Fla. Admin. Code Title 61 — Department of Business and Professional Regulation

Division 61G3 Barbers' Board

Chapter 61G3-15 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES

Fla. Admin. Code R. 61G3-15 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES

CHAPTER 61G3-15 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES 61G3-15.006 General Information (Repealed) 61G3-15.008 Probable Cause Determination 61G3-15.015 Guidelines for Disposition of Disciplinary Cases or Other Cases in Which Substantial Interests Are Determined by the Board (Repealed) 61G3-15.016 Time for Payment of Civil Penalties (Repealed) 61G3-15.017 Board Member Compensation 61G3-15.018 Investigators and Investigative Consultants, Criteria for Selection (Repealed) 61G3-15.019 Examiners in Practical Examinations; Criteria for Selection (Repealed) 61G3-15.020 Security and Monitoring Procedures for Licensure Examination (Repealed) 61G3-15.021 Final Orders (Repealed) 61G3-15.0215 Motion for Reconsideration (Repealed) 61G3-15.022 Designation of Official Reporter (Repealed) 61G3-15.024 Unexcused Absences 61G3-15.025 Public Comment at Board Meetings 61G3-15.006 General Information. Rulemaking Authority 119.07(1)(a), 120.53(1), 476.064(4) FS. Law Implemented 119.07(1)(a), 120.53(1), 455.205 FS. History–New 7-16-80, Formerly 21C-15.06, 21C-15.006, Amended 10-30-95, 2-14-96, 2-11-02, Repealed 5-3-12. 61G3-15.008 Probable Cause Determination. The determination as to whether probable cause exists to believe that a violation of the provisions of Chapters 455 and 476, F.S., or of the rules promulgated thereunder has occurred, shall be made by the Department of Business and Professional Regulation. Rulemaking Authority 455.225(4), 476.064(4) FS. Law Implemented 455.225(4) FS. History–New 7-16-80, Formerly 21C-15.08, 21C-15.008. 61G3-15.015 Guidelines for Disposition of Disciplinary Cases or Other Cases in Which Substantial Interests Are Determined by the Board. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 7-16-80, Formerly 21C-15.15, 21C-15.015, Repealed 5-3-12. 61G3-15.016 Time for Payment of Civil Penalties. Rulemaking Authority 476.064(4), 455.227(2), 476.204 FS. Law Implemented 455.227(2), 476.204 FS. History–New 7-16-80, Formerly 21C-15.16, Amended 5-31-93, Formerly 21C-15.016, Amended 9-21-10, Repealed 2-4-16. 61G3-15.017 Board Member Compensation. Board members shall be eligible to receive compensation of fifty dollars ($50.00) per day in the following circumstances: (1) Official Noticed Meetings of the Board. (2) In addition to Official Noticed meetings of the Board, Board members shall be eligible to receive compensation of fifty dollars ($50.00) per day for other Board business which is defined as: (a) Meetings as routinely scheduled for conducting Board business; (b) Committee meetings, when noticed and held separate from regular Board meetings (i.e., Examination Committee); (c) Board workshops, when noticed and held separate from regular Board meetings. (d) Standing committees of the Board, when acting within specific statutory authority and apart from routine Board business; (e) Meetings between a board member or members and the department staff or consultants which the board member attends at the request of the department; (f) Meetings or conferences which the board member attends at the request of the Secretary or the Secretary’s designee; (g) Administrative hearings or legal proceedings at which the board member appears as a witness or representative of the Board at the request of counsel to the Board. (3) In the event a board member is present for a particular official meeting and the meeting is cancelled without prior notice, the attending board member will be eligible for compensation, provided the member was present at the scheduled time. Rulemaking Authority 455.207(4), 476.064(4) FS. Law Implemented 455.207(4) FS. History–New 11-5-81, Formerly 21C-15.17, Amended 3-15-93, Formerly 21C-15.017, Amended 10-30-95. 61G3-15.018 Investigators and Investigative Consultants, Criteria for Selection. Rulemaking Authority 455.203(8) FS. Law Implemented 455.203(8) FS. History–New 4-6-82, Formerly 21C-15.18, 21C-15.018, Repealed 5-11-14. 61G3-15.019 Examiners in Practical Examinations; Criteria for Selection. Rulemaking Authority 455.217(1)(b), 476.064(4) FS. Law Implemented 455.217(1)(b), 476.134 FS. History–New 4-6-82, Formerly 21C-15.19, Amended 7-7-86, 8-31-88, 7-15-91, Formerly 21C-15.019, Amended 12-9-97, Repealed 10-19-09. 61G3-15.020 Security and Monitoring Procedures for Licensure Examination. Rulemaking Authority 455.217(1)(d), 120.54(8) FS. Law Implemented 455.217(1)(d) FS. History–New 4-6-82, Formerly 21C-15.20, 21C-15.020, Repealed 5-3-12. 61G3-15.021 Final Orders. Rulemaking Authority 120.53(1), 476.064(4) FS. Law Implemented 120.52(11), 120.53(1), 476.064(4) FS. History–New 1-10-83, Formerly 21C-15.21, Amended 6-14-93, Formerly 21C-15.021, Repealed 5-3-12. 61G3-15.0215 Motion for Reconsideration. Rulemaking Authority 120.53(1), 476.064(4) FS. Law Implemented 120.53(1) FS. History–New 7-21-92, Formerly 21C-15.0215, Amended 11-6-97, Repealed 11-9-17. 61G3-15.022 Designation of Official Reporter. Rulemaking Authority 120.53(2)(b),(c),(4), 476.064(4) FS. Law Implemented 120.53(2)(b),(c),(4) FS. History–New 5-29-85, Formerly 21C-15.22, 21C-15.022, Repealed 5-3-12. 61G3-15.024 Unexcused Absences. Unexcused absences shall include any absence other than: one caused by serious illness of a member preventing attendance; death or serious illness of an immediate family member; or unavoidable travel delays or cancellations preventing attendance. Members shall communicate the reason for any absence to the Executive Director prior to the meeting and the reason for the absence shall be made part of the minutes of that meeting. Rulemaking Authority 455.207(3), 476.064(4) FS. Law Implemented 455.207(3) FS. History–New 12-7-92, Formerly 21C-15.024. 61G3-15.025 Public Comment at Board Meetings. The Barbers’ Board invites and encourages all members of the public to provide comment on propositions before the Board. The opportunity to provide comment shall be subject to the following: (1) Members of the public will be given an opportunity to provide comment on propositions before the Board after an agenda item is introduced at a properly noticed board meeting. (2) Individual members of the public shall be limited to three minutes to provide comment. Groups including five or more persons shall have a single person speak on behalf of the group and that speaker shall be limited to five minutes to provide comment. The time limits to provide comment shall not include time spent by the presenter responding to questions posed by Board members, staff or board counsel. The chair of the Board may extend the time limits to provide comment if time permits. (3) A member of the public shall notify board staff in writing of the person’s or group’s interest to be heard on a proposition before the Board. The notification shall identify the person or group, and indicate the person’s or group’s support, opposition, or neutrality, and identify who will speak on behalf of a group consisting of five or more persons. If the person or entity appearing before the Board does not wish to be identified, a pseudonym may be used. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History–New 6-3-14.

Chapter 61G3-16 EXAMINATION FOR LICENSURE, REEXAMINATION, AND EXAMINATION REVIEW

Fla. Admin. Code R. 61G3-16 EXAMINATION FOR LICENSURE, REEXAMINATION, AND EXAMINATION REVIEW

CHAPTER 61G3-16 EXAMINATION FOR LICENSURE, REEXAMINATION, AND EXAMINATION REVIEW 61G3-16.001 Barber License 61G3-16.0010 Examination for Barber Licensure 61G3-16.002 Reexamination 61G3-16.003 Examination Review Procedure (Repealed) 61G3-16.004 Reader (Repealed) 61G3-16.0041 Foreign Language Examination (Repealed) 61G3-16.005 Foreign Endorsement 61G3-16.0051 Domestic Endorsement 61G3-16.006 Restricted Barber License 61G3-16.007 Examination for Restricted Licensure 61G3-16.008 Manner of Application 61G3-16.009 Requirements for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (AIDS) 61G3-16.0091 Requirement for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) for Continuing Education 61G3-16.0092 Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) Education Provider Requirements 61G3-16.010 Supervised Practice Exception 61G3-16.001 Barber License. (1) Individuals desiring to be licensed as a barber by examination in the State of Florida shall meet all required qualifications as set forth in Section 476.114, F.S. (2) Individuals seeking to take the licensing examination on the basis of successful completion of the required education training specified in Section 476.114(2)(c), F.S., shall provide satisfactory proof of their successful completion of such training, which shall consist of the school or program that administers the course certifying that the applicant has successfully completed the barber course, and that the barber course complies with the minimum requirements set forth below in paragraph (3)(b). (3) All barber courses which are taught for the purpose of qualifying an individual for a license to practice barbering shall consist of a minimum of 900 barber hours of training and instruction in the subjects set forth in paragraph (3)(b). (a) If an applicant for licensure by examination meets all required qualifications except the required minimum hours of training, he or she shall be entitled to take the licensure examination if the applicant has completed 600 hours of training and has been certified by the school or program in which he or she is currently enrolled to have achieved the minimum competency standards of performance in the skills, services and trade techniques listed in paragraph (3)(b). If the applicant fails to achieve a passing grade on either or both portions of the licensure examination, he or she shall be entitled to re-examination only upon completion of the full requirements of 900 hours of training and instruction provided for in Section 476.114(2)(c), F.S. (b) A school of barbering shall certify on a student’s examination application that said individual has completed 500 hours of training in barbering skills, services and correlating trade techniques along with 400 hours of classroom instruction and lab studies. All barbering courses which are taught for the purpose of qualifying an individual for a license to practice barbering shall be as specified below:

1. Florida Laws and Rules 225 Hours

2. Safety, Sanitation and Sterilization 270 Hours

3. Hair Structure and Chemistry 90 Hours

4. Hair Cutting 135 Hours

a. Taper Cuts

I. Freehand

II. Shear over comb

III. Clipper over comb

b. Style Cuts (to include blow drying)

5. Shampooing 45 Hours

6. Chemical Services to include permanent waving; coloring and bleaching; and hair relaxing and curling. 90 Hours

7. Shaving, Beard and Mustache Trimming 45 Hours

Rulemaking Authority 455.217(1)(b), 476.064(4), 476.114(2), 476.134 FS. Law Implemented 455.217(1)(b), 476.114(2), 476.134 FS. History–New 7-16-80, Amended 7-6-81, 8-31-82, 5-29-85, Formerly 21C-16.01, Amended 9-3-86, 5-30-88, 12-31-89, 1-26-93, 3-15-93, Formerly 21C-16.001, Amended 9-15-94, 11-12-00, 4-26-04, 1-10-21, Technical Change 12-2-25. 61G3-16.0010 Examination for Barber Licensure. (1) The examination for licensure to practice barbering shall consist of a written examination. Applicants for a license to practice barbering must achieve a passing grade on the examination to be eligible for a license to practice barbering. An applicant who has completed all requirements for examination and paid the fee specified in Rule 61G3-20.002, F.A.C., will be admitted to the examination for licensure. (2) The following subjects will be tested on the written examination and will be weighted approximately as designated: Category Weight

(a) Florida Laws and Rules 25%

(b) Safety, Sanitation and Sterilization 30%

(c) Hair Structure and Chemistry 10%

(d) Hair Cutting and Hair Styling 15%

(e) Shampooing 5%

(f) Chemical Procedures (Permanent Waving, Coloring and Bleaching, Hair Relaxing and Curling) 10%

(g) Shaving, Beard and Mustache Trimming 5%

(3) The score necessary to achieve a passing grade shall be no less than seventy (70) percent out of one hundred (100) percent on the written examination. In rounding percentages, any percentage which is point five (.5) or above shall be rounded up to the next whole number. Percentages less than point five (.5) shall be rounded down to the next whole number. Rulemaking Authority 455.217(1)(b), (c), 476.064(4), 476.114(2), 476.134 FS. Law Implemented 455.217(1)(b), (c), 476.114(2), 476.134 FS. History–New 11-12-00, Amended 11-27-02, 4-26-04, 2-11-10, 10-7-10, 6-3-20. 61G3-16.002 Reexamination. An applicant who fails the state examination for licensure and wishes to retake the examination shall pay the reexamination fee as set forth in Rule 61G3-20.002, F.A.C., and submit a completed reexamination application, a link to which can be found at Rule 61-35.006, F.A.C. Rulemaking Authority 455.217(2), 476.064(4), 476.114(3) FS. Law Implemented 455.217(2), 476.114(3) FS. History–New 7-16-80, Amended 4-6-82, 4-21-83, Formerly 21C-16.02, Amended 11-12-87, Formerly 21C-16.002, Amended 11-12-00, 2-11-10, 11-17-15. 61G3-16.003 Examination Review Procedure. Rulemaking Authority 455.217(3) FS. Law Implemented 455.217(3) FS. History–New 7-16-80, Formerly 21C-16.03, Amended 12-23-90, Formerly 21C-16.003, Amended 11-12-00, Repealed 5-3-12. 61G3-16.004 Reader. Rulemaking Authority 476.064, 476.134 FS. Law Implemented 455.217, 476.134 FS. History–New 4-21-83, Formerly 21C-16.04, 21C-16.004, Repealed 12-22-94. 61G3-16.0041 Foreign Language Examination. Rulemaking Authority 476.064(4) FS. Law Implemented 455.217(6) FS. History–New 1-26-93, Formerly 21C-16.0041, Amended 11-12-00, Repealed 5-3-12. 61G3-16.005 Foreign Endorsement. The Department of Business and Professional Regulation shall issue a license by endorsement to a person who: (1) Makes application and pays to the Department the fee specified in Rule 61G3-20.002, F.A.C.; (2) Demonstrates that he or she possesses a current active license in another country or United States territory; (3) Demonstrates that he or she has satisfactorily completed a written examination comparable to or more stringent than the examination given by the Department; (4) Demonstrates that he or she has completed: (a) 900 hours of schooling in a program similar to, comparable to or more stringent than that required of Florida students and, at a minimum, covering the subjects of Safety, Sanitation and Sterilization, Hair Structure and Chemistry, Hair Cutting, Shampooing, Chemical Services, and Shaving as specified by the Barbers’ Board; or (b) An apprenticeship program of 900 hours; or (c) A combination thereof. (5) Certifies that he or she has read and understood and will abide by Chapters 455 and 476, F.S., and Division 61G3, F.A.C. (6) For purposes of demonstrating that an applicant from a territory or foreign country has met the requirements of subsections (2), (3) and (4) above, the applicant must provide the Board with an education evaluation conducted by a credential evaluation service that is a member of the National Association of Credential Evaluation Services. Rulemaking Authority 476.064(4), 476.144(5) FS. Law Implemented 476.144(5) FS. History–New 10-14-85, Formerly 21C-16.05, Amended 6-1-87, 11-12-87, 7-4-90, 12-23-90, 1-26-93, Formerly 21C-16.005, Amended 11-30-93, 5-3-06, 5-31-07, 2-11-10, 12-6-11, 1-10-21. 61G3-16.0051 Domestic Endorsement. The Department of Business and Professional Regulation shall issue a license by endorsement to a person who: (1) Makes application and pays to the Department the fee specified in Rule 61G3-20.002, F.A.C.; (2) Demonstrates the applicant has completed a board approved HIV/AIDS course; and (3) Demonstrates the applicant holds a current active license to practice barbering in another state. Rulemaking Authority 476.064(4), 476.144(5) FS. Law Implemented 455.2228, 476.144(5) FS. History–New 12-24-20, Technical Change 12-2-25. 61G3-16.006 Restricted Barber License. (1) Individuals who seek to be eligible to take the licensure examination for a restricted license to practice barbering by having completed a restricted barber course shall submit with their application satisfactory proof of their successful completion of such course at a school of barbering licensed pursuant to Chapter 1005, F.S., a barbering program within the public school system, or a government-operated barbering program in the State of Florida. Satisfactory proof of successful completion of the restricted barber course shall consist of the school or program which administers the course certifying that the applicant has successfully completed the restricted barbers course; and, that the course complied with the minimum requirements as set forth below. (a) All restricted barber courses which are taught for the purpose of qualifying an individual for a restricted license to practice barbering shall provide, at a minimum, 600 hours of training. (b) A school of barbering shall certify on a student examination application that said student has completed his or her training in restricted barbering skills, services and correlating trade techniques along with classroom instruction and lab studies. All restricted barber courses which are taught for the purpose of qualifying an individual for a restricted barber license to practice restricted barbering shall meet, at a minimum, the requirements specified below:

1. Florida Laws and Rules 75 Hours

2. Safety, Sanitation and Sterilization 325 Hours

3. Hair Structure, Cutting and Cleansing 150 Hours

a. Taper Cuts

I. Freehand

II. Shear over comb

III. Clipper over comb

b. Style Cuts (to include blow drying)

c. Shampooing

4. Shaving, Beard and Mustache Trimming 50 Hours

(c) Any school authorized to provide a restricted barbering course with a minimum of 1,200 hours as of January 1, 2020, may continue to provide a restricted barber course with a minimum of 1,200 hours through December 31, 2020. (2) Individuals who seek to be eligible to take the licensure examination for a restricted license to practice barbering by holding or having held within the five years immediately preceding the date of application an active valid license, certificate, or registration to practice barbering which has been issued by another state or country, shall provide with their application a copy of all licenses, certificates, or registrations issued to the applicant by any other state or country; together with a statement from each agency, organization, or authority that issued the licenses, certificates, or registrations which is dated within three months of the date of the application, and which states that the applicant has not been disciplined by the agency, organization, or authority for acts related to the practice of barbering within the previous five years. (3) Individuals who seek to be eligible to take the licensure examination for a restricted license to practice barbering by having once held a Florida barbering license which has been declared null and void for failure to renew the license shall provide with their application: (a) The full name in which the license was issued and the license number, (b) A copy of the previous license, if available, and (c) Proof that they fulfilled the requirements of Section 476.114(2)(c), F.S., for initial licensure. (4) All applicants who are found to be eligible to take the licensure examination for a restricted license to practice barbering shall be required to take and pass the examination for restricted licensure. Upon achieving a passing grade on all portions of the restricted licensure examination, and the issuance of a restricted license to practice barbering by the Department, an individual shall be permitted to perform the following barber services for compensation subject to the same terms, conditions, and restrictions imposed on holders of an unrestricted license to practice barbering: (a) Hair cutting and styling, including the application of hair tonics and hair spray, but not including the application of any other chemical preparations or solutions to the hair, (b) Full facial shaves, (c) Mustache and beard trimming, (d) Shampooing hair, including the application of shampoos and hair conditioners and blow drying the hair. Rulemaking Authority 476.064(4), 476.144(6) FS. Law Implemented 476.144(6) FS. History–New 11-12-87, Formerly 21C-16.006, Amended 5-23-99, 4-26-04, 1-1-20, 6-3-20. 61G3-16.007 Examination for Restricted Licensure. (1) The examination for restricted licensure shall cover the laws and rules which govern the practice of barbering in Florida. (2) The score necessary to achieve a passing grade on the written portion of the restricted licensure examination shall be no less than seventy (70) percent out of one hundred (100) percent on the examination. In rounding percentages, any percentage which is point five (.5) or above shall be rounded up to the next whole number. Percentages less than point five (.5) shall be rounded down to the next whole number. Rulemaking Authority 455.217, 476.064(4), 476.134, 476.144 FS. Law Implemented 455.217, 476.134, 476.144 FS. History–New 11-12-87, Amended 3-22-92, 1-26-93, Formerly 21C-16.007, Amended 9-15-94, 12-9-98, 11-27-02, 4-26-04, 8-1-05, 5-13-10, 12-15-13, 6-3-20. 61G3-16.008 Manner of Application. (1) Every person desiring to be examined for either full or restricted licensure as a barber shall apply to the Department in writing upon forms prepared and furnished by the Department and pay an examination fee as required by Rule 61G3-20.002, F.A.C. (2) Applicants for an unrestricted license who have completed six hundred (600) actual school hours or more but less than nine hundred (900) actual school hours are required to have the school or program attended certify on that portion of the application so designated that said applicant has completed the stated number of hours, the required services as established by Rule 61G3-16.001, F.A.C., and is competent to sit for the licensure examination. Rulemaking Authority 476.064(4) FS. Law Implemented 455.217(1)(b), 455.213(1), 476.114 FS. History–New 11-12-87, Formerly 21C-16.008, Amended 8-11-98, 11-12-00, 2-11-10, 12-15-13, 1-10-21, Technical Change 12-2-25. 61G3-16.009 Requirements for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (AIDS). (1) The Board shall require as a condition of granting an initial license, completion of an education course approved by the Board, on HIV and AIDS. Certification of completion of a HIV/AIDS course shall accompany the application for initial licensure. Any applicant for licensure may take an approved course within two (2) years preceding application for initial licensure. (2) The course shall consist of education on the modes of transmission, infection control procedures, clinical management and prevention of HIV and AIDS, with emphasis on appropriate behavior and attitude changes with specific relevance to the practice of barbering and cosmetology including sanitary requirements. (3) Courses may be presented as live presentation courses, home study courses, or video courses. All home study courses shall include a written post course examination which must be graded by the provider. Post-course examinations may be open-book examinations. Persons taking the course must achieve a 75% passing score on all post-course examinations in order to receive a certificate of completion. Rulemaking Authority 455.2228, 476.064(4) FS. Law Implemented 455.2179, 455.2228 FS. History–New 12-31-89, Amended 10-17-90, 3-22-92, Formerly 21C-16.009, Amended 11-30-93, 9-15-94, 12-22-94, 5-3-95, 6-29-95, 12-12-95, 5-1-96, 12-9-97, 4-17-01, 6-5-12, Technical Change 12-2-25. 61G3-16.0091 Requirement for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) for Continuing Education. (1) Each person licensed under Chapter 476, F.S., shall complete a department or board approved HIV/AIDS education course as a condition of the renewal of his or her license as follows: (a) Such course must be taken during the licensure period and prior to expiration of the license for a license to be renewed in an active status; or (b) Any person whose license is listed as being in delinquent or inactive status shall take a department or board approved HIV/AIDS education course prior to reactivation of their license. (2) The course shall consist of education on the modes of transmission, infection control procedures, clinical management and prevention of HIV and AIDS, with emphasis on appropriate behavior and attitude changes and with specific relevance to the practice of barbering and cosmetology including sanitary requirements. The course shall be a minimum of (2) hours of instruction. (3) Courses may be presented as live presentation courses, home study courses, or video courses. All home study courses shall include a written post course examination which must be graded by the provider. Post-course examinations may be open-book examinations. Persons taking the course must achieve a 75% passing score on all post-course examinations in order to receive continuing education credit. (4) Licensees holding two or more licenses subject to the HIV/AIDS education course requirement shall present all license numbers to the provider of such course. Providers shall submit all license numbers for attendees taking the HIV/AIDS education course. (5) Licensees shall have until the expiration of the current licensure cycle to resolve disputes with the provider regarding his or her continuing education completion status and provide proof of courses taken to the Board or Department. Rulemaking Authority 455.2228, 476.064(4) FS. Law Implemented 455.2228, 455.2179 FS. History–New 5-10-01, Amended 6-5-12, 3-31-13, 7-9-19, 6-3-20. 61G3-16.0092 Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) Education Provider Requirements. (1) Entities or individuals who wish to become approved providers to offer courses for initial licensure shall make application to the Board or department on a form prescribed by the Department which copies may be obtained from the department. Applications for initial licensure providership must be submitted at least 30 days prior to the next Board meeting. (2) Entities or individuals who wish to become approved providers to offer courses for continuing education purposes shall make application to the department on a form prescribed by the department, which copies may be obtained from the department. Applications for continuing education providership must be submitted at least 60 days prior to the next Board meeting. (3) Providers wishing to offer their education courses for both initial licensure and for continuing education may submit one application appropriately marked at least 60 days prior to the next Board meeting. (4) The application shall include: (a) The name, address, telephone number and if available fax number, and e-mail address of a contact person who will fulfill the reporting and documentation requirements for provider approval. The provider shall notify the Board of any change of contact person within ten (10) days of the actual change. (b) A fee of two hundred fifty dollars ($250) shall accompany each provider application for continuing education. (c) Each provider application shall include course materials. The course shall consist of education as set forth in subsections 61G3-16.009(2) and 61G3-16.0091(2), F.A.C. (d) Each provider application shall include a sample certificate of completion that the course instructor shall provide each course participant if the participant successfully completes the course. Such certificate shall include the course participant’s name, the title of the course, the course approval number, date completed and number of hours. The certificate shall be provided to the course participant at the completion of the course. (5) Provider approval for initial licensure and for continuing education is valid through May 31 of odd numbered years. To renew provider approval for initial licensure and for continuing education, providers must resubmit the course materials for the Board’s review. For renewal of provider approval for continuing education, providers must also submit a fee of two hundred fifty dollars ($250). Course materials submitted for renewal of approval must be received by the Board office no sooner than 90 days prior to the expiration date and no later than 60 days prior to the next Board meeting. Approval as a continuing education provider shall remain valid while an application for renewal is pending before the Board provided the renewal application is complete and was received before the scheduled expiration of the provider’s approval. Providers who fail to renew their provider status on a timely basis in accordance with these rules shall not offer or advertise a course for initial licensure or continuing education. (6) Providers shall maintain a system of recordkeeping which provides for storage of approved courses. Providers shall maintain a roster of participants for four years. The records and roster shall be available for inspection by the Board or Department. Providers must electronically provide to the Department a list of attendees taking the course for continuing education purposes within 30 business days of the completion of the course. 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 sooner. The list of attendees submitted electronically to the Department shall not include applicants taking the course for initial licensure. For home study courses, the provider must electronically supply the list of those individuals successfully completing the course by the 5th of the month following the calendar month in which the provider received documentation and was able to determine the successful completion of the course by the licensee. This list shall include the provider’s name and provider number, the name and license number of the attendee, the date the course was completed and the course number. Failure to comply with the time and form requirements will result in disciplinary action taken against the provider. Rulemaking Authority 455.2228, 476.064(4) FS. Law Implemented 455.2178, 455.2179, 455.2228 FS. History–New 9-12-01, Amended 11-2-06, 5-11-08, 4-25-13. 61G3-16.010 Supervised Practice Exception. (1) Following the completion of the first licensing examination by an applicant for licensure as a barber by examination who has completed the barber training required by Chapter 476, F.S., and Rule 61G3-16.001, F.A.C, the applicant is eligible to practice as a barber and perform barbering services temporarily in a current, actively licensed barbershop under the following conditions: (a) In the event an applicant obtains a passing score on the examination on the first attempt, the applicant shall be eligible, prior to having the application acted on by the Board, to practice in a licensed barbershop, provided that the applicant post the examination at the work station with a recent photograph affixed thereto. (b) In the event that the applicant fails to obtain a passing score on the examination on the first attempt, the applicant shall not be eligible to practice under this rule until the applicant:

1. Applies to the Department for authorization to retake the examination; and
2. Presents the holder of the license for the barbershop a copy of both the reexamination application and the examination scheduling authorization letter from the department or the qualified outside testing vendor.
3. Upon completion of these conditions, the applicant is eligible to practice in a licensed barbershop subject to the provisions of paragraph (c) referenced below, provided that the applicant posts the examination results at the work station with a recent photograph affixed thereto. The applicant must discontinue practicing when 180 days have passed from the date of the first examination, if reexamination has not yet been completed. Under no circumstances shall the applicant be eligible to practice prior to having applied for reexamination and having obtained the examination scheduling authorization letter from the department or the qualified outside testing vendor. (c) All barbering services performed by the applicant under this exception shall be performed under the supervision of a licensed barber. “Under the supervision of a licensed barber” shall mean that an individual who then holds a current, active Florida license as a barber shall be physically present at all times when the applicant is performing barbering services. (2) In the event an applicant, who previously failed the examination on the first attempt, fails to obtain a passing score on the second licensure examination, the applicant is no longer eligible to practice as a barber under this exception and must immediately discontinue practicing barbering services until the applicant has been issued a license to practice by the Department. Rulemaking Authority 455.217, 476.064(4), 476.184(2) FS. Law Implemented 455.217, 476.144(7), 476.184(2), (10) FS. History–New 12-9-98, Amended 11-12-00, 12-29-08, 2-11-10.

Chapter 61G3-18 BIENNIAL RENEWAL OF BARBER LICENSE AND BARBER ASSISTANT REGISTRATION

Fla. Admin. Code R. 61G3-18 BIENNIAL RENEWAL OF BARBER LICENSE AND BARBER ASSISTANT REGISTRATION

CHAPTER 61G3-18 BIENNIAL RENEWAL OF BARBER LICENSE AND BARBER ASSISTANT REGISTRATION 61G3-18.001 Biennial Renewal of Barber License (Repealed) 61G3-18.002 Biennial Renewal of Barber Assistant Registration (Repealed) 61G3-18.003 Exemption from Licensure Renewal Provisions (Repealed) 61G3-18.001 Biennial Renewal of Barber License. Rulemaking Authority 476.064(4), 476.154(1) FS. Law Implemented 476.144, 476.154(1) FS. History–New 7-16-80, Formerly 21C-18.01, Amended 11-12-87, Formerly 21C-18.001, Amended 11-6-97, Repealed 5-3-12. 61G3-18.002 Biennial Renewal of Barber Assistant Registration. Rulemaking Authority 476.064(4), 476.254 FS. Law Implemented 476.254 FS. History–New 7-16-80, Formerly 21C-18.02, 21C-18.002, Amended 12-9-97, Repealed 5-3-12. 61G3-18.003 Exemption from Licensure Renewal Provisions. Rulemaking Authority 476.064(4), 455.02 FS. Law Implemented 476.144, 455.02 FS. History–New 3-25-84, Formerly 21C-18.03, Amended 11-12-87, Formerly 21C-18.003, Amended 2-24-16, Repealed 4-26-21.

Chapter 61G3-19 BARBERSHOP REGISTRATION; CHANGE OF OWNERSHIP OR LOCATION AND RENEWAL

Fla. Admin. Code R. 61G3-19 BARBERSHOP REGISTRATION; CHANGE OF OWNERSHIP OR LOCATION AND RENEWAL

CHAPTER 61G3-19 BARBERSHOP REGISTRATION; CHANGE OF OWNERSHIP OR LOCATION AND RENEWAL 61G3-19.008 Barbershop Defined 61G3-19.009 Display of License 61G3-19.010 Performance of Barber Services Outside of Licensed Shop 61G3-19.011 Barbershop Requirements 61G3-19.012 Posting of Sanitation, Health, and Safety Rules Required 61G3-19.013 Change of Ownership of Barbershops 61G3-19.0135 Relocation of a Barbershop (Repealed) 61G3-19.014 Biennial Renewal of Barbershop License 61G3-19.015 Inspections 61G3-19.016 Precautions Against Communicable Diseases 61G3-19.008 Barbershop Defined. Barbershop means any place of business wherein the practice of barbering is carried on, however this does not prevent the practice of barbering in a licensed cosmetology salon or the practice of cosmetology in a licensed barbershop, provided the barbershop employs a licensed barber. Rulemaking Authority 476.064(4) FS. Law Implemented 476.034(3) FS. History–New 4-27-86, Amended 3-15-93, Formerly 21C-19.008. 61G3-19.009 Display of License. (1) A current personal license shall be displayed at all times at the barber’s place of employment in plain view of the work station. The license or registration on display shall be the original certificate or a duplicate issued by the Department and shall have attached a 2'' by 2'' photograph taken within the previous two years of the individual whose name appears on the certificate. The certificate with photograph attached shall be permanently laminated as of July 1, 2008. (2) The shop license shall be displayed within view of the front entrance or in the waiting area. Rulemaking Authority 476.064(4), 476.184(2) FS. Law Implemented 476.184(10) FS. History–New 4-27-86, Amended 8-31-88, 3-15-93, Formerly 21C-19.009, Amended 3-6-08. 61G3-19.010 Performance of Barber Services Outside of Licensed Shop. (1) Barber services may be performed by a licensed barber in a residence when a client for reasons of ill health is unable to go to a licensed shop. The following procedure shall be followed: (a) Arrangements shall be made through a licensed shop. (b) Information as to the name of the client and the address at which the services are to be performed shall be recorded in the appointment book. (c) The appointment book shall remain at the shop and be made available upon request to any investigator or inspector of the Department. (2) When barber services are performed in an unlicensed location within a hospital, nursing home, or similar facility, such services may lawfully be performed only upon clients, residents, or patients, who for reasons of ill health are unable to visit a licensed shop. If such services are to be performed upon employees or persons who do not reside in the facility, or any other nonqualified persons, the location must be a licensed shop. Rulemaking Authority 476.064(4), 476.188(2) FS. Law Implemented 476.188(2) FS. History–New 4-27-86, Formerly 21C-19.010. 61G3-19.011 Barbershop Requirements. (1) Prior to opening a barbershop, the owner shall: (a) Submit an application on forms prescribed by the Department of Business and Professional Regulation; (b) Pay the required registration fee as outlined in the fee schedule; (c) Meet the safety and sanitary requirements as listed in the subsequent portions of this section, with said requirements to continue in full force and effect for the life of the barbershop. (2) Each barbershop and each barber shall take reasonable steps to insure that the shop and individual service area, respectively is maintained and operated in a safe and sanitary manner. Such steps shall include the following: (a) Compliance with all local code requirements and to eliminate all fire hazards and dangerous structural defects; (b) Provisions for safe and unobstructed human passage in the premises; removal of garbage and refuse; removal of excessive hair from floor; and safe storage or removal of flammable materials. All garbage must be kept in a closed container or receptacle; (c) Maintenance of at least one portable and operational fire extinguisher in each shop. The fire extinguisher shall be located so that it is visible to the public and barbers. Access to the fire extinguisher shall be unimpeded. Inspections of the fire extinguisher shall be kept current; (d) Extermination of all vermin, insects, termites, and rodents on the premises; (e) Maintenance of all equipment used to perform services on the premises in a safe and sanitary condition, including the regular application of cleaners and bacterial agents; (f) Assurance that materials furnished for the personal use of the customer, such as towels, are cleansed before reuse. (3) Every person practicing in a barbershop in any capacity shall wash his or her hands thoroughly with an anti-bacterial liquid or powdered soap and water before serving each patron. (4) After the handling of a customer affected with an eruption, or whose skin is broken out, or is inflamed or contains pus, the hands of the attendant shall be disinfected immediately; this shall be done by thorough washing with soap and water, followed by rinsing in rubbing alcohol (70 to 80 percent) or the use of some equally efficient disinfectant. (5) All towels and linens are to be kept in a closed container or compartment. (6) The barber shop must have one or more shampoo bowls equipped with hot and cold running water. The shampoo bowls shall be located in the area where barbering services are performed. (7) Each headrest on each chair in every barbershop must be equipped with a relaundered towel or a sheet of clean paper for each patron. (8) Each patron shall have a clean strip of cotton, towel or neckband on the neck so that the haircloth does not come in contact with the neck or skin of the patron’s body. (9) The use of a brush, comb, or other barbering tool on more than one patron without being sanitized is prohibited. (10) All barbershops shall be equipped with and shall utilize wet sanitizers, sufficient to allow for sanitizing practices. A wet sanitizer is any clear plastic or glass receptacle with a lid containing a disinfectant solution as specified below, and large enough to allow for immersion of the barbering tools, or those surfaces of said tools which come in contact with the patrons. (11) All tools used in barbershops including, but not limited to, razors, scissors, tweezers, combs, rubber discs, or parts of vibrators shall be free from hair, cleansed and: (a) Immersed in a disinfectant registered with the Environmental Protection Agency (EPA) as a bacterial, virucidal and fungicidal disinfectant, and approved by that agency for use in hospitals, for one to five minutes; (b) All combs, brushes, metallic instruments with a cutting edge, or implements which have come into contact with blood, or body fluids, shall be immersed in a disinfectant that indicates on its label that it has been registered with the Environmental Protection Agency (EPA) as a tuberculocidal disinfectant, in accordance with C.F.R. 1910. 1030, or (c) Cleansed and sanitized for use by any other method that shall be the equivalent in germicidal or organism destructive effect, as provided in paragraph (11)(a) or (b), above. The use of an ultraviolet ray sanitizing cabinet, by itself, is not sufficient to meet the requirements of paragraph (11)(a) or (b), above. (d) After complying with any of the above requirements, the razor, scissors, tweezers, combs, rubber discs or parts of vibrators shall then be placed and kept in a clean, closed cabinet or container until next ready for use. Storage in an ultraviolet ray sanitizing cabinet is preferred. (12) The use of styptic pencils or any other astringent that will come in contact with more than one patron is prohibited. If a slight cut or scratch drawing blood has occurred, the use of sterile cotton, styptic powder, or any suitable solution first applied to a sterile cotton ball or swab is approved. (13) All owners or managers or barbershops must provide at least two receptacles, one for the deposit of used towels, and one for the deposit of used shaving paper. All used towels and used shaving papers are to be deposited in the proper receptacle immediately after use. (14) All barbershops are to be equipped with adequate toilet and sink facilities on the premises or in the same building as, and within 300 feet of the barbershop. To be adequate, such facilities shall have at least one toilet and one sink with running water. Such facilities shall be equipped with toilet tissue, soap dispenser with soap or other hand cleaning material, sanitary towels or other hand-drying device such as a wall-mounted electric blow dryer, and waste receptacle. Such facilities and all of the foregoing fixtures and components shall be kept clean, in good repair, well-lighted and adequately ventilated to remove objectionable odors and shall comply with the provisions of Rule 64E-10.044, Florida Administrative Code (F.A.C.). (15) Styling stations, styling bars, back bars, dresserettes, or working stations must be kept clean at all times to the sight and touch. All drawers and shelves of the above being used for the storage of rollers, brushes, combs, pins, nets, and equipment must have proper sanitation, and shall not be used for storage of nonrelated equipment or supplies. One drawer or cabinet may be designated for storage of personal items. (16) Each barbershop shall be kept well ventilated. The walls, ceilings, furniture and equipment shall be kept clean and free from dust. Hair must not be allowed to accumulate on the floor of the barbershop. Hair must be deposited in a closed container. (17) No animals or pets shall be permitted inside a barbershop, with the exception, of closed aquariums or trained animals to assist the hearing or visually impaired, or the physically disabled. (18) A barbershop may be located at a place of residence. Barbershop facilities must be separated from the living quarters by a permanent wall construction. A separate entrance shall be provided to allow entry to the barbershop other than from the living quarters. Toilet and lavatory facilities shall comply with subsection (14) above, shall have an entrance from the barbershop other than the living quarters, and shall not be the same toilet and lavatory facilities as are used by the occupants of the residence. (19) No barbershop shall be operated in the same licensed space allocation with any other business which adversely affects the sanitation of the barbershop. In order to control the required space and maintain proper sanitation, where a barbershop adjoins such other business, there must be permanent walls separating the barbershop from other business and there must be separate and distinctly marked entrances for each. (20) For purposes of this rule, “permanent wall” means a vertical continuous structure of wood, plaster, masonry, or other similar building material, which is physically connected to a barbershop’s floor and ceiling, and which serves to delineate and protect the barbershop. (21) A barbershop must contain a minimum of 100 square feet of floor space, excluding the toilet and lavatory facilities. No more than one (1) barber at any one time may perform barbering services in a barbershop which has only the minimum floor space. In addition, a barbershop in which more than one (1) barber performs barbering services at any one time must contain an additional forty (40) square feet for each such additional barber. (22) A barbershop may contain less than 100 square feet of floor space if it complies with all the requirements set out above, except the square footage requirements, and: (a) Only one barber and one customer shall be in the barbershop at any one time; (b) No person shall wait at the barbershop for barbering services; (c) There shall be no waiting room or waiting area at the barbershop; (d) The barbershop shall not advertise; (e) There shall be no telephone listing for the barbershop; (f) A barbershop under this subsection shall contain a minimum of 75 square feet of floor space. Rulemaking Authority 476.064(4), 476.184 FS. Law Implemented 476.184 FS. History–New 4-27-86, Amended 9-24-86, 12-28-86, 5-10-88, 7-15-91, Formerly 21C-19.011, Amended 1-12-94, 10-4-94, 5-21-95, 2-14-96, 5-1-96, 3-21-00, 11-6-00, 8-17-06, 2-26-15, 6-3-20. 61G3-19.012 Posting of Sanitation, Health, and Safety Rules Required. The owner or manager of every barbershop shall keep a copy of the rules of sanitation, health, and safety adopted by the Board posted within view of the front entrance or in the waiting area in each barbershop for the information and guidance of the persons employed therein and the public generally. Rulemaking Authority 476.064(4), 476.184(2) FS. Law Implemented 476.184(2) FS. History–New 4-27-86, Amended 3-15-93, Formerly 21C-19.012. 61G3-19.013 Change of Ownership of Barbershops. Prior to opening a shop which has new ownership the owner must: (1) File a new application on forms prescribed by the Department of Business and Professional Regulation in subsection 61-35.006(5), F.A.C.; (2) Pay the appropriate fee; (3) Surrender the old license with applications; (4) Be issued a new barbershop license as outlined in Rule 61G3-19.011, F.A.C. Rulemaking Authority 476.064(4), 476.192 FS. Law Implemented 476.184(7), 476.192 FS. History–New 4-27-86, Formerly 21C-19.013, Amended 1-24-18, Technical Change 12-3-25. 61G3-19.0135 Relocation of a Barbershop. Rulemaking Authority 476.064(4), 476.184(2) FS. Law Implemented 476.184(2),(7) FS. History–New 7-14-91, Formerly 216-19.0135, Amended 1-8-98, Repealed 5-3-12. 61G3-19.014 Biennial Renewal of Barbershop License. All barbershop licenses shall be renewed during the period September 1 through November 30 of each even-numbered year upon application to the Department of Business and Professional Regulation on the prescribed form and upon payment of the fee specified in Rule 61G3-20.010, F.A.C. Rulemaking Authority 476.064(4), 476.184(8) FS. Law Implemented 476.184(8) FS. History–New 4-27-86, Amended 3-15-93, Formerly 21C-19.014, Amended 11-6-97. 61G3-19.015 Inspections. (1) Inspections conducted by the Department of Business and Professional Regulation of barbershops to determine whether such barbershops are in compliance with the applicable provisions of Chapter 476, F.S., and the rules promulgated thereunder shall be conducted biennially, effective July 1, 2010, on a random unannounced basis, unless otherwise practicable. A copy of the inspection report shall be posted within view of the front entrance or in the waiting area of the barbershop for public viewing. (2) A barbershop inspection which reveals that the shop has been closed for a period of 30 days or longer shall require a reinspection of the barbershop prior to reopening for business. The owner of any barbershop who is planning to temporarily close for business for a period of 90 days or longer is required to notify the Department, in writing, of such closing. The notification shall also include the date on which the barbershop is expected to reopen. No barbershop shall be permitted to reopen until it has been reinspected by the Department. Rulemaking Authority 476.064(4), 476.184(9) FS. Law Implemented 476.184 FS. History–New 4-27-86, Amended 12-21-89, 3-15-93, Formerly 21C-19.015, Amended 9-22-94, 11-6-00, 4-5-10. 61G3-19.016 Precautions Against Communicable Diseases. Every precaution should be taken to prevent the transmission of diseases and blood-borne pathogens in a barbershop. To that end: (1) No barber engaged in the practice of barbering in a barbershop shall proceed with any service to a person having pediculosis (lice) until such person furnishes a statement signed by a physician licensed to practice in the State of Florida stating that the pediculosis is not in an infectious, contagious or communicable stage. (2) A barber shall not proceed with any service to a person in a barbershop if the barber or the person receiving the services has any exposed sores or wounds until such sores or wounds are covered with an appropriate bandage that is sufficient to prevent the seepage of blood or other body fluids. The barber shall be careful to avoid any physical contact with blood or any other body fluids and to protect the person to whom he or she is providing service from such contact. (3) In the event that a barber or the person to whom he or she is providing service is cut or otherwise receives a break in the skin during a service, the service shall immediately cease and the barber shall immediately disinfect any implement or equipment that has or might have come into contact with any blood or other body fluids. The service shall not be resumed until the precautions in subsection (2) are complied with. Rulemaking Authority 476.064(4), 476.184(2) FS. Law Implemented 476.024, 476.184(2) FS. History–New 4-27-86, Amended 3-15-93, Formerly 21C-19.016, Amended 1-12-94.

Chapter 61G3-20 FEE SCHEDULE

Fla. Admin. Code R. 61G3-20 FEE SCHEDULE

CHAPTER 61G3-20 FEE SCHEDULE 61G3-20.001 Collection and Payment of Fees (Repealed) 61G3-20.002 Application Fee for Licensure Through Examination or Endorsement and Reexamination Fees 61G3-20.003 Barbershop Licensure Application Fee 61G3-20.0035 Original Barbershop Licensure Fee 61G3-20.006 Transfer of Barber Assistant Fee (Repealed) 61G3-20.007 Reexamination Fee (Repealed) 61G3-20.0075 Examination Review Fee (Repealed) 61G3-20.009 Barber License Biennial Renewal Fee 61G3-20.010 Biennial Barbershop Licensure Renewal Fee 61G3-20.0105 Barbershop Delinquent Renewal Fee 61G3-20.011 Barber Assistant Biennial Renewal Fee (Repealed) 61G3-20.012 Duplicate License or Registration Fee (Repealed) 61G3-20.014 Original Barber Licensing Fee 61G3-20.015 Renewal of Inactive License Fee 61G3-20.016 Reactivation of Inactive License Fee 61G3-20.017 Application Fee for Continuing Education Providers 61G3-20.018 Biennial Renewal Fee for Continuing Education Providers 61G3-20.019 Processing Fee 61G3-20.020 Delinquent License Fee 61G3-20.021 Inactive Status Fee 61G3-20.022 Special Assessment Fee (Repealed) 61G3-20.025 Unauthorized Practice Fee 61G3-20.001 Collection and Payment of Fees. Rulemaking Authority 455.2171, 476.064(4) FS. Law Implemented 455.213(2), 455.2171 FS. History–New 7-16-80, Formerly 21C-20.01, 21C-20.001, Amended 11-6-00, Repealed 5-3-12. 61G3-20.002 Application Fee for Licensure Through Examination or Endorsement and Reexamination Fees. (1) The application fee for licensure by means of endorsement or examination and reexamination for barbers shall be as follows: Method of Licensure: Application Fee:

(a) Endorsement The application fee for licensure by endorsement shall be one hundred and fifty dollars ($150.00). All fees shall be payable to the Department.

(b) Examination and Reexamination The application fee for both the examination and reexamination. One hundred, fifty dollars and zero cents ($150.00).

(2) The application fee for licensure by means of examination and reexamination for restricted barbers shall be as follows: Method of Licensure: Application Fee:

Examination and Reexamination The application fee for both the examination and reexamination for the written portion shall be one hundred fifty dollars and zero cents ($150.00).

(3) Applicants for licensure as a barber or restricted barber shall pay both the original licensure fee set forth in Rule 61G3-20.014, F.A.C., and the applicable part of the examination or reexamination application fee specified in subsections (1) and (2), above. (a) All fees payable to the Department shall be paid at the time the applicant submits his or her application for licensure by endorsement, examination or reexamination. (b) All parts of the examination or reexamination application fee payable to a qualified outside testing vendor shall be paid to that service upon notification that the applicant’s application for licensure by examination or reexamination has been approved. Rulemaking Authority 455.213(1), 476.064(4), 476.192 FS. Law Implemented 455.2171, 476.192 FS. History–New 7-16-80, Amended 6-30-83, 10-17-85, Formerly 21C-20.02, Amended 12-15-87, 5-11-88, Formerly 21C-20.002, Amended 9-21-94, 11-6-00, 2-19-04, 8-8-04, 1-1-06, 2-11-10, 12-16-13. 61G3-20.003 Barbershop Licensure Application Fee. The application fee for a barbershop license shall be seventy-five dollars ($75.00). Rulemaking Authority 476.064(4), 476.192 FS. Law Implemented 476.192 FS. History–New 7-16-80, Amended 10-17-85, Formerly 21C-20.03, Amended 12-15-87, 5-11-88, Formerly 21C-20.003. 61G3-20.0035 Original Barbershop Licensure Fee. The fee for the issuance of an original barbershop license shall be fifty dollars ($50.00) and shall be remitted simultaneously with and in addition to those fees referred to in Rule 61G3-20.003, F.A.C. Rulemaking Authority 476.064(4), 455.213(2), 476.192 FS. Law Implemented 455.213(2), 476.192 FS. History–New 10-17-85, Formerly 21C-20.035, 21C-20.0035. 61G3-20.006 Transfer of Barber Assistant Fee. Rulemaking Authority 476.064(4), 476.164(3) FS. Law Implemented 476.164(3) FS. History–New 7-16-80, Amended 3-25-84, Formerly 21C-20.06, 21C-20.006, Repealed 2-18-96. 61G3-20.007 Stipulations. Rulemaking Authority 476.064(4), 476.114(3) FS. Law Implemented 476.114(3), 476.192 FS. History–New 7-16-80, Amended 6-30-83, Formerly 21C-20.07, Amended 12-15-87, 5-11-88, Formerly 21C-20.007, Amended 9-21-94, Repealed 11-6-00. 61G3-20.0075 Examination Review Fee. Rulemaking Authority 455.217(2), 455.2171 FS. Law Implemented 455.217, 455.2171 FS. History–New 7-4-90, Formerly 21C-20.0075, Amended 11-6-00, 2-11-10, Repealed 5-3-12. 61G3-20.008 Installment Payment of Fines. Rulemaking Authority 476.064(4) FS. Law Implemented 476.204(2) FS. History–New 12-7-92, Amended 5-31-93, Formerly 21C-21.008, Repealed 5-3-12. 61G3-20.009 Barber License Biennial Renewal Fee. (1) The barber license biennial renewal fee shall be $70.00. (2) This rule applies to all barber licenses, whether active, restricted or unrestricted. Rulemaking Authority 476.064(4), 476.154, 476.192 FS. Law Implemented 476.144, 476.154, 476.192 FS. History–New 7-16-80, Amended 3-25-84, 10-17-85, Formerly 21C-20.09, Amended 2-26-86, 11-12-87, 12-15-87, 6-5-89, Formerly 21C-20.009, Amended 5-3-95, 10-30-95, 5-1-96, 5-10-01, 8-4-16. 61G3-20.010 Biennial Barbershop Licensure Renewal Fee. The biennial barbershop licensure renewal fee shall be $105.00. Rulemaking Authority 476.064(4), 476.192 FS. Law Implemented 476.192 FS. History–New 7-16-80, Amended 10-17-85, Formerly 21C-20.10, Amended 12-15-87, 5-11-88, Formerly 21C-20.010, Amended 12-14-03, 8-4-16. 61G3-20.0105 Barbershop Delinquent Renewal Fee. The delinquent renewal fee for barbershops shall be $25.00 and shall be paid simultaneously with and in addition to those fees referred to in Rule 61G3-20.010, F.A.C. Rulemaking Authority 455.271(7), 476.064(4), 476.184, 476.192 FS. Law Implemented 455.271(7), 476.184(8), 476.192(1)(c) FS. History–New 10-17-85, Formerly 21C-20.105, Amended 12-15-87, 5-11-88, Formerly 21C-20.0105, Amended 12-14-03, 2-24-16, 8-4-16, 10-12-17. 61G3-20.011 Barber Assistant Biennial Renewal Fee. Rulemaking Authority 476.064(4), 476.084(1) FS. Law Implemented 476.084(1), 476.164 FS. History–New 7-16-80, Formerly 21C-20.11, 21C-20.011, Repealed 2-4-16. 61G3-20.012 Duplicate License or Registration Fee. Rulemaking Authority 476.192(1)(d) FS. Law Implemented 476.192(1)(d) FS. History–New 7-16-80, Formerly 21C-20.12, Amended 12-23-90, Formerly 21C-20.012, Amended 6-21-00, Repealed 4-26-21. 61G3-20.014 Original Barber Licensing Fee. (1) The fee for the issuance of an original Barber license shall be one hundred dollars ($100.00) and shall be remitted simultaneously with and in addition to those fees referred to in Rule 61G3-20.002, F.A.C. (2) This rule applies to all barber licenses, restricted and unrestricted. (3) Each applicant applying for initial licensure within the second year of a biennium shall remit a licensure fee of fifty dollars ($50.00), except that during the renewal period, the applicant shall pay the amount of the biennial renewal fee, under Rule 61G3-20.009, F.A.C., and the license issued shall be good for the next biennium. Rulemaking Authority 455.213(2), 476.064(4), 476.192 FS. Law Implemented 455.213(2), 476.192 FS. History–New 6-30-83, Amended 3-25-84, 10-17-85, Formerly 21C-20.14, Amended 11-12-87, 12-15-87, 5-11-88, Formerly 21C-20.014, Amended 10-30-95, 2-18-96, 5-1-96. 61G3-20.015 Renewal of Inactive License Fee. The fee for renewal of an inactive barber or restricted barber license shall be $35.00. Rulemaking Authority 476.064(4), 476.144(6), 476.155 FS. Law Implemented 476.144(6), 476.155(2) FS. History–New 3-25-84, Formerly 21C-20.15, 21C-20.015, Amended 5-1-96, 8-12-99, 8-4-16, Technical Change 12-3-25. 61G3-20.016 Reactivation of Inactive License Fee. The fee for reactivation of an inactive barber or restricted barber license shall be one-hundred dollars ($100.00). Rulemaking Authority 476.064, 476.144(6), 476.155 FS. Law Implemented 476.144(6), 476.155(2) FS. History–New 3-25-84, Formerly 21C-20.16, Amended 5-11-88, 7-6-93, Formerly 21C-20.016, Amended 8-12-99, Technical Change 12-3-25. 61G3-20.017 Application Fee for Continuing Education Providers. The application fee for providers of continuing education courses shall be two hundred fifty dollars ($250.00). Rulemaking Authority 455.2179(3), 476.064(4) FS. Law Implemented 455.2179(3) FS. History–New 9-21-94, Amended 11-6-97, 4-17-01. 61G3-20.018 Biennial Renewal Fee for Continuing Education Providers. The biennial renewal fee for continuing education providers shall be two hundred fifty dollars ($250.00). Rulemaking Authority 455.2179(3), 476.064(4) FS. Law Implemented 455.2179(3) FS. History–New 9-21-94. 61G3-20.019 Processing Fee. As provided in Section 455.271(8), F.S., the fee for processing a licensee’s request to change licensure status at any time other than at the beginning of a licensure cycle shall be ten dollars ($10.00). Rulemaking Authority 455.271(8), 476.064(4) FS. Law Implemented 455.271(8) FS. History–New 5-3-95. 61G3-20.020 Delinquent License Fee. As provided in Section 455.271(7), F.S., the fee imposed for having a delinquent status barber license shall be $25.00. The fee shall be due when the licensee applies for an active or inactive status license. Rulemaking Authority 455.271(7), 476.064(4) FS. Law Implemented 455.271(7) FS. History–New 5-3-95, Amended 5-1-96, 8-4-16, 10-12-17. 61G3-20.021 Inactive Status Fee. The fee for an inactive status license shall be fifty dollars ($50.00). Rulemaking Authority 455.271(3), 476.064(4) FS. Law Implemented 455.271(3) FS. History–New 5-1-96. 61G3-20.022 Special Assessment Fee. Rulemaking Authority 455.219(2), 476.064(4) FS. Law Implemented 455.219(2) FS. History–New 9-18-01, Repealed 11-17-15. 61G3-20.025 Unauthorized Practice Fee. As provided in Section 455.2281, F.S., the fee for enforcement of the laws prohibiting the unauthorized practice of barbering shall be $5.00 per biennium for initial licensure and renewal. Rulemaking Authority 455.2281, 476.064(4) FS. Law Implemented 455.2281 FS. History–New 7-1-93, Formerly 21C-20.025.

Chapter 61G3-21 DISCIPLINARY GUIDELINES

Fla. Admin. Code R. 61G3-21 DISCIPLINARY GUIDELINES

CHAPTER 61G3-21 DISCIPLINARY GUIDELINES 61G3-21.001 Normal Penalty Ranges 61G3-21.002 Aggravating and Mitigating Circumstances 61G3-21.003 Repeat Violations (Repealed) 61G3-21.004 Penalties Cumulative and Consecutive (Repealed) 61G3-21.005 Mitigation; Notice of Mitigation and Aggravation (Repealed) 61G3-21.006 Probation (Repealed) 61G3-21.007 Stipulations (Repealed) 61G3-21.008 Installment Payment of Fines (Repealed) 61G3-21.009 Citations 61G3-21.010 Revocation 61G3-21.011 Mediation 61G3-21.012 Notice of Non-Compliance 61G3-21.013 Gross Malpractice or Incompetency Defined 61G3-21.014 Suspension (Repealed) 61G3-21.001 Normal Penalty Ranges. The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to the other provisions of this chapter. The disciplinary guidelines are based on a single count violation of each provision listed. All penalties at the upper range of the sanctions set forth in the guidelines, such as suspension and revocation, include lesser penalties such as fine, probation or reprimand. Penalties increase with the severity of the violation and number of repeat violations. For the purposes of this rule, the descriptions of the violations in the table below are abbreviated and the statute or rule cited should be consulted for a complete description of the prohibited conduct. VIOLATION PENALTY RANGES

FIRST VIOLATION SECOND AND SUBSEQUENT VIOLATIONS

(1) Section 476.194(1)(a), F.S.: Practice barbering without an active license. (Section 476.204(1)(a), F.S.) Fine not to exceed $250 Fine not to exceed $500 up to revocation

(2) Section 476.194(1)(c), F.S.: Obtain or attempt to obtain a license for money other than the required fee or any other thing of value or by fraudulent misrepresentations. Fine not to exceed $250 and revocation if a license is obtained in this manner Fine not to exceed $500 and revocation if a license is obtained in this manner

(3) Section 476.194(1)(d)1., F.S.: Own, operate, maintain, open, establish, conduct, or have charge of either alone or with another person or persons, a barbershop which is not licensed under the provisions of this chapter. (Sections 476.184 and 476.204(1)(b), F.S., and Rule 61G3-19.013, F.A.C.) Fine not to exceed $250 Fine not to exceed $500 up to revocation

(4) Section 476.194(1)(d)2., F.S.: Own, operate, maintain, open, establish, conduct, or have charge of either alone or with another person or persons, a barbershop in which a person not licensed as a barber is permitted to perform services. Fine not to exceed $250 Fine not to exceed $500 up to revocation

(5) Section 476.194(1)(e), F.S.: Use or attempt to use a license to practice barbering when said license is suspended or revoked. (Section 476.204(1)(g), F.S., applicable to revoked license) Fine not to exceed $250 Fine not to exceed $500 up to revocation

(6) Section 476.204(1)(c), F.S.: Permitting an employed person to practice barbering unless duly licensed, or otherwise authorized, as provided in Chapter 476, F.S. (Section 476.194(1)(b), F.S.) Fine not to exceed $250 Fine not to exceed $500 up to revocation

(7) Section 476.204(1)(d), F.S.: Presenting as one’s own the license of another. Fine to both the unlicensed presentor and the licensed individual who permitted his license to be used in such manner. Fine not to exceed $250 Fine not to exceed $500 up to revocation

(8) Section 476.204(1)(e), F.S.: Giving false or forged evidence to the Department in order to obtain a license. Denial of licensure or, alternatively, if license issued as a result of false information said license to be revoked Denial of licensure or, alternatively, if license issued as a result of false information said license to be revoked and fine not to exceed $500

(9) Section 476.204(1)(f), F.S.: Impersonating any other license holder. Fine to both the impersonator and the individual who permitted the impersonation of himself. Fine not to exceed $250 Fine not to exceed $500 up to revocation

(10) Section 476.204(1)(i), F.S.: Violate or refuse to comply with: any provision of Chapter 476 or 455, F.S., other than those listed in this rule; or, a rule of the Board, other than the rules listed in this rule; or, a final order of the Board. Fine not to exceed $250 Fine not to exceed $500

(11) Section 476.214(1)(a), F.S.: Gross malpractice or gross incompetency in the practice of barbering. Fine not to exceed $250 and up to suspension Fine not exceed $500 up to revocation

(12) Section 476.214(1)(b), F.S.: Engaging in the practice of barbering while knowingly having an infectious or contagious disease. Suspension of license until licensee can prove that he or she is no longer infectious or contagious Fine not to exceed $500 up to revocation

(13) Section 455.227(1)(a), F.S.: Making misleading, deceptive, or fraudulent representations in or related to the practice of barbering. Fine not to exceed $250 Fine not to exceed $500 up to revocation

(14) Section 455.227(1)(c), F.S.: Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession. Fine not to exceed $250 up to revocation Fine not to exceed $500 up to revocation

(15) Section 455.227(1)(e), F.S.: Failing to comply with the educational course requirements in Section 455.2228, F.S., for human immunodeficiency virus and acquired immune deficiency syndrome. Revocation if license issued Revocation if license issued

(16) Section 455.227(1)(f), F.S.: Having a license or the authority to practice the regulated profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. Denial of licensure when a license has not been issued up to revocation when a license has been issued Denial of licensure when a license has not been issued up to revocation when a license has been issued

(17) Section 455.227(1)(g), F.S.: Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. Fine not to exceed $250 up to suspension Fine not to exceed $500 up to revocation

(18) Section 455.227(1)(h), F.S.: Attempting to obtain, obtaining or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the Department or Board. Denial of licensure or, alternatively, if license issued as a result of false information said license to be revoked Denial of licensure or, alternatively, if license issued as a result of false information said license to be revoked and fine not to exceed $500.00

(19) Section 455.227(1)(i), F.S.: Failing to report to the department any person who the licensee knows is in violation of Chapter 476, F.S., or the rules of the Board. Fine not to exceed $250 Fine not to exceed $500

(20) Section 455.227(1)(j), F.S.: Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice barbering contrary to Chapter 476, F.S., or the rules of the Board. Fine not to exceed $250 Fine not to exceed $500 up to revocation

(21) Section 455.227(1)(k), F.S.: Failing to perform any statutory or legal obligation placed upon a licensee. Fine not to exceed $250 Fine not to exceed $500 up to revocation

(22) Section 455.227(1)(m), F.S.: employing a trick or scheme in or related to the practice of a profession. Fine not to exceed $250 Fine not to exceed $500 up to revocation

(23) Section 455.227(1)(n), F.S.: Exercising influence on the client for the purpose of financial gain of the licensee or a third party. Fine not to exceed $250 Fine not to exceed $500 up to revocation

(24) Section 455.227(1)(o), F.S.: Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform. Fine not to exceed $250 up to suspension Fine not to exceed $500 up to revocation

(25) Subsection 61G3-19.009(1), F.A.C.: Display of barber’s license. Fine not to exceed $50 Fine not to exceed $150 up to probation

(26) Subsection 61G3-19.009(2), F.A.C., Display of barbershop’s license. Fine not to exceed $50 Fine not to exceed $150 up to probation

(27) Subsection 61G3-19.010(1), F.A.C.: Arrangements for performing barber services outside a licensed shop. Fine not to exceed $250 Fine not to exceed $500 up to suspension

(28) Subsection 61G3-19.010(2), F.A.C.: Performing barber services outside a licensed shop. Fine not to exceed $250 Fine not to exceed $500 up to suspension

(29) Barbershop Requirements, Sanitation Violations – paragraphs 61G3-19.011(2)(d)-(f), (3), (4), (7)-(11)(a)-(d), and (12)-(15), F.A.C.

(a) One or two rule violations Fine not to exceed $100 Repeated violation of any one or two sanitary rules – Fine not to exceed $200 up to suspension

(b) Three or more rule violations Fine not to exceed $200 Repeated violation of any 3 or more of the sanitation rules – Fine not to exceed $400 up to suspension

(30) Barbershop Requirements, Safety, Code, and Structural Violations – paragraphs 61G3-19.011(2)(a)-(c), (6), and (15)-(22)(a)-(f), F.A.C.

(a) One or two rule violations Fine not to exceed $100 Repeated violation of any one or two safety, code, and structural violations – Fine not to exceed $200 up to suspension

(b) Three or more rule violations Fine not to exceed $200 Repeated violation of any three or more safety, code, and structural violations – Fine not to exceed $400 up to suspension

(31) Rule 61G3-19.012, F.A.C., Posting of Barbershop Requirements. Fine not to exceed $50 Fine not to exceed $150 up to probation

Rulemaking Authority 455.2273(1), 476.064(4) FS. Law Implemented 455.227(1), (2), 455.2273(1), 476.204 FS. History–New 11-25-86, Amended 7-4-90, 12-23-90, Formerly 21C-21.001, Amended 10-30-95, 3-29-04, 11-26-09, 1-6-19. 61G3-21.002 Aggravating and Mitigating Circumstances. Circumstances which may be considered for the purposes of mitigation or aggravation of penalty shall include: (1) Where licensee has relied upon the advice of a professional advisor, for example, an attorney or accountant; (2) Where the address of the shop or the owner has been changed by the post office through no fault of the shop owner; (3) Where the shop owner has relied upon the advice of a prior owner; (4) Infirmity or illness; (5) The danger to the public; (6) The number of complaints filed against the licensee; (7) The length of time the licensee has practiced; (8) The actual damage, physical or otherwise, to the licensee’s customer; (9) The deterrent effect of the penalty in Rule 61G3-21.001, F.A.C. versus the deterent effect of an enhanced or reduced penalty; (10) The effect of the penalty upon the licensee’s livelihood; (11) Any efforts at rehabilitation; (12) Whether there was demonstrable intent of deceit; (13) Blatant disrespect for the law; (14) Whether the licensee has had previous discipline imposed and the violations that resulted in the previous discipline; and (15) Whether the license is on probation. Rulemaking Authority 455.2273(3), 476.064(4) FS. Law Implemented 455.2273(3) FS. History–New 11-25-86, Formerly 21C-21.002, Amended 2-11-02, 2-4-19. 61G3-21.003 Repeat Violations. Rulemaking Authority 476.064(4), 476.194(1)(b) FS., Ch. 86-90, §2, Laws of Florida. Law Implemented 476.204(1)(h) FS., Ch. 86-90, §2, Laws of Florida. History–New 11-25-86, Formerly 21C-21.003, Repealed 2-4-19. 61G3-21.004 Penalties Cumulative and Consecutive. Rulemaking Authority 476.064(4) FS., Ch. 86-90, §2, Laws of Florida. Law Implemented Ch. 86-90, §2, Laws of Florida. History–New 11-25-86, Formerly 21C-21.004, Repealed 2-4-19. 61G3-21.005 Mitigation; Notice of Mitigation and Aggravation. Rulemaking Authority 476.064(4) FS., Ch. 86-90, §2, Laws of Florida. Law Implemented Ch. 86-90, §2, Laws of Florida. History–New 11-25-86, Formerly 21C-21.005, Repealed 5-3-12. 61G3-21.006 Probation. Rulemaking Authority 476.064(4) FS., Ch. 86-90, §2, Laws of Florida. Law Implemented Ch. 86-90, §2, Laws of Florida. History–New 11-25-86, Formerly 21C-21.006, Repealed 2-4-19. 61G3-21.007 Stipulations. Rulemaking Authority 476.064(4) FS., Ch. 86-90, §2, Laws of Florida. Law Implemented Ch. 86-90, §2, Laws of Florida. History–New 11-25-86, Formerly 21C-21.007, Repealed 5-3-12. 61G3-21.008 Installment Payment of Fines. Rulemaking Authority 476.064(4) FS. Law Implemented 476.204(2) FS. History–New 12-7-92, Amended 5-31-93, Formerly 21C-21.008, Repealed 5-3-12. 61G3-21.009 Citations. (1) A citation and fine shall be issued for a violation of any of the provisions in this paragraph, except when a notice of non-compliance can be issued first, pursuant to Rule 61G3-21.012, F.A.C. (a) Practicing barbering with a license that has been delinquent or inactive for no more than 3 months in violation of Sections 476.194(1)(a), 476.204(1)(a), and 455.271(1), F.S.: fine of $200.00; (b) Failure to post inspection report in violation of subsection 61G3-19.015(1), F.A.C.: fine of $50.00; (c) Failure to properly display barber’s license in violation of subsection 61G3-19.009(1), F.A.C.: fine of $50.00; (d) Failure to properly display barbershop’s license in violation of subsection 61G3-19.009(2), F.A.C.: fine of $50.00; (e) Failure to post the barbershop requirements listed in Rule 61G3-19.011, F.A.C., in violation of Rule 61G3-19.012, F.A.C.: fine of $50.00; (f) Failure to transfer ownership of barbershop license for not more than 3 months, in violation of Rule 61G3-19.013, F.A.C.: fine of $200.00; (g) Failure to maintain a portable fire extinguisher, in violation of paragraph 61G3-19.011(2)(c), F.A.C., provided the inspection is not more than 60 days overdue: fine of $100.00; and (h) Failure to immediately deposit towels in the proper receptacle, in violation of subsection 61G3-19.011(13), F.A.C.: fine of $50.00. (2) A citation and fine shall be issued for a first violation of any of the statutes and rules listed in this paragraph. (a) Holding oneself out as a barber while not licensed, in violation of Section 476.194(1)(a), F.S., shall result in a fine of $250; (b) Permitting an unlicensed employee to practice barbering for a period of less than six months, in violation of Section 476.194(1)(d)2., F.S., shall result in a fine of $250; for a period of six months to 1 year, a fine of $400 shall be imposed; (c) Operating a barbershop with a license that has been expired for up to one year, in violation of Section 476.194(1)(d)1., F.S., shall result in a fine of $50 per month to a maximum fine of $500 per count or separate offense; (d) Relocating a barbershop in violation of Sections 476.184(7) and 476.194(1)(d)1., F.S.: fine of $200.00; (e) Performing barber services outside a licensed shop in violation of Rule 61G3-19.010, F.A.C.: fine of $200.00; and (f) A citation shall be issued for violation of any of the following safety, code, and structural provisions: paragraphs 61G3-19.011(2)(a)-(b), (6), and (15)-(22)(a)-(f), F.A.C.: The fine for violation of any one of these provisions shall be $50.00. (3) A citation shall not be issued if more than three of the violations listed in subsections (1) and (2), occur during the same inspection. (4) At least three years must pass between the issuance of citations for violations of the same provision. Rulemaking Authority 455.224(1), (2), 476.064(4) FS. Law Implemented 455.224 FS. History–New 1-19-92, Amended 3-22-92, 2-18-93, Formerly 21C-21.009, Amended 6-16-94, 9-22-94, 8-21-95, 2-14-96, 11-6-97, 5-13-01, 9-20-05, 12-2-09, 2-26-15, 2-4-19, 7-30-20. 61G3-21.010 Revocation. Unless otherwise provided in the order of revocation, when the Board revokes any license, the revocation shall be permanent. However, the person may reapply for licensure after three (3) years. Any mitigating and aggravating circumstances that exist at the time of revocation shall be evaluated to determine whether to alter the three (3) year waiting period. If the former licensee reapplies, he or she shall satisfy the requirements for initial licensure in place at the time of reapplication, and shall make a personal appearance before the Board. Rulemaking Authority 455.227(5), 476.064(4) FS. Law Implemented 455.227(5), 455.2273 FS. History–New 2-18-93, Formerly 21C-21.010, 2-4-19. 61G3-21.011 Mediation. (1) “Mediation” means a process whereby a mediator appointed by the department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and nonadversarial process with the objective of assisting the parties to reach a mutually acceptable agreement. (2) The board finds that mediation is an acceptable method of dispute resolution for the following violations as they are economic in nature or can be remedied by the licensee: Failure of the licensee to timely pay any assessed administrative fines or costs. Rulemaking Authority 476.064(4) FS. Law Implemented 455.2235 FS. History–New 12-22-94, Amended 5-16-95, 5-13-01. 61G3-21.012 Notice of Non-Compliance. (1) The department shall provide a licensee with a notice of non-compliance for an initial offense of the rules and statutes listed below. (a) Sections 476.194(1)(a) and 455.271(1), F.S.: Engaging in the practice of barbering with a license that has been delinquent or inactive for 30 days or less; (b) Subsection 61G3-19.015(1), F.A.C. – failure to post inspection report; (c) Subsection 61G3-19.009(1), F.A.C. – failure to properly display barber’s license; (d) Subsection 61G3-19.009(2), F.A.C. – failure to properly display barbershop’s license; (e) Rule 61G3-19.012, F.A.C. – failure to post the barbershop requirements listed in Rule 61G3-19.011, F.A.C.; (f) Rule 61G3-19.013, F.A.C. – failure to transfer ownership of barbershop license for no more than 30 days; (g) Paragraph 61G3-19.011(2)(c), F.A.C. – failure to maintain a portable fire extinguisher, provided the expiration date does not exceed 30 days; and (h) Subsection 61G3-19.011(13), F.A.C. – failure to immediately deposit towels in the proper receptacle. (2) Failure to correct the above violations within 15 days of receipt of the notice of non-compliance shall result in the institution of regular disciplinary proceedings. Rulemaking Authority 455.225(3)(a), 476.064(4) FS. Law Implemented 455.225(3) FS. History–New 12-22-94, Amended 2-14-96, 5-1-96, 11-6-97, 11-25-09, 2-7-17, 12-27-17, 2-4-19. 61G3-21.013 Gross Malpractice or Incompetency Defined. It shall be gross malpractice or incompetency in the practice of barbering for any barber to provide any barber services to the public while under the influence of any intoxicating drugs or alcohol as set out in Section 316.1934, F.S. Rulemaking Authority 476.064(4) FS. Law Implemented 476.214(1)(a) FS. History–New 6-28-95, Amended 10-30-95. 61G3-21.014 Suspension. Rulemaking Authority 455.2273, 476.024 FS. Law Implemented 455.2273(3), 476.214 FS. History–New 4-20-04, Repealed 4-26-21.

Chapter 61G3-25 INACTIVE/NULL AND VOID LICENSES

Fla. Admin. Code R. 61G3-25 INACTIVE/NULL AND VOID LICENSES

CHAPTER 61G3-25 INACTIVE/NULL AND VOID LICENSES 61G3-25.004 Inactive Status; Reactivation 61G3-25.005 Delinquent Status 61G3-25.006 Notice to the Department of Mailing and E-Mailing Address and Place of Practice of Licensee 61G3-25.007 Null and Void Status 61G3-25.004 Inactive Status; Reactivation. (1) Any licensee may elect at the time of license renewal to place the license into inactive status by filing with the Department a completed application for inactive status and by paying the inactive status fee. (2) An inactive status licensee may change to active status at any time provided the licensee pays the reactivation fee, completes the required HIV/AIDS education course, and if the request to change licensure status is made at any time other than at the beginning of a licensure cycle, pays the additional processing fee. (3) A barber may not work with an inactive or delinquent license. Rulemaking Authority 476.064(4), 476.155(2), 455.271 FS. Law Implemented 455.271 FS. History–New 5-17-95, Amended 12-15-13, 7-9-19. 61G3-25.005 Delinquent Status. (1) The delinquent status licensee must affirmatively apply for active or inactive status during the licensure cycle in which the licensee becomes delinquent. The failure by the delinquent status licensee to cause the license to become active or inactive before the expiration of the licensure cycle in which the license became delinquent shall render the license null and void without further action by either the Board or Department. (2) The delinquent status licensee who applies for active or inactive status shall: (a) File with the Department a completed application for either active or inactive status; (b) Complete the required HIV/AIDS education course if applying for active status; and (c) Pay to the Board either the active status or inactive status fee, the delinquency fee, and, if the request to change licensure status is made at any time other than at the beginning of a licensure cycle, pays the additional processing fee. Rulemaking Authority 476.064(4), 455.271 FS. Law Implemented 455.271 FS. History–New 5-17-95, Amended 12-15-13, 7-9-19. 61G3-25.006 Notice to the Department of Mailing and E-Mailing Address and Place of Practice of Licensee. (1) It shall be the duty of each licensee to provide written notification to the Department of the licensee’s current mailing and e-mailing addresses and place of practice. For purposes of this rule, “place of practice” means the address of the physical location where the licensee practices barbering. “Current mailing address” shall mean the address at which the United States Postal Service delivers mail to the licensee. (2) Any time that the current mailing or e-mailing address or place of practice of any licensee changes, written notification of the change shall be provided to the Department within ninety (90) days of the change. Written notice should be sent to the following address: Florida Barbers’ Board, Department of Business and Professional Regulation, Northwood Centre, 2601 Blair Stone Road, Tallahassee, Florida 32399-0790. (3) It shall be a violation of this rule for a licensee to fail to notify the Department within ninety (90) days of a change of mailing or e-mailing address or place of practice. Rulemaking Authority 476.064(4), 455.275 FS. Law Implemented 455.275 FS. History–New 7-11-95, Amended 12-15-13. 61G3-25.007 Null and Void Status. The Null and Void status licensee who applies for active or inactive status shall apply to the Department for same by submitting form DBPR BAR 6 Application for License from Null and Void (Expired License) which is incorporated by reference at Rule 61-35.006, F.A.C. Rulemaking Authority 476.064(4), 455.271(6)(a) FS. Law Implemented 455.271(6)(a) FS. History–New 1-28-20.

Division 61H1 Board of Accountancy

Chapter 61H1-19 PURPOSE, ORGANIZATION, RULEMAKING PROCEEDINGS, ETC.

Fla. Admin. Code R. 61H1-19 PURPOSE, ORGANIZATION, RULEMAKING PROCEEDINGS, ETC.

CHAPTER 61H1-19 PURPOSE, ORGANIZATION, RULEMAKING PROCEEDINGS, ETC. 61H1-19.006 Attendance at Board Meetings, Unexcused Absences 61H1-19.007 Probable Cause Panel 61H1-19.008 Committees (Repealed) 61H1-19.009 Other Board Business for Which Compensation Is Allowed (Repealed) 61H1-19.010 Criteria for Investigators and Consultants 61H1-19.006 Attendance at Board Meetings, Unexcused Absences. (1) Board members shall attend all regularly scheduled Board meetings unless prevented from doing so by reason of the illness of the Board member or a member of the Board member’s family, death of a member of the Board member’s immediate family, or natural disaster. (2) No Board member may be absent from three consecutive regularly scheduled Board meetings unless the absence is excused for one of the reasons stated in subsection (1) of this rule. An absence for any reason other than the reasons stated in subsection (1), constitutes an unexcused absence for the purpose of declaring a vacancy of the Board. An otherwise excused absence is not excused if the Board member fails to notify the Board office of the impending absence prior to the regularly scheduled Board meeting at which the absence will occur or unless the failure to notify the Board office is the result of circumstances surrounding the reason for the absence which the Board itself excuses after the absence has occurred. (3) “Family” consists of immediate family, nieces, nephews, cousins, and in-laws. (4) “Immediate family” consists of spouse, child, parents, parents-in-law, siblings, grandchildren, and grandparents. Rulemaking Authority 455.207(3), 473.304 FS. Law Implemented 455.207(3) FS. History–New 9-30-97. 61H1-19.007 Probable Cause Panel. (1) The determination whether probable cause exists to believe that a violation of any of the provisions of Chapters 455 and 473, F.S., or the rules promulgated pursuant thereto has occurred, shall be made by a majority vote of a probable cause panel of the Board. (2) The probable cause panel shall be composed of at least three (3) members. Any panel so appointed must contain at least one present Board member and at least one present or former Board member who is a Certified Public Accountant. Any former Board member appointed to a panel must hold an active, valid license to practice. In addition, a former or present consumer member must serve on the panel if a consumer member is available, willing to serve, and appointed by the Chairman. (3) The probable cause panel shall be selected by the Chairman, one of whom shall be designated by the Chairman as presiding officer of the panel. (4) The probable cause panel shall meet at such times as called by the presiding officer of the panel. (5) The Chairman, at his discretion, shall, as needed, appoint multiple probable cause panels which panels shall be constituted as set forth in subsection (2) above. Rulemaking Authority 455.225, 473.304 FS. Law Implemented 455.225 FS. History–New 12-4-79, Formerly 21A-19.07, Amended 12-2-92, Formerly 21A-19.007, Amended 7-14-02. 61H1-19.008 Committees. Rulemaking Authority 120.53, 473.304 FS. Law Implemented 120.53, 20.30(5) FS. History–New 2-3-81, Formerly 21A-19.08, Amended 12-2-92, Formerly 21A-19.008, Repealed 4-14-20. 61H1-19.009 Other Board Business for Which Compensation Is Allowed. Rulemaking Authority 455.207 Law Implemented 455.207 History–New 11-2-81, Formerly 21A-19.09, 21A-19.009, Amended 1-11-95, Repealed 3-7-10. 61H1-19.010 Criteria for Investigators and Consultants. Except for investigation of non-technical matters, all investigators and consultants hired by the Department who undertake the investigation of certified public accountants shall be active Florida certified public accountants with a minimum of five (5) years of active licensure in the area of public accountancy. Non-technical matters are defined as those not encompassing the technical proficiency of a certified public accountant in the practice of public accountancy. Rulemaking Authority 455.203(6) FS. Law Implemented 455.203(8) FS. History–New 11-2-81, Formerly 21A-19.10, 21A-19.010, Amended 10-26-09.

Chapter 61H1-20 DEFINITIONS

Fla. Admin. Code R. 61H1-20 DEFINITIONS

CHAPTER 61H1-20 DEFINITIONS 61H1-20.001 Definitions 61H1-20.002 Attest as an Expert in Accountancy to the Reliability or Fairness of Presentation or “Expression of Opinion” 61H1-20.003 Client (Repealed) 61H1-20.004 Enterprise 61H1-20.005 Financial Statements 61H1-20.0051 Assembled Financial Statements (Repealed) 61H1-20.0052 Offer to Perform or Perform Services Involving Assembled Financial Statements (Repealed) 61H1-20.0053 Standards for Assembled Financial Statements (Repealed) 61H1-20.006 Firm or Firms of Certified Public Accountants (Repealed) 61H1-20.007 Generally Accepted Accounting Principles (Repealed) 61H1-20.008 Generally Accepted Auditing Standards (Repealed) 61H1-20.009 Standards for Accounting and Review Services (Repealed) 61H1-20.0091 Government Accounting Standards (Repealed) 61H1-20.0092 Government Auditing Standards (Repealed) 61H1-20.0093 Rules of the Auditor General 61H1-20.0094 Standards for Prospective Financial Statements (Repealed) 61H1-20.0095 Standards for Consulting Services (Repealed) 61H1-20.0096 Services for Tax Practice (Repealed) 61H1-20.0097 Standards for Personal Financial Planning (Repealed) 61H1-20.0098 Standards for Business Valuations (Repealed) 61H1-20.0099 Standards for Attestation Engagements (Repealed) 61H1-20.010 Engagement 61H1-20.011 Practice of, or Practicing Public Accountancy (Repealed) 61H1-20.012 Holding Out (Repealed) 61H1-20.013 Employee 61H1-20.015 Partnership (Repealed) 61H1-20.016 Non-CPA Shareholders, Partners, and Members 61H1-20.001 Definitions. (1) “Certified public accountant,” or “CPA,” shall be deemed and construed to mean a person, who holds an active, inactive, delinquent, or temporary license issued under Chapter 473, F.S., or who is practicing public accounting in this state pursuant to the practice privilege granted in Section 473.3141, F.S. (2) “Florida certified public accountant” shall be deemed and construed to mean a person who holds an active, inactive, delinquent, or temporary license issued under Chapter 473, F.S. (3) “Non-Florida certified public accountant” shall be deemed and construed to mean a person who is practicing public accounting in this state pursuant to the practice privilege granted in Section 473.3141, F.S. (4) “Firm,” “CPA Firm” or “Firms of certified public accountants” shall be deemed and construed to mean a sole proprietor, partnership, professional corporation, limited liability company, or any other legal entity engaged in the practice of public accounting, including individual partners, stockholders or members thereof, that holds an active, delinquent, or temporary license issued under Section 473.3101, F.S., or its state of domicile. (5) “Florida firm” shall be deemed and construed to mean any sole proprietor, partnership, professional corporation, limited liability company, or any legal entity that holds an active, delinquent, or temporary license issued under Section 473.3101, F.S. (6) “Non-Florida firm” shall be deemed and construed to mean any legal entity that is practicing public accounting pursuant to a license issued in its state of domicile. (7) A “suspended certified public accountant” is prohibited from practicing public accounting as a sole proprietor, partner or shareholder and using the “CPA” designation. A suspended certified public accountant may be an employee under the supervision of a certified public accountant who holds an active license. (8) An “office” shall be deemed and construed to mean a place in which public accounting is conducted or any place for which the physical address is identified in advertising. For a certified public accountant employed by a Florida firm, “office” shall also mean the licensee’s designated address of record. (9) “Proof of CPE completion” from a continuing professional education CPE provider shall be defined as the document identifying the licensee has completed a course. To be accepted by the Board, the document must contain the following elements: name of course taken, licensee name, the date the course was completed, number of hours, credit type or category, sponsor name, and signature of the CPE sponsor, Proof of CPE completion for a Florida ethics course, in addition to the aforementioned elements, must include the DBPR course approval number. For courses completed at accredited institutions of higher learning and credited for CPE, a transcript will be considered proof of CPE completion. Proof of CPE completion for instructor credit will include an Instructor CPE Credit Reporting Form (DBPR CPA 13, effective April 2023), which is incorporated by reference in Rule 61-35.003, F.A.C. Rulemaking Authority 473.304 FS. Law Implemented 455.271, 473.012, 473.3101, 473.3141 FS. History–New 12-4-79, Formerly 21A-20.01, Amended 10-20-86, Formerly 21A-20.001, Amended 8-13-06, 11-3-09, 3-18-10, 11-21-13, 12-24-15, 8-6-23. 61H1-20.002 “Attest as an Expert in Accountancy to the Reliability or Fairness of Presentation” or “Expression of Opinion.” The terms “attest as an expert in accountancy to the reliability or fairness of presentation” and “expression of opinion” shall be deemed and construed to mean any report, transmittal letter or other written communication issued as a result of an examination or review of financial statements or financial information which contains either an expression of opinion or other assurance as to the fairness, accuracy or reliability of such financial statements within the meaning of generally accepted auditing standards or standards for accounting and review services. A report issued in connection with a review of financial statements is an “expression of opinion.” Statements, affidavits or signatures of preparers required on tax returns and reports issued in connection with a compilation of financial statements are not “expressions of opinion,” but compilations do provide a level of assurance. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315, 473.322 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-20.02, 21A-20.002, Amended 1-11-95. 61H1-20.003 Client. Rulemaking Authority 473.304 FS. Law Implemented 473.316 FS. History–New 12-4-79, Formerly 21A-20.03, 21A-20.003, Amended 9-21-10, Repealed 3-13-18. 61H1-20.004 Enterprise. “Enterprise” shall be deemed and construed to mean any person(s) or entity, whether organized for profit or not, for which a certified public accountant or firm provides public accounting services. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Formerly 21A-20.04, 21A-20.004, Amended 9-21-10. 61H1-20.005 Financial Statements. “Financial Statements” shall be deemed and construed to mean a presentation of financial data, including accompanying notes, derived from accounting records that purports to show actual or anticipated financial position and intended to communicate an entity’s economic resources or obligations at a point in time, and the results of operations and cash flows for a period of time, in accordance with generally accepted accounting principles or a comprehensive basis of accounting other than generally accepted accounting principles. Financial presentations included in tax returns are not financial statements. The method of preparation (for example, manual or computer preparation) is not relevant to the definition of a financial statement. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-20.05, Amended 3-22-89, 12-2-92, Formerly 21A-20.005. 61H1-20.0051 Assembled Financial Statements. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.302, 473.322 FS. History–New 10-28-98, Amended 9-21-10, Repealed 4-22-19. 61H1-20.0052 Offer to Perform or Perform Services Involving Assembled Financial Statements. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.302, 473.322 FS. History–New 10-28-98, Amended 9-21-10, Repealed 4-22-19. 61H1-20.0053 Standards for Assembled Financial Statements. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.302, 473.322 FS. History–New 10-28-98, Amended 9-20-00, 8-28-06, 9-21-10, 12-21-15, Repealed 4-22-19. 61H1-20.006 Firm or Firms of Certified Public Accountants. Rulemaking Authority 473.302(8), 473.304 FS. Law Implemented 473.3101 FS. History–New 12-4-79, Formerly 21A-20.06, 21A-20.006, Amended 11-4-93, Repealed 11-11-13. 61H1-20.007 Generally Accepted Accounting Principles. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Amended 2-3-81, 3-16-81, 1-25-82, 7-6-82, 12-9-82, 7-27-83, 3-22-84, 7-2-85, Formerly 21A-20.07, Amended 9-23-86, 5-22-88, 4-8-90, 4-21-91, Formerly 21A-20.007, Amended 10-19-94, 9-30-97, 9-29-02, Repealed 11-11-15. 61H1-20.008 Generally Accepted Auditing Standards. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Amended 3-16-81, 7-6-82, 12-9-82, 7-27-83, 3-22-84, 7-2-85, Formerly 21A-20.08, Amended 9-23-86, 5-22-88, 4-8-90, 4-21-91, Formerly 21A-20.008, Amended 10-19-94, 9-30-97, 9-29-02, Repealed 11-11-15. 61H1-20.009 Standards for Accounting and Review Services. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Amended 3-16-81, 1-25-82, 7-6-82, 12-9-82, 7-27-83, 3-22-84, 7-2-85, Formerly 21A-20.09, Amended 9-23-86, 5-22-88, 4-8-90, 4-21-91, Formerly 21A-20.009, Amended 10-19-94, 9-30-97, 9-29-02, Repealed 12-21-15. 61H1-20.0091 Governmental Accounting Standards. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.304, 473.315 FS. History–New 10-28-86, Amended 5-22-88, 4-8-90, 4-21-91, Formerly 21A-20.0091, Amended 10-19-94, 9-30-97, Repealed 9-29-02. 61H1-20.0092 Government Auditing Standards. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 10-28-86, Amended 5-22-88, 4-8-90, 4-21-91, Formerly 21A-20.0092, Amended 10-19-94, 9-30-97, 9-29-02, 9-21-10, 11-3-13, Repealed 11-11-15. 61H1-20.0093 Rules of the Auditor General. (1) “Rules of the Auditor General” shall be deemed and construed to mean the following Rules of the Auditor General of the State of Florida in effect as follows: Chapter Title

10.550 Local Governmental Entity Audits, effective 09-30-25

10.650 Florida Single Audit Act Audits Non-profit and For-profit Organizations, effective 6-30-25

10.700 Audits of Certain Nonprofit Organizations, effective 6-30-25

10.800 Audits of District School Boards, effective 6-30-25

10.850 Audits of Charter Schools and Charter Technical Career Centers, The Florida Virtual School, and Virtual Instruction Program Providers, effective 6-30-25

These rules hereby incorporated by reference and are available from http://flrules.org/Gateway/reference.asp?No=Ref-18910, http://flrules.org/Gateway/reference.asp?No=Ref-18911, http://flrules.org/Gateway/reference.asp?No=Ref-18912, http://flrules.org/Gateway/reference.asp?No=Ref-18913, http://flrules.org/Gateway/reference.asp?No=Ref-18914, or the State of Florida, Auditor General’s Office or from its website http://www.flauditor.gov, under the Rules and Guidelines section. (2) Certified public accountants performing accounting services in connection with Local Governmental Entity Audits required to be filed with the Auditor General of the State of Florida shall comply with the standards set forth in Sections 10.550-.559, Rules of the Auditor General of the State of Florida. Departures from such standards must be justified by those who do not follow them. (3) Certified public accountants performing accounting services in connection with Standards for Florida Single Audit Act Audits for Nonprofit and For-Profit Organizations required by Section 215.97, F.S., to be filed with the Auditor General of the State of Florida shall comply with the standards set forth in Section 10.650, Rules of the Auditor General of the State of Florida. Departures from such standards must be justified by those who do not follow them. (4) Certified public accountants performing accounting services in connection with Standards for Audits of Certain Nonprofit Organizations required by Section 215.981(1), 1001.453(4), 1004.28(5) or 1004.70(6), F.S., to be filed with the Auditor General of the State of Florida shall comply with the standards set forth in Section 10.700, Rules of the Auditor General of the State of Florida. Departures from such standards must be justified by those who do not follow them. (5) Certified public accountants performing accounting services in connection with Standards for Audits of District School Boards required by Section 11.45 or 218.39, F.S., to be filed with the Auditor General of the State of Florida shall comply with the standards set forth in Chapter 10.800, Rules of the Auditor General of the State of Florida. Departures from such standards must be justified by those who do not follow them. (6) Certified public accountants performing accounting services in connection with Standards for Audits of Charter Schools and Similar Entities, Florida Virtual School, and Virtual Instruction Program Providers required by Section 218.39 or 1002.37, F.S., to be filed with the Auditor General of the State of Florida shall comply with the standards set forth in Chapter 10.850, Rules of the Auditor General of the State of Florida. Departures from such standards must be justified by those who do not follow them. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 10-22-86, Amended 5-22-88, 4-8-90, 4-21-91, Formerly 21A-20.0093, Amended 9-30-97, 9-29-02, 9-21-10, 10-9-13, 12-2-14, 1-27-16, 2-6-18, 4-4-19, 4-27-20, 2-21-21, 1-4-22, 12-29-24, 12-29-25. 61H1-20.0094 Standards for Prospective Financial Statements. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 3-22-89, Amended 4-8-90, 4-21-91, Formerly 21A-20.0094, Amended 9-30-97, Repealed 9-29-02. 61H1-20.0095 Standards for Consulting Services. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 5-20-91, Formerly 21A-20.0095, Amended 9-30-97, 9-29-02, Repealed 11-11-15. 61H1-20.0096 Services for Tax Practice. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 5-20-91, Formerly 21A-20.0096, Amended 9-30-97, 9-29-02, Repealed 11-11-15. 61H1-20.0097 Standards for Personal Financial Planning. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 11-8-95, Amended 9-30-97, 9-29-02, Repealed 11-11-15. 61H1-20.0098 Standards for Business Valuations. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 11-8-95, Amended 9-30-97, 9-29-02, 2-4-08, 12-27-09, Repealed 11-11-15. 61H1-20.0099 Standards for Attestation Engagements. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 9-29-96, Amended 6-22-98, 9-29-02, Repealed 11-11-15. 61H1-20.010 Engagement. “Engagement” shall be deemed and construed to mean the association between a client and a certified public accountant or firm relative to the performance of public accounting services by the certified public accountant or firm for the client. Rulemaking Authority 473.304, 473.314, 473.315, 473.317 FS. Law Implemented 473.314, 473.315, 473.317 FS. History–New 12-4-79, Formerly 21A-20.10, 21A-20.010, Amended 9-21-10. 61H1-20.011 Practice of, or Practicing Public Accountancy. Rulemaking Authority 473.304 FS. Law Implemented 473.302 FS. History–New 12-4-79, Amended 9-17-84, Formerly 21A-20.011, Amended 1-25-87, Formerly 21A-20.011, Repealed 8-25-94. 61H1-20.012 Holding Out. Rulemaking Authority 473.302, 473.304, 473.307 FS. Law Implemented 473.302 FS. History–New 9-17-84, Formerly 21A-20.12, 21A-20.012, Repealed 11-21-94. 61H1-20.013 Employee. An employee of a certified public accountin g firm includes a certified public accountant which may be leased to a firm through an employee leasing company as defined in Section 443.036(18), F.S., as long as the firm has the power to hire and fire, has complete supervision and control over the certified public accountant’s work product, and accepts the certified public accountant as its responsibility for purposes of complying with Rule 61H1-26.002, F.A.C. Rulemaking Authority 473.304 FS. Law Implemented 473.302, 473.309(1)(b), 473.3101 FS. History–New 10-17-90, Formerly 21A-20.013, Amended 9-21-10, 3-9-21. 61H1-20.015 Partnership. Rulemaking Authority 473.304, 473.3101 FS. Law Implemented 473.309, 473.3101 FS. History–New 6-16-94, Repealed 10-8-97. 61H1-20.016 Non-CPA Shareholders, Partners, and Members. (1) For purposes of Chapter 473, F.S., the terms non-CPA shareholders, partners, and members shall be deemed and construed to mean natural persons materially participating in the business conducted by the firm and when their participation ceases, their interest shall revert to the firm. (2) Non-CPA shareholders, partners, and members shall not hold themselves out as certified public accountants. Rulemaking Authority 473.304 , 473.309 FS Law Implemented 473.309 FS. History–New 2-5-98, Amended 9-21-10, 3-9-21.

Chapter 61H1-21 INDEPENDENCE, INTEGRITY, ETC.

Fla. Admin. Code R. 61H1-21 INDEPENDENCE, INTEGRITY, ETC.

CHAPTER 61H1-21 INDEPENDENCE, INTEGRITY, ETC. 61H1-21.001 Independence 61H1-21.002 Integrity and Objectivity 61H1-21.003 Commissions or Referral Fees 61H1-21.005 Contingent Fees 61H1-21.006 Communication with Client of Another Certified Public Accountant 61H1-21.001 Independence. (1) Pursuant to Section 473.315, F.S., standards of practice are established for independence, and a Certified Public Accountant (CPA) in public practice is required to be independent in fact and appearance when providing services under Section 473.302(8)(a), F.S., namely expressing opinions on financial statements, referred to herein as attest services. (2) Independence permits a CPA to perform an attest service without being affected by influences that compromise professional judgment or materially impair the CPA’s ability to act with integrity and exercise objectivity and professional skepticism. The CPA shall determine whether those influences, when present, create such a threat that would cause the CPA not to act with integrity and exercise objectivity and professional skepticism. The CPA shall not perform an attest service where independence is impaired as described in this rule. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Amended 2-3-81, 10-28-85, Formerly 21A-21.01, Amended 10-20-86, Formerly 21A-21.001, Amended 5-21-03, 1-31-05, 12-10-09, 10-10-22. 61H1-21.002 Integrity and Objectivity. A certified public accountant shall not knowingly misrepresent facts, and, when engaged in the practice of public accounting, shall not subordinate his/her judgment to others including but not limited to clients, employers or other third parties. In tax practice, a certified public accountant may resolve doubt in favor of his/her client as long as there is reasonable support for his/her position. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Formerly 21A-21.02, Amended 6-4-86, Formerly 21A-21.02, 21A-21.002, Amended 12-10-09. 61H1-21.003 Commissions or Referral Fees. (1) A certified public accountant shall not pay or accept a commission or referral fee in connection with the sale of a product or referral of any services as defined in Section 473.302(8)(a) and (c), F.S., or prohibited to non-certified public accountants as listed in Section 473.322, F.S. These services include: (a) Audit, review or compilation services. (b) Services for any prospective financial data including forecasts or projections. (c) Any special procedures engagement resulting in an expression of an opinion when the services fall within the definitions as set forth in Section 473.302(8)(a) and (c) and Section 473.322, F.S. (2) The certified public accountant must have an engagement letter signed by the client prior to beginning any engagement for which the certified public accountant will receive a commission. The letter must include complete details of the financial arrangements involving compensation for the services rendered. (3) The certified public accountant must hold appropriate licenses as required. (4) If the certified public accountant is not independent as described in Rule 61H1-21.001, F.A.C., it must be disclosed in the engagement letter. However, if the only reason for not being independent is the fact that the certified public accountant is being compensated by a commission or contingent fee then the lack of independence does not have to be disclosed. Rulemaking Authority 473.304, 473.3205 FS. Law Implemented 473.3205 FS. History–New 12-4-79, Formerly 21A-21.03, Amended 3-28-89, Formerly 21A-21.003, Amended 2-23-98, 8-16-99, 12-21-09. 61H1-21.005 Contingent Fees. (1) No certified public accountant or firm shall accept a fee contingent upon the findings or results of such services if the service is of the type for which a commission or referral fee could not be accepted (See Rule 61H1-21.003, F.A.C.). (2) No certified public accountant or firm shall accept a contingent fee for tax filings with the federal, state, or local government unless the findings are those of the tax authorities and not those of the certified public accountant or firm. Unless the certified public accountant or firm has specific reason to know that the filing will be reviewed in detail by the taxing authorities, the findings will be presumed to be those of the certified public accountant or firm and a contingent fee is not permissible. An original or amended federal tax return or a claim for refund cannot be prepared for a contingent fee since the findings are not considered to be those of the taxing authority. If the taxing authority has begun an audit, any findings will be considered those of the taxing authority and a contingent fee may be accepted. Fees to be fixed by courts or other public authorities, which are of an indeterminate amount at the time a public accounting service is undertaken, shall not be regarded as contingent fees for the purposes of this rule. However, a certified public accountant’s or firm’s fee may vary depending, for example, on the complexity of the service rendered. Rulemaking Authority 473.304 FS. Law Implemented 473.319 FS. History–New 12-4-79, Formerly 21A-21.05, 21A-21.005, Amended 11-30-93, 2-23-98, 12-10-09. 61H1-21.006 Communication with Client of Another Certified Public Accountant. If a client of one certified public accountant or firm requests a second certified public accountant or firm to provide professional advice on accounting or auditing matters in connection with an expression of opinion, the second certified public accountant or firm must consult with the first certified public accountant or firm, after obtaining the client’s consent, to make certain that the (the second certified public accountant or firm) is aware of all the relevant facts. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-21.06, 21A-21.006, Amended 12-10-09.

Chapter 61H1-22 COMPETENCE AND TECHNICAL STANDARDS

Fla. Admin. Code R. 61H1-22 COMPETENCE AND TECHNICAL STANDARDS

CHAPTER 61H1-22 COMPETENCE AND TECHNICAL STANDARDS 61H1-22.001 Competence (General Standards) 61H1-22.002 Auditing Standards (Repealed) 61H1-22.003 Accounting Principles (Repealed) 61H1-22.004 Standards for Accounting and Review Services (Repealed) 61H1-22.005 Prospective Financial Statements (Repealed) 61H1-22.006 Governmental Accounting Standards (Repealed) 61H1-22.007 Governmental Auditing Standards (Repealed) 61H1-22.008 Standards for Local Governmental Audits (Repealed) 61H1-22.0081 Standards for Florida Single Audit Act Audits for Nonprofit and For-Profit Organizations. (Repealed) 61H1-22.0082 Standards for Audits of Certain Nonprofit Organizations. (Repealed) 61H1-22.0083 Standards for Audits of District School Boards. (Repealed) 61H1-22.0084 Standards for Audits of Charter Schools and Similar Entities. (Repealed) 61H1-22.0085 Standards for Management Advisory Services (Repealed) 61H1-22.0086 Standards for Tax Practice (Repealed) 61H1-22.009 Standards for Attestation Engagement (Repealed) 61H1-22.010 Standards for Personal Financial Planning (Repealed) 61H1-22.011 Standards for Business Valuations (Repealed) 61H1-22.012 Standards for Assembled Financial Statements (Repealed) 61H1-22.001 Competence (General Standards). A certified public accountant shall comply with the following general standards and must justify any departures therefrom: (1) Professional competence. A certified public accountant shall undertake only those engagements which he or his firm can reasonably expect to complete with professional competence. A certified public accountant must be in charge of all public accounting services performed by the firm. (2) Due professional care. A certified public accountant shall exercise due professional care in the performance of an engagement. (3) Planning and supervision. A certified public accountant shall adequately plan and supervise an engagement. (4) Sufficient relevant data. A certified public accountant shall obtain sufficient relevant data to afford a reasonable basis for conclusions or recommendations in relation to an engagement. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-22.01, 21A-22.001, Amended 12-30-97, 12-10-09. 61H1-22.002 Auditing Standards. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Formerly 21A-22.02, 21A-22.002, Repealed 12-21-09. 61H1-22.003 Accounting Principles. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-22.03, 21A-22.003, Repealed 12-21-09. 61H1-22.004 Standards for Accounting and Review Services. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Formerly 21A-22.04, 21A-22.004, Repealed 12-21-09. 61H1-22.005 Prospective Financial Statements. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 12-4-79, Formerly 21A-22.05, Amended 3-28-89, Formerly 21A-22.005, Repealed 12-21-09. 61H1-22.006 Governmental Accounting Standards. Rulemaking Authority 473.304, 473.315, Chapter 79-202, Laws of Florida. Law Implemented 473.315, Chapter 79-202, Laws of Florida. History– New 9-23-86, Formerly 21A-22.006, Repealed 12-21-09. 61H1-22.007 Governmental Auditing Standards. Rulemaking Authority 473.304, 473.315, Chapter 79-202, Laws of Florida. Law Implemented 473.315, Chapter 79-202, Laws of Florida. History– New 9-23-86, Formerly 21A-22.007, Repealed 12-21-09. 61H1-22.008 Standards for Local Governmental Audits. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 10-22-86, Amended 5-9-88, Formerly 21A-22.008, Amended 9-30-97, Repealed 12-21-09. 61H1-22.0081 Standards for Florida Single Audit Act Audits for Nonprofit and For-Profit Organizations. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 2-4-08, Repealed 12-21-09. 61H1-22.0082 Standards for Audits of Certain Nonprofit Organizations. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 2-4-08, Repealed 12-21-09. 61H1-22.0083 Standards for Audits of District School Boards.

Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 2-4-08, Repealed 12-21-09. 61H1-22.0084 Standards for Audits of Charter Schools and Similar Entities. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 2-4-08, Repealed 12-21-09. 61H1-22.0085 Standards for Management Advisory Services. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 5-20-91, Formerly 21A-22.0085, Amended 9-30-97, Repealed 12-21-09. 61H1-22.0086 Standards for Tax Practice. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.304, 473.315 FS. History–New 5-20-91, Formerly 21A-22.0086, Amended 9-30-97, 5-24-07, Repealed 12-21-09. 61H1-22.009 Standards for Attestation Engagement. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 4-16-89, Formerly 21A-22.009, Amended 10-16-96, Repealed 12-21-09. 61H1-22.010 Standards for Personal Financial Planning. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 11-2-95, Amended 2-18-96, 9-30-97, Repealed 12-21-09. 61H1-22.011 Standards for Business Valuations. Rulemaking Authority 473.304, 473.315 FS. Law Implemented 473.315 FS. History–New 11-2-95, Amended 2-18-96, 9-30-97, Repealed 12-21-09. 61H1-22.012 Standards for Assembled Financial Statements. Rulemaking Authority 473.304, 473.315 FS. Law Implemented ss. 1, 12, Ch. 98-340, Laws of Florida. History–New 10-28-98, Repealed 12-21-09.

Chapter 61H1-23 RESPONSIBILITIES TO CLIENTS

Fla. Admin. Code R. 61H1-23 RESPONSIBILITIES TO CLIENTS

CHAPTER 61H1-23 RESPONSIBILITIES TO CLIENTS 61H1-23.001 Confidential Client Information 61H1-23.002 Records Disposition Responsibility 61H1-23.001 Confidential Client Information. A certified public accountant shall not disclose any confidential information obtained in the course of a professional engagement except with the consent of the client. This rule shall not be construed to contravene or contradict any of the provisions of chapter 473, F.S., or the rules promulgated thereto, or to relieve a certified public accountant of his or her obligation provided in these laws and rules. Furthermore, this rule shall not prohibit either a confidential review of a certified public accountant’s professional practice as a part of a peer review program or compliance with a lawful court or Board order. Rulemaking Authority 473.304, 473.315, 473.316 FS. Law Implemented 473.315, 473.316, 473.3125(1)(b) FS. History–New 12-4-79, Formerly 21A-23.01, 21A-23.001, Amended 1-17-11, 9-11-18. 61H1-23.002 Records Disposition Responsibility. (1) A certified public accountant shall furnish to a client or former client upon request and reasonable notice: (a) Any accounting or other records belonging to, or obtained from or on behalf of, the client that were provided to the certified public accountant; the certified public accountant may make and retain copies of such documents of the client when they form the basis for work done by the certified public accountant. (b) Any accounting or other records that the certified public accountant was not specifically engaged to prepare that are related to an issued work product of the certified public accountant and that are not in the client’s books and records or are otherwise not available to the client, with the result that the client’s financial information is complete. (c) A copy of any deliverable as set forth in the terms of the engagement that has been issued by the certified public accountant. (2) This rule shall not preclude a certified public accountant from making reasonable charges for costs incurred. Once the certified public accountant has complied with the requirements in subsection (1), above, the certified public accountant is under no obligation to comply with subsequent requests from the client to again provide such records or work products. However, if subsequent to complying with a request, a client experiences a loss of records due to a natural disaster or act of war, the certified public accountant shall comply with an additional request to provide such records or work products. (3) Provisions of this rule apply to Licensed Firms and to all certified public accountants practicing public accounting. Rulemaking Authority 473.304 FS. Law Implemented 473.318 FS. History–New 12-4-79, Amended 12-11-83, Formerly 21A-23.02, Amended 9-1-87, Formerly 21A-23.002, Amended 10-28-98, 10-26-09, 12-2-14, 12-21-15.

Chapter 61H1-24 ADVERTISING

Fla. Admin. Code R. 61H1-24 ADVERTISING

CHAPTER 61H1-24 ADVERTISING 61H1-24.001 Advertising 61H1-24.002 Solicitation (Repealed) 61H1-24.001 Advertising. (1) No certified public accountant shall disseminate or cause the dissemination of any advertisement or advertising which is in any way fraudulent, false, deceptive, or misleading, if it, among other things: (a) Contains a misrepresentation of facts; or (b) Makes only a partial disclosure of relevant facts; or (c) Creates false or unjustified expectations of beneficial assistance; or (d) Appeals primarily to a layperson’s fears, ignorance, or anxieties regarding his state of financial well-being; or (e) Contains any representation or claims, as to which the certified public accountant, referred to in the advertising, does not expect to perform; or (f) Contains any other representation, statement, or claim which misleads or deceives; or (g) In the event that a certified public accountant uses the term “specialty” or “specialist” or any other term tending to indicate an advanced standing in any aspect of the practice of public accountancy, in any advertisement or offering to the public, the advertisement must state that the use of the term is a self-designation and is not sanctioned by the state or federal government. This requirement shall not apply to any statement indicating the certified public accountant has received any bona fide formal recognition or attainment; or (h) Represents that professional services can or will be competently performed for a stated fee when this is not the case, or makes representations with respect to fees for professional services that do not disclose all variables affecting the fees that will in fact be charged; or (2) “Advertising” shall mean: (a) Any statements, oral or written, disseminated to or before the public or any portion thereof, with the intent of furthering the purpose, either directly or indirectly, of selling public accounting services, or offering to perform public accounting services, or including members of the public to enter into any obligation relating to such public accounting services. For purposes of this rule, oral or written statements include:

1. Business cards;
2. Letterhead;
3. Signs;
4. Listings in telephone and other media or communication directories;
5. Display of certificate or license from this or any other state;
6. Business reports;
7. Transmittal letters or other written communication issued or associated with accompanying financial statements;
8. Brochures;
9. Forms filed with state and federal regulatory agencies;
10. Press releases;
11. Paid promotional listing in any media;
12. Display of membership in CPA associations;
13. Listings in professional directories;
14. Presentation during court proceedings;
15. Website, e-mail, or any other electronic communication. (b) “Advertisement,” “advertising” and “advertising as a part of a certified public accountant’s business activities” as defined terms by this rule does not include:
16. Verbal statements in a social context, or
17. Use of the designation by authors when used only for identification as authors of books, articles or other publications, provided that such publications, do not offer the performance of services or the sale of products (other than books, articles or other publications). Rulemaking Authority 473.304, 473.323 FS. Law Implemented 473.323(1)(f) FS. History–New 12-4-79, Amended 2-3-81, 12-29-83, Formerly 21A-24.01, Amended 5-20-91, Formerly 21A-24.001, Amended 2-12-95, 5-7-96, 10-8-97, 11-18-07, 12-10-09, 12-2-14. 61H1-24.002 Solicitation. Rulemaking Authority 473.304, 473.323 FS. Law Implemented 473.323 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-24.02, 21A-24.002, Amended 11-30-93, 12-10-09, Repealed 12-21-15.

Chapter 61H1-25 RESPONSIBILITY FOR OTHER PERSONS

Fla. Admin. Code R. 61H1-25 RESPONSIBILITY FOR OTHER PERSONS

CHAPTER 61H1-25 RESPONSIBILITY FOR OTHER PERSONS 61H1-25.001 Responsibility for Other Persons (Repealed) 61H1-25.001 Responsibility for Other Persons. Rulemaking Authority 473.304, 473.323 FS. Law Implemented 473.322, 473.323 FS. History–New 12-4-79, Formerly 21A-25.01, 21A-25.001, Amended 10-26-09, Repealed 10-15-19.

Chapter 61H1-26 NAMES, TERMS, BRANCH OFFICES

Fla. Admin. Code R. 61H1-26 NAMES, TERMS, BRANCH OFFICES

CHAPTER 61H1-26 NAMES, TERMS, BRANCH OFFICES 61H1-26.001 Form of Practice and Name-Shared Office Space 61H1-26.002 Minimum Capitalization or Adequate Public Liability Insurance for Florida Firms with the Exception of a Sole Proprietorship 61H1-26.003 Licensure of Florida Certified Public Accountant Firms 61H1-26.004 Changes by Firms 61H1-26.005 Address of Record 61H1-26.001 Form of Practice and Name-Shared Office Space. (1) A Florida certified public accountant may practice public accounting, whether as an owner or employee, only in the form of a proprietorship, a partnership or a corporation, or a limited liability company. A Florida certified public accountant shall not allow any person to practice in his name that is not a partner or shareholder with him or in his employ. A Florida certified public accountant shall not practice under a name which is misleading or deceptive as to the legal form of the firm or as to persons who are partners, or shareholders of the firm or as to any other matter. In this regard: (a) A Florida certified public accountant may practice public accounting under a fictitious name which is not misleading or deceptive as to the persons who are sole proprietors, partners, or shareholders; and (b) A firm name may include the names of retired or deceased partners or shareholders or members who were active partners or shareholders or members of the entity. This provision permits a firm, in the same line of succession, to change from one form of business to another and continue to use the names of retired or deceased partners, shareholders or members. (c) Use of the term “and Company” or “and Associates” requires at least one other fully employed Florida certified public accountant or non certified public accountant owner other than those named in the firm name; however, this rule does not preclude a Florida certified public accountant initially meeting this requirement from using the above-mentioned terms if the Florida certified public accountant subsequently does not fully employ at least one Florida certified public accountant other than those named in the firm name. (d) A firm may use the term “Certified Public Accountants” in the firm’s name if all owners are certified public accountants. If there are non certified public accountant owners, the firm may use the terms “CPA Firm” “CPAs and Associates” or “Certified Public Accountants and Associates” provided the firm has more than one certified public accountant. Further, a certified public accountant firm with non certified public accountant owners may not use the term Certified Public Accountants without indicating there are other owners such as Associates or Consultants. (e) A firm may only use the term “CPA,” “CPA Firm,” “CPAs and Associates,” “Certified Public Accountants and Associates,” or any other title, designation, words, letters, abbreviations, or device indicating that it is a CPA Firm if it holds a license issued pursuant to Section 473.3101, F.S. (2) Florida certified public accountants may share office facilities provided there is adequate disclosure that would enable a reasonable person to determine the practice is not associated with the profession or occupation not regulated by the Board, such as written agreements, signs, etc. Rulemaking Authority 473.304, 473.321 FS. Law Implemented 473.3101, 473.321 FS. History–New 12-4-79, Amended 11-7-84, 10-28-85, Formerly 21A-26.01, Amended 10-20-86, 12-28-89, 7-1-91, 1-7-93, Formerly 21A-26.001, Amended 11-30-93, 12-30-97, 8-16-99, 9-20-00, 12-10-09, 12-21-15, 3-18-18. 61H1-26.002 Minimum Capitalization or Adequate Public Liability Insurance for Florida Firms with the Exception of a Sole Proprietorship. A Florida firm, with the exception of a sole proprietorship, shall not engage in the practice of public accounting in this state unless: (1) Assets in excess of liabilities and professional liability insurance combined are at least equal to $50,000 per shareholder, officer, member, or partner and any Florida licensed certified public accountant to a maximum of $2,000,000 or (2) It has an irrevocable letter of credit of at least equal to $50,000 per shareholder, officer, member, or partner and any Florida licensed certified public accountant to a maximum of $2,000,000, which meets the following criteria: (a) The responsibility for repayment of any sums disbursed under the letter of credit is not an obligation of the Florida firm, its owners, or any entity affiliated with the Florida firm; (b) The letter of credit contains an “evergreen clause,” which automatically renews the letter of credit unless the issuer of the letter of credit notifies the Florida firm and the Board within sixty (60) days of the decision not to renew; and (c) The letter of credit is issued by a financial institution authorized to do so under applicable state or federal banking laws; or (3) The corporation, each shareholder, and each officer who has authority over the practice of public accountancy, the LLC or the limited liability company and each member of the LLC, or the LLP and each partner have executed the waiver of limitation on liability approved by the Board which must be set forth as follows: WAIVER ON LIMITATION OF LIABILITY The shareholders, officers, members, or partners of ___ (Name of Firm), do jointly and severally convenant and agree that they will pay any award or judgment arising out of any claim the basis of which is grounded upon an allegation of negligence, incompetence, misconduct, fraud or deceit in the firm’s or its owners’, officers’, members’, or employees’ practice of public accounting as soon as the same shall become payable regardless of any limitation on liability provided by Chapters 621, 608, and 620, F.S. (2009). Unless executed by a partnership and its partners, the members intend this agreement as a mutual covenant of assumption and not as a partnership, but should any court of competent jurisdiction construe same to be a partnership then it is the intention of the parties that such partnership be limited in scope to the uses for which this contract is executed and no other. Any individual who, subsequent to the date of this instrument, becomes a shareholder, officer, member, or partner in ____________ (Name of Firm), shall immediately become a party to this waiver and be bound to the conditions thereof. Said shareholder, officer, member, or partner shall execute an amended Waiver on Limitation of Liability which shall become a part of the original Waiver on Limitation of Liability. We the undersigned shareholders, officers, members, or partners in ___________________________ (Name of Firm), do hereunto set our hands and seals to certify our acceptance of the Waiver on Limitation of Liability dated this ________ day of _, 20.

---

---

---

---

(Signatures of all shareholders, officers, members, or partners) Rulemaking Authority 473.304, 473.309 FS. Law Implemented 473.309 FS. History–New 12-4-79, Formerly 21A-26.02, Amended 10-20-86, Formerly 21A-26.002, Amended 11-30-93, 5-23-94, 6-10-96, 10-6-96, 12-30-97, 9-21-00, 12-10-09, 2-6-13. 61H1-26.003 Licensure of Florida Certified Public Accountant Firms. Every firm required to be licensed pursuant to Section 473.3101, F.S., shall be certified for licensure by the Board on a biennial basis, and shall furnish its firm name, addresses and telephone numbers of its principal place of business. Said firms must also disclose whether any non-certified public accountant owners have convictions or findings of guilt, regardless of adjudication, of a crime in any jurisdiction and judgment or settlements of civil lawsuits, or having been acted against including denial of licensure by any regulatory agency by a court or regulatory agency and any other matters which show a lack of good moral character. (good moral character is defined in Section 473.308(6)(a), F.S.). Rulemaking Authority 473.304, 473.3101 FS. Law Implemented 473.3101 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-26.03, Amended 6-4-86, Formerly 21A-26.003, Amended 2-3-94, 12-30-97, 1-26-10, 10-7-12, 12-21-15, 1-31-18. 61H1-26.004 Changes by Firms. (1) A firm licensed pursuant to Rule 61H1-26.003, F.A.C., shall file a written notification with the Department within thirty (30) days after the occurrence of any of the following events: (a) The admission or addition of a non-CPA co-partner, shareholder or member in any Florida office, including whether any non-CPA co-partners, shareholders or members have convictions or findings of guilt, regardless of adjudication, of a crime in any jurisdiction; judgement or settlements or civil lawsuits; having been acted against, including denial of licensure, by any regulatory agency or by a court; and any other matters which show a lack of good moral character as defined in Section 473.308(6)(a), F.S.; (b) The admission or addition of a CPA co-partner, shareholder or member in any Florida office, including whether any CPA co-partners, shareholders or members have convictions or findings of guilt, regardless of adjudication, of a crime in any jurisdiction; judgment or settlements of civil lawsuits (excluding domestic matters); having the right to practice acted against, including denial of licensure, by the Securities Exchange Commission (SEC), Internal Revenue Service (IRS), or any other regulatory agency or court; and any other matters which show a lack of good moral character as defined in Section 473.308(6)(a), F.S.; (c) The retirement or death of a co-partner, shareholder or member in any Florida office; (d) A change in the name of the partnership, corporation or limited liability company; (e) The termination of the partnership, corporation or limited liability company. (f) When the firm or any existing CPA or Non-CPA co-partner, shareholder or member has been the recipient of a conviction or finding of guilt, regardless of adjudication, of a crime in any jurisdiction; has been the subject of a judgment or settlements of a civil lawsuit (excluding domestic matters); has had the right to practice public accountancy acted against, including denial of licensure, imposition of a censure, fine, or corrective action, by the Securities Exchange Commission (SEC), Public Company Accounting Oversight Board (PCAOB), Internal Revenue Service (IRS), or any other regulatory agency or court; and any other matters which show a lack of good moral character as defined in Section 473.308(6)(a), F.S. (2) In the event of the formation of a new sole proprietorship, partnership, corporation or limited liability company, or any legal entity engaged in the practice of public accounting or a change in the name of a sole proprietorship, partnership, corporation or limited liability company, or any other legal entity engaged in the practice of public accounting, such sole proprietorship, partnership, corporation or limited liability company shall, within thirty (30) days of the event, become certified for licensure by the Board in accordance with Rule 61H1-26.003, F.A.C. and Section 473.3101, F.S., and pay the license fee required by Rule 61H1-31.010, F.A.C. Rulemaking Authority 473.304, 473.3101 FS. Law Implemented 473.3101 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-26.04, Amended 6-4-86, Formerly 21A-26.004, Amended 11-3-97, 7-16-98, 8-17-98, 1-31-05, 8-28-06, 1-26-10, 2-6-13, 12-21-15, 1-31-18. 61H1-26.005 Address of Record. (1) All certified public accountants, and firms, licensed in Florida, are required to provide a correct email address and street address, including a correct email address and the street address of their office, to the Board office. Firms with multiple locations shall list their principal place of business as their address of record. A post office box may be used for a mailing address, but it must be in addition to the address of record. (2) A Florida certified public accountant or licensed firm must notify the Board office in writing within thirty days of any change to their email address, address of record, or mailing address. Rulemaking Authority 455.275, 473.304 FS. Law Implemented 455.275 FS. History–New 12-2-92, Formerly 21A-26.005, Amended 7-23-06, 12-27-09, 12-21-15, 1-31-18, 5-3-20, 9-7-22.

Chapter 61H1-27 EDUCATIONAL AND EXPERIENCE REQUIREMENTS

Fla. Admin. Code R. 61H1-27 EDUCATIONAL AND EXPERIENCE REQUIREMENTS

CHAPTER 61H1-27 EDUCATIONAL AND EXPERIENCE REQUIREMENTS 61H1-27.001 College or University Requirements 61H1-27.002 Concentrations in Accounting and Business 61H1-27.003 Additional One Year Accounting Course Acceptable in Lieu of One Year of Employment (Repealed) 61H1-27.004 One Year of Employment (Repealed) 61H1-27.0041 One Year of Work Experience 61H1-27.005 Educational Advisory Committee 61H1-27.001 College or University Requirements. (1) An accredited college or university within the meaning of Section 473.306, F.S., is a four-year degree granting college or university in the State University System or other four-year degree granting educational institution accredited at the time applicant’s degree was received by virtue of membership in one of the following accrediting agencies or for (a) through (f) its predecessor: (a) Middle States Commission on Higher Education (MSCHE); (b) New England Commission of Higher Education (NECHE); (c) Higher Learning Commission (HLC); (d) Northwest Commission on Colleges and Universities (NWCCU); (e) Southern Association of Colleges and Schools Commission on Colleges (SACSCOC); (f) WASC Senior College and University Commission (WSCUC); (g) Association to Advance Collegiate Schools of Business (AACSB); (h) European Quality Improvement System (EQUIS); (i) Association of Independent Colleges and Schools. After August 2, 1992 the Association of Independent Colleges and Schools (AICS) will no longer be deemed an acceptable accrediting agency, unless the college or school accredited by the AICS is regulated by the Commission for Independent Education and exempted from licensure by the CIE under the provisions of Section 246.085, F.S. (j) Canadian, Mexican, Irish, Australian, New Zealand, and South Africa academic accounting programs approved by the provincial education bodies or the equivalent educational accreditation body for that country. (2) A listing of accredited colleges and universities as recognized by the Board is contained in the “Accredited Institutions of Post-secondary Education”; published by the American Council on Education for the Council on Post-secondary Accreditation as published for the time period the candidate attended the institutions. However, an applicant whose degree was received from a non-accredited college or university may qualify under the provisions of subsection (3). (3) If an institution was not accredited at the time an applicant’s degree was received but was so accredited at the time his application was filed with the Board, the institution will be deemed to be accredited for the purpose of subsections (1) and (2) provided it: (a) Certifies that the applicant’s total educational program would qualify him for graduation with a baccalaureate degree during the time the institution has been accredited, and (b) Furnishes the Board satisfactory proof, including college catalogue course numbers and descriptions, that the preaccrediting courses used to qualify applicant as an accounting major can be matched with substantially equivalent postaccrediting courses. (4) If an applicant’s degree was received at an accredited college or university as defined in subsections 61H1-27.001(2) and (3), F.A.C., but the educational program used to qualify him as an accounting major included courses taken at either two-year or four-year nonaccredited institutions either before or after graduation, such courses will be deemed to have been taken at the accredited institution from which applicant’s degree was received provided it either has accepted by virtue of inclusion in an official transcript, or will accept by certification to the Board, such courses for credit toward graduation. (5) A graduate of a four-year degree granting institution not accredited at the time the applicant’s degree was received or at the time of filing application will be deemed to be a graduate of a four-year accredited college or university course provided an accredited college or university as defined by subsections 61H1-27.001(1) and (2), F.A.C., accepts applicant’s non-accredited baccalaureate degree and the applicant satisfactorily completes at least 15 semester or 22 quarter hours, or the equivalent, in graduate level courses at the accredited institution of which at least 9 semester or 13 quarter hours, including at least 3 semester or 4 quarter hours in taxation; or the equivalent, shall be in accounting. Elementary accounting subjects, or courses equivalent to elementary accounting, cannot be used to satisfy the requirements of this rule. Elementary accounting subjects include principles of financial and managerial accounting courses even if they are covered in a three-course sequence, are titled “introductory,” “fundamentals,” or “principles,” and even if they are offered at the graduate level. (6) Applicants relying on transcripts from a foreign institution shall provide at their own expense to the Board, a complete course by course evaluation of any foreign transcripts by an evaluation service as approved by the Board. The Board’s list of approved evaluation services, effective April 2017, is incorporated herein and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09611 or http://www.myfloridalicense.com/dbpr/cpa/documents/BoardApprovedForeignEvaluationServices.pdf?x40199. Rulemaking Authority 473.304, 473.306 FS. Law Implemented 473.306 FS. History–New 12-4-79, Amended 2-3-81, 3-21-84, 10-28-85, Formerly 21A-27.01, Amended 4-8-86, 9-1-87, 8-25-88, 12-28-89, 3-29-90, Formerly 21A-27.001, Amended 1-11-95, 5-11-03, 3-21-05, 4-9-06, 8-13-06, 12-27-09, 2-6-12, 3-27-13, 8-7-13, 3-13-18, 7-29-18, 4-30-19, 4-23-20, 2-9-21, 6-2-21, 4-23-24, 9-25-25. 61H1-27.002 Concentrations in Accounting and Business. (1) For purposes of Section 473.306, F.S., if application for the Uniform CPA Examination was made prior to August 2, 1983, an applicant must have a baccalaureate degree from an accredited college or university with a major in accounting, or its equivalent, with a concentration in accounting and business subjects. A concentration in accounting and business is defined as an educational program that includes at least 18 semester hours or 27 quarter hours, or the equivalent, in accounting education above elementary (principles of) accounting and 27 semester or 40 quarter hours, or the equivalent, in general business education. In order to meet the provisions of Section 473.306, F.S., the application must have been filed, completed and approved and show on its face that all educational and other requirements were met prior to August 2, 1983. (2) For purposes of Section 473.308, F.S., if application for licensure is made after August 1, 1983, an applicant must have at least 150 semester hours or 225 quarter hours of college education, including a baccalaureate degree or higher conferred by an accredited college or university with a major in accounting, or its equivalent. The applicant’s total education program shall include a concentration in accounting and business as follows: (a) 30 semester or 45 quarter hours in accounting education at the upper division level which shall include coverage of the following topics:

1. Auditing
2. Financial accounting
3. Taxation
4. Cost and managerial accounting or accounting data analytics. Of these courses, the applicant must complete 3 semester hours or 4 quarter hours of financial accounting based upon United States Generally Accepted Accounting Principles (GAAP) and 3 semester hours or 4 quarter hours of taxation for accounting standards based upon United States federal and state laws. Not more than 3 semester or 4 quarter hours may be internship programs which may be applied to the 30 semester or 45 quarter hours in accounting (internship courses must be taken in conjunction with other traditional coursework at an institution and must appear on the transcript). Further, any remaining internship credit if otherwise acceptable would be applied to the general business requirement; (b) 36 semester or 54 quarter hours in general business education which shall include not less than the equivalent of 3 semester or 4 quarter hours in business law courses based upon United States federal and state laws. Vocational and clerical type courses will not count either toward the accounting requirement set forth in subsection 61H1-27.002(2), F.A.C., or this general business education requirement. Specialized industry courses will be acceptable as general business courses but not as accounting courses unless as defined in subsection 61H1-27.002(2), F.A.C., and they have an accounting prefix, further such courses in order to qualify must be certified by the chairman of the school or college’s accounting department as qualifying for general business credit. Written or oral communication courses will qualify for the general business requirement if they have a business or accounting prefix or if they are reflected in the catalog in the school or college as relating directly to the school or college’s business or accounting requirements. (3) To be eligible to take the licensure examination, an applicant shall have completed 120 semester or 180 quarter hours as follows: (a) 24 semester or 36 quarter hours in accounting education at the upper division level which shall include coverage of the following topics:
5. Auditing
6. Financial accounting
7. Taxation
8. Cost and managerial accounting or accounting data analytics. Of these courses, the applicant must complete 3 semester hours or 4 quarter hours of financial accounting based upon United States Generally Accepted Accounting Principles (GAAP) and 3 semester hours or 4 quarter hours of taxation for accounting standards based upon United States federal and state laws. Not more than 3 semester or 4 quarter hours may be internship programs which may be applied to the 24 semester or 36 quarter hours in accounting (internship courses must be taken in conjunction with other traditional coursework at an institution and must appear on the transcript). Further, any remaining internship credit if otherwise acceptable would be applied to the general business requirement; (b) 24 semester or 36 quarter hours in general business education which shall include not less than the equivalent of 3 semester or 4 quarter hours in business law courses based upon United States federal and state laws. Vocational and clerical type courses will not count either toward the accounting requirement set forth in subsection 61H1-27.002(2), F.A.C., or this general business education requirement. Specialized industry courses will be acceptable as general business courses but not as accounting courses unless as defined in subsection 61H1-27.002(2), F.A.C., and they have an accounting prefix; further such courses in order to qualify must be certified by the chairman of the school or college’s accounting department as qualifying for general business credit. Written or oral communication courses will qualify for the general business requirement if they have a business or accounting prefix or if they are reflected in the catalog in the school or college as relating directly to the school or college’s business or accounting requirements. (4) For purposes of this rule, upper division accounting hours other than elementary above the minimum requirement may be substituted for general business hours. Elementary accounting subjects shall not be accepted as general business education. Elementary accounting subjects include principles of financial and managerial accounting courses even if they are covered in a three course sequence, are titled “introductory,” “fundamentals” or “principles” and even if they are offered at the graduate level. All accounting courses and not less than 21 semester or 32 quarter hours of general business courses must be at the upper division level. For the purpose of paragraph 61H1-27.002(2)(b), F.A.C., all general business courses, including accounting courses in excess of the 36 hours required, must be taken at the upper division level, except for Introductory Macro and Micro Economics, Business Law, Introductory Statistics, Introduction to Computer Information Systems, and any written or oral communication course described in paragraph 61H1-27.002(2)(b), F.A.C. Lower level general business courses, other than those listed above, posted to transcripts after August 31, 1989 will not count. Standardized tests, such as CLEP, are not acceptable for accounting or general business courses; however, advanced placement (AP) courses will be counted if the applicant has been granted college credit for those AP courses by their degree-granting institution. (a) Upper division, as used in Rule 61H1-27.002, F.A.C., means courses above the prinicipal introductory level. (b) If an applicant has taken a course at the lower division at a senior institution, and that institution has reclassified the course to the upper division at the time of application to Florida, the course will be deemed upper division for the purpose of Rule 61H1-27.002, F.A.C. (5) Re-applicants whose original application for the CPA examination was approved prior to August 2, 1983, may elect to satisfy subsection 61H1-27.002(1), F.A.C. (6) For purposes of subsection 61H1-27.002(2), F.A.C., and Section 473.306, F.S., a baccalaureate degree will not be considered as meeting the statutory requirement for a major in accounting or its equivalent unless all credit hours accepted by the college or university as part of the degree requirement are listed as courses in the catalogues of all institutions attended. (7) If an applicant takes duplicate courses, only one of these courses will be counted. For purposes of this rule, all CPA Examination Review courses will be deemed to be duplicate courses. (a) Courses will be considered duplicated if they cover a substantially equivalent professional area of knowledge even if separated by a span of time and even if some of the professional, technical and/or legal issues have been changed or modified. (b) Regarding CPA Review courses, by definition these courses cover material already studied. Accordingly, no exception will be made to consider a CPA Review course non-duplicative, regardless of statements by applicants, professors, or academic administrators that additional topics are covered or the material covered only superficially in prior courses is covered in more detail in a “review” course. (8) Individuals who are currently licensed in good standing, with at least five (5) years of work experience in the practice of public accountancy in the United States are exempt from the requirements in subsections 61H1-27.002(1)-(3), which are in excess of a baccalaureate degree or higher conferred by an accredited college or university with a major in accounting or its equivalent. All experience that is used as a basis for waiving the requirements in excess of a baccalaureate degree must be while licensed by another state or territory in the United States. This experience shall include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills. This experience shall be verified by a licensed certified public accountant in good standing with a state or territory of the United States. Individuals performing the certification must be licensed and in good standing both during the applicant’s work experience and at the time of verification. (9) Individuals who are currently licensed in good standing, with at least five (5) years of work experience in the practice of public accountancy or its equivalent in countries approved by the International Qualifications Appraisal Board of the National Association of State Boards of Accountancy (IQAB) and whose educational degrees are from accredited institutions as set forth in subsection 61H1-27.001(1), F.A.C., shall be deemed to have met the requirements set forth in subsections 61H1-27.002(1)-(3), F.A.C. All experience that is used as a basis for waiving the requirements in subsections 61H1-27.002(1)-(3) must be while licensed by another state or territory in the United States or while licensed in the practice of public accounting or its equivalent in a foreign country that the IQAB has determined has licensure standards that are substantially equivalent to the those in the United States. This experience shall include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills. This experience shall be verified by a licensed certified public accountant in good standing with a state or territory of the United States or a chartered accountant in good standing recognized by the IQAB, both during the applicant’s work experience and at the time of verification. Rulemaking Authority 473.304, 473.306(3), 473.308(3) FS. Law Implemented 473.306(2), (3), 473.308(3), (8) FS. History–New 12-4-79, Amended 2-3-81, 8-1-83, 3-21-84, 6-10-84, 6-5-85, 10-28-85, Formerly 21A-27.02, Amended 5-22-88, 3-21-89, 5-20-91, 12-2-92, Formerly 21A-27.002, Amended 11-2-95, 11-3-97, 1-31-05, 5-24-07, 11-30-08, 12-21-09, 12-2-14, 7-11-16, 2-13-18, 7-29-18, 2-3-20, 1-12-21, 5-14-23, 10-26-23. 61H1-27.003 Additional One Year Accounting Course Acceptable in Lieu of One Year of Employment. Rulemaking Authority 473.304 FS. Law Implemented 473.307 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-27.03, Amended 10-20-86, Formerly 21A-27.003, Repealed 1-30-96. 61H1-27.004 One Year of Employment. Rulemaking Authority 473.304 FS. Law Implemented 473.307 FS. History–New 12-4-79, Amended 2-3-81, 10-28-85, Formerly 21A-27.04, Amended 4-8-86, Formerly 21A-27.004, Repealed 1-30-96. 61H1-27.0041 One Year of Work Experience. (1) With the exception of an applicant who completes the requirements of Section 473.308(3), F.S., on or before December 31, 2008, and who passes the licensure examination on or before June 30, 2010, an applicant must document one year of work experience. One year of work experience shall be held and understood to mean the provision of any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax, or consulting skills as verified by the verifying certified public accountant, commencing after the completion of 120 semester or 180 quarter hours from an accredited college or university with a concentration in accounting and business courses or after the applicant has passed the licensure examination in another state or territory of the United States and has either been licensed as a certified public accountant or has met licensing requirements for that state or territory. The experience must either average at least twenty (20) hours a week over no more than one hundred and four (104) weeks or average no more than forty (40) hours a week over no more than fifty-two (52) weeks. Reasonable vacation time and sick leave or other required absences may be permitted. The verifying certified public accountant, in her or his report to the Department, shall verify that the applicant rendered such services for a minimum of 2,000 hours gained over a period of not less than fifty-two (52) or more than one hundred and four (104) weeks. The sequence of the experience is considered immaterial, that is, whether the experience was secured before or after taking the examination, or partly before the examination and partly after the examination, provided the two periods combined equal at least one year. (2) For purposes of this rule, a verifying certified public accountant is either a certified public accountant with an active license in good standing with any regulating body or a chartered accountant recognized by the International Qualifications Appraisal Board (IQAB), both during the applicant’s one year of work experience and at the time of verification. (3) The one year of work experience may be achieved by teaching accounting full-time for one year at an accredited college or university, as defined in subsection 61H1-27.001(1), F.A.C., under the following conditions: (a) Full-time teaching as described by the rules of the educational institution where the applicant taught will be accepted by the Board to be full-time teaching. However, in no case will less than twelve (12) semester hours, or the equivalent, be accepted by the Board as full-time teaching. (b) If the applicant has not taught accounting full-time for one year, credit will be allowed by the Board for teaching accounting less than full-time on a pro rata basis based upon the number of semester or quarter hours required for full-time teaching at the educational institution where the applicant taught. However, in no case will an applicant receive credit for a full-time teaching year for teaching done in less than one academic year or more credit than one full-time teaching year for teaching done within one calendar year. (c) Courses outside the fields of accounting and general business will not be counted toward full-time teaching. (4) Applicants shall document the one year of work experience on the Verification of Work Experience form (DBPR CPA 32/Effective June 2021). The form, which is hereby incorporated by reference in Rule 61-35.003, F.A.C., is provided by the Department and available on the Department’s website or the Board office located at 240 N.W. 76th Drive, Suite A, Gainesville, FL 32607-6655. Rulemaking Authority 473.304(1), 473.308(4) FS. Law Implemented 473.308(4) FS. History–New 3-3-09, Amended 5-3-10, 12-18-12, 2-6-17, 12-8-21, 10-30-22. 61H1-27.005 Educational Advisory Committee. The Board shall appoint an Educational Advisory Committee which shall be composed of one (1) member of the Board, two (2) Florida certified public accountants in public practice, and four (4) academicians on faculties of universities within the State of Florida. The Board member shall be appointed by the Chairman and serve at his or her pleasure. The other members of the Committee will be selected by the Chairman of the Committee for terms of two (2) years, with the potential for reappointment. In addition, the Committee shall consist of expert staff retained by the Department of Business and Professional Regulation. Said staff shall be individuals who have knowledge and experience with educational curricula and national accreditation standards for accounting and business programs. The Educational Advisory Committee shall assist the Board and Board staff with any educational matters or issues brought to the Committee, including but not limited to questions regarding academic qualification for applications for examination and licensure by endorsement. The Committee may also bring educational issues it deems of importance to the Board. Rulemaking Authority 473.304 FS. Law Implemented 473.306 FS. History–New 7-7-85, Formerly 21A-27.05, Amended 12-2-92, Formerly 21A-27.005, Amended 10-26-09, 10-26-23.

Chapter 61H1-28 EXAMINATIONS

Fla. Admin. Code R. 61H1-28 EXAMINATIONS

CHAPTER 61H1-28 EXAMINATIONS 61H1-28.001 Examination (Repealed) 61H1-28.0001 Initial Licensure by Examination 61H1-28.0011 Examinations 61H1-28.005 Number of Sittings, Passing Grade and Granting of Credit, Effective Dates, Release of Grades and Completion of Examination (Repealed) 61H1-28.0052 Number of Sittings, and Granting of Credit, Release of Grades and Completion of Examination, Transition Rules 61H1-28.006 Examination Credit from Other States (Repealed) 61H1-28.0061 Examination Credit from Other States 61H1-28.007 Law and Rules Examination (Repealed) 61H1-28.008 State of Florida CPA Examination Security Requirements (Repealed) 61H1-28.001 Examination. Rulemaking Authority 473.304, 473.306 FS. Law Implemented 473.306 FS. History–New 12-4-79, Amended 2-3-81, 9-16-84, Formerly 21A-28.01, Amended 4-8-86, Formerly 21A-28.0011, Amended 5-23-94, 9-20-00, Repealed 1-1-04. 61H1-28.0001 Initial Licensure by Examination. (1) An applicant seeking to obtain CPA licensure by examination shall first complete the Application for CPA Examination (DBPR CPA 1, Effective June 2021), which is hereby incorporated by reference in Rule 61-35.003, F.A.C. The form is also available on the Department’s website and at the Board office located at 240 N.W. 76th Drive, Suite A, Gainesville, FL 32607-6655. Upon approval, the applicant may sit for the CPA Examination adopted by the Board as referenced in Rule 61H1-28.0011, F.A.C. (2) After complying with the eligibility criteria pursuant to Sections 473.306 and 473.308(2), F.S., the applicant shall complete the Initial CPA Licensure Application (DBPR CPA 2, Effective June 2021), which is hereby incorporated by reference in Rule 61-35.003, F.A.C. The form is also available on the Department’s website and at the Board office located at 240 N.W. 76th Drive, Suite A, Gainesville, FL 32607-6655. Upon approval, the applicant is considered a licensed CPA in the State of Florida. Rulemaking Authority 455.217(1), 473.304 FS. Law Implemented 455.217(1), 473.306, 473.308 FS. History–New 1-26-22. 61H1-28.0011 Examinations. The Board adopts the Uniform CPA Examination “CPA Examination” prepared by the Board of Examiners of the American Institute of Certified Public Accountants as its licensure examinations. Rulemaking Authority 455.217(1), 473.304, 473.306 FS. Law Implemented 455.217(1), 473.306 FS. History–New 1-1-04, Amended 10-26-09, 11-3-19, 1-4-22. 61H1-28.005 Number of Sittings, Passing Grade and Granting of Credit, Effective Dates, Release of Grades and Completion of Examination. Rulemaking Authority 473.304, 473.306 FS. Law Implemented 473.306 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-28.05, 21A-28.005, Amended 11-4-93, Repealed 1-1-04. 61H1-28.0052 Number of Sittings, and Granting of Credit, Release of Grades and Completion of Examination, Transition Rules. (1) With respect to the CPA Examination: (a) A candidate may take the required test sections individually and in any order. As designated in this paragraph, credit for any test section(s) passed shall be valid for either eighteen or thirty months from the National Association of State Boards of Accountancy (NASBA) grade release date for that test section, without having to attain a minimum score on any failed test section(s) and without regard to whether the candidate has taken other test sections. For any test section passed with a grade release date prior to January 1, 2024, credit will be valid for eighteen months from the NASBA grade release date for that test section. For any test section passed with a grade release date on or after January 1, 2024, credit will be valid for thirty months from the NASBA grade release date for that test section. (b) Candidates must pass all four test sections of the CPA Examination within the designated rolling period, which begins on the NASBA grade release date for the first test section(s) passed. In the event all four test sections of the CPA Examination are not passed within the designated rolling period, credit for any test section(s) passed outside the applicable period will expire and must be retaken. (2) A candidate shall be deemed to have passed the CPA Examination when the candidate has been granted credit for all sections of the CPA Examination. Upon certification of examination scores by the Board to the Department that the applicant has met all licensure requirements as imposed by Chapters 455 and 473, F.S., and the rules promulgated pursuant thereto, the Department shall issue a license to practice public accounting to such individual. However, in no event shall an initial license be issued if the initial licensure fees and all required documents are not received within 36 months of the date of certification of examination scores by the Board; in such case, the certification expires and the applicant may reapply for licensure by endorsement, pursuant to Section 473.308(7)(a), F.S. (3) Examination credits expiring between April 1, 2020 and June 29, 2021 are granted an extension through June 30, 2021. (4) Examination credits expiring between January 1, 2024 and June 29, 2025 are granted an extension through June 30, 2025. (5) This rule shall be reviewed and, if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 455.217(1), 473.304, 473.306 FS. Law Implemented 455.217(1), 473.306 FS. History–New 1-1-04, Amended 2-24-08, 8-20-09, 12-10-09, 5-6-21, 5-14-23, 12-6-23. 61H1-28.006 Examination Credit from Other States. Rulemaking Authority 473.304, 473.306 FS. Law Implemented 473.306 FS. History–New 12-4-79, Formerly 21A-28.06, 21A-28.006, Repealed 1-1-04. 61H1-28.0061 Examination Credit from Other States. Upon application, an individual who has been granted credit by another state for any section on the CPA Examination, the specific examinations for which sections were identical to those offered in Florida, shall receive Florida credit for such out-of-state credit provided similar credit would have been granted in Florida at the time out-of-state credit was granted had the candidate met all the Florida requirements and sat for such examinations in Florida. For purposes of this rule in determining whether to transfer examination credit from another state, the Board shall consider and hold binding the examination requirements in effect in Florida at the time the individual received out-of-state credit. An individual so receiving Florida credit shall be deemed to have been a Florida candidate for such purpose in determining future sittings and credit granting for the remaining section(s). Any person desiring to receive credit under this rule shall file an application with the Department and be certified as eligible to the Department by the Board. Rulemaking Authority 455.217(1), 473.304, 473.306 FS. Law Implemented 455.217(1), 473.306 FS. History–New 1-1-04 61H1-28.007 Law and Rules Examination. Rulemaking Authority 473.304, 473.306 FS. Law Implemented 473.306 FS. History–New 4-8-86, Formerly 21A-28.007, Repealed 8-20-09. 61H1-28.008 State of Florida CPA Examination Security Requirements. Rulemaking Authority 455.217 FS. Law Implemented 455.217 FS. History–New 3-4-82, Formerly 21A-28.08, 21A-28.008, Repealed 1-30-96.

Chapter 61H1-29 LICENSURE BY ENDORSEMENT

Fla. Admin. Code R. 61H1-29 LICENSURE BY ENDORSEMENT

CHAPTER 61H1-29 LICENSURE BY ENDORSEMENT 61H1-29.002 Temporary License 61H1-29.0025 Temporary License – Electronic Practice (Repealed) 61H1-29.003 Experience for Licensure by Endorsement 61H1-29.004 Licensure by Endorsement; Domiciled (Repealed) 61H1-29.005 CPA Education/CPE Credit 61H1-29.002 Temporary License. (1) In each instance in which out-of-state certified public accountants or firms, not authorized to practice public accounting pursuant to the practice privileges granted to Section 473.3141, F.S., send out-of-state personnel into the state to perform a specific engagement, a temporary license will be required. Applications for temporary licenses must be filed thirty (30) days prior to commencement of the engagement. A temporary license shall not be required of a person entering this state solely for the purpose of preparing federal tax returns or advising as to federal tax matters. (2) Applications for temporary licenses to fulfill specific engagements shall be in writing directed to the Department on forms prescribed by the Department. (3) Each application will be accompanied by the statement of the applicant, or if it is a partnership or professional service corporation, by a partner or shareholder of the applicant, to the effect that: (a) Said work qualifies for a temporary license; (b) That the applicant is not maintaining a full-time office and staff in the state for the full-time public accounting practice in the state through the use of a temporary license. (4) The out-of-state certified public accountant shall furnish the Department with the names of all out-of-state personnel coming into the state to fulfill the specific engagement and such other information as required by Chapters 455 and 473, F.S., and rules promulgated pursuant thereto. If the out-of-state certified public accountant desires to substitute personnel or bring additional personnel into the state to fulfill the specific engagement, he shall notify the Department of the names of such substituted personnel or additional personnel as soon as practicable after the substitution or addition. (5) An out-of-state certified public accountant who is a resident of Florida may not practice as a certified public accountant in Florida through the use of temporary licenses or the practice privileges granted to Section 473.3141, F.S., nor may he assume or use the titles or designations “certified public accountant,” or “public accountant” or the abbreviation “CPA,” or any other title, designation, words, letters, abbreviations, sign, card, or device tending to indicate that he holds an active license under Chapter 473, F.S., nor shall such person attest as an expert in accountancy to the reliability or fairness of presentation of financial information or utilize any form of disclaimer of opinion which is intended or conventionally understood to convey an assurance of reliability as to matters not specifically disclaimed unless such person holds an active license under Chapter 473, F.S. This rule shall not prohibit the performance by such persons of other services involving the use of accounting skills, including the preparation of tax returns and the preparation of financial statements without expression of opinion thereon. (6) A temporary license may be denied for any one of the following: (a) The applicant has failed to fully complete required application; (b) The applicant has committed any of the acts specified by Rule 61H1-36.004, F.A.C., which constitutes grounds for disciplinary action against a certified public accountant. (7) Notwithstanding the above-stated requirements, a temporary license will not be required for an individual who does not have an office as defined by subsection 61H1-20.001(8), F.A.C., and either: (a) Holds a valid license as a certified public accountant from a state the Board has determined to have adopted standards that are substantially equivalent to the certificate requirements in s. 5 of the Uniform Accountancy Act in the issuance of licenses (the Board’s list of approved states, effective January 1, 2024, is incorporated herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-16541 or at http://www.myfloridalicense.com/DBPR/certified-public-accounting/mobility/); or (b) Holds a valid license as a certified public accountant and obtains verification from the National Association of State Boards of Accountancy CredentialNet service that the individual meets certificate requirements in s. 5 of the Uniform Accountancy Act, seventh edition revised May 2014, which is incorporated herein by reference. The Board has determined that posting the incorporated material on the Internet would constitute a violation of federal copyright law. At the time of adoption, the copyrighted incorporated material will be available for public inspection and examination, but may not be copied, at the Board of Accountancy, 240 N.W. 76th Dr., Suite A, Gainesville, Florida 32607, and at the Department of State, Administrative Code and Register Section, Room 701, The Capitol, Tallahassee, Florida 32399-0250. CredentialNet can be reached at credentialnet@nasba.org or (866)350-0017. Rulemaking Authority 473.304, 473.314 FS. Law Implemented 473.314, 473.315, 473.3141 FS. History–New 12-4-79, Amended 2-3-81, 10-19-83, Formerly 21A-29.02, Amended 5-3-88, 12-3-89, 6-13-90, 3-29-92, 12-2-92, Formerly 21A-29.002, Amended 6-28-94, 1-11-95, 8-28-06, 12-10-09, 6-21-11, 1-7-13, 3-18-15, 5-3-20, 4-23-24. 61H1-29.0025 Temporary License – Electronic Practice. Rulemaking Authority 473.304, 473.314 FS. Law Implemented 473.314 FS. History–New 2-12-98, Amended 8-28-06, 12-10-09, 1-7-13, 7-26-15, Repealed 3-13-18. 61H1-29.003 Experience for Licensure by Endorsement. (1) Any applicant seeking licensure by endorsement under Section 473.308(8), F.S., must have experience that includes at least five years experience gained in industry, academia, or in the practice of public accounting while licensed as a Certified Public Accountant or Chartered Accountant in the practice of public accounting or as an auditor or accountant in a unit of federal, state, or local government provided that the position held meets the activity and verification requirements set forth in Section 473.308(4)(a), F.S. (2) Documentation of the experience shall be made using the Verification of Work Experience form (DBPR CPA 32/Effective June 2021). The form, which is hereby incorporated by reference in Rule 61-35.003, F.A.C., is provided by the Department on the Department’s webiste or at the Board office located at 240 N. W. 76th Drive, Suite A, Gainesville, FL 32607-6655. Rulemaking Authority 473.304, 473.308 FS. Law Implemented 473.308 FS. History–New 4-24-88, Amended 6-12-88, Formerly 21A-29.003, Amended 2-12-98, 5-19-03, 1-31-05, 2-22-07, 11-18-07, 12-10-09, 12-20-12, 6-2-21, 12-23-21. 61H1-29.004 Licensure by Endorsement; Domiciled. Rulemaking Authority 473.304, 473.3101, 473.323(2) FS. Law Implemented 473.309, 473.3101 FS. History–New 4-24-88, Formerly 21A-29.004, Repealed 11-3-09. 61H1-29.005 CPA Education/CPE Credit. The CPE reestablishment period for new Florida certified public accountants begins on the date of certification, which is printed on the license. Only courses completed after that date may be used for CPE credit. Accordingly, no courses which count as education for obtaining the CPA license may be used for CPE credit. Rulemaking Authority 473.304 FS. Law Implemented 473.311, 473.312 FS. History–New 11-2-95, Amended 10-26-09.

Chapter 61H1-30 LICENSURE STATUS

Fla. Admin. Code R. 61H1-30 LICENSURE STATUS

CHAPTER 61H1-30 LICENSURE STATUS 61H1-30.010 Active License 61H1-30.020 Delinquent License 61H1-30.030 Null and Void License 61H1-30.040 Inactive License 61H1-30.050 License Relinquishment 61H1-30.060 Retired License 61H1-30.010 Active License. A licensee may practice in the profession of certified public accounting, pursuant to Section 455.271(1), F.S., only if the license of the licensee is active. To maintain a current active license, a licensee is required to pay applicable fees pursuant to Chapter 61H1-31, F.A.C. Individual licensees shall also comply with the continuing professional education (CPE) criteria regarding license renewals. Rulemaking Authority 455.271, 473.304, 473.312 FS. Law Implemented 455.271, 455.213, 473.312 FS. History–New 4-26-22. 61H1-30.020 Delinquent License. (1) Failure of a licensee to renew the license before the license expires, pursuant to Section 455.271(5), F.S., shall cause the license to become delinquent immediately following expiration of the most current licensure cycle. Pursuant to Rule 61H1-33.006, F.A.C.: (a) A license becomes delinquent when the licensee fails to renew and pay the applicable renewal fee by the deadline of December 31 of any renewal cycle. (b) Licensees who pay renewal fees after March 15, in addition to incurring a penalty fee, are required to submit a request to the Department to reactivate the license. (2) A licensee seeking reactivation shall complete the CPA Change of Status form (DBPR CPA 7, Effective June 2021), which is incorporated by reference in Rule 61-35.003, F.A.C., and comply with the requirements stated therein, including the completion of the applicable CPE hours, reporting the same hours using the CPE Reporting Form # CPA 41 and submitting certificates of completion for each course listed. The form is provided by the Department and available on the Department’s website and at the Board office located at 240 N. W. 76th Drive, Suite A, Gainesville, FL 32607-6655. Rulemaking Authority 455.271, 473.311 FS. Law Implemented 455.213, 455.271, 473.311, 473.312 FS. History–New 4-26-22. 61H1-30.030 Null and Void License. (1) A license that remains in a delinquent status for two years, pursuant to Section 455.271(6), F.S., automatically becomes null and void. (2) A null and void license is only eligible for a change of status, pursuant to the reinstatement terms set forth in Section 473.313(5), F.S. (3) A null and void license, subject to board review and clearance, may be reinstated pursuant to Section 473.313(5), F.S. An applicant seeking reinstatement of a null and void license shall: (a) Complete the Application for Reinstatement of Null and Void License (DBPR CPA 9, Effective June 2021). The form, which is incorporated by reference in Rule 61-35.003, F.A.C., is provided by the Department and available on the Department’s website and at the Board office located at 240 N.W. 76th Drive, Suite A, Gainesville, FL 32607-6655. The applicant is required to include with the application a personal statement regarding the cause and circumstances resulting in the null and void license; (b) Pay applicable fees pursuant to Rules 61H1-31.015, 61H1-31.003, and 61H1-31.004, F.A.C.; and (c) Complete continuing professional education (CPE) as referenced in subsection (3) of this rule. An applicant is not required to provide proof of CPE completion prior to board review of the application; however, the applicant must complete all required hours prior to the reinstatement of the license. (4) An applicant, whose application been approved by the board, shall submit the Continuing Professional Education Reporting form (DBPR CPA 41, Effective June 2021), which is incorporated by reference in Rule 61-35.003, F.A.C. The form is provided by the Department and available on the Department’s website and at the Board office located at 240 N.W. 76th Drive, Suite A, Gainesville, FL 32607-6655. The applicant shall provide proof of completion of CPE hours as follows: (a) 120 CPE hours for the reinstatement of the null and void license to delinquent status, consisting of 30 hours in accounting and auditing, 8 hours in board approved ethics, and no more than 30 hours in behavioral subjects; and (b) 120 CPE hours for the reactivation from the delinquent status to current active status, consisting of 30 hours in accounting and auditing, 8 hours in board approved ethics, and no more than 30 hours in behavioral subjects. (5) In lieu of reinstatement, applicants with a null and void license may apply for licensure pursuant to Section 473.308, F.S., by one the following methods: (a) Licensure by Endorsement, if applicable; or (b) Licensure by Examination. Rulemaking Authority 455.213, 455.271, 473.304, 473.308, 473.312, 473.313(5) FS. Law Implemented 455.213, 455.271, 473.312, 473.313 FS. History–New 4-26-22. 61H1-30.040 Inactive License. (1) A license does not automatically become inactive. The licensee must elect to change the licensure status by paying a change of status, application, and other applicable fees, depending on the status of the license, pursuant to Chapter 61H1-31, F.A.C. The licensee shall also complete the Change of Status form (DBPR CPA 7, Effective June 2021), which is incorporated by reference in Rule 61-35.003, F.A.C. The CPE requirements are suspended during the period the license is inactive. (2) A licensee with a current or delinquent active license may elect to become inactive at any time by complying with the criteria set forth in subsection (1) of this rule, unless otherwise encumbered or prohibited from doing so pursuant to disciplinary action. (3) A licensee with an inactive license may reactivate the license to active status at any time, by completing the CPA Change of Status form (DBPR CPA 7, Effective June 2021), which is incorporated by reference in Rule 61-35.003, F.A.C., and comply with the requirements stated therein, including the completion of the applicable CPE hours, reporting the same hours using the CPE Reporting Form # CPA 41 and submitting certificates of completion for each course listed. The form is provided by the Department and available on the Department’s website and at the Board office located at 240 N.W. 76th Drive, Suite A, Gainesville, FL 32607-6655. (4) A licensee with a delinquent license, may reactivate the license to a current active status by paying the fees and satisfying the requirements set forth in subsection (3), and must also pay the applicable deliquent fee pursuant to Chapter 61H1-31, F.A.C. A timely election of inactive status while the license is delinquent prevents an automatic licensure status change from delinquent to null and void. Rulemaking Authority 455.271, 473.304, 473.311 FS. Law Implemented 455.213, 455.271, 473.311, 473.312 FS. History–New 4-26-22. 61H1-30.050 License Relinquishment. (1) A licensee with a current active or current inactive license, which is not otherwise encumbered by discipline, may elect to voluntarily relinquish the license administratively by submitting to the Department the CPA Change of Status form (DBPR CPA 7, Effective June 2021), which is incorporated by reference in Rule 61-35.003, F.A.C. (2) The licensing authority, pursuant to Section 455.227(1)(f), F.S., may accept a licensee’s relinquishment of a license as a form of discipline during the course of any disciplinary proceeding or action. A license encumbered by discipline resulting in disciplinary relinquishment shall be construed as action against the licensee. Rulemaking Authority 455.227, 455.271, 473.304, 473.311 FS. Law Implemented 455.227(1)(f), 455.213, 455.271, 473.311, 473.312 FS. History–New 4-26-22. 61H1-30.060 Retired License. (1) A retired CPA is defined as a CPA who holds a retired license, as approved by the Department. To apply for a retired license, the licensee shall submit to the Department an Application for Retired Status (DBPR CPA 16, effective July 2024), which is incorporated by reference in Rule 61-35.003, F.A.C. (2) A licensee, age 65 years of age or older, is eligible to request a licensure change to retired status if the license is: (a) Current and active as defined in Rule 61H1-30.010, F.A.C. or current and inactive as defined in Rule 61H1-30.040, F.A.C.; and (b) Not the subject of any sanction or disciplinary action by any jurisdiction, or otherwise under investigation by the Department. (3) Pursuant to section 473.313(2), F.S., a retired CPA may: (a) Use the title of “retired CPA” on any business card or letterhead or any other printed or electronic document. (b) Serve without compensation on a board of directors or board of trustees. (c) Provide volunteer tax preparation services. (d) Participate in a government-sponsored business mentoring program such as the Internal Revenue Service's Volunteer Income Tax Assistance program or the Small Business Administration's SCORE program. (e) Participate in an advisory role for a similar charitable, civic, or other non-profit organization. (f) Accept routine reimbursement for actual costs of travel and meals associated with volunteer services. (4) Pursuant to section 473.313(2), F.S., a retired CPA is prohibited from the following actions: (a) Any activity defined in section 473.302(8), F.S. that is not permitted in section 473.313(2)(a), F.S. (b) Reentering the workforce in a position that has an association with accounting or any of the services described in section 473.302(8), F.S. (c) Offering or rendering professional services that require the licensee’s signature and the use of the CPA title. (5) A retired CPA who engages in activity not specified in subsection (3) or who violates any section of subsection (4) of this rule will be subject to discipline as prescribed in Rule 61H1-36.004, F.A.C. (6) During the period for which the licensee holds a retired license, the retired CPA is neither required to renew the license nor maintain the continuing professional education (CPE) requirements set forth in section 473.312, F.S. (7) A retired licensee may apply to reactivate the retired license to a current active license. The licensee does not have the option to reactivate the license to any other status or by any other means than as set forth in this paragraph. To reactivate, the retired licensee shall: (a) Submit to the Department a CPA Retired Status Reactivation Application (DBPR CPA 17, effective July 2024), incorporated by reference in Rule 61-35.003, F.A.C., and the applicable reactivation fee as stated on the application. (b) Prior to the reactivation being effective, the retired CPA shall complete continuing professional education pursuant to the requirements set forth below:

1. A minimum of 120 hours of CPE for each biennium, or part thereof, from the effective date of the retired status until the Department’s receipt of a CPA Retired Status Reactivation Application.
2. Each group of 120 hours of CPE must include at least thirty (30) hours of accounting and auditing (A&A), and eight (8) hours of Florida Board approved ethics. A licensee may not submit more than 20 behavioral subject hours for each group of 120 hours of CPE.
3. All CPE hours shall be completed, either 24 months prior to the reactivation application date or 12 months after the application date. Continuing professional education shall be reported to the Department using the CPE Reporting Form (DBPR CPA 41), incorporated by reference in Rule 61-35.003, F.A.C. Licensees who fail to complete and report their CPE within this designated period shall be required to resubmit a reactivation application. Their required CPE hours will be recalculated based on the resubmission date of the application. Rulemaking Authority 473.313(2) FS. Law Implemented 473.313(2) FS. History–New 4-16-25.

Chapter 61H1-31 FEES

Fla. Admin. Code R. 61H1-31 FEES

CHAPTER 61H1-31 FEES 61H1-31.001 Collection and Payment of Fees 61H1-31.002 Examination Application Fee 61H1-31.003 Renewal of Active and Inactive License Fee for CPA 61H1-31.004 Delinquency Fee 61H1-31.005 Initial Licensure Fee 61H1-31.006 Reactivation Fee 61H1-31.0065 Change of Status Process Fee 61H1-31.007 Temporary License Fee 61H1-31.0075 Temporary License Fee – Electronic Practice (Repealed) 61H1-31.008 Licensure by Endorsement 61H1-31.009 Renewal of Accountancy Firm License Fee 61H1-31.010 Initial Accountancy Firm License Fees 61H1-31.011 Licensure and Exam Score Verification Fee 61H1-31.012 Duplicate License Fee 61H1-31.014 Continuing Education Course Approval Fees 61H1-31.015 Reinstatement of a Null and Void License Fee 61H1-31.001 Collection and Payment of Fees. All fees shall be made payable to the Department of Business and Professional Regulation. Application fees will not be refunded in the event an application is withdrawn or denied. Rulemaking Authority 455.213, 473.305 FS. Law Implemented 455.219, 473.305 FS. History–New 12-4-79, Amended 2-3-81, 3-4-82, 11-6-83, 3-29-84, Formerly 21A-31.01, Amended 6-4-86, 9-16-87, 2-1-88, 8-30-88, 2-6-89, 12-18-89, 12-28-89, 8-16-90, 4-8-92, 12-2-92, Formerly 21A-31.001, Amended 11-4-93, 2-14-95, 11-3-97, 6-22-98, 10-28-98, 7-15-99, 4-3-02, 1-27-04, 1-31-05, 7-14-05, 4-9-06, 12-3-06, 4-29-07, 9-24-07, 2-24-08, 8-20-09, 12-10-09, 1-7-13. 61H1-31.002 Examination Application Fee. The application fee to sit for the CPA examination shall be $50.00. Once the applicant has been approved to sit for the examination as a Florida candidate, it is the applicant’s responsibility to complete the examination process with the national vendor and pay any examination fee required by the vendor. Rulemaking Authority 473.305 FS. Law Implemented 473.305 FS. History–New 1-7-13, Amended 4-23-20. 61H1-31.003 Renewal of Active and Inactive License Fee for CPA. For individual active and inactive status licenses, the biennial renewal fee provided for in Section 473.305, F.S., shall be $100.00, with the exception that for the 2018 and 2019 renewal periods, the fee shall be $90.00. A special fee of $5.00 per licensee shall be imposed upon initial licensure and at each renewal to fund efforts to combat unlicensed activity. Rulemaking Authority 455.219(1), 455.2281, 455.271, 473.305, 473.311, 473.313 FS. Law Implemented 455.219(1), 455.271, 473.305, 473.311, 473.313 FS. History–New 1-7-13, Amended 6-18-18. 61H1-31.004 Delinquency Fee. A delinquent status licensee shall pay a delinquency fee of $25.00 when the licensee applies for active or inactive status. Rulemaking Authority 455.271, 473.305 FS. Law Implemented 455.271, 455.2281, 473.305 FS. History–New 1-7-13, Amended 10-12-17. 61H1-31.005 Initial Licensure Fee. The fee for initial licensure of an individual shall be $50.00. In the event the application is denied or withdrawn, no portion of the fee shall be refunded by the Department. A special fee of $5.00 per licensee shall be imposed upon initial licensure and at each renewal to fund efforts to combat unlicensed activity. Rulemaking Authority 455.213, 455.219, 455.271, 473.305 FS. Law Implemented 455.219, 455.2281, 455.271, 473.305 FS. History–New 1-7-13. 61H1-31.006 Reactivation Fee. (1) The application fee for reactivation of an inactive status license to active status shall be $250.00; for reactivation of a delinquent status license to active, $250.00. In all cases completion of the requirements of Rule 61H1-33.006, F.A.C., shall be required for reactivation. (2) The application fee for reactivation of a retired status license to active status shall be $250.00. Applicants seeking reactivation of a retired license shall comply with the requirements of paragraph 61H1-30.060 (7)(b), F.A.C. Rulemaking Authority 473.305, 473.313 FS. Law Implemented 473.305, 473.313 FS. History–New 1-7-13, Amended 10-28-24. 61H1-31.0065 Change of Status Process Fee. The fee for processing a licensee’s request to change licensure status from active to inactive at any time other than during the renewal period shall be $50.00. Rulemaking Authority 473.305, 473.313 FS. Law Implemented 473.305, 473.313 FS. History–New 1-7-13. 61H1-31.007 Temporary License Fee. The fee for a temporary license shall be $400.00 for the first license in a calendar year and $400.00 for each additional application in the same calendar year. Rulemaking Authority 473.305, 473.314 FS. Law Implemented 473.305, 473.314 FS. History–New 1-7-13. 61H1-31.0075 Temporary License Fee – Electronic Practice. Rulemaking Authority 473.304, 473.305, 473.314 FS. Law Implemented 473.305, 473.314, 473.3141 FS. History–New 1-7-13, Repealed 5-28-18. 61H1-31.008 Licensure by Endorsement. The application fee for license by endorsement provided in Section 473.308, F.S. shall be $250.00 per person. Rulemaking Authority 473.305 FS. Law Implemented 473.305, 473.308, 473.3141 FS. History–New 1-7-13. 61H1-31.009 Renewal of Accountancy Firm License Fee. (1) The biennial renewal fee provided in Section 473.305, F.S., for partnerships, corporations, and limited liability companies licensed in Section 473.3101, F.S. shall be $145.00. (2) The biennial renewal fee provided in Section 473.305, F.S., for sole proprietor firms licensed in Section 473.3101, F.S. shall be $45.00. (3) A special fee of $5.00 per licensee shall be imposed at each renewal to fund efforts to combat unlicenced activity. Rulemaking Authority 473.305 FS. Law Implemented 473.305, 473.3101 FS. History–New 1-7-13, Amended 11-21-13. 61H1-31.010 Initial Accountancy Firm License Fees. (1) The initial licensure fee provided in Section 473.305, F.S., for partnerships, corporations, and limited liability companies licensed in Section 473.3101, F.S. shall be $145.00. (2) The initial licensure fee provided in Section 473.305, F.S., for sole proprietor firms licensed in Section 473.3101, F.S. shall be $45.00. (3) Persons, partnerships and corporations licensed in the first year of the biennial period, as established by the Department, shall pay the fees established above. Those persons, partnerships and corporations licensed in the second year of the biennial period, as established by the Department, shall pay one half of the fees established above. (4) A special fee of $5.00 per licensee shall be imposed upon initial licensure and at each renewal of fund efforts to combat unlicenced activity. Rulemaking Authority 473.305 FS. Law Implemented 473.305, 473.3101, 455.2281 FS. History–New 1-7-13, Amended 11-21-13. 61H1-31.011 Licensure and Exam Score Verification Fee. The fee for verification of licensure and examination status to other states shall be $50.00. In the event the verification request is completed using the Department of Business and Professional Regulation’s Online Certification system there will be no charge. Rulemaking Authority 455.217, 473.305 FS. Law Implemented 455.217, 473.305, 473.308 FS. History–New 1-7-13, Amended 3-23-14. 61H1-31.012 Duplicate License Fee. Duplicate licensee fee – If a Florida certified public accountant requests a duplicate license or wall certificate, the Board will issue the duplicate if the request is made in writing and is accompanied by a payment of $25.00. Rulemaking Authority 455.219(5), 473.305 FS. Law Implemented 455.219(5), 473.305 FS. History–New 1-7-13. 61H1-31.014 Continuing Education Course Approval Fees. For approval of a continuing education course in ethics, meeting the requirements of Section 473.312(1)(c), F.S., $250.00. Rulemaking Authority 455.2179, 473.305 FS. Law Implemented 455.2179, 473.305, 473.312 FS. History–New 1-7-13, Amended 8-7-13. 61H1-31.015 Reinstatement of a Null and Void License Fee. Upon approval of the board, reinstatement of a null and void license must be accompanied by an application fee of $250.00. The completion of the requirements of Rule 61H1-33.006, F.A.C. shall be required for reinstatement. Rulemaking Authority 455.271, 473.305, 473.313 FS. Law Implemented 455.271, 473.305, 473.313 FS. History–New 1-7-13.

Chapter 61H1-33 REESTABLISHMENT OF PROFESSIONAL KNOWLEDGE AND COMPETENCY

Fla. Admin. Code R. 61H1-33 REESTABLISHMENT OF PROFESSIONAL KNOWLEDGE AND COMPETENCY

CHAPTER 61H1-33 REESTABLISHMENT OF PROFESSIONAL KNOWLEDGE AND COMPETENCY 61H1-33.001 Certified Public Accountants Required to Comply with this Chapter 61H1-33.002 Organization and Administration 61H1-33.003 Continuing Professional Education 61H1-33.0031 Continuing Professional Education/Ethics 61H1-33.0032 Board Approval of CPA Ethics Continuing Education by Providers 61H1-33.0033 Obligations of CPA Ethics Course Continuing Education Providers 61H1-33.0034 Evaluation of CPA Ethics Course Providers 61H1-33.00341 Duration of CPA Ethics Course Provider Status 61H1-33.00342 CPA Ethics Courses – Standards for Approval of Courses 61H1-33.0035 Continuing Professional Education/Governmental Auditing 61H1-33.006 Inactive or Delinquent Florida Certified Public Accountants Who Desire to Become Active Licensees 61H1-33.0065 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States (Repealed) 61H1-33.007 Reactivation of Inactive Licenses (Repealed) 61H1-33.008 Permanent Retirement Defined (Repealed) 61H1-33.009 Relicensure of Expired Licenses (Repealed) 61H1-33.001 Certified Public Accountants Required to Comply with this Chapter. (1) Each Florida certified public accountant shall be required to reestablish his/her professional knowledge and competency in conformity with this rule by the completion of continuing professional education programs. (2) Pursuant to Section 473.311(1)(b), F.S., a Florida licensed certified public accountant, who is not a resident of Florida and is licensed in another state, may satisfy Florida’s CPE requirements by completing the CPE requirements of the state where the licensee’s office is located and by completing a Florida Board-approved ethics course. If the state where the licensee’s office is located does not have continuing professional education requirements, the licensee must comply with the requirements set forth in paragraph 61H1-33.003(1)(b), F.A.C. (3) See Rule 61H1-33.006, F.A.C., for reinstatement of inactive Florida certified public accountants who desire to become active Florida certified public accountants, and the requirements related to continuing professional education. Rulemaking Authority 473.304, 473.311, 473.312, 473.313 FS. Law Implemented 473.311, 473.312, 473.313 FS. History–New 12-4-79, Amended 2-3-81, 12-19-82, Formerly 21A-33.01, Amended 4-8-86, Formerly 21A-33.001, Amended 5-24-07, 11-18-07, 12-10-09, 9-7-22. 61H1-33.002 Organization and Administration. There is created the Committee on Continuing Professional Education. Subject to the approval of the Board, said Committee shall: (1) Evaluate and determine, either prospectively or retrospectively, whether specific courses, programs, education and training qualify as formal programs of learning which contribute directly to professional competency of an individual following licensure to practice public accounting, and the credit to be granted therefore; (2) Determine in individual cases whether professional knowledge and competency have been reestablished by virtue of the completion of such programs; and (3) Audit the continuing professional education records of Florida certified public accountants on a sample basis from time to time. Rulemaking Authority 473.304, 473.312 FS. Law Implemented 473.312 FS. History–New 12-4-79, Amended 2-3-81, 7-2-85, Formerly 21A-33.02, 21A-33.002, Amended 10-26-09. 61H1-33.003 Continuing Professional Education. (1)(a) Each Florida certified public accountant’s reestablishment period shall commence on the date indicated on the licensee’s Florida certificate. The initial designated reestablishment period for each Florida certified public accountant shall end on the third June 30th following the date indicated on the licensee’s Florida certificate. Each succeeding reestablishment period shall begin on July 1, and end on June 30, two years thereafter and ending in the year the license expires. (b) In any given reestablishment period, except as stated below in paragraph (1)(c) of this rule, each current/active Florida certified public accountant must have completed at any time or times during the two-year period, at least 80 hours of educational instruction or training in public accounting subjects or courses of study, as defined hereinafter, of which at least 8 hours must have been in accounting-related and/or auditing-related subjects and of which no more than 20 hours may be in behavioral subjects and at least four hours shall be in Florida Board-approved ethics. All CPE proof of completion must be reported in the DBPR On-Line Services portal on or before July 31 prior to their biennial license renewal. (c) Effective with the reestablishment period ending June 30, 2024, the licensee must report courses completed and provide proof of CPE completion in the DBPR On-Line Services portal on or before July 31 immediately following the reestablishment period and prior to their biennial license renewal. (d) A nonresident Florida licensed certified public accountant seeking renewal of a Florida license may provide proof of CPE completion in the State where the licensee’s office is located by submission of the Out of State Licensee CPE Acknowledgement Form (DBPR CPA 14, effective April 2023), which is incorporated by reference in Rule 61-35.003, F.A.C., and proof of completion of a Florida Board-approved ethics course in the DBPR On-Line Services portal prior to renewal. (e) Florida certified public accountants who do not meet the requirements by June 30th will be granted an automatic extension until September 15th provided the licensee submits proof of CPE completion in the DBPR On-Line Services portal for an additional eight hours in Accounting and Auditing subjects, totaling 88 hours of completed CPE on or before the extension date. An automatic extension will be granted until December 31st provided the licensee submits proof of CPE completion in the DBPR On-Line Services portal for an additional 16 hours in Accounting and Auditing subjects, totaling 96 hours of completed CPE on or before the extension date. (2) Educational instruction or training in public accounting subjects or courses of study is hereby defined as formal programs of learning as defined below, which contribute directly to professional competency following licensure to practice public accountancy. Subjects or courses of study qualifying an individual for the purposes of this shall be limited to: (a) Accounting and auditing subjects to consist of: Accounting and financial reporting subjects, the body of knowledge dealing with recent pronouncements of authoritative accounting principles issued by the standard-setting bodies, and any other related subject generally classified within the accounting discipline. Subjects include auditing subjects related to the examination of financial statements, operations systems, and programs; the review of internal and management controls; and the reporting on the results of audit findings, compilation and review. It also includes assurance services that relate to Standards for Attest Engagements. (b) Technical business subjects to consist of:

1. Taxation including tax compliance and tax planning.
2. Consulting services including management advisory services; personal financial planning services; planning and control systems dealing with planning, organizing and controlling any phase of individual financial activity or business activity; designing, implementing, and evaluating operating systems as well as business advisory services and personal financial planning.
3. Management including practice management for the public practitioner; financial management of an organization including information systems, budgeting and asset management, planning, buying and selling businesses, contracting for goods and services and foreign operation; budgeting; cost analysis; human resource management; and financial management.
4. Specialized knowledge and applications including subjects related to specialized industries such as not for profit organizations, health care, oil and gas. (c) The ethics courses shall be obtained from a provider approved pursuant to Rule 61H1-33.0032, F.A.C., and consist of:
5. A review of Chapters 455 and 473, F.S., and the related administrative rules.
6. The ethics course may include other subjects including but not limited to: ethical conduct, core values and competencies, professional responsibility, responsibility to clients and the public, case studies that require the application of ethics principles, national professional standards and interpretations, and appropriate national issues related to the practice of accounting. (d) Behavioral subjects including oral and written communications and the social environment of business. All courses not covered above are considered behavior except for business meetings, social functions, committee service and courses in elementary accounting or basic mathematics which do not qualify for credit. (3) Credit may be prorated by the sponsor for courses that cover more than one area of study by (1) prorating the amount of time spent in each area or (2) awarding credit based on the lowest topic covered with accounting and auditing being the highest and behavioral the lowest. Therefore an eight-hour course that was 75% accounting and auditing and 25% management would receive six (6) hours of accounting and auditing credit and two (2) hours of technical business or eight (8) hours of all technical business. Hours cannot be prorated in less than half-hour increments. (4) In order for a Florida certified public accountant to receive credit for programs of learning, as defined above, the following formalities and further requirements must be met: (a) Courses taken at institutions of higher education:
7. Higher education credit courses taken from an accredited institution as defined in subsection 61H1-27.001(1), F.A.C., shall be credited for continuing professional education purposes at the rate of 15 hours for each semester hour of higher education credit and 10 hours for each quarter hour of higher education credit, provided the number of contact hours (hours in the classroom) totals at least 90% of the continuing professional education credit so determined. Otherwise, continuing professional education credit shall be limited to the actual number of contact hours.
8. Higher education non-credit courses shall be credited for continuing professional education purposes equivalent to the actual number of contact hours.
9. Continuing professional education credit for instructing a higher education course shall be twice the credit which would have been granted participants for the first presentation of a specific course of program, the same as the credit granted a participant for the second presentation and none thereafter, except as permitted by subparagraph 61H1-33.003(4)(b)4., F.A.C.
10. No continuing professional education credit shall be permitted for attending or instructing accounting courses considered to be elementary.
11. To receive instructor credit for courses taught, licensees must submit a completed DBPR CPA 13, Instructor CPE Credit Reporting Form, effective April 2023, which is incorporated by reference in Rule 61-35.003, F.A.C. (b) Other professional education or training:
12. Professional development courses shall be credited for continuing professional education purposes in increments of not less than one half hour, equivalent to the actual number of contact hours (hours in the classroom which must include at least fifty minutes of continuous participation per contact hour or twenty-five minutes per contact half hour) provided an outline (defined as a schedule of activity listing major topics of discussion) is prepared in advance and retained; a course is at least one contact hour or half hour in length; the course conducted by a qualified instructor, lecturer or discussion leader; and a record of registration and attendance is maintained. For this purpose, a one-day program will be granted eight hours credit if the total lapsed time is at least eight hours and the contact time is approximately 400 minutes. An instructor, lecturer or discussion leader will be considered qualified if, through formal training or experience, he has obtained sufficient knowledge of the subject matter to competently instruct the course. A course participant will be granted credit for only that portion of a course actually attended. If a record of registration and attendance is not maintained by the sponsoring organization, the course participant must be able to prove registration and attendance.
13. Formal organization in-firm educational programs shall be credited for continuing professional education purposes to the same extent and by the same requirements as other professional development courses.
14. Instructors, lecturers, panelists and discussion leaders for professional development courses and formal organized in-firm educational programs shall be credited for continuing professional education purposes at twice the credit granted participants for the first presentation of a specific course or program, the same as the credit granted a participant for the second presentation and none thereafter, except as permitted in subparagraph 61H1-33.003(4)(b)4., F.A.C. Co-panelists and co-discussion leaders shall be credited for the portion of specific course or program they must prepare to discuss and lead as a co-panelist or co-discussion leader.
15. To the extent course content has been substantially revised, the revised portion shall be considered a first presentation for the purposes of subparagraph 61H1-33.003(4)(b)3., F.A.C.
16. Credit may be granted to an author for published materials related to an Accounting, Assurance, Tax or Technical Business topic in a journal listed in or published by the (1) Australian Business Deans Council Journal Quality List, (2) Cabells, (3) American Accounting Association, (4) any state or national society of CPAs and (5) any textbook addressing accounting, assurance, tax or technical business topic that would otherwise qualify as continuing professional education. No authorship hours may apply to fulfill the ethics requirement. Credit will not be granted for repeated publishing of the same material. The maximum number of continuing professional education hours in any re-establishment period for authorship is 20 hours. The Continuing Professional Education Advisory Committee of the Board shall determine the hours granted for each publication submitted and the day of their approval shall serve as the date of awarded credit for reporting purposes. (5) As a part of each licensee’s biennial license renewal, each Florida certified public accountant shall comply with the continuing professional education requirements during the applicable reestablishment period, and upload proof of CPE completion to the DBPR On-Line Services Portal. Each Florida certified public accountant’s proof of CPE completion shall be retained for at least two years following a two-year reestablishment period and be made available if requested for a random audit by the Department of Business and Professional Regulation (DBPR) to determine compliance with the requirements. Proof of CPE completion for each course shall be in a format as prescribed by the Board in subsection 61H1-20.001(9), F.A.C. (6) If staff review or review by the Committee on Continuing Professional Education determines that courses are either improperly classified by the provider or do not otherwise meet the requirements of the chapter, then the Florida certified public accountant shall be notified and given 60 days from the date of notification to comply with the continuing professional education requirements. Failure to timely correct the error consititutes grounds for disciplinary action pursuant to Section 455.227 or 473.323, F.S. (7) Sponsors of formal correspondence or other individual study technical business and accounting and auditing programs must be approved by the National Association of State Board of Accountancy Quality Assurance Service. Rulemaking Authority 455.213(7), 455.2179, 473.304, 473.312 FS. Law Implemented 455.213(7), 455.2179, 473.312(1)(a), (b), (c) FS. History–New 12-4-79, Amended 2-3-81, 4-5-83, 10-19-83, 8-20-85, Formerly 21A-33.03, Amended 9-18-88, 7-7-92, 12-2-92, Formerly 21A-33.003, Amended 12-14-93, 1-26-98, 12-17-00, 8-21-01, 3-21-05, 5-18-05, 7-10-05, 7-23-06, 12-10-09, 7-7-10, 11-7-12, 8-7-13, 4-21-16, 11-3-19, 10-20-20, 12-23-21, 8-6-23, 10-26-23. 61H1-33.0031 Continuing Professional Education/Ethics. (1) A Florida certified public accountant must complete no less than four of the total hours required for any reestablishment period in ethics from a provider approved pursuant to Rule 61H1-33.0032, F.A.C. (2) In the event the four hours is completed in two modules, Florida certified public accountants must complete the four-hour requirement with the same provider. Rulemaking Authority 455.213(7), 473.304, 473.312 FS. Law Implemented 455.213(7), 473.312(1)(a), (c) FS. History–New 5-18-05, Amended 10-26-09. 61H1-33.0032 Board Approval of CPA Ethics Continuing Education by Providers. (1) Applicants for continuing education provider status to offer courses which satisfy the four (4) hour certified public accountant continuing education ethics requirement in Section 473.312(1)(c), F.S., must meet the requirements of subsections (2) and (3) of this rule. (2) To demonstrate the education and/or the experience necessary to offer courses which satisfy the CPA continuing education ethics requirement, an applicant for continuing education provider status must be a regionally accredited educational institution, a commercial educator, a governmental agency, a state or national certified public accounting professional association whose purpose includes fostering ethical conduct and promoting standards of independence, integrity, and objectivity in the certified public accounting profession, a certified public accountant who has not been disciplined by the Board, or a certified public accounting firm. (3) To allow the Board to evaluate an application for continuing education provider status, the applicant must submit the following: (a) The name, address and telephone number of the prospective provider; (b) A description of the ethics course the provider expects to conduct for credit to include a review of Chapters 455 and 473, F.S., the related administrative rules, and topics including but not limited to: ethical conduct, core values and competencies, professional responsibility, responsibility to clients and the public, case studies that require the application of ethics principles, national professional standards and interpretations, and appropriate national issues related to the practice of accounting; (c) A description of the staffing capability of the applicant; (d) A sample of intended course materials; (e) A list of anticipated locations to conduct the courses; (f) A complete course curriculum; (g) A description of the means the applicant will use to update the course in response to rule or law changes; and (h) Documentation that the ethics course instructor will notify the ethics course provider of any disciplinary action taken against the instructor by the Board. (4) Should the Board determine that the provider has failed to provide appropriate continuing education services, it shall request that the Department issue an order requiring the provider to cease and desist from offering certified public accountant ethics continuing education courses and shall request that the Department revoke any approval of the certified public accountant ethics course provider granted by the Board. (5) No provider may allow any certified public accountant to conduct any certified public accountant ethics course or seminar offered by the provider if that certified public accountant has been disciplined. Upon receipt of notice from an instructor that the instructor has been disciplined, the provider shall, within fourteen (14) days, write to the Board office and confirm that the instructor is no longer conducting certified public accountant ethics courses or seminars offered by the provider. For the purpose of this subsection, a letter of guidance shall not constitute “discipline.” (6) The Board retains the right and authority to audit and/or monitor programs and review records and course materials given by any provider approved pursuant to this rule. The Board shall revoke the approved status of the ethics course provider or reject individual ethics courses given by an ethics course provider if the provider disseminated any false or misleading information in connection with the continuing education programs, or if the provider fails to conform to and abide by the rules of the Board. Rulemaking Authority 455.213(7), 455.2178, 455.2179, 473.304, 473.312 FS. Law Implemented 455.213(7), 455.2178, 455.2179, 473.312(1)(a), (c) FS. History–New 6-30-05, Amended 9-24-07, 12-11-07, 12-10-09, 1-7-13. 61H1-33.0033 Obligations of CPA Ethics Course Continuing Education Providers. To maintain an approved status as an ethics course continuing education provider, the provider must: (1) Retain documentation that the course instructor is a certified public accountant who has practiced in a public accounting firm for five of the last ten years, whose background, training, education or experience makes it appropriate for the person to teach the course. (2) Require each Florida certified public accountant to complete the entire four-hour certified public accounting ethics course requirement in order to receive proof of CPE completion. Offer the four-hour certified public accounting ethics course in one module of four credit hours or two modules of two credit hours. (3) Furnish each attendee with an individual proof of CPE completion certificate in a format to include approved course title and completion date, number of hours earned, attendee name, DBPR course approval number, DBPR ethics provider number, and signature by the provider furnishing said certificate after successful completion of the course. An attendance record shall be maintained by the provider for four years and shall be available for inspection by the Board. Providers shall maintain security of attendance records and attendance records. (4) Ensure that all promotional material for courses or seminars offered to Florida certified public accountants for credit contain the certified public accountant DBPR course approval number, DBPR ethics provider number, and course title. (5) Allow only one hour credit for each hour of classroom, audio or video instruction, an “hour of classroom, audio or video instruction” being a minimum of 50 minutes instruction or presentation. (6) Allow only one hour of credit for each “hour of correspondence study.” The “hour of correspondence study” must be based on the average completion time of each course as established by the provider. (7) Provide a written examination to each participating Florida certified public accountant in correspondence study courses. In order to complete the course, the Florida certified public accountant must sign and date the examination and receive a minimum grade of eighty percent (80%). If a Florida certified public accountant fails the examination, the Florida certified public accountant will be permitted to take the examination again in order to achieve a passing grade. (8) Ensure that all correspondence or other individual study courses are approved by the National Association of State Boards of Accountancy Quality Assurance Service. (9) Notify the Board within thirty (30) days of any change in the address or telephone number of the provider. (10) Allow the Board to have access to information concerning courses or seminars conducted by the provider for continuing education credit. Rulemaking Authority 455.213(7), 455.2178, 455.2179, 473.304, 473.312 FS. Law Implemented 455.213(7), 455.2178, 455.2179, 473.312(1)(a), (c) FS. History–New 5-18-05, Amended 10-26-09, 11-7-12, 9-7-22. 61H1-33.0034 Evaluation of CPA Ethics Course Providers. The Board or its designee reserves the right to evaluate continuing education ethics courses or seminars offered to certified public accountants for credit by the following methods: (1) Observing such ethics courses or seminars; and (2) Reviewing the files of the provider to gain information about any course or seminar offered to certified public accountants for ethics course credit. Rulemaking Authority 455.213(7), 455.2178, 455.2179, 473.304, 473.312 FS. Law Implemented 455.213(7), 455.2178, 455.2179, 473.312(1)(a), (c) FS. History–New 5-18-05. 61H1-33.00341 Duration of CPA Ethics Course Provider Status. (1) Continuing education providers are approved only for the biennium during which their application was received and approved. Providers must reapply for approved provider status at the beginning of each biennium. The biennium for continuing education providers ends on June 30th of each odd-numbered year. (2) The Board shall notify certified public accountant ethics course providers at least ninety (90) days prior to the date of expiration of the provider status. (3) A provider must reapply for approval at least sixty (60) days prior to the date of expiration of provider status in order to prevent a lapse in provider status. Rulemaking Authority 455.213(7), 455.2178, 455.2179, 473.304, 473.312 FS. Law Implemented 455.213(7), 455.2178, 455.2179, 473.312(1)(a), (c) FS. History–New 5-18-05. 61H1-33.00342 CPA Ethics Courses – Standards for Approval of Courses. (1) In order to meet the requirements of paragraph 61H1-33.0032(3)(b), F.A.C., each approved CPA Ethics Course Provider shall submit a syllabus of each ethics course for which it seeks Board approval. The syllabus shall include a description of the manner by which the course (including its various components) meets the requirements of this rule. (2) The syllabus of the course shall include the following: (a) A description of each subject to be covered during the presentation of the course with the estimated time to be spent addressing each subject, the individual(s) who will be responsible for presenting each subject, a listing of the sources (through a bibliography or notes) from which the course material addressing each subject is drawn, and any tests, quizzes or exercises provided during the offering of the course; (b) The manner in which the course complies with the requirements of Section 473.312(1)(c), F.S. In order to meet this requirement the course shall be limited to addressing the ethical and professional responsibilities of CPAs with emphasis on ethical conduct, core values and competencies, professional responsibility, responsibility to clients and the public, case studies that require the application of ethics principles, national professional standard and interpretations, and appropriate national issues related to the practice of accounting. Practice-oriented programs are preferred insofar as such programs involve the CPA in the process of the practice of public accountancy. Courses should be structured to confront the question, “How will you handle this situation when it occurs in your practice?” (c) The course shall include a review of Chapters 455 and 473, F.S., and the related administrative rules. (3) A provider may meet the requirements set forth herein through various generally accepted methodologies. Thus, lectures, case studies, discussion groups, interactive studies and other recognized methods may be utilized. Additionally, providers may target specific areas of CPA practice in each course submitted for approval. A provider may offer a course module which, for example, addresses CPA ethics and professionalism in Tax Practice or Managerial Accounting as well as other areas of practice. (4) Upon receipt of the syllabus required in subsection 61H1-33.00342(2), F.A.C., the Board will review the course to determine whether it complies with this rule, the provisions of Section 473.312(1), F.S., and the CPA Ethics Provider Rules set forth in Chapter 61H1-33, F.A.C. If the Board rejects a course in whole or in part, a provider will be offered the option of modifying the course or withdrawing the course and resubmitting the course for approval. However, all courses submitted for approval must be submitted at least sixty (60) days prior to either the ending of the provider’s approval as a CPA Ethics Course Provider as set forth in Rule 61H1-33.00341, F.A.C., or sixty (60) days prior to the initial date the course will be taught–whichever occurs earlier. Rulemaking Authority 455.2177, 455.2178, 455.2179, 473.304, 473.312 FS. Law Implemented 455.2177, 455.2178, 455.2179, 473.312(1)(a), (c) FS. History–New 7-10-05. 61H1-33.0035 Continuing Professional Education/Governmental Auditing. (1) Any certified public accountant who is involved in governmental audits shall be required to comply with the continuing professional education (CPE) requirements imposed by Government Auditing Standards 2018 Revision commonly referred to as the “Yellow Book,” which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13319 or at http://www.gao.gov/yellowbook, if during the engagement: (a) The certified public accountant is the in charge person, or (b) The certified public accountant reviews the working papers or report or both, or (c) The certified public accountant supervises others, or (d) The certified public accountant is the only certified public accountant performing the work. (2) Certified public accountants conducting audits controlled by either paragraph (a) or (b) below, shall be required to take 24 hours of governmental CPE and shall be required to comply with the CPE requirements imposed by Government Auditing Standards. (a) Government Auditing Standards, 2018 Revision, as referenced in subsection (1) of this rule. (b) The Rules of the Auditor General, Chapter 10.550, as referenced in Rule 61H1-20.0093, F.A.C. (3) The required 24 hours of governmental CPE may be used to meet the courses required in paragraph 61H1-33.003(1)(a), F.A.C., provided they meet the requirements of subsection 61H1-33.003(2), F.A.C. Rulemaking Authority 473.312(3) FS. Law Implemented 473.312(3) FS. History–New 8-22-90, Amended 7-7-92, Formerly 21A-33.0035, Amended 5-26-96, 4-13-08, 12-10-09, 7-27-21. 61H1-33.006 Inactive or Delinquent Florida Certified Public Accountants Who Desire to Become Active Licensees. (1) Each Florida certified public accountant who has requested inactive status or became delinquent, as distinguished from a Florida certified public accountant whose certificate or license has been suspended, who desires to become an active Florida certified public accountant, i.e., engage or reengage in the practice of public accounting in Florida, shall apply for such reactivation by completing and submitting to the Department, the CPA Change of Status Form (DBPR CPA 7), which is incorporated by reference in Rule 61-35.003, F.A.C., and available on the Department’s website and the Board office located at 240 N.W. 76th Drive, Suite A, Gainesville, FL 32607-6655. (2) However, if a licensee completed, reported, and provided proof of CPE completion in the DBPR On-line Services Portal pursuant to Rule 61H1-33.003, F.A.C., but their license is delinquent on January 1 for failure to report compliance with continuing professional education requirements and pay renewal fees by the preceding December 31st, a licensee may reactivate, pursuant to Section 473.311, F.S., by certifying the required hours have been completed and by paying the renewal and reactivation fees required by Rules 61H1-31.003, 61H1-31.004 and 61H1-31.006, F.A.C., by March 15 of the same year of the delinquency. (3) For a licensee to reactivate a delinquent license after March 15 of the same year of the delinquency or to reactivate an inactive license at any time, their application shall include proof of CPE completion of the required number of continuing professional education hours as follows: Accounting/Auditing Ethics Behavioral Total Hours

At least 30 hours At least 8 hours of Florida Board-approved ethics. No more than 30 hours 120 Hours

(4) All continuing professional education courses must be completed no more than 24 months immediately prior to the date of the application for reactivation. (5) The first establishment period after reactivation shall commence on the following June 1st and the initial designated reestablishment date shall be the third June 30th following reactivation. Rulemaking Authority 455.271, 473.304, 473.312, 473.313 FS. Law Implemented 455.271, 473.312, 473.313, 559.79 FS. History–New 12-4-79, Amended 2-3-81, 11-6-83, 3-29-84, 8-20-85, Formerly 21A-33.06, Amended 4-8-86, 12-28-89, 10-16-90, Formerly 21A-33.006, Amended 12-14-93, 5-26-96, 7-23-06, 12-10-09, 7-7-10, 12-3-13, 7-29-18, 10-15-19, 12-23-21, 9-7-22. 61H1-33.0065 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States. Rulemaking Authority 455.02(2) FS. Law Implemented 455.02(2) FS. History–New 7-13-04, Amended 10-26-09, Repealed 1-12-21. 61H1-33.007 Reactivation of Inactive Licenses. Rulemaking Authority 473.304, 473.313 FS. Law Implemented 473.313 FS. History–New 8-9-82, Amended 11-6-84, Formerly 21A-33.07, Amended 4-8-86, Formerly 21A-33.007, Repealed 7-23-03. 61H1-33.008 Permanent Retirement Defined. Rulemaking Authority 473.304, 473.313 FS. Law Implemented 473.313 FS. History–New 10-25-84, Amended 5-12-85, Formerly 21A-33.08, Amended 12-2-92, Formerly 21A-33.008, Repealed 1-11-95. 61H1-33.009 Relicensure of Expired Licenses. Rulemaking Authority 473.304, 473.313 FS. Law Implemented 473.313 FS. History–New 10-25-84, Formerly 21A-33.09, 21A-33.009, Repealed 1-30-96.

Chapter 61H1-34 PERSONS OTHER THAN CERTIFIED PUBLIC ACCOUNTANTS

Fla. Admin. Code R. 61H1-34 PERSONS OTHER THAN CERTIFIED PUBLIC ACCOUNTANTS

CHAPTER 61H1-34 PERSONS OTHER THAN CERTIFIED PUBLIC ACCOUNTANTS 61H1-34.001 Preparation of Financial Statements by Persons Other than Certified Public Accountants or Inactive Certified Public Accountants 61H1-34.002 Notice to Public by Non-Licensed Persons 61H1-34.001 Preparation of Financial Statements by Persons Other than Certified Public Accountants or Inactive Certified Public Accountants. (1) As provided in Section 473.322, F.S., persons other than certified public accountants or certified public accountants on inactive status may prepare financial statements and submit them to others provided that: (a) Such financial statements are issued without attestation as an expert in accountancy as to the reliability or fairness of the presentations shown therein or expression of opinion as defined in Rule 61H1-20.005. (b) Such financial statements, or reports, transmittal letters or other written communication issued or associated with financial statements, shall not in any manner whatsoever state, show, claim or imply that the financial statements resulted from an audit examination or review. (c) Any report, transmittal letter or other written communication issued with such financial statements, in addition to setting forth an address, salutation and reference to the completion and submission of a tax return, may identify and list the financial statements submitted, state that the financial statements are unaudited or prepared without audit from the records or books of account, and state that such financial statements are in agreement or have been reconciled with the tax return. (d) Any such report, transmittal letter or other written communication issued with the financial statements as provided in subparagraph (c) above may also contain a listing of procedures (as distinguished from auditing procedures or standards and accounting principles or standards) used in preparing the financial statements, provided:

1. the procedures listed are not so extensive, or the listing worded in such manner, as to claim or imply that the financial statements are the result of an audit or examination performed in accordance with generally accepted auditing standards or a review as contemplated by standards for accounting and review services; and
2. the description of the procedures does not use words or terminology which connote or relate to an audit or examination in accordance with generally accepted auditing standards or the presentation of financial statements in conformity with generally accepted accounting principles (e.g., words or terminology such as audit, examination, opinion, certificate, certify, fairly present, auditing procedure, auditing standard, audit test, test of accounting records, accounting principle or standard, generally accepted auditing standard, generally accepted accounting principle or standard).
3. the listing of such procedures is followed by the statement, "these procedures do not constitute an audit or examination of these financial statements in accordance with generally accepted auditing standards, nor do they imply either an expression of opinion, or disclaimer of opinion, as to the fairness of the presentation of the financial statements or their conformity with generally accepted accounting principles" or a statement or words to that effect. (2) The preparation of tax returns by persons other than certified public accountants, which is permitted by Section 473.322, F.S., may not include the preparation of financial statements and submission to others except in accordance with the guidelines contained in paragraph (1) above. Specific Authority 473.304, 473.323 FS. Law Implemented 473.302(7)(b), 473.322 FS. History–New 12-4-79, Formerly 21A-34.01, 21A-34.001, Amended 2-3-94, 1-11-95, 10-28-98.

61H1-34.002 Notice to Public by Non-Licensed Persons. A person or firm that is not a certified public accountant or authorized to practice public accounting pursuant to the practice privileges granted in Section 473.3141, F.S., shall not hold itself out as engaged in or as qualified to engage in the practice of public accounting; and shall not assume or use the titles or designations “certified public accountant” or “public accountant” or, a “CPA” or any other title, designation, words, letters, abbreviations, sign, card or device tending to indicate licensure to practice public accounting. Any such person or firm that is a member of, or is associated with any association, society or other group of accountants or public accountants, shall when indicating such membership association include the words “Not registered with the Board of Accountancy,” “Not licensed by the Department of Business and Professional Regulation,” or similar words in letters of equal size and prominence to those indicating association, society or other group membership or affiliation. Rulemaking Authority 473.304, 473.323 FS. Law Implemented 473.322, 473.323 FS. History–New 12-4-79, Formerly 21A-34.02, 21A-34.002, Amended 12-10-09.

Chapter 61H1-35 FOREIGN LICENSURE EXAMINATION

Fla. Admin. Code R. 61H1-35 FOREIGN LICENSURE EXAMINATION

CHAPTER 61H1-35 FOREIGN LICENSURE EXAMINATION 61H1-35.001 Application for Foreign Licensure Examination (Repealed) 61H1-35.002 Examination to Foreign Speaking Florida Residents (Repealed) 61H1-35.001 Application for Foreign Licensure Examination. Rulemaking Authority 455.11, 473.304 FS. Law Implemented 455.11 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-35.01, 21A-35.001, Repealed 3-7-10. 61H1-35.002 Examination to Foreign Speaking Florida Residents. Rulemaking Authority 455.11, 473.304, 473.306 FS. Law Implemented 455.11, 473.306 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-35.02, 21A-35.002, Amended 12-10-09, Repealed 11-11-15.

Chapter 61H1-36 DISCIPLINE

Fla. Admin. Code R. 61H1-36 DISCIPLINE

CHAPTER 61H1-36 DISCIPLINE 61H1-36.001 Discipline (Repealed) 61H1-36.002 Return of Certificates or Licenses (Repealed) 61H1-36.003 Time for Payment of Civil Penalties (Repealed) 61H1-36.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances 61H1-36.005 Citations 61H1-36.0055 Minor Violation, Notice of Non-Compliance 61H1-36.006 Mediation 61H1-36.001 Discipline. Rulemaking Authority 473.304, 473.322, 473.323 FS. Law Implemented 473.322, 473.323 FS. History–New 12-4-79, Amended 1-20-85, Formerly 21A-36.01, Amended 10-20-86, 1-25-87, Formerly 21A-36.001, Amended 12-7-93, Repealed 1-30-96. 61H1-36.002 Return of Certificates or Licenses. Rulemaking Authority 473.304, 473.322, 473.323 FS. Law Implemented 473.322, 473.323 FS. History–New 12-4-79, Amended 2-3-81, Formerly 21A-36.02, 21A-36.002, Repealed 3-7-10. 61H1-36.003 Time for Payment of Civil Penalties. Rulemaking Authority 455.227(2), 473.304 FS. Law Implemented 455.227(2) FS. History–New 2-3-81, Formerly 21A-36.03, 21A-36.003, Repealed 11-11-15. 61H1-36.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances. (1)(a) The board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapter 473, F.S. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 473, F.S. The disciplinary guidelines are based upon a single count violation of each provision listed. The brief description of each violation is provided for quick reference and is not meant to convey all elements of any given statutory provsion; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty at the board’s discretion. (b) Standard probationary terms will include, as applicable, a review of the licensee’s practice, including analysis of selected financial statements (including working papers), restriction of the scope of the licensee’s practice and review of internal controls put in place by the licensee in order to eliminate the violation. All of the above will usually include the use of a CPA consultant employed by the Department of Business and Professional Regulation or approved by the Board and will usually require the licensee to assume the cost of the consultant’s activities. Additional continuing education may also be required of a licensee where deficiencies in a particular practice area are noted. In all cases of probation or suspension a report showing compliance with the terms of the final order must be received and accepted by the Board prior to the termination of the probation or suspension. Other specific terms of probation or suspension may be imposed, as necessary, by the Board. (2) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules: VIOLATION PENALTY RANGE

MINIMUM MAXIMUM

(a) Attempting to procure license by bribery or fraudulent misrepresentation (Sections 455.227(1)(h), 473.323(1)(b), F.S.) Revocation and $5,000 fine if licensed (denial of license and refer to State Attorney if not licensed)

(b) CPA License disciplined by another jurisdiction (Sections 455.227(1)(f), 473.323(1)(c), F.S.) Same penalty as imposed in other jurisdiction or imposition of same range of penalties as those set forth in those rules for the same type of violation

(c) Criminal conviction relating to accountancy (Sections 455.227(1)(c), 473.323(1)(d), F.S.) Misdemeanor: Reprimand

Felony: One (1) year suspension; two (2) year probation $5,000 fine Reprimand and $5,000 fine and two (2) year probation one (1) year suspension

Revocation and $5,000 fine

(d) Knowingly making or filing false report (Sections 455.227(1)(g), (1)(l), 473.323(1)(e), F.S.) Reprimand one (1) year probation Revocation and $5,000 fine Reprimand, one (1) year probation and $5,000 fine

(e) Fraudulent, false, deceptive or misleading advertising (Section 473.323(1)(f), F.S.) (Rule 61H1-24.001, F.A.C.) $250 fine $1,000 fine

(f) Incompetence (mental or physical impairment) (Section 473.323(1)(g), F.S.) Suspension until ability to practice proved, followed by probation

(g) Fraud, deceit or misleading (Sections 455.227(1)(a), (m), 473.323(1)(g), (k), F.S.) Reprimand, one (1) year suspension; two (2) years probation and $5,000 fine $5,000 fine and revocation

(h) Negligence or misconduct (Section 473.323(1)(g), F.S.) $250 fine Reprimand and one (1) year probation (continuing Education and review of practice at licensee’s expense and limited area of practice) and $5,000 fine

1.Technical standards and professional competence (Sections 455.227(1)(o), 473.315, F.S.) (Rule 61H1-21.006 and Chapter 61H1-22, F.A.C.) Reprimand, probation, and $500 fine Suspension and $5,000 fine

2. Lack of independence (sections 473.315, 473.3205, F.S.) (Rule 61H1-21.001, F.A.C.) Reprimand, one (1) year probation with review of practice and continuing education Revocation and $5,000 fine

3. Commissions and contingent fees (Rules 61H1-21.003, 61H1-21.005, F.A.C.) Reprimand One (1) year suspension, two (2) years probation and $2,500 fine

4. Client records disposition (Rule 61H1-23.002, F.A.C.) $250 fine Suspension until records are returned and $1,000 fine

(i) Practicing on suspended or revoked license (Section 473.323(1)(i), F.S.) Revoke if previously suspended; refer to State Attorney if previously revoked

(j) Practicing on inactive or delinquent license (Sections 455.271, 473.323(1)(i), F.S.) Reprimand and fine based on length of time in practice while inactive; $100/month or $5,000 maximum (penalty will require licensure or cease practice)

(k) Licensees practicing in an unlicensed firm (including sole proprietors) or otherwise in violation of (Sections 473.309, 473.3101, and 473.323(1)(g), F.S.) (Rule 61H1-26.001, F.A.C.) Reprimand and $100 per maximum of $5,000 and suspension of right to practice until corrected

(l) Suspension or revocation of right to practice in front of any state or federal agency, including the Public Company Accounting Oversight Board. (Sections 455.227(1)(f), 473.323(1)(j), F.S.) Same penalty as imposed by agency or imposition of same range of penalties as those set forth in those rules for the same type of violation

(m) Lack of Good Moral Character (Section 473.323(1)(l), F.S.) Reprimand; and one year probation Revocation

(n) Failure to pay fines or administrative cost imposed by final order or citations set for in Rule 61H1-36.005, F.A.C. $100 per month late fee for every month the licensee is late to a maximum of $5,000 Revocation

(o) Violation of CE requirements (Sections 473.323(1)(a) by 473.312 or 473.323(1)(h), 455.227(1)(q), F.S., by Rule 61H1-33.003 and/or 61H1-33.0035, F.A.C.) Reprimand, probation, make up missed CEs and penalty CEs Suspension and $1,000 fine

(p) Violation of client Confidentiality (Section 455.227(1)(q), F.S., by Rule 61H1-23.001, F.A.C.) Reprimand, probation, and $1,000 fine Revocation and $5,000 fine

(q) Misleading or deceptive name (section 473.321, F.S.) Reprimand, probation, and $1,000 fine Suspension and $1,000 fine

(r) Violation of Section 473.323(1)(a), F.S. by Section 473.322, F.S.:

1. Present license of another as one’s own (Section 473.322(1)(d), F.S.) Reprimand, probation, and $1,000 fine Revocation and $5,000 fine

2. Give false or forged evidence to Board or member thereof (Section 473.322(1)(e), F.S.) Reprimand, probation, and $1,000 fine Revocation and $5,000 fine

3. Use or attempt to use license that has been suspended, revoked, or placed on inactive or delinquent status (Section 473.322(1)(f), F.S.) Reprimand, probation, and $1,000 fine Revocation and $5,000 fine

4. Employ unlicensed persons to practice public accounting; aiding or assisting unlicensed practice public accounting (Section 473.322(1)(g), F.S.) Reprimand, probation, and $1,000 fine Suspension and $5,000 fine

5. Conceal information relative to violations of chapter 473, F.S. (Section 473.322(1)(h), F.S.) Reprimand, probation, and $1,000 fine Revocation and $5,000 fine

(s) Failure to provide legally-required written disclosure to client or public (violation of Section 473.323(1)(m), F.S. Reprimand, probation, and $1,000 fine Suspension and $5,000 fine

(t) Violation of Section 473.323(1)(a), F.S., by Section 455.227(1), F.S.:

1. Improper influence on client (Section 455.227(1)(n), F.S.) Reprimand, probation, and $1,000 fine Revocation and $5,000 fine

2. Improper delegation of professional responsibilities (Section 455.227(1)(p), F.S.) Reprimand, probation, and $1,000 fine Suspension and $5,000 fine

3. Improper interference with investigation or disciplinary proceeding (Section 455.227(1)(r), F.S.) Reprimand, probation, and $1,000 fine Revocation and $5,000 fine

4. Failure to perform statutory/legal obligations (Section 455.227(1)(k), F.S.) Reprimand, probation and $1,000 fine Suspension and $1,000 fine

(u) Failure to maintain current address (violation of Sections 455.275, 455.227(1)(q), and 473.323(1)(h), F.S., by violating Rule 61H1-26.005, F.A.C.) Reprimand and $500 fine Suspension and $1,000 fine

(v) Violation of Sections 473.323(1)(h) and 455.227(1)(q), F.S., by Rule 61H1-25.001, F.A.C. Same as subparagraph (t)2. Reprimand, probation, and $1,000 fine Suspension and $5,000 fine

(w) Minimum capital (violation of and Sections 455.227(1)(q) and 473.323(1)(h), F.S., by Rule 61H1-26.002, F.A.C.) Reprimand, probation, $1,000 fine and corrective action. Must document required capital Suspension and $1,000 fine

(x) Licensure of firm names and changes (violation of Sections 455.227(1)(q) and 473.323(1)(h), F.S., by Rules 61H1-26.003 and 61H1-26.004, F.A.C.) Reprimand, probation, $100/ month fine and corrective action. Must document licensure Suspension and $1,000 fine

(y) Failure to report discipline violation (Section 455.227(1)(i), F.S.) Reprimand, probation, and $1,000 fine Suspension and $5,000 fine

(z) Failure to timely report being convicted or found guilty of, or entering a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction (more than 30 days late) (Section 455.227(1)(t), F.S.) Reprimand Suspension and $5,000 fine

(aa) Failure to obtain continuing professional education hours (section 473.312, F.S., Rule 61H1-33.003, F.A.C.)

First Offense

NUMBER OF HOURS LACKING Minimum Maximum

1 to 16 hours $1,000 fine, mandatory CPE audit participation for the next two re-establishment periods, and within 90 days of final order, makeup missing hours plus 20 additional penalty hours in the same category as those missed. If missing hours are ethics, penalty hours would consist of accounting/auditing. $2,000 fine, mandatory CPE audit participation for the next two re-establishment periods, and within 90 days of final order, makeup missing hours plus 20 additional penalty hours in the same category as those missed. If missing hours are ethics, penalty hours would consist of accounting/auditing.

17 to 80 hours $1,000 fine, makeup missing hours plus additional penalty hours equal to the number of those missed in the same category as those missed, suspension until all hours are completed, and mandatory CPE audit participation for the next two re-establishment periods. Suspension, $5,000 fine, makeup missing hours plus additional penalty hours equal to the number of those missed and within same category as those missed, and mandatory CPE audit participation for the next two re-establishment periods.

Second Offense

NUMBER OF HOURS LACKING

1 to 16 hours $2,000 fine, mandatory CPE audit participation for the next two re-establishment periods, makeup missing hours plus 20 additional penalty hours in the same category as those missed. If missing hours are ethics, penalty hours would consist of accounting/auditing. Suspension until all hours are completed. $5,000 fine, mandatory CPE audit participation for the next two re-establishment periods, makeup missing hours plus 20 additional penalty hours in the same category as those missed. If missing hours are ethics, penalty hours would consist of accounting/auditing. Suspension until all hours are completed.

17 to 80 hours $2,500 fine, makeup missing hours plus additional penalty hours equal to the number of those missed in the same category as those missed, suspension until all hours are completed, and mandatory CPE audit participation for the next two re-establishment periods. Suspension, $5,000 fine, makeup missing hours plus additional penalty hours equal to the number of those missed, in the same category as those missed, and mandatory CPE audit participation for the next two re-establishment periods.

(bb) Fraudulent renewal of a license (section 473.312, F.S., Rule 61H1-33.003, F.A.C.) Suspension, $5,000 fine, makeup missing hours plus additional penalty hours equal to the number of those missed and in the same category as those missed, and mandatory CPE audit participation for the next two re-establishment periods. Revocation and up to $5,000 fine.

(cc) Failure to enroll in peer review program when required (sections 473.323(1)(a) and 473.3125(4), F.S.) Suspension until enrollment and a reprimand Revocation and $5,000 fine

(dd) Utilizing CPA designation without an active license (Section 473.323(1)(a), F.S., through a violation of section 473.322(1)(b), F.S.) Reprimand, completion of four penalty hours of Board-approved ethics continuing professional education hours Suspension and $5,000 fine

(ee) Performing work described in sections 473.302(8)(a), (d), F.S., (e.g. – audits, reviews, compilations, or attestation engagements) without an active individual and/or firm license (section 473.323(1)(a), F.S., through a violation of section 473.322(1)(c), F.S.) Reprimand, $5,000 fine, completion of four penalty hours of Board-approved ethics, and eight penalty hours of Accounting and Auditing continuing professional education hours. Suspension, $5,000 fine, and completion of eight penalty hours of Accounting and Auditing continuing professional education hours.

(ff) Practicing public accountancy with a retired license (Section 473.313 (2), F.S., subsection 61H1-30.060(5), F.A.C.) $1000 fine; Suspension $5000 fine; Revocation

(3) The Board shall be entitled to deviate from the above-mentioned guidelines upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the Board prior to the imposition of a final penalty. (a) Aggravating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines shall include but not be limited to the following:

1. History of previous violations of the practice act and the rules promulgated thereto.
2. In the case of negligence; of the magnitude and scope of the engagement and the damage inflicted upon the general public by the licensee’s misfeasance.
3. Evidence of violation of professional practice acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.
4. Violation of the provision of the practice act wherein a letter of guidance as provided in Section 455.225(3), F.S., has previously been issued to the licensee.
5. Multiple convictions of violations of the same provision of Chapter 473, F.S., or the rules promulgated thereto contained in the same administrative complaint. (b) Mitigating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty beyond the minimum level of discipline in the guidelines shall include but not be limited to the following:
6. In cases of negligence, the minor nature of the engagement in question and lack of danger to the public health, safety and welfare resulting from the licensee’s misfeasance.
7. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices his profession.
8. Restitution of any damages suffered by the licensee’s client.
9. The licensee’s professional standing among his peers including continuing education.
10. Steps taken by the licensee or his firm to insure the non-occurrence of similar violations in the future.
11. The degree of financial hardship incurred by a licensee as a result of the imposition of fines or the suspension of his practice.
12. Cooperation with the Department of Business and Professional Regulation and the Board including understanding and admission of the violation by the Respondent. Rulemaking Authority 455.2273, 473.304, 473.323 FS. Law Implemented 455.2273, 473.323 FS. History–New 1-7-87, Amended 9-16-87, 8-25-88, 6-18-91, 12-30-91, Formerly 21A-36.004, Amended 12-7-93, 5-23-94, 8-16-99, 1-31-05, 7-28-10, 5-6-15, 9-30-15, 2-6-17, 1-31-18, 6-18-18, 10-24-19, 10-30-22, 4-16-25. 61H1-36.005 Citations. (1) Pursuant to Section 455.224, F.S., the Board sets forth in subsection (3) of this rule, those violations for which there is no substantial threat to the public health, safety and welfare; or, if there is a substantial threat to the public health, safety and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the fine to be imposed. (2) Prior to issuance of the citation, the Department must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety and welfare, such potential for harm must be removed prior to issuance of the citation. (3) The following violations with accompanying fines may be disposed of by citation: VIOLATION PENALTY RANGE

(a) Practicing on an inactive or delinquent license (section 473.323(1)(i), F.S.) Reprimand and fine based on length of time in practice while inactive; $100/month or $5,000 maximum (penalty will require licensure or cease practice).

(b) Licensees practicing in an unlicensed firm (including sole proprietors)or otherwise in violation of Sections 473.309, 473.3101, and 473.323(1)(g), F.S. Reprimand and $100 per month fine to maximum of $5,000 and suspension of right to practice until corrected.

(c) Licensees who complete continuing professional education requirements timely but who are found to be deficient after December 31st of their renewal year (Rule 61H1-33.003, F.A.C.) Submit documentation that deficient hours have been completed and pay $50 fine within 60 days.

(d) Licensees who fail to timely submit complete documentation for a CE audit Fined $100 per month.

(e) Retention of client records when records are returned more than three months after the date requested and there is no evidence that the failure to return the records was due to any fees not being paid (Rule 61H1-23.002, F.A.C.) $500 fine.

(f) Failure to timely report being convicted or found guilty of, or entering a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction (up to 30 days late) (Section 455.227(1)(t), F.S.) $250 fine.

(4) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions thereof. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to paragraph 61H1-36.004(3)(a), F.A.C. (5) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 455.225, F.S., to be applied. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.225, F.S., shall apply. Rulemaking Authority 455.224, 473.304 FS. Law Implemented 455.224 FS. History–New 12-30-91, Formerly 21A-36.005, Amended 12-7-93, 5-23-94, 8-16-99, 5-11-03, 7-23-06, 7-28-10, 10-13-22. 61H1-36.0055 Minor Violation, Notice of Non-Compliance. (1) Pursuant to Section 455.225(3), F.S., the Department may issue a notice of non-compliance to a certified public accountant for an initial offense of a minor violation. Failure of the person to whom a notice of non-compliance is issued to take corrective action which is set forth in the notice of violation within 15 days of the receipt of the notice may result in further disciplinary action. (2) The following violations are minor violations for which the Department may issue a notice of non-compliance: (a) Retention of client records when records are returned within three months of the date requested and there is no evidence that the initial failure to return the records was due to any fees not being paid. (b) Use of “& Associates” in a firm name when the firm does not have a licensee that qualifies as the “associate.” (c) Licensees practicing in a firm which was not licensed within three months of the date the firm began doing business. Any late fees shall still apply. (d) Practicing on a delinquent license for up to three months. (e) Failure to timely complete required CPE if failure is due to erroneous belief that completed CPE satisfied requirements and deficiency has been completed. (f) Failure to notify the Board in writing within 30 days of the occurrence of any of the following:

1. Admission or addition of a co-partner, shareholder or member in the Florida office;
2. Retirement or death of a co-partner, shareholder, or member in a Florida office;
3. Termination of the partnership, professional service corporation or limited liability company of any Florida office. (g) Failure to provide the Board with a list of all co-partners, shareholders or members in the U.S. pursuant to subsection 61H1-26.004(2), F.A.C. (h) Employment by a CPA firm of any person with a delinquent or inactive license; or, working for a CPA firm with an inactive or delinquent license for one year or less. (i) Issuance of a check to the Board or Department that is subsequently dishonored. (3) The Department shall not issue a notice of non-compliance for any subsequent violations of the same provision of the law or rules to the same licensee, registrant or certificate holder, within a three-year period following the initial notice of non-compliance for violation of that provision. Rulemaking Authority 455.225(3), 473.304 FS. Law Implemented 455.225(3) FS. History–New 10-15-97, Amended 7-16-98, 8-16-99, 7-23-06, 7-28-10. 61H1-36.006 Mediation. (1) “Mediation” means a process whereby a mediator appointed by the Department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and nonadversarial process with the objective of assisting the parties to reach a mutually acceptable agreement. (2) The Board finds that mediation is an acceptable method of dispute resolution for the following violations as they are economic in nature or can be remedied by the certified public accountant: (a) Failure of the certified public accountant to timely pay any assessed administrative fines or costs; (b) Retention of client records contrary to Rule 61H1-23.002, F.A.C.; (c) Issuance of a check to the Board or Department that is subsequently dishonored; (d) Practicing in or as an unlicensed firm less than three months; and/or (e) Practicing on a delinquent license less than three months. (3) A “mediator” means a person who is certified in mediation by the Florida Bar, the Florida Supreme Court, or the Division of Administrative Hearings. Rulemaking Authority 455.2235 FS. Law Implemented 455.2235 FS. History–New 11-21-94, Amended 7-23-06, 12-10-09.

Chapter 61H1-38 CERTIFIED PUBLIC ACCOUNTANT EDUCATION MINORITY ASSISTANCE PROGRAM

Fla. Admin. Code R. 61H1-38 CERTIFIED PUBLIC ACCOUNTANT EDUCATION MINORITY ASSISTANCE PROGRAM

CHAPTER 61H1-38 CERTIFIED PUBLIC ACCOUNTANT EDUCATION MINORITY ASSISTANCE PROGRAM 61H1-38.001 Definitions 61H1-38.002 Fifth Year of Accounting Education Program 61H1-38.003 General Requirements 61H1-38.004 Eligibility Criteria 61H1-38.005 Scholarships 61H1-38.006 Terms for Council Members 61H1-38.007 Fees 61H1-38.001 Definitions. Minority Person – As used herein, the term “minority person” shall have the same meaning as set out in Section 288.703(4), F.S. Rulemaking Authority 473.304(1), 473.3065(3) FS. Law Implemented 473.3065 FS. History–New 9-22-99, Amended 1-12-21. 61H1-38.002 Fifth Year of Accounting Education Program. As used in Section 473.3065(1), F.S., a student will be deemed to be enrolled in the “fifth year of accounting education program” so long as the student has completed or is in the final semester of completing a minimum of one hundred and twenty (120) semester hours of academic credit and either is in the process of matriculation in an academic program of higher learning in this state that will result in completion of at least thirty (30) semester hours in excess of that required for a baccalaureate degree or, when the scholarship authorized under Section 473.3065, F.S., will be awarded, has been accepted into and will be enrolled in a different program of higher learning at an approved institution of higher learning in this state that will result in the completion of at least thirty (30) semester hours in excess of that required for a baccalaureate degree. Any program meeting this definition must be configured such that successful completion of the program will qualify a candidate to take the CPA examination on Florida under the provisions of Chapter 473, F.S., and the rules promulgated thereto. Rulemaking Authority 473.304(1), 473.3065(3) FS. Law Implemented 473.3065 FS. History–New 9-22-99. 61H1-38.003 General Requirements. Approved Institutions – Residency scholarships will only be awarded to students who are Florida residents and who are enrolled in the fifth year of an accounting education program in an institution of higher learning in this state which is accredited by one of the accrediting bodies set forth in Rule 61H1-27.001, F.A.C. Rulemaking Authority 473.304(1), 473.3065(3) FS. Law Implemented 473.3065 FS. History–New 9-22-99. 61H1-38.004 Eligibility Criteria. A student who meets the foregoing general criteria shall be eligible to be chosen to receive a scholarship so long as the following criteria are met: (1) Applicants must demonstrate a financial need which is defined as the cost of attendance at an institution of higher education less the expected family contribution and any gift aid for which the student is entitled. “Cost of attendance” is defined as a Board approved estimate of the expenses incurred by a typical financial aid student attending college. It includes direct educational costs (tuition, books, supplies, computers) as well as indirect costs (room and board, transportation, laundry, child care and personal expenses). Applicants will be required to authorize the Certified Public Accountant Education Minority Assistance Advisory Council (Council) to verify information submitted including financial assistance and educational costs. It is the intent that scholarship money from this source should not affect a student’s eligibility for other scholarships, but should reduce their self-help aid. However, the Council shall take other assistance into consideration when determining a student’s eligibility for a scholarship under this section. (2) Applicants must be enrolled as full-time or part-time students, as designated by the academic institution, in a fifth year accounting program as defined in Section 473.3065(1), F.S., at an approved institution as defined in Rule 61H1-27.001, F.A.C., and declared a major in accounting. (3) Applicants must demonstrate scholastic ability of a minimum undergraduate grade point average of 2.5 based on a 4.0 scale. (4) Applicants must be academically in good standing as defined by the college or university. (5) Applicants must be of “good moral character” as that term is defined in Section 473.306(2)(b), F.S. (6) All applications must be postmarked by June 1 of the academic year to which the scholarship will apply. Rulemaking Authority 473.304(1), 473.3065(3) FS. Law Implemented 473.3065 FS. History–New 9-22-99, Amended 5-28-06, 10-9-13, 10-28-24. 61H1-38.005 Scholarships. (1) Scholarships for full-time students will be awarded in an amount not to exceed $8,000.00, per semester up to a maximum of two (2) semesters. (2) Scholarships for part-time students will be awarded at half the amount provided to full-time students, not to exceed $4,000.00, per semester up to maximum of two (2) semesters. (3) Scholarship awards will be made payable to the institution and will be transmitted during September for those enrolled in the fall term and during January for those enrolled in the winter term. (4) A maximum of $200,000.00 may be expended for all scholarships each year. (5) A minimum of $1,000.00 must be maintained in the program account. Rulemaking Authority 473.304(1), 473.3065(3) FS. Law Implemented 473.3065 FS. History–New 9-22-99, Amended 10-5-09, 10-9-13, 1-31-18, 1-26-22, 10-28-24. 61H1-38.006 Terms for Council Members. Initial terms will be phased in by appointing two (2) members for a two (2) year term to expire December 31, 2000, and two (2) members to a three (3) year term to expire December 31, 2001. Thereafter all terms will be three (3) years except for the Board Member who shall be appointed annually by the Board Chair. Rulemaking Authority 473.304(1), 473.3065(3) FS. Law Implemented 473.3065 FS. History–New 9-22-99. 61H1-38.007 Fees. An equal assessment per license out of existing licensing fees, as set forth in Section 473.3065, F.S., and not to exceed $10 per license shall be made in an amount needed to collect $200,000.00 per fiscal year in order to fund the authorized scholarships. Rulemaking Authority 473.304(1), 473.3065(3) FS. Law Implemented 473.3065 FS. History–New 9-22-99, Amended 10-9-13.

Chapter 61H1-39 PEER REVIEW

Fla. Admin. Code R. 61H1-39 PEER REVIEW

CHAPTER 61H1-39 PEER REVIEW 61H1-39.001 Definitions 61H1-39.002 Peer Review Program Standards 61H1-39.003 Peer Review Administering Entities 61H1-39.004 Peer Review Oversight Committee Composition and Responsibilities 61H1-39.005 Compliance with Peer Review Requirements 61H1-39.001 Definitions. (1) “Board” means the Florida Board of Accountancy. (2) “Compilation” means an engagement that applies limited procedures to assist management in the presentation of financial statements and report on those statements without providing any assurance that there are no material modifications that should be made to the financial statements in order for them to be in accordance with the applicable financial reporting framework. (3) “Firm” means a sole proprietor, partnership, corporation, limited liability company, or any other firm required to be licensed under Section 473.3101, F.S. (4) “Peer Review Administering Entity” or “AE” means an organization approved by the board to facilitate and administer a peer review program in accordance with the peer review standards established by the board. (5) “Peer Review Program” means the entire peer review process of a peer review administering organization. (6) “Review” means an engagement that obtains limited assurance as a basis for reporting whether the certified public accountant firm (CPA firm) is aware of any material modifications that should be made to the financial statements in order for the statements to be in accordance with the applicable financial reporting framework. A review includes primarily analytical procedures to financial data and inquiries of management. A review engagement does not contemplate obtaining an understanding of the entity’s internal control, assessing fraud risk, testing accounting records by inspection, observation confirmation or examination of source documents or other procedures ordinarily performed in an audit engagement and accordingly does not include an expression of an opinion on the financial statements. Rulemaking Authority 473.3125, 473.304 FS. Law Implemented 473.3125(4) FS. History‒New 5-4-14, Amended 3-1-16. 61H1-39.002 Peer Review Program Standards. The board hereby adopts and incorporates by reference, as its minimum standards for administering, performing and reporting on peer reviews, the American Institute of Certified Public Accountants, Incorporated’s “Standards for Performing and Reporting on Peer Review” and “Peer Review Standards Interpretations,” (AICPA Standards), effective May, 2015, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06480 or www.aicpa.org/Research/Standards/PeerReview/Downloadable Documents/PeerReviewStandards.pdf and http://www.flrules.org/Gateway/reference.asp?No=Ref-06481 or http://www.aicpa.org/Research/Standards/PeerReview/DownloadableDocuments/PeerReviewStandardsInterpretations.pdf, respectively. Rulemaking Authority 473.3125, 473.304 FS. Law Implemented 473.3125(2) FS. History‒New 4-21-14, Amended 3-1-16. 61H1-39.003 Peer Review Administering Entities. (1) Peer Review Administering Entities shall be approved by the Board. (2) To be approved by the Board as a Peer Review Administering Entity (AE), an organization must submit an administration plan to the Board for review and approval. The plan of administration must: (a) Establish Report Acceptance Bodies (RAB) and provide professional staff, as needed, for the operation of the review program; (b) Establish and document a program to communicate to enrolled Firms the latest development in peer review standards and the most common findings in the reviews conducted by the AE; (c) Establish and document procedures for resolving any disagreement which may arise out of the performance of a review; (d) Establish procedures to resolve matters which may lead to the dismissal of a Firm from the peer review program, and conduct hearings pursuant to those procedures; (e) Establish procedures to evaluate and document the performance of each reviewer, and conduct hearings which may lead to the disqualification of a reviewer who does not meet the standards adopted in Rule 61H1-39.002, F.A.C.; (f) Require the maintenance of records of reviews conducted under the program in accordance with the records retention rules of standards adopted in Rule 61H1-39.002, F.A.C.; and, (g) Provide for the periodic performance assessments and related reports to the Board’s Peer Review Oversight Committee. (3) The Board adopts the American Institute of Certified Public Accountants (AICPA) as an approved AE and its Peer Review Program and other Peer Review Programs administered by entities fully involved in the administration of the AICPA Peer Review Program. These AEs are not required to submit a plan of administration required in subsection (2), above. The Board may approve other AEs. (4) If requested by the Board or the Peer Review Oversight Committee, a peer review administering entity shall provide a list of the Firms enrolled in its programs and the date of their last peer review. (5) The Board shall maintain a list of Board-approved peer review administering entities. Rulemaking Authority 473.3125, 473.304 FS. Law Implemented 473.3125(2) FS. History‒New 5-4-14, Amended 3-18-18. 61H1-39.004 Peer Review Oversight Committee Composition and Responsibilities. (1) The Board shall appoint a peer review oversight committee (PROC) to oversee and monitor implementation of the peer review requirement set forth in Section 473.3125, F.S. and the licensee renewal requirements of Section 473.311(2), F.S. (2) The PROC shall consist of three members, appointed for a term of service of no less than three years and no more than five years. Board appointment shall be based upon the review of applications of those who possess the following qualifications: (a) Current licensure in good standing as a Florida certified public accountant; and (b) Extensive auditing experience as part of a firm or practice unit that has undergone a peer review and received a review rating of pass on the most recent review. (3) PROC members may not: (a) Be a current member of the Board; (b) Be an employee of the department or AE; (c) Be a voting member of the AE’s governing board; or (d) Perform any enforcement related work for the board/department during their term on the PROC. (4) Responsibilities of the PROC shall include: (a) Recommending to the Board the approval or termination of peer review administering entities, peer review programs and peer review standards; (b) Monitoring and assessing the effectiveness of the peer review programs and peer review standards; and, (c) Providing a written report to the Board no later than December 1, 2016, and annually thereafter, which includes:

1. A message from the PROC Chair;
2. A summary of the background and PROC responsibilities;
3. A list of PROC members;
4. A list of Board-approved AEs;
5. A summary of PROC activities and accomplishments during the prior year;
6. A chart of the number of Firms that were enrolled at the beginning of the year and at the end of the year with accompanying notes regarding newly enrolled or terminated Firms; and,
7. Findings and concluding recommendations regarding the adequacy of Florida’s Peer Review Program and any suggested changes to Florida Statutes and the Florida Administrative Code. Rulemaking Authority 473.3125, 473.304 FS. Law Implemented 473.3125(3) FS. History‒New 5-4-14, Amended 3-1-16. 61H1-39.005 Compliance with Peer Review Requirements. (1) An individual practicing pursuant to Section 473.3141, F.S., shall determine whether or not the individual performs services as specified in Section 473.3125(4), F.S. (2) Effective January 1, 2015, if the firm performs services as specified in Section 473.3125(4), F.S., the firm shall enroll with a board-approved AE prior to submitting an application for licensure or an application for license renewal. (3) For firms that renew their license for periods beginning January 1, 2015, the firm shall determine whether it performed services as specified in Section 473.3125(4), F.S., for the prior license period. (a) If the firm performed services as specified in Section 473.3125(4), F.S., during the prior license renewal period, the firm shall enroll in a board approved peer review program. (b) If the firm did not perform services as specified in Section 473.3125(4), F.S., during the prior license renewal period, the firm is not required to be enrolled in a board approved peer review program on January 1, 2015. (c) If a firm that has not enrolled in a board approved AE at the time of licensure renewal subsequently decides to perform the services specified in Section 473.3125(4), F.S., the firm shall enroll in a board approved AE prior to performing such services. (4) A firm is considered enrolled when it has completed the AE’s application process and paid the enrollment fee. As part of any disciplinary action relating to services performed as specified in Section 473.3125(4), F.S., the board will require confirmation of the firm’s enrollment by a board approved AE. (5) A firm that is terminated by a board approved AE shall notify the board in writing within 30 days of the effective date of the termination and provide the termination letter from the AE. Rulemaking Authority 473.3125, 473.304 FS. Law Implemented 473.3125(4) FS. History–New 4-2-14.

Division 61G1 Board of Architecture and Interior Design

Chapter 61G1-11 ORGANIZATION AND PURPOSE

Fla. Admin. Code R. 61G1-11 ORGANIZATION AND PURPOSE

CHAPTER 61G1-11 ORGANIZATION AND PURPOSE 61G1-11.005 Probable Cause Determinations 61G1-11.0061 Other Board Business for Which Compensation Is Allowed and Requirements for Meeting Attendance 61G1-11.012 Educational Advisory Review 61G1-11.013 Definitions 61G1-11.014 Criteria for Investigators and Consultants 61G1-11.016 Interior Design Committee (Repealed) 61G1-11.017 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States 61G1-11.018 Public Comment 61G1-11.005 Probable Cause Determinations. Probable cause determination as to violation of Chapters 455 and 481, F.S., and rules promulgated pursuant thereto shall be made by a probable cause panel of at least three (3) Board members. Said members shall be appointed as a standing probable cause committee at the first board meeting of each calendar year and shall serve for a period of one (1) year. Former Board members, if willing to serve, may be appointed. Any panel must include one of the Board’s former or present consumer members if one is available, willing to serve, and authorized by the Board Chair. All proceedings of the probable cause panel shall be conducted in accordance with Chapters 120 and 455, F.S. Rulemaking Authority 455.225 FS. Law Implemented 455.225 FS. History–New 12-23-79, Amended 2-3-81, Formerly 21B-11.05, Amended 8-20-89, Formerly 21B-11.005, Amended 6-8-00, 7-13-03, 2-2-12. 61G1-11.0061 Other Board Business for Which Compensation Is Allowed and Requirements for Meeting Attendance. The following are considered to be other business involving the Board as required by Section 455.207(4), F.S.: (1) All joint Board or committee meetings required by statutes, Board rule or Board action. (2) Meetings of Board members with Department staff or contractors of the Department at the Department’s or the Board’s request. Any participation or meeting of members notice or unnoticed will be on file in the Board office. (3) Where a Board member has been requested by the Secretary of the Department to participate in a meeting. (4) Probable Cause Panel Meeting. (5) Application or examination review. (6) All activity of Board members, if authorized by the Board, when grading, proctoring or reviewing examinations given by the Department. (7) All participation in Board authorized meetings with professional associations of which the Board is a member or invitee. This would include all meetings of national associations of registration Boards of which the Board is a member as well as Board authorized participation in meetings of national or professional associations or organizations involved in educating, regulating or reviewing the profession over which the Board has statutory authority. (8) Any and all other activities which are Board approved and which are necessary for Board members to attend in order to further protect the public health, safety and welfare, through the regulation of which the Board has statutory authority. (9) Board members shall attend all Board meetings unless prevented from doing so under the following circumstances: (a) Serious illness or injury of the member; (b) Serious medical problems or death of a board member’s immediate family (spouse, children, parents); (c) State or federal military service; (d) Court order, subpoena, jury duty, or business with court over which the judge has sole prerogative of setting the date of such business; (e) Natural disaster or state of emergency declared by federal, state, or local government; (f) Unavoidable travel delays or cancellations preventing attendance. Any other absence shall be unexcused. Failure to attend all days of a multi-day meeting shall be considered an absence. When the Board member is aware he or she cannot attend all or part of a Board meeting, the member must notify the Board office as soon as possible to avoid potential quorum problems. Rulemaking Authority 455.207(3), (4) FS. Law Implemented 455.207(3), (4) FS. History–New 10-23-81, Formerly 21B-11.061, 21B-11.0061, Amended 1-10-99, 8-13-02. 61G1-11.012 Educational Advisory Review. The Board shall be advised by expert staff retained by the Department of Business and Professional Regulation, with regard to applications for examination or licensure by endorsement made to the Board. Said staff shall be individuals who have knowledge and experience with curricula of architecture and national accreditation standards for professional degrees in architectural programs either as a college faculty member or as a practicing architect and shall examine and review applications with respect to the following matters: (1) Evaluation of whether the architectural curriculum of applicants’ degree programs meets the required standards of accreditation. (2) Evaluations of whether criteria for issuance of a license from another jurisdiction were substantially equivalent to the licensure criteria that existed in Florida at the time the other license was issued. Rulemaking Authority 481.2055, 481.213(6) FS. Law Implemented 481.213(2), 481.213(3)(b) FS. History–New 12-23-79, Amended 1-20-85, Formerly 21B-11.12, Amended 5-14-86, 2-11-88, 11-12-89, Formerly 21B-11.012, Amended 7-14-05, 5-1-13, 8-7-13, 11-17-20. 61G1-11.013 Definitions. In these rules, where the context will permit; (1) The term “designed and constructed to maintain its structural integrity independent of the unit on the opposite side of the wall” as used in Section 481.203(16), F.S., means that there must be separate exterior walls along the common property line, and the units sharing this common property line shall be structurally independent of each other so that either unit can be removed without affecting the other. A common wall may be used. When a common wall is used, it must be designed in such a manner that the unit on either side could be completely removed to finished grade and not affect the integrity of the common wall in any manner. The structural capability of each unit to stand loads or the lack thereof must not affect any other unit. (2)(a) The term “advertising medium” as used in Section 481.221(10), F.S., shall mean any of the following when paid for or produced by or for an architect or interior designer whether in print, broadcast, internet or other digital format:

1. Construction site signs;
2. Marketing materials or presentation to existing or prospective clients;
3. Advertisements;
4. Signs on vehicles;
5. Business communications;
6. The items listed in subparagraphs (2)(a)1., 2., 3., 4., and 5., shall contain the license number of the individual and for each business organization the license number of the registered architect who serves as the qualifying agent for each business: (b) The term shall not apply to the following:
7. Business cards.
8. On-site signage used for identification, i.e., on facade, front door or location of business.
9. Information identifying a charitable donation to any organization exempt from federal income tax as provided in 26 U.S.C. 501(c)(3). (c) The license number is required to appear in any advertising medium, pursuant to Section 481.221(10), F.S., shall be adjacent to the licensee’s name and shall be legible. (3) The term “other building intended for public use” as used in Section 481.229(1)(c), F.S., means any building which is open or available to the public or which is used as an office or assembly structure. (4) The title “Intern Architect” may be used by an individual who possesses a National Architectural Accreditation Board (NAAB) accredited professional degree in architecture, is actively enrolled with the National Council of Architectural Registration Boards (NCARB) in the Architectural Experience Program (AXP), and is working under the direct supervision of a registered architect. This title shall be used only in conjunction with the architectural business organization for which an individual is employed as an intern to meet the requirements of Section 481.211, F.S., “Architecture internship required.” (5) “Residential interior design,” “residential interior designer,” “residential space planning,” or “residential space planner” are terms that may be used to describe interior design services or interior decorator services for a residential application, as set forth in Section 481.229(6)(a), F.S., without violating Section 481.223(1)(c), F.S. Rulemaking Authority 481.2055, 481.211, 481.213(6) FS. Law Implemented 481.203, 481.211, 481.221(10), 481.223(1)(c), 481.229(1)(c), (6) FS. History–New 12-23-79, Amended 2-24-83, 10-27-83, 12-29-83, Formerly 21B-11.13, Amended 11-12-89, 2-14-91, 5-5-91, 12-26-91, Formerly 21B-11.013, Amended 11-15-93, 11-21-94, 1-10-99, 2-12-04, 4-15-07, 12-16-07, 3-7-10, 11-11-13, 4-16-18, 1-3-21. 61G1-11.014 Criteria for Investigators and Consultants. (1) Except for investigations of non-technical matters all investigators and consultants hired by the Board who undertake the investigation of Registered Architects or Registered Interior Designers shall be Registered Architects or Professional Engineers or Registered Interior Designers with at least five (5) years of current continuous practice in any state or territory or shall have the capability of discussing with and enlisting the cooperation of engineers, architects, interior designers, attorneys, contractors, and state law enforcement officials dealing in architectural or interior designer matters and five years of professional regulation experience or three years of sworn law enforcement or investigative experience. (Accredited college courses in law, engineering, architecture, interior design or related sciences may be substituted for the required college training.) (2) Non-technical matters which do not encompass the professional proficiency of a licensee in the practice of architecture or interior design may be investigated by any individual deemed suitable by the Board. Rulemaking Authority 481.2055 FS. Law Implemented 455.203(8), 481.205(3) FS. History–New 11-9-82, Formerly 21B-11.14, 21B-11.014, Amended 5-30-95, 11-11-13. 61G1-11.016 Interior Design Committee. Rulemaking Authority 120.53(1), 481.209(2), 481.213(6) FS. Law Implemented 120.53(1), 481.205(3) FS. History–New 9-2-92, Formerly 21B-11.016, Repealed 10-24-13. 61G1-11.017 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States. A licensee who is the spouse of a member of the Armed Forces of the United States and has been caused to be absent from the State of Florida because of their spouse’s duties with the Armed Forces shall be exempt from all licensure renewal provisions during such absence. The licensee must show proof to the Board of their absence from the state and the spouse’s military status. Rulemaking Authority 455.02(2) FS. Law Implemented 455.02(2) FS. History–New 1-23-05. 61G1-11.018 Public Comment. The Board of Architecture and Interior Design invites and encourages all members of the public to provide comment on matters or propositions before the Board or a committee of the Board. The opportunity to provide comment shall be subject to the following: (1) Members of the public will be given an opportunity to provide comment on subject matters before the Board after an agenda item is introduced at a properly noticed Board meeting. (2) Members of the public shall be limited five (5) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Board members, staff or Board counsel. The chair of the Board may extend the time to provide comment if time permits. (3) A member of the public shall notify board staff in writing of his or her interest to be heard on a proposition or matter before the Board. The notification shall identify the person or entity, indicate the person or entity’s support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons consisting of five (5) or more persons. If the person or entity appearing before the Board does not wish to be identified, a pseudonym may be used. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 5-7-14.

Chapter 61G1-12 GROUNDS FOR DISCIPLINARY PROCEEDINGS

Fla. Admin. Code R. 61G1-12 GROUNDS FOR DISCIPLINARY PROCEEDINGS

CHAPTER 61G1-12 GROUNDS FOR DISCIPLINARY PROCEEDINGS 61G1-12.001 Grounds for Disciplinary Proceedings 61G1-12.002 Procedure for Disciplinary Proceedings (Repealed) 61G1-12.003 Probable Cause Panel Hearing Guidelines to Consider Investigating Officer’s Reports 61G1-12.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances 61G1-12.005 Citations 61G1-12.0055 Mediation 61G1-12.006 Time Limitation for Payment of Administrative Fine 61G1-12.007 Notice of Non-compliance 61G1-12.001 Grounds for Disciplinary Proceedings. (1) Pursuant to Sections 481.225(2) and 481.2251(2), F.S., to the extent not otherwise set forth in Florida Statutes, the following specific acts or omissions are grounds for disciplinary proceedings as provided in Sections 481.225(1) and 481.2251(1), F.S. (2) As provided in Sections 481.225(1)(f) and 481.2251(1)(d), F.S., an architect or registered interior designer, or qualified business organization shall not “advertise goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content.” A false, fraudulent, misleading, or deceptive statement or claim shall include without limitation: (a) A material misrepresentation of facts; (b) A failure to state any material fact necessary to make the statement in the light of all circumstances not misleading; (c) A statement or claim which intends or is likely to create an unjustified expectation; (d) A misrepresentation or implication that could reasonably cause an ordinary prudent person to misunderstand or to be deceived; (e) A falsification or misrepresentation of the extent of an architect’s or registered interior designer’s education, training or experience to any person or to the public at large, tending to establish or imply qualifications for selection for architectural or registered interior design employment, advancement, or professional engagement. An architect or registered interior designer shall not misrepresent or exaggerate his degree of responsibility in or for the subject matter of prior assignments; (f) A statement or claim in any brochure or other presentation made to any person or to the public at large, incident to the solicitation of an architectural or registered interior design employment, which misrepresents pertinent facts concerning an architect’s or registered interior designer’s past employment or work, with the intent and purpose of enhancing his qualifications. (3) An architect, registered interior designer, corporation or partnership shall not practice architecture or registered interior design under an assumed, fictitious or corporate name that is misleading as to the identity, responsibility, or status of those practicing thereunder or is otherwise false, fraudulent, misleading or deceptive within the meaning of subsection (2). The name of a professional corporation or partnership, if otherwise authorized, may include the name or names of one or more deceased or retired members of the firm, or of a predecessor firm in a continuing line of succession. Corporate, partnership or fictitious name shall not be used or displayed except in conjunction with the word or words “architect,” “architecture,” or “architectural” clearly indicating that such corporation partnership or architect engages in the practice of architecture. (4) An architect, registered interior designer, or qualified business organization may not be negligent in the practice of architecture. The term negligence is defined as the failure, by an architect or registered interior designer, to exercise due care to conform to acceptable standards of architectural or interior design practice in such a manner as to be detrimental to a client or to the public at large. (a) Plans, drawings, specifications and other related documents prepared by an architect shall be of a sufficiently high standard to inform the users thereof of the requirements intended to be illustrated or described by them. Such documents shall clearly and accurately indicate the design of all essential parts of the work to which they refer. An architect shall meet a standard of practice which demonstrates his knowledge and ability to assure the safety and welfare of his clients and the public. (b) An architect shall be required to coordinate his activities with other professionals involved in those projects wherein the architect is engaged to provide plans, drawings and specifications which result in the production of working documents which are used or intended to be used for the construction of a structure. (5) An architect or registered interior designer shall not be incompetent to practice architecture. Incompetence in the practice of architecture shall mean the physical or mental incapacity or inability of an architect to practice architecture. (6) An architect, registered interior designer, or qualified business organization shall not commit misconduct in the practice of architecture. Misconduct in the practice of architecture or interior design shall include but not be limited to: (a) Being untruthful, deceptive, or misleading in any professional report, statement, or testimony whether or not under oath or omitting relevant and pertinent information from such report, statement or testimony when the result of such omission would lead to a fallacious conclusion on the part of the client or the general public; (b) Offering directly or indirectly any bribe or commission or tendering any gift to obtain selection or preferment for an architectural employment with the exception of the payment of the usual commission for securing salaried positions through licensed employment agencies; (c) Knowingly becoming involved in a conflict of interest as to an employer or client without the permission of the client or employer. In the event such conflict is suspected or determined to exist an architect or registered interior designer immediately shall:

1. Disclose in writing to his employer or client the full circumstances as to any possible conflict of interest; and
2. Assure in writing that such conflict will in no manner influence the architect or registered interior designer’s judgment or the quality of his services to his employer or client; and
3. Promptly inform his client or employer in writing of any business association, interest or circumstances which may be influencing his judgment or the quality of his services to his client or employer; (d) Soliciting or accepting financial or other valuable considerations from material or equipment suppliers for specifying their products without the knowledge of the architect’s employer or client; (e) Soliciting or accepting gratuities, directly or indirectly, from contractors, their agents, or other parties dealing with the architect’s client or employer in connection with work for which the architect or registered interior designer is responsible without the knowledge of the architect or registered interior designer’s employer or client; (f) Violation of any law of the State of Florida directly regulating the practice of architecture or registered interior designer; (g) Use of architectural or registered interior designer expertise or status as an architect or registered interior designer in the commission of a felony; (h) Failure to preserve the confidences of clients of employer(s); (i) Undertaking any activity, having any undisclosed significant financial or other interests, or accepting any contribution that either compromises professional judgment or prevents any architect or registered interior designer from serving in the best interest of his client or employer; (j) Failure to protect the safety, health, and welfare of the public in the performance of his professional duties. If an architect’s professional judgment is overruled by any person or entity with the result that the public health and safety is threatened, an architect shall inform his clients, employer, responsible supervisor and the responsible public authority of the possible consequences, and shall not assist or acquiesce in the establishment or continuance of such threat to the public health and safety; (k) Use of an architect’s name or qualified business organization in a business venture with any person or business organization which he knows or has reason to believe is engaging in a fraudulent or dishonest nature. Rulemaking Authority 481.2055 FS. Law Implemented 481.219, 481.225, 481.2251 FS. History–New 12-23-79, Amended 12-19-82, Formerly 21B-12.01, Amended 9-23-86, 11-8-88, Formerly 21B-12.001, Amended 2-25-98, 4-1-01, 12-7-08, 11-9-20, 8-13-23. 61G1-12.002 Procedure for Disciplinary Proceedings. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 120.57, 120.59, 455.225 FS. History–New 12-23-79, Amended 7-21-81, Formerly 21B-12.02, 21B-12.002, Repealed 8-6-97. 61G1-12.003 Probable Cause Panel Hearing Guidelines to Consider Investigating Officer’s Reports. The following guidelines are provided for the efficient and orderly conduct of a hearing to consider reports of investigating officers. The hearing is designed to provide for an orderly procedure to be used by the probable cause panel in the assimilation of facts. (1) Probable Cause Hearing to Consider Investigating Officer’s Report. (a) Purpose. Prior to finding probable cause, the probable cause panel will hold a hearing respecting each investigation. The purpose of the hearing will be to receive and secure information relative to the merits of the pending investigation and to determine whether probable cause exists for the initiation of disciplinary action. (b) Request for appearance. The probable cause panel may request the appearance of the party or parties being investigated in cases involving the review of plans and specifications, as well, as in those cases in which, because of their complexity or significant public policy considerations, such an appearance would assist the panel in their deliberations. A party requested to appear is not under obligation to do so, and such non-appearance shall not prevent the submission of written responses or documentation to the panel nor shall it preclude the panel from proceeding with its deliberation. (c) Notice. Notice of the hearing shall be mailed to parties being requested to appear by certified mail, return receipt, no later than 14 days prior to the hearing. A copy of the report of investigating officer shall also be mailed to the party being investigated. (2) Hearing Procedure. (a) Order of Presentation. The following is intended to serve as a general rule guide to the conduct of the hearing:
4. Opening Statement by Probable Cause Panel Advising as to: The guidelines of the hearing, its purpose and the rights and privileges of parties.
5. Opening Statement by Person Being Investigated. Shall not exceed five (5) minutes and should concisely indicate what he intends to show.
6. Report of Investigating Officer. Shall be presented by either Investigating Officer or his designated representative and shall not exceed twenty-five (25) minutes.
7. Party under Investigation. The party under investigation and witnesses may present all data and testimony and related materials and shall not exceed a total of thirty (30) minutes.
8. Finding by Probable Cause Panel. The probable cause panel shall make finding of probable or no probable cause or ruling as to continuance of investigation or hearing. (b) Extension of Time of Presentation. The probable cause panel may extend the time for any presentation. (c) Exhibits. Each participant, at the time an exhibit is identified at the hearing, shall distribute four complete copies to the probable cause panel. Documentary evidence must be of a size consistent with ease of handling, transportation, and filing. Large exhibits may be used during the hearing, but reduced copies thereof must be provided for the record. (d) Record. The probable cause panel shall electronically record the hearing proceedings to assure the accurate transcription of all matters. Transcripts thereof may be obtained upon payment of cost in preparing same. (e) The Department may at its discretion excise matters from the investigating officer’s report which are not relevant to the issues before the probable cause panel or may tend to compromise investigations of other professionals or the confidentiality thereof. (3) Review of Investigating Officer’s Report. Consideration of Testimony and Exhibits Presented at Hearing and Findings of Probable or No Probable Cause. At the conclusion of the hearing, the probable cause panel shall review the investigating officer’s report and consider testimony and exhibits presented at the hearing and find a majority vote: (a) Probable cause; (b) No probable cause; or (c) Return the report to the Department or the investigating officer with appropriate instruction for further investigation. Rulemaking Authority 481.2055 FS. Law Implemented 455.227(1) FS. History–New 11-8-83, Formerly 21B-12.03, Amended 8-3-87, Formerly 21B-12.003, Amended 10-20-96. 61G1-12.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances. (1) The board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapter 481, F.S. The purpose of the disciplinary guidelines is to give notice to licensees and registrants of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 481, F.S. The brief description of each violation is provided for quick reference and is not meant to convey all elements of any given statutory provision; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 481, F.S., or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty. (2) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules: VIOLATION PENALTY RANGE

MINIMUM

MAXIMUM

(a) Failure to date plans. (Section 481.221, F.S.)

First Offense Reprimand (architects); Notice of non-compliance (interior designers). $250

Second Offense $500 fine Probation and $500 fine (architects); $500 fine and removal from the state registry (interior designers).

Third Offense Probation and $1,000 fine (architects); $1,000 fine (interior designers). Suspension and $5,000 fine (architects); $2,500 fine and removal from the state registry (interior designers).

(b) Signing, sealing or accepting responsibilities for work not competent to perform in violation of. (Sections 481.221(4), (5), and 481.2251(1)(g), F.S.)

First Offense Reprimand and $1,000 fine (architects); $500 fine (interior designers). $1,000 fine and one (1) year suspension followed by two (2) years probation (architects); $500 fine and removal from the state registry (interior designers).

Second Offense $2,000 fine and (2) two years probation (architects); $1,000 fine (interior designers). $3,000 fine and two (2) years suspension followed by two (2) years probation (architects); $1,000 fine and removal from the state registry (interior designers).

Third Offense $5,000 fine and one (1) year suspension followed by two (2) years probation (architects); $2,500 fine (interior designers). $5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers).

(c) “Plan stamping” (Sections 481.221(6), (7), F.S.)

First Offense Reprimand and $2,000 fine (architects); $500 fine (interior designers). $5,000 fine and one (1) year suspension followed by two (2) years probation (architects); $2,500 fine and removal from the state registry (interior designers).

Second Offense $5,000 fine, 1 year suspension followed by two (2) years probation (architects); $2,500 fine (interior designers). $5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers).

Third Offense $5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers).

(d) Plans not sufficiently detailed. (Sections 481.221(8), (9), F.S.)

First Offense Reprimand, two (2) years probation and $1,000 fine (architects); $500 fine (interior designers). $1,000 fine and one (1) year suspension followed by two years probation (architects); $500 fine and removal from the state registry (interior designers).

Second Offense $2,000 fine and one (1) year suspension followed by two years probation (architects); $1,000 fine (interior designers). $5,000 fine, two (2) years suspension followed by two (2) years probation (architects); $1,000 fine and removal from the state registry (interior designers).

Third Offense $5,000 fine and two (2) years suspension followed by (2) years probation (architects); $2,500 fine (interior designers). $5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers).

(e) Attempting to procure license or registration by bribery or fraudulent misrepresentation. (Sections 455.227(1)(h), 481.225(1)(b) and 481.2251(1)(a), F.S.)

First Offense Revocation and $1,000 fine if licensed (architects); Removal from the state registry and $500 fine if registered (interior designers) (denial of license or registration and refer to State Attorney if not licensed or registered). Revocation and $5,000 fine (architects); $2,500 fine and removal from state registry (interior designers).

(f) License disciplined by another jurisdiction. (Sections 455.227(1)(f), 481.225(1)(c), and 481.2251(1)(b), F.S.) Same penalty as imposed in other jurisdiction or as closely as possible to penalties set forth in Florida Statutes.

(g) Criminal conviction relating to Architecture or interior design services. (Sections 455.227(1)(c), 481.225(1)(d), and 481.2251(1)(c), F.S.)

First Offense Misdemeanor: Reprimand (architects); Notice of non-compliance (interior designers).

Felony: $1,000 fine and one (1) year suspension, followed by two (2) years probation (architects); $500 fine (interior designers).

$1,000 fine, and one (1) year suspension followed by two (2) years probation (architects); $500 fine (interior designers).

$1,000 fine and revocation (architect); $1,000 fine and removal from the state registry (interior designers).

Second Offense Misdemeanor: $1,000 fine (architects); $1,000 fine (interior designers).

Felony: $1,000 fine and revocation (architects); $1,000 fine and removal from the state registry (interior designers).

$3,000 fine and two (2) years suspension followed by two (2) years probation (architects); $1,000 fine and removal from the state registry (interior designers).

$5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers).

Third Offense Misdemeanor: $3,000 fine and two (2) years suspension followed by two (2) years probation (architects); $1,500 fine and removal from the state registry (interior designers).

$5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers).

(h) Practice on suspended license. (Section 481.225(1)(h), F.S.) Revocation and$1,000 fine.

(i) Practice on inactive or delinquent license. (Sections 481.225(1)(h), F.S.)

First Offense Fine based on length of time in practice while inactive; or delinquent $100/month to $1,000 maximum (penalty will require license to renew or cease practice). One (1) year suspension followed by one (1) year probation and $1,000 fine.

Second Offense One (1) year suspension followed by one (1) year probation and $2000 fine. Two (2) years suspension followed by two (2) years probation and $3,000 fine.

Third Offense Two (2) years suspension followed by two (2) years probation and $5,000 fine. $5,000 fine and revocation.

(j) Practice on revoked license. (Section 481.225(1)(h), F.S.) Refer to State Attorney for criminal prosecution.

(k) Knowingly making or filing false report. (Sections 455.227(1)(l), 481.225(1)(e), and 481.2251(1)(e), F.S.)

First Offense $1,000 fine and one (1) year suspension, followed by two (2) years probation (architects); $500 fine (interior designers). $1,000 fine and revocation (architects); $500 fine and removal from the state registry (interior designers).

Second Offense $3,000 fine and two (2) years suspension and two (2) years probation (architects); $1,000 fine (interior designers). $3,000 fine and revocation (architects); $1,000 fine and removal from the state registry (interior designers).

Third Offense $3,000 fine and revocation (architects); $1,500 fine (interior designers). $5,000 fine and revocation (architects); $1,500 fine and removal from the state registry (interior designers).

(l) Fraudulent, false, deceptive, or misleading advertising. (Sections 455.227(1)(m), 481.225(1)(f), and 481.2251(1)(d), F.S.)

First Offense Reprimand (architects); Notice of non-compliance (interior designers). $1,000 fine and one (1) year probation (architects); $500 fine (interior designers).

Second Offense $1,000 fine and one (1) year probation (architects); $500 fine (interior designers). $3,000 fine and one (1) year suspension and two (2) years probation (architects); $1,000 fine and removal from the state registry (interior designers).

Third Offense $3,000 fine and one (1) year suspension and two (2) years probation (architects); $1,000 fine (interior designers). Two (2) years suspension and two (2) years probation and $5,000 fine (architects); $1,500 fine and removal from the state registry (interior designers).

(m) Negligence. (Sections 481.225(1)(g) and 481.2251(1)(i), F.S.)

First Offense Reprimand, two (2) years probation and $1,000 fine (architects); $500 fine (interior designers). $1000 fine and revocation (architects); $500 fine and removal from the state registry (interior designers).

Second Offense One (1) year suspension followed by two (2) years probation and $3,000 fine (architects); $1,000 fine (interior designers). $3,000 fine and revocation (architects); $1,000 fine and removal from the state registry (interior designers).

Third Offense $5,000 fine and five (5) years suspension followed by ten (10) years probation (architects); $2,500 fine (interior designers). $5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers).

(n) Fraud or deceit. (Sections 455.227(1)(a), 481.225(1)(g), and 481.2251(1)(f), F.S.)

First Offense $1,000 fine and one (1) year suspension, followed by two (2) years probation (architects); $500 fine (interior designers). $1,000 fine and revocation (architects); $500 fine and removal from the state registry (interior designers).

Second Offense $3,000 fine and two (2) years suspension followed by four (4) years probation (architects); 1,000 fine (interior designers). $3,000 fine and revocation (architects); $1,000 fine and removal from the state registry (interior designers).

Third Offense $5,000 fine five (5) years suspension followed by ten (10) years probation (architects); 2,500 fine (interior designers). $5,000 fine and revocation (architects); $2,500 fine and removal from the state registry (interior designers).

(o) Misconduct. (Sections 481.225(1)(g), and 481.225(1)(i))

1. Paragraph 61G1-12.001(6)(d), F.A.C. Soliciting or accepting gratuities without client knowledge.

First Offense Reprimand and $1,000 fine (architects); $500 fine (interior designers). One (1) year suspension, followed by two (2) years probation and $1,000 fine (architects); $500 fine and removal from the state registry (interior designers).

Second Offense One (1) year suspension, followed by two (2) years probation and $1,000 fine (architects); $1,000 fine (interior designers). Two (2) years suspension, followed by four (4) years probation and $3,000 fine (architects); $1,000 fine and removal from the state registry (interior designers).

Third Offense Two (2) years suspension followed by four (4) years probation and $3,000 fine (architects); $2,500 fine (interior designers). Revocation and $3,000 fine (architects); $2,500 fine and removal from the state registry (interior designers).

2. Paragraph 61G1-12.001(6)(h), F.A.C. Failure to preserve client’s confidence.

First Offense Reprimand and $1,000 fine. One (1) year suspension followed by two (2) years probation (if pecuniary benefit accrues to architect) and $1,000 fine.

Second Offense One (1) year suspension, followed by two (2) years probation and $1,000 fine. Two (2) years suspension, followed by four (4) years probation and $3,000 fine.

Third Offense Two (2) years suspension, followed by four (4) years probation and $3,000 fine. Revocation and $3,000 fine.

3. Paragraph 61G1-12.001(6)(j), F.A.C. Professional judgment is overruled by unqualified person.

First Offense Reprimand and $1,000 fine. One (1) year suspension, followed by two (2) years probation and $1,000 fine.

Second Offense One (1) year suspension, followed by two (2) years probation and $1,000 fine. Two (2) years suspension, followed by four (4) years probation and $3,000 fine.

Third Offense Two (2) years suspension, followed by four (4) years probation and $3,000 fine. Revocation and $3,000 fine.

4. Paragraph 61G1-12.001(6)(k), F.A.C. Use of name/business organization in fraudulent venture.

First Offense Reprimand and $1,000 fine. $1,000 fine, and one (1) year suspension followed by two (2) years probation.

Second Offense One (1) year suspension, followed by two (2) years probation and $1,000 fine. Two (2) years suspension, followed by four (4) years probation and $3,000 fine.

Third Offense Two (2) years suspension, followed by four (4) years probation and $3,000 fine. Revocation and $3,000 fine.

(p) Incompetence (mental or physical impairment). (Section 481.225(1)(g), F.S.) Suspension until ability to practice proved followed by probation.

(q) Bribery to obtain clients or commissions. (paragraph 61G1-12.001(6)(b), F.A.C.) Revocation and $1,000 fine. Revocation and $5,000 fine.

(r) Undisclosed conflict of interest. (paragraph 61G1-12.001(6)(c), F.A.C.)

First Offense Reprimand, $1,000 fine, and two (2) years probation. Revocation and $1,000 fine.

Second Offense $3,000 fine, one (1) year suspension followed by two (2) years probation. Revocation and $3,000 fine.

Third Offense $5,000 fine, two (2) years suspension followed by five (5) years probation. Revocation and $5,000 fine.

(s) Aiding unlicensed practice. (Sections 455.227(1)(j), and 481.225(1)(i), F.S.)

First Offense Reprimand and $1,000 fine. $1,000 fine and one (1) year suspension followed by two (2) years probation.

Second Offense $1,000 fine and one (1) year suspension followed by two (2) years probation. $3,000 fine and two (2) years suspension followed by two (2) years probation.

Third Offense $3,000 fine and two (2) years suspension followed by two (2) years probation. $3,000 fine and revocation.

(t) Failure by interior designer to obtain continuing education hours. (Section 481.215(3), F.S.)

First Offense

NUMBER OF HOURS LACKING 1 to 4 hours

5 to 9 hours

10 to 14 hours

15 to 20 hours PENALTY

$125 fine, makeup missing hours plus 5 additional in 90 days of final order.

$250 fine, makeup missing hours plus 10 additional in 120 days of final order.

$375 fine, makeup missing hours plus 15 additional in 150 days of final order.

$500 fine, makeup missing hours plus 20 additional in 180 days of final order.

Second Offense

NUMBER OF HOURS LACKING 1 to 4 hours

5 to 9 hours

10 to 14 hours

15 to 19 hours

20 hours PENALTY

$500 fine, makeup missing hours plus 5 additional in 90 days of final order.

$625 fine, makeup missing hours plus 10 additional in 120 days of final order.

$750 fine, makeup missing hours plus 15 additional in 150 days of final order.

$875 fine, makeup missing hours plus 20 additional in 180 days of final order.

$1,000 fine, makeup missing hours plus 20 additional, in 180 days of final order.

Third Offense

NUMBER OF HOURS LACKING 1 to 4 hours

5 to 9 hours

10 to 14 hours

15 to 19 hours

20 hours PENALTY

$1,000 fine, makeup missing hours plus 5 additional in 90 days of final order.

$1,125 fine, makeup missing hours plus 10 additional in 120 days of final order.

$1,250 fine, makeup missing hours plus 15 additional in 150 days of final order.

$1,375 fine, makeup missing hours plus 20 additional in 180 days of final order.

$1,500 fine, makeup missing hours plus 20 additional, in 180 days of final order.

(u) Failure by architect to obtain continuing education hours. (Section 481.215(3), F.S.)

First Offense

NUMBER OF HOURS LACKING 1 to 5 hours

6 to 11 hours

12 to 17 hours

18 to 23 hours

24 hours PENALTY

$250 fine, makeup missing hours plus 6 additional in 90 days of final order.

$500 fine, makeup missing hours plus 12 additional in 120 days of final order.

$750 fine, makeup missing hours plus 18 additional in 150 days of final order.

$1,000 fine, makeup missing hours plus 24 additional in 180 days of final order.

$1,000 fine, makeup missing hours plus 24 additional, suspension until all hours are completed.

Second Offense

NUMBER OF HOURS LACKING 1 to 5 hours

6 to 11 hours

12 to 17 hours

18 to 23 hours

24 hours PENALTY

$500 fine, makeup missing hours plus 6 additional in 90 days of final order.

$1,000 fine, makeup missing hours plus 12 additional in 120 days of final order.

$2,000 fine, makeup missing hours plus 18 additional in 150 days of final order.

$3,000 fine, makeup missing hours plus 24 additional in 180 days of final order.

$5,000 fine, makeup missing hours plus 24 additional, suspension until all hours are completed.

Third Offense

NUMBER OF HOURS LACKING 6 to 11 hours

12 to 17 hours

18 to 23 hours

24 hours PENALTY

$2,000 fine, makeup missing hours plus 6 additional in 90 days of final order.

$3,000 fine, makeup missing hours plus 12 additional in 120 days of final order.

$5,000 fine, makeup missing hours plus 18 additional in 150 days of final order.

$5,000 fine, makeup missing hours plus 24 additional in 180 days of final order.

$5,000 fine, makeup missing hours plus 24 additional, suspension until all hours are completed.

(v) Failure to perform statutory or legal obligation. (Section 481.225(1)(j) or 455.227(1)(k), F.S.)

First Offense Reprimand and $2,000 fine. $5,000 fine and one (1) year suspension followed by two (2) years probation.

Second Offense $5,000 fine, one (1) year suspension followed by two (2) years probation. $5,000 fine and revocation.

Third Offense $5,000 fine and revocation.

(w) Improper use of seal. (Rule 61G1-16.003, F.A.C.)

First Offense Reprimand (architects); Notice of non-compliance (interior designers). $250 fine.

Second Offense $500 fine (architects and interior designers). $500 fine and probation (architects).

Third Offense $1,000 fine and probation (architects); $1,000 fine (interior designers). $5,000 fine and suspension (architects); $2,500 fine and removal from the state registry (interior designers).

(x) Improper title block. (Rule 61G1-16.004, F.A.C.)

First Offense Reprimand (architects); Notice of non-compliance (interior designers). $250 fine.

Second Offense $500 fine (architects and interior designers. $500 fine and probation (architects); $500 fine and removal from the state registry (interior designers).

Third Offense $1,000 fine and probation (architects); $1,000 fine (interior designers). $5,000 fine and suspension (architects); $2,500 fine and removal from the state registry (interior designers).

(y) Failure to exercise responsible supervisory control. (Rules 61G1-23.010 and 61G1-23.040, F.A.C.)

First Offense Reprimand and $2,000 fine. $5,000 fine and one (1) year suspension followed by two (2) years probation.

Second Offense $5,000 fine, one (1) year suspension followed by two (2) years probation. $5,000 fine and revocation.

Third Offense $5,000 fine and revocation.

(z) Failure to notify Board of qualifier change. (Section 481.219(6), F.S.) Individual Architect License

First Offense Reprimand $5,000 fine

Second Offense $5,000 fine. Suspension.

Third Offense Suspension. Revocation.

(aa) Failure to comply with Final Order. (Sections 481.225(1)(j) and 455.227(1)(q), F.S.)

First Offense Suspension. Revocation.

Second Offense Revocation.

(bb) Failure to timely report being convicted Or found guilty of, or entering a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction (more than 30 days late). (Sections 455.227(1)(t), F.S.) Reprimand (architects); Notice of non-compliance(interior designers). $5,000 fine and suspension (architects); $2,500 fine and removal from the state registry (interior designers).

(cc) Interior Designer rendering or offering to render achitectural services (Section 481.2251(1)(h), F.S.)

First Offense $500 fine. $500 fine and removal from the state registry.

Second Offense $1,000 fine. $1,000 fine and removal from the state registry.

Third Offense $2,500 fine. $2,500 fine and removal from the state registry.

(3) The board shall be entitled to deviate from the above-mentioned guidelines upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the board prior to the imposition of a final penalty. (a) Aggravating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines shall include but not be limited to the following:

1. History of previous violations of the practice act and the rules promulgated thereto.
2. In the case of negligence; of the magnitude and scope of the project and the damage inflicted upon the general public by the licensee’s misfeasance.
3. Evidence of violation of professional practice acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.
4. Violation of the provision of the practice act wherein a letter of guidance as provided in Section 455.225(3), F.S., has previously been issued to the licensee. (b) Mitigating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty beyond the minimum level of discipline in the guidelines shall include but not be limited to the following:
5. History of previous violations of the practice act and the rules promulgated thereto.
6. In the case of negligence; of the magnitude and scope of the project and the damage inflicted upon the general public by the licensee’s misfeasance.
7. Evidence of violation of professional practice acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.
8. Violation of the provision of the practice act wherein a letter of guidance as provided in Section 455.225(3), F.S., has previously been issued to the licensee.
9. Steps taken by the licensee or qualified business organization to insure the non-occurrence of similar violations in the future.
10. The degree of financial hardship incurred by a licensee as a result of the imposition of fines or the suspension of his practice. Rulemaking Authority 455.2273, 481.225 FS. Law Implemented 455.227(1), 455.2273, 481.225 FS. History–New 12-11-86, Formerly 21B-12.004, Amended 5-16-94, 10-20-96, 10-7-99, 6-8-00, 9-10-03, 12-12-04, 7-22-10, 8-26-12, 2-9-23, 9-11-23. 61G1-12.005 Citations. (1) Pursuant to Section 455.224, F.S. (1991), the Board sets forth in subsection (3) of this rule those violations for which there is no substantial threat to the public health, safety and welfare; or, if there is a substantial threat to the public health, safety and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the fine to be imposed. (2) Prior to issuance of the citation, the Department must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety and welfare, such potential for harm must be removed prior to issuance of the citation. (3) The following violations with accompanying fines may be disposed of by citation: (a) Practice on inactive license or delinquent license (Section 481.225(1)(h), F.S.) (Section 481.225(1)(h), F.S.) Fine based on length of time in practice while inactive; $100/month or $500 maximum. The individual must reactivate the license or cease practice.

(b) Failure of individual or qualified business organization to include their certificateof registration number (as other advertising medium) (Section 481.221(8), F.S. and paragraph 61G1-11.013(2)(a), F.A.C.) $250 fine and must comply with Section 481.221(8), F.S.

(c) Failure to timely report being convicted or found guilty of, or entering a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction (up to 30 days late) (Section 455.227(l)(t)), F.S. $250 Fine

(d) Failure to timely respond to a continuing education audit (Section 481.225(1)(a), F.S., and Rule 61-6.010, F.A.C.) $500 fine.

(e) Failure to timely complete two hours in advanced instruction in the Florida Building Code curriculum (Section 481.215(5), F.S., and Rule 61G1-24.001(1)(a), F.A.C.) $500 fine.

(4) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions thereof. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to paragraph 61G1-12.004(3)(a), F.A.C. (5) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 455.225, F.S., to be applied. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.225, F.S., shall apply. Rulemaking Authority 455.224, 455.225 FS. Law Implemented 455.224 FS. History–New 12-22-91, Amended 1-3-93, 3-28-93, Formerly 21B-12.005, Amended 11-16-93, 5-4-97, 2-25-98, 12-3-98, 6-30-99, 12-12-04, 1-16-07, 7-22-10, 2-17-15, 12-6-20. 61G1-12.0055 Mediation. (1) “Mediation” means a process whereby a mediator appointed by the department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and nonadversarial process with the objective of assisting the parties to reach a mutually acceptable agreement. (2) The Board finds that mediation is an acceptable method of dispute resolution for the following violation as it is economic in nature or can be remedied by the licensee: failure of the licensee to timely pay any assessed administrative fines or costs. (3) A “mediator” means a person who is certified in mediation by the Florida Bar, the Florida Supreme Court, or the Division of Administrative Hearings. Rulemaking Authority 455.2235 FS. Law Implemented 455.2235 FS. History–New 11-21-94. 61G1-12.006 Time Limitation for Payment of Administrative Fine. In cases where the Board imposes an administrative fine for a violation of Chapter 455 or 481, F.S., or the rules promulgated pursuant thereunder, the fine shall be paid within thirty (30) days from the date the order of the Board is rendered. Rulemaking Authority 455.227(2), 481.2055 FS. Law Implemented 455.227(2) FS. History–New 5-17-94. 61G1-12.007 Notice of Non-compliance. In accordance with Sections 120.695 and 455.225(3), F.S., when a complaint is received, the Department shall provide a licensee with a notice of non-compliance for an initial offense only of a minor violation. Failure of a licensee to take action in correcting the violation within 15 days after the notice shall result in the institution of regular disciplinary proceedings by the department. “Minor violation,” as used in Sections 120.695 and 455.225(3), F.S., is defined as follows: (1) Failure to date plans when signing and sealing as required by Section 481.221, F.S.; (2) Practicing on a delinquent license in violation of Section 455.271, F.S., for 120 days or less; (3) Failure to include the individual’s or the qualified business organization’s certificate number in any newspaper, telephone directory, or other advertising medium in violation of Section 481.221(10), F.S.; (4) Failure to report a change of address as required by Section 455.275, F.S. Rulemaking Authority 120.695, 455.225(3), 481.2055 FS. Law Implemented 120.695, 455.225(3) FS. History–New 2-29-96, Amended 2-25-98, 4-18-00, 8-19-15, 11-9-20.

Chapter 61G1-13 EDUCATION AND EXPERIENCE REQUIREMENTS

Fla. Admin. Code R. 61G1-13 EDUCATION AND EXPERIENCE REQUIREMENTS

CHAPTER 61G1-13 EDUCATION AND EXPERIENCE REQUIREMENTS 61G1-13.001 Experience Requirements 61G1-13.002 Credit for Experience (Repealed) 61G1-13.0021 Intern Development Program (Repealed) 61G1-13.003 Educational Requirements (Repealed) 61G1-13.004 Pre-Licensure Education Requirements 61G1-13.001 Experience Requirements. The requirements of Section 481.211, F.S. regarding the diversified program of architectural experience may be satisfied as follows: (1) For applicants for initial licensure, pursuant to Section 481.209, F.S., or by endorsement, pursuant to Section 481.213(3)(a), F.S., completion of the Architectural Experience Program (AXP) administered through the National Council of Architectural Registration Boards (NCARB). (2) For applicants for licensure by endorsement, pursuant to Section 481.213(3)(b), F.S., completion of the Architectural Experience Program (AXP) through NCARB or two (2) years of experience as a licensed architect in another NCARB jurisdiction. (3) For applicants for licensure by endorsement, pursuant to Section 481.213(3)(c), F.S., who have taken and passed a professional practice examination as outlined in the NCARB March 2020 Certification Guidelines, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12460. Rulemaking Authority 481.2055, 481.211, 481.213(6) FS. Law Implemented 481.211, 481.213 FS. History–New 12-23-79, Amended 5-18-83, Formerly 21B-13.01, Amended 12-10-86, 1-3-93, Formerly 21B-13.001, Amended 7-14-05, 10-28-12, 10-21-15, 4-11-17, 1-3-21. 61G1-13.002 Credit for Experience. Rulemaking Authority 581.211, 481.2055, 481.213(6) Law Implemented 481.211 History–New 12-23-79, Formerly 21B-13.02, 21B-13.002, Repealed 11-19-12. 61G1-13.0021 Intern Development Program. Rulemaking Authority 481.211, 481.213(6) FS. Law Implemented 481.211, 481.213(3)(c) FS. History–New 2-1-82, Amended 7-30-85, Formerly 21B-13.021, 21B-13.0021, Amended 1-10-99, 8-9-99, Repealed 11-19-12. 61G1-13.003 Educational Requirements. Rulemaking Authority 481.209(1)(b), 481.2055 FS. Law Implemented 481.209(1)(b), 481.203(6) FS. History–New 12-23-79, Amended 11-26-80, 6-12-84, 1-20-85, Formerly 21B-13.03, Amended 4-16-87, 4-21-88, 6-13-90, 1-3-93, Formerly 21B-13.003, Repealed 11-19-12. 61G1-13.004 Pre-Licensure Education Requirements. (1) All endorsement applicants, pursuant to Section 481.213, F.S., must complete two (2) hours of board approved education on wind mitigation techniques. (2) Applicants may comply with this requirement by completing at least two (2) hours of the following National Council of Architectural Registration Boards (NCARB) courses published 2017, at https://ce.ncarb.org/program_online_view_sa.php?prc=internal&pid=162: (a) Wind Forces Part 1: The Nature of Wind & Its Implications for Buildings; (b) Wind Forces Part II: Wind Effects on Building/Procedures for Wind-Resistant Design and Practice; (c) Wind Forces Part III: Concepts & Descriptive Examples of Building Design for Wind; (d) Wind Forces Part IV: Improving Building Wind Resistance & Stabilization, and/or (e) Wind Forces Part V: Wind Pressure Analysis, Strengthening Buildings, & Practice Considerations. Rulemaking Authority 481.213(6) FS. Law Implemented 481.213(3) F.S. History‒New 10-30-22.

Chapter 61G1-14 ARCHITECTURE EXAMINATION

Fla. Admin. Code R. 61G1-14 ARCHITECTURE EXAMINATION

CHAPTER 61G1-14 ARCHITECTURE EXAMINATION 61G1-14.001 Examination Designated, General Requirements 61G1-14.001 Examination Designated, General Requirements. The prescribed licensure examinations for purposes of licensure as a registered architect under Chapter 481, Part I, F.S., are as follows: (1) Applicants for initial licensure, pursuant to Section 481.209, F.S., or by endorsement, pursuant to Section 481.213(3)(a), F.S., shall take and pass the examination prepared and administered by the National Council of Architectural Registration Boards (NCARB) or have taken and passed a predecessor exam to the examination prepared and administered by the NCARB. (2) Applicants for licensure by endorsement, pursuant to Section 481.213(3)(b), F.S., shall have taken and passed the examination prepared and administered by the NCARB or have taken and passed a predecessor exam to the examination prepared and adminstered by the NCARB. (3) Applicants for licensure by endorsement, pursuant to Section 481.213(3)(c), F.S., shall have taken and passed one of the following examinations: (a) The examination prepared and adminstered by the NCARB; (b) A predecessor exam to the examination prepared and administered by the NCARB, or (c) A Canadian licensure examination accepted by the NCARB for certification as outlined in subsections 3.4 and 4.4 of the NCARB July 2013 Certification Guidelines, which are hereby incorporated by reference and available at http://www.ncarb.org/~/media/Files/PDF/Special-Paper/handbook.pdf or http://www.flrules.org/Gateway/reference.asp?No=Ref-08068. Rulemaking Authority 455.217, 481.213(6) FS. Law Implemented 455.217(1)(b), (c), 481.209 FS. History–New 12-23-79, Amended 5-18-83, Formerly 21B-14.01, 21B-14.001, Amended 4-22-97, 3-8-04, 7-14-05, 4-11-17.

Chapter 61G1-16 SEALS AND PLANS

Fla. Admin. Code R. 61G1-16 SEALS AND PLANS

CHAPTER 61G1-16 SEALS AND PLANS 61G1-16.001 Architect’s and Interior Designer’s Seal 61G1-16.002 Description of Seal 61G1-16.003 Use of Seal 61G1-16.004 Title Block 61G1-16.005 Procedures for Digitally Signing and Sealing and for Electronically Transmitting Plans, Specifications, Reports or Other Documents 61G1-16.001 Architect’s and Interior Designer’s Seal. Each architect and interior designer shall acquire a seal with which she or he shall identify all plans, specifications or reports prepared or issued by her or him and filed for public record. The seal shall be capable of leaving a permanent ink representation or other form of embossing or opaque and permanent impression, which also may be computer generated impressions, on the surface of prints or other duplications of drawings, and, as appropriate, upon specification pages, and other articles of service. Where required, electronic files may be sealed in accordance with Rule 61G1-16.005, F.A.C. Rulemaking Authority 481.221 FS. Law Implemented 481.221 FS. History–New 12-23-79, Formerly 21B-16.01, Amended 7-27-89, Formerly 21B-16.001, Amended 9-24-12, 11-11-13. 61G1-16.002 Description of Seal. (1) The seal shall contain the name of only one architect or interior designer and the registration number; the seal of the architect shall be circular, and the seal of the interior designer shall be hexagonal. Both seals shall be approximately 2” in diameter with two circular lines between which lines shall appear, at the top, the words “State of Florida” and at the bottom the words “registered architect” or “registered interior designer,” whichever is applicable. Seals stating “Licensed Interior Designer,” lawfully obtained by registered interior designers prior to January 1, 2015, may continue to be lawfully used.

(2) Any individual who is both a registered architect and a registered interior designer must use a seal which contains both the architect and interior design registration numbers, in such a manner:

Rulemaking Authority 481.221 FS. Law Implemented 481.221 FS. History–New 12-23-79, Formerly 21B-16.02, Amended 7-27-89, Formerly 21B-16.002, Amended 1-16-07, 11-11-13, 3-22-15. 61G1-16.003 Use of Seal. (1) The personal seal, signature and date of the architect or interior designer shall appear on all architectural or interior design documents to be filed for public record and shall be construed to obligate his partners or his corporation. A corporate seal alone is insufficient. Documents shall be signed personally and sealed by the responsible architect or interior designer. Final official record documents (not tracings, etc.) shall be so signed. The signing and sealing of the specification index sheets shall be considered adequate. All drawing sheets and pages shall be so signed and sealed. An architect or interior designer shall not affix, or permit to be affixed, his seal or name to any plan, specifications, drawings, or other related document which was not prepared by him or under his responsible supervising control as provided in rule Chapter 61G1-23, F.A.C. An architect or interior designer shall not use his seal or do any other act as an architect or interior designer unless holding at the time a certificate of registration and all required renewals thereof. (2) When utilizing Electronically Transmitted Plans, which are Digitally Signed and Sealed pursuant to the provisions of Rule 61G1-16.005, F.A.C., and when all the transmitted drawings are transmitted as a single-bound and secured set, it shall be sufficient for the architect or interior designer to apply their digital signatuare and seal to the Cover or First Sheet of that bound set, as long as an accurate Index of Drawings, listing all the architectural or interior design sheets, with their sheet number and latest revise date, which are intended to be signed and sealed is included within that Cover or First Sheet. Rulemaking Authority 481.2055, 481.221 FS. Law Implemented 481.221, 481.225(1)(e), (g), (j), 481.2251(1)(g), (h), (i) FS. History–New 12-23-79, Formerly 21B-16.03, Amended 7-27-89, Formerly 21B-16.003, Amended 11-21-94, 4-18-00, 5-28-19. 61G1-16.004 Title Block. A title block must appear on all architectural or interior design drawings and specification identification sheets that are required to be signed and sealed. The title block must, at a minimum, contain the following information: (1) Firm name, address, and telephone number. (2) Qualifier’s license number. (3) Name or identification of project. (4) Date prepared. (5) A space for the signature and dated seal. (6) The printed name and the license/registration number of the person sealing the document. (7) The date of plans revision, if the plans are revised. (8) For the purposes of this rule, firm is defined to be a corporation, limited liability company, partnership, person practicing under a fictitious name, or person practicing architecture or interior design in his or her own name. Rulemaking Authority 481.2055, 481.221(1), (3) FS. Law Implemented 481.219, 481.221(1), (3) FS. History–New 9-7-00, Amended 3-16-14, 12-9-20. 61G1-16.005 Procedures for Digitally Signing and Sealing and for Electronically Transmitting Plans, Specifications, Reports or Other Documents. (1) Information stored in electronic files representing plans, specifications, plats, reports, or other documents which must be sealed under the provisions of Chapter 481, F.S., shall be signed, dated and sealed by the architect or interior designer in responsible charge. (a) A scanned image of an original signature shall not be used in lieu of a digital or electronic signature unless such scanned image of a digital signature is required by any governmental entity as part of its procedure for submitting and accepting the documents identified in this rule during the Covid-19 pandemic. (b) The date that the electronic signature file was created or the digital signature was placed into the document must appear on the document in the same manner as date is required to be applied when a licensee uses the manual sealing procedure set out in Rule 61G1-16.003, F.A.C. (2) An architect or interior designer utilizing a digital or electronic signature to seal construction documents shall assure that the signature is: (a) Unique to the person using it; (b) Capable of verification within the native software and without use of a third-party; (c) Under the sole control of the person using it; and (d) Linked to a document in such a manner that the signature is invalidated if any data in the document are changed. (3) Each digitally or electronically signed file shall have an authentication code defined as a message digest described in Federal Information Processing Standard Publication 180-4 “Secure Hash Standard,” March 2012, which is hereby adopted and incorporated by reference by the Board and can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-01340 or the internet website: http://csrc.nist.gov/publications/fips/fips180-4/fips-180-4.pdf. Rulemaking Authority 481.2055, 481.221(2), (3) FS. Law Implemented 481.221(2), (3) FS. History–New 4-23-06, Amended 7-29-12, 11-11-13, 6-9-21, 7-7-24.

Chapter 61G1-17 FEES

Fla. Admin. Code R. 61G1-17 FEES

CHAPTER 61G1-17 FEES 61G1-17.001 Professional Fees for Architects 61G1-17.002 Professional Fees for Interior Designers 61G1-17.003 Professional Fees and Penalties for Individuals Licensed Both as a Registered Architect and Interior Designer (Repealed) 61G1-17.001 Professional Fees for Architects. The following fees and penalties are hereby adopted by the Board: (1) The fee for licensure by initial examination shall be $35.00. (2) The biennial renewal fee for individuals electing active status shall be $100.00. (3) The fee for licensure by endorsement shall be as follows: (a) For those individuals holding Council Certification (blue cover) from the National Council of Architecture Registration Boards (NCARB) $65.00. (b) For all other applicants $175.00. (4) The fee to reactivate an inactive status license (at the normal biennial renewal time) shall be $75.00. (5) Any applicant who takes the professional examination may, upon payment of $50.00 to the Department and any fees required by NCARB, and at a mutually convenient time, examine her or his answers or questions, papers, grades and grading key upon such terms and conditions as set forth by the Department of Business and Professional Regulation. All such reviews shall be subject to NCARB and Department testing security requirements in order to insure the integrity of the examination. (6) There shall be a $5.00 fee collected both upon initial licensure and license renewal for the purpose of combating unlicensed activity. This fee shall be collected in addition to all other fees collected from each licensee, except that if the Department concurs and the Board is not in deficit, this fee shall be earmarked from the current licensure fee. (7) The fee for a license status change (active to inactive or inactive to active) at any time during the biennium, other than the normal biennial renewal time shall be $50.00. (8) In addition to the regular biennial renewal fee, the fee to renew either an active or inactive status license after the deadline for renewal (and the license has become delinquent) shall be $25.00. (9) The fee to renew an inactive status license shall be $50.00. (10) The application fee to reinstate a void license is $475.00. Rulemaking Authority 455.213, 455.217(4), 455.2281, 455.271, 481.2055, 481.207 FS. Law Implemented 455.217(4), 455.2281, 455.271, 481.207, 481.209, 481.219 FS. History– New 12-23-79, Amended 12-19-82, 5-18-83, 6-12-84, 7-30-85, Formerly 21B-17.01, Amended 9-23-86, 5-16-87, 12-6-87, 4-17-89, 12-24-89, 3-14-91, Formerly 21B-17.001, Amended 9-27-93, 8-21-94, 11-21-94, 4-22-97, 3-15-99, 9-7-04, 10-23-06, 9-24-12, 9-17-17, 10-22-18, 1-6-20, 11-9-20. 61G1-17.002 Professional Fees for Interior Designers. (1) The application and initial certificate of registration fee for the interior designers shall be thirty dollars ($30). However, in no event will an initial certificate of registration be issued if the application and initial registration fee and all required documents are not received within 6 months of the date of certification by the Board. In such case, the certification expires and the individual affected must reapply and requalify for licensure based on the laws and rules in effect at the time of the new application. (2) The biennial renewal fee for individuals electing active status shall be $75.00. (3) The fee for licensure by endorsement shall be $30. (4) The fee for reactivation from inactive status shall be $75.00. (5) Provider Fees and Continuing Education Course Fees. (a) The application fee for continuing education providership is $25. (b) The application fee for each continuing education course is $25. Course renewals are contingent upon the renewal of their corresponding provider. (c) Providerships and courses may be renewed at the end of the biennium for a fee of $25 each. (6) There shall be a $5.00 fee collected both upon initial certificate of registration licensure and registration renewal for the purpose of combating unlicensed activity. This fee shall be collected in addition to all other fees collected from each registrant, except that if the Department concurs and the Board is not in deficit, this fee shall be earmarked from the current registration fee. (7) The processing fee shall be $50.00. This fee is charged when a licensee changes status at any time during the biennium, other than the normal biennial renewal time. (8) There will be a $25.00 delinquency fee. (9) There will be a $50.00 fee for renewal of an inactive license. (10) Application fee for architects who wish to be registered as interior designers is $30.00. (11) The application fee to reinstate a void license shall be $475.00. Rulemaking Authority 455.213(2), 455.2281, 455.271, 481.2055, 481.207, 481.229(5)(b) FS. Law Implemented 455.2281, 455.271(6), 481.207, 481.219, 481.229 FS. History–New 12-21-88, Amended 5-10-89, 7-2-89, 12-24-89, 12-3-90, 2-28-91, 5-31-92, 11-11-92, Formerly 21B-17.002, Amended 9-27-93, 11-15-93, 11-21-94, 1-31-96, 10-20-96, 1-10-99, 3-15-99, 9-7-04, 11-9-06, 8-26-12, 9-17-17, 10-22-18, 1-6-20, 11-9-20. 61G1-17.003 Professional Fees and Penalties for Individuals Licensed Both as a Registered Architect and Interior Designer. Rulemaking Authority 481.2055 FS. Law Implemented 455.2281, 481.207, 481.221 FS. History–New 6-5-95, Repealed 12-22-11.

Chapter 61G1-18 PROCEDURES FOR A SUCCESSOR ARCHITECT ADOPTING AS HIS OWN THE WORK OF ANOTHER ARCHITECT

Fla. Admin. Code R. 61G1-18 PROCEDURES FOR A SUCCESSOR ARCHITECT ADOPTING AS HIS OWN THE WORK OF ANOTHER ARCHITECT

CHAPTER 61G1-18 PROCEDURES FOR A SUCCESSOR ARCHITECT ADOPTING AS HIS OWN THE WORK OF ANOTHER ARCHITECT 61G1-18.002 Procedures for a Successor Architect Adopting as His Own the Work of Another Architect 61G1-18.002 Procedures for a Successor Architect Adopting as His Own the Work of Another Architect. (1) A successor registered architect seeking to reuse already sealed contract documents under the successor registered architect's seal must be able to document and produce upon request evidence that he has in fact recreated all the work done by the original registered architect. Further, the successor registered architect must take all professional and legal responsibility for the documents which he sealed and signed and can in no way exempt himself from such full responsibility. Plans need not be redrawn by the successor registered architect; however, justification for such action must be available through well kept and complete documentation on the part of the successor registered architect as to his having rethought and reworked the entire design process. A successor registered architect must use his own title block, seal and signature and must remove the title block, seal and signature of the original registered architect before sealing, signing and dating any sealed contract documents. (2) Prior to sealing, signing and dating work, a successor registered architect shall be required to notify the original registered architect, his successors, or assigns by certified letter to the last known address of the original registered architect of the successor's intention to use or reuse the original registered architect's work. The successor registered architect will take full responsibility for the drawing as though they were the successor registered architect's original product. Rulemaking Authority 481.2055, 481.221(6) FS. Law Implemented 481.221(6) FS. History–New 1-16-86, Amended 5-16-89, Formerly 21B-18.002.

Chapter 61G1-20 INTERIOR DESIGN EXAMINATION AND GRADING SYSTEM

Fla. Admin. Code R. 61G1-20 INTERIOR DESIGN EXAMINATION AND GRADING SYSTEM

CHAPTER 61G1-20 INTERIOR DESIGN EXAMINATION AND GRADING SYSTEM 61G1-20.001 Examination Designated (Repealed) 61G1-20.001 Examination Designated. Rulemaking Authority 455.217 FS. Law Implemented 455.217(1)(b), 481.209 FS. History–New 7-4-90, Formerly 21B-20.001, Amended 5-30-95, 5-4-97, 3-8-04, 7-14-05, Repealed 11-9-20.

Chapter 61G1-21 CONTINUING EDUCATION/INTERIOR DESIGNERS

Fla. Admin. Code R. 61G1-21 CONTINUING EDUCATION/INTERIOR DESIGNERS

CHAPTER 61G1-21 CONTINUING EDUCATION/INTERIOR DESIGNERS 61G1-21.001 Continuing Education for Interior Designers 61G1-21.002 Organization and Administration (Repealed) 61G1-21.003 Instructions, Applications and General Information for Interior Design Continuing Education 61G1-21.004 Continuing Education Program of Learning Approval (Repealed) 61G1-21.005 Reporting of Continuing Education Hours (Repealed) 61G1-21.006 Inactive Florida Registered Interior Designers Who Desire to Reactivate 61G1-21.008 Definition of a Complete Application 61G1-21.009 Definition of a Complete Application (Repealed) 61G1-21.001 Continuing Education for Interior Designers. (1) Each registered interior designer in Florida shall complete a minimum of 20 hours of continuing professional education, 14 hours in health, safety, and welfare, 2 hours in advanced or specialized Florida Building Code, and 4 hours optional or health, safety, per biennial period, as defined in subsection (2), below. This requirement shall be met through either: (a) Programs approved by the Board, provided that a minimum of two (2) of the 20 required hours must be obtained by completing an approved provider’s specialized or advanced course(s), on the Florida Building Code, relating to the interior designer’s respective area of practice; or (b) Submission of proof of compliance with the continuing education requirements of another state in which the interior designer is licensed, certified or registered, provided that the requirements of the other state equal or exceed the completion of 20 hours in a two year period, be that the education build upon the basic knowledge of interior design, and require that a minimum of two (2) of the 20 required hours be obtained by completing an approved provider’s specialized or advanced course(s), approved by the board, on the Florida Building Code, relating to the interior designer’s respective area of practice. (2) The initial and each succeeding biennial period, also known as “Renewal Cycle,” shall mean a period of time consisting of two, 12-month years at the end of which the interior designer renews his/her certificate of registration. The renewal cycle for an interior designer’s registration begins each odd-numbered year on March 1 and continues for two consecutive years until February 28 of the next odd-numbered year. At the time of registration renewal, an interior designer will certify completion of 20 hours for the prior renewal cycle. Rulemaking Authority 481.2055, 481.215 FS. Law Implemented 481.215(3), (4), (5) FS. History–New 11-29-90, Amended 9-2-92, Formerly 21B-21.001, Amended 5-4-97, 4-12-04, 12-13-04, 7-14-05, 3-20-16, 12-9-20. 61G1-21.002 Organization and Administration. Rulemaking Authority 481.215(4), 481.2055 FS. Law Implemented 481.215(5) FS. History–New 11-29-90, Formerly 21B-21.002, Amended 5-28-12, Repealed 11-19-12. 61G1-21.003 Instructions, Applications and General Information for Interior Design Continuing Education. The requirements for and approval of continuing education is covered in-depth by the Board’s publication “Interior Design Continuing Education Handbook Instructions, Applications and General Information for Interior Design Continuing Education” (“the Handbook”) (2016), which is hereby incorporated by reference, effective January 2016, a copy of which may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-06746 or the Board office. The Handbook contains three forms for use with the handbook. The applicant shall submit the applicable form, (DBPR ID 4002/revised 01/16), Interior Design Continuing Education Provider and Course Application, (DBPR ID 4002-Part A/revised 01/16), Interior Design Education Course Evaluation Summary Form, or (DBPR ID 4002-Part B/revised 01/16), Provider Course Evaluation Summary Form, which are hereby incorporated by reference, effective January 2016, copies of which may be obtained from the Board office. The Board office is located at 2601 Blair Stone Road, Tallahassee, FL 32399-0771. Rulemaking Authority 455.2179, 481.215(4) FS. Law Implemented 481.215(4) FS. History–New 11-29-90, Formerly 21B-21.003, Amended 9-14-93, 6-22-95, 10-8-96, 10-16-08, 6-8-10, 12-27-12, 1-31-16, 5-10-16. 61G1-21.004 Continuing Education Program of Learning Approval. Rulemaking Authority 481.215(5), 481.2055 FS. Law Implemented 481.215(5) FS. History–New 11-29-90, Amended 3-1-93, 7-7-93, Formerly 21B-21.004, Amended 9-14-93, 6-22-95, 10-8-96, Repealed 8-2-09. 61G1-21.005 Reporting of Continuing Education Hours. Rulemaking Authority 481.215(5), 481.2055 FS. Law Implemented 481.215(5) FS. History–New 11-29-90, Formerly 21B-21.005, Amended 5-4-97, Repealed 11-19-12. 61G1-21.006 Inactive Florida Registered Interior Designers Who Desire to Reactivate. In order to reactivate an inactive certificate of registration, the registrant must complete at least one renewal cycle of continuing education as specified in Rule 61G1-21.001, F.A.C. The necessary hours must have been completed in the twenty-four months immediately preceding the date of application for reactivation. This twenty-four month requirement will be waived where the registrant can document completion of the requirements in the same manner as if the registrant had remained active. Rulemaking Authority 481.217, 481.2055 FS. Law Implemented 455.271(4), 481.217 FS. History–New 11-15-93, Amended 8-9-99, 9-24-12, 4-2-14, 12-9-20. 61G1-21.008 Definition of a Complete Application. Rulemaking Authority 481.2055 FS. Law Implemented 455.271(5), (6), 481.217 FS. History–New 8-9-99, Amended 5-28-12, Transferred to 61G1-24.005. 61G1-21.009 Definition of a Complete Application. Rulemaking Authority 481.2055 FS. Law Implemented 455.271(6), 481.217 FS. History–New 1-10-99, Amended 5-28-12, Formerly 61G1-24.003, Repealed 4-6-14.

Chapter 61G1-22 INTERIOR DESIGN EXPERIENCE AND EDUCATION

Fla. Admin. Code R. 61G1-22 INTERIOR DESIGN EXPERIENCE AND EDUCATION

CHAPTER 61G1-22 INTERIOR DESIGN EXPERIENCE AND EDUCATION 61G1-22.001 Interior Design Professional Experience Requirements (Repealed) 61G1-22.002 Schedule for Award of Interior Design Professional Experience (Repealed) 61G1-22.003 Education Requirements for Interior Designers (Repealed) 61G1-22.001 Interior Design Professional Experience Requirements. Rulemaking Authority 481.2055, 481.209(2), 481.213(6) FS. Law Implemented 481.209(2) FS. History–New 5-20-91, Formerly 21B-22.001, Repealed 11-9-20. 61G1-22.002 Schedule for Award of Interior Design Professional Experience. Rulemaking Authority 481.2055, 481.209(2), 481.213(6) FS. Law Implemented 481.209(2) FS. History–New 5-20-91, Formerly 21B-22.002, Amended 8-6-09, Repealed 11-9-20. 61G1-22.003 Education Requirements for Interior Designers. Rulemaking Authority 481.203(8), 481.209(2), 481.2055 FS. Law Implemented 481.203(8), 481.209(2) FS. History–New 12-4-90, Amended 7-14-93, Formerly 21B-22.003, Amended 8-9-99, 7-30-07, 10-12-09, 10-20-13, Repealed 11-9-20.

Chapter 61G1-23 RESPONSIBLE SUPERVISING CONTROL

Fla. Admin. Code R. 61G1-23 RESPONSIBLE SUPERVISING CONTROL

CHAPTER 61G1-23 RESPONSIBLE SUPERVISING CONTROL 61G1-23.010 Responsible Supervising Control Over Architectural or Interior Design Work 61G1-23.015 Demonstrating the Application of Responsible Supervising Control Over Architectural or Interior Design Work 61G1-23.020 Responsible Supervising Control of Documents for Exempt Buildings Which Require and Architect’s Seal and Signature for Building Permit Purposes 61G1-23.025 Standards for Architectural or Registered Interior Design Supervision in Construction or Marketing Offices 61G1-23.030 Standards for Architectural Supervision in Construction or Marketing Offices (Repealed) 61G1-23.040 Responsible Supervising Control Over Interior Design Practice in the Registered Interior Designer’s Office 61G1-23.050 Responsible Supervising Control Over Interior Design Practice Outside of the Registered Interior Designer’s Office 61G1-23.060 Standards for Interior Design Supervision in Field or Marketing Offices 61G1-23.010 Responsible Supervising Control Over Architectural or Interior Design Work. The preparation of architectural or registered interior design work, defined in Sections 481.203(2) and (10), F.S., must occur under the responsible supervising control of an architect licensed or an interior designer registered in this State. Such control ensures that the required professional standard of care is applied, in order to safeguard the public from harm and confirm that the owner’s needs and requirements as well as applicable codes and standards are met. (1) The person responsible for the exercise of responsible supervisory control over architectural or interior design work shall be the person who signs and seals the documents related to the work. (2) The responsible supervising control which is required of architects or registered interior designers prior to signing and sealing architectural or interior design documents, respectively, as that term is used in Sections 481.221(6), and (7), F.S., shall mean: (a) Direct contact between the architect or registered interior designer and his/her client.

1. The client shall have direct uninterrupted access to the architect or registered interior designer at all times, during the preparation of all architectural or interior design work. Access shall begin with the start of the work and continue, without interruption until the work is completed or construction of the project is completed. (b) To avoid ambiguity, the architect or registered interior designer and their client should have a written agreement, describing in detail, the work to be done and all pertinent requirements at a minimum, time for performance and general expectations. (c) The architect or registered interior designer shall have direct participation in and detailed knowledge of the work, during its progress. Such involvement shall include, but not be limited to:
2. Direct preparation of research, investigations, designs or documents.
3. Regular review and examination, with commentary on designs or documents while their preparation is progressing.
4. Meetings with clients, at times appropriate to the progress of the work, for the review of project goals, requirements and expectations.
5. Meetings with others, having authority over the work, such as: representatives of agencies having jurisdiction over the project, contractors, manufacturers, consultants.
6. Review, examination, modification, approval and adoption of work prepared by others to be incorporated in the work.
7. Review, comment on and revision, as necessary, of the various documents required for execution of the work. (3) An architect or registered interior designer must demonstrate that they are exercising responsible supervisory control over multiple projects through one of the requirements set forth by Sections 481.221(2), (4), and (6), F.S., and these rules. (4) An architect or registered interior designer shall provide responsible supervising control personally or through direct employment of others who may themselves be licensed or who are duly trained and knowledgeable. The architect or registered interior designer shall, in their discretion, determine the appropriate methods and means for exercising responsible supervising control. (5) Indirect employment arrangements, such as independent contractors, may not provide responsible supervising control on behalf of a licensee or registrant, unless there is a specific written agreement governing those services, which details the duties and responsibilities of the architect or registered interior designer and the independent contractor with respect to responsible supervising control, as described in subsection (2) above. (6) When work prepared by an architect falls within the definition of Interior Design in Section 481.203(10), F.S., the procedures of Rule 61G1-23.010, F.A.C., shall be followed. (7) When work that falls within the definition of Interior Design in Section 481.203(10), F.S., and prepared by a registered interior designer is to incorporated in the architect’s work, the procedures of subparagraph 61G1-23.010(2)(c)5., F.A.C., above, shall be followed. (8) Notwithstanding the above provisions, an architect’s or registered interior designer’s duty to exercise responsible supervisory control over his/her work , is undelegable. Rulemaking Authority 481.203(14), 481.205(4), 481.2055 FS. Law Implemented 481.205(4), 481.221(4), 481.221(5), 481.223, 481.225 FS. History–New 11-21-94, Amended 7-3-03, 9-22-21, 9-28-25. 61G1-23.015 Demonstrating the Application of Responsible Supervising Control Over Architectural or Interior Design Work. The Board may, as part of its investigation of a complaint against a licensed architect or regisered interior designer, require that an architect or interior designer provide evidence which demonstrates that the architect or interior designer has provided an appropriate level of Supervising Control over a project or projects. (1) Evidence demonstrating Responsible Supervising Control shall consist of project records, customary to architectural or interior design practice by an architect or registered interior designer, as appropriate, exercising the required professional standard of care, such as: (a) Written project agreements. (b) Records memorializing meetings between project participants. (c) Communications between project participants. (d) Documentation of research, or investigations conducted on behalf of the project. (e) Design sketches at various stages of development, indicating the progress of the project. (f) Notations memorializing reviews, corrections or revisions of documents prepared for the project. (2) Evidence may be presented in any medium which can be readily reviewed by the Board and must be sufficient to demonstrate the application of Responsible Supervising Control across the duration of the Project timeline. (3) Determination of the sufficiency of evidence presented will be by the Board, or its Probable Cause Panel, as appropriate. Rulemaking Authority 481.2055 FS. Law Implemented 481.203(16), 481.205(4), 481.221(6), 481.223, 481.225 FS. History–New 11-21-94, Amended 9-22-21. 61G1-23.020 Responsible Supervising Control of Documents for Exempt Buildings Which Require and Architect’s Seal and Signature for Building Permit Purposes. The procedures set forth in Rule 61G1-23.010, F.A.C., shall also be followed when an architect is required by local building ordinance to sign and seal plans for buildings which unlicensed persons are authorized to design under the exceptions contained in Sections 481.229(1)(a)-(c), F.S. Rulemaking Authority 481.2055 FS. Law Implemented 481.205(4), 481.221(4), 481.223, 481.225 FS. History–New 11-21-94, Amended 9-22-21. 61G1-23.025 Standards for Architectural or Registered Interior Design Supervision in Construction or Marketing Offices. (1) An architectural or registered interior design office which is a construction or site office is considered as offering architectural or interior design services to the public, and therefore, such office must comply with the requirements of Rule 61G1-23.010, F.A.C., above. (2) Any architect, registered interior designer or architectural qualified business organization or registered interior design business can advertise in any medium, even if an office is not physically present in the area of the advertisement. Such advertisement or listing, however, shall not mislead the public into believing that the phone number and address given is capable of offering architectural or interior design services to the public if in fact the phone or address listed is not an architectural or registered interior design office and shall be clearly listed or designated as a marketing office only or a construction or site office, as applicable. (3) All firms shall notify the Board of Architecture and Interior Design of the location of all marketing offices and the individuals who will be assigned to such office within sixty (60) days of such an assignment. Rulemaking Authority 481.2055 FS. Law Implemented 481.221(4), 481.223, 481.225, 481.229 FS. History–New 11-21-94, Amended 5-13-04, 9-22-21. 61G1-23.030 Standards for Architectural Supervision in Construction or Marketing Offices. Rulemaking Authority 481.2055 FS. Law Implemented 481.221(4), 481.223, 481.225, 481.229 FS. History–New 11-21-94, Amended 5-13-04, Repealed 9-22-21. 61G1-23.040 Responsible Supervising Control Over Interior Design Practice in the Registered Interior Designer’s Office. Each interior design office maintained for the preparation of drawings, specifications, reports and other professional work shall have a registered interior designer duly registered with the Board of Architecture and Interior Design within that office with full authority and in responsible charge, having direct knowledge and supervising control over such work. The responsible supervising control which is required of interior designers prior to sealing and signing interior design documents as that term is used in Section 481.203(16), F.S., shall mean: (1) Personal supervision by the registered interior designer exercised throughout the preparation of documents, instruments of service, specifications, reports or other work which requires the seal and signature of a registered interior designer; or (2) Review, approval, modification, or adoption, as the registered interior designer’s work of any documents, instruments of service, specifications, reports or other work, so long as the aforesaid were prepared in the registered interior designer’s offices by an employee of the registered interior designer, or by an agent of the registered interior designer under a written agreement with the registered interior designer to assist in the preparation of such documents. Rulemaking Authority 481.2055 FS. Law Implemented 481.203(16) FS. History–New 8-21-95, Amended 2-17-15. 61G1-23.050 Responsible Supervising Control Over Interior Design Practice Outside of the Registered Interior Designer’s Office. A registered interior designer may seal and sign any documents, instruments of service, specifications, reports or other work which requires the seal and signature of a registered interior designer prepared outside of the registered interior designer’s office, so long as all of the procedures set forth below are met. (1) The registered interior designer accepts professional responsibility for all interior design activities of a project performed outside of the registered interior designer’s office throughout design development, and the production of all documents and instruments of service. The registered interior designer shall prepare and maintain as evidence of the registered interior designer’s continuing effort in such work, written calculations, correspondence, time records, check prints, telephone logs, site visit logs or research done for the project and shall provide such evidence to state or local authorities upon their request. (2) The registered interior designer maintains written documentation that the registered interior designer has personally supervised the preparation of all documents and instruments of service, reviewed all project data, personally inspected the project site and entered into a written agreement with the persons preparing the documents accepting professional responsibility for such work. (3) The registered interior designer makes certain, if the work which the registered interior designer intends to seal and sign, has been prepared by another person outside the registered interior designer’s office, that whenever such final work is submitted to a client, building owner or building user, the registered interior designer is present during such submissions in order to respond to questions from the client, owner or user. The registered interior designer must maintain written minutes of such a submission meeting. (4) If a registered interior designer fails to maintain written documentation of the items set forth in subsections (1)-(3) above, then the registered interior designer shall be considered to be in violation of Sections 481.221(7), F.S., and the registered interior designer shall be subject to disciplinary penalties as provided in paragraph 61G1-12.004(2)(c), F.A.C., “Plan Stamping.” Rulemaking Authority 481.2055, 481.221(7) FS. Law Implemented 481.221(7), 481.2551 FS. History–New 8-21-95, Amended 2-17-15. 61G1-23.060 Standards for Interior Design Supervision in Field or Marketing Offices. (1) An interior design office which is a marketing office is not considered as offering interior design services to the public, and therefore, does not need a separate interior designer assigned directly to such office. (2) An interior designer shall not be required to be assigned to a marketing office. A marketing office is defined as an office of an interior design firm wherein no production of drawings, specifications, reports or other professional work occurs and is intended solely for the purpose of advertising or marketing an interior design firm’s services to the public. The client contact permitted as a marketing office by non-registered persons shall only include marketing a firm’s qualifications and capabilities. No other professional activities shall be performed at this office. (3) Any interior designer or interior designing firm can advertise in any medium, including the telephone directory yellow pages, even if no office is physically present in the area of the advertisement. Such advertisement or listing, however, shall not mislead the public into believing that the phone number and address given is capable of offering interior design services to the public if in fact the phone or address listed is not an interior design office and must be clearly listed or designated as a marketing office only. (4) All firms shall notify the Board of Architecture and Interior Design of the location of all marketing offices and the individuals who will be assigned to such office within sixty (60) days of such an assignment. Rulemaking Authority 481.2055 FS. Law Implemented 481.221(5), 481.2251, 481.229 FS. History–New 8-21-95, Amended 5-13-04.

Chapter 61G1-24 CONTINUING EDUCATION FOR ARCHITECTS

Fla. Admin. Code R. 61G1-24 CONTINUING EDUCATION FOR ARCHITECTS

CHAPTER 61G1-24 CONTINUING EDUCATION FOR ARCHITECTS 61G1-24.001 Continuing Education for Architects 61G1-24.002 Instructions, Applications and General Information for Architecture Continuing Education 61G1-24.003 Definition of a Complete Application (Transferred) 61G1-24.004 Inactive Florida Registered Architects Who Desire to Reactivate 61G1-24.005 Definition of a Complete Application (Repealed) 61G1-24.001 Continuing Education for Architects. (1) Each architect in Florida shall complete a minimum of 24 hours of continuing professional education, in health, safety and welfare related courses, per biennial period, as further defined in subsection (2) below. This requirement shall be met through either: (a) Programs approved by the Board, provided that a minimum of two (2) of the 24 required hours must be obtained by completing an approved provider’s specialized or advanced course(s), on the Florida Building Code, relating to the architect’s respective area of practice; or (b) Submission of proof of compliance with the continuing education requirements of another state in which the architect is licensed, provided that the requirements of the other state equal or exceed the completion of 24 hours in a two year period, be that the education build upon the basic knowledge of architecture, and require that a minimum of two (2) of the 24 required hours be obtained by completing specialized or advanced course(s), approved by the board, on the Florida Building Code, relating to the architect’s respective area of practice. (2) A biennial period, also known as “Renewal Cycle,” shall mean a period of time consisting of two, 12-month years at the end of which the architect renews his/her license. The renewal cycle for architecture license begins each odd-numbered year on March 1 and continues for two consecutive years until February 28 of the next odd-numbered year. (3) The Reporting Cycle shall mean, a period of time consisting of two calendar years immediately prior to an architect’s licensure renewal during which an architect will complete the 24 hours of continuing education. The reporting cycle shall begin January 1st of each odd numbered year and end on December 31st of the next even number year. At the time of licensure renewal, an architect will certify completion of 24 hours for the prior reporting cycle. Rulemaking Authority 481.2055, 481.215 FS. Law Implemented 481.215(3), (4), (5) FS. History–New 1-17-96, Amended 4-12-04, 12-13-04, 7-14-05, 11-21-12, 3-20-16, 12-20-20. 61G1-24.002 Instructions, Applications and General Information for Architecture Continuing Education. The requirements for and approval of continuing education is covered in-depth by the Board’s publication “Architecture Continuing Education Handbook Instructions, Applications and General Information for Architecture Continuing Education” (“the Handbook”) (2016), which is hereby incorporated by reference, effective January 2016, a copy of which may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-06745 or the Board office. The Handbook contains three forms for use with the booklet. The applicant shall submit the applicable form, (DBPR AID 4003/revised January 2016), Architecture Continuing Education Provider/Course Application, (DBPR AID 4003-Part A/revised January 2016), Architecture Education Course Evaluation Summary Form, or (DBPR AID 4003-Part B/revised January 2016), Provider Course Evaluation Summary Form, which are hereby incorporated by reference, effective January 2016, copies of which may be obtained from the Board office. The Board office is located at 2601 Blair Stone Road, Tallahassee, FL 32399-0771. Rulemaking Authority 455.2179, 481.215(4) FS. Law Implemented 481.215(4) FS. History–New 1-17-96, Amended 10-8-96, 1-11-00, 10-16-08, 3-7-10, 12-27-12, 1-31-16, 5-10-16. 61G1-24.003 Definition of a Complete Application. Rulemaking Authority 481.2055 FS. Law Implemented 455.271(6), 481.217 FS. History–New 1-10-99, Amended 5-28-12, Transferred to 61G1-21.009. 61G1-24.004 Inactive Florida Registered Architects Who Desire to Reactivate. In order to reactivate, an inactive licensee must complete at least one renewal cycle of continuing education as specified in Rule 61G1-24.001, F.A.C. The necessary hours must have been completed in the twenty-four months immediately preceding the date of application for reactivation. This twenty-four month requirement will be waived where the licensee can document completion of the requirements in the same manner as if the licensee had remained active. Rulemaking Authority 481.217, 481.2055 FS. Law Implemented 455.271(4), (5), 481.217, 559.79 FS. History–New 9-24-12, Amended 4-2-14, 1-3-21.

61G1-24.005 Definition of a Complete Application. Rulemaking Authority 481.2055 FS. Law Implemented 455.271(5), (6), 481.217 FS. History–New 8-9-99, Amended 5-28-12, Formerly 61G1-21.008, Repealed 4-6-14.

Chapter 61G1-25 RESPONSIBILITY RULES OF ARCHITECTS PROVIDING THRESHOLD BUILDING INSPECTION

Fla. Admin. Code R. 61G1-25 RESPONSIBILITY RULES OF ARCHITECTS PROVIDING THRESHOLD BUILDING INSPECTION

CHAPTER 61G1-25 RESPONSIBILITY RULES OF ARCHITECTS PROVIDING THRESHOLD BUILDING INSPECTION 61G1-25.001 General Responsibility 61G1-25.002 Definitions 61G1-25.003 Certification Qualifications for Threshold Building Inspectors 61G1-25.004 Common Requirements to all Architects Providing Threshold Building Inspection Services 61G1-25.001 General Responsibility. Architects offering threshold building inspection services pursuant to Section 553.79, F.S., shall provide inspections in accordance with the structural inspection plan provided by the engineer or architect of record to insure compliance with permitted documents. Rulemaking Authority 481.2055, 481.225 FS. Law Implemented 481.213(7) FS. History–New 5-23-01. 61G1-25.002 Definitions. (1) Threshold Building Inspector: An architect who meets the qualifications and standards set by this rule chapter. (2) Authorized Representative: A representative of the threshold building inspector who undertakes inspections and site visits under the responsible charge of the threshold building inspector. (3) Structural Inspection Plan: The plan filed for public record by the architect or engineer of record to the enforcing agency to provide specific inspection procedures and schedules. (4) Shoring and Reshoring Plan: The plan submitted by the architect or engineer of record to the enforcing agency regarding the shoring and reshoring of the building. Rulemaking Authority 481.2055, 481.225(2), 553.79(5)(a)-(d) FS. Law Implemented 481.213(7) FS. History–New 5-23-01. 61G1-25.003 Certification Qualifications for Threshold Building Inspectors. (1) The minimum qualifying criteria for threshold building inspectors established by the Board shall be as follows: (a) Proof of current licensure in good standing as an architect in the State of Florida. (b) Three years of experience in performing structural field inspections on at least three threshold type buildings, obtained within ten calendar years preceding submission of the application and evidenced by letters of recommendation from three architects or engineers in the State of Florida, one of whom must be certified as a threshold building inspector. (c) Self-certification as to the competency of the applicant to perform structural inspections on threshold buildings. (2) Application for certification shall be made on an application prescribed by the Department. (3) Roster of Threshold Building Inspectors. The Board shall maintain a roster of all Florida licensed/registered architects certified as threshold building inspectors pursuant to the criteria established in these rules and the law. The roster shall be made available to interested parties upon request. The roster shall be updated on a continuing basis and additions or deletions to the latest published roster may be verified by contacting the Florida Board of Architecture and Interior Design. Rulemaking Authority 481.2055, 481.213(7) FS. Law Implemented 481.213(7) FS. History–New 5-23-01, Amended 4-21-14. 61G1-25.004 Common Requirements to all Architects Providing Threshold Building Inspection Services. (1) For each threshold building, a notice shall be filed with the enforcing agency, bearing the name, address, signature, date and seal of the threshold building inspector, certifying that the threshold building inspector is competent to provide the services for the specific type of structure. (2) Threshold building inspectors utilizing authorized representatives shall maintain responsible supervisory control over the representative pursuant to Chapter 61G1-23, F.A.C. (3) Threshold building inspectors shall be in responsible charge of the work of the authorized representative, including reviewing reports and spot checks. (4) Threshold building inspectors shall institute quality assurance procedures to include but not be limited to requiring unscheduled visits, utilization or relevant check lists, use of a daily inspection report and insuring that the inspector or the authorized representative is at the project whenever so required by the inspection plan. Rulemaking Authority 481.2055, 481.225 FS. Law Implemented 481.213(7) FS. History–New 5-23-01.

Division 61G2 Board of Auctioneers

Chapter 61G2-1 ORGANIZATION AND PURPOSE

Fla. Admin. Code R. 61G2-1 ORGANIZATION AND PURPOSE

CHAPTER 61G2-1 ORGANIZATION AND PURPOSE 61G2-1.0091 Unexcused Absences 61G2-1.010 Other Board Business for Which Compensation is Allowed 61G2-1.0091 Unexcused Absences. (1) Unexcused absences shall include any absences other than one of the following: (a) Absence caused by serious illness of a board member; (b) Absence due to death or serious illness of an immediate family member; (c) Absence due to unavoidable travel delays or cancellations. (2) Members shall communicate the reason for any absence to the Executive Director prior to the meeting and the reason for the absence shall be made part of the minutes of that meeting. Rulemaking Authority 455.207(3), 468.384(2) FS. Law Implemented 455.207(3) FS. History–New 4-17-94. 61G2-1.010 Other Board Business for Which Compensation is Allowed. Pursuant to section 455.207(4), F.S., Board members are entitled to compensation and expense reimbursement for participation in official Board business. Official Board business includes the following: (1) Board meetings, except those conducted by telephone conference calls; (2) Meetings of committees appointed by the Chairman; (3) Meetings of a Board member with Department of Business and Professional Regulation staff or contractors of the Department held at the Board or Department’s request; (4) Meetings attended by a Board member at the request of the Secretary of the Department or the Board if participation in the meeting is related to the Board’s regulatory authority; (5) Probable Cause Panel Meetings; (6) All activity of Board members, if authorized by the Board, related to examination of applicants for licensure. Rulemaking Authority 468.384(2) FS. Law Implemented 455.207(4) FS. History–New 3-19-87, Formerly 21BB-1.010.

Chapter 61G2-2 LICENSURE

Fla. Admin. Code R. 61G2-2 LICENSURE

CHAPTER 61G2-2 LICENSURE 61G2-2.002 Examination for Licensure 61G2-2.0031 Delinquent Status (Repealed) 61G2-2.0035 Exemption from Licensure Renewal Provisions 61G2-2.004 Licensure by Endorsement or Reciprocity (Repealed) 61G2-2.005 Notice of Address or Electronic Mail Address Change (Repealed) 61G2-2.006 Reinstatement of Null & Void Licenses (Repealed) 61G2-2.002 Examination for Licensure. (1) The examination for licensure must be in writing and must test the applicant's general knowledge of: (a) The laws of this State relating to the provisions of the Uniform Commercial Code that are relevant to auctions; (b) Auctions; and (c) Chapter 468, part VI, and chapter 455, F.S. (2) The examination shall test minimum competency in the subjects set forth in subsection 61G2-2.002(1), F.A.C., by providing examination questions in the following categories and with the following approximate percentages of questions to the examination as a whole. (a) Advertising – 20% (b) Legal aspects – 18% (c) Financial aspects – 18% (d) Conducting the sale – 15% (e) Appraisal – 14% (f) Merchandising – 8% (g) Soliciting business – 7% (3) An examination candidate must achieve a scale score of 75 or better in order to achieve a passing grade on the examination. (4) Any person seeking to take the examination must have submitted a completed application and the application and examination fees at least 60 days prior to the scheduled examination date. (a) Each prospective auctioneer shall complete an application on a form prescribed by the department. (b) Each prospective apprentice auctioneer shall complete an application on a form prescribed by the department. (c) Each prospective auction business shall complete an application on a form prescribed by the department. (d) If, within 30 days after receipt of an executed application form, the department notifies the applicant of any error or omission therein or requests the applicant to furnish any additional information the department is permitted by law to require, the applicant shall correct such errors, supply such omissions and furnish such additional information within 180 days of the date of such notice otherwise the form will be considered never to have been submitted. (5) The Board shall review all applicants for licensure by examination and approve their qualifications before an applicant will be permitted to sit for the examination. Should an applicant be denied approval to sit for the examination, the examination fee shall be refunded. The examination fee paid to the Department shall be transferred to a subsequent examination upon the applicant’s written request, if the request is received in the Board office at least 20 days prior to the scheduled examination date. (6) Examination results shall be valid for the purpose of issuance of a license for a period not to exceed six months from the Board's certification of examination grades. Any candidate who has successfully completed the examination but who fails to pay the initial license fee or comply with any other prelicensure requirement within that time shall be required to apply for and sit for examination as a new applicant. Rulemaking Authority 468.384(2) FS. Law Implemented 455.217(1)(b), 468.385 FS. History–New 5-10-87, Amended 10-20-87, 6-5-88, 5-11-89, Formerly 21BB-2.002, Amended 9-27-93, 8-20-96, 11-1-99, 6-19-12, 2-14-19. 61G2-2.0031 Delinquent Status. Rulemaking Authority 455.271 FS. Law Implemented 455.271 FS. History–New 9-25-95, Repealed 4-26-16. 61G2-2.0035 Exemption from Licensure Renewal Provisions. (1) A spouse of a member of the armed forces who is absent from the State because of the spouse’s duties with the armed forces and, having submitted documentation to the Board demonstrating same, shall be exempt from licensure renewal provisions without paying dues or fees or performing any other act on his or her part. (2) This rule applies to all auctioneer licenses, apprenticed and business licenses. Rulemaking Authority 455.02, 468.384(2) FS. Law Implemented 455.02, 468.384(2) FS. History–New 3-29-04, Amended 2-19-19. 61G2-2.004 Licensure by Endorsement or Reciprocity. Rulemaking Authority 468.384(2), 468.387 FS. Law Implemented 468.384(2), 468.387 FS. History–New 12-6-87, Formerly 21BB-2.004, Amended 9-27-93, 5-7-96, 4-22-12, Repealed 4-26-16. 61G2-2.005 Notice of Address or Electronic Mail Address Change. Rulemaking Authority 468.384(2) FS. Law Implemented 468.385(1), (7), 455.275 FS. History–New 12-3-90, Formerly 21BB-2.005, Amended 12-23-12, Repealed 4-26-16. 61G2-2.006 Reinstatement of Null & Void Licenses. Rulemaking Authority 455.271(6)(b), 468.384, 468.386 FS. Law Implemented 455.271(6)(b), 468.393 FS. History–New 8-9-10, Repealed 12-3-12.

Chapter 61G2-3 FEES

Fla. Admin. Code R. 61G2-3 FEES

CHAPTER 61G2-3 FEES 61G2-3.001 Fees 61G2-3.002 Application Fees (Repealed) 61G2-3.003 Examination Fees (Repealed) 61G2-3.004 Initial Licensure Fees (Repealed) 61G2-3.0041 Unlicensed Activities, Fees, Disposition (Repealed) 61G2-3.005 Renewal Fees (Repealed) 61G2-3.006 Reactivation Fee (Repealed) 61G2-3.007 Examination Review Fee (Repealed) 61G2-3.008 Duplicate License Fee (Repealed) 61G2-3.010 Auctioneer Recovery Fund Surcharge (Repealed) 61G2-3.011 Change of Status Fee (Repealed) 61G2-3.012 Delinquent Fee (Repealed) 61G2-3.001 Fees (1) Application fees. The application fee for those applying for an auctioneer license through examination is $50; for an auctioneer license by endorsement or reciprocity $75; for an apprentice license $50; and for an auction business license $50. (2) Examination fees. (a) When the examination is not conducted by a professional testing service pursuant to Section 455.2171, F.S., $250.00 payable to the Department. When the examination is conducted by a professional testing service pursuant to Section 455.2171, F.S., $233.50 payable to the Department plus $16.50 payable to the testing service. (b) When the re-examination is not conducted by a professional testing service pursuant to Section 455.2171, F.S., $250.00 payable to the Department. When the re-examination is conducted by a professional testing service pursuant to Section 455.2171, F.S., $233.50 payable the Department plus $16.50 payable to the testing service. (3) Initial licensure fees. The initial licensure fee for an auctioneer is $150; an apprentice $150; and for an auction business $150. (4) Unlicensed activities, fees, dispositions. Each license shall pay, in addition to all other fees, a special fee of $5.00 upon each initial license, and renewal thereof, to fund efforts to combat the unlicensed practice of auctioneering. (5) Renewal fees. The fee for biennial renewal of an auctioneer’s license is $150; an auction business license $150; and an inactive auctioneer license is $150. (6) Reactivation fees. The fee for reactivating is $50. (7) Examination review fee. The fee for review of an applicant’s auctioneer examination questions, answers, paper, grades, and grading key, or any portion thereof is $50. (8) Auctioneer Recovery Fund surcharge. At the time of licensure or renewal of either an active or inactive status, under Section 468.385, 468.3851 or 468.3852, F.S., each license shall pay a surcharge fee of $100 which shall be deposited into the Auctioneer Recovery Fund. (9) Change of Status fee. The change of status fee is $50.00 (10) Delinquent fee. A delinquent status licensee shall pay a delinquency fee of $25.00, when the licensee applies for active or inactive status. (11) Fees for Reinstatement of a Void License: (a) Non refundable Application fee of $150.00. (b) Non refundable Renewal fee of $150.00 – $300.00 for each biennium when timely renewal was missed, and (c) Fee for unlicensed activity and recovery fund of $105.00 – $210.00 for each biennium when timely renewal was missed. Rulemaking Authority 455.2281, 455.271, 468.384(2), 468.386(1), 468.393(1) FS Law Implemented 455.217(2), 455.2171, 455.219(6), 455.2281, 455.271, 468.385(2), (4), (6), (7), 468.3851, 468.386(1), 468.387, 468.393(1) FS. History–New 9-18-07, Amended 4-17-08, 12-23-12, 9-7-16, 8-19-18, 11-3-22. 61G2-3.002 Application Fees. Rulemaking Authority 468.386(1) FS. Law Implemented 468.385, 468.387 FS. History–New 5-4-87, Amended 10-19-87, Formerly 21BB-3.002, Repealed 9-18-07. 61G2-3.003 Examination Fees. Rulemaking Authority 468.386(1) FS. Law Implemented 455.2171, 468.385(4) FS. History–New 5-4-87, Amended 9-13-88, Formerly 21BB-3.003, Amended 5-3-99, 4-26-04, Repealed 9-18-07. 61G2-3.004 Initial Licensure Fees. Rulemaking Authority 468.386(1) FS. Law Implemented 468.385(2), (6), (7) FS. History–New 5-4-87, Amended 5-7-90, Formerly 21BB-3.004, Amended 5-21-96, Repealed 9-18-07. 61G2-3.0041 Unlicensed Activities, Fees, Disposition. Rulemaking Authority 455.2281, 468.384(2) FS. Law Implemented 455.2281 FS. History–New 4-17-94, Repealed 9-18-07. 61G2-3.005 Renewal Fees. Rulemaking Authority 468.386(1) FS. Law Implemented 468.387 FS. History–New 5-4-87, Formerly 21BB-3.005, Amended 10-15-95, 5-21-96, Repealed 9-18-07. 61G2-3.006 Reactivation Fee. Rulemaking Authority 468.384(2), 468.386(1) FS. Law Implemented 468.386(1) FS. History–New 10-19-87, Formerly 21BB-3.006. Amended 1-6-98, Repealed 9-18-07. 61G2-3.007 Examination Review Fee. Rulemaking Authority 468.386(1) FS. Law Implemented 455.217(2) FS. History–New 5-7-90, Formerly 21BB-3.007, Repealed 9-18-07. 61G2-3.008 Duplicate License Fee. Rulemaking Authority 468.384(2), 468.386(1) FS. Law Implemented 455.219(6), 468.386(1) FS. History–New 12-3-90, Formerly 21BB-3.008, Amended 1-6-98, Repealed 9-18-07. 61G2-3.010 Auctioneer Recovery Fund Surcharge. Rulemaking Authority 468.386(1), 468.393(1), 468.384(2) FS. Law Implemented 468.393(1) FS. History–New 1-28-92, Formerly 21BB-3.010, Amended 9-25-95, 1-6-98, Repealed 9-18-07. 61G2-3.011 Change of Status Fee. Rulemaking Authority 468.384(2), 468.386(1), 455.271 FS. Law Implemented 455.271 FS. History–New 8-14-95, Amended 1-6-98, Repealed 9-18-07. 61G2-3.012 Delinquent Fee. Rulemaking Authority 455.271 FS. Law Implemented 455.271 FS. History–New 9-25-95, Repealed 9-18-07.

Chapter 61G2-4 APPRENTICESHIP PROGRAM

Fla. Admin. Code R. 61G2-4 APPRENTICESHIP PROGRAM

CHAPTER 61G2-4 APPRENTICESHIP PROGRAM 61G2-4.001 Apprenticeship Training Requirements 61G2-4.003 Change of Sponsor (Repealed) 61G2-4.005 Funds Received by Apprentice (Repealed) 61G2-4.001 Apprenticeship Training Requirements. (1) No auctioneer may sponsor more than 3 apprentices at one time. Any auctioneer who serves as a sponsor shall have held a valid Florida auctioneers license for three consecutive years preceding the date on which that auctioneer is named as sponsor of the apprentice. (2) Any auctioneer who undertakes the sponsorship of an apprentice shall insure that the apprentice receives training in the following: (a) The laws of this State relating to the provisions of the Uniform Commercial Code that are relevant to auctions, chapter 455 and part VI of chapter 468, F.S., and the rules promulgated thereunder. (b) The proper conduct of all phases of auction including, but not limited to:

1. Drafting and executing a contract for auction services with the seller;
2. Preparation and lot division of goods to be sold;
3. Preparation of an advertising plan including an advertising budget and preparation of advertisements in various media;
4. The actual conduct of the auction sale, including bid calling;
5. Record keeping at the auction sale including the item, or lot number, purchase number and final selling price of items or lots sold;
6. Preparation and completion of the final settlement after the auction sale; and
7. Maintenance of records required by law. (3) An apprentice must actively participate in at least eighty hours of auction sales during a one-year period of apprenticeship. Each apprentice must actively participate in each phase of an auction delineated by this rule at least five times during the apprenticeship. A record of each auction for which participation credit is claimed must be made on a form provided by the Department and must be filed with the application for auctioneer license examination required by this rule. The following information must be provided: (a) The date, time and location of the auction; (b) The name, address and license number of the apprentice and sponsor; (c) The name and license number of the auction business under which the auction was held; (d) The phases of the auction for which the apprentice claims active participation credit; (e) If the auction was conducted by an apprentice, a notation of this fact along with a copy of the sponsor's written consent required by this rule. (4) Apprentices are prohibited from conducting any auction without the prior express written consent of the sponsor. The apprentice's sponsor must be present at the auction site at any time the apprentice is actively participating in the conducting of the auction. In the event the apprentice’s sponsor cannot attend a particular auction, he may appoint a qualified auctioneer who meets the requirements of subsection 61G2-4.001(1), F.A.C., to act in his stead. Prior written consent must be given by the apprentice's sponsor for each such substitution. (5) Each apprentice and sponsor shall file a report on a form provided by the Department at least 60 days prior to expiration of the apprentice's license, at the time of termination of any sponsorship and at the time of the apprentice’s application for licensure as an auctioneer. This report shall contain the following information: (a) The result of the sponsor’s reviews of apprentice records required by this rule and if an apprentice has functioned as a principal auctioneer, by rule 61G2-5.001, F.A.C. (b) Any violation by the apprentice of chapter 455, F.S., or chapter 468, Part VI, F.S., or the rules promulgated thereunder. (c) Reports required by this rule of apprentice participation in auctions. (6) No sponsor shall authorize an apprentice to conduct an auction or act as principal auctioneer unless the sponsor has determined that the apprentice has received adequate training to do so. (7) The sponsor shall be responsible for any acts or omissions of the apprentice which constitute a violation of the laws of this state relating to commercial transactions, chapters 455 and 468, part VI, F.S., and the rules promulgated thereunder. (8) For the purpose of issuance of a license, all apprentice applications will be valid for a period of six months after Board approval. Any applicant who fails to complete the licensure process within that time shall be required to make application as a new applicant. Rulemaking Authority 468.384(2), 468.385(6)(a) FS. Law Implemented 468.382(3), 468.385 FS. History–New 5-4-87, Amended 12-3-90, Formerly 21BB-4.001, Amended 10-13-93, 10-2-95, 2-19-19. 61G2-4.003 Change of Sponsor. Rulemaking Authority 468.384(2) FS. Law Implemented 468.382(3), 468.3855 FS. History–New 5-4-87, Formerly 21BB-4.003, Amended 10-13-93, 4-23-12, Repealed 4-26-16. 61G2-4.005 Funds Received by Apprentice. Rulemaking Authority 468.384(2) FS. Law Implemented 468.382(3), 468.385 FS. History–New 10-13-93, Amended 10-2-95, Repealed 2-20-12.

Chapter 61G2-5 STANDARDS OF PRACTICE

Fla. Admin. Code R. 61G2-5 STANDARDS OF PRACTICE

CHAPTER 61G2-5 STANDARDS OF PRACTICE 61G2-5.001 Requirements for Conducting an Auction 61G2-5.002 Required Record Keeping 61G2-5.003 Client Funds and Sale Proceeds (Repealed) 61G2-5.004 Advertising (Repealed) 61G2-5.005 Definitions Applying to Exemptions 61G2-5.007 Required Surety Bonds (Repealed) 61G2-5.001 Requirements for Conducting an Auction. (1) Any auction which is subject to the provisions of Chapter 468, Part VI, F.S., must be conducted by an auctioneer who has an active Florida auctioneer license or an apprentice who has an active Florida apprentice auctioneer license and who has received prior written sponsor consent. Such auction must also be conducted under the auspices of a licensed auction business which has an active Florida auction business license. Any auctioneer or apprentice auctioneer conducting an auction subject to the provisions of Chapter 468, Part VI, F.S., and any auction business under whose auspices such action is held shall be responsible for determining that any auctioneer, auctioneer apprentice, or auction business with whom they are associated in conducting such auction have an active Florida auctioneer, auctioneer apprentice or auction business license as required by law. (2) The principal auctioneer shall be responsible for conducting the auction in a professional and ethical manner. (a) The principal auctioneer who calls and accepts bids at the auction shall be a Florida licensed auctioneer or Florida licensed apprentice. (b) Prominently display at the auction site the licenses of the principal auctioneer, the auction business and any other licensed auctioneers or apprentices who are actively participating in the auction. If such a display is not practicable, then an oral announcement at the beginning of the auction or a prominent written announcement that these licenses are available for inspection at the auction site must be made. (c) If a buyer premium or any surcharge is a condition to sale at any auction, the amount of the premium or surcharge must be announced at the beginning of the auction and a written notice of this information shall be conspicuously displayed or distributed to the public at the auction site. (d) Announce at the beginning of the auction the terms of bidding and sale whether the sale is with reserve, without reserve or absolute, or minimum bid required. If the sale is absolute and has been announced or advertised as such, an article or lot may not be withdrawn from sale once a bid has been accepted. If no bid is received within a reasonable time, the item or lot may be withdrawn. (e) If an auction has been advertised as absolute, no bid shall be accepted from the owner of the property or from someone acting on behalf of the owner unless the right to bid is specifically permitted by law. (3) The auction business under which the auction is conducted is responsible for all other aspects of the auction to include contract negotiations, advertising, auction organization and layout, merchandise distribution and final settlement with the seller. The auction business may delegate in whole, or in part, different aspects of the auction only to the extent that such delegation is permitted by law and that such delegation will not impede the principal auctioneer’s ability to assure the proper conduct of his independent responsibility for the auction. The auction business under whose auspices the auction is conducted is responsible for assuring compliance with the following requirements: (a) Comply with Section 468.388, F.S., regarding written agreements for auctions; (b) Maintain a record book as required by Rule 61G2-5.002, F.A.C.; (c) Comply with Section 468.388(10), F.S., regarding clients’ funds and auction proceeds. (d) Designate a principal auctioneer for each auction conducted. Rulemaking Authority 468.384(2) FS. Law Implemented 468.388, 468.389 FS. History–New 10-19-87, Amended 7-4-88, 12-11-88, 12-3-90, 1-28-92, Formerly 21BB-5.001, Amended 10-12-93, 6-19-12, 2-20-19. 61G2-5.002 Required Record Keeping. (1) The auction business which conducts an auction must maintain for a period of 2 years from each sale, a record book of all sales for which a written agreement is required. This record book is subject to inspection by the Department or at the request of the Board and must contain the following: (a) A brief description of the property offered; (b) The name and address of the owner of the property offered; (c) The name and address of the buyer; (d) The price at which the property sold; (e) The date sale proceeds were delivered to the owner; and (f) The date and place of sale. (2) Clerking records shall be maintained to supply the information required in paragraphs 61G2-5.002(1)(a), (c) and (d), F.A.C., so long as they are maintained in a manner which is readily available and accessible to the Board and Department. (3) Record Keeping: Inspection of the records of the auction business shall be required in connection with any violation of Chapters 455 and 468 part VI, F.S., or any rules promulgated thereunder. Rulemaking Authority 468.384(2) FS. Law Implemented 468.388(3) FS. History–New 5-6-87, Amended 1-28-92, Formerly 21BB-5.002, Amended 10-12-93, 10-2-95. 61G2-5.003 Client Funds and Sale Proceeds. Rulemaking Authority 468.384(2) FS. Law Implemented 468.389(1)(c),(e),(h) FS. History–New 5-6-87, Formerly 21BB-5.003, Amended 10-12-93, 10-2-95, Repealed 2-20-12. 61G2-5.004 Advertising. Rulemaking Authority 468.384(2) FS. Law Implemented 468.388(6), 468.389(1)(d), (j) FS. History–New 10-19-87, Formerly 21BB-5.004, Amended 10-12-93, 4-9-01, Repealed 2-20-12. 61G2-5.005 Definitions Applying to Exemptions. For the purpose of exemption from the requirements of Chapter 468, Part VI, F.S., the following definitions apply: (1) “Auctions conducted by the owner or his attorney” or “auctions conducted by the trustee” means that the owner or his attorney or the trustee actively participates and takes responsibility for all aspects of the auction, including any necessary contract negotiations, advertising, auction organization and layout, bid calling, merchandise distribution and receipt of sale proceeds. (2) The phrase “an auctioneer who specializes in the sale of livestock” is a person with training or experience in the auction of livestock whose business primarily relates to livestock auctions and sales. (3) The phrase “conducted under the supervision of a livestock trade association or governmental agency” means that the livestock trade association or governmental agency actively regulates by law, rules or by-laws of the association, the safe conduct of the auction, including the health of the livestock and the proper management of sale proceeds. (4) The phrase “auctions conducted as part of the sale of real property by a real estate broker” means that any property so auctioned is included in the bids and sale price of the real property. (5) A charitable auction is one where all the merchandise is either owned by or donated to the organization that is conducting the auction and all proceeds are retained by said organization. Rulemaking Authority 468.384(2) FS. Law Implemented 468.383 FS. History–New 5-6-87, Formerly 21BB-5.005, Amended 10-12-93, 5-14-24. 61G2-5.007 Required Surety Bonds. Rulemaking Authority 468.384(2) FS. Law Implemented 468.385 FS. History–New 1-26-88, Amended 12-3-90, Formerly 21BB-5.007, Repealed 10-15-95.

Chapter 61G2-6 STANDARDS FOR CLASSROOM INSTRUCTIONS

Fla. Admin. Code R. 61G2-6 STANDARDS FOR CLASSROOM INSTRUCTIONS

CHAPTER 61G2-6 STANDARDS FOR CLASSROOM INSTRUCTIONS 61G2-6.001 Standards for Classroom Instructions 61G2-6.001 Standards for Classroom Instructions. A course of study in auctioneering must meet the following requirements for its successful completion to qualify an applicant for licensure. (1) The course must consist of at least 80 hours of classroom instruction, with each classroom hour consisting of at least 50 minutes of instruction. (2) The course of study must result in a certificate of successful completion and must provide instruction in the following subjects: (a) Drafting and executing contracts for auction services; (b) Preparation and lot division of goods to be sold; (c) Conduct of auction, including proper bid calling; (d) Record-keeping at auction and maintenance of records required by law; (e) Preparation and completion of final settlement after auction; (f) Laws relating to bulk sales and the Uniform Commercial Code as it relates to auctioneering; (g) Laws relating to regulation of auctioneers. (h) Brokerages. (3) Classroom instruction means that required hours must be in person or from interactive, real-time courses. An interactive, real-time course may be a web-based, satellite transmitted, telephone or video conference, or online instruction program that allows or requires the licensee to interact in real time, including live chat, with the instructor during the presentation of the program or in a question and answer session upon completion of the program. Rulemaking Authority 468.384(2), 468.385(6)(a) FS. Law Implemented 468.385(6) FS. History–New 1-26-88, Formerly 21BB-6.001, Amended 10-4-20.

Chapter 61G2-7 DISCIPLINE

Fla. Admin. Code R. 61G2-7 DISCIPLINE

CHAPTER 61G2-7 DISCIPLINE 61G2-7.010 Probable Cause 61G2-7.020 Time for Payment of Fines 61G2-7.030 Disciplinary Guidelines 61G2-7.040 Minor Violations 61G2-7.050 Citations 61G2-7.060 Restitution (Repealed) 61G2-7.010 Probable Cause. Pursuant to Section 455.225(4), F.S., the Board delegates to the Department the authority to determine whether probable cause exists in any particular case. Rulemaking Authority 455.225(4), 468.384(2) FS. Law Implemented 455.225(4) FS. History–New 5-4-87, Formerly 21BB-1.008, 21BB-7.010, Amended 4-17-94, 4-14-02. 61G2-7.020 Time for Payment of Fines. In cases where the Board imposes an administrative fine for violation of Chapter 455, F.S., Chapter 468, Part VI, F.S., or the rules promulgated thereunder, the fine shall be paid within 30 days of issuance of the Board’s final order. Rulemaking Authority 468.384(2), 468.389(3)(a) FS. Law Implemented 468.389(3)(a) FS. History–New 3-19-87, Formerly 21BB-1.016, 21BB-7.020. 61G2-7.030 Disciplinary Guidelines. (1) When the Board finds that an applicant or licensee whom it regulates under Chapter 468, Part VI, F.S., has committed any of the acts set forth in Section 468.389, F.S., it shall issue a final order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines: VIOLATION PENALTY RANGE

FIRST OFFENSE SECOND AND SUBSEQUENT OFFENSES

(a) Violation of any law relating to trade or commerce of this state or of the state in which an auction is conducted. (Ref: 468.389(1)(a), F.S.) An administrative fine of up to $1,000 and the successful completion of the licensure exam. An administrative fine of $1,000 and/or license suspension or revocation.

(b) Misrepresentation of property for sale at auction or making false promises concerning the use, value, or condition of such property by an auctioneer or auction business or by anyone acting as an agent of or with the consent of the auctioneer or auction business. (Ref: 468.389(1)(b), F.S.) Administrative fine up to $1,000, a reprimand and probation and/or license suspension. Administrative fine of $1,000 and/or license suspension or revocation.

(c) Failure to account for money belonging to another which has come into the control of an auctioneer or auction business through an auction, within a reasonable time not to exceed 30 days. (Ref: 468.389(1)(c), F.S.) Administrative fine of $250 to $1,000, a reprimand, and/or license suspension. Administrative fine of $1,000, probation, successful completion of the licensure examination, and/or license suspension or revocation.

(d) Failure to pay money belonging to another which has come into the control of an auctioneer or auction business through an auction, within a reasonable time not to exceed 30 days. (Ref: 468.389(1)(c), F.S.) An administrative fine of $500 to $1,000, probation, and/or license suspension or revocation. Administrative fine of $1,000 and/or license suspension or revocation.

(e) False, deceptive, misleading, or untruthful advertising. (Ref: 468.389(1)(d), F.S.) An administrative fine of $250 to $1,000 and/or probation. Administrative fine of $1,000 and/or license suspension or revocation.

(f) Conduct in connection with a sales transaction which demonstrates bad faith or dishonesty. (Ref: 468.389(1)(e), F.S.) An administrative fine of $1,000 and/or license suspension followed by probation. An administrative fine of $1,000 and/or license suspension or license revocation.

(g) Using or permitting the use of false bidders, cappers, or shills. (Ref: 468.389(1)(f), F.S.) An administrative fine of $1,000 and/or license suspension followed by probation. An administrative fine of $1,000 and/or license suspension followed by probation or license revocation.

(h) Making any material false statement on a license application. (Ref: 468.389(1)(g), F.S.) Denial or revocation of license and/or an administrative fine of $1,000.

(i) Commingling money or property of another person with his or her own. (Ref: 468.389(1)(h), F.S.) An administrative fine of up to $1,000 and a reprimand. Administrative fine of $1,000, successful completion of the licensure examination and/or license suspension or revocation.

(j) Refusal or neglect of any auctioneer or other receiver of public moneys to pay the moneys so received into the State Treasury at the times and under the regulations prescribed by law. (Ref: 468.389(1)(i), F.S.) An administrative fine of $1,000, probation, and/or license suspension or revocation.

(k) Violating a statute or administrative rule regulating practice under Chapter 468, Part VI, F.S. (Ref: 468.389(1)(j), F.S.) An administrative fine of $1,000, probation, license suspension, and/or license revocation based on the severity of the underlying offense.

(l) Violating any lawfully issued order of the Board or Department previously entered in a disciplinary hearing. (Ref: 468.389(1)(j), F.S.) An administrative fine of $1,000 and/or license suspension or revocation.

(m) Having a license to practice a comparable profession revoked, suspended, or otherwise acted against by another state, territory, or country. (Ref: 468.389(1)(k), F.S.) The penalty shall be commensurate with the penalty invoked by the other jurisdiction or a penalty consistent with these guidelines for the underlying offense committed in the other jurisdiction.

(n) Being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice or the ability to practice the profession of auctioneering. (Ref: 468.389(1)(l), F.S.) An administrative fine of $1,000 and/or license suspension or revocation.

(2) Based upon consideration of aggravating or mitigating factors, present in an individual case, the Board may deviate from the penalties recommended in subsection (1), above. The Board shall consider as aggravating or mitigating factors the following: (a) The severity of the offense; (b) The danger to the public; (c) The number of repetitions of offenses; (d) The length of time since the violation; (e) The number of times the licensee has been previously disciplined by the Board; (f) The length of time licensee has practiced; (g) The actual damage, physical or otherwise, caused by the violation; (h) The deterrent effect of the penalty imposed; (i) The effect of the penalty upon the licensee’s livelihood; (j) Any effort of rehabilitation by the licensee; (k) The actual knowledge of the licensee pertaining to the violation; (l) Attempts by the licensee to correct or stop the violation or refusal by the licensee to correct or stop the violation; (m) Related violations against the licensee in another state including findings of guilt or innocence, penalties imposed and penalties served; (n) Actual negligence of the licensee pertaining to any violation; (o) Penalties imposed for related offenses under subsection (1), above. (3) Penalties imposed by the Board pursuant to subsection (1), above, may be imposed in combination or individually, and are as follows: (a) Refusal to certify to the Department an application for licensure. (b) Revocation or suspension of a license. (c) Imposition of an administrative fine not to exceed $1,000 for each count or separate offense. (d) Requirement of bonding in amounts not to exceed $100,000 for auctioneers and $300,000 for auction businesses. (e) Issuance of a reprimand. (f) Placement of the licensee on probation for a period of time and subject to such conditions as the Board may specify, including requiring the auctioneer to successfully complete the licensure examination. Rulemaking Authority 455.2273(1), 455.273(2), 468.384(2) FS. Law Implemented 455.227, 455.2273(1), (2), (3), 468.389 FS. History–New 12-6-87, Formerly 21BB-1.030, 21BB-7.030, Amended 8-29-93, 12-23-12, 2-20-19, 12-3-20, 5-23-24. 61G2-7.040 Minor Violations. For purposes of Section 455.225(3), F.S., the Board hereby deems the following violations to be minor: (1) First time failure of an auctioneer or auction business to include the name and license number of such auctioneer and auction business in an advertisement, as required by Section 468.388(11)(a), F.S. (2) First time failure of an auctioneer or auction business to prominently display his license, or make it otherwise available for inspection, at each auction in which he participates, as required by Section 468.388(5), F.S. (3) First time failure of an auctioneer or auction business to advertise an auction as absolute without specifying any and all items to be sold with reserve or with minimum bids as prohibited by Section 468.388(7), F.S. (4) First time failure of an auctioneer or auction business to file a change of address with the Board office within 30 days of the effective date of such change, as prohibited by Section 468.385(7)(b), F.S. Rulemaking Authority 455.225(3) FS. Law Implemented 455.225(3) FS. History–New 7-26-90, Formerly 21BB-1.0171, 21BB-7.040, Amended 8-29-93, 2-20-19. 61G2-7.050 Citations. (1) Definitions. (a) “Citation” means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule; (b) “Subject” means the licensee, trainee, or applicant alleged to have committed a violation designated in this rule. (2) In lieu of the disciplinary procedures contained in Section 455.225, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation. (3) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 455.225, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.225, F.S., shall apply. (4) Pursuant to Section 455.224, F.S., the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. The Board hereby designates the following as citation violation which shall result in a penalty of one hundred dollars ($100.00). (a) Failure of an auctioneer or auction business to include the name and license number of such auctioneer or auction business in an advertisement as required by Section 468.388(11)(a), F.S. (b) Failure of an auctioneer or auction business to prominently display his license, or make it otherwise available for inspection, at each auction in which he participates as required by Section 468.388(5), F.S. (c) First time failure of an auctioneer or auction business to advertise an auction as absolute without specifying any and all items to be sold with reserve as required by Section 468.388(7), F.S. or with minimum bids as prohibited by Section 468.389(1)(d), F.S. (d) First time failure of an auctioneer or auction business to file a change of address with the Board office within 30 days of the effective date of such change as required by Section 468.385(7)(b), F.S. (5) Prior to issuance of the citation, the Department must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety, and welfare, such potential for harm must be removed prior to issuance of the citation. (6) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to Rule 61G2-7.030, F.A.C. (7) The Board of Auctioneers shall, at the end of each calendar quarter, promulgate a report of the citations issued which report shall contain the violation, fine imposed, whether the subject complied with the citation upon it becoming a final order, and the number of subjects who chose to follow the procedures of Section 455.224, F.S. Rulemaking Authority 455.224, 468.384(2) FS. Law Implemented 455.224 FS. History–New 1-1-92, Formerly 21BB-1.019, 21BB-7.050, Amended 8-29-93, 3-8-94, 10-2-95, 2-20-19. 61G2-7.060 Restitution. Rulemaking Authority 468.389 FS. Law Implemented 468.389 FS. History–New 10-2-95, Repealed 2-20-12.

Chapter 61G2-8 DEFINITIONS

Fla. Admin. Code R. 61G2-8 DEFINITIONS

CHAPTER 61G2-8 DEFINITIONS 61G2-8.010 Auction 61G2-8.020 Definition of Absolute Auction (Repealed) 61G2-8.030 Mediation 61G2-8.010 Auction. Auction means the sale of goods or real estate by means of exchange between an auctioneer and members of the audience; the exchanges consisting of a series of invitations for offers made by the auctioneer, offers made by members of the audience, and the acceptance by the auctioneer of the highest or most favorable offer. Use of written bids, media technology or mails in any part of the promotions, bidding, acceptance or any other part of a transaction shall not exclude such transaction from being classified as an auction. Rulemaking Authority 468.384(2) FS. Law Implemented 468.383 FS. History–New 9-2-92, Formerly 21BB-8.010. 61G2-8.020 Definition of Absolute Auction. Rulemaking Authority 468.384(2) FS. Law Implemented 468.381, 468.383 FS. History–New 11-29-92, Formerly 21BB-8.020, Repealed 2-11-01. 61G2-8.030 Mediation. Pursuant to Section 455.2235, F.A.C., the Board designates the following areas as appropriate for mediation; (1) First time failure of an auctioneer or auction business to include the name and license number of such auctioneer and auction business in an advertisement, as required by Section 468.388(5), F.S. (2) Failure of an auctioneer or auction business to prominently display his licenses, or make it otherwise available for inspecting at each auction in which he participated as required by Section 468.388(5), F.S. Rulemaking Authority 455.2235, 468.388(5) FS. Law Implemented 455.2235, 468.388(5) FS. History–New 10-8-95.

Division 61G5 Board of Cosmetology

Chapter 61G5-17 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES

Fla. Admin. Code R. 61G5-17 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES

CHAPTER 61G5-17 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE DETERMINATION, PROCEDURES 61G5-17.006 General Information and Forms (Repealed) 61G5-17.008 Probable Cause Determination 61G5-17.009 Meetings and Election of Officers (Repealed) 61G5-17.0095 Unexcused Absences 61G5-17.010 Notice of Meetings (Repealed) 61G5-17.011 Agenda (Repealed) 61G5-17.013 Emergency Meetings (Repealed) 61G5-17.015 Procedures for Disposition of Disciplinary Cases or Other Cases in Which Substantial Interests Are Determined by the Board (Repealed) 61G5-17.016 Time for Payment of Administrative Costs and Fines 61G5-17.017 Board Member Compensation 61G5-17.018 Investigators; Criteria for Selection (Repealed) 61G5-17.019 Public Comment 61G5-17.020 Security and Monitoring Procedures for Licensure Examination (Repealed) 61G5-17.0201 Licensure Examinations and Examination Procedures for Handicapped Candidates (Repealed) 61G5-17.022 Conducting Meetings, Hearings, and Workshops by Communications Media Technology (Repealed) 61G5-17.023 Final Orders (Repealed) 61G5-17.024 Motion for Reconsideration (Repealed) 61G5-17.006 General Information and Forms. Rulemaking Authority 477.016 FS. Law Implemented 455.205, 119.07, 477.0201 FS. History–New 11-2-80, Amended 9-30-85, Formerly 21F-17.06, Amended 11-4-86, 1-10-88, 1-10-90, Formerly 21F-17.006, Amended 10-1-97, Repealed 9-3-12. 61G5-17.008 Probable Cause Determination. The determination as to whether probable cause exists to believe that a violation of the provisions of Chapter 455 or 477, F.S., or of the rules promulgated thereunder has occurred, shall be made by the Department of Business and Professional Regulation. Rulemaking Authority 455.225(4) FS. Law Implemented 455.225(4) FS. History–New 11-2-80, Formerly 21F-17.08, 21F-17.008. 61G5-17.009 Meetings and Election of Officers. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 455.207 FS. History–New 11-2-80, Formerly 21F-17.09, 21F-17.009, Repealed 9-3-12. 61G5-17.0095 Unexcused Absences. Unexcused absences shall include any absence other than: one caused by serious illness of a member preventing attendance; death or serious illness of a family member; unavoidable travel delays or cancellations preventing attendance; or any conflict, extraordinary circumstances or event approved by the chairperson of the board. Members shall communicate the reason for any absence to the Executive Director prior to the meeting and the reason for the absence shall be made part of the minutes of that meeting. Rulemaking Authority 455.207, 477.016 FS. Law Implemented 455.207 FS. History–New 1-9-95. 61G5-17.010 Notice of Meetings. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-2-80, Formerly 21F-17.10, 21F-17.010, Repealed 9-3-12. 61G5-17.011 Agenda. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-2-80, Formerly 21F-17.11, 21F-17.011, Repealed 9-3-12. 61G5-17.013 Emergency Meetings. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-2-80, Formerly 21F-17.13, 21F-17.013, Repealed 9-3-12. 61G5-17.015 Procedures for Disposition of Disciplinary Cases or Other Cases in Which Substantial Interests Are Determined by the Board. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 11-2-80, Formerly 21F-17.15, Amended 11-4-86, Formerly 21F-17.015, Repealed 10-1-97. 61G5-17.016 Time for Payment of Administrative Costs and Fines. In cases where the Board imposes costs and/or an administrative fine for violation of Chapter 455 or 477, F.S., or the rules promulgated thereunder, the costs and/or fine shall be paid to the Department of Business and Professional Regulation within thirty (30) days of its imposition by order of the Board unless otherwise stated by the Board. Rulemaking Authority 455.227(3)(b), 477.016 FS. Law Implemented 455.227(3)(b), 477.028(4) FS. History–New 11-2-80, Amended 1-17-83, Formerly 21F-17.16, Amended 4-15-93, Formerly 21F-17.016, Amended 1-24-21, Technical Change 2-9-26. 61G5-17.017 Board Member Compensation. In addition to receiving fifty dollars ($50.00) compensation per day for attending official meetings of the board, a board member shall also be eligible to receive compensation for the following “other business involving the board”: (1) All joint Board or committee meetings required by statute, Board rule or Board action; (2) Official meetings or workshops called by the chairman at which either a committee composed of two (2) or more board members or a quorum of the board is present pursuant to Chapters 120 and 477, F.S.; (3) Meetings of Board members with Department staff or contractors of the Department at the Department’s or the Board’s request. Any participation or meeting of members noticed or unnoticed will be on file in the Board Office; (4) Meetings or conferences which the board member attends at the request of the Secretary or the Secretary’s designee; (5) Administrative hearings or legal proceedings at which the board member appears as witness or representative of the board at the request of counsel to the board; (6) All activity of Board members, if authorized by the Board, when grading, proctoring or reviewing examinations given by the Department; (7) All participation in Board authorized meetings with professional associations of which the Board is a member or invitee. This would include all meetings of national associations or registration boards of which the Board is a member as well as Board authorized participation in meetings of national or professional associations or organizations involved in educating, regulating or reviewing the profession over which the Board has statutory authority; (8) Any and all other activities which are Board approved and which are necessary for Board members to attend in order to further protect the public health, safety and welfare, through the regulation of which the Board has statutory authority; (9) In the event that a board member is present for a meeting or hearing defined above, and the meeting is cancelled without prior notice, the attending board member will be eligible for compensation provided the member was present at the scheduled time. Rulemaking Authority 455.207(4) FS. Law Implemented 455.207(4) FS. History–New 11-15-81, Formerly 21F-17.17, 21F-17.017, Amended 9-8-94. 61G5-17.018 Investigators; Criteria for Selection. Rulemaking Authority 455.203(8) FS. Law Implemented 455.203(8) FS. History–New 4-6-82, Formerly 21F-17.18, 21F-17.018, Repealed 1-7-15. 61G5-17.019 Public Comment. The Board of Cosmetology invites and encourages all members of the public to provide comment on matters or propositions before the Board or a committee of the Board. The opportunity to provide comment shall be subject to the following: (1) Members of the public will be given an opportunity to provide comment on subject matters before the Board after an agenda item is introduced at a properly noticed board meeting. (2) Members of the public shall be limited to 3 minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Board members, staff or board counsel. The chair of the Board may extend the time to provide comment if time permits. (3) A member of the public shall notify board staff in writing of his or her interest to be heard on a proposition or matter before the Board. The notification shall identify the person or entity, indicate support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons consisting of three or more persons. Any person or entity appearing before the Board may use a pseudonym if he or she does not wish to be identified. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 6-18-14. 61G5-17.020 Security and Monitoring Procedures for Licensure Examination. Rulemaking Authority 455.217(1)(d), 120.54(8) FS. Law Implemented 455.217(1)(d) FS. History–New 4-6-82, Formerly 21F-17.20, 21F-17.020, Repealed 9-3-12. 61G5-17.0201 Licensure Examinations and Examination Procedures for Handicapped Candidates. Rulemaking Authority 477.016, 455.203(5) FS. Law Implemented 455.217(1) FS. History–New 1-9-95, Repealed 9-3-12. 61G5-17.021 Designation of Official Reporter. Rulemaking Authority 120.53(2)(b),(c),(4), 477.016 FS. Law Implemented 120.53(2)(b),(c),(4) FS. History–New 2-26-85, Formerly 21F-17.21, 21F-17.021, Repealed 9-3-12. 61G5-17.022 Conducting Meetings, Hearings, and Workshops by Communications Media Technology. Rulemaking Authority 120.53(6), 477.016 FS. Law Implemented 120.53(6) FS. History–New 2-26-85, Formerly 21F-17.22, 21F-17.022, Repealed 10-1-97. 61G5-17.023 Final Orders. Rulemaking Authority 120.53(1), 477.016 FS. Law Implemented 120.53(1) FS. History–New 6-5-88, Formerly 21F-17.023, Repealed 9-3-12. 61G5-17.024 Motion for Reconsideration. Rulemaking Authority 120.53(1), 477.016 FS. Law Implemented 120.53(1) FS. History–New 3-10-91, Formerly 21F-17.024, Repealed 1-4-98.

Chapter 61G5-18 COSMETOLOGIST

Fla. Admin. Code R. 61G5-18 COSMETOLOGIST

CHAPTER 61G5-18 COSMETOLOGIST 61G5-18.00015 Cosmetologist and Compensation Defined 61G5-18.001 Who May Apply 61G5-18.002 Manner of Application (Repealed) 61G5-18.003 Cosmetology Examination 61G5-18.004 Re-examination 61G5-18.005 Examination Review Procedure (Repealed) 61G5-18.0055 Supervised Cosmetology Practice Exception (Repealed) 61G5-18.007 Endorsement of Cosmetologists 61G5-18.008 Cosmetologist License Renewal 61G5-18.011 Initial Licensure or Registration Requirement for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome; Course Content and Approval Requirements 61G5-18.00015 Cosmetologist and Compensation Defined. (1) A cosmetologist is a person who is licensed to perform the mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair braiding, hair coloring, permanent waving, and hair relaxing, for compensation. Cosmetologists and full and facial specialists may also perform skin care services and non-invasive hair removal including wax treatments, but not including electrolysis as that term is defined in Chapter 478, F.S. Nail and full specialists may perform manicures and pedicures that include hand and foot massages. (a) For the purposes of this act “compensation” is defined as the payment of money or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or the intent to collect or receive payment of money or the intent to collect or receive anything of value in exchange for cosmetology services. (b) For the purposes of this act “medical purposes” is defined as any form of bodily intrusion into the orifices, skin, muscles, or any other tissues of the body. Bodily intrusion includes but is not limited to skin perforation by any means, including the application of permanent makeup, the use of laser and intense pulsed light (IPL) treatments, ultrasound and high intensity focused ultrasound (HIFU) treatments, radiation, plasma pen, Hyaluron pen, injections, and FDA approved medical devices, all of which are beyond the scope of a cosmetology license and full and facial registrations. (2) Practice Definitions: In the practice of cosmetology and its specialties, the following definitions apply: (a) “Chemical exfoliation” is the use of products containing chemicals that either loosen or dissolve dead cell buildup. Examples of exfoliating chemicals are alpha hydroxy acids (AHAs), which are gentle, naturally occurring acids that remove dead skin cells. (b) “Lash lift” or “Eyelash perm” is a treatment where chemical products are applied to natural lashes, lifting or curling the lashes to make them look longer and fuller. A tint is sometimes also applied. Florida licensed cosmetologists and full and facial specialists may provide lash lifting and perming services provided the chemical products used are a gel form of ammonium thioglycolate. (c) “Makeup application” includes makeup primer, face paint, lipstick, eyeliner, eye shadow, foundation, rouge or cheek color, mascara, strip lashes, individual lashes, face powder, corrective stick, and makeup remover. Makeup application does not require a cosmetology license or a full or facial specialist registration. (d) “Manual exfoliation” is the physical removal of dead skin cells through light abrasion using a sponge or cloth with or without the use of a granulated scrub, or using a dermaplaning #10 blade. All sharps must be disposed of in a biohazard sharps container. (e) “Massaging” in the practice of cosmetology is limited to the face, scalp, neck, hands, and feet and includes manipulation of the skin for the application of creams or lotions for aesthetic purposes with the hands or a smooth object such as a small stone. Manipulation of an individual’s soft body tissue for the purposes of improving health or well-being, therapeutic massages, reflexology massages, and massaging the torso are outside the scope of a cosmetology license or full and facial specialist registrations. (f) “Mechanical exfoliation” is the physical removal of surface epidermal cells by means that include but are not limited to brushing machines, granulated scrubs, peel-off masques, peeling creams or drying preparations that are rubbed off, and microdermabrasion. Microdermabrasion is a type of mechanical exfoliation that involves using a closed vacuum to shoot aluminum oxide or other crystals at the skin with a hand-held device that exfoliates dead cells. (g) “Microblading” is a form of semi-permanent tattooing that involves using tiny, fine-point needles that make up a small disposable blade and handle that deposit pigment simultaneously under your skin. Microblading is beyond the scope of a Florida cosmetology license or full or facial specialist registration. (h) “Microneedling” or “collagen induction treatment or therapy” is a procedure that uses a multi-needled device to create microchannels in the skin 0.25 – 2.5 mm deep to stimulate the body’s natural wound healing process while minimizing cellular damage. This piercing of the skin is beyond the scope of a Florida licensed cosmetologist or registered full or facial specialist. (i) “Semipermanent lashes” are lash extensions that are applied directly onto existing eyelashes with a glue that is specially formulated to not damage the lash or irritate the eyes. This process generally takes about 2 hours to apply and must be maintained. A cosmetology license or a full or facial specialist registration is required to apply these lashes to a client. (j) “Strip lashes” and “individual lashes” are full, partial, or small clusters of false lashes applied with an adhesive. This process takes very little time to apply, and, as they are not long-lasting, they are usually applied for a specific event. Rulemaking Authority 477.016, 477.025(2) FS. Law Implemented 477.013, 477.0135, 477.025(2) FS. History–New 10-10-82, Amended 6-28-84, Formerly 21F-18.001, Amended 7-4-90, Formerly 21F-18.00015, Amended 11-11-96, 3-8-00, 2-18-19, 1-24-21, 10-20-21. 61G5-18.001 Who May Apply. (1) Individuals desiring to be licensed as a cosmetologist shall meet all required qualifications as specified in Section 477.019, F.S. (2) If an applicant for licensure by examination meets all required qualifications except the required minimum hours of training, he or she shall be entitled to take the licensure examination to practice cosmetology if the applicant has received a minimum of 1,000 hours of training established by the Board, and has been certified by the Director of the school or program in which he or she is currently enrolled to have achieved the minimum competency standards of performance as prescribed in Chapter 61G5-22, F.A.C., for the hours completed. Rulemaking Authority 477.016, 477.019(2) FS. Law Implemented 477.019(2) FS. History–New 11-3-80, Amended 12-18-83, Formerly 21F-18.01, Amended 10-18-87, 1-10-90, 12-17-90, Formerly 21F-18.001, Amended 2-1-98. 61G5-18.002 Manner of Application. Rulemaking Authority 120.53, 477.016 FS. Law Implemented 477.019 FS. History–New 11-3-80, Amended 1-17-83, Formerly 21F-18.02, Amended 6-22-87, Formerly 21F-18.002, Amended 7-30-02, Repealed 9-3-12. 61G5-18.003 Cosmetology Examination. (1) The Cosmetology examination shall consist of two parts, a written theory examination and a written clinical examination, both parts must be successfully completed prior to licensure. (2)(a) The written theory examination shall be administered by the Department. The following subjects will be tested on the examination and will be weighted approximately as designated: Category Weight

1. General Safety and Sanitation Procedures 34%

2. Client Services 24%

3. Facial, Make-up, and Hair Removal 16%

4. Manicuring and Pedicuring 16%

5. Professional/Legal and Ethical Laws and Rules 10%

(b) Passing Grade. Candidates’ scores will be converted to a scale of 0 to 100; the minimum passing score as determined by the Board shall be set at 75 on that scale. All forms of the examination are statistically equated so that the relative passing scores remain equivalent. (3) The second part of the examination shall be a written clinical examination administered by the Department. The following subjects will be tested on the examination and will be weighted approximately as follows: Category Weight

(a) Hair Coloring and Lightening 39%

(b) Permanent Waving and Chemical Relaxing 34%

(c) Scalp and Hair Care 5%

(d) Hair Cutting/Shaping 10%

(e) Hair Styling 12%

(4) Passing Grade. Candidates’ scores will be converted to a scale of 0 to 100; the minimum passing score as determined by the Board shall be set at 75 on that scale. All forms of the examination are statistically equated so that the relative passing scores remain equivalent. (5) In rounding percentages, any percentage which is point five (.5) or above shall be rounded up to the next number. Percentages less than point five (.5) shall be rounded down to the next whole number. (6) An accurate record of each examination shall be made and the record, together with all examination papers, shall be filed with the Secretary of the Department and shall be kept for reference and inspection for a period of not less than two (2) years immediately following the examination. (7) An applicant shall be permitted to use a strict translation dictionary in taking the examination. Such a dictionary shall give only the translation of words from one language to another without giving any definition or explanation of any word. Rulemaking Authority 455.217(1), 477.016 FS. Law Implemented 455.217, 477.022 FS. History–New 1-1-81, Amended 4-7-81, 6-17-81, 6-3-82, 10-10-82, 1-17-83, 8-10-83, 6-28-84, 8-8-84, 4-18-85, 5-19-85, Formerly 21F-18.03, Amended 3-10-86, 8-10-86, 10-18-87, 8-29-88, Formerly 21F-18.003, Amended 4-16-96, 8-20-96. 61G5-18.004 Re-examination. (1) Any applicant who fails the examination shall be entitled to re-examination pursuant to the terms and conditions set forth in this rule. Those applicants not achieving a passing grade on each part will have failed that part of the examination and shall be required to retake and pass only that part failed in order to be licensed as a cosmetologist, provided however that the applicant must pass both parts of the examination within a two-year period. If any applicant fails to achieve a passing grade on all parts within the 2 years as provided in this rule, the applicant shall be required to retake and successfully complete the full examination. In rounding percentages, any percentage which is point five (.5) or above shall be rounded up to the next whole number. Percentages less than point five (.5) shall be rounded down to the next whole number. (2) Any person desiring to be reexamined for licensure as a cosmetologist shall apply to the Department in writing upon forms prepared and furnished by the department and shall pay a reexamination fee as required by Rule 61G5-24.006, F.A.C. (3) Those applicants who qualified to take the examination after completion of only 1,000 hours of training pursuant to Section 477.019(1)(b), F.S., and failed, shall be entitled to reexamination only upon completion of the full requirements provided for in Section 477.019, F.S. Rulemaking Authority 455.217(2), 477.016 FS. Law Implemented 455.217(2), 477.022 FS. History–New 11-3-80, Amended 8-10-83, 6-28-84, Formerly 21F-18.04, Amended 6-18-86, Formerly 21F-18.004, Amended 8-20-96, 7-8-19. 61G5-18.005 Examination Review Procedure. Rulemaking Authority 477.016, 455.217(2) FS. Law Implemented 455.217(2) FS. History–New 11-3-80, Formerly 12F-18.05, Amended 8-20-90, Formerly 21F-18.005, Repealed 9-3-12. 61G5-18.0055 Supervised Cosmetology Practice Exception. Rulemaking Authority 477.016, 477.019(4) FS. Law Implemented 477.019(4), (5) FS. History–New 11-25-98, Amended 2-25-07, 5-19-09, 5-13-10, Repealed 9-3-12. 61G5-18.007 Endorsement of Cosmetologists. The Department of Business and Professional Regulation shall issue a license to an applicant without examination who: (1) Makes application and pays to the Department the fee specified in Rule 61G5-24.002, F.A.C.; (2) Demonstrates the applicant has completed a board approved HIV/AIDS course; and (3) Demonstrates the applicant holds a current active license to practice cosmetology under the law of another state. Rulemaking Authority 477.016 FS. Law Implemented 477.019(6) FS. History–New 11-3-80, Formerly 21F-18.07, Amended 6-22-87, 10-18-87, 12-17-90, Formerly 21F-18.007, Amended 7-1-02, 5-8-13, 8-28-18, 11-22-20. 61G5-18.008 Cosmetologist License Renewal. A cosmetologist shall renew his or her license on or before October 31 each biennial year, according to the fee schedule as outlined in Rule 61G5-24.008, F.A.C. Rulemaking Authority 477.016, 477.019(5) FS. Law Implemented 477.019(5) FS. History–New 11-3-80, Amended 6-28-84, 10-6-85, Formerly 21F-18.08, 21F-18.008, Amended 8-8-95, 1-24-21. 61G5-18.011 Initial Licensure or Registration Requirement for Instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome; Course Content and Approval Requirements. (1) Each applicant for initial licensure or registration under Chapter 477, F.S., shall complete a board-approved educational course on Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS), and shall submit proof thereof in the form of a certificate of completion from the provider of such course with the application. A copy of the certificate will satisfy this requirement. Completion of such course shall be a condition of licensure or registration. Except as provided in subsection (2), below, no person shall be granted an initial license or registration unless he or she complies with this rule. (2) If an applicant for initial licensure or registration under Chapter 477, F.S., has not completed a board-approved educational course on HIV and AIDS at the time of application, but has completed all other requirements for licensure or registration, he or she may request an additional 6 month period in which to complete this requirement. Such request shall be submitted at the time of filing the application for licensure or registration; and, will be made by filing a written affidavit showing good cause to grant the request. Upon the filing of such affidavit, the applicant shall be granted one, 6 month period in which to complete a board-approved educational course on HIV and AIDS. The applicant shall be required to submit proof of the completion of this course in the form of a certificate of completion from the provider of such course to the department within the 6 month period. A copy of the certificate will satisfy this requirement. Failure to submit such proof during the 6 month period shall cause any previously issued license or registration to become null and void without further action by the Board. (3) All educational courses on HIV and AIDS which are taught to fulfill the requirements for initial licensure or registration under Chapter 477, F.S., shall be approved by the Board. To be considered for the Board’s approval, courses on HIV and AIDS shall consist of 4 hours combined education of: (a) Education on the modes of transmission, infection control procedures, clinical management, and prevention of HIV and AIDS; (b) Discussion of attitudes towards HIV and AIDS as well as appropriate behavior in dealing with persons who may have the virus or syndrome. (4) All proposed HIV and AIDS educational courses shall be submitted for presentation to the Board at least 30 days prior to the next scheduled board meeting at which the course is to be considered for approval. No course may be taught for credit until it has received the Board’s approval. (5) The Board approves the following courses for purposes of fulfilling the requirements for initial licensure or registration under Chapter 477, F.S.: (a) Courses approved by any other board in accordance with Section 381.0034, 381.0035, 455.2226, or 455.2228, F. S.; (b) Basic AIDS educational courses presented by the Florida Department of Health or other state health departments, provided they meet the requirements set forth in subsection (3). (6) Home study or video courses shall be approved by the Board, provided they meet the requirements set forth in subsection (3). Home study courses must require a 75% passing score on a post course test to be graded by the course provider. (7) At any time, the Board shall deny or rescind its approval of a course offered for initial licensure if it finds that: such approval was the result of fraud; the course which is being provided fails to cover the information required by statute or subsection (3), or fails to meet other requirements specified in this rule; or the course significantly varies from the course proposal that was approved by the Board. Before rescinding approval of a course, the Board shall give the course provider notice and an opportunity to be heard. If the Board denies or rescinds its approval of a course because of the course provider’s fraud in obtaining such approval, then the course provider shall thereafter be barred from presenting any other course to licensees for credit unless the course provider demonstrates to the Board that he or she has been sufficiently rehabilitated to be trusted to provide such courses to licensees in the future. Rulemaking Authority 455.2228(5), 477.016 FS. Law Implemented 455.2228 FS. History–New 9-2-90, Amended 4-9-91, 10-27-91, 6-14-93, Formerly 21F-18.011, Amended 2-1-95, 12-21-97, 1-31-99, 3-8-00, 5-10-01, 8-1-05.

Chapter 61G5-20 COSMETOLOGY SALONS

Fla. Admin. Code R. 61G5-20 COSMETOLOGY SALONS

CHAPTER 61G5-20 COSMETOLOGY SALONS 61G5-20.001 Salon Defined 61G5-20.0015 Performance of Cosmetology or Specialty Services Outside a Licensed Salon 61G5-20.00175 Fashion Photography 61G5-20.002 Salon Requirements 61G5-20.003 Inspections 61G5-20.004 Display of Documents 61G5-20.005 Salon License Renewal 61G5-20.006 Transfer of Ownership or Location of a Salon (Repealed) 61G5-20.007 Communicable Disease 61G5-20.008 Employment of Applicants for Licensure as a Cosmetologist Prior to Licensure; Employment of Applicants for Registration as a Specialist Prior to Registration 61G5-20.010 Mobile Salons 61G5-20.001 Salon Defined. Salon means any establishment or place of business wherein cosmetology as defined in Section 477.013(4), F.S., or any specialty as defined in Section 477.013(6), F.S., is practiced for compensation, however this does not prevent the practice of cosmetology in a licensed barbershop, or the practice of barbering in a licensed cosmetology salon, provided the salon employs a licensed cosmetologist. Except as provided in Rule 61G5-20.010, F.A.C., a salon must be at a fixed location. Rulemaking Authority 477.016 FS. Law Implemented 477.025 FS. History–New 11-2-80, Amended 10-10-82, 10-6-85, Formerly 21F-20.01, Amended 10-18-87, Formerly 21F-20.001, Amended 2-10-94, 2-25-07. 61G5-20.0015 Performance of Cosmetology or Specialty Services Outside a Licensed Salon. (1) “Special events” are weddings, fashion shows, and other organized public or private events with a duration of no more than three consecutive days, and where cosmetology services are essential to the event, and the cosmetologist does not provide services to the general public. (2) Cosmetology or specialty services may be performed by a licensed cosmetologist or specialist in a location other than a licensed salon, including a hospital, nursing home, residence, or similar facility, when a client for reasons of ill health is unable to go to a licensed salon. Such services are not to be performed upon employees or person who do not reside in the facility, or any other non-qualified persons. Arrangements for the performance of cosmetology services pursuant to this subsection shall be made only through a licensed salon. (3) Cosmetology services may only be performed in a photography studio salon subject to the following requirements: (a) Only hair-arranging services and the application of cosmetic products may be performed in a photography studio salon, and only for the purpose of preparing a model or client of the photography studio for a photographic session. Shampooing the hair, hair cutting, hair coloring, permanent waving of the hair, hair relaxing, hair removal, manicuring, pedicuring, and the performance of any other service defined as cosmetology may not be performed in a photography studio salon. (b) All hair-arranging services and applications of cosmetic products to be performed in the photography studio salon shall be performed by a licensed Florida cosmetologist or under the supervision of a licensed cosmetologist employed by the salon. “Under the supervision of a licensed cosmetologist” shall mean that an individual who then holds a current, active Florida license as a cosmetologist shall be physically present at the photography studio salon at all times when hair-arranging services or applications of cosmetic products are being performed. (c) When performing hair-arranging services, the photography studio salon shall use either disposable hair-arranging implements or shall use a wet or dry sanitizing system approved by the federal Environmental Protection Agency. (4) Hair shampooing, hair cutting, hair arranging, nail polish removal, nail filing, nail buffing, and nail cleansing may be performed in a location other than a licensed salon when the service is performed by a person who holds the proper license. The licensee shall use either disposable implements or a wet or dry sanitizing system approved by the federal Environmental Protection Agency. (5) The following procedures shall be followed when performing cosmetology services outside of a licensed salon: (a) Information as to the name and contact information of the client and the address at which the services are to be performed shall be recorded in an appointment book. (b) For services required to be scheduled through a salon, the appointment book shall remain at the salon and be made available upon request to any investigator or inspector of the Department. (c) For services in subsection (4) that have been scheduled directly with the licensed cosmetologist or specialist, the appointment book shall remain with the provider. Rulemaking Authority 477.016, 477.025(2), 477.0263 FS. Law Implemented 477.013(11), 477.025(2), 477.0263(2), (4), 477.0135(4) FS. History–New 12-29-83, Amended 10-6-85, Formerly 21F-20.015, 21F-20.0015, Amended 11-25-98, 8-12-13, 11-22-20, 10-18-21, Technical Change 2-10-26. 61G5-20.00175 Fashion Photography. For purposes of Section 477.0263(3), F.S., fashion photography is hereby defined to mean the photographing of one or more human subjects or professional models for commercial purposes where the subject or model receives remuneration, compensation or wages for being photographed. Fashion photography shall not include instances in which the subject pays a photographer a fee to be photographed or instances in which the photographs are made for the personal use and enjoyment of the subject rather than for commercial purposes. Rulemaking Authority 477.016 FS. Law Implemented 477.0263(3) FS. History–New 1-9-95. 61G5-20.002 Salon Requirements. (1) Definitions: For the purposes of this rule, the following definitions apply: (a) “Clean” means the removal of visible debris from a surface such as washing with soap/water. (b) “Disinfect” means the use of a chemical to destroy potential pathogens. (c) “Sterilize” means the complete destruction of all microbial life, commonly achieved through the use of heat and/or pressure. (d) “Wet disinfection container” means a tub or jar with a lid, filled with disinfectant and large enough for all items to be completely immersed. (e) “Infection control” means the process for reducing the risk of spreading disease causing pathogens. (2) Prior to opening a salon, the owner shall: (a) Submit an application on forms prescribed by the Department of Business and Professional Regulation; and, (b) Pay the required registration fee as outlined in the fee schedule in Rule 61G5-24.005, F.A.C.; and, (c) Meet the safety and sanitary requirements as listed below and these requirements shall continue in full force and effect for the life of the salon:

1. Ventilation and Cleanliness: Each salon shall be kept well ventilated. The walls, ceilings, furniture and equipment shall be kept clean and free from dust. Hair must not be allowed to accumulate on the floor of the salon. Hair must be deposited in a covered waste receptacle. Each salon which provides services for the extending or sculpturing of nails shall provide such services in a separate area which is adequately ventilated for the safe dispersion of all fumes resulting from the services.
2. Toilet and Lavatory Facilities: Each salon shall provide – on the premises or in the same building as, and within 300 feet of, the salon – adequate toilet and lavatory facilities. To be adequate, such facilities shall have at least one toilet and one sink with running water. Such facilities shall be equipped with toilet tissue, soap dispenser with soap or other hand cleaning material, sanitary towels or other hand-drying device such as a wall-mounted electric blow dryer, and waste receptacle. Such facilities and all of the foregoing fixtures and components shall be kept clean, in good repair, well-lighted, and adequately ventilated to remove objectionable odors.
3. A salon, or specialty salon may be located at a place of residence. Salon facilities must be separated from the living quarters by a permanent wall construction. A separate entrance shall be provided to allow entry to the salon other than from the living quarters. Toilet and lavatory facilities shall comply with subparagraph (c)2., above, and shall have an entrance from the salon other than the living quarters.
4. Animals: No animals or pets shall be allowed in a salon, with the exception of service animals and fish kept in closed aquariums.
5. Shampoo Bowls: Each salon shall have shampoo bowls equipped with hot and cold running water. The shampoo bowls shall be located in the area where cosmetology services are being performed. A specialty salon that exclusively provides specialty services, as defined in Section 477.013(6), F.S., need not have a shampoo bowl, but must have a sink or lavatory equipped with hot and cold running water on the premises of the salon. (d) Comply with all local building and fire codes. These requirements shall continue in full force and effect for the life of the salon. (3) Each salon shall comply with the following: (a) Linens: Each salon shall keep clean linens in a closed, dustproof cabinet. All soiled linens must be kept in a closed receptacle. Soiled linens may be kept in open containers if entirely separated from the area in which cosmetology services are rendered to the public. A sanitary towel or neck strip shall be placed around the patron’s neck to avoid direct contact of the shampoo cape with a patron’s skin. (b) Containers: Salons must use containers for waving lotions and other preparations of such type as will prevent contamination of the unused portion. All creams shall be removed from containers by spatulas. (c) Disinfection: The use of a brush, comb or other article on more than one patron without being disinfected is prohibited. Each salon is required to have sufficient combs, brushes, and implements to allow for adequate disinfecting practices. Combs or other instruments shall not be carried in pockets. (d) Disinfectants: All salons shall be equipped with and utilize disinfecting solutions with hospital level disinfectant or EPA approved disinfectant, sufficient to allow for disinfecting practices.
6. A wet disinfection container is any receptacle containing a disinfectant solution and large enough to allow for a complete immersion of the articles. A cover shall be provided.
7. Disinfecting methods which are effective and approved for salons: First, clean articles with soap and water, completely immerse in a chemical solution that is hospital level or EPA approved disinfectant as follows:
   1. Combs and brushes, remove hair first and immerse in hospital level or EPA approved disinfectant;
   2. Metallic instrument, immerse in hospital level for EPA approved disinfectant;
   3. Instruments with cutting edge, wipe with a hospital level or EPA approved disinfectant; or
   4. Implements may be immersed in a hospital level or EPA approved disinfectant solution.
   5. Shampoo bowls, facial beds, and neck rests, clean and disinfect between each use.
8. For purposes of this rule, a “hospital level disinfectant or EPA approved disinfectant” shall mean the following:
   1. For all combs, brushes, metallic instruments, instruments with a cutting edge, and implements that have not come into contact with blood or body fluids, a disinfectant that indicates on its label that it has been registered with the EPA as a hospital grade bacterial, virucidal and fungicidal disinfectant;
   2. For all combs, brushes, metallic instruments with a cutting edge, and implements that have come into contact with blood or body fluids, a disinfectant that indicates on its label that it has been registered with the EPA as a disinfectant, in accordance with 29 C.F.R. 1910.1030.
9. All disinfectants shall be mixed and used according to the manufacturer’s directions. (e) After cleaning and disinfecting, articles shall be stored in a clean, closed cabinet or container until used. Undisinfected articles such as pens, pencils, money, paper, mail, etc., shall not be kept in the same container or cabinet. For the purpose of recharging, rechargeable clippers may be stored in an area other than in a closed cabinet or container, provided such area is clean and provided the cutting edges of such clippers have been disinfected. (f) Ultra Violet Irradiation may be used to store articles and instruments after they have been cleansed and disinfected. (g) Pedicure Equipment Disinfection: The following cleaning and disinfection procedures must be used for any pedicure equipment that holds water, including sinks, bowls, basins, pipe-less spas, and whirlpool spas:
10. After each client, all pedicure units must be cleaned with a low-foaming soap or detergent with water to remove all visible debris, then disinfected with an EPA registered hospital grade bactericidal, fungicidal, virucidal, and pseudomonacidal disinfectant used according to manufacturers’ instructions for at least ten (10) minutes. If the pipe-free foot spa has a foot plate, it should be removed and the area beneath it cleaned, rinsed, and wiped dry.
11. At the end of each day of use, the following procedures shall be used:
    1. All filter screens in whirlpool pedicure spas or basins for all types of foot spas must be disinfected. All visible debris in the screen and the inlet must be removed and cleaned with a low-foaming soap or detergent and water. For pipe-free systems, the jet components or foot plate must be removed and cleaned and any debris removed. The screen, jet, or foot plate must be completely immersed in an EPA registered, hospital grade bactericidal, fungicidal, virucidal, and pseudomonacidal disinfectant that is used according to manufacturer’s instructions. The screen, jet, or foot plate must be replaced after disinfection is completed and the system is flushed with warm water and low-foaming soap for 5 minutes, rinsed, and drained.
    2. After the above procedures are completed, the basin should be filled with clean water and the correct amount of EPA registered disinfectant. The solution must be circulated through foot spa system for 10 minutes and the unit then turned off. The solution should remain in the basin for at least 6 to 10 hours. Before using the equipment again, the basin system must be drained and flushed with clean water.
12. Once each week, subsequent to completing the required end-of-day cleaning procedures, the basin must be filled with a solution of water containing one teaspoon of 5.25% bleach for each gallon of water. The solution must be circulated through the spa system for 5 to 10 minutes and then the solution must sit in the basin for at least 6 hours. Before use, the system must be drained and flushed.
13. A record or log book containing the dates and times of all pedicure cleaning and disinfection procedures must be documented and kept in the pedicure area by the salon and made available for review upon request by a consumer or a Department inspector. (4) No cosmetology or specialty salon shall be operated in the same licensed space allocation with any other business which adversely affects the sanitation of the salon, or in the same licensed space allocation with a school teaching cosmetology or a specialty licensed under Chapter 477, F.S., or in any other location, space, or environment which adversely affects the sanitation of the salon. In order to control the required space and maintain proper sanitation, where a salon adjoins such other business or school, or such other location, space or environment, there must be permanent walls separating the salon from the other business, school, location, space, or environment and there must be separate and distinctly marked entrances for each. (5) Evidence that the full or specialty salon contains a minimum of 100 square feet of floor space. No more than one (1) cosmetologist or specialist may be employed in a salon which has only the minimum floor space. An additional 50 square feet will be required for each additional specialist or cosmetologist employed. (6) Full and specialty salons, regardless of size and number of operators, shall meet all the sanitation requirements stated in this section. (7) For purposes of this rule, “permanent wall” means a vertical continuous structure of wood, plaster, masonry, or other similar building material, which is physically connected to a salon’s floor and ceiling, and which serves to delineate and protect the salon. Rulemaking Authority 477.016, 477.025(2) FS. Law Implemented 477.025 FS. History–New 4-22-81, Amended 9-11-81, 1-17-83, 8-10-83, 6-28-84, 10-6-85, Formerly 21F-20.02, Amended 6-18-86, 10-18-87, 8-20-90, 5-19-91, 1-30-92, 5-11-92, 4-15-93, 5-31-93, Formerly 21F-20.002, Amended 1-9-95, 4-5-95, 8-8-95, 2-28-96, 6-16-97, 8-27-98, 4-13-99, 8-1-05, 9-6-06, 2-25-07, 3-10-08, 4-3-13, 6-10-13, 11-9-17. 61G5-20.003 Inspections. The Department of Business and Professional Regulation shall cause an inspection of all proposed salons to determine if all the requirements have been met. Each licensed salon shall be inspected at least biennially by the Department. No person shall, for any reason intentionally, or directly inhibit an authorized representative of the Department from performing said inspections. Rulemaking Authority 477.016, 477.025(9) FS. Law Implemented 477.025(4),(9) FS. History–New 4-22-81, Amended 9-11-81, 5-3-82, 10-6-85, Formerly 21F-20.03, Amended 10-18-87, Formerly 21F-20.003, Amended 9-27-07, Technical Change 2-6-26. 61G5-20.004 Display of Documents. (1) All holders of a cosmetology or specialty salon license shall display within their salons in a conspicuous place which is clearly visible to the general public upon entering the salon the following documents: (a) The current salon license, (b) A legible copy of the most recent inspection sheet for the salon. (2) All holders of a cosmetology or specialty salon license shall require and ensure that all individuals engaged in the practice of cosmetology or specialty display at the individual’s work station their current license or registration at all times when the individual is performing cosmetology or a specialty. The license or registration certificate on display shall be current and shall have attached a 2'' by 2'' photograph taken within the previous two years of the individual whose name appears on the certificate. The certificate with photograph attached shall be permanently laminated. (3) All holders of a cosmetology or specialty salon license shall display at each footbath a copy of the Consumer Protection Notice regarding footbaths, sanitation, and safety. Copies of this notice, revised 10/15/07, and incorporated herein by reference, may be obtained from the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0790, and the Call Center by calling (850)487-1395, or at: http://www.myfloridalicense.com/dbpr/pro/cosmo/documents/cosmo_consumer_protection_flier_thepriceofbeauty.pdf. Rulemaking Authority 477.016, 477.025(2) FS. Law Implemented 477.025 FS. History–New 11-2-80, Amended 10-10-82, 6-28-84, 10-6-85, Formerly 21F-20.04, 21F-20.004, Amended 3-22-00, 12-6-06, 3-10-08, 11-22-20. 61G5-20.005 Salon License Renewal. All salon licenses shall be renewed on or before November 30 of each biennial (even-numbered) year, by meeting all the current requirements for salon licensure as expressed in rule Chapter 61G5-20, F.A.C., and by paying the renewal fee specified in Rule 61G5-24.009, F.A.C. A salon license is delinquent if not renewed by the November 30 renewal date. To renew a delinquent license, a licensee shall pay delinquent fee as outlined in Rule 61G5-24.009, F.A.C. (in addition to the biennial renewal fee). A delinquent salon license shall expire at the end of the biennium in which it becomes delinquent. After a salon license has expired at the end of the biennium, a new salon license application, the delinquent fee as outlined in Rule 61G5-24.009, F.A.C., and all fees as outlined in Rule 61G5-24.005, F.A.C., must be filed with the Board. Until such new license is issued for and received by the salon, all cosmetology and specialty services shall cease. Rulemaking Authority 477.016, 477.025, 477.026 FS. Law Implemented 477.025(8), 477.026(1)(c) FS. History–New 11-2-80, Amended 5-3-82, 10-6-85, Formerly 21F-20.05, Amended 1-28-91, Formerly 21F-20.005, Amended 2-28-96, 8-20-96, 10-1-97. 61G5-20.006 Transfer of Ownership or Location of a Salon. Rulemaking Authority 477.016 FS. Law Implemented 477.025(7) FS. History–New 5-12-81, Amended 10-6-85, Formerly 21F-20.06, 21F-20.006, Amended 10-30-97, Repealed 9-3-12. 61G5-20.007 Communicable Disease. (1) No person engaged in the practice of cosmetology or a specialty in a salon shall proceed with any service to a person having a visible disease, pediculosis, or open sores suggesting a communicable disease, until such person furnishes a statement signed by a physician licensed to practice in the State of Florida stating that the disease or condition is not in an infectious, contagious or communicable stage. (2) No cosmetologist or person registered to practice any specialty in Florida, who has a visible disease, pediculosis, or open sores suggesting a communicable disease, shall engage in the practice of cosmetology or any specialty, until such cosmetologist or registrant obtains a statement signed by a physician licensed to practice in the State of Florida stating that the disease or condition is not in an infectious, contagious, or communicable stage. Rulemaking Authority 477.016 FS. Law Implemented 477.025(2) FS. History–New 5-12-81, Amended 10-6-85, Formerly 21F-20.07, Amended 5-11-92, Formerly 21F-20.007. 61G5-20.008 Employment of Applicants for Licensure as a Cosmetologist Prior to Licensure; Employment of Applicants for Registration as a Specialist Prior to Registration. (1) Holders of a cosmetology salon license who wish to permit an applicant for licensure as a cosmetologist by examination to perform cosmetology services in their salon shall: (a) Prior to permitting an applicant to perform cosmetology services in their salon, obtain from the applicant proof that they have passed all parts of the examination for licensure as a cosmetologist within the two years as provided by Rule 61G5-18.004, F.A.C.; (b) Display in a conspicuous place at the cosmetology salon in which the applicant performs cosmetology services a copy of the cosmetology examination passing certificate(s). (2) Holders of a cosmetology or specialty salon license who wish to permit an applicant for registration as a specialist to perform specialty services in their salon pursuant to Rule 61G5-29.004, F.A.C., shall: (a) Prior to permitting an applicant to perform any specialty services in their salon, obtain from the applicant a copy of the completed application for registration that includes proof of successful completion of the education requirements and payment of the applicable fees submitted to the Department by the applicant; (b) Upon learning or in any way becoming aware that an applicant who is performing specialty services in their salon pursuant to Rule 61G5-29.004, F.A.C., has been notified that his or her application is incomplete, or has been determined by the Board to be not qualified for registration as a specialist, shall immediately cease to permit the applicant to further perform specialty services; (c) Display in a conspicuous place at the cosmetology or specialty salon in which the applicant performs specialty services pursuant to Rule 61G5-29.004, F.A.C., a copy of the completed application for registration as a specialist submitted to the Department by the applicant. Rulemaking Authority 477.016, 477.019(4), 477.025(2) FS. Law Implemented 477.019(4), 477.0201(6) FS. History–New 10-18-87, Amended 5-2-91, Formerly 21F-20.008, Amended 11-11-96, 12-21-97, 11-25-98, 4-3-17, 11-22-20, Technical Change 2-9-26. 61G5-20.010 Mobile Salons. (1) The operation of all mobile cosmetology salons shall meet and at all times remain in compliance with all local laws and ordinances regulating business establishments in all areas in which the mobile salon operates, with all applicable requirements of the Americans with Disabilities Act relating to accommodations for persons with disabilities, and with all applicable OSHA requirements. (2) Each mobile salon shall meet and at all times remain in compliance with the requirements of this rule, all licensure and operating requirements specified in Chapters 455 and 477, F.S., and all other rules of the Board and the Department which apply to cosmetology salons at fixed locations except to the extent those rules of the Board conflict with this rule. (3) To facilitate inspections by the Department: (a) Prior to the beginning of each month, each mobile salon license holder shall file with the Board a written monthly itinerary which lists the locations where and the dates and hours when the mobile salon will be operating. (b) The salon name and salon license number shall be in lettering at least five inches in height and shall be visibly displayed and clearly legible on at least two exteriors sides of each mobile salon. (c) If a mobile salon is in a motor vehicle, the vehicle’s identifications number shall be included on the mobile salon’s application for licensure and shall also be listed on the mobile salon’s monthly itinerary required in paragraph (a) of this subsection. (d) Each mobile salon shall have a telephone or other means of telecommunication by which it can be contacted by the Department personnel. The salon’s telephone number shall be included on the mobile salon’s application for licensure and shall also be listed on the mobile salon’s monthly itinerary required in paragraph (a) of this subsection. (e) Each salon shall be operated only at the times and places specified in its monthly itinerary. (f) Each mobile salon license holder shall maintain a permanent business address in the inspection area of the local district office at which records of appointments, itineraries, license numbers of employees, and vehicle identification numbers of the license holder’s mobile salon shall be kept and made available for verification purposes by Department personnel, and at which correspondence from the Department can be received. Post Office box or private mail box addresses may not be used for these purposes. (4) Due to the inherent problems of providing water and sewage service to mobile salons, the following requirements shall apply: (a) Each mobile salon shall be equipped with a functional restroom which includes a self-contained, flush chemical toilet with a holding tank. The restroom, shall also be in substantial compliance with the toilet and lavatory requirements specified in Rule 61G5-20.002, F.A.C. (b) Each mobile salon shall have storage capacity for at least 35 gallons of clean water for each cosmetologist working in the mobile salon and a total storage capacity for waste water equal to or greater than the mobile salon’s total capacity for clean water. (c) Operation of a mobile salon shall promptly cease:
14. When the mobile salon’s clean water supply is depleted or so diminished that further cosmetology service cannot be completed;
15. When the mobile salon’s waste water storage capacity if reached;
16. When the mobile salon’s restroom is in need of servicing. (d) No mobile salon shall operate or resume operation unless it has a sufficient amount of clean water as well as waste water capacity necessary for completing all cosmetology services undertaken and its restroom is functional. (e) In disposing of sewage and waste water, each mobile salon shall comply with applicable state and local environmental and sanitation regulations. (5) No cosmetology services shall be performed and no patrons shall remain within a mobile salon while it is in motion. (6) Applicants for licensure of a mobile salon shall be subject to and shall pay the same fees which licensed salons at fixed locations are subject to. Rulemaking Authority 477.016, 477.025(2) FS. Law Implemented 477.025(10) FS. History–New 2-10-94, Amended 12-27-95, 11-25-98, Technical Change 2-10-26.

Chapter 61G5-22 SCHOOL CURRICULUM PERFORMANCE BASED LEARNING - MINIMAL COMPETENCY AND SERVICE

Fla. Admin. Code R. 61G5-22 SCHOOL CURRICULUM PERFORMANCE BASED LEARNING - MINIMAL COMPETENCY AND SERVICE

CHAPTER 61G5-22 SCHOOL CURRICULUM PERFORMANCE BASED LEARNING – MINIMAL COMPETENCY AND SERVICE 61G5-22.001 Purpose (Repealed) 61G5-22.002 Definitions 61G5-22.003 Level of Acceptability 61G5-22.004 Florida Law 61G5-22.005 Sanitation and Disinfection 61G5-22.006 Facials (Including Skin Care and Hair Removal) 61G5-22.007 Hair Shaping 61G5-22.008 Scalp Treatments and Hair Care Rinses 61G5-22.009 Shampoos and Rinses 61G5-22.010 Hair Arranging (Styling) 61G5-22.011 Hair Coloring 61G5-22.012 Chemical Waving and Relaxing/Straightening 61G5-22.0125 Manicuring/Pedicuring/Nail Extension 61G5-22.014 Optional Curricula 61G5-22.015 Specialty Certification 61G5-22.016 Minimum Curriculum for Nail Specialty Training 61G5-22.017 Minimum Curriculum for Facial Specialty Training 61G5-22.001 Purpose. Rulemaking Authority 477.016 FS. Law Implemented 477.019(2), FS. History–New 11-2-80, Amended 5-12-81, 10-29-85, Formerly 21F-22.01, Amended 8-20-90, Formerly 21F-22.001, Repealed 9-3-12. 61G5-22.002 Definitions. (1) Level of Acceptability – Minimum passing grade. The level of acceptability for each of the cosmetology/specialty subjects, theoretical and practical, shall be a minimum score of seventy-five percent (75%) or better on an examination on each of the objectives for each subject area. (2) Learning Objective. Statements of the basic subject matter content arranged in an effective learning sequence – what the classroom teacher or manager will do in the learning/teaching situation. (3) Performance Objective. A statement of exactly what the learner must do in observable and measurable terms. A terminal objective – the final action or performance of the individual or group. (4) A minimum student performance standard is a statement specifying competencies that all students are expected to attain at a particular point in time. Mastery of a standard will be demonstrated by the mastery of skills related to the standard. Rulemaking Authority 477.016 FS. Law Implemented 477.025(2) FS. History–New 11-2-80, Amended 10-29-85, Formerly 21F-22.02, 21F-22.002, Amended 12-21-20. 61G5-22.003 Level of Acceptability. Every school shall evaluate each individual for competency on each objective for each subject area and type of service. Rulemaking Authority 477.016 FS. Law Implemented 477.025(2), 477.019(2), 477.0201 FS. History–New 11-2-80, Amended 10-29-85, Formerly 21F-22.03, 21F-22.003, Amended 12-21-20. 61G5-22.004 Florida Law. (1) Objective: To present an overview of cosmetology law and rules and regulations in relation to consumer protection for both health and economic matters. (2) Learning Objectives: (a) To define the limitations of the authority of the Board of Cosmetology; (b) To define the rulemaking authority of the Board of Cosmetology; (c) To understand the qualifications for licensure; (d) To understand the procedures and context of examinations; (e) To comprehend the requirements for cosmetology salons and inspections; (f) To be aware of the disciplinary proceedings and penalties for violations of Chapter 477, F.S.; (g) To understand the complaint procedures for violations of Chapter 477, F.S., or the rules promulgated pursuant thereto; (h) To understand the definitions as used in Chapter 477, F.S.; (i) To understand the requirements through rules and regulations for license renewal; and (j) To know the fees and their disposition. Rulemaking Authority 477.016 FS. Law Implemented 477.025(2) FS. History–New 11-2-80, Amended 10-29-85, Formerly 21F-22.04, 21F-22.004. 61G5-22.005 Sanitation and Disinfection. (1) Objective: To use chemical agents to disinfect implements and equipment in the salon and promote and protect good health in the community. (2) Learning Objectives: (a) To define terms and to describe and clarify bacteria in relationships to the spread of disease; (b) To describe four (4) methods of sanitation; (c) To describe the various agents used to prevent the spread of disease; and (d) To describe measures used to disinfect service areas. (3) Performance Objectives: (a) To effectively disinfect the cosmetologist’s implements to prevent the spread of desease; and (b) To disinfect necessary equipment in the salon to prevent the spread of disease. Rulemaking Authority 477.016, 477.025(2) FS. Law Implemented 477.025(2) FS. History–New 11-2-80, Formerly 21F-22.05, 21F-22.005, Amended 11-28-13. 61G5-22.006 Facials (Including Skin Care and Hair Removal). (1) Objective: To gain information and knowledge to give a facial massage treatment using oils, creams, lotions, or other preparations to properly protect the client from significant damage and to describe chemicals, implements and techniques used in hair removal. (2) Learning Objectives: (a) To explain the structure and function of skin; (b) To describe diseases of the glands; (c) To recognize lesions; (d) To describe basic facial massage movements; (e) To recognize and define the various types of corrective facials; (f) To describe products used and the purpose of each; (g) To understand the purpose and effects of muscle toning; (h) To describe the benefits and nature of light therapy; (i) To analyze and correct improper brow shapings; (j) To describe the proper steps in removing hair through tweezing or waxing; and (k) To understand the safety precautions to follow in the use of electrical apparatus in hair removal; (l) To apply make-up. (3) Performance Objectives: (a) To use the materials and equipment required in giving facials; (b) To perfect procedures and manipulations; (c) To use the proper steps and safety precautions in giving facial treatments for varied types of skin; (d) To analyze and correct improper brow shapings; and (e) To remove superfluous hair on the head, face or neck through epilation and/or depilation, excluding electrolysis. Rulemaking Authority 477.016, 477.019(2) FS. Law Implemented 477.0201, 477.023 FS. History–New 11-2-80, Amended 10-29-85, Formerly 21F-22.06, Amended 4-8-86, Formerly 21F-22.006, Amended 7-13-09, 1-2-10, 3-26-12, 11-24-20. 61G5-22.007 Hair Shaping. (1) Objective: To use hair shaping implements and supplies in cutting the client's hair in a requested style(s) in specific times between 15 to 30 minutes. (2) Learning Objectives: (a) To be able to describe hair shaping implements, their uses and cutting movements; (b) To explain the differences between razor and scissor shaping; and (c) To take growth patterns, facial features, various hair textures, finished style and other factors into account before cutting. (3) Performance Objectives: (a) To give blended basic, low, medium, and high elevation wet razor and scissor shaping; (b) To give a tailored neckline on dry hair; (c) To perform tapered cutting; (d) To perform slither (effilating) cutting; (e) To blunt, cut wet hair (razor and scissors); and (f) To section hair and analyze head form in preparation of a finished, professional style. Rulemaking Authority 477.016, 477.019(2)(c)2. FS. Law Implemented 477.023 FS. History–New 11-2-80, Formerly 21F-22.07, 21F-22.007, Amended 11-24-20. 61G5-22.008 Scalp Treatments and Hair Care Rinses. (1) Objective: To provide a beneficial service of stimulation to contribute to a healthy scalp and to select a specific treatment that will improve the appearance of a client’s hair following proper safety precautions in the application procedure. (2) Learning Objectives: (a) To describe the benefits of scalp manipulations; (b) To explain when scalp manipulations can and cannot be given; (c) To describe the application of electricity in high frequency scalp treatments; (d) To become aware of the physical and chemical actions that damage hair; (e) To describe the use of proteins in treating the hair; (f) To clarify and describe different types of conditioners; (g) To define temporary hair coloring; and (h) To describe the advantages and disadvantages of temporary colors. (3) Performance Objectives: (a) To give a scalp treatment using physical manipulations of stimulation; (b) To provide high frequency scalp treatments using proper safety precautions to protect the client; (c) To assess hair damage and choose the appropriate conditioners; and (d) To select and apply temporary color rinses according to the client’s desire and need. Rulemaking Authority 477.016, 477.019(2)(c)2. FS. Law Implemented 477.023 FS. History–New 11-2-80, Formerly 21F-22.08, 21F-22.008, Amended 11-24-20. 61G5-22.009 Shampoos and Rinses. (1) Objective: To use shampoo supplies and chemicals in cleansing the scalp and hair in preparation for additional salon services. (2) Learning Objectives: (a) To describe the physical and chemical actions of shampooing; (b) To describe the effects of various types of shampoos and rinses and their purposes; (c) To describe the contents and characteristics of specific kinds of shampoos; (d) To identify appropriate products for conditioning the client's hair and scalp; and (e) To recognize scalp and hair disorders and diseases and suggest corrective measures. (3) Performance Objectives: (a) To cleanse the scalp and hair using various methods; (b) To perform scalp manipulations in shampooing; (c) To analyze scalp and hair to determine proper shampoo; (d) To identify types of rinses and the purposes of each; and (e) To use proper rinsing techniques. Rulemaking Authority 477.016, 477.019(2)(c)2. FS. Law Implemented 477.023 FS. History–New 11-2-80, Formerly 21F-22.09, 21F-22.009, Amended 11-24-20. 61G5-22.010 Hair Arranging (Styling). (1) Objective: To arrange a client’s hair into a style of the client’s choice through the development of dexterity, coordination and strength in creating designs and patterns in the hair. (2) Learning Objectives: (a) To describe the parts of a fingerwave and identify waves, shapings, sculpture (pin) curls and base directed hair; (b) To identify the setting and combing implements used to style hair; (c) To identify hairstyling terms and define parts of sculpture (pin) curls, their shapes, variations and strengths; (d) To describe the basic principles used to decide correct roller diameter in relationship to hair length and define inside and outside movement of hair; (e) To explain the purpose of stem roller placement; (f) To understand and identify the facial and head features in creating an illusion of an oval facial shape; (g) To characterize the common profiles in relation to styling a client's hair; (h) To understand other distinctive physical characteristics in determining the hair style; (i) To describe the various techniques used to silk (press) the hair with pressing combs and to produce thermal curls; (j) To describe the history of and kinds of thermal implements and supplies used today; and (k) To understand the variety of hairpieces and their uses. (3) Performance Objectives: (a) To part off styling sections of the head; (b) To set and comb alternating rows of horizontal and vertical finger waves; (c) To set and comb sculpture (pin) curls in varied movements in various sections of the head; (d) To set and comb roller curls in different patterns in various sections of the head; (e) To silk (press) the hair using a soft, medium and hard press; (f) To curl hair with thermal irons using varied techniques and implements; and (g) To clean, condition, shape, color and style various types of wigs and hairpieces. (4) Sets, styles, wigs, hairpieces, thermal-work shall be credited individually to services required. Rulemaking Authority 477.016, 477.019(2)(c)2. FS. Law Implemented 477.023 FS. History–New 11-2-80, Formerly 21F-22.10, 21F-22.010, Amended 11-24-20. 61G5-22.011 Hair Coloring. (1) Objective: To change the client’s hair color through the the use of semi-permanent, permanent, and lightening products following proper steps to safeguard the client in giving the desired service. (2) Learning Objectives: (a) To discriminate between primary, secondary, tertiary and competing colors; (b) To understand the nature of light in relation to color services; (c) To define the hair coloring terms and chemicals to be used; (d) To describe the chemical effects on the hair; (e) To identify the seven stages of hair lightening; (f) To identify the toning colors; (g) To describe the special techniques and procedures used in achieving the color or lightening service for the client following acceptable safety precautions; (h) To understand the mixing of chemicals, their advantages and disadvantages; (i) To evenly apply a semi-permanent color using proper safety precautions; (j) To follow label directions using proper safety precautions in applying a permanent hair color to the client’s hair; (k) To use safety precautions and follow label directions in applying virgin bleach and a bleach retouch; and (l) To describe the steps in achieving special lightening effects. (3) Performance Objectives: (a) To select and apply semi-permanent colors; (b) To test hair for metallic salts; (c) To select and apply a virgin tint to lighten or darken hair; (d) To select and apply a tint retouch; (e) To select and apply a virgin bleach; (f) To select and apply a bleach retouch; (g) To streak, frame, frost, paint the hair using lightening techniques; and (h) To properly select and tint hair back to its original color, either lighter or darker. Rulemaking Authority 477.016, 477.019(2)(c)2. FS. Law Implemented 477.019(2)(c)2. FS. History–New 11-2-80, Formerly 21F-22.11, Amended 12-17-90, Formerly 21F-22.011, Amended 11-24-20. 61G5-22.012 Chemical Waving and Relaxing/Straightening. (1) Objective: To use professional chemicals and implements in waving and relaxing the hair to make it more manageable and durable for the client from one styling to another. (2) Learning Objectives: (a) To use safety precautions and follow manufacturer's directions in curling the hair with chemicals; (b) To describe the effects of chemical waving, the basic chemicals, the comparison of pH, the cost factors, the methods of giving thio, acid, and neutral waves; (c) To properly analyze hair prior to giving a chemical service; (d) To understand the physical and chemical effects on the hair; (e) To describe the difference between a base and no-base relaxer; and (f) To identify safety precautions and chemicals used in chemical relaxing and straightening services. (3) Performance Objectives: (a) To analyze the hair and select lotion/rods; (b) To section (block) and subsection the hair and wrap it on wave rods; (c) To process and neutralize chemical waves; (d) To subsection, wrap, process, and neutralize for both long and short hair styles; (e) To apply a base and no-base chemical relaxer to virgin hair; (f) To apply a base and no-base chemical relaxer for a retouch (retrace); and (g) To apply a semi-relaxer for a chemical blowout service. Rulemaking Authority 477.016, 477.019(2)(c)2. FS. Law Implemented 477.023 FS. History–New 11-2-80, Formerly 21F-22.12, 21F-22.012, Amended 11-24-20. 61G5-22.0125 Manicuring/Pedicuring/Nail Extension. (1) Objective: To use professional manicuring implements, supplies, procedures, in shaping and polishing the nails. (2) Learning Objectives: (a) To describe nail structures; (b) To describe nail irregularities; (c) To identify nail diseases; (d) To identify the basic types or artificial and sculptured nails and nail extensions and their uses; (e) To use safety precautions and sanitation methods in manicuring, pedicuring, and extending the nails; (f) To describe chemicals and products. (3) Performance Objectives: (a) To give a manicure; (b) To give a pedicure; (c) To give a massage of the hands and feet; (d) To extend nails. Rulemaking Authority 477.016, 477.019(2)(c)2. FS. Law Implemented 477.019(2)(c)2. FS. History–New 10-29-85, Formerly 21F-22.125, Amended 12-17-90, Formerly 21F-22.0125, Amended 11-24-20. 61G5-22.014 Optional Curricula. (1) The optional curricula is provided for those students who have completed certification for examination. This curricula is not mandatory for the certification examination. (2) Beauty Salon Management (a) Objective: To describe the basic principles needed to plan and operate a salon as a successful business. (b) Learning Objectives:

1. To describe considerations for a salon site and building;
2. To examine all factors involved in purchasing an existing salon;
3. To study lease terms and negotiations;
4. To describe the legal forms of ownership;
5. To become aware of salon insurance needs;
6. To understand factors involved in purchasing beauty salon equipment and supplies;
7. To identify considerations involved in determining salon operating policies and techniques for interviewing prospective employees;
8. To understand basic accounting principles and the basic costs involved in planning and operating a beauty salon. Rulemaking Authority 477.016 FS. Law Implemented 477.025(2) FS. History–New 11-2-80, Amended 5-12-81, 10-29-85, Formerly 21F-22.14, 21F-22.014. 61G5-22.015 Specialty Certification. (1)(a) A nail specialist student at a school specified in Section 477.0201, F.S., shall successfully complete the 180 hours of instruction specified in subsections 61G5-22.016(1) and (2), F.A.C. and designed to meet the learning objectives set forth in subsections 61G5-22.004(2), 61G5-22.005(2), and 61G5-22.0125(2), F.A.C. (b) The school shall issue the student a certificate of completion in the specialty area of manicuring/pedicuring/nail extensions upon the student’s completion of paragraph (1)(a), and achievement of a passing score of 75% or better on a comprehensive final examination administered and graded by the school. (2)(a) A facial specialist student at a school specified in Section 477.0201, F.S., shall successfully complete 220 hours of instruction specified in subsections 61G5-22.017(1) and (2), F.A.C. and designed to meet the learning objectives set forth in subsections 61G5-22.004(2), 61G5-22.005(2), and 61G5-22.006(2), F.A.C. (b) The school shall issue the student a certificate of completion in the specialty area of facials upon the student’s completion of paragraph (2)(a) and achievement of a passing score of 75% or better on a comprehensive final examination administered and graded by the school. Rulemaking Authority 477.016 FS. Law Implemented 477.0201 FS. History–New 10-29-85, Formerly 21F-22.15, Amended 10-18-87, 4-24-88, 7-25-88, Formerly 21F-22.015, Amended 1-24-94, 12-21-20. 61G5-22.016 Minimum Curriculum for Nail Specialty Training. (1) At a minimum, the curriculum of schools and programs specified in Section 477.0201, F.S., shall include the following hours of instruction in the indicated topics and services: TOPIC (90 Hours) HOURS REQUIRED

(a) Florida Cosmetology laws and rules 4

(b) Sanitation 8

(c) Ethics 2

(d) Nail Theory, Practice, and Related Subjects including nail disorders and diseases including but not limited to HIV/AIDS 76

(2) The curriculum shall also include instruction in and the performance of the following specified services as indicated: TYPE OF SERVICE (90 Hours) HOURS REQUIRED

(a) Manicures 15

(b) Pedicures 10

(c) Tips with Overlay 15

(d) Sculpting Using A Form 10

(e) Nail Wraps and/or Mending 10

(f) Nail Fill-Ins 10

(g) Artificial Nail Removal 5

(h) Polishing and Nail Art 10

Gel Nails 5

Rulemaking Authority 477.016 FS. Law Implemented 477.0201 FS. History–New 1-24-94, Amended 9-12-94, 12-21-20. 61G5-22.017 Minimum Curriculum for Facial Specialty Training. (1) At a minimum, the curriculum of schools and programs specified in Section 477.0201, F.S., shall include the following hours of instruction in the indicated theory items: TOPIC (149 Hours) HOURS REQUIRED

(a) Florida Laws and Rules 4

(b) Sanitation 10

(c) Ethics 2

(d) Basics of Electricity 2

(e) Facial Techniques and Contraindications 50

(f) Product Chemistry 8

(g) Hair Removal 5

(h) Makeup 1

(i) Skin Theory, Disease including but not limited to HIV/AIDS, and Disorders of the Skin 67

(2) The curriculum shall also include instruction in and the performance of the following specified services, as indicated: TYPE OF SERVICE (71 Hours) HOURS REQUIRED

(a) Facials, manual and mechanical, including masks, packs or treatments which must be performed on a variety of skin types, including normal, oily, dry, combination, problem and mature 30

(b) Set up, use, and maintenance of electrical devices 1

(c) Hair removal, including tweezing, waxing, threading, and sugaring 10

(d) Makeup application for both daytime and nighttime looks 10

(e) Lash and brow tinting 2

(f) Eyelash application, individual lashes, and semi-permanent lashes 12

(g) Manual extractions 6

(3) Definition of Services: Services shall be a facial client, a client consultation/skin analysis; exfoliation, either manual, mechanical, or chemical; cleansing, toning; manipulations; and packs, masks, or other treatments as needed. Rulemaking Authority 477.016 FS. Law Implemented 477.0201 FS. History–New 3-26-12, Amended 12-21-20.

Chapter 61G5-24 FEE SCHEDULE

Fla. Admin. Code R. 61G5-24 FEE SCHEDULE

CHAPTER 61G5-24 FEE SCHEDULE 61G5-24.001 Collection and Payment of Fees (Repealed) 61G5-24.002 Original Cosmetologist Licensure Fee, Cosmetologist Examination and Endorsement Fees, Initial Specialist Registration; Application and Endorsement Fees 61G5-24.005 Salon License Fee 61G5-24.006 Cosmetologist Reexamination Fee 61G5-24.007 Duplicate License Fee (Repealed) 61G5-24.008 Biennial Renewal Fee for Cosmetologists and Specialists 61G5-24.009 Biennial Renewal Fee and Delinquent Fee for Salon License 61G5-24.010 Delinquent License and Specialty Registration Fee 61G5-24.011 Processing Fee; Change of Status 61G5-24.016 Reactivation Fee for Cosmetologists and Specialists 61G5-24.017 Inactive Status License and Specialty Registration Fees 61G5-24.018 Examination Review Fee (Repealed) 61G5-24.019 Hair Braiding, Hair Wrapping and Body Wrapping Fees (Repealed) 61G5-24.020 Special Assessment Fee (Repealed) 61G5-24.001 Collection and Payment of Fees. Rulemaking Authority 477.016, 477.026 FS. Law Implemented 477.026 FS. History–New 11-2-80, Formerly 21F-24.01, 21F-24.001, Repealed 9-3-12. 61G5-24.002 Original Cosmetologist Licensure Fee, Cosmetologist Examination and Endorsement Fees, Initial Specialist Registration; Application and Endorsement Fees. (1) The following fees are adopted by the Board: (a) The fee for original licensure as a cosmetologist shall be forty dollars ($40.00) and shall be paid by all applicants for licensure. (b) The examination fee for licensure as a cosmetologist by examination shall be fifty dollars ($50.00). When the examination is not conducted by a professional testing service pursuant to Section 455.2171, F.S., the entire examination fee shall be payable to the Department. When the examination is conducted by a professional testing service pursuant to Section 455.2171, F.S., forty-nine dollars and fifty cents ($49.50) shall be payable to the professional testing service. (c) The application fee for licensure as a cosmetologist by endorsement shall be fifty dollars ($50.00). (d) The fee for initial registration as a specialist shall be forty dollars ($40.00), and shall be paid by all applicants for registration. (e) The application fee for registration as a specialist shall be thirty dollars ($30.00). (f) The fee for registration as a specialist by endorsement shall be twenty-four dollars ($24.00). (2) Applicants for licensure as a cosmetologist by examination shall pay both the original licensure fee and that part of the examination fee which is payable to the Department at the time of their application. Any part of the examination fee which is payable to a professional testing service shall be paid to that service upon notification by the Department that the applicant’s application for licensure by examination has been approved. Applicants for licensure as a cosmetologist by endorsement shall pay both the original licensure fee and the application fee at the time of their application. Applicants for registration as a specialist shall pay both the initial registration fee and the application fee at the time of their application. Applicants for registration as a specialist by endorsement shall pay both the initial registration fee and the fee for registration as a specialist by endorsement at the time of their application. Rulemaking Authority 455.213, 477.016, 477.026 FS. Law Implemented 455.2171, 455.213, 477.026 FS. History–New 11-2-80, Amended 5-18-82, 10-1-85, Formerly 21F-24.02, Amended 9-6-87, Formerly 21F-24.002, Amended 4-13-99, 3-29-04, 5-8-07, 5-13-10, 3-17-15, 8-24-16, 10-19-22. 61G5-24.005 Salon License Fee. The salon license fee shall be forty dollars ($40.00). In addition, a non-refundable application fee of fifty dollars ($50.00) shall be submitted with the salon license application. Rulemaking Authority 477.016, 477.026 FS. Law Implemented 477.026(1)(c) FS. History–New 11-2-80, Amended 5-3-82, 10-1-85, Formerly 21F-24.05, 21F-24.005, Amended 12-27-95, 5-8-07, 3-17-15. 61G5-24.006 Cosmetologist Reexamination Fee. When the examination for licensure as a cosmetologist is not conducted by a professional testing service pursuant to Section 455.2171, F.S., the reexamination fee shall be fifty dollars ($50.00), and shall be payable to the Department. When the examination for licensure as a cosmetologist is conducted by a professional testing service pursuant to Section 455.2171, F.S., the reexamination fee shall be twenty-four dollars and seventy-five cents ($24.75) per part of the licensure examination to be retaken by the applicant, which shall be payable to the professional testing service. Rulemaking Authority 477.016, 477.026, 455.217(2) FS. Law Implemented 455.2171, 477.026(1)(b), 455.217(2) FS. History–New 11-2-80, Amended 6-20-83, 10-1-85, Formerly 21F-24.06, Amended 9-6-87, 1-10-90, Formerly 21F-24.006, Amended 4-13-99, 9-5-04, 8-22-16, 10-19-22. 61G5-24.007 Duplicate License Fee. Rulemaking Authority 455.219(1), 477.016 FS. Law Implemented 455.219(6) FS. History–New 11-2-80, Formerly 21F-24.07, Amended 12-17-90, Formerly 21F-24.007, Amended 1-4-98, Repealed 1-30-20. 61G5-24.008 Biennial Renewal Fee for Cosmetologists and Specialists. The fee for biennial renewal of a cosmetologist’s license shall be forty dollars ($40.00). The fee for biennial renewal of a specialist’s registration shall be forty dollars ($40.00). Rulemaking Authority 477.016, 477.026 FS. Law Implemented 477.026(1)(a), (e) FS. History–New 11-2-80, Amended 6-3-82, 10-1-85, Formerly 21F-24.08, Amended 10-18-87, 1-10-90, Formerly 21F-24.008, Amended 8-26-96, 5-8-07, 5-13-10, 3-17-15. 61G5-24.009 Biennial Renewal Fee and Delinquent Fee for Salon License. (1) The fee for a biennial renewal of a salon license shall be forty dollars ($40.00). (2) A salon license which is renewed within twenty-four months of the expiration of the license shall be renewed upon payment of a delinquent fee of twenty-five dollars ($25.00) (in addition to the biennial renewal fee). Rulemaking Authority 477.016, 477.026, 455.271(7) FS. Law Implemented 477.026(1)(d), 455.271(7) FS. History–New 11-2-80, Amended 5-3-82, 10-1-85, Formerly 21F-24.09, 21F-24.009, Amended 10-1-97, 3-17-15, 11-6-17. 61G5-24.010 Delinquent License and Specialty Registration Fee. A licensee who is delinquent in applying for renewal shall pay a delinquent fee of twenty-five dollars ($25.00). A registrant who is delinquent in applying for renewal shall pay a delinquent fee of twenty-five dollars ($25.00). Such fee shall be in addition to the renewal. Rulemaking Authority 455.271(7), 477.016, 477.026(1) FS. Law Implemented 455.271(7), 477.026(1) FS. History–New 9-12-94, Amended 12-27-95, 8-26-96, 11-11-96, 5-8-07, 5-13-10, 11-13-17. 61G5-24.011 Processing Fee; Change of Status. A licensee or registrant who is applying for a change in licensure or registration at any time other than during the licensure or registration renewal period, shall pay a processing fee of five dollars ($5.00). Rulemaking Authority 477.016 FS. Law Implemented 455.271(8) FS. History–New 9-12-94. 61G5-24.016 Reactivation Fee for Cosmetologists and Specialists. The fee for reactivation of an inactive license or specialty registration shall be fifty dollars ($50.00). Such fee shall be in addition to the biennial renewal fee prescribed in Rule 61G5-24.008, F.A.C. Rulemaking Authority 477.0212(2) FS. Law Implemented 477.0212(2) FS. History–New 3-29-84, Formerly 21F-24.16, Amended 10-18-87, 1-10-90, Formerly 21F-24.016. 61G5-24.017 Inactive Status License and Specialty Registration Fees. (1) The fee for renewal of an inactive license shall be forty dollars ($40.00). (2) The fee for renewal of an inactive registration shall be forty dollars ($40.00). Rulemaking Authority 477.016, 477.0212(2) FS. Law Implemented 477.0212(2), 477.026, 455.271(3) FS. History–New 3-29-84, Formerly 21F-24.17, Amended 10-18-87, Formerly 21F-24.017, Amended 9-12-94, 8-27-98, 5-8-07, 2-4-16. 61G5-24.018 Examination Review Fee. Rulemaking Authority 455.217(2) FS. Law Implemented 455.217 FS. History–New 1-10-90, Formerly 21F-24.018, Repealed 9-3-12. 61G5-24.019 Hair Braiding, Hair Wrapping and Body Wrapping Fees. Rulemaking Authority 455.271(3), (4), (7), (8), 477.016, 477.026(1)(f), 477.0132 FS. Law Implemented 455.271(3), (4), (7), (8), 477.026(1)(f), 477.0132 FS. History–New 2-1-95, Amended 11-9-98, 12-20-99, 3-17-15, 12-24-17, Repealed 11-22-20. 61G5-24.020 Special Assessment Fee. Rulemaking Authority 455.219(2), 477.016, 477.019(5), 477.0201(4) FS. Law Implemented 455.219(2) FS. History–New 9-16-99, Amended 7-16-06, Repealed 8-8-16.

Chapter 61G5-25 LICENSURE STATUS AND NOTICE OF ADDRESS CHANGE

Fla. Admin. Code R. 61G5-25 LICENSURE STATUS AND NOTICE OF ADDRESS CHANGE

CHAPTER 61G5-25 LICENSURE STATUS AND NOTICE OF ADDRESS CHANGE 61G5-25.001 Active Status 61G5-25.002 Inactive Status; Reactivation 61G5-25.003 Delinquent Status (Repealed) 61G5-25.004 Null and Void Status 61G5-25.005 Notice to the Department of Mailing Address and Place of Practice of Licensee 61G5-25.001 Active Status. (1) The department shall renew an active cosmetology license or specialty registration upon timely receipt of the completed application for status, the biennial renewal fee, and certification that the licensee or registrant has demonstrated participation in the continuing education required by Rule 61G5-32.001, F.A.C. (2) The term “completed application” for purposes of active status or inactive status shall mean either a completed renewal notice or a written request from the licensee or registrant accompanied by a statement affirming compliance with the applicable requirements for renewal. Rulemaking Authority 477.016 FS. Law Implemented 455.271, 477.0212 FS. History–New 2-1-95, Amended 7-2-00. 61G5-25.002 Inactive Status; Reactivation. (1) Any licensee or registrant may elect at the time of license renewal to place the license or registration into inactive status by filing with the Board a completed application for inactive status as defined by subsection 61G5-25.001(2), F.A.C., and by paying the inactive status fee. (2) An inactive status licensee or registrant may change to active status at any time provided the licensee or registrant meets the continuing education requirements of Rule 61G5-32.001, F.A.C., pays the reactivation fee, and if the request to change licensure status is made at any time other than at the beginning of a licensure cycle, pays the additional processing fee. However, a licensee or registrant whose license or registration has been in inactive status for more than two consecutive biennial licensure cycles shall be required to submit a statement affirming that the licensee or registrant has read within the last thirty (30) days and is familiar with the laws and rules for the practice of cosmetology in the State of Florida before the license or registration can be placed into active status. (3) Any inactive licensee or registrant who elects active status is not eligible to elect to return to inactive status until the next licensure renewal period. (4) A cosmetologist or specialist may not work with an inactive or delinquent license or registration. Rulemaking Authority 477.016, 477.012 FS. Law Implemented 477.0212, 455.271 FS. History–New 2-1-95, Amended 4-5-95, 7-2-00. 61G5-25.003 Delinquent Status. Rulemaking Authority 477.016 FS. Law Implemented 455.271, 477.0212 FS. History–New 2-1-95, Amended 4-5-95, 7-2-00, Repealed 9-3-12. 61G5-25.004 Null and Void Status. The Null and Void status licensee who applies for active or inactive status shall apply to the Department by submitting Form DBPR COSMO 7 Application for License/Registration from Null and Void (Expired License/Registration), incorporated by Rule 61-35.011, F.A.C. Rulemaking Authority 455.271(6)(a), 477.016(1) FS. Law Implemented 455.271(6)(a), 477.019, 477.0201 FS. History–New 2-11-20. 61G5-25.005 Notice to the Department of Mailing Address and Place of Practice of Licensee. (1) It shall be the duty of each licensee or registrant to provide written notification to the Department of the licensee’s or registrant’s current mailing address and place of practice. For purposes of this rule, “place of practice” means the address of the physical location where the licensee or registrant practices cosmetology or a specialty. (2) Any time that the current mailing address or place of practice of any licensee or registrant changes, written notification of the change shall be provided to the Department within ninety (90) days of the change. Written notice shall be sent to the following address: Florida Board of Cosmetology, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0790. (3) It shall be a violation of this rule for a licensee or registrant to fail to advise the Department within ninety (90) days of a change of mailing address. It shall not be a violation of this rule to fail to advise the Department of a change of one’s place of practice within ninety (90) days. Rulemaking Authority 477.016, 455.275 FS. Law Implemented 455.275 FS. History–New 2-1-95.

Chapter 61G5-29 SPECIALTY LICENSING

Fla. Admin. Code R. 61G5-29 SPECIALTY LICENSING

CHAPTER 61G5-29 SPECIALTY LICENSING 61G5-29.001 Definitions 61G5-29.002 Specialty Registration (Repealed) 61G5-29.003 Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) Training for Initial Registration (Repealed) 61G5-29.004 Supervised Specialty Practice Exception 61G5-29.011 Endorsement of Specialty Registration 61G5-29.012 Who May Apply (Repealed) 61G5-29.013 Registration Renewal Procedures 61G5-29.001 Definitions. (1) “Specialty Registration” means a registration to practice one or more of the following specialties: manicuring/pedicuring/ nail extension, facials (skin care and hair removal). (2) “Certificate of Completion” means a certificate confirming successful completion of an educational or training program from one of the following: (a) A school licensed pursuant to Chapter 1005, F.S., or the equivalent licensing authority of another state. (b) A specialty program within the public school system. (c) A specialty division within the Cosmetology Division of the Florida School for the Deaf and the Blind, provided the training programs comply with minimum curriculum requirements established by the board. (3) “Facials” means: (a) The massaging or treating of the face, neck or scalp as defined in Section 477.013(6)(c), F.S., with or without the use of mechanical devices using oils, creams, lotions or other cosmetic products which are used to cleanse and condition the skin, to prevent or correct problems or conditions of the face, neck, and scalp and to color and beautify the face, neck and scalp or enhance their features; (b) Skin care services for the body as defined in Section 477.013(13), F.S.; and, Facials shall be performed only by individuals licensed pursuant to Sections 477.019 and 477.0201, F.S., and performed in schools licensed pursuant to Chapter 1005, F.S., or salons licensed pursuant to Section 477.025, F.S.; and, (c) Facial and skin care services consistent with those permitted to be performed by cosmetologists and full and facial specialists by Chapter 477, F.S., and the rules adopted by the board, and as further defined and set forth with specificity in Rule 61G5-18.00015, F.A.C. (4) “Cosmetic Demonstration” means the application or removal of cosmetic products for the purposes of demonstration of the cosmetic products as part of a sales or promotion program rendered without compensation for the service from the individual or individuals who are the recipients or audience of the demonstration. (5) “Cosmetic products” means any external preparation which is intended to cleanse, tone, color or beautify the face or neck, including but not limited to skin cleansers, astringents, skin fresheners, lipstick, eyeliner, eye shadow, foundation, rouge or cheek color, mascara, face powder or corrective stick. (6) “Simple Adhesive” as used in Section 477.013(6)(a), F.S., means a substance by which artificial nails (such as “press on nails”) can be attached to and then easily detached from a patron with slight pressure only, without the application of any nail primer or solvents of any kind, and without removing the natural oils from or roughing of such patron’s nails. Rulemaking Authority 477.016 FS. Law Implemented 477.013, 477.0135, 477.0201 FS. History–New 11-7-85, Amended 1-5-86, 6-18-86, 10-26-87, 1-10-90, 8-20-90, 5-11-92, Formerly 21F-29.001, Amended 9-15-98, 4-2-00, 6-5-12, 1-10-22, 3-28-23. 61G5-29.002 Specialty Registration. Rulemaking Authority 477.016 FS. Law Implemented 477.0201 FS. History–New 11-7-85, Amended 3-29-87, 10-26-87, Formerly 21F-29.002, Repealed 9-3-12. 61G5-29.003 Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV/AIDS) Training for Initial Registration. Rulemaking Authority 455.2228(5), 477.016 FS. Law Implemented 455.2228 FS. History–New 11-25-98, Repealed 9-3-12. 61G5-29.004 Supervised Specialty Practice Exception. (1) Following the submission of a complete application for registration as a specialist which included proof of the successful completion of all educational requirements for the specialty applied for and the payment of all applicable application and registration fees, and pending the issuance by the Department of a registration as a specialist under Chapter 477, F.S., an applicant for registration as a specialist shall be eligible to perform specialty services in the specialty for which the applicant has applied for registration subject to the following conditions: (a) All specialty services to be performed by the applicant under this exception shall be performed under the supervision of a registered specialist. “Under the supervision of a registered specialist” shall mean that an individual who then holds a current, active Florida registration as a specialist in the same specialty for which the applicant has applied, or an individual who then holds a current, active Florida license as a cosmetologist shall be physically present at all times when the applicant is performing specialty services. (b) All specialty services performed by the applicant under this exception shall be performed in a licensed cosmetology or specialty salon. All times during which the applicant is performing specialty services in the salon, the license for the cosmetology or specialty salon shall be in a current and active status. (2) Prior to beginning the performance of specialty services under this exception, all applicants shall provide to the cosmetology or specialty salon license holder or his or her representative a copy of the completed application for registration as a specialist submitted to the Department by the applicant including a copy of the Certificate of Completion provided to the applicant by the applicant’s training program. (3) Upon being notified by the Department that his or her application is incomplete, or that he or she has been determined to be not qualified for registration as a specialist, an applicant shall immediately inform the cosmetology or specialty salon license holder or his or her representative of the notification; and shall immediately cease performing specialty services under this exception until the applicant shall have corrected any deficiencies in their earlier application as noted by the Department, or shall have submitted a new application which demonstrates that the applicant is qualified for registration as a specialist, and shall have paid all applicable application and registration fees. Rulemaking Authority 477.016, 477.0201(6) FS. Law Implemented 477.0201(6) FS. History–New 11-25-98, Amended 1-23-23. 61G5-29.011 Endorsement of Specialty Registration. The Department of Business and Professional Regulation shall issue a registration to a person who: (1) Makes application, including submission of evidence of successful completion of an educational or training program and pays to the Department the fee specified in Rule 61G5-24.002, F.A.C.; (2) Is currently registered or licensed to practice and is currently practicing one of the specialties as defined in Sections 477.013(6) and (7), F.S., under the law of another state; (3) Demonstrates that the other state’s qualifications and requirements are comparable to or more stringent than those required by Florida Law (Chapter 477, F.S.) and Rule 61G5-22.015, F.A.C. Rulemaking Authority 477.016 FS. Law Implemented 477.0201 FS. History–New 11-7-85, Amended 10-26-87, Formerly 21F-29.011, 3-28-23. 61G5-29.012 Who May Apply. Rulemaking Authority 477.016 FS. Law Implemented 477.0201 FS. History–New 10-26-87, Amended 1-10-90, Formerly 21F-29.012, Repealed 9-3-12. 61G5-29.013 Registration Renewal Procedures. (1) All specialty registrations shall be valid for a period of two years or until the end of the biennial licensure renewal cycle in which they are first issued, whichever occurs first. The biennial licensure renewal cycle for all specialty registrations shall coincide with the biennial licensure renewal cycle used for the renewal of cosmetology licenses. (2) At the time of registration renewal, all specialty registrants shall pay all applicable renewal fees and charges as provided in Chapter 61G5-24, F.A.C. Prior to the expiration of their specialty registration, all specialty registrants shall complete all continuing education requirements as set forth in Rule 61G5-32.001, F.A.C., including a Board approved HIV/AIDS training course as provided in Section 455.2228, F.S. All HIV/AIDS training courses shall comply with the requirements as set forth in Rule 61G5-18.011, F.A.C. (3) Spouses of members of the Armed Forces of the United States are exempted from all registration renewal provisions, but only in cases of absence from the state because of their spouses’ duties with the Armed Forces. Rulemaking Authority 455.2228(5), 477.016, 477.0201(4), 477.019(7) FS. Law Implemented 455.02, 455.2228, 477.0201(4), 477.019(7) FS. History–New 11-25-98, Technical Change 2-10-26.

Chapter 61G5-30 DISCIPLINARY GUIDELINES

Fla. Admin. Code R. 61G5-30 DISCIPLINARY GUIDELINES

CHAPTER 61G5-30 DISCIPLINARY GUIDELINES 61G5-30.001 Disciplinary Guidelines 61G5-30.004 Citations 61G5-30.005 Mediation 61G5-30.006 Notice of Non Compliance 61G5-30.001 Disciplinary Guidelines. (1) The Board shall act in accordance with the following guidelines when it finds the enumerated violations in disciplinary cases. The Board shall impose a penalty within the range of each applicable disciplinary violation set forth below unless the Board finds one or more aggravating or mitigating circumstances, in which case the Board may deviate from the guideline penalty. A penalty shall be imposed for each separate violation and/or offense. The penalty range indicated is for a single offense. A second or subsequent offense refers to a violation in which prior action has been taken by the Department either in the form of a citation, as set forth in Section 455.224, F.S., and Rule 61G5-30.004, F.A.C., or as prior discipline before the Board. Refer to the statutory and rule citations for a full description of each violation. (2) VIOLATION PENALTY RANGE For first and subsequent offenses unless otherwise indicated.

(a) A person without an active license or registration who engages in the practice of, or holds oneself out to practice, cosmetology or a specialty. (Section 477.0265(1)(a) or 477.029(1)(a), F.S.)

1. For a person who was never licensed or otherwise authorized to practice, or whose license or registration has been revoked, a fine of $500.

2. For a licensee or registrant who fails to properly renew and continues to provide services, a fine of $100 for every month or partial month during which the individual was delinquent, unlicensed, or unregistered, up to a maximum of $500. A second delinquent offense shall include suspension for 60 days upon renewal, and a third offense shall include suspension for 90 days upon renewal, revocation, or denial of license.

3. For a person who provides services with a suspended license or registration, a fine of $500. A second offense shall include a consecutive suspension for up to 90 days. A third offense shall include a consecutive suspension for up to one year and/or revocation.

(b) Operating an unlicensed salon or a salon otherwise not duly licensed; salon operating without a license. (Section 477.0265(1)(b)1., 477.029(1)(b), or 477.025(1), F.S.)

1. For a salon that has never been licensed, or for which the salon license has been suspended or revoked, a fine of $500.

2. For a salon in which the license which has become delinquent, a fine of $100 for every month or partial month of delinquency during which the salon has operated, up to a maximum of $500.

3. For a salon operating on a suspended license, a fine of $500 and/or a consecutive suspension for up to 60 days. A second or subsequent violation shall include suspension for up to one year or revocation.

4. For a salon operating on a revoked license: A fine of $500 and/or refusal to certify to the department an application for licensure.

(c) A licensed salon or a person operating a salon that permits a person without a license or registration, unless exempt, to perform cosmetology or specialty services in the salon. (Section 477.0265(1)(b)2., F.S., or Rule 61G5-20.001, F.A.C.)

1. For a violation involving a person providing services who was never licensed or registered in Florida, or whose license or registration has been suspended or revoked, a fine of $500. The second and subsequent offenses shall include salon suspension for up to 60 days or revocation.

2. For a violation involving a person providing services who failed to properly renew or whose exemption has terminated, a fine of $100 for every month or partial month during which the violation took place, up to a maximum of $500.

(d) A salon that permits an employee without a valid, active license or registration to practice cosmetology or a specialty. (Section 477.0265(1)(c) or 477.029(1)(c), F.S.)

1. For employing a person who was never licensed or registered in Florida, whose license is suspended or revoked, or who is not exempt, a fine of $500. A second offense shall include suspension for up to 60 days. A third offense shall include suspension for up to one year or revocation.

2. For employing a person who failed to properly renew or whose exemption has terminated, a fine of $100 for every month or partial month during which the person was employed, up to a maximum of $500. A second offense shall include suspension for up to 60 days. A third offense shall include suspension for up to one year or revocation.

(e) A person or salon who obtains or attempts to obtain a license or registration for money, other than the required fee, or any other thing of value or by fraud, fraudulent misrepresentation, or the use of false or forged information. (Section 477.0265(1)(d), 477.028(1), 477.028(2), or 477.029(1)(e), F.S.) A fine of $500 and revocation of, or refusal to certify to the department an application for, a salon or cosmetology license or specialty registration.

(f) A person who uses or attempts to use a suspended or revoked cosmetology license or specialty registration to practice cosmetology or a specialty. (Section 477.0265(1)(e) or 477.029(1)(g), F.S.)

1. Suspended license: A fine of $500 and/or a consecutive suspension for up to one additional year of a cosmetology license or specialty registration, and/or revocation for a third or subsequent offense.

2. Revoked license: A fine of $500 and/or refusal to certify to the department an application for licensure to practice the same profession.

(g) A person who advertises or implies that skin care services are related to massage therapy, except as allowed by statute. (Section 477.0265(1)(f), F.S.) A fine of $250 for the first offense; a fine of $500 for subsequent offenses.

(h) Use or possess a product containing a liquid nail monomer containing any trace of methyl methacrylate (MMA). (Section 477.0265(1)(g), F.S.)

1. A fine of $500 for the first salon offense and reinspection of the premises within two weeks of the issuance of the Final Order. For a second salon offenses, a fine of $500 and suspension for up to 60 days with a reinspection of the premises prior to reinstatement of the license. For a third or subsequent salon offense, a fine of $500 and suspension for up to 90 days with a reinspection of the premises prior to reinstatement of the license, and/or revocation.

2. A fine of $500 for an individual offense.

(i) Violate or refuse to comply with an Order of the Board or the Department. (Section 477.029(1)(i), F.S.) A fine of $500 and compliance within 30 days or within a time set by the Board.

(j) A person or salon guilty of fraud, deceit, gross negligence, incompetency, or misconduct in the practice or instruction of cosmetology or a specialty, or in operation of the salon. (Section 477.028(1)(b) or 477.028(2)(b), F.S.)

1. For Fraud or Deceit – A fine of $500 and suspension for up to two years and/or revocation of the salon or cosmetology license or specialty registration, or refusal to certify to the department an application for licensure to practice the same profession.

2. For Gross Negligence – A fine of $500 and suspension followed by supervised probation as determined by the Board, or revocation of the salon or cosmetology license, or specialty registration, or refusal to certify to the department an application for licensure to practice the same profession.

3. For Incompetency or Misconduct – For the first offense, a fine of $250 to $500 for the holder of a cosmetology license or specialty registration, and/or the owner of the salon, and the Board shall specify up to 6 hours of continuing education in addition to any other continuing education requirement. For subsequent offenses, a fine of $500 and suspension or revocation and/or refusal to certify to the department an application for licensure to practice the same profession.

(k) A cosmetology or salon license or specialty registration holder is guilty of aiding, assisting, procuring, or advising any unlicensed person to practice as a cosmetologist. (Section 477.028(1)(c), F.S.) A fine of $500 for the first offense. A fine of $500 and/or suspension for up to one year or revocation of salon license, cosmetology license, or specialty registration for a subsequent offense.

(l) Person who presents the license of another as his or her own license. (Section 477.029(1)(d), F.S.) A fine of $500 and a reprimand for the first offense. A fine of $500 for subsequent offenses and/or suspension or revocation, or refusal to certify to the department an application for licensure.

(m) A person who impersonates any other licenseholder of like or different name. (Section 477.029(1)(f), F.S.) A fine of $500 and a six month suspension of any other license or registration held pursuant to Chapter 477, F.S., and/or refusal to certify to the department an application for licensure to practice the same profession.

(n) Failure to meet or maintain salon facility safety, sanitary, building code, or fire code requirements. (Paragraphs 61G5-20.002(2)(c), (d), F.A.C.) A fine of $100 to $500 and compliance within 60 days with reinspection; suspension of salon license upon failure to timely comply with facility requirements.

(o) Failure to meet minimum salon requirements for cleanliness, disinfection procedures, and log book. (Subsections 61G5-20.002(3), (6) F.A.C.) A fine of $100 per violation for up to three violations. A fine of $500 for four or more violations and suspension of the license pending successful reinspection prior to reinstatement of the license.

(p) Salon operated in the same licensed space allocation with any other business; lack of permanent wall separating salon. (Subsection 61G5-20.002(4), F.A.C.) Suspension of salon license until compliant as evidenced by successful reinspection prior to reinstatement of the license.

(q) Failure of a full or specialty salon to provide adequate floor space for services. (Subsection 61G5-20.002(5), F.A.C.) A fine of $100 for each individual noncompliant service area up to a maximum of $500 per inspection, with reinspection in two weeks; suspension until compliant after reinspection if not timely compliant.

(r) Person or salon violation of required display of licenses, inspection sheets, and/or consumer notices. (Rule 61G5-20.004, F.A.C.) A fine of $100 for each violation for the first offense; for subsequent offenses, a fine of $250 for each violation up to a maximum of $500.

(s) Practicing beyond the scope of a cosmetology license or specialty registration as set forth in Chapter 477, F.S. or the rules adopted thereto. (Section 455.227(1)(o), F.S.) A fine of $500 and/or suspension for up to six months for the first offense. For the second offense, a fine of $500 and/or suspension for up to one year. For a third or subsequent offense, a fine of $500 and suspension for one year and/or revocation of the license or registration under which the violation occurred.

(t) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession. (Section 455.227(1)(c), F.S.) A fine of $500 and/or revocation for the first or second offense. For a subsequent offense, a fine of $500 and/or suspension for up to six months of a salon or cosmetology license or specialist registration and/or revocation.

(u) Failing to report in writing to the board within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. (Section 455.227(1)(t), F.S.) A fine of $100 for the first offense. For a second failure to report, a fine of $300. A fine of $500 for each subsequent failure to report.

(v) Failing to report to the department any person who the licensee knows is in violation of the laws and rules of the department or the board. (Section 455.227(1)(i), F.S.) A fine of $500 for the first failure to report. For a second or subsequent failure to report, a fine of $500 and/or suspension of a salon, cosmetology, or specialist license or registration for up to six months.

(w) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. (Section 455.227(1)(r), F.S.) A fine of $500 and/or suspension for up to six months for the first or second offense. For subsequent offenses including up to revocation.

(x) Violate or refuse to comply with any provision of Chapter 455, F.S., except as otherwise provided herein. (Section 477.029(1)(i), F.S.) A fine of $500 and/or suspension, revocation, or refusal to certify to the department for licensure.

(y) Violate or refuse to comply with any provision of Chapter 477, F.S., or a rule of the Board except as otherwise provided herein. (Section 477.029(1)(i), F.S.) A fine of $300 for the first violation. A fine of $500 and/or suspension for up to 30 days for any subsequent violation. A fine of $500 and/or suspension or revocation of license or registration for a third or subsequent violation.

(3) Based upon consideration of the following factors, the Board may impose disciplinary action other than the penalties recommended above: (a) The danger to the public; (b) The length of time since date of violation; (c) The number of prior complaints filed against the licensee; (d) The length of time licensee or registrant has practiced; (e) The actual damage, physical or otherwise, caused by the violation; (f) The deterrent effect of the penalty imposed; (g) The effect of the penalty upon the licensee’s or registrant’s livelihood; (h) Any efforts for rehabilitation; (i) The actual knowledge of the licensee or registrant pertaining to the violation; (j) Attempts by licensee or registrant to correct or stop violations or refusal by licensee or registrant to correct or stop violations; (k) Related violations against a licensee or registrant in another state including findings of guilt or innocence, penalties imposed and penalties served; (l) Actual negligence of the licensee or registrant pertaining to any violations; (m) Penalties imposed for related offenses under subsection (2), above; (4) Penalties imposed by the Board pursuant to Rule 61G5-30.001, F.A.C., may be imposed in combination or individually but may not exceed the limitations enumerated below: (a) Issuance of a reprimand or censure. (b) Imposition of an administrative fine not to exceed $500 for each count or separate offense. (c) Placement on probation for a period of time and subject to such reasonable conditions as the Board may specify. (d) Revocation or suspension of any license or registration issued pursuant to Chapter 477, F.S. (e) Refusal to certify to the Department an applicant for licensure or registration. (5) The provisions of subsections (1) through (5), above, shall not be construed so as to prohibit civil action or criminal prosecution as provided for in Section 477.0265(2) or 477.031, F.S., and the provisions of subsections (1) through (5), above, shall not be construed so as to limit the ability of the Board to enter into binding stipulations with accused parties as per Section 120.57(3), F.S. (6) In every case the Board imposes a monetary fine and/or assesses costs, it shall also suspend the Respondent’s license(s). However, to enable the Respondent to pay the fine, the suspension shall be stayed for the time period specified in the Board’s final order in accordance with Rule 61G5-17.016, F.A.C. If the fine and costs are paid within that time period, the suspension shall not take effect; if the fine is not paid within that time period, then the stay shall expire and the suspension shall take effect. Thereafter, upon payment of the fine, the suspension shall be lifted. Rulemaking Authority 455.2273, 477.016 FS. Law Implemented 455.227, 455.2273, 477.013, 477.025, 477.0265, 477.028, 477.029 FS. History–New 10-20-86, Amended 10-18-87, 1-10-90, 1-30-92, 4-15-93, Formerly 21F-30.001, Amended 4-23-02, 5-29-06, 7-18-13, 11-22-20, 2-1-22, Technical Change 2-6-26. 61G5-30.004 Citations. (1) Definitions. As used in this rule; (a) “Citation” means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule; (b) “Subject” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule. (2) In lieu of the disciplinary procedures contained in Section 455.225, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation. (3) Citations shall be issued for the first offense violations only. (4) The Board hereby designates the following as citation violations, which shall result in a penalty of fifty dollars ($50.00): (a) Except as otherwise provided herein, any violation of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002, F.A.C. – however, if it is an initial offense and there are no other violations, then the subject shall be given a Notice of Noncompliance; (b) Practicing cosmetology or a specialty with an inactive or expired license for one month or part of a month; (c) Operating a salon with a delinquent license for one month or part of a month; (d) Employing a person to practice cosmetology or a specialty with an inactive or expired license for one month or part of a month. (e) Unless otherwise permitted in Chapter 477, F.S., performing cosmetology services in a salon which does not have a license in violation of Section 477.0263(1), F.S. (5) The Board hereby designates the following as citation violations, which shall result in a penalty of one hundred dollars ($100.00): (a) Transferring ownership or changing location of a salon without the approval of the Department pursuant to Rule 61G5-20.006, F.A.C., provided the transfer of ownership or change of location has not exceeded 90 days and the salon owner can provide proof that a completed application has been filed with the Department; (b) Practicing cosmetology or a specialty with an inactive or expired license for more than one month but not more than two months; (c) Operating a salon with a delinquent license for more than one month but not more than two months; (d) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than one month but not more than two months; (e) Two violations of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002, F.A.C. (6) The Board hereby designates the following as citation violations, which shall result in a penalty of one hundred and fifty dollars ($150.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than two months but not more than three months; (b) Operating a salon with a delinquent license for more than two months but not more than three months; (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than two months but not more than three months. (7) The Board hereby designates the following as citation violations, which shall result in a penalty of two hundred dollars ($200.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than three months but not more than four months; (b) Operating a salon with a delinquent license for more than three months but not more than four months; (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than three months but not more than four months; (8) The Board hereby designates the following as citation violations, which shall result in a penalty of two hundred and fifty dollars ($250.00): (a) Operating a salon without disinfecting solutions as required by paragraph 61G5-20.002(3)(d), F.A.C.; (b) Three violations of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002, F.A.C.; (c) Practicing cosmetology or a specialty with an inactive or expired license for more than four months but not more than five months; (d) Operating a salon with a delinquent license for more than four months but not more than five months; and (e) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than four months but not more than five months. (9) The Board hereby designates the following as citation violations, which shall result in a penalty of three hundred dollars ($300.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than five months but not more than six months; (b) Operating a salon with a delinquent license for more than five months but not more than six months; (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than five months but not more than six months; and (d) Four violations of the safety, sanitary, or other salon requirements specified in Rule 61G5-20.002, F.A.C. (10) The Board hereby designates the following as citation violations, which shall result in a penalty of three hundred and fifty dollars ($350.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than six months but not more than seven months; (b) Operating a salon with a delinquent license for more than six months but not more than seven months; and (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than six months but not more than seven months. (11) The Board hereby designates the following as citation violations, which shall result in a penalty of four hundred dollars ($400.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than seven months but not more than eight months; (b) Operating a salon with a delinquent license for more than seven months but not more than eight months; and (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than seven months but not more than eight months. (12) The Board hereby designates the following as citation violations, which shall result in a penalty of four hundred and fifty dollars ($450.00): (a) Practicing cosmetology or a specialty with an inactive or expired license for more than eight months but not more than nine months; (b) Operating a salon with a delinquent license for more than eight months but not more than nine months; and (c) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than eight months but not more than nine months. (13) The Board hereby designates the following as citation violations, which shall result in a penalty of five hundred dollars ($500.00): (a) Practicing cosmetology or a specialty without a license; (b) Operating a salon without a license; (c) Employing a person to practice cosmetology or a specialty without a license; (d) Practicing cosmetology or a specialty with an inactive or expired license for more than nine months but not more than twelve months; (e) Operating a salon with a delinquent license for more than nine months but not more than twelve months; and (f) Employing a person to practice cosmetology or a specialty with an inactive or expired license for more than nine months but not more than twelve months. Rulemaking Authority 455.224, 477.016 FS. Law Implemented 455.224 FS. History–New 11-17-91, Amended 4-15-93, Formerly 21F-30.004, Amended 8-8-95, 2-28-96, 10-1-97, 5-10-01, 3-29-04, 10-20-13. 61G5-30.005 Mediation. (1) “Mediation” means a process whereby a mediator appointed by the department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and nonadversarial process with the objective of assisting the parties to reach a mutually acceptable agreement. (2) The Board finds that mediation is an acceptable method of dispute resolution for the following violations as they are economic in nature or can be remedied by the licensee: (a) Failure of the licensee to timely pay any assessed administrative fines or costs; (b) Failure of the licensee to timely respond to a continuing education audit; (c) Failure to submit change of address for a salon; and (d) Failure to timely notify the department of the licensee’s or registrant’s change of mailing address or place of practice. (3) A “mediator” means a person who is certified in mediation by the Florida Bar, the Florida Supreme Court, or the Division of Administrative Hearings. Rulemaking Authority 455.2235(5), 477.016 FS. Law Implemented 455.2235 FS. History–New 12-27-94. 61G5-30.006 Notice of Non Compliance. (1) In accordance with Section 455.225(3), F.S., when a complaint is received, the agency may provide a licensee with a notice of non compliance for an initial offense of a minor violation. Failure of a licensee to take action in correcting the violation within 15 days after notice may result in the institution of regular disciplinary proceedings. “Minor violations” as used in Section 455.225(3), F.S., are defined as follows: (a) Violations of Rule 61G5-20.004, F.A.C. (b) Violations of subsection 61G5-18.011(1), F.A.C., in failing to maintain a copy of his or her certificate of course completion in instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. (c) Violations of paragraph 61G5-20.008(2)(a), F.A.C., in failing to retain copies of an employee’s high school diploma or G.E.D. equivalency certificate and cosmetology school diploma or certificate of completion. (d) An initial offense and no other violations of Rule 61G5-20.002, F.A.C. (2) In accordance with Section 120.695, F.S., the agency shall issue a notice of non compliance as first enforcement action against a licensee for a minor violation of a rule. Pursuant to Section 120.695(2)(b), F.S., the Board designates the following rules for which a violation would be a minor violation of a rule for which a notice of non compliance is issued: (a) Violations of Rule 61G5-20.004, F.A.C. (b) Violations of subsection 61G5-18.011(1), F.A.C., in failing to maintain a copy of his or her certificate of course completion in instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. (c) Violations of paragraph 61G5-20.008(2)(a), F.A.C., in failing to retain copies of an employees high school diploma or GED equivalency certificate and cosmetology school diploma or certificate of completion. (d) An initial offense and no other violations of Rule 61G5-20.002, F.A.C. Rulemaking Authority 120.695, 455.225(3), 477.016 FS. Law Implemented 120.695, 455.225(3) FS. History–New 1-1-96, Amended 10-1-97, 8-4-13.

Chapter 61G5-31 HAIR BRAIDING, HAIR WRAPPING AND BODY WRAPPING

Fla. Admin. Code R. 61G5-31 HAIR BRAIDING, HAIR WRAPPING AND BODY WRAPPING

CHAPTER 61G5-31 HAIR BRAIDING, HAIR WRAPPING AND BODY WRAPPING 61G5-31.0011 Definitions (Repealed) 61G5-31.002 Hair Braiding, Hair Wrapping, and Body Wrapping; Registration Requirements, Practice Outside of Licensed Salon (Repealed) 61G5-31.003 Hair Braiding, Hair Wrapping, and Body Wrapping Registration (Repealed) 61G5-31.004 Hair Braiding, Hair Wrapping and Body Wrapping Course Requirements, Source Reference Dates, Ability to Offer on the Internet or by Home Study (Repealed) 61G5-31.005 Hair Braiding, Hair Wrapping, and Body Wrapping Term of Registration, Registration Renewal (Repealed) 61G5-31.006 Practice of Hair Braiding, Hair Wrapping, and Body Wrapping Pending Approval of Registration (Repealed) 61G5-31.0011 Definitions. Rulemaking Authority 477.016 FS. Law Implemented 477.013(10) FS. History–New 5-13-10, Repealed 11-22-20. 61G5-31.002 Hair Braiding, Hair Wrapping, and Body Wrapping; Registration Requirements, Practice Outside of Licensed Salon. Rulemaking Authority 477.0132, 477.016 FS. Law Implemented 477.0132, 477.029 FS. History–New 2-1-95, Amended 11-25-98, 9-6-00, Repealed 9-3-12. 61G5-31.003 Hair Braiding, Hair Wrapping, and Body Wrapping Registration. Rulemaking Authority 477.0132, 477.016, 477.026(1)(f) FS. Law Implemented 477.0132, 477.026(1)(f), 477.029 FS. History–New 2-1-95, Amended 11-25-98, 9-6-00, Repealed 9-3-12. 61G5-31.004 Hair Braiding, Hair Wrapping and Body Wrapping Course Requirements, Source Reference Dates, Ability to Offer on the Internet or by Home Study. Rulemaking Authority 477.0132, 477.016 FS. Law Implemented 477.0132 FS. History–New 2-1-95, Amended 4-8-96, 11-25-98, 12-20-99, 7-22-13, Repealed 11-22-20. 61G5-31.005 Hair Braiding, Hair Wrapping, and Body Wrapping Term of Registration, Registration Renewal. Rulemaking Authority 455.203(1), 455.2228, 477.016 FS. Law Implemented 455.203(1), 455.2228, 477.029 FS. History–New 11-25-98, Amended 9-6-00, Repealed 11-22-20. 61G5-31.006 Practice of Hair Braiding, Hair Wrapping, and Body Wrapping Pending Approval of Registration. Rulemaking Authority 477.0132, 477.016 FS. Law Implemented 477.0132, 477.029 FS. History–New 11-25-98, Amended 9-6-00, Repealed 11-22-20.

Chapter 61G5-32 CONTINUING EDUCATION

Fla. Admin. Code R. 61G5-32 CONTINUING EDUCATION

CHAPTER 61G5-32 CONTINUING EDUCATION 61G5-32.001 Continuing Education 61G5-32.001 Continuing Education. (1) Prior to the expiration of each biennial licensure period, and as a condition for renewal of their cosmetology license or specialty registration, all licensed cosmetologists and registered specialists shall complete a minimum of ten (10) hours of continuing education which shall include, at a minimum, all of the following subjects as they relate to the practice of cosmetology: (a) A minimum of one (1) hour of instruction regarding HIV/AIDS and other communicable diseases which shall consist of:

1. Education on the modes of transmission, infection control procedures, clinical management, and prevention of HIV and AIDS; and
2. Discussion of attitudes towards HIV and AIDS as well as appropriate behavior in dealing with persons who may have the virus or syndrome. (b) A minimum of three (3) hours of instruction regarding sanitation and sterilization which shall consist of instruction regarding:
3. Standard cleaning and disinfecting precautions, including;
4. How to distinguish between disinfectants and antiseptics,
5. How to sanitize hands and disinfect tools used in the practice of cosmetology; and
6. Bacterial, viral, and fungal, bloodborne pathogens and parasites, and infection and infestation control. (c) A minimum of one-half (.5) hour of instruction regarding Occupational Safety and Health Administration regulations. (d) A minimum of one-half (.5) hour of instruction regarding issues of workers’ compensation as they pertain to Florida law. (e) A minimum of two (2) hours of instruction regarding state and federal laws and rules as they pertain to cosmetologists, cosmetology, salons, specialists, specialty salons, and booth renters; specifically including but not limited to Chapter 477, F.S., and the Rules of the Board. At a minimum this instruction shall include the following:
7. The laws and rules of the Board that protect the health, safety, and welfare of the consumer;
8. The laws and rules of the Board that determine where and when individuals may legally practice cosmetology and specialties;
9. The functions of the Board of Cosmetology, how its members are appointed, and their duties;
10. The laws and rules of the Board which specify prohibited conduct, and the penalties for failure to follow the laws and rules;
11. Salon requirements and inspections; and
12. The dates, fees, and requirements for renewal of cosmetology licenses, salon licenses, and specialty registrations. (f) A minimum of one (1) hour of instruction regarding chemical makeup as it pertains to hair, skin, and nails. (g) A minimum of one (1) hour of instruction regarding environmental issues. (h) A minimum of one (1) hour of continuing education to be composed of additional instruction in any of the subjects set forth above or such other subject or subjects as the licensee may choose provided that the subject or subjects chosen relate to the practice of cosmetology and serve to ensure the protection of the public; and, provided that the course in which such subjects are taught has been approved by the Board prior to its being taught for continuing education purposes, and provided the licensee or registrant has not previously taken the course during the current licensure period. (2) Home study courses, video courses, and courses which are given at cosmetology conferences may be counted toward the required hours of continuing education provided that, prior to their being taught, they have been approved by the Board as including instruction in subjects as set forth by this rule and as complying with all other requirements as set forth in this rule. (3) All continuing education home study courses shall include a written post-course examination which must be graded by the course provider. Post-course examinations may be open-book examinations. In order to receive continuing education credit for the course, licensees or registrants must achieve a 75% passing score on all post-course examinations. (4) All licensees and registrants who successfully complete a continuing education course shall be provided with a certificate of completion by the provider of the continuing education course which shall indicate the provider’s name and provider number, the course title and course number, the licensee’s or registrant’s name and license or registration number, the date the course was completed, and the total number of hours successfully completed in each subject covered by the continuing education course. All licensees and registrants shall retain the certificate of completion for all continuing education courses successfully completed by the licensee or registrant for a period of not less than three (3) years following the first license or registration renewal following the completion of the course. (5) Licensees holding two or more licenses subject to the HIV/AIDS education course requirement shall present all license numbers to the provider of such course. (6) PROVIDER APPROVAL AND REQUIREMENTS. (a) All providers of continuing education courses must be approved by the Board prior to offering continuing education courses. All individuals or organizations seeking to be approved as a continuing education provider shall submit to the Department, or if the Department shall contract with a private entity to administer the continuing education program then to such private entity, no later than 60 days prior to the next scheduled Board meeting at which the application is to be considered for approval. A complete application for continuing education provider status shall consist of the following items and information:
13. A completed application on a form prescribed by the department copies of which may be obtained from the Board office.
14. A fee of $250; and
15. A sample copy of the certificate of completion which the provider shall supply to all licensees or registrants who successfully complete courses given by the provider. The certificate of completion shall indicate on its face areas for the inclusion of the information as required by paragraph (6)(d) of this rule. (b) Upon approval by the Board of the individual or organization as a continuing education provider, a continuing education provider number will be assigned to the provider; and, shall be included in all future correspondence or submissions by the provider to the Board, the Department, or any private entity contracted with by the Department to administer the continuing education program. (c) Once the Department shall contract with a private entity to administer the continuing education program, then for each continuing education course taught, all continuing education providers shall submit to such private entity, a list of all attendees successfully completing the continuing education course within 21 days of the completion of the course. The list shall include the provider’s name and provider number, the course title and course number, the licensee’s or registrant’s name and license or registration number, the date the course was completed, and the total number of hours successfully completed in each subject covered during the continuing education course. For home study courses offered by a continuing education provider, the provider shall supply the name and license or registration number for each individual successfully completing the course within 21 days following the determination by the provider that the individual has successfully completed the home study course together with the provider’s name and provider number, the home study course title and course number, and the date the course was completed. All lists and information shall be provided to the private entity in such form as determined by private entity. (d) All continuing education providers shall provide a certificate of completion to all licensees and registrants who successfully complete a continuing education course which shall indicate on the certificate’s face the provider’s name and provider number, the course title and course number, the licensee’s or registrant’s name and license or registration number, the date the course was completed, and the total number of hours successfully completed in each subject covered by the continuing education course. (e) Continuing education providers shall electronically provide to the Department the list of attendees at each of its offered courses within 30 business days of the completion of the course. 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 sooner. For home study courses, the provider shall electronically supply the list of those individuals successfully completing the course by the 5th of the month following the calendar month in which the provider received documentation and was able to determine the successful completion of the course by the individual. This list shall include the provider’s name and provider number, the name and license or registration number of the attendee, the date the course was completed, and the course number. All documents from the provider shall be submitted electronically to the Department and must be in a form as agreed to by the Department with the provider. Failure to comply with the time and form requirements will result in disciplinary action taken against the provider and the course approval. Each continuing education provider shall maintain records of attendance or completion for all continuing education courses offered or taught by the provider for a period of not less than four years following the offering of each course or the receipt of documentation of completion of a home study course. Upon request, these records shall be made available for inspection by the Department or its agent, or the private entity contracted with by the Department to administer the continuing education program at such reasonable time and location as determined by the Department or its agent, or the private entity. The list of attendees submitted electronically to the Department shall not include the names of applicants taking the course for initial licensure pursuant to Rule 61G5-18.011, F.A.C. (f) If the Department contracts with a private entity to administer the continuing education program, all continuing education providers shall submit all required forms and information, and shall pay all required fees directly to the private entity. (g) Approval as a continuing education provider shall be valid through May 31 of odd numbered years for all providers. After the expiration of a continuing education provider’s approval, the provider shall not offer or teach any continuing education courses for credit toward the required hours of continuing education until the provider has renewed its approval as a continuing education provider. (h) Any substantive changes regarding the information contained in the provider’s application for approval, or previously submitted by the provider to the Department or to a private entity contracted with by the Department to administer the continuing education program, shall be filed with the Department, or if the Department shall contract with a private entity to administer the continuing education program then with such private entity, within 30 days of the change occurring. (i) At any time, the Board shall recommend to the Department to revoke its approval of a continuing education provider if it finds that such approval is sought or was received by fraud or misrepresentation by the provider, the provider has failed to adhere to the standards and other requirements as set forth in this rule or Section 455.2178, Florida Statutes, or that the provider has engaged in fraudulent behavior relating to the provision of continuing education. Before requesting that the Department revoke a provider’s continuing education approval, the Board shall give the provider notice and an opportunity to be heard. If the approval of a provider is revoked, the continuing education provider shall thereafter be barred from presenting any continuing education courses to licensees or registrants for credit unless the provider demonstrates to the Board that the provider has been sufficiently rehabilitated to be trusted to provide such courses to licensees or registrants in the future. Revocation of a continuing education provider’s approval shall also operate as a revocation of all previously approved continuing education courses for all future offerings by the provider. (j) For purposes of Section 455.2178, F.S., Chapter 477, F.S., and the rules adopted by the Board, the term “continuing education provider” shall mean any individual, organization, or other entity who offers or teaches: (1) courses for purposes of fulfilling the requirements of license renewal which has been submitted to and approved by the board for such purposes; or (2) an HIV/AIDS education course for purposes of fulfilling the requirements of initial licensure or license renewal which has been submitted to and approved by the Board for such purposes, or which has been approved for these purposes by rule of the Board. All continuing education providers shall comply with all provisions and requirements of this rule, and Section 455.2178 F.S., for the purpose of monitoring continuing education compliance. Failure to comply with such provisions and requirements by any continuing education provider shall be grounds for the suspension or revocation of the continuing education course approval. (7) COURSE APPROVAL AND REQUIREMENTS. (a) Except as noted below, all proposed continuing education courses, including those courses which are to be taught at cosmetology conferences, home study, and video courses, must be approved by the Board prior to their being offered or taught for continuing education credit; and, may only be offered or taught by the continuing education provider submitting the course for approval. (b) All continuing education courses shall comply with the requirements as set forth in this rule, including but not limited to those regarding the required subjects and topics to be included in the proposed course. (c) Continuing education providers seeking approval of a continuing education course shall submit a complete application for continuing education course approval to the Department, or if the Department shall contract with a private entity to administer the continuing education program then to such private entity, no later than 60 days prior to the next scheduled Board meeting at which the course is to be considered for approval. A complete application for continuing education course approval shall consist of the following:
16. A completed application on a form prescribed by the department, copies of which may be obtained from the Board office.
17. If the Department shall contract with a private entity to administer the continuing education program, a fee in the amount of $100;
18. A complete copy of the course as it will be provided to licensee which includes the subjects, topics, and subtopics to be presented in the course and a narrative summary of all areas to be covered in each subject, topic and subtopic, and a list of all reference and source materials including the publication date for each;
19. If the proposed continuing education course consists of a home study course, a copy of the written post-course examination which will be used to test licensees and registrants comprehension and understanding of the subjects, topics, and subtopics presented in the course;
20. Evidence of the method to be used by the attendees of the course for evaluation of the learning experience and instructional methods used in the course; and
21. Instructor resumes, if applicable, listing the instructor’s educational qualifications or evidence of appropriate skills or knowledge in the subject matter of the course. Instructors must possess sufficient skills and knowledge in the subject areas being taught. (d) Upon approval by the Board of a continuing education course, a continuing education course number will be assigned to the course; and, shall be included in all future correspondence or submissions by the continuing education provider to the Board, the Department, or any private entity contracted with by the Department to administer the continuing education program.
22. The continuing education course number and continuing education provider number shall be included in all advertisements, promotions, or other announcements concerning an approved course.
23. No course shall be advertised as an approved course until the course has been approved by the Board and received a course number.
24. A course shall not be offered or credit given for hours other than what was approved by the Board.
25. A course shall not be offered other than in the manner the Board initially approved the course material. (e) All continuing education home study courses shall include a written post-course examination which must be graded by the course provider. Post-course examinations may be open-book examinations. In order to receive continuing education credit for the course, licensees or registrants must achieve a 75% passing score on all post-course examinations, (f) All continuing education courses shall include a method to be used by the attendees of the course for evaluation of the learning experience and instructional methods used in the course. (g) Upon the successful completion of a continuing education course all licensees and registrants shall receive a certificate of completion for the course which shall indicate on its face all information as required by paragraph (6)(d) of this rule. One hour of credit will be awarded for each 50 minute classroom hour or for each 50 minutes of home study material. (h) Approval of a continuing education course shall be valid for a period of two years from the date of approval by the Board. After the expiration of a continuing education course approval, the course may not be offered or taught for credit toward the required hours of continuing education; and, must be again approved by the Board prior to its being offered or taught for continuing education credit. Applications for approval of a continuing education course shall be submitted to the Department, or if the Department shall contract with a private entity to administer the continuing education program then to such private entity; and, shall contain all of the items and information required for initial approval as a continuing education course as set forth in paragraph (7)(c) of this rule. (i) Any substantive changes regarding the information contained in the provider’s application for course approval, or previously submitted by the provider to the Department or to a private entity contracted with by the Department to administer the continuing education program, shall require that the course be resubmitted for approval in accordance with this rule. (j) At any time, the Board shall request the Department revoke the provider’s approval if it finds that such approval is sought or was received by fraud or misrepresentation by the provider, that the course which is being provided fails to cover the information required by statute or this rule or Rule 61-6.015, F.A.C., or otherwise fails to meet the requirements specified in this rule, that the course significantly varies from the course proposal that was approved by the Board, or that the course provider has engaged in fraudulent behavior related to the provision of the course. Before the Board recommends that the Department revoke a continuing education provider, the Board shall give the course provider notice and an opportunity to be heard. If the Board denies or the Department revokes the approval of a continuing education provider because of the course provider’s fraud or misrepresentation, then the continuing education provider shall thereafter be barred from presenting any continuing education courses to licensees or registrants for credit unless the provider demonstrates to the Board that the provider has been sufficiently rehabilitated to be trusted to provide such courses to licensees or registrants in the future. (k) A course which constitutes a sales presentation or promotion will not be approved for continuing education credit. Rulemaking Authority 455.2178, 455.2179, 455.2228, 477.016, 477.019(7) FS. Law Implemented 455.2178, 455.2179, 455.2228, 477.019(7) FS. History–New 3-25-99, Amended 2-28-00, 7-27-00, 7-29-01, 7-1-02, 12-6-06, 3-10-08, 3-2-10, 8-12-13, 2-6-20.

Division 61G7 Board of Employee Leasing Companies

Chapter 61G7-2 MEETINGS

Fla. Admin. Code R. 61G7-2 MEETINGS

CHAPTER 61G7-2 MEETINGS 61G7-2.001 Meetings; Workshops; Notice of Meetings and Workshops; Agendas (Repealed) 61G7-2.0011 Attendance of Meetings by Board Members 61G7-2.002 Probable Cause Panel 61G7-2.003 Probable Cause Panel Hearing Guidelines to Consider Investigator’s Reports (Repealed) 61G7-2.001 Meetings; Workshops; Notice of Meetings and Workshops; Agendas. Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 4-29-92, Formerly 21EE-2.001, Repealed 9-23-97. 61G7-2.0011 Attendance of Meetings by Board Members. Unexcused absences of a Board member are absences not due to the following situations: (1) Medical problems of a Board member or a Board member’s family including but not limited to illness, surgery, emergency care and/or hospitalization. (2) Death of a family member and/or attendance at the family member’s funeral. (3) Any conflict, extraordinary circumstance or event approved by the Chairman of the Board. Rulemaking Authority 455.207(3) FS. Law Implemented 455.207(3) FS. History–New 2-21-93, Formerly 21EE-2.0011. 61G7-2.002 Probable Cause Panel. (1) The chairman shall appoint two current or former members of the Board to serve on the probable cause panel (hereinafter referred to as the “panel”). The panel shall include at least one current member of the Board. Such appointment shall be for six months. The determination of probable cause shall be made by majority vote of the panel. In the event of a tie vote or if the panel cannot otherwise determine the existence of probable cause, the presiding member of the panel shall so advise the general counsel of the Department in writing. (2) Notwithstanding subsection (1), when the chairman is unable to appoint a probable cause panel, the board delegates to the department the authority to determine whether probable cause exists. Rulemaking Authority 455.225(4), 468.522 FS. Law Implemented 455.225(4) FS. History–New 4-29-92, Formerly 21EE-2.002, Amended 2-12-98, 11-28-16, Technical Change 5-21-26. 61G7-2.003 Probable Cause Panel Hearing Guidelines to Consider Investigator’s Reports. Rulemaking Authority 455.225, 468.522 FS. Law Implemented 455.223, 455.225 FS. History–New 8-29-94, Repealed 9-23-97.

Chapter 61G7-4 FINAL ORDERS

Fla. Admin. Code R. 61G7-4 FINAL ORDERS

CHAPTER 61G7-4 FINAL ORDERS 61G7-4.003 Time for Payment of Civil Penalties (Repealed) 61G7-4.003 Time for Payment of Civil Penalties. Rulemaking Authority 455.227(3) FS. Law Implemented 120.53, 455.227(3) FS. History–New 4-29-92, Formerly 21EE-4.003, Amended 6-23-04, Repealed 10-29-15.

Chapter 61G7-5 APPLICATION PROCEDURE

Fla. Admin. Code R. 61G7-5 APPLICATION PROCEDURE

CHAPTER 61G7-5 APPLICATION PROCEDURE 61G7-5.001 Application Procedure; Application Form; Fees; Confidential Information; Denial of Application; Request for Hearing 61G7-5.0011 Registration and Fee for De Minimis Operations 61G7-5.0012 Historical Sketch 61G7-5.002 Annual Assessment on Gross Florida Payroll 61G7-5.0021 Duplicate License Fee (Repealed) 61G7-5.003 Written Declaration to Financial Statements 61G7-5.0031 Audited Financial Statements 61G7-5.0032 Reviewed Financial Statements 61G7-5.0033 Consolidated and Combined Financial Statements 61G7-5.0034 Use of Franchised or Licensed Names 61G7-5.004 Requiring Certified College Transcripts in Lieu of College Degree 61G7-5.005 Deficiency in Tangible Accounting and Accounting Net Worth; Guaranty Form Acceptable to Board; Sufficient Evidence of Guarantor’s Adequate Resources 61G7-5.006 Delinquent License 61G7-5.007 Null and Void Status 61G7-5.001 Application Procedure; Application Form; Fees; Confidential Information; Denial of Application; Request for Hearing. (1) Applicants for licensure as an employee leasing company shall file a completed application on a form prescribed by the Department in Rule 61-35.013, F.A.C. Applicants shall cure all deficiencies in their application noted by the board within 90 days from the date of the letter notifying the applicant or the application will be denied as an incomplete application. For purposes of this rule, an application is complete when all items on the application form have been fully answered, the applicant has paid the application fee specified in subsection (2), and has submitted all attendant documentation, certifications, electronic fingerprints through the Department’s vendor, explanations of answers, and other items specified in the form and its attached instructions. An application for licensure as an employee leasing company or group will not be deemed complete until both the controlling person(s) and employee leasing company parts are complete. (2) The application fee shall be $250 for each employee leasing company applicants, $106.75 for each controlling person applicants, $250.00 for each change of ownership applicants, and registration fees for de minimus operations of $250.00 for a single employee leasing company and $500.00 for a de minimus employee leasing company group. (3) License fees shall be assessed as follows: (a) For initial licensure applications to be submitted in the first year of the biennium:

1. $600.00 for each controlling person;
2. $900.00 for each employee leasing company;
3. $1,500.00 for each employee leasing company group. (b) For initial licensure applications to be submitted in the second year of the biennium:
4. $300.00 for each controlling person;
5. $450.00 for each employee leasing company;
6. $750.00 for each employee leasing company group. (c) For renewal licensure applications:
7. $600.00 for each controlling person;
8. $900.00 for each employee leasing company;
9. $1,500.00 for each employee leasing company group. (d) For purposes of this rule the first year of the biennium shall end on April 30 of every odd-numbered year. (e) Unlicensed Activity Fee. From each fee for initial licensure and each fee for licensure renewal, $5.00 shall be earmarked for the purpose of combatting unlicensed activity. (f) Initial assessments shall be paid as per Rule 61G7-5.002, F.A.C. (4) The Board shall review every applicant’s completed application and shall decide by majority vote in open meeting whether to certify to the Department that the applicant is qualified for licensure. New applications for employee leasing company or employee leasing company group and controlling person(s) will not be considered separately, but will be presented to the Board only after all information for the company and controlling person(s) is complete. Applications for additional controlling person(s) or changes in existing controlling person(s) do not require employee leasing company or employee leasing company group applications to be completed in order to be considered by the Board. Financial information, including client lists, obtained by the Board or the Department in connection with the application process shall, pursuant to Section 455.229, F.S., be kept confidential and exempt from the public disclosure requirements of Chapter 119, F.S. (5) The Board shall not certify to the Department that an applicant is qualified for licensure, unless it finds that the applicant has met all licensure requirements contained in Part XI of Chapter 468, F.S. The burden of showing qualification for licensure shall be on the applicant. (6) In determining that an applicant meets the licensure requirements in Section 468.525, F.S., the Board must find that the applicant: (a) In the case of an individual applying for licensure as a controlling person:
10. Is at least 18 years of age;
11. Is of good moral character as defined in Section 468.525(2)(a), F.S.;
12. Has sufficient education or experience to successfully operate as a controlling person of an employee leasing company.
13. Notwithstanding the foregoing, an applicant shall not be deemed to meet the requirements of Section 468.525(1)(c), F.S., if the applicant has been affiliated directly or indirectly with any person, persons or entities (not only an employee leasing company) whose business operations are being or have been operated in a manner detrimental to clients, employees, governmental agencies, investors or creditors through the improper manipulation of assets or accounts. The foregoing shall apply only if the applicant would have been considered a “controlling person” of any such entity as that term is defined in Section 468.520(7), F.S. “Business operations which are deemed to be detrimental to clients, employees, governmental agencies, investors or creditors” shall mean a history, pattern or significant incidence of the following:
    1. The imposition of federal or state withholding or payroll tax liens,
    2. Unpaid federal, state or local withholding or payroll taxes,
    3. Violating federal wage and hour laws,
    4. Failure to comply with state or federal workers’ compensation requirements,
    5. Failure to comply with applicable laws relating to the providing and maintenance of health insurance benefits to employees, and
    6. Failure to comply with occupational health and safety act (OSHA) requirements.
14. If any person applying for licensure as a controlling person, pursuant to Section 468.525, F.S., has engaged in the activities set forth in sub-subparagraphs 4.a. through f., above, this shall not be deemed to be an automatic bar to licensure. In determining whether to approve an applicant for licensure in spite of such activities, the Board shall consider the following factors:
    1. The length of time since the prior activity.
    2. The steps taken by the applicant to insure the non-occurrence of similar actions in the future.
    3. The restitution of any damages suffered by any company, client or victim of the applicant’s actions.
    4. The lack of any recurrent actions by the applicant.
    5. The lack of any wrongful intent by the applicant at the time of the action.
15. Any controlling person’s license approved by the board shall exist only in conjunction with a license granted to an employee leasing company. When any controlling person ceases to meet the statutory and rule criteria to be a controlling person then the controlling person’s license shall expire and become null and void. If a controlling person notifies the Department within ninety (90) days of the event which ends the individual’s status as a controlling person that the individual is going to become a controlling person with another employee leasing company then a new controlling person license will be issued upon payment of a $5.00 transfer fee and written notification to the Department from all employee leasing companies involved. For such an application only, the background checks required of all initial controlling person applicants shall be waived insofar as the information would be available from the previous licensure file. (b) In the case of a sole proprietorship, partnership, corporation, or other form of business entity applying for licensure as an employee leasing company:
16. If a corporation is validly organized in the State of Florida, or appropriately registered as a Foreign Corporation doing business in the State of Florida as evidenced by a Certificate of Standing issued by the Florida Secretary of State.
17. Has and is maintaining, at the time of application, a positive working capital as determined in accordance with generally accepted accounting principles as demonstrated in the information filed with the application.
18. Has a tangible accounting net worth of not less than $50,000 in accordance with generally accepted accounting principles as demonstrated in the information filed with the application.
19. Has, at the time of application, a contract form meeting the requirements of Sections 468.525(3) and (4), F.S., which will be used after licensure to engage in employee leasing with new or renewal clients.
20. Has provided with the application a certificate of workers’ compensation insurance coverage which shall name the Board as a Certificate Holder and shall provide for a minimum of 30 days’ notification of cancellation or if a policy from the Florida Workers’ Compensation Joint Underwriting Association (FWCJUA) or from any carrier authorized by the Florida Office of Insurance Regulation is to be utilized by the applicant, the applicant has provided a letter from the FWCJUA or other authorized carrier which sets forth that the policy will issue immediately upon licensure by the Board, and the policy issues within thirty (30) days of the FWCJUA or other authorized carrier’s notification from the Board that the applicant has been approved subject to the policy issuing. The employee leasing company may not contract to provide any services to leased employees until the policy has issued. 6.a. Has provided with the application a valid certificate of workers’ compensation insurance coverage, pursuant to Rule 61G7-10.0014, F.A.C., for all leased employees. Notice of any changes in these insurance plans shall be submitted to the Department in writing along with the new certificate of workers’ compensation insurance coverage within sixty (60) days; or b. Has supplied the Board a letter signed by an agent or a carrier authorized to bind coverage on behalf of such carrier, which substantially reads as follows: Board of Employee Leasing Companies Division of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, Florida 32399-0767 RE:__________________ Dear________: Enclosed is a copy of the Certificate of Liability Insurance for _. is an authorized agent and has the authority to bind coverage with _____________. This policy number is ________, effective from __________ to ________ and issued to ________. This policy provides coverage to leased employees in Florida.
21. With regard to all plans of group insurance for the provision of health benefits to leased employees, has provided the Board a signed statement that is substantially in the form set forth in paragraph 61G7-5.001(12), F.A.C. An additional signed statement shall be submitted to the Board within (60) days of any material change in any such plan offered to leased employees. (7) Conviction of a crime shall not automatically bar an applicant from obtaining a license, unless the crime involved fraud, perjury, theft or embezzlement of any money or thing of value, sale or use of any controlled substance, tax evasion, or the filing of any false document with any government agency. Notwithstanding the foregoing, the Board may certify that an applicant who has been convicted of a crime, is qualified for licensure if it determines that in the time since the conviction the applicant has demonstrated sufficient rehabilitation over at least a three-year period which would indicate that the applicant can now be entrusted with large sums of money. In determining whether such an applicant is rehabilitated the Board may consider the applicant’s employment record, whether the applicant has been completely law abiding since the conviction, and whether the applicant has been completely trustworthy in all business and personal dealings since the conviction. (8) If the Board determines that an applicant is not qualified for licensure it shall notify the applicant of its intent to deny the applicant’s application, which notice shall become a final order of the Board after 21 days. Within this 21-day period the applicant may file with the Board’s office a request for hearing pursuant to Section 120.57(1) or (2), F.S. A request for hearing pursuant to Section 120.57(1), F.S., shall comply with the requirements of Rule 28-106.201, F.A.C. (9) An applicant must list each and every controlling person on their application for an Employee Leasing Company license. Unless all controlling persons are licensed pursuant to Part XI Chapter 468, F.S., the company is in violation of Chapter 468, F.S. (10) An applicant to become an employee leasing company, which is a licensee or franchisee of another entity that is an employee leasing company in this or some other state, shall note such fact on the application form. The application shall also provide a copy of the license or franchise agreement at the time the application for an employee leasing company license is made. The franchise or license agreement shall not in any way relieve the applicant for an employee leasing company license of the sole responsibility of complying with the provisions of Sections 468.525(4) and 468.529, F.S. (11) An applicant to become a controlling person of an already licensed employee leasing company, who will become a controlling person as the result of a change in control of the voting securities of the employee leasing company, shall, at the time of application, submit the closing papers with the application or a letter to the Board after the sale has been completed in order to confirm that ownership of the voting securities was transferred to the applicant. (12) The applicant or licensee, within (60) days of a licensee’s obtaining a plan of group insurance for the provision of health benefits shall submit a signed statement from the insurer that the policy or plan is in compliance. Such statement shall be in substantially the following form: AFFIDAVIT I, (name of affiant) state:
22. I am employed by (name of employer) as (position). (Name of employer), is an admitted insurance carrier in the State of Florida. I possess the authority to make the following statements on behalf of (name of employer) and to bind (name of employer) concerning the statements made herein.
23. It is my understanding that an employee leasing company may not sponsor a plan of self-insurance for health benefits except as may be permitted by the provisions of the Florida Insurance Code or, if applicable, by Pub. L. No. 93-406, the Employees Retirement Income Security Act. (name of insurer) Group Insurance Policy # issued to (name of leasing company), is in compliance with the requirements of this law as it is a fully insured insurance product which is fully insured by (name of insurer). Notwithstanding any provision in the policy which could be interpreted to the contrary (name of insurer) is ultimately fully responsible for all incurred claims under the terms of the policy. After having read the above statements, I state they are true and correct to the best of my knowledge and belief. Rulemaking Authority 468.522, 468.524, 468.5245 FS. Law Implemented 455.213(11), 455.2281, 468.524, 468.5245, 468.525, 468.526, 468.527, 468.5275, 468.529 FS. History–New 5-5-92, Amended 7-15-92, 10-20-92, Formerly 21EE-5.001, Amended 10-24-93, 3-14-94, 7-4-94, 9-8-94, 11-13-94, 2-13-95, 6-4-95, 11-9-95, 5-26-96, 5-19-97, 4-29-99, 9-5-04, 5-29-12, 1-2-13, 2-28-18. 61G7-5.0011 Registration and Fee for De Minimis Operations. (1) Any employee leasing company or group which meets the qualifications for de minimis operations pursuant to Section 468.5275, F.S., shall register with the Board on a form prescribed by the Department in Rule 61-35.013, F.A.C. The annual fee for de minimis registration shall be $250 for an employee leasing company and $500 for an employee leasing company group. (2) The term “registered” as used in Section 468.5275(1)(b), F.S., shall mean the employee leasing company is registered as an employee leasing company in those states which have registration requirements. For states with no registration requirements the term “registered” as used in Section 468.5275(1)(b), F.S., shall mean the employee leasing company is registered as such in their articles of incorporation. Rulemaking Authority 468.522, 468.5275(2) FS. Law Implemented 468.5275 FS. History–New 8-17-94, Amended 1-31-95, 11-9-95, 9-5-04, 2-28-18. 61G7-5.0012 Historical Sketch. (1) Each initial application for an Employee Leasing Company license shall be accompanied by a completed Historical Sketch, found as part of Department application forms incorporated by Rule 61-35.013, F.A.C., and provided separately as Board Form DBPR EL-4512, incorporated by Rule 61G7-10.002, F.A.C. The Historical Sketch is required from those individuals who: (a) Directly or indirectly control 20% or more of the voting stock of the applicant or of its ultimate parent, if the applicant or its ultimate parent is a publicly traded company; or (b) Directly or indirectly control 10% or more of the voting stock of the applicant or of its ultimate parent, if the applicant or its ultimate parent is a closely held company; or (c) Are directors or principal officers of the applicant or its ultimate parent. (2) In lieu of filing the above mentioned form, the applicant may file updated copies of Form OFR-S-7-91, Exhibit 1 (General Issue) which is incorporated by Florida Office of Financial Regulation Rule 69W-700.001, F.A.C., effective August 8, 2021, for the same individuals which the applicant has previously filed as part of an application for registration of securities with the Florida Office of Financial Regulation, or its predecessor form, or other filings containing similar information which have been filed with the U.S. Securities and Exchange Commission or with any state securities regulatory agency. OFR Rule 69W-700.001, F.A.C., effective August 8, 2021, is incorporated herein by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14537. (3) Each employee leasing company shall, within thirty (30) days of any person’s or entities’ acquisition of 10% or more of its voting stock or the voting stock of the employee leasing company’s ultimate parent (if the employee leasing company or its ultimate parent is a closely-held company) or 20% or more of the voting stock of the employee leasing company or of its ultimate parent (if the employee leasing company or its ultimate parent is a publicly-held company), submit Form DBPR EL 4512, to the Board from such person(s) or entities. (4) As a condition of renewal all employee leasing companies are also required to update any material changes to the previously filed forms or alternative information. (5) Each Application for Certificate of Approval for/Notification of Change of Ownership, required by Rule 61G7-10.002, F.A.C., shall be accompanied by a completed Form DBPR EL 4512 for the same individuals as specified in subsection (1) above. (6) Those employee leasing companies that were not required to have submitted Form DBPR EL 4512 or provide the alternative information as specified in subsection (2), above, as a requirement for initial licensure must submit such forms or information as a condition for renewal of licensure. (7) If any individual who is required to submit a completed Form DBPR EL 4512 or in the alternative information evidences a lack of good moral character, as defined in Section 468.525(2)(a), F.S., then the initial employee leasing licensure application shall be denied or the license shall not be renewed until the individual(s) in question is no longer involved with the employee leasing company in a capacity which would require the submission of a historical sketch of the individual(s) to the Board as provided herein. Rulemaking Authority 468.522, 468.524(2), 468.5245 FS. Law Implemented 468.524(2), 468.5245 FS. History–New 1-25-98, Amended 9-5-04, 1-2-13, 4-18-18, 7-20-22. 61G7-5.002 Annual Assessment on Gross Florida Payroll. (1) The Department of Business and Professional Regulation shall assess each Employee Leasing Company and each Employee Leasing Company Group an annual assessment fee based upon the preceding calendar year’s gross Florida payroll of the company or group. The assessment shall be due on April 1 of each year and shall become delinquent after April 30. For new applicants the initial assessment shall be due with the licensure application. Funds collected under this assessment are to be made payable to the Board and to be deposited into the Professional Regulation Trust Fund as created within the Department. The annual assessment fee shall be calculated in accordance with the following table: Amount of Gross Assessment

Florida Payroll Fee Due

less than $250,000 $72.00

$250,000 – $500,000 $127.00

$500,001 – $1,000,000 $190.00

$1,000,001 – $2,500,000 $267.50

$2,500,001 – $5,000,000 $344.50

$5,000,001 – $7,500,000 $422.00

$7,500,001 – $10,000,000 $499.00

$10,000,001 – $15,000,000 $577.00

$15,000,001 – $20,000,000 $654.00

$20,000,001 – $30,000,000 $731.00

$30,000,001 – $40,000,000 $808.50

$40,000,001 – $50,000,000 $914.50

greater than $50,000,000 $1019.50

(2) If the sum of license fees under subparagraph 61G7-5.001(3)(a)2., F.A.C., for any employee leasing company when combined with the assessments levied under subsection (1) for the first and second year of the licensure period shall exceed the maximum biennial fees established in accordance with Section 468.526(4)(a), F.S., the assessment for the second year of the biennial licensure period shall be reduced by the amount of such excess. (3) If the sum of license fees under subparagraph 61G7-5.001(3)(a)3., F.A.C., for any employee leasing company group when combined with the assessments levied under subsection (1), for the first and second year of the licensure period shall exceed the maximum biennial fees established in accordance with Section 468.526(4)(b), F.S., the assessment for the second year of the biennial licensure period shall be reduced by the amount of such excess. Rulemaking Authority 468.522 FS. Law Implemented 468.526(3) FS. History–New 7-15-92, Formerly 21EE-5.002, Amended 4-25-94, 6-10-96, 6-22-98, 7-11-00, 9-5-04, 3-27-05, 7-6-05, 2-28-12, 12-30-15. 61G7-5.0021 Duplicate License Fee. Rulemaking Authority 455.219 FS. Law Implemented 455.219 FS. History–New 10-24-93, Repealed 8-5-18. 61G7-5.003 Written Declaration to Financial Statements. Quarterly financial statements submitted to the Board by an employee leasing company shall be accompanied by a completed Board Form DBPR EL-4503, Employee Leasing Company Written Declaration to Financial Statements, effective 2/2018, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09172 or http://www.myfloridalicense.com/dbpr/pro/emplo/forms.html. The form shall be executed by a controlling person of the employee leasing company. Rulemaking Authority 468.522 FS. Law Implemented 468.524(2) FS. History–New 7-20-92, Formerly 21EE-5.003, Amended 9-5-04, 4-18-18. 61G7-5.0031 Audited Financial Statements. (1) For each employee leasing company or employee leasing company group with gross Florida payroll of $2,500,000 or more, audited annual financial statements must be submitted to the Board. (2) For every fiscal year, audited financial statements must be submitted to the Board within 120 days of the licensee’s fiscal year end. For purposes of this rule, “submitted” means that the audited financial statement must be postmarked within 120 days of the end of the fiscal year. (3) All audited financial statements must be prepared in accordance with generally accepted accounting principles (GAAP), and generally accepted auditing standards (GAAS). (4) When an employee licensing company or employee leasing company group with gross Florida payroll of $2,500,000.00 or more becomes licensed during any portion of a year, audited financial statements for that year must be submitted to the Board within 120 days of the licensee’s fiscal year end which covers the calendar year in which the licensee first became licensed. (5) All members of an employee leasing company group must have the same fiscal year end. In the event that all members of such a group do not have the same fiscal year end at the time of initial licensure, such group shall have two (2) years from the date of initial licensure to comply with this rule. In addition, any member added to a group after initial licensure shall change its fiscal year end to the group’s fiscal year end within one (1) year of joining the group. Rulemaking Authority 468.522, 468.525(3)(e) FS. Law Implemented 468.525(3)(e) FS. History–New 8-17-94, Amended 5-26-96, 9-5-04, 7-4-22. 61G7-5.0032 Reviewed Financial Statements. (1) For each employee leasing company or employee leasing company group with gross Florida payroll of less than $2,500,000.00, reviewed annual financial statements must be submitted to the Board. (2) For every fiscal year, reviewed financial statements must be submitted to the Board within 120 days of the licensee’s fiscal year end. For purposes of this rule, “submitted” means that the reviewed financial statement must be postmarked within 120 days of the end of the fiscal year. (3) All reviewed financial statements must be prepared in accordance with generally accepted accounting principles (GAAP), and Standards for Accounting and Review Services (SARS). (4) When an employee licensing company or employee leasing company group with gross Florida payroll of less than $2,500,000.00 becomes licensed during any portion of a year, reviewed financial statements for that year must be submitted to the Board within 120 days of the licensee’s fiscal year end which covers the calendar year in which the licensee first became licensed. (5) All members of an employee leasing company group must have the same fiscal year end. In the event that all members of such a group do not have the same fiscal year end at the time of initial licensure, such group shall have two (2) years from the date of initial licensure to comply with this rule. In addition, any member added to a group after initial licensure shall change its fiscal year end to the group’s fiscal year end within one (1) year of joining the group. Rulemaking Authority 468.522, 468.525(3)(e) FS. Law Implemented 468.525(3)(e) FS. History–New 8-17-94, Amended 5-26-96, 9-5-04, 7-4-22. 61G7-5.0033 Consolidated and Combined Financial Statements. (1) All reviewed or audited financial statements submitted to the Department by Florida licensed employee leasing companies shall be presented in accordance with accounting principles generally accepted in the United States of America (Formerly referred to as (GAAP)), as required by Section 468.525(3)(d), F.S. (2) An employee leasing company or an employee leasing company group that is a subsidiary or a member of another entity that may otherwise be included in the consolidated financial statements of a parent or a controlling entity, may submit individual reviewed or audited financial statements to satisfy the filing requirements of Section 468.525(3)(e), F.S. (3) An employee leasing company or an employee leasing company group may be included in the consolidated financial statements of a licensed or non-licensed parent or controlling entity to meet the requirements of Section 468.525(3)(e), F.S., as applicable, so long as there are Board-approved cross guarantees between the parent or controlling entity and all Florida-licensed employee leasing companies included in such statements. (4) A Florida-licensed employee leasing company, employee leasing company group, employee leasing company groups, or any combination thereof, may submit combined audited or reviewed financial statements to meet the requirements of Section 468.525(3)(e), F.S. as applicable, so long as the combined financial statements are prepared in accordance with GAAP, as referenced above, there is accounting net worth and positive working capital demonstrated in the combined financial statements, and there are Board-approved cross-guarantees among all entities covered in the combined financial statements. Non-Florida licensed employee leasing companies and other entities may be included in the combined financial statements as long they are under common control and their operations are integral to the operations of the Florida-licensed employee leasing company, companies, group or groups, or are integral to the operations of a Non-Florida employee leasing company, companies, group, or groups. Other entities may not be included in combined financial statements. The notes to the combined financial statements must describe the ownership or management control relationships, and the nature and scope of the operations of each entity included in the combined financial statements, to clearly demonstrate that the operations of all included entities are integral to the operations of employee leasing business. (5) Cross guarantees must be submitted, either at the time of initial application for licensure on a form prescribed by the Department in Rule 61-35.013, F.A.C., or as part of any consolidated or combined financial statement submissions by using Board Form DBPR EL-4518, Board Approved Cross Guarantee Form, incorporated by Rule 61G7-10.002, F.A.C. Rulemaking Authority 468.522 FS. Law Implemented 468.525, 468.526 FS. History-New 5-26-96, Amended 9-5-04, 11-9-06, 8-1-11, 2-8-16, 2-28-18, 7-4-22, Technical Change 3-23-26. 61G7-5.0034 Use of Franchised or Licensed Names. Section 468.530(3), F.S., provides that: “The board may not authorize the use of a name which is so similar to that of a public officer or agency, or of that held by another licensee, that the public may be confused or misled thereby.” Recognizing the existence and reasonable purpose of franchising and licensing agreements under which more than one company, corporation, or other entity may be entitled to use the name of the franchisor or licensor, the Board hereby sets the following standards for the use of names under a franchise or licensing agreement: (1) When more than one licensee is entitled to and wishes to use the name of a franchisor or licensor in the name of an employee leasing company, the name of the franchisor or licensor must be set out so as to make it clear that the two or more employee leasing companies are distinct and separate entities. Examples of acceptable names are: (a) XYZ Employee Leasing Company of Daytona Beach. (b) XYZ Employee Leasing Company of North Florida. The difference in names between two or more licensees entitled to use the name of a franchisor or licensor must be plainly different and the differences must indicate a distinction in location or some other clear distinction. (2) In any contract for the provision of leased employees to a client, a licensee whose name includes that of a franchisor or licensor shall plainly state in the contract that the licensee is independently owned and operated. (3) Any advertisement by a licensee whose name includes that of a franchisor or licensor shall contain a clear and concise statement that the licensee or franchisee is a franchisee or licensee and is independent in ownership and operation from the franchisor or licensor. (4) In all written communications between a licensee or franchisee whose name includes that of a franchisor or licensor and any person or entity, the form of the communication, for example, business stationery or a facsimile cover sheet, shall contain a clear and concise statement indicating that the licensee is an independently owned and operated franchisee or licensee of the franchisor or licensor. (5) Any business cards, pamphlets, flyers, or other promotional material used by a licensee or franchisee whose name includes that of a franchisor or licensor shall contain a clear and concise statement indicating that the licensee is an independently owned and operated franchisee or licensee of the franchisor or licensor. (6) The standards set out in this rule shall also apply to situations in which a group of unrelated companies wish to use a single name for marketing, and promotional or other cooperative purpose. Examples of acceptable names in this situation are: (a) John Smith d/b/a AA Employee Leasing Company of Tampa. (b) Carolyn Jones d/b/a AA Employee Leasing Company of South Miami. (c) ZZZ, Inc., d/b/a AA Employee Leasing Company of the Keys. (7) Licensees majority owned by the same ultimate parent, entity or persons, may utilize the same dba. Rulemaking Authority 468.522 FS. Law Implemented 468.525(3)(e), 468.530(3) FS. History–New 5-26-96, Amended 9-5-04. 61G7-5.004 Requiring Certified College Transcripts in Lieu of College Degree. When an application for controlling person licensure indicates the applicant attended college, the applicant shall, upon request, furnish certified transcripts reflecting such attendance to the Board’s office. Rulemaking Authority 468.522 FS. Law Implemented 468.524(2), 468.525(1)(c) FS. History–New 11-4-92, Formerly 21EE-5.004. 61G7-5.005 Deficiency in Tangible Accounting and Accounting Net Worth; Guaranty Form Acceptable to Board; Sufficient Evidence of Guarantor’s Adequate Resources. (1) When an applicant chooses to have a guaranty to offset any deficiency in tangible accounting net worth regarding an initial application, accounting net worth or working capital regarding a renewal application, such guaranty shall be made on Board Form DBPR EL-4505, Board Approved Guaranty Form, effective March 2013, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09131. Such guaranty shall be irrevocable until such time that the deficiency causing the guaranty has been corrected, as demonstrated by the applicant’s annual financial statement meeting the requirements of either Rule 61G7-5.0031 or 61G7-5.0032, F.A.C., or until a new guaranty has been submitted and found acceptable by the Board to replace the previously submitted guaranty. (2) Initial applicants and licensed employee leasing companies who submit a guaranty in accordance with subsection (1), shall also show that the guarantor has adequate resources to satisfy the obligation of the guaranty. Upon the Board’s finding that the guarantor’s resources and the guaranty are acceptable, the applicant or licensed employee leasing company shall provide the original guaranty to the Board to keep with the leasing company’s file. (3) When an initial applicant or a licensed employee leasing company chooses to submit an irrevocable letter of credit to offset any deficiency in tangible accounting net worth regarding an initial applicant, accounting net worth or net working capital regarding a licensed employee leasing company, such irrevocable letter of credit is acceptable so long as: (a) The responsibility for repayment of any sums disbursed under the letter of credit is not an obligation of the employee leasing company or any entity affiliated with the employee leasing company; (b) The letter of credit contains an “evergreen” clause, which automatically renews the letter of credit unless the issuer of the letter of credit notifies the employee leasing company and the Department within sixty (60) days of the decision not to renew; and, (c) The letter of credit is issued by a financial institution authorized to do so under applicable state or federal banking laws. Rulemaking Authority 468.522, 468.525(3)(d) FS. Law Implemented 468.525(3) FS. History–New 9-6-93, Amended 5-29-94, 5-26-96, 9-5-04, 6-8-08, 8-16-11, 6-19-13, 2-28-18. 61G7-5.006 Delinquent License. A delinquent license shall be returned to active status by the payment of the biennial license renewal fee plus a delinquent fee of $25.00, and the licensee shall be continuously licensed during the period of delinquency. Nothing herein precludes disciplinary action against licenses delinquent more than 30 days. Rulemaking Authority 455.271(7) FS. Law Implemented 455.271(7), 468.528 FS. History–New 4-25-94, Amended 8-17-94, 10-25-00, 12-28-17, 2-12-20. 61G7-5.007 Null and Void Status. The null and void status licensee who applies for active status shall apply to the Department anew by submitting a completed application as set forth in Rule 61G7-5.001, F.A.C., with appropriate fees as if this were a first-time application. Rulemaking Authority 455.271(6)(a), 468.522 FS. Law Implemented 455.271(6)(a), 468.524 FS. History–New 5-4-21.

Chapter 61G7-6 DEFINITIONS

Fla. Admin. Code R. 61G7-6 DEFINITIONS

CHAPTER 61G7-6 DEFINITIONS 61G7-6.001 Definitions 61G7-6.001 Definitions. To enable the Board and the Department to administer Part XI of Chapter 468, F.S., the Board hereby interprets the following terms as used in the definition of employee leasing as follows: (1) “Health benefits or health plan,” as used in Section 468.529, F.S., means provision of comprehensive major medical health benefits. (2) “Intangible assets” as used herein to enable initial applicants to properly report their financial assets to meet the requirements for licensure, means assets that lack physical substance. The value of intangible assets is generally based on the value of the rights inherent in them or results from allocation of costs incurred to future periods, in which case they have no realizable or recoverable value outside of their ability to benefit future earnings in the normal course of operations. Intangible assets are normally subject to amortization. Examples of intangible assets include goodwill, copyrights, trademarks, patents, organization costs, deferred costs, client enrollment costs, and excess of assets acquired over purchase price. (3) “Primarily responsible” as used in Section 468.529(1), F.S., means that the admitted carrier is liable for all claims incurred under the plan of insurance during its effective period, regardless of any reimbursement or indemnification agreement between the licensed employee leasing company and the carrier. Any reimbursement or indemnification agreement between the employee leasing company and the admitted insurance carrier shall not limit or diminish the carrier’s primary responsibility for its obligations under the health plan for the payment of claims incurred or the provision of benefits under the health plan. (4) “Shared responsibility” as used in Section 468.525(4)(a), F.S., means that the client company exercises such right of direction and control over the leased employee as is necessary to conduct its business and without which the client would be unable to conduct its business, discharge any fiduciary responsibility which it may have, or comply with any applicable licensure, regulatory, or other responsibilities the client company may have. (5) “Tangible accounting net worth” means net worth presented in accordance with generally accepted accounting principles reduced by the aggregate amount of intangible assets. (6) “Temporary” as used in Section 468.520(4), F.S., means a situation in which leased employees are not needed on a long-term, ongoing basis, but rather are only needed to support or supplement the client company’s work force in special work situations, such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects, for a period not to exceed one year. (7) No reservation, assumption, or retention by an employee leasing company of any responsibility, obligation, authority, or right as set forth in Sections 468.525(4)(a)-(f), F.S., is meant to, or shall be interpreted to, in any way imply or establish a joint employer relationship with any client or to in any way impact a client’s sole responsibility to conduct its business, discharge any fiduciary responsibility that it may have, or comply with any applicable licensure, regulatory, or statutory requirement of the client. The client shall be entitled to exercise all rights, and shall be obligated to perform all duties and responsibilities, otherwise applicable to it as an employer in an employment relationship. Without limiting the foregoing, the following definitions shall apply: (a) “Assumes responsibility for the payment of wages” as used in Section 468.525(4)(b), F.S., means the obligation of the employee leasing company to comply with the terms of employment established by the employee leasing company with an employee relating to the payment of wages of the employee. The term does not include any obligation on the part of the employee leasing company to assume any contractual obligation which may exist between a client of an employee leasing company and any leased employee, or any other compensation or benefit, in any form, unless the employee leasing company specifically adopts such obligations by way of a written agreement entered into with the leased employee. (b) “Full Responsibility” as used herein to determine whether an employee leasing company’s contractual arrangements comply with the conditions as set forth in Section 468.525(4)(c), F.S., means complete and total responsibility for the collection of and payment of all payroll taxes on payroll reported to and paid by the employee leasing company, which are payable to the Internal Revenue Service and/or to the State of Florida for services performed by leased employees as leased employees. (c) “Reserves a right of direction and control over leased employees assigned to the client’s location” as used in Section 468.525(4)(a), F.S., does not imply or require the actual exercise of such direction and control by the employee leasing company. Additionally, the term does not give the employee leasing company the obligation to direct, control, or supervise the work performed by leased employees or give the employee leasing company the right to modify employment conditions of leased employees or to act or interfere with a client’s action. Such reserved right of direction and control shall be imputed for the limited purpose of the employee leasing company’s employer status pursuant to Section 468.529, F.S. with regard to its insurance, employment tax, and benefit plans. The client shall exercise such direction and control as may be allocated to the client, in writing, and in conformity with Florida law. (d) “Retains authority to hire, terminate, discipline, and reassign the leased employees” as used in Section 468.525(4)(d), F.S., means the employee leasing company has the right to add and remove leased employees from its payroll, but it does not imply or require the actual exercise of such authority by the employee leasing company at the job site at which or from which the leased employees work. The client shall exercise such authority as may be allocated to it in writing and in conformity with applicable law. (e) “Retains a right of direction and control over management of safety, risk, and hazard control at the worksite or sites affecting its leased employees, including:

1. Responsibility for performing safety inspections of client equipment and premises;
2. Responsibility for the promulgation and administration of employment and safety policies; and
3. Responsibility for the management of workers’ compensation claims, claims filings, and related procedures;” as used in Section 468.525(4)(e), F.S., means the employee leasing company has the right and responsibility to monitor compliance with such workers’ compensation insurance as is maintained by the employee leasing company for leased employees for purposes of the employee leasing company’s internal risk management and to manage workers’ compensation claims, claims filings, and related procedures with respect to such workers’ compensation insurance. It does not mean that the employee leasing company is responsible, independently or jointly, for the client’s obligations with respect to workplace safety, nor does it imply or require the actual exercise of such direction and control by the employee leasing company. The client shall exercise such direction and control as may be allocated to the client, in writing, and in conformity with applicable law. (8) As used in Section 468.529, F.S. an employee leasing company’s “employer” status shall only apply to insurance it is required to maintain with respect to leased employees, including providing workers’ compensation coverage pursuant to Chapter 440, F.S.; payment of employment tax for purposes of wages it issues to leased employees, including payment of reemployment assistance taxes pursuant to Chapter 443, F.S.; and benefit plans it sponsors covering leased employees, to the extent consistent with applicable law; and shall not affect the status of a client as an employer of its own leased employees under applicable law nor imply or establish that an employee leasing company and its client are joint employers. Rulemaking Authority 468.522 FS. Law Implemented 468.520, 468.525(3), (4)(a), (b), (c), (d), (e), 468.529(1) FS. History–New 7-20-92, Formerly 21EE-6.001, Amended 9-14-93, 10-24-94, 7-18-95, 4-26-01, 10-13-03, 8-18-04, 7-3-22.

Chapter 61G7-7 DISCIPLINE

Fla. Admin. Code R. 61G7-7 DISCIPLINE

CHAPTER 61G7-7 DISCIPLINE 61G7-7.001 Disciplinary Guidelines; Range of Penalties 61G7-7.002 Mediation 61G7-7.003 Notice of Noncompliance 61G7-7.001 Disciplinary Guidelines; Range of Penalties. (1) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners guilty of violating Chapter 455, F.S., Chapter 468, Part XI, F.S., or the rules promulgated thereto. The violations as set forth below are descriptive only; the full language of each statutory or rule provision cited must be consulted in order to determine the conduct included. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of the particular provisions identified in subsection (2). (a) The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations and other unrelated violations contained in the same administrative complaint will compound the listed penalties. All penalties at the upper range of the sanctions include lesser penalties, which may be included in the final penalty at the Board’s discretion. (b) Probationary terms include, as applicable, a review of the licensee’s practice by a representative of the Department or Board, with the licensee assuming the cost of the review. In all cases of probation or suspension, a report showing compliance with the terms of the final order must be received and accepted by the Board prior to the termination of the probation or suspension. Other specific terms of probation or suspension shall be imposed, as necessary, by the Board. (2) The following disciplinary guidelines include costs related to the investigation and prosecution of the case, excluding costs associated with an attorney’s time, as permitted by Section 455.227(3)(a), F.S. The penalty for each count in the administrative complaint shall be determined by the Board to be within the minimum and maximum penalty range and reflect the seriousness of the harm to public welfare. The Board may impose a penalty outside the penalty range when mitigating or aggravating circumstances are identified. PENALTY RANGE

VIOLATION MINIMUM MAXIMUM

(a) Misdemeanor criminal conviction of bribery or fraud, in violation of Section 468.532(1)(a), F.S. Reprimand, probation, and/or $500 fine. Denial or revocation of license and/or $5,000 fine.

(b) Felony criminal conviction of bribery or fraud, in violation of Section 468.532(1)(a), F.S. Suspension and/or $2,500 fine. Denial or revocation of license and/or $5,000 fine.

(c) Willful misrepresentation of material facts in obtaining or renewing a license, in violation of Section 468.532(1)(a), F.S., or attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the board, in violation of Section 455.227(1)(h), F.S. Reprimand, probation, and/or $2,500 fine. Denial or revocation of license and/or $5,000 fine.

(d) Being determined liable for civil fraud by a court in any jurisdiction, in violation of Section 468.532(1)(o), F.S. Reprimand, probation, and/or $1,500 fine. Denial or revocation of license and/or $5,000 fine.

(e) Misdemeanor conviction relating to operation of or ability to engage in business as an employee leasing company, in violation of Section 468.532(1)(b) or 455.227(1)(c), F.S. Reprimand, probation, and/or $500 fine. Denial or revocation of license and/or $5,000 fine.

(f) Felony conviction relating to operation of or ability to engage in business as an employee leasing company, in violation of Section 468.532(1)(b) or 455.227(1)(c), F.S. Suspension, probation, and/or $1,500 fine. Denial or revocation of license and/or $5,000 fine.

(g) Misdemeanor conviction of fraud, deceit, or misconduct relating to the classification of employees for workers’ compensation, in violation of Section 468.532(1)(c), F.S. Reprimand, probation, and/or $500 fine. Denial or revocation of license and/or $2,500 fine.

(h) Felony conviction of fraud, deceit, or misconduct relating to the classification of employees for workers’ compensation, in violation of Section 468.532(1)(c), F.S. Suspension, probation, and/or $1,500 fine. Denial or revocation of license and/or $5,000 fine.

(i) Misdemeanor conviction of fraud, deceit, or misconduct relating to the establishment or maintenance of self-insurance, in violation of Section 468.532(1)(d), F.S. Reprimand, probation and/or $500 fine. Denial or revocation of license and/or $2,500 fine.

(j) Felony conviction of fraud, deceit, or misconduct relating to the establishment or maintenance of self-insurance, in violation of Section 468.532(1)(d), F.S. Suspension, probation, and/or $1,500 fine. Denial or revocation of license and/or $5,000 fine.

(k) Misdemeanor conviction of fraud, deceit, or misconduct in the operation of an employee leasing company, in violation of Section 468.532(1)(e), F.S. Reprimand, probation, and/or $500 fine. Denial or revocation of license and/or $2,500 fine.

(l) Felony conviction of fraud, deceit, or misconduct in the operation of an employee leasing company, in violation of Section 468.532(1)(e), F.S. Suspension, probation, and/or $1,500 fine. Denial or revocation of license, and/or $5,000 fine.

(m) Practicing on an inactive, revoked, or suspended license, or unlicensed practice, in violation of Section 468.532(1)(f), F.S. Reprimand, probation, and/or $1,500 fine. Denial or revocation of license and/or $5,000 fine.

(n) Failure to maintain, or provide evidence to the Board office of, workers’ compensation insurance, in violation of Section 468.532(1)(g), F.S. Reprimand and/or $500 fine. Denial or revocation of license and/or $5,000 fine.

(o) Transfer of a license in violation of Section 468.532(1)(h), F.S. Reprimand, probation, and/or $500 fine. Denial or revocation of license and/or $5,000 fine.

(p) Violation of Chapter 455, F.S., Chapter 468, Part XI, F.S., or any rule promulgated thereto, in violation of Section 468.532(1)(i) or 455.227(1)(k), F.S. Reprimand, probation, and/or $500 fine. Denial or revocation of license and/or $5,000 fine.

(q) Failure to notify the Board of change of address, in violation of Section 468.532(1)(j), F.S. Reprimand and/or $100 fine $500 fine.

(r) Incarceration or mental incompetence which may impair ability to maintain confidentiality, in violation of Section 468.532(1)(k), F.S. Suspension until demonstrates ability to practice, followed by probation. Denial or revocation of license.

(s) Second finding of guilt for any misconduct that warrants suspension or any course of conduct which shows inability to maintain confidentiality, in violation of Section 468.532(1)(l), F.S. Suspension until demonstrates ability to practice followed by probation, $500 fine. Denial or revocation of license and/or $5,000 fine.

(t) Failure to notify the Board of felony conviction or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime of any jurisdiction, within 30 days, in violation of Section 468.532(1)(m) or 455.227(1)(t), F.S. Suspension and/or $2,500 fine. Denial or revocation of license and/or $5,000 fine.

(u) Failure to conform to any lawful order of the Board, in violation of Section 468.532(1)(n), F.S. Reprimand, suspension, and/or $2,500 fine. Denial or revocation of license and/or $5,000 fine.

(v) Failure to have a registered agent for service in the State of Florida, in violation of Section 468.525(3), F.S. Reprimand and/or $100 fine. Denial or revocation of license and/or $2,000 fine.

(w) Failure to have a written agreement with client and written notice to employees, in violation of Section 468.525(3)(a), F.S. Reprimand and/or probation. Denial or revocation of license, suspension, and/or $1,500 fine.

(x) Failure to maintain positive working capital, or accounting net worth in violation of Section 468.525(3)(d), F.S. Reprimand, probation, and/or $500 fine. Suspension, denial or revocation of license, and/or $2,500 fine.

(y) Failure to satisfy the contract requirements of Section 468.525(4), F.S., in violation of Section 468.525(4), F.S. Reprimand, probation, and/or $1,000 fine. Suspension and/or denial or revocation of license.

(z) Failure to pay annual fees when due, in violation of Section 468.526(3), F.S. Reprimand, suspension until fee is paid, and/or $500 fine. Denial or revocation of license, and/or $5,000 fine.

(aa) Failure to have at least one controlling person per employee leasing company, in violation of Section 468.530(1)(a), F.S. Reprimand, probation of company license, and/or $1,000 fine. Suspension, revocation, and/or $5,000 fine.

(bb) Conducting a business under a name other than the licensed name of the employee leasing company, in violation of Section 468.530(3), F.S. Reprimand and/or $100 fine. Suspension and/or $1,500 fine.

(cc) Failure to pay unemployment compensation taxes or workers’ compensation premiums, in violation of Section 468.529(1), F.S. Reprimand, probation, and/or $1,000 fine. Suspension and/or denial or revocation of license.

(dd) Failure to make available to its workers’ compensation carrier information in Section 468.529, F.S., in violation of Section 468.529(2), F.S. Reprimand and/or $1,000 fine. Suspension and/or denial or revocation of license.

(ee) Failure to notify termination of client relationships, in violation of Section 468.529(3), F.S. Reprimand and/or $100 fine. Suspension and/or denial or revocation of license.

(ff) Failure to submit quarterly reports when due, in violation of Rule 61G7-10.001, F.A.C. Reprimand and/or $100 fine. Suspension, revocation, and/or $5,000 fine.

(gg) Making misleading, deceptive, or fraudulent representations in or related to the practice of employee leasing, in violation of Section 455.227(1)(a), F.S. Reprimand, probation, and/or $2,000 fine. Denial or revocation of license and/or $5,000 fine.

(hh) Having a license or the authority to practice employee leasing revoked, suspended, or otherwise acted against in another jurisdiction for a violation that would constitute a violation under Florida law, in violation of Section 455.227(1)(f), F.S. Imposition of a penalty identical or substantially similar to the other jurisdiction’s penalty, or imposition of Florida’s penalty for the same underlying offense.

(ii) Having been found liable in a civil proceeding for knowingly filing a false report or complaint within the department or the agency against another licensee, in violation of Section 455.227(1)(g), F.S. Reprimand, probation, and/or $1,000 fine. Denial or revocation of license and/or $5,000 fine.

(jj) Failing to report to the department any person who the licensee knows is in violation of Chapter 468, Part XI, or 455, F.S., or rules promulgated thereto, in violation of Section 455.227(1)(i), F.S. Reprimand, and/or $100 fine. Probation, and/or $500 fine.

(kk) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice employee leasing contrary to Chapter 455 or 468, Part XI, or rules promulgated thereto, in violation of Section 455.227(1)(j), F.S. Reprimand, probation, and/or $500 fine. Denial or revocation of license and/or $5,000 fine.

(ll) Failing to perform any statutory or legal obligation placed upon a licensee, in violation of Section 455.227(1)(k), F.S. The Board shall impose as its minimum and maximum penalties, the same ones as the underlying offense involved in the violation under Chapter 455 or 468, F.S.

(mm) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so, in violation of Section 455.227(1)(l), F.S. Intentional – Reprimand, probation, suspension until corrected, and/or $500 fine. Intentional – Denial or revocation of license and/or $5,000 fine.

Negligent – Reprimand, and/or probation. Negligent – Reprimand and/or $5,000 fine.

(nn) Making deceptive, untrue, or fraudulent representations in or related to the practice of employee leasing or employing a trick or scheme in or related to the practice of employee leasing, in violation of Section 455.227(1)(m), F.S. Reprimand, probation, and/or $500 fine. Denial or revocation of license and/or $5,000 fine.

(oo) Exercising influence on a client for the purpose of financial gain of the licensee or a third party, in violation of Section 455.227(1)(n), F.S. Reprimand, probation, and/or $500 fine. Suspension and/or $2,500 fine.

(pp) Practicing or offering to practice beyond the scope permitted by law, in violation of Section 455.227(1)(o), F.S. Reprimand, $500 fine, and/or requirement that activity be ceased. Probation and/or $1,500 fine.

(qq) Knowingly delegating or contracting for the performance of professional responsibilities by an unqualified person, in violation of Section 455.277(1)(p), F.S. Reprimand and/or $500 fine. Suspension of license and/or $2,500 fine.

(rr) Failing to comply with a lawfully issued subpoena of the department, in violation of Section 455.227(1)(q), F.S. Reprimand, probation, $500 fine, and/or compliance with the subpoena. Revocation of license and/or $5,000 fine.

(ss) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding, in violation of Section 455.227(1)(r), F.S. Reprimand, probation, and/or $500 fine. Revocation of license and/or $5,000 fine.

(tt) Failing to inform the Board in writing within 30 days after any adverse material final action by a state or federal regulatory agency, in violation of Section 468.532(1)(q), F.S. Reprimand and/or $500 fine. Denial or revocation of license and/or $2,500 fine.

(uu) Failing to meet or maintain the requirements for licensure as an employee leasing company or controlling person, in violation of Section 468.532(1)(r), F.S. Reprimand and/or $500 fine. Denial or revocation of license and/or $2,500 fine.

(vv) Engaging as a controlling person any person who is not licensed by the Board as a controlling person, in violation of Section 468.532(1)(s), F.S. Reprimand and/or $500 fine. Denial or revocation of license and/or $1,500 fine.

(3) The Board shall be entitled to deviate from the above-mentioned guidelines, up to the limits provided in Section 455.227(2)(d), F.S., upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the Board prior to the imposition of a final penalty. (a) Aggravating circumstances are those which justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines, and are as follows:

1. History of previous violations of Chapter 455, F.S., the Practice Act, or the rules promulgated thereto.
2. Evidence of violation of professional Practice Acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.
3. Degree of public harm. (b) Mitigating circumstances are those which justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty below the minimum level of discipline in the guidelines, and are as follows:
4. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices his profession.
5. Voluntary restitution of any damages suffered by the licensee’s client.
6. The licensee’s professional standing among peers.
7. Steps taken by the licensee or the licensee’s company to ensure the non-occurrence of similar violations in the future.
8. The degree of financial hardship incurred by a licensee as a result of the imposition of fines or the suspension of his practice.
9. Cooperation and timely communication with the Department of Business and Professional Regulation and the Board.
10. The licensee’s full understanding and admission of the violation. Rulemaking Authority 455.2273, 468.522, 468.532(4) FS. Law Implemented 455.227, 455.2273, 468.525, 468.526, 468.529, 468.530, 468.531, 468.532 FS. History–New 5-20-93, Formerly 21EE-7.001, Amended 5-29-94, 12-19-94, 11-9-95, 6-23-04, 1-22-19. 61G7-7.002 Mediation. (1) “Mediation” means a process whereby a mediator appointed by the department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and nonadversarial process with the objective of assisting the parties to reach a mutually acceptable agreement. (2) The Board finds that mediation is an acceptable method of dispute resolution for the following violation as they are economic in nature or can be remedied by the licensee: (a) Failure of the licensee to timely pay any assessed administrative fines or costs; (b) Failure of the licensee to pay health claims to an employee; (c) Failure of the licensee to pay wages. Rulemaking Authority 455.2235, 468.522 FS. Law Implemented 455.2235 FS. History–New 9-15-94, Amended 12-19-94, 4-25-95. 61G7-7.003 Notice of Noncompliance. In accordance with Section 120.695, F.S., the Department shall issue a notice of noncompliance as a first enforcement action against a licensee for a minor violation of a rule. Pursuant to Sections 120.695 and 455.225(3), F.S., the Board designates the following minor violations for issuance of a notice of noncompliance for an initial offense: (1) Failure to notify the Board within 30 days of change of address, in violation of paragraph 61G7-10.002(2)(i), and subsection (3), F.A.C., and Section 468.532(1)(j), F.S. (2) Failure to post license in conspicuous place, in violation of Section 468.530(2), F.S. (3) Engagement in the business under any name other than that specified on the license, in violation of Section 468.530(3), F.S. (4) Failure to include the employee leasing company license number in advertisements as required by subsection 61G7-11.001(3), F.A.C., and in violation of Section 468.530(4), F.S. (5) Failure of the employee leasing company or the controlling person to notify the Board within a 90-day period that a controlling person has ceased performing controlling person duties, as long as at least one controlling person remains licensed at the employee leasing company, as required by paragraphs 61G7-10.002(2)(g), (h), and subsection (3), F.A.C. (6) Failure of the employee leasing company to file a quarterly report as required by subsection 61G7-10.001(1), F.A.C., and authorized by Section 468.535, F.S., within 30 days of receiving notice from the Board that the quarterly report is late. (7) Failure of the employee leasing company to file an annual report as required by subsection 61G7-10.0011(1), F.A.C., and Section 468.525(3)(e), F.S., within 30 days of receiving notice from the Board that the annual report is late. (8) Failure of the employee leasing company to submit and pay an annual assessment as required by subsection 61G7-5.002(1), F.A.C. Rulemaking Authority 120.695, 455.225(3), 468.522 FS. Law Implemented 120.695, 455.225(3) FS. History–New 2-29-96, Amended 1-25-98, 7-11-17, 12-4-19.

Chapter 61G7-9 SELF FUNDED INSURANCE

Fla. Admin. Code R. 61G7-9 SELF FUNDED INSURANCE

CHAPTER 61G7-9 SELF FUNDED INSURANCE 61G7-9.001 Requirements for Self-Insurance for Employee Benefits or Workers’ Compensation 61G7-9.001 Requirements for Self-Insurance for Employee Benefits or Workers’ Compensation. (1) Each employee leasing company applicant or licensee which sponsors a plan of self insurance for employee benefits or workers' compensation benefits shall file with the Board a full description of such plan and shall incorporate in its financial statements all the assets and liabilities of any trust which it may have established for the purpose of funding said plan. (2) An employee leasing company applicant or licensee shall not be considered a sponsor of a plan of self-insurance solely by its participation in a workers' compensation self-insurance fund regulated and approved by the Department of Financial Services, Division of Workers’ Compensation. Rulemaking Authority 468.522 FS. Law Implemented 468.529(1) FS. History–New 7-14-92, Amended 11-15-92, Formerly 21EE-9.001.

Chapter 61G7-10 REPORTING REQUIREMENTS

Fla. Admin. Code R. 61G7-10 REPORTING REQUIREMENTS

CHAPTER 61G7-10 REPORTING REQUIREMENTS 61G7-10.001 Examination of Financial Records; Verification of Compliance 61G7-10.0011 Annual Financial Statements 61G7-10.0012 Workers’ Compensation Liability Statement 61G7-10.0013 Notification of Initiation or Termination of Contractual Relationship (Repealed) 61G7-10.0014 Requirements for Evidence of Workers’ Compensation Coverage 61G7-10.0015 Alternative Reporting Compliance by Accredited Employee Leasing Companies 61G7-10.002 Reporting of Change of Status Required; Effect on Licensees; Change of Licensee Name 61G7-10.003 On-Site Investigations 61G7-10.001 Examination of Financial Records; Verification of Compliance. (1) In accordance with Sections 468.525(3)(d) and 468.535, F.S., the department may make investigations, audits, or reviews of each individual or company licensed pursuant to Section 468.526(1), F.S., to determine whether it has violated or is in danger of violating Chapter 468, Part XI, F.S.; Chapter 455, F.S.; or any rule of the board or department. In order for the Board to determine that each employee leasing company has maintained net worth and positive working capital, each employee leasing company shall submit quarterly reports. The reports shall be made on Board Form DBPR EL-4504, Quarterly Report Form, effective 10/2019, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11321. All required submissions, as set forth below, shall be made in furtherance of a licensure renewal application and shall be submitted to the department within 75 days of the end of each quarter. (a) The first and third quarterly reports shall include a balance sheet and income statement demonstrating that the employee leasing company has adequate reserves to pay, when due, all payroll and payroll-related taxes, workers’ compensation and health related premiums, and amounts due under any plan or self-insurance. A copy of the company’s workers’ compensation certificate of insurance in effect for the applicable quarter shall be submitted. (b) For the second and the fourth quarterly reports, no balance sheet or income statement shall be submitted; however, a copy of the company’s workers’ compensation certificate of insurance in effect for the applicable quarter shall be submitted with the report. The department will accept a timely filed annual financial report along with a copy of the company’s workers’ compensation certificate of insurance in effect for the applicable quarter in lieu of a quarterly report for the last quarter in an employee leasing company’s fiscal year. (2) In furtherance of its verifications of compliance, investigations, audits or reviews under Section 468.535, F.S., the department may, as frequently as deemed necessary, request applicable compliance information from licensees. Failure to respond to the department’s request for information shall constitute grounds for disciplinary action. (3) Providing false or misleading information to the department shall constitute grounds for disciplinary action. Rulemaking Authority 468.522, 468.529(4) FS. Law Implemented 455.227, 468.525(3)(d), 468.529(4), 468.535 FS. History–New 8-12-92, Amended 6-1-93, Formerly 21EE-10.001, Amended 5-8-94, 12-19-94, 3-1-05, 2-3-13, 2-18-15, 1-24-18, 12-9-19, 10-18-21. 61G7-10.0011 Annual Financial Statements. (1) Each employee leasing company shall submit, not later than 120 days after their fiscal year end, a copy of their current fiscal year end financial statements, prepared in accordance with generally accepted accounting principles, which shall include statement of income and retained earnings, balance sheet, statement of changes in financial position (cash flows), and applicable footnotes. This information may be submitted on the Board Form DBPR EL-4506, Standard Financial Statement, effective 5/2011, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09036, or in equivalent format. The financial statements are to reflect positive working capital and positive accounting net worth, as required in Section 468.525(3), F.S. Quarterly financial statements must be accompanied by a completed Board Form DBPR EL-4503, as required by Rule 61G7-5.003, F.A.C. (2) If an employee leasing company’s annual financial report or quarterly report fails to evidence positive working capital or accounting net worth as required by Section 468.525(3)(d), F.S., the deficiencies shall be deemed to be cured if, at the time that the annual or quarterly reports are due, the licensee files additional information evidencing action taken subsequent to the period covered by the required reports which shows that the licensee’s current financial status is in compliance with the provisions of the statute. (3) In the case of audited or reviewed annual financial statements, the information must take the form of a subsequent events note to the audit or review report issued by the independent CPA which shows that the licensee has corrected any statutory financial deficiencies that existed in the financial statements as of the audit or review date. (4) In the case of quarterly reports, the licensee may: (a) Submit a guaranty or letter of credit as provided by Rule 61G7-5.005, F.A.C., which shows that licensee has access to sufficient funds to offset any statutory financial deficiencies that existed in the quarterly statements, or (b) Submit a financial statement for the licensee reflecting the re-mediation accompanied by a narrative signed by a controlling person of the licensee outlining the reasons for the deficiencies and setting forth the licensee’s plan to prevent such deficiencies in the future. Rulemaking Authority 468.522 FS. Law Implemented 468.525 FS. History–New 5-8-94, Amended 6-23-99, 5-21-00, 3-1-05, 1-24-18. 61G7-10.0012 Workers’ Compensation Liability Statement. Each audited or reviewed financial statement submitted to the Board pursuant to Section 468.525(3)(e), F.S., and Rules 61G7-5.0031 and 61G7-5.0032, F.A.C., shall include a statement, signed by the chief executive officer (CEO) and chief financial officer (CFO) of the employee leasing company using Board Form DBPR-4516, Workers’ Compensation Liability Statement, effective 5/2011, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09037. Rulemaking Authority 468.522, 468.524(2), 468.525(3) FS. Law Implemented 468.525(3)(e), 468.529 FS. History–New 1-17-99, Amended 8-1-11, 1-24-18. 61G7-10.0013 Notification of Initiation or Termination of Contractual Relationship. Rulemaking Authority 468.522 FS. Law Implemented 468.529(3) FS. History–New 7-20-92, Formerly 21EE-6.005, Amended 10-19-94, Formerly 61G7-6.005, Amended 7-30-03, 3-1-05, Repealed 10-29-15. 61G7-10.0014 Requirements for Evidence of Workers’ Compensation Coverage. (1) All applicants for licensure and licensees seeking renewal of their licenses are required to file with the Board evidence of workers’ compensation coverage for all leased employees in this state. In addition, all applicants for licensure and licensees seeking renewal of their licenses are required to submit evidence to the Board that all of the employee leasing company’s obligations concerning payment of workers’ compensation insurance premiums for leased employees have been fulfilled. This evidence is intended to confirm that the applicant for licensure will and the licensee has met its responsibility to provide workers’ compensation coverage pursuant to Chapter 440, F.S. (2) Applicants for licensure and licensees seeking renewal of their licenses will meet this reporting requirement if they submit evidence that their leased employees are covered by any one of the following methods or any combination thereof: (a) Through a contractual relationship with an insurance carrier that is admitted in the State of Florida to provide workers’ compensation coverage to leased employees; (b) Through a lawful plan of self-insurance which provides workers’ compensation coverage; or (c) Through the clients of the employee leasing company via an insurance carrier that is admitted in the State of Florida to provide workers’ compensation coverage to leased employees or through a lawful plan of self-insurance which provides workers’ compensation to leased employees so long as such an arrangement is permitted by the Board approved employee leasing contract and the employee leasing company is named as a certificate holder by the client on its workers’ compensation policy and, in addition, so long as the employee leasing company’s notice to leased employees, required under Section 468.525(4)(f), F.S., includes notice to the leased employee that workers’ compensation coverage has been provided by the client. Nothing contained herein shall be construed as permitting a client of an employee leasing company to provide workers’ compensation coverage to any employees other than those leased from the employee leasing company by the client pursuant to a Board approved employee leasing contract between the employee leasing company and the client. (3) Evidence which meets the requirements of subsection (2) above, shall consist of: (a) A statement, initially filed with the application and thereafter filed quarterly with the statements provided for in Rule 61G7-10.001, F.A.C., which is signed by all of the controlling persons of the applicant or licensee and which attests that all leased employees in the State are covered by methods paragraph (2)(a) or (b) above, or (b) If the employee leasing company performs its duties regarding workers’ compensation coverage utilizing method paragraph (2)(c), either alone or in combination with methods paragraph (2)(a) or (b), then the employee leasing company shall submit a written statement to the Department, initially with the application and thereafter quarterly with the statements provided for in Rule 61G7-10.001, F.A.C., which has been executed by all of the controlling persons, the CEO, the CFO, and the Chairman of the Board of the employee leasing company. The statement shall include an attestation by the signing parties that the statement was executed after due inquiry of the employee leasing company’s books and records and that, after making such an inquiry, the signing persons have taken reasonable steps to ascertain that all leased employees have workers’ compensation coverage under methods paragraphs (2)(a)-(c), above. This statement shall be made on Board Form DBPR EL-4522, Quarterly Compliance Form effective July 2008, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09038. The term “Reasonable Steps” as used herein is defined as requiring those persons making the above attestation, at a minimum:

1. To receive and review a workers’ compensation certificate from all clients who are maintaining their own workers’ compensation policy, which certification on its face provides workers’ compensation coverage to such clients’ leased employees, and
2. To confirm that the client has reported that it has obtained such workers’ compensation coverage to the Florida Department of Financial Services. (c) In addition to the foregoing, the statement shall set out the percentage of leased employees in the State which are covered by each of the methods set out in paragraphs (2)(a)-(c) above, as of the date of the statement. (d) The information and assertions contained in the statement shall be subject to audit and verification by the Department as per Section 468.535, F.S. Rulemaking Authority 468.522, 468.529 FS. Law Implemented 468.529 FS. History–New 11-25-02, Amended 3-26-03, 7-17-08, 1-24-18. 61G7-10.0015 Alternative Reporting Compliance by Accredited Employee Leasing Companies. An employee leasing company (referenced in this rule “an authorizing employee leasing company”) may satisfy the requirements of its quarterly and annual filing obligations as set forth in Rules 61G7-10.001 and 61G7-10.0011, F.A.C., by being accredited in good standing by the Employer Services Assurance Corporation (ESAC), and by authorizing ESAC to provide the Department, on the licensee’s behalf, certification of compliance and electronic access to information provided to ESAC by the licensee that is consistent with the reporting requirements of Rules 61G7-10.001 and 61G7-10.0011, F.A.C., and is consistent with the requirements of Section 668.50, F.S., (the Florida Uniform Electronic Transactions Act). Should ESAC determine that any filing made with ESAC by any authorizing employee leasing company does not meet any requirement of Chapter 468, Part XI, F.S. or the rules promulgated thereto, such authorizing employee leasing company shall have on file with ESAC an authorization for ESAC to disclose to the Board and the Department all information in ESAC’s possession pertinent to the failure to meet the applicable requirement, and ESAC shall disclose such information to the Board and the Department within five (5) working days of ESAC’s determination of such failure. Such information disclosed by ESAC to the Board and the Department shall remain confidential in accordance with Section 455.229(1), F.S. Additionally, should an employee leasing company lose its accredited in good standing status with ESAC, within five (5) working days of the loss of such status, both ESAC and the employee leasing company shall notify the board in writing of the loss of such. Nothing in this rule shall limit or change the Board or Department’s authority to license, ensure compliance with statutory or rule requirements applicable to an employee leasing company, terminate licensing of an employee leasing company or to investigate or enforce any provision of Part XI of Chapter 468, F.S. or the rules promulgated pursuant thereto. Rulemaking Authority 468.522, 468.529(4) FS. Law Implemented 468.525(3) FS. History–New 11-19-14, Amended 5-29-17. 61G7-10.002 Reporting of Change of Status Required; Effect on Licensees; Change of Licensee Name. (1) To enable the Board and the Department to enforce more effectively the prohibition against the unlicensed practice of employee leasing, contained in Section 468.526, F.S., and to enforce other provisions of Part XI of Chapter 468, F.S., licensees shall apply for approval or notify the Board in writing, as appropriate, if the licensee experiences any changes in status listed in subsection (2). The following forms are to be used as indicated: (a) Department Form DBPR ELC 1, Application for Licensure as an Employee Leasing Company Controlling Person, incorporated by Rule 61-35.013, F.A.C. (b) Department Form DBPR ELC 2, Application for Licensure as an Employee Leasing Company, incorporated by Rule 61-35.013, F.A.C. (c) Department Form DBPR ELC 3, Application for Licensure as an Employee Leasing Company Group, incorporated by Rule 61-35.013, F.A.C. (d) Department Form DBPR ELC 6, Application for Certificate of Approval for/Notification of Change of Ownership (Asset Purchase), incorporated by Rule 61-35.013, F.A.C. (e) Department Form DBPR ELC 7, Application for Certificate of Approval for/Notification of Change of Ownership (Stock Purchase), adopted by Rule 61-35.013, F.A.C. (f) Department Form DBPR ELC 8, Request for Address or Name Change, adopted by Rule 61-35.013, F.A.C. (g) Board Form DBPR EL-4512, Historical Sketch, effective 11/2012, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09959. (h) Board Form DBPR EL-4514, Termination of Employee Leasing Company Operations, effective 08/2022, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14991. (i) Board Form DBPR EL-4518, Board Approved Cross Guarantee Form, effective 11/18/15, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06416. (2) Licensees experiencing a change in status listed below in the left column shall file or do what is listed in the corresponding right column as follows: CHANGE IN STATUS NEEDED ACTION BY COMPANY, GROUP, OR CONTROLLING PERSON

(a) Group adds new member(s) New cross guarantees (DBPR EL-4518), new application(s), (DBPR ELC 3), and application fees for new member(s) but no new licensure fee(s); new controlling person license application(s) (DBPR ELC 1), and fee(s) for new controlling person(s) – at least one controlling person required for each new company unless it has one already.

(b) Group dissolves into single companies New company applications (DBPR ELC 2), and fees and assessments – group license fee shall be credited to the individual applicants who have same ownership as group.

(c) From individual license to group license (e.g., single company wishes to form group with other licensed company(ies) or with unlicensed, newly created company(ies) or with both) New company applications (DBPR ELC 3), with cross guarantees (DBPR EL-4518), and group license fees and assessments – at least one controlling person license application (DBPR ELC 1), for each newly created company (unless already licensed controlling person will serve in that capacity); new controlling person license applications (DBPR ELC 1) for each new controlling person as defined in Rule 61G7-5.001, F.A.C.

(d) Purchase or acquisition of control in which purchasing employee leasing company maintains licensed controlling person from either the purchasing or purchased employee leasing company Within 30 days of purchase or acquisition of control, application for approval or notification of change of asset purchase (DBPR ELC 6), entitled or application for approval or notification of change of stock purchase (DBPR ELC 7), as appropriate. Where applicable, new controlling person license application(s), (DBPR ELC 1) and historical sketch (DBPR EL-4512).

(e) Purchase or acquisition of control in which purchasing employee leasing company does not maintain licensed controlling person from either the purchasing or purchased employee leasing company. Prior to the purchase or acquisition of control, application for approval or notification of change of asset purchase (DBPR ELC 6), or application for approval or notification of change of stock purchase (DBPR ELC 7), as appropriate, and new controlling person license application, (DBPR ELC 1), and historical sketch (DBPR 4512).

(f) Member of group leaves but at least two members remain as group New company application (DBPR ELC 3), and fee from leaving company; new controlling person license application (DBPR ELC 1) and fee for any new controlling person as defined in Rule 61G7-5.001, F.A.C.

(g) Controlling person no longer in capacity to act as a Controlling person for a licensed employee leasing company or group Notification to Board from both company and controlling person. If the controlling person’s departure leaves the entity without a controlling person, then the entity may accept no new clients and must submit an application for a new licensed controlling person (DBPR ELC 1) within 30 days or cease operation. Notification to the Board of the name of the new licensed controlling person is a specific requirement prior to taking on new clients or resuming operations.

(h) Controlling person resigns from Company A and is employed by Company B as controlling person Notification to Board from Company A and controlling person; notification to Board from Company B regarding new controlling person no new application needed from controlling person license goes with controlling person; $5 transfer fee from controlling person.

(i) Name or address change of a licensed or registered employee leasing company, group, or controlling person Notify Department using Department Form DBPR ELC 8.

(3) Within 30 days of a change in its status, the licensee, or other entity resulting from such change or both, shall submit new applications, new financial or other information, and new or additional fees to the Board’s office as needed to comply with Part XI of Chapter 468, F.S., and the rules of this Board, by any form of mail that provides the sender with delivery confirmation. (4) In the event a licensed employee leasing company or employee leasing company group changes their licensed business name, the Board office must be noticed within 30 days. (a) Such notification should include copies of the filed articles of incorporation, articles of amendment, articles of merger, or fictitious name registration, as filed with the Florida Secretary of State’s Office. (b) A fee of $50 will be required, together with the original license. A duplicate license reflecting the new licensed business name will be generated, upon receipt of prior license and completion of these requirements. (c) The company will be required to provide evidence of workers’ compensation coverage in the new company name. (5) In the event of a name change of a licensed controlling person of an employee leasing company, legal documentation must be submitted to the Board office. (a) Such documentation would be an original court document or a certified copy of the court document signed by the legal officer of the jurisdiction (judge or clerk of the court), original or certified copy of a marriage certificate, including the book and page number where the marriage was registered. Documentation submitted will remain in the Department’s possession. (b) A fee of $25 will be required, together with the original license and legal documentation. A duplicate license, reflecting the new licensed name will be generated, upon receipt of prior license and completion of these requirements. (6) In the event of a change in status of controlling person pursuant to paragraph (2)(g) or (h), as outlined above, the controlling person and all employee leasing companies involved shall submit notifications to the Board of the controlling person’s transfer. (7) If an employee leasing company has ceased to engage in the business of employee leasing, has no active clients and leased employees, and has no outstanding discipline, and wishes to cease to file required reports, then both the controlling person(s) and the company must notify the Department no later than the next required reporting date by submitting Board Form DBPR EL-4514, entitled Termination of Employee Leasing Companies Operations, for the Board’s subsequent acceptance of the proffered termination of license. (8) In the event of a purchase or acquisition of control pursuant to paragraph (2)(d) or (e), above, the controlling persons in the purchased employee leasing company must demonstrate that workers’ compensation coverage is/was in effect during the purchase or acquisition of control and at all time subsequent thereto for the employees of the entity purchased or over which control was acquired by providing a certificate of coverage from an insurance carrier that is admitted in the State of Florida naming the new owner or owners as the insured. Rulemaking Authority 468.522, 468.524(2), 468.526 FS. Law Implemented 468.524(2), 468.5245, 468.525(3), 468.526 FS. History–New 1-27-93, Amended 5-20-93, Formerly 21EE-10.002, Amended 10-24-93, 8-17-94, 11-9-95, 5-21-96, 11-24-96, 3-18-97, 3-1-05, 10-23-05, 12-31-06, 11-24-13, 2-8-16, 10-15-18, 7-30-19, 1-2-23. 61G7-10.003 On-Site Investigations. (1) In aid of its obligation under Section 468.535, F.S., to investigate, audit, or review all licenses to determine if such licenses are in compliance with or are in violation of the provisions of Section 468.525(3)(d), F.S., the Department may initiate onsite inspections of licensees and perform audits of the same. (2) The Department may also conduct random site checks to make sure employee leasing companies are in compliance with Section 468.530, F.S., as it relates to licensing and postings. (3) Nothing contained herein will be construed as precluding the Department from initiating a full field investigation if it has reasonable cause to believe that the reports submitted do not accurately reflect the true financial state of the licensee. Rulemaking Authority 468.522 FS. Law Implemented 468.525(3)(d), 468.535 FS. History–New 5-21-00, Amended 3-1-05, 1-2-13.

Chapter 61G7-11 ADVERTISING

Fla. Admin. Code R. 61G7-11 ADVERTISING

CHAPTER 61G7-11 ADVERTISING 61G7-11.001 Advertising 61G7-11.001 Advertising. (1) The term “advertisements” as used in Section 468.530(4), F.S., shall mean any of the following when paid for or produced by or for an employee leasing company, employee leasing company group or controlling person: (a) All phone directory listings, with the exception of non-highlighted, non-emphasized and non-segregated listings only of the licensee’s name, address and telephone number, which are informational only and do not require the license number; (b) Airware transmissions; (c) Handbills; (d) All billboards; (e) Shopping and service guides (including coupon offerings); (f) Magazine advertisements (including trade association publications); (g) Classified advertisements (not to include advertisements for employment); (h) Promotional materials such as video tapes, flyers, brochures. (i) Any employee leasing company official website. (2) The term shall not apply to the following: (a) On-site signage used for identification, i.e., on facade, front door or location of business. (b) Information identifying a charitable donation to any organization exempt from federal income tax as provided in 26 U.S.C. 501(c)(3). (c) A sign or permanent banner with only the company name. (3) An employee leasing company must include its license number on any advertisements. Specific Authority 468.522, 468.530(4) FS. Law Implemented 468.530(4) FS. History–New 10-6-94, Amended 3-28-95, 7-1-04, 1-11-05.

Chapter 61G7-12 MISCELLANEOUS CONTRACTUAL REQUIREMENTS

Fla. Admin. Code R. 61G7-12 MISCELLANEOUS CONTRACTUAL REQUIREMENTS

CHAPTER 61G7-12 MISCELLANEOUS CONTRACTUAL REQUIREMENTS 61G7-12.001 Contractual Requirements 61G7-12.001 Contractual Requirements. In order to meet the requirements of Section 468.525(4), F.S., the employee leasing company’s contractual arrangement with its client must provide for the right of both the employee leasing company and its assigns to conduct an annual onsite physical examination of the client who is or was subject to an applicable employee leasing contractual relationship. The purpose of this examination is to aid in the determination of proper workers’ compensation classifications of leased employees and to aid in the determination of payroll amounts paid to such leased employees. Such examination shall allow for both the employee leasing company and its assigns to conduct audits of the client for the purposes set forth above to the extent set forth in Section 440.381, F.S., and the rules promulgated thereto by the Department of Financial Services, Division of Workers’ Compensation. Rulemaking Authority 468.522 FS. Law Implemented 468.525(4) FS. History–New 11-8-00.

Division 61G8 Board of Funeral Directors and Embalmers

Chapter 61G8-23 DIRECT DISPOSER - EXAMINATION AND APPLICATION

Fla. Admin. Code R. 61G8-23 DIRECT DISPOSER - EXAMINATION AND APPLICATION

CHAPTER 61G8-23 DIRECT DISPOSER – EXAMINATION AND APPLICATION 61G8-23.003 Disciplinary Actions (Repealed) 61G8-23.003 Disciplinary Actions. Rulemaking Authority 470.017 FS. Law Implemented 470.017, 455.225, 455.227 FS. History–New 2-13-80, Formerly 21J-23.03, 21J-23.003, Amended 11-17-99, Repealed pursuant to Section 120.555, FS., 9-4-15.

Chapter 61G8-26 FOREIGN LICENSURE EXAMINATION

Fla. Admin. Code R. 61G8-26 FOREIGN LICENSURE EXAMINATION

CHAPTER 61G8-26 FOREIGN LICENSURE EXAMINATION 61G8-26.001 Applicants (Repealed) 61G8-26.002 Qualifications (Repealed) 61G8-26.003 Examination (Repealed) 61G8-26.004 Fee (Repealed) 61G8-26.005 Reexamination (Repealed) 61G8-26.001 Applicants. Rulemaking Authority 470.005, 455.217, 455.11(3) FS. Law Implemented 470.005, 455.217, 455.11(3) FS. History–New 6-3-81, Formerly 21J-26.01, 21J-26.001, Repealed pursuant to Section 120.555, FS., 9-4-15. 61G8-26.002 Qualifications. Rulemaking Authority 470.005, 455.217, 455.11(3) FS. Law Implemented 470.005, 455.217, 455.11(3) FS. History–New 6-3-81, Amended 7-2-85, Formerly 21J-26.02, 21J-26.002, Amended 6-14-00, Repealed pursuant to Section 120.555, FS., 9-4-15. 61G8-26.003 Examination. Rulemaking Authority 470.005, 455.217, 455.11 FS. Law Implemented 470.005, 455.217, 455.11 FS. History–New 6-3-81, Formerly 21J-26.03, 21J-26.003, Repealed pursuant to Section 120.555, FS., 9-4-15. 61G8-26.004 Fee. Rulemaking Authority 470.005, 455.217, 455.11(3) FS. Law Implemented 470.005, 455.217, 455.11(3) FS. History–New 6-3-81, Formerly 21J-26.04, 21J-26.004, Repealed pursuant to Section 120.555, FS., 9-4-15. 61G8-26.005 Reexamination. Rulemaking Authority 470.005, 455.217, 455.11(3) FS. Law Implemented 470.005, 455.217, 455.11(3) FS. History–New 6-3-81, Formerly 21J-26.05, 21J-26.005, Repealed pursuant to Section 120.555, FS., 9-4-15.

Chapter 61G8-30 DISCIPLINE

Fla. Admin. Code R. 61G8-30 DISCIPLINE

CHAPTER 61G8-30 DISCIPLINE 61G8-30.004 Mediation (Repealed) 61G8-30.004 Mediation. Rulemaking Authority 455.2235 FS., as amended by Chapter 94-119, Laws of Florida. Law Implemented 455.2235 FS., as amended by Chapter 94-119, Laws of Florida. History–New 1-8-95, Repealed pursuant to Section 120.555, FS., 9-4-15.

Division 61G10 Board of Landscape Architecture

Chapter 61G10-10 DEFINITIONS AND PUBLIC COMMENT

Fla. Admin. Code R. 61G10-10 DEFINITIONS AND PUBLIC COMMENT

CHAPTER 61G10-10 DEFINITIONS AND PUBLIC COMMENT 61G10-10.012 Definitions 61G10-10.014 Public Comment 61G10-10.012 Definitions. (1) For the purposes of section 455.207(4), F.S. The Board defines “other business involving the board” as, (a) all regularly scheduled meetings of Board committees, and (b) whenever a board member has been requested by the Secretary or the Department staff to participate in a meeting. (2) Principal officers as specified in section 481.319(1)(a), F.S., shall be defined as: (a) President, Vice President, Secretary or Treasurer of the corporation; or (b) any other officer who has management responsibilities in the corporation, as documented by the corporate charter or bylaws. Rulemaking Authority 455.207(4), 481.306 FS. Law Implemented 455.207(4), 481.319 FS. History–New 10-5-81, Formerly 21K-10.12, 21K-10.012, Amended 1-13-99. 61G10-10.014 Public Comment. The Board of Landscape Architecture invites and encourages all members of the public to provide comment on matters or propositions before the Board or a committee of the Board. The opportunity to provide comment shall be subject to the following: (1) Members of the public will be given an opportunity to provide comment on subject matters before the Board after an agenda item is introduced at a properly noticed board meeting. (2) Members of the public shall be limited to five (5) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Board members, staff or board counsel. The chair of the Board may extend the time to provide comment if time permits. (3) Members of the public shall notify board staff in writing of their interest to be heard on a proposition or matter before the Board. The notification shall identify the person or entity, indicate support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons consisting of three (3) or more persons. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 4-8-14, Formerly 61G10-11.018.

Chapter 61G10-11 LICENSURE

Fla. Admin. Code R. 61G10-11 LICENSURE

CHAPTER 61G10-11 LICENSURE 61G10-11.001 Examination for Licensure 61G10-11.002 Reexamination (Repealed) 61G10-11.003 Examination Review Procedure (Repealed) 61G10-11.0035 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions (Repealed) 61G10-11.004 Practical Experience in Landscape Architecture 61G10-11.010 Seals 61G10-11.011 Electronic Transmission of Plans, Specifications, Reports, and Seals 61G10-11.018 Public Comment (Transferred) 61G10-11.001 Examination for Licensure. (1) The Board approves the Landscape Architect Registration Examination (LARE) developed and administered by the Council of Landscape Architectural Registration Boards and specifies that it will be the licensing examination. The Department shall develop and administer the examination on plant materials and specialized aspects of practice in Florida, including laws and regulations. (2) The Board adopts the passing score for the LARE as determined by the Council of Landscape Architectural Boards (CLARB). Seventy-five is the passing score on the laws and regulations examination. Rulemaking Authority 481.306 FS. Law Implemented 481.309 FS. History–New 2-4-80, Amended 5-18-81, 10-13-81, 2-6-83, Formerly 21K-11.01, Amended 5-29-86, 5-31-87, 1-10-88, 2-13-92, Formerly 21K-11.001, Amended 7-27-98, 10-9-13. 61G10-11.002 Reexamination. Rulemaking Authority 455.217(2) FS. Law Implemented 455.217(2) FS. History–New 2-4-80, Amended 11-1-83, Formerly 21K-11.02, Amended 2-13-92, Formerly 21K-11.002, Repealed 1-12-15. 61G10-11.003 Examination Review Procedure. Rulemaking Authority 455.217(2), 481.306 FS. Law Implemented 455.217(2) FS. History–New 2-4-80, Amended 6-20-85, Formerly 21K-11.03, Amended 3-13-89, 5-30-91, Formerly 21K-11.003, Repealed 2-4-21. 61G10-11.0035 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions. Rulemaking Authority 455.02(2) FS. Law Implemented 455.02(2) FS. History–New 8-10-04, Repealed 2-4-21. 61G10-11.004 Practical Experience in Landscape Architecture. (1) For the purposes of satisfying the provisions of Section 481.309(1)(b)2., F.S., relating to six years practical experience in landscape architecture as defined in Rule 61G10-15.001, F.A.C., the Board specifies that: (a) Applicants must present evidence that in their experience they have provided or participated in the provision of the type of services set forth in section Rule 61G10-15.001, F.A.C.

1. All practical experience relied on by the applicant must have been obtained under the direct supervision of a registered landscape architect. Documentation of such experience shall include the name and address of each supervisor, the specific dates during which such supervision occurred, and a description of the duties performed and the work produced. A reference shall be provided from each supervisor and shall verify the documentation of experience.
2. The applicant shall present to the Board work samples of plans or contract documents produced which demonstrate knowledge and experience. All drawings shall be neat, legible, to scale, and include all information necessary to fully describe the item depicted. All submittals may relate to the same project. The applicant shall present at least two examples of work in each of the following areas:
   1. Site design: One example must be a master plan which shows the fundamental organization of a site. Circulation, user areas, major structures, natural features, open space, and the plan's relationship to its surroundings shall be shown. The other example must be a site plan showing more detailed physical and functional relationships and definition of site features. If the work is a rehabilitation or addition, the example should clearly indicate the extent of blending of existing and proposed features.
   2. Staking/layout plan: This plan shall provide for the accurate location of visible site features of a site or master plan from established reference point(s) through dimensions, coordinates and/or stationing.
   3. Grading and drainage plan: This plan shall describe the existing and proposed shape of the ground plane including the elevation, slope and pitch of surface areas and structures through contours, spot elevations, and/or grade notations. Stormwater runoff shall be accommodated through swales, storage areas and/or drainage structures as required.
   4. Irrigation plan: This plan shall provide for installation of a complete irrigation system from water source through sprinkler head layout. All piping, zones, equipment, and components shall be sized and identified on the plan.
   5. Construction details: These drawings shall depict a detailed plan view, elevation, or cross section of a site plan element with notes and dimensions appropriate to describe construction of the element. The two details shall represent construction of two different elements, in differing materials. (Planting installation detail shall not be included in this section.)
   6. Planting plan: This plan shall depict the identification and arrangement of plant material within the framework of a site or master plan. Plants from the basic categories of ground covers, shrubs, and trees shall be incorporated. A sample installation detail and plant list including scientific plant names, sizes, and quantities, shall accompany the plan.
   7. Specifications: Written specifications shall state general conditions and precise qualitative requirements for materials and workmanship, pertaining to construction of the subject element.
   In the event the applicant worked as part of a team on any project submitted, the applicant shall provide verification from the supervisor or employer as to the extent of the applicant’s involvement in the project. (b) In determining the credit to be given for completion of education, an applicant will be granted up to 2 years credit for general college work. An additional 2 years credit will be given for college work at an accredited college or university in the fields of landscape architecture, civil or environmental engineering, or architecture. (2) For the purposes of satisfying the provisions of Section 481.310, F.S., applicants for licensure as a registered landscape architect, except those that hold a master of landscape architecture degree and a bachelor’s degree in a related field, shall demonstrate, prior to licensure, one year of practical experience in landscape architectural work as follows: (a) One year of practical experience shall be 2000 hours of landscape architectural work. (b) All experience shall be under the supervision of a registered landscape architect. (c) Experience shall be computed at the rate of (1) hour experience credit for each one (1) hour of documented experience. (d) All experience shall be in one or more of the areas described in sub-subparagraphs (1)(a)2.a.-g. of this rule, namely: site design, staking/layout plan, grading and drainage plan, irrigation plan, construction details, planting plan, and specification. (e) Individuals applying for licensure by endorsement who have been actively licensed for at least five (5) years and who have not been subject to disciplinary action in any jurisdiction within the last five (5) years may provide a verification of licensure from the licensing state as proof of meeting the practical experience requirement in lieu of the Practical Experience Verification Form (LA6), incorporated by reference in Rule 61-35.017, F.A.C. (f) A bachelor’s degree in a related field includes a degree from an accredited college or university with a major in landscape architecture, civil or environmental engineering, or architecture. Rulemaking Authority 481.306, 481.310 FS. Law Implemented 481.309(1)(b), 481.310 FS. History–New 2-4-80, Amended 10-13-81, 12-17-85, Formerly 21K-11.04, Amended 8-3-87, 1-29-91, Formerly 21K-11.004, Amended 1-2-00, 6-21-17, 9-18-19, 10-28-20. 61G10-11.010 Seals. (1) Each registered landscape architect who holds a valid certificate of registration shall obtain a seal which shall include the words “STATE OF FLORIDA,” “LANDSCAPE ARCHITECT,” and the licensee's name as it appears on his or her certificate of registration, as well as the certificate number. The seal shall be capable of leaving a permanent ink representation or other form of embossing or opaque and permanent impression, which also may be computer-generated impressions, on the surface of prints or other duplications of drawings and, as appropriate, upon specification pages and other articles of service. Where required, electronic files shall be sealed in accordance with rule 61G10-11.011, F.A.C. (2) All plans, specifications, or reports, including all permit documents, prepared or issued by the registered landscape architect and filed for public record shall be signed by the registered landscape architect, dated and stamped with his seal. A registered landscape architect may sign and seal an index sheet or sheets which identify each individual work for which the signature and seal of a registered landscape architect is required, rather than signing and sealing each individual work. No registered landscape architect shall affix, or permit to be affixed, his seal or signature to any work the registrant is not competent to perform. The signature, date and seal constitute evidence of the authenticity of the document to which they are affixed. (3) A registered landscape architect shall not affix, or permit to be affixed, his seal or signature to any work unless at the time the seal is affixed, the registrant holds a valid certificate of registration. Rulemaking Authority 481.306 FS. Law Implemented 481.321 FS. History–New 3-13-89, Formerly 21K-11.010, Amended 1-18-98, 1-2-00, 1-12-15. 61G10-11.011 Electronic Transmission of Plans, Specifications, Reports, and Seals. (1) Landscape architecture work, which must be sealed under provisions of Chapter 481, F.S., to be stored or transmitted in electronic format, shall be signed, dated, and sealed by the Landscape Architect. (2) A license holder may use a computer generated representation of his or her seal on electronically conveyed work; however the final hard copy documents of such landscape architecture work must contain an original signature of the license holder and date or the documents must be accompanied by an electronic signature as described in this section. A scanned image of an original signature shall not be used in lieu of an original signature or electronic signature. Landscape architecture work that contains a computer generated seal shall be accompanied by the following text or similar wording: “The seal appearing on this document was authorized by [Example: Leslie H. Doe, L.A. 0112 on (date)]” unless accompanied by an electronic signature as described in this section. (3) An electronic signature is a digital authentication process attached to or logically associated with an electronic document and shall carry the same weight, authority, and effect as an original signature. The electronic signature, which can be generated by using either public key infrastructure or signature dynamics technology, must be as follows: (a) Unique to the person using it; (b) Capable of verification; (c) Under the sole control of the person using it; (d) Linked to a document in such a manner that the electronic signature is invalidated if any data in the document are changed. Rulemaking Authority 481.306, 481.321 FS. Law Implemented 481.321 FS. History–New 2-16-06, Amended 9-22-22. 61G10-11.018 Public Comment. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 4-8-14, Transferred to 61G10-10.014.

Chapter 61G10-12 FEE SCHEDULE

Fla. Admin. Code R. 61G10-12 FEE SCHEDULE

CHAPTER 61G10-12 FEE SCHEDULE 61G10-12.001 Application and Examination Fees 61G10-12.002 Fees 61G10-12.001 Application and Examination Fees. (1) The examination application fee shall be one hundred dollars ($100.00), payable to the Department. (2) The examination fee for the Florida Section is three hundred dollars ($300.00), of which two hundred and sixty-seven dollars ($267.00) is payable to the Department and is due at the time of application, and thirty-three dollars ($33.00) is payable to the Department’s contracted testing service and is due at the time of the testing. (3) When conducted by a professional testing service, applicants retaking the Florida Section shall only pay the fee payable to the testing service. (4) Notwithstanding (1) above, the examination application fee shall be waived for any applicant applying for and taking the examination within 24 months of completion of the professional degree pursuant to Section 481.309(1)(b)1., F.S. (5) This rule shall be reviewed, and if necessary, repealed, modified or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 481.306, 481.307 FS. Law Implemented 455.217(7), 481.307 FS. History–New 2-4-80, Amended 3-9-84, 7-26-84, Formerly 21K-12.01, Amended 10-7-87, 11-12-89, 3-11-91, Formerly 21K-12.001, Amended 8-7-95, 1-13-99, 8-16-99, 8-27-00, 8-21-05, 4-13-08, 3-15-12, 3-10-14, 7-6-16, 10-1-19, 9-22-22. 61G10-12.002 Fees. (1) The application fee for licensure by endorsement shall be one hundred and fifty dollars ($150.00). (2) The fee for initial licensure is one hundred and twelve dollars and fifty cents ($112.50). (3) The fee for biennial renewal of a certificate of registration shall be two hundred twenty-five dollars ($225.00). (4) The fee for renewing an inactive license shall be fifty dollars ($50.00). (5) The application fee for a temporary license shall be four hundred and fifty dollars ($450.00). (6) There shall be a five dollar ($5.00) fee collected by the Department upon initial licensure and licensure renewal for the purpose of combating unlicensed activity. (7) The delinquency fee shall be one twenty-five dollars ($25.00). (8) A processing fee of fifty dollars ($50.00) will be charged when a licensee changes status at any time during the biennium, other than the normal biennial renewal period. (9) The application fee for reinstatement of a null and void license is $450.00. Rulemaking Authority 455.219(1), 455.271, 481.306, 481.307 FS. Law Implemented 455.219(1), 455.271, 481.307, 481.303 FS. History–New 2-4-80, Formerly 21K-12.02, Amended 8-19-86, 11-12-89, 2-13-92, Formerly 21K-12.002, Amended 5-3-99, 4-3-06, 11-27-14, 11-6-17, 11-27-18, 10-1-19, 3-14-21.

Chapter 61G10-13 INACTIVE/VOID STATUS

Fla. Admin. Code R. 61G10-13 INACTIVE/VOID STATUS

CHAPTER 61G10-13 INACTIVE/VOID STATUS 61G10-13.003 Continuing Education Requirements 61G10-13.004 Renewal and Reactivation of Fees 61G10-13.005 Obtaining Inactive Status 61G10-13.007 Reactivation of Inactive License 61G10-13.008 Delinquent License Status 61G10-13.009 Reinstatement of Void Licenses 61G10-13.003 Continuing Education Requirements. (1) The continuing education requirements for reactivating an inactive license are eight (8) instructional hours for each year the license was inactive but shall not exceed sixteen (16) instructional hours. (2) Only those continuing education hours earned at continuing education courses approved pursuant to rule Chapter 61G10-18, F.A.C., and offered by providers also approved pursuant to rule Chapter 61G10-18, F.A.C., will be accepted. Rulemaking Authority 481.315(2) FS. Law Implemented 481.315(2) FS. History–New 2-4-80, Formerly 21K-13.03, 21K-13.003, Amended 9-20-01, 1-27-08. 61G10-13.004 Renewal and Reactivation of Fees. The fee for renewal of an inactive license shall be fifty dollars. The fee for reactivation of an inactive license shall be fifty dollars in addition to the biennial renewal fee. Rulemaking Authority 481.315 FS. Law Implemented 481.315 FS. History–New 6-21-84, Formerly 21K-13.04, 21K-13.004. 61G10-13.005 Obtaining Inactive Status. (1) A license to practice landscape architecture which is not renewed before the license expires shall automatically revert to delinquent status for the next licensure cycle. (2) A registered landscape architect may apply to the Department to reactivate or place the license on inactive status at any time. (3) Pursuant to Section 481.325(1)(i), F.S., it is unlawful to practice landscape architecture with an inactive license. Rulemaking Authority 481.306, 481.315(2), 455.271(2), (5) FS. Law Implemented 481.315(2), 455.271(2), (5) FS. History–New 3-13-89, Formerly 21K-13.005, Amended 11-19-00, 9-20-01, 1-9-13. 61G10-13.007 Reactivation of Inactive License. (1) An inactive licensee may change to active status at any time, provided the licensee meets all the requirements for active status. (2) A license which has become inactive may be reactivated upon application to the Department and demonstration of compliance with the following conditions: (a) Payment of the reactivation fee specified in Rule 61G10-12.002, F.A.C. (b) Proof of completion of continuing education which fulfills the requirements of Rule 61G10-13.003, F.A.C. (3) The Department shall not reactivate a license unless the inactive licensee has paid all biennial renewal fees and the change of status reactivation of license fee. (4) The status or change in status of a licensee shall not alter the Board’s right to impose discipline or enforce discipline previously imposed on a licensee for acts or omissions committed by a licensee while holding an active, inactive or delinquent license. Rulemaking Authority 455.271(4), (9), (11), 481.306, 481.315 FS. Law Implemented 455.271(4), (9), (11), 481.315 FS. History–New 3-13-89, Formerly 21K-13.007, Amended 11-19-00, 9-20-01, 1-27-08. 61G10-13.008 Delinquent License Status. (1) The failure of a licensee to elect active or inactive status before the renewal period ends shall cause the license to become delinquent as soon as the new biennium begins. (2) The delinquent status licensee must apply for active or inactive status during the biennium in which the license becomes delinquent. Failure to notify the Department in regards to active or inactive status before the expiration of that biennium shall render the license null and void without further action by the Board or the Department. (3) The delinquent status licensee who applies for active or inactive status shall: (a) Pay the active status fee prescribed by subsection 61G10-12.002(1), F.A.C., or the inactive status fee prescribed by subsection 61G10-12.002(7), F.A.C., the delinquent status fee prescribed by subsection 61G10-12.002(10), F.A.C., and if applicable, the processing fee prescribed by subsection 61G10-12.002(11), F.A.C.; and (b) Demonstrate compliance with the continuing education requirements prescribed by Rule 61G10-13.003, F.A.C., and Section 455.2177, F.S., and the rules promulgated thereunder. (4) Pursuant to Section 481.325(1)(i), F.S., it is unlawful to practice landscape architecture with a delinquent license. Rulemaking Authority 455.2177, 455.271(6), (7), 481.306, 481.315, 481.325 FS. Law Implemented 455.2177, 455.271(6), (7), 481.315, 481.325 FS. History–New 11-6-00, Amended 9-20-01. 61G10-13.009 Reinstatement of Void Licenses. To reactivate a license that became void for reasons other than illness or hardship, the applicant shall complete Form DBPR LA 5, incorporated by reference in Rule 61-35.017, F.A.C., and submit it to the Department at the address on the Form. Rulemaking Authority 455.271(6)(a), 481.306 FS. Law Implemented 455.271(6)(a) FS. History–New 10-28-20.

Chapter 61G10-14 DISCIPLINARY MATTERS

Fla. Admin. Code R. 61G10-14 DISCIPLINARY MATTERS

CHAPTER 61G10-14 DISCIPLINARY MATTERS 61G10-14.001 Probable Cause Determination 61G10-14.002 Criteria for Selection of Investigators (Repealed) 61G10-14.003 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances 61G10-14.004 Minor Violations 61G10-14.005 Citations 61G10-14.006 Mediation 61G10-14.001 Probable Cause Determination. The determination as to whether probable cause exists to believe that a violation of the provisions of Chapters 455 and 481, Part II, F.S., or of the rules promulgated thereunder, shall be made by a probable cause panel. The panel shall be composed of two persons appointed by the chairman. One appointee must be a current board member. The panel must include a former or current professional board member. An appointee may be a former board member. Rulemaking Authority 455.225(4) FS. Law Implemented 455.225(4) FS. History–New 2-4-80, Amended 7-9-85, Formerly 21K-14.01, 21K-14.001, Amended 4-19-09. 61G10-14.002 Criteria for Selection of Investigators. Rulemaking Authority 455.203(8), 481.306 FS. Law Implemented 455.203(8) FS. History–New 5-23-82, Formerly 21K-14.02, 21K-14.002, Repealed 12-2-15. 61G10-14.003 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances. (1) This rule lists the range of penalties to be imposed on licensees who violate the provisions of Chapters 455 and 481, Part II, F.S., and associated rules. The violation is identified by the statutory or rule citation and, in most cases, a summary of the statute or rule. The actual statute or rule shall be consulted for the full text and range of prohibited conduct. The Board shall impose penalties from the penalty range provided for each first violation or subsequent violation, whichever applies. (2) When warranted by the nature of the violation, any number of the following conditions are available to be imposed as part of probation: (a) Continuing education; (b) Submission of design plans for review by a landscape architect; (c) Review of design plans predating the violation; (d) Working under the supervision of a landscape architect; (e) Limitation on the types of projects that can be undertaken; (f) One or more appearances before the Board; (g) Limitations on advertising; (3) The licensee is responsible for all costs associated with compliance with the terms of probation. Unless stated otherwise in the disciplinary order, any costs of compliance with disciplinary penalties imposed shall be paid within thirty (30) days of the effective date of the Order or of invoice, whichever is later. (4) Penalties: VIOLATION PENALTY RANGE

MINIMUM MAXIMUM

(a) Fraud in or related to the practice of the licensee’s profession. (Section 455.227(1)(a), F.S.)

First Offense From Corrective action to suspension up to 3 months, and fine up to $3,000. From Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Corrective action to suspension up to 6 months, and fine up to $3,500. From Corrective action to revocation and fine up to $5,000.

(b) Fraud, negligence, incompetency, or misconduct, in the practice of landscape architecture. (Section 481.325(1)(g), F.S.)

First Offense From Corrective action to suspension up to 3 months, and fine up to $1,000. From Corrective action to suspension up to 24 months, and fine up to $1,000.

Subsequent offenses From Corrective action to suspension up to 6 months, and fine up to $1,000. From Corrective action to suspension up to 27 months, and fine up to $1,000.

(c) Fraud or use of trick or scheme in or related to the practice of a profession. (Section 455.227(1)(m), F.S.)

First Offense From Corrective action to suspension up to 3 months, and fine up to $3,000. From Corrective action to revocation, and fine up to $5,000.

Subsequent offenses From Corrective action to suspension up to 6 months, and fine up to $3,500. From Corrective action to revocation, and fine up to $5,000.

(d) Intentionally violating any rule of the board or the department. (Section 455.227(1)(b), F.S.)

First offense From Reprimand to probation up to 3 months, and fine up to $500. From Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $1,000. From Corrective action to revocation, and fine up to $5,000.

(e) Violating any rule adopted pursuant Chapter 481, Part II, or Chapter 455, F.S. (Section 481.325(1)(h), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(f) Violating any provision of Chapter 455, F.S., the applicable professional practice act, a rule of the department or the board, or a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department. (Section 455.227(1)(q), F.S.)

First offense From Reprimand to probation up to 3 months, and fine up to $500. From Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $1,000. From Corrective action to revocation, and fine up to $5,000.

(g) Violating any provision of Section 455.227(1), 481.321, or 481.323, F.S. (Section 481.325(1)(a), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(h) Failing to perform any statutory or legal obligation placed upon a licensee. (Section 455.227(1)(k), F.S.)

First offense From Reprimand to probation up to 3 months, and fine up to $500. From Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $1,000. From Corrective action to revocation, and fine up to $5,000.

(i) Failing to perform any statutory or legal obligation placed upon a licensed landscape architect. (Section 481.325(1)(k), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(j) Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which relates to the practice of, or the ability to practice, a licensee’s profession. (Section 455.227(1)(c), F.S.)

First offense From Reprimand to probation up to 3 months, and fine up to $500. From Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $1,000. From Corrective action to revocation, and fine up to $5,000.

(k) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of landscape architecture or the ability to practice landscape architecture. (Section 481.325(1)(d), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(l) Having a license or the authority to practice the regulated profession acted against, including the denial of licensure, by the licensing authority of any jurisdiction, for a violation that would constitute a violation under Florida law. (Section 455.227(1)(f), F.S.)

First offense From Reprimand to probation up to 3 months, and fine up to $500. From Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $1,000. From Corrective action to revocation, and fine up to $5,000.

(m) Having a license to practice landscape architecture revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country. (Section 481.325(1)(c), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(n) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. (Section 455.227(1)(g), F.S.)

First Offense For Reprimand to probation up to 9 months, and fine up to $1,500. From Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 12 months, and fine up to $2,000. From Corrective action to revocation, and fine up to $5,000.

(o) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, or willfully impeding or obstructing another person to do so. Such reports or records shall include only those that are signed in the capacity of a licensee. (Section 455.227(1)(l), F.S.)

First Offense From Reprimand to probation up to 9 months, and fine up to $1,500. From Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 12 months, and fine up to $2,000. From Corrective action to revocation, and fine up to $5,000.

(p) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records include only those that are signed in the capacity of a registered landscape architect. (Section 481.325(1)(e), F.S.)

First Offense From Reprimand to probation up to 9 months, and fine up to $750. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 12 months, and fine up to $750. From Corrective action to revocation, and fine up to $1,000.

(q) Give false or forged evidence to the board or a member thereof. (Section 481.323(1)(d), F.S.)

First Offense From Reprimand to probation up to 9 months, and fine up to $750. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 12 months, and fine up to $750. From Corrective action to revocation, and fine up to $1,000.

(r) Attempting to obtain, obtaining, or renewing a license to practice a profession by bribery, fraud, or through an error of the department or the board. (Section 455.227(1)(h), F.S.)

First Offense From Corrective action to suspension up to 3 months, and fine up to $3,000. From Corrective action, probation up to 36 months, to suspension up to 24 months, and fine up to $5,000.

Subsequent offenses From Corrective action to suspension up to 6 months, and fine up to $3,500. From Corrective action to suspension up to 27 months, and fine up to $3,500.

(s) Attempting to procure a license to practice landscape architecture by bribery or fraud. (Section 481.325(1)(b), F.S.)

First Offense From Corrective action to suspension up to 3 months, and fine up to $1,000. From Corrective action to suspension up to 24 months, and fine up to $1,000.

Subsequent offenses From Corrective action to suspension up to 6 months, and fine up to $1,000. From Corrective action to suspension up to 27 months, and fine up to $1,000.

(t) Failing to report any person who the licensee knows is in violation of this chapter, the Chapter 481, Part II, F.S., or the rules of the department or the board. (Section 455.227(1)(i), F.S.)

First Offense From Reprimand to probation up to 3 months, and fine up to $500. From Corrective action to suspension up to 6 months, and fine up to $3,500.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $1,000. From Corrective action to suspension up to 9 months, and fine up to $4,000.

(u) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this chapter, Chapter 481, Part II, F.S., or the rules of the department or the board. (Section 455.227(1)(j), F.S.)

First offense From Reprimand to probation up to 3 months, and fine up to $500. From Corrective action to revocation, and and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $1,000. From Corrective action to revocation, and fine up to $5,000.

(v) Aiding, assisting, procuring, or advising any unlicensed person to practice landscape architecture contrary to Chapter 481, Part II, F.S., or to any rule of the department or of the board. (Section 481.325(1)(j), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(w) Employ unlicensed persons to practice landscape architecture. (Section 481.323(1)(f), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(x) Aid and abet an unauthorized person in the practice of landscape architecture. (Section 481.323(1)(g), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(y) Practice landscape architecture unless the person is a holder of a valid license. (Section 481.323(1)(a), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(z) Practicing on a revoked, suspended, inactive, or delinquent license. (Section 481.325(1)(i), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(aa) Present as his or her own the license of another. (Section 481.323(1)(c), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(bb) Use or attempt to use a landscape architect license that has been suspended, revoked, or placed on inactive or delinquent status. (Section 481.323(1)(e), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(cc) Practicing or offering to practice beyond the scope permitted by law or performing work the licensee knows he or she is not competent to perform. (Section 455.227(1)(o), F.S.)

First Offense From Reprimand to probation up to 9 months, and fine up to $1,500. From Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 12 months, and fine up to $2,000. From Corrective action to revocation, and fine up to $5,000.

(dd) Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified to perform them. (Section 455.227(1)(p), F.S.)

First Offense From Reprimand to probation up to 9 months, and fine up to $1,500. From Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 12 months, and fine up to $2,000. From Corrective action to revocation, and fine up to $5,000.

(ee) Use the name or title “landscape architect,” “landscape architecture,” “landscape architectural,” “landscape engineering,” “L.A.,” or words to that effect, or advertise any title or description tending to convey the impression that he or she is a landscape architect when he or she is not then the holder of a valid license issued pursuant to this part. (Section 481.323(1)(b), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to suspension up to 6 months, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to suspension up to 9 months, and fine up to $1,000.

(ff) Failure of the landscape architect to include her or his certificate number in advertisement used by the registered landscape architect, corporation, or partnership. (Section 481.321(5), F.S., Rule 61G10-15.003, F.A.C.)

First Offense From Reprimand to probation up to 3 months. From Reprimand to probation up to 6 months, and fine up to $500.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Reprimand to probation up to 9 months, and fine up to $750.

(gg) Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content. (Section 481.325(1)(f), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to suspension up to 6 months, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to suspension up to 9 months, and fine up to $1,000.

(hh) Exercising influence on the client for financial gain of the licensee or a third party. (Section 455.227(1)(n), F.S.)

First Offense From Reprimand to probation up to 9 months, and fine up to $1,500. From Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 12 months, and fine up to $2,000. From Corrective action to revocation, and fine up to $5,000.

(ii) Interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. (Section 455.227(1)(r), F.S.)

First Offense From Reprimand to probation up to 3 months, and fine up to $500. From Corrective action to suspension up to 6 months, and fine up to $3,500.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $1,000. From Corrective action to suspension up to 9 months, and fine up to $4,000.

(jj) Conceal information relative to violations of Chapter 481, Part II, F.S. (Section 481.323(1)(h), F.S.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to suspension up to 6 months, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to suspension up to 9 months, and fine up to $1,000.

(kk) Failing to report in writing to the Board within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. (Section 455.227(1)(t), F.S.)

First Offense From Reprimand to probation up to 3 months, and fine up to $500. From Corrective action to suspension up to 6 months, and fine up to $3,500.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $1,000. From Corrective action to suspension up to 9 months, and fine up to $4,000.

(ll) Termination from an impaired practitioner program as described in Section 456.076, F.S., for failure to comply, without good cause, or failure to successfully complete a drug or alcohol treatment program. (Section 455.227(1)(u), F.S.)

First offense From Reprimand to probation up to 3 months, and fine up to $500. For Corrective action to revocation, and fine up to $5,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $1,000. From Corrective action to revocation, and fine up to $5,000.

(mm) A landscape architect applying to practice in the name of a corporation must file with the department the names and addresses of all officers and board members of the corporation, and all individuals registered to practice landscape architecture by the corporation who are in responsible charge of the practice of landscape architecture by the corporation in this state. (Section 481.319(3), F.S.)

First Offense From Reprimand to probation up to 3 months. From Reprimand to probation up to 6 months, and fine up to $500.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Reprimand to probation up to 9 months, and fine up to $750.

(nn) A landscape architect qualifying as a partnership or corporation must notify the department within 1 month after any change in the information contained in the application upon which the license is based. Any landscape architect who terminates her or his employment with a partnership or corporation licensed under this part shall notify the department of the termination within 1 month. (Section 481.319(4), F.S.)

First Offense From Reprimand to probation up to 3 months. From Reprimand to probation up to 6 months, and fine up to $500.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Reprimand to probation up to 9 months, and fine up to $750.

(oo) Allowing one’s seal to be used on a document not prepared by him or her. (Section 481.325(1)(l), F.S.)

First Offense From Corrective action to suspension up to 3 months, and fine up to $1,000. From Corrective action to suspension up to 24 months, and fine up to $1,000.

Subsequent offenses From Corrective action to suspension up to 6 months, and fine up to $1,000. From Corrective action to suspension up to 27 months, and fine up to $1,000.

(pp) Signing and sealing any final plan, specification, or report after the seal holder’s certificate of registration is expired, suspended or revoked. Failure to surrender suspended or revoked seal to the Executive Director within 30 days. Failure to confirm surrender of electronic seal in accordance with Sections 668.001-668.006, F.S. (Section 481.321(2), F.S., Subsection 61G10-11.010(3), F.A.C.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(qq) A seal shall include the words “STATE OF FLORIDA,” “LANDSCAPE ARCHITECT,” the licensee’s name as it appears on his or her certificate of registration, and the certificate number. Seal shall leave a permanent ink representation or other form of embossing or opaque and permanent impression, which also may be computer-generated impressions, on the surface of prints or other duplications of drawings and, as appropriate, upon specification pages and other articles of service. (Subsection 61G10-11.010(1), F.A.C.)

First Offense

From Reprimand to probation up to 3 months. From Reprimand to probation up to 12 months, and fine up to $750.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to probation up to 15 months, and fine up to $1,000.

(rr) All plans, (specifications, or reports, including all permit documents, prepared or issued by the registered landscape architect and filed for public record shall be signed by the registered landscape architect, dated and stamped with his seal. (Subsection 61G10-11.010(2), F.A.C.)

First Offense From Reprimand to probation up to 3 months. From Reprimand to probation up to 12 months, and fine up to $750.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to probation up to 15 months, and fine up to $1,000.

(ss) No registered landscape architect shall affix, or permit to be affixed, his seal or signature to any work the registrant is not competent to perform. (Subsection 61G10-11.010(2), F.A.C.)

First Offense From Reprimand to probation up to 9 months, and fine up to $750. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 12 months, and fine up to $750. From Corrective action to revocation, and fine up to $1,000.

(tt) Affixing or allowing to be affixed the landscape architect’s seal or name to any plan, specification, drawing, or other document which was not prepared by the landscape architect or under her or his responsible supervising control, or which was not reviewed, approved, or modified, and adopted by her or him as her or his own work with full responsibility as a landscape architect for such documents. (Section 481.321(3), F.S.)

First Offense From Corrective action to suspension up to 3 months, and fine up to $1,000. From Corrective action to suspension up to 24 months, and fine up to $1,000.

Subsequent offenses From Corrective action to suspension up to 6 months, and fine up to $1,000. From Corrective action to suspension up to 27 months, and fine up to $1,000.

(uu) Violation of provisions governing electronic sealing and transmission of plans, specifications and reports in Section 481.321(1), F.S., and Rule 61G10-11.011, F.A.C.

First Offense From Reprimand to probation up to 3 months. From Reprimand to probation up to 12 months, fine up to $750.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to probation up to 15 months, and fine up to $1,000.

(vv) Violate standards of competence to perform mangrove trimming. (Rule 61G10-17.001, F.A.C.)

First Offense From Reprimand to probation up to 3 months. From Corrective action to revocation, and fine up to $1,000.

Subsequent Offenses From Reprimand to probation up to 6 months, and fine up to $500. From Corrective action to revocation, and fine up to $1,000.

(5) The Board shall take into consideration the following factors in determining the appropriate disciplinary action to be imposed and in going outside of the disciplinary guidelines: (a) The danger to the public; (b) The number of specific offenses; (c) The actual damage, physical or otherwise, to specific clients; (d) The length of time since the date of the last violation(s); (e) The length of time the licensee has practiced his or her profession; (f) Prior discipline imposed on the licensee; (g) The deterrent effect of the penalty imposed; (h) The effect of the penalty upon the licensee; (i) Efforts by the licensee toward rehabilitation; (j) Attempts by the licensee to correct or stop violations. Rulemaking Authority 481.306, 481.325, 455.2273 FS Law Implemented 481.323, 481.325, 455.227, 455.2273, 403.9329(1)(e) FS. History–New 11-24-86, Formerly 21K-14.003, Amended 11-19-00, 11-15-21. 61G10-14.004 Minor Violations. (1) Subject to the limitations imposed by this rule, the following violations are designated as minor for the purposes of Section 455.225(3), F.S. (a) Violation of Section 481.325(1)(i) by practicing on an inactive license provided such license is reactivated within two months of its expiration. (b) Violation of Rule 61G10-15.003, F.A.C., so long as there is no allegation of consumer injury as a result of the violation and the advertisement which is in violation is capable of being withdrawn from circulation to the public within 15 days of issuance of the notice of nomcompliance. (c) Violation of subsections 61G10-11.010(1)-(2), F.A.C., providing that any violation is rectified within 15 days of the issuance of the notice of noncompliance. (2) The designation of violations as minor for the purposes of Section 455.255(3), F.S., is limited to initial violations. (3) A monthly report of notices of noncompliance issued by the Department shall be reviewed by the Board to monitor the use and success of this procedure. (4) Notices of noncompliance issued shall be reviewed by the Probable Cause Panel in any consideration of subsequent allegations of similar violations by the licensee. Rulemaking Authority 455.225(3) FS. Law Implemented 455.225(3) FS. History–New 11-8-90, Formerly 21K-14.004. 61G10-14.005 Citations. (1) The offenses enumerated in this rule may be disciplined by the issuance of a citation by the Department of Business and Professional Regulation as provided in Section 455.224, F.S. The citation shall impose a fine of $500.00 and the Department may impose the costs of investigation. If the citation option is accepted by the licensee, the offense will not be brought to the attention of the probable cause panel of the Board. The citation and fine option is available only to first time offenders, and no citation may be issued if more than one offense can be charged in the case. (2) The offenses which may be subject to citation are as follows: (a) False, deceptive or misleading advertising in violation of Section 481.325(1)(f), F.S., or Rule 61G10-14.003, F.A.C., so long as the landscape architect has received no compensation for service sought by a client as a result of the advertising. (b) Violation of Section 481.325(1)(i), F.S., by practicing on an inactive license provided such license is reactivated within two months of its expiration. (3) Prior to issuance of the citation, the Department must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety, and welfare, such potential for harm must be removed prior to issuance of the citation. (4) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions. Rulemaking Authority 481.306, 455.224 FS. Law Implemented 455.224 FS. History–New 1-1-92, Formerly 21K-14.005. 61G10-14.006 Mediation. Pursuant to Section 455.2235, F.S., the Board designates the following areas as appropriate for mediation; (1) Violation of Section 481.325(1)(i), F.S., by practicing on an inactive license. Mediation is appropriate only for a first offense. (2) False, deceptive or misleading advertising in violation of Section 481.325(1)(f), F.S., or Rule 61G10-14.003, F.A.C., so long as the landscape architect has received no compensation for service sought by a client as a result of the advertising. Mediation is appropriate only for a first offense. Rulemaking Authority 455.2235 FS. Law Implemented 455.2235 FS. History–New 2-13-95.

Chapter 61G10-15 SCOPE OF PRACTICE

Fla. Admin. Code R. 61G10-15 SCOPE OF PRACTICE

CHAPTER 61G10-15 SCOPE OF PRACTICE 61G10-15.001 Practice of Landscape Architecture 61G10-15.002 Tangible Objects and Features 61G10-15.003 Advertising 61G10-15.004 Successor Landscape Architects 61G10-15.005 Responsible Supervision Control Over Landscape Architectural Practices in the Landscape Architect’s Office (Repealed) 61G10-15.001 Practice of Landscape Architecture. The practice of landscape architecture may include the following: (1) Consultation, research, analysis and assessment, selection and allocation of land and water resources; (2) Formulation of graphic and written criteria to govern the planning and design of land construction and development plans pertinent to the practice of landscape architecture, including: (a) The preparation, review and analysis of master and site plans, and the review and analysis of subdivision and land development plans; (b) Reconnaissance, planning, design and preparation of drawings, construction documents and specifications, and responsible construction supervision; (c) The preparation and submittal of stormwater management plans and permit applications, environmental plans and permit applications, and environmental mitigation plans consistent with applicable laws, rules and regulations; (3) Consultation, coordination and review of technical submissions, plans and construction documents prepared by other professionals, or others, working under the authority of a registered landscape architect; (4) Land preservation, restoration, conservation, reclamation, rehabilitation, management and development, and where appropriate the performance of such with other design professionals; (5) Feasibility studies, site selection, cost estimates, and reports associated with the development of land and incidental water areas; (6) Integration, site analysis, and determination of the location of buildings, structures, pedestrian systems, transportation systems, and environmental systems; (7) Analysis and design of grading and drainage, stormwater management, irrigation, systems for erosion and sediment control, and pedestrian and vehicular circulation systems where such systems are pertinent to the practice of landscape architecture; (8) Determination and placement of site improvements including the design of site amenities, accessibility components, plantings and other tangible objects and features associated with the practice of landscape architecture; (9) Analysis, design, construction and management of wetlands, and where appropriate the performance of such with other design professionals; and (10) Analysis, design, and construction of Florida-friendly landscape systems as defined in Section 373.185, F.S. Rulemaking Authority 481.306, 481.310, 481.325(2) FS. Law Implemented 481.309(1), 481.310, 481.325 FS. History–New 12-6-89, Formerly 21K-15.001, Amended 8-5-98, 1-9-13. 61G10-15.002 Tangible Objects and Features. The following tangible objects and features as used in Section 481.303(6)(d), F.S., have been deemed by the Board to be necessary to the purpose outlined in Part II, Chapter 481, F.S.: (1) Steps and ramps (2) Fountains and pools (3) Fences, screens, dividers and walls (4) Overhead structures (i.e. trellis) (5) Decks (6) Retaining walls (7) Play equipment (8) Benches and planters (9) Drainage structures (10) Lighting (11) Pavement (12) Curbs (13) Planting (14) Site furnishings Rulemaking Authority 481.306 FS. Law Implemented 481.303(4)(d) FS. History–New 12-6-89, Formerly 21K-15.002. 61G10-15.003 Advertising. Section 481.321(5), F.S., requires that each registered landscape architect display his or her certificate number in any newspaper, telephone directory or other advertising medium. Advertisements of corporations or partnerships offering landscape architectural services to the public shall display certificate number of the qualifying landscape architect for the corporation or partnership. The term “other advertising medium” shall be deemed to include business cards, stationery, magazines, billboards, proposals, contracts, job site signs, and electronic media. The term “other advertising medium” shall not be deemed to include articles of clothing and other promotional novelty items. Rulemaking Authority 481.306 FS. Law Implemented 481.321 FS. History–New 12-6-89, Formerly 21K-15.003, Amended 7-8-09, 11-25-19, 10-28-20, 9-22-22. 61G10-15.004 Successor Landscape Architects. (1) A “successor landscape architect” is a registered landscape architect who has reviewed, approved, or modified, and adopted any plan, specification, drawing, or other document which was prepared, signed and placed under seal by another registered landscape architect. (2) A successor landscape architect must thoroughly document verification of the original registered landscape architect’s work including calculations, site visits, and research. In addition, the successor landscape architect assumes all professional and legal responsibility for the documents which have been reviewed, approved, or modified and adopted by succesor landscape architect. (3) The successor landscape architect is not required to redraw plans so long as justification for such action is thoroughly documented by the successor landscape architect. (4) The title block, seal and signature of the successor landscape architect must be used and the title block, seal and signature of the original registered landscape architect must be removed before sealing, signing and dating any sealed contract documents. (5) Prior to sealing, signing and dating work, a successor registered landscape architect shall notify the original registered landscape architect, including any successors or assigns, by certified letter to the last known address of the original registered landscape architect. Said notification shall include a statement of the successor’s intention to use or reuse the original registered landscape architect’s work. The successor landscape architect shall have full responsibility for the drawings as though they were the successor’s original product. Rulemaking Authority 481.306 FS. Law Implemented 481.321(3) FS. History–New 11-17-92, Formerly 21K-15.004, Amended 11-25-19. 61G10-15.005 Responsible Supervision Control Over Landscape Architectural Practices in the Landscape Architect’s Office. Rulemaking Authority 481.306 FS. Law Implemented 481.321(3), (5) FS. History–New 11-17-92, Formerly 21K-15.005, Amended 11-18-07, 7-8-09, Repealed 11-21-11.

Chapter 61G10-17 MANGROVE TRIMMING AND PRESERVATION QUALIFYING TRAINING

Fla. Admin. Code R. 61G10-17 MANGROVE TRIMMING AND PRESERVATION QUALIFYING TRAINING

CHAPTER 61G10-17 MANGROVE TRIMMING AND PRESERVATION QUALIFYING TRAINING 61G10-17.001 Standards to Ensure Competence to Perform Mangrove Trimming and Preservation 61G10-17.002 Mangrove Trimming and Preservation Continuing Legal Education Requirements 61G10-17.001 Standards to Ensure Competence to Perform Mangrove Trimming and Preservation. (1) Each registered landscape architect who complies with the following standards qualifies as a Professional Mangrove Trimmer, pursuant to Section 403.9329(1)(e), F.S., for purposes of Sections 403.9321-.9333, F.S., the Mangrove Trimming and Preservation Act (the Act). The landscape architect shall: (a) Have a valid Florida license to practice landscape architecture; (b) Know the physiology of mangrove species; (c) Know and comply with the provisions of the Act; and, (d) Know and comply with the applicable provisions of a local government that receives delegation pursuant to Section 403.9324, F.S. (2) Each registered Landscape Architect who qualifies as a Professional Mangrove Trimmer shall conduct mangrove trimming activities authorized pursuant to the Act in accordance with the following standards: (a) Trimming of mangroves shall not interfere with continued growth, vigor and reproduction; (b) Invasive exotic species are removed; (c) Ingress and egress from the site are planned and executed to protect mangrove roots and native shoreline plant habitat; (d) Spills of toxic or hazardous substances are avoided; (e) Maintain familiarity and compliance with the provisions of the Act; and (f) Maintain familiarity and compliance with the applicable provisions of a local government that receives delegation pursuant to Section 403.9324, F.S. (3) Each registered landscape architect who qualifies as a Professional Mangrove Trimmer shall conduct the activities authorized under the Act in a manner consistent with professional and ethical standards. Violations of the Act or any other applicable law as provided for in Chapters 455 and 481, Part II, F.S., or the applicable rules of the Board shall be grounds for discipline. Rulemaking Authority 481.306 FS. Law Implemented 403.9329(1) FS. History–New 1-31-96, Amended 1-18-98. 61G10-17.002 Mangrove Trimming and Preservation Continuing Legal Education Requirements. (1) All Landscape Architects who, after November 30, 1997, practice mangrove trimming and preservation pursuant to Sections 403.9321-.9333, F.S. (Mangrove Trimming and Preservation Act) shall maintain familiarity with Part II of Chapter 481 and Sections 403.9321-.9333, F.S., and with all rules promulgated by the Board of Landscape Architecture. (2) Upon application for a Landscape Architect’s License or for any renewal or reinstatement thereof, any applicant who has met the requirements of Rule 61G10-17.001, F.A.C., and who desires to continue to practice mangrove trimming and preservation shall state to the Department, in writing that she or he has, within three months prior thereto, read and understands the standards established in subsection (1). Rulemaking Authority 481.306 FS. Law Implemented 403.9329(1) FS. History–New 1-18-98.

Chapter 61G10-18 CONTINUING EDUCATION PROVIDERS

Fla. Admin. Code R. 61G10-18 CONTINUING EDUCATION PROVIDERS

CHAPTER 61G10-18 CONTINUING EDUCATION PROVIDERS 61G10-18.001 Continuing Education Credit Requirements 61G10-18.002 Board Approval of Continuing Education Providers 61G10-18.003 Obligations of Continuing Education Providers 61G10-18.004 Evaluations of Providers (Repealed) 61G10-18.005 Duration of Provider Status 61G10-18.006 Approval of Continuing Education Courses 61G10-18.007 Revocation of Provider Approval 61G10-18.001 Continuing Education Credit Requirements. Every person licensed pursuant to Chapter 481, Part II, F.S., must obtain at least sixteen (16) continuing education credits per biennium. There shall be no carryover of hours permitted from one licensure renewal biennium to the next. (1) Upon renewal the licensee shall take the following continuing education courses per biennium: (a) A minimum of one (1) of the sixteen (16) required credits must be obtained by completing an approved provider’s advanced or specialized course on the Uniform Building Code; and (b) A minimum of one (1) of the required sixteen (16) credits must be obtained by completing an approved provider’s course on Florida’s laws and rules affecting the practice of landscape architecture according to Chapter 481, F.S., or by attending a board meeting in accordance with subsection (4) of this rule; and (c) A minimum of fourteen (14) of the sixteen (16) required hours of continuing education credits are considered general credits must be obtained from any of the following:

1. The completion of courses in landscape architecture subjects at universities and colleges shall be accredited by an accrediting agency that is recognized by the United States Office or Department of Education, including accredited junior and community college programs. Each transcript documented semester university or college hour credit is the equivalent of two continuing education credits. A “course in a landscape architecture subject” is a course that is defined in subsection 61G10-18.006(5), F.A.C.;
   1. Any continuing education credit from an academic institution must be submitted to the Department ninety (90) days prior to the licensees’ renewal on November 30th of odd-numbered years.
   2. A certified copy of the transcript from the registrar of the academic institution shall be evidence of the continuing education credit for the academic institution.
2. The completion of courses approved by the Board and offered by continuing education providers approved by the Board for the provision of continuing education credit hours. The number of hours of credit shall be consistent with Rule 61G10-18.003, F.A.C.; and
3. Additional hours over the minimum required for Florida building code and Florida Laws and Rules would apply to the remaining fourteen (14) hour general credit requirement.
4. Continuing education course credit will be calculated as one credit per fifty minutes of course attendance. (2) A first time Florida license, licensed 12 to 24 months prior to the end of a biennial period, shall complete the following eight (8) hours of continuing education as a condition of renewal. (a) A minimum of one (1) of the required eight (8) credits must be obtained by completing a course on Florida’s laws and rules affecting the practice of landscape architecture according to Chapter 481, F.S., or by complying with subsection (5). (b) Hours spent taking the core curriculum Building Code Training Program shall count toward hours of continuing education for license renewal. (c) The remaining hours of continuing education credits must be obtained from the following:
5. The completion of courses in landscape architecture subjects at universities and colleges shall be accredited by an accrediting agency that is recognized by the United States Office or Department of Education, including accredited junior and community college programs. Each transcript documented semester university or college hour credit is the equivalent of two continuing education credits. A “course in a landscape architecture subject” is a course that is defined in subsection 61G10-18.006(5), F.A.C.;
   1. Any continuing education credit from an academic institution must be submitted to the Department ninety (90) days prior to the licensees’ renewal on November 30th of odd-numbered years.
   2. A certified copy of the transcript from the registrar of the academic institution shall be evidence of the continuing education credit for the academic institution.
6. The completion of courses approved by the Board and offered by continuing education providers approved by the Board for the provision of continuing education credit hours. The number of hours of credit shall be consistent with Rule 61G10-18.003, F.A.C.
7. Continuing education course credit will be calculated as one credit per fifty minutes of course attendance. (3) A person initially licensed for less than twelve (12) months prior to the end of a biennial period need not complete any continuing education as a condition of renewal. (4) Continuing Education ‒ Attendance at Board meetings. Two continuing education credits, one (1) credit in laws and rules of the Board and one (1) general credit, may be obtained each calendar year by attending one board meeting or four hours of a Board meeting conducted by the Board of Landscape Architects and complying with the following: (a) The licensee must sign in with staff of the Board before the meeting day begins. (b) The licensee must remain in continuous attendance. (c) The licensee must sign out with staff of the Board at the end of the meeting day or at such earlier time as affirmatively authorized by the Board. A licensee may receive continuing education credit in laws and rules for attending the Board meeting only if he or she is attending on that date solely for that purpose; he or she may not receive such credit if appearing at the Board meeting for another purpose. (d) Board members shall receive 4 hours of laws and rules continuing education credit per biennium for participation at two or more Board meeting(s). (5) Instructors, teachers, lecturers, panelists and discussion leaders for continuing education courses shall be credited for continuing educational purposes at twice the credit granted participants for the first presentation of a specific course or program, the same as the credit granted a participant for the second presentation and none thereafter. (6) Licensees who participate in the development of Florida exam questions may be awarded up to six (6) hours of continuing education credit, comprised of two (2) hours of laws and rules and 4 hours of general credit, upon request to the Board. (7) The Board may, upon request of a licensee suffering a hardship, temporarily waive the continuing education requirement for one year. The licensee must make the request, in writing to the Board of Landscape Architecture, 2601 Blair Stone Road, Tallahassee, FL 32399-0751, or by way of http://myflorida.com/dbpr/, detailing the hardship at least 60 days prior to the renewal. Rulemaking Authority 481.306, 481.313 FS. Law Implemented 455.2124, 481.313 FS. History–New 9-19-01, Amended 7-3-03, 3-1-05, 11-12-07, 9-6-09, 12-28-09, 11-29-10, 11-25-19, 12-1-21. 61G10-18.002 Board Approval of Continuing Education Providers. (1) To demonstrate the education and/or experience necessary to instruct landscape architects in the conduct of their practice for continuing education credit, an applicant for continuing education provider status must be either a vendor of equipment material or software used in the practice of landscape architecture, an accredited educational institution, a commercial educator, a governmental agency, a state or national professional association whose primary purpose is to promote the knowledge skills and abilities associated with the practice of landscape architecture, or a landscape architect with a Florida license to practice landscape architecture who is not under disciplinary restrictions pursuant to any order of the Board. In addition, the applicant must demonstrate particular education, experience or skill which sets the applicant apart from the landscape architects who the applicant proposes to instruct. (2) To allow the Board to evaluate an application for continuing education provider status, the applicant must submit the following on Form DBPR LA BET 1, “Provider Approval Application,” incorporated by reference in DBPR Rule 61-35.017, F.A.C., a copy of which can be obtained from the Board office: (a) The name, address and telephone number and if available email address and fax number of the prospective provider; (b) Type of organization applying: Accredited University, College or Community College, Vocational/Technical School, Private School, Professional Organization, Association or Independent Entity; (c) A sample copy certificate of completion which the provider shall supply to all licensees who successfully complete courses given by the provider. The certificate of completion shall indicate on its face area, the provider name, the provider number, course title, course number, licensee name, licensee license number, date course was completed, total number of hours successfully completed in each subject covered during the continuing education course; and (d) A non refundable application fee of $250. (e) A summary of qualifications to demonstrate compliance with subsection 61G10-18.002(1), F.A.C., including:
8. Whether applicant is an individual seeking provider status, a business entity seeking provider status, a professional organization seeking provider status, a governmental entity seeking provider status or an educational facility seeking provider status.
9. The scope of applicant's business.
10. The length of time the applicant has been in the business of offering continuing education courses.
11. The geographical size of business or professional organization e.g., an international company or organization, a national company or organization, a regional company or organization, or a local company or organization.
12. Whether the applicant is directly or indirectly affiliated with the profession of Landscape Architecture. (i.e., An irrigation firm is directly affiliated; an insurance company is indirectly affiliated.)
13. Whether the applicant provides continuing education services to any other Boards, or to other professions.
14. If applicant is providing a course by distanced learning: please outline the means by which the course promotes student involvement, and demonstrates that the course measures learning and addresses comprehension of content at regular intervals.
15. If applicant is not a business, but an individual, please attach a curriculum vitae or resume listing applicant’s education and work experience. A list of the above rquested information is available for your convenience from the Board Office or may be printed from the Board Web Site at MyFloridaLicense.com. (3) Upon approval, each continuing education provider shall be issued a provider number. That provider number shall be used in all advertising, course materials, promotional materials and on the required certificate. (4) The American Society of Landscape Architects, the Florida Chapter of the American Society of Landscape Architects, the Florida Department of Transportation, the Florida Department of Environmental Protection, and state universities, colleges, and community colleges in Florida will be considered approved providers. The provider as well as all courses must be assigned provider and course numbers for attendees to be eligible to receive credit. Providers must meet all reporting requirements set forth in Section 455.2178, F.S., and courses must meet criteria set forth in subsection 61G10-18.006(5), F.A.C. Providers must submit Form DBPR LA BET 1, “Provider Approval Application,” incorporated by reference in DBPR Rule 61-35.017, F.A.C., to be assigned a provider number and Form DBPR LA BET 2, “Course Approval Application,” incorporated by reference in DBPR Rule 61-35.017, F.A.C., to be assigned a course number and to receive course approval. Supporting documentation is not required; however, all other requirements must be met. Advanced instruction in the Florida Building Code curriculum must be established or accreditated by the Florida Building Commission. (5) In addition, a licensee shall receive continuing education credit for any course approved by the Landscape Architect Continuing Education System (LACES) or another nationally recognized claringhouse for continuing education Provided the course relates to and will increase a licensee’s basic knowledge of landscape architecture, as determined by the Board. (a) The licensee must submit the following items to the Board to receive credit for LACES courese.
16. Course completion certificate showing the following information:
    1. The licensee’s name
    2. The licensee’s Florida Registered Landscape Architect License number
    3. That the course is LACES approved
    4. The total hours of credit received for the course
17. Summary of the course content or subject matter for determination that the course relates to and will increase a licensee’s basic knowledge of landscape architecture. (b) All documentation must be received at least 60 days prior to the end of the renewal cycle. Rulemaking Authority 455.2124, 455.2179, 481.306, 481.313 FS. Law Implemented 455.2179, 481.313, 553.841 FS. History–New 9-19-01, Amended 6-6-02, 4-13-03, 7-6-05, 12-21-09, 6-16-14, 1-27-15, 10-28-20. 61G10-18.003 Obligations of Continuing Education Providers. To maintain status as a continuing education provider, the provider must: (1) Require each course attendee to remain for the entire course in order to receive a certificate of completion for the course. (2) Comply with the requirements set forth in Section 455.2178, F.S. (3) Not permit a landscape architect or other qualified instructor to instruct a continuing education course for credit while under a disciplinary order from any professional regulatory board in any jurisdiction. (4) Upon receipt of notice that an instructor is under discipline, the provider shall, within fifteen (15) days, confirm to the Board, in writing, that the instructor is no longer conducting any course offered by the provider. For the purpose of this subsection, a letter of guidance or a reprimand shall not constitute “under discipline.” (5) Not advertise or offer for credit any course which does not have a current course approval number assigned by the board. Should any course approval number or the provider number be revoked, or otherwise inactive, all planned offerings of the course or provider, shall be cancelled and all tuition refunded. (6) Not permit an instructor to teach a course until and unless that instructor’s credentials have been reviewed by the Board and approved to teach the specific course. (7) Ensure that all promotional material for courses offered to professional landscape architects for credit contain the provider number assigned to the provider and the course approval number. (8) Allow only one hour of continuing education credit for each fifty minutes of in-person instruction time. Allow one hour for each monitored and verified 50 minutes of instruction via the internet to the licensee. (9) Notify the Board within two (2) weeks of any change in the address, contact name or telephone number of the provider. (10) Allow the Department of Business and Professional Regulation access to information concerning courses conducted by the provider for continuing education credit. (11) Provide courses designed to enhance the education of landscape architects in the practice of landscape architecture that complies with Chapter 481, F.S. and Rule 61G10-18.006, F.A.C., unless exempt in accordance with subsection 61G10-18.002(4), F.A.C. Rulemaking Authority 455.219, 481.306, 481.313 FS. Law Implemented 481.313 FS. History–New 9-19-01, Amended 12-21-09, 1-27-15. 61G10-18.004 Evaluations of Providers. Rulemaking Authority 481.306, 481.313 FS. Law Implemented 481.313 FS. History–New 9-19-01, Repealed 2-4-21. 61G10-18.005 Duration of Provider Status. (1) Continuing education providers are approved only for the period during which they apply or for which they have been renewed by the Board. Continuing education providers expire on May 31st of every other odd-numbered year, beginning May 31, 2019. (2) If the Board denies the initial application, the Board will issue a Notice of Intent to Deny. Rulemaking Authority 455.2179, 481.306, 481.313 FS. Law Implemented 455.2179, 481.313 FS. History–New 9-19-01, Amended 9-18-19. 61G10-18.006 Approval of Continuing Education Courses. (1) Application for approval of each continuing education course offered by an approved provider shall be made on the Course Approval Application, Form DBPR LA 2, incorporated by reference in DBPR Rule 61-35.017, F.A.C., a copy of which can be obtained from the Board Office. (2) Continuing education courses shall expire two years from the date of approval. Continuing education providers shall reapply for approval of any course that has expired by complying with Rule 61G10-18.006, F.A.C., unless exempt by Rule 61G10-18.002, F.A.C. (3) The application shall be submitted no later than 60 days prior to the next scheduled Board meeting at which the application is to be considered for approval. It shall include: (a) A description of the subject or subjects to be covered; (b) An outline of the course which includes the subjects, topics, and subtopics to be presented; (c) A current bibliography; (d) The names of each proposed instructor and alternate instructor with the education, experience, publication lists and other information relative to his or her qualifications to teach the particular course; and (e) The total hours of instruction which will be given. (f) If the course is to be delivered by distanced learning: the means by which the course will demonstrate student involvement, and addresses comprehension of content at regular intervals. (4) Complete applications shall be reviewed and approved by the Board. Incomplete applications shall be returned to the provider with instructions to complete. (5) Each course must be identified as falling within Rule 61G10-15.001, F.A.C., by addressing one or more of the following categories: (a) Consultation, investigation, research, planning, general business, design, preparation of drawings, specifications, contract documents and reports, responsible construction supervision, or landscape management in connection with the planning and development of land and incidental water areas where the dominant purpose of the program is the preservation, conservation, enhancement, or determination of proper land uses, natural land features, ground cover and planting, or naturalistic and aesthetic values; (b) The determination of settings, grounds and approaches for building and structures or other improvements; (c) The setting of grades, the shaping and contouring of land and water forms, determination of drainage, and provision for storm drainage and irrigation systems; (d) The design of such tangible objects and features as are necessary to the purpose defined in Rule 61G10-15.002, F.A.C.; and (e) Professional practice management. (f) Laws and rules related to the practice of Landscape Architecture. (6) A course which constitutes a sales presentation or promotion will be denied. (7) Approval of an instructor shall be limited by the Board to courses he/she is qualified to teach by education or experience. (8) Notice of any change in the title of a course shall be provided to the Board office thirty (30) days prior to implementation of the change. (9) Any change in the qualifications of the course instructor or an increase in the number of continuing education credits to be awarded for the course must be submitted on the form identified in subsection one (1) of this rule in time to permit review and approval or disapproval of the changed course by the Board prior to implementation of the proposed change. (10) Any portion of a course approved by the Board during the biennium in progress may be shortened by the elimination of certain content, and offered for credit equal to the time spent in the shortened presentation during the biennium with Board Approval. The provider must comply with Rule 61G10-18.006, F.A.C. Rulemaking Authority 455.2179, 481.306, 481.325(2) FS. Law Implemented 455.2179 FS. History–New 9-19-01, Amended 6-6-02, 5-8-07, 12-21-09, 1-27-15. 61G10-18.007 Revocation of Provider Approval. At any time, the Board shall request the Department to revoke its approval of a continuing education provider if it finds that such approval is sought or was received by fraud or misrepresentation by the provider, the provider has failed to adhere to the standards and other requirements as set forth in this rule, or that the provider has engaged in fraudulent behavior relating to the provision of continuing education. Before requesting that the Department revoke a provider’s approval, the Board shall give the provider notice and an opportunity to be heard. If the approval of a provider is revoked, the continuing education provider shall thereafter be barred from presenting any continuing education courses to licensees or registrants for credit unless the provider demonstrates to the Board that the provider has been sufficiently rehabilitated to be trusted to provide such courses to licensees or registrants in the future. Revocation of a continuing education provider’s approval shall also operate as a revocation of all previously approved continuing education courses for all future offerings by the provider. Rulemaking Authority 455.2179 FS. Law Implemented 455.2179 FS. History–New 9-19-01.

Division 61G14 Board of Pilot Commissioners

Chapter 61G14-10 ORGANIZATION

Fla. Admin. Code R. 61G14-10 ORGANIZATION

CHAPTER 61G14-10 ORGANIZATION 61G14-10.001 Organization of the Commission (Repealed) 61G14-10.0015 Unexcused Absences 61G14-10.002 Designation of Official Reporter (Repealed) 61G14-10.003 Rules of Procedure (Repealed) 61G14-10.004 Business Involving the Board 61G14-10.0045 Conducting Meetings, Hearings, and Workshops by Communications Media Technology (Repealed) 61G14-10.005 Forms (Repealed) 61G14-10.006 Qualifications and Duties of Investigators 61G14-10.010 Public Comments 61G14-10.001 Organization of the Commission. Rulemaking Authority 120.53(1), 310.185 FS. Law Implemented 120.53(1), 310.021, 455.004, 455.007(2) FS. History–New 2-5-76, Amended 1-19-77, 12-7-78, 12-11-79, 1-28-80, 3-2-81, Formerly 21SS-1.04, Amended 10-21-92, Formerly 21SS-1.004, 21SS-10.001, Amended 9-27-94, 10-25-95, Repealed 10-5-97. 61G14-10.0015 Unexcused Absences. (1) As used in this rule: (a) “Immediate family” consists of a spouse, child, child-in-law, parent, parent-in-law, sibling, grandchild, or grandparent. (b) “Family” consists of immediate family, nieces, nephews, cousins, and in-laws. (2) As contemplated by Section 455.207(3), F.S., an unexcused absence is any absence from a regularly scheduled Board meeting which absence does not result from a court order, subpoena, business with a court which has the sole prerogative of setting the date of such business, conflict with other scheduled business of the Board, conflicting business previously authorized by the Board or the Board Chair, death of a member of the member’s family, illness of the Board member, hospitalization of a member of the member’s immediate family, or absence due to unavoidable travel delays or cancellations. (3) Three consecutive unexcused absences or absences from 50 percent or more of the Board’s meetings within a twelve month period shall cause that member’s position on the Board to become vacant. An otherwise excused absence shall be unexcused if the Board member fails to notify the Board office of the impending absence prior to the regularly scheduled Board meeting at which the absence will occur unless the failure to notify the Board office is the result of circumstances surrounding the reason for the absence. Rulemaking Authority 310.185, 455.207(3) FS. Law Implemented 455.207(3) FS. History–New 2-10-00. 61G14-10.002 Designation of Official Reporter. Rulemaking Authority 120.53(1) FS. Law Implemented 119.01, 119.07, 120.53(1), (2)(a), (b), (c), (4), 286.011, 310.051 FS. History–New 1-19-77, Amended 12-7-78, 12-11-79, 1-28-80, 3-2-81, Formerly 21SS-1.07, Amended 10-21-92, Formerly 21SS-1.007, 21SS-10.002, Amended 10-5-97, Repealed 3-26-12. 61G14-10.003 Rules of Procedure. Rulemaking Authority 120.54(10), 310.185 FS. Law Implemented 120.053(1)(b) FS. History–New 1-7-76, Formerly 21SS-2.01, 21SS-2.001, 21SS-10.003, Repealed 10-5-97. 61G14-10.004 Business Involving the Board. For purposes of board member compensation under Section 455.207(4), F.S., “other business involving the board” is defined to include: (1) Board meetings; (2) Any meetings of committees of the board officially appointed by the chairman as set out in the official minutes of the board where statutory authority is given by the practice act; (3) Meetings of a board member with department staff or contractors of the department at the department's request. Any participation or meeting of members noticed or unnoticed will be on file in the board office; (4) Where a board member has been requested by the Secretary of the department to participate in a meeting; and (5) Probable Cause Panel meetings. Rulemaking Authority 310.185, 455.207 FS. Law Implemented 455.207 FS. History–New 1-19-77, Amended 12-7-78, 12-11-79, 3-2-81, 2-10-82, Formerly 21SS-1.02, Amended 8-28-90, Formerly 21SS-1.002, 21SS-10.004, Amended 10-5-97, Technical Change 2-25-26. 61G14-10.0045 Conducting Meetings, Hearings, and Workshops by Communications Media Technology. Rulemaking Authority 120.53(6) FS. Law Implemented 120.53(6) FS. History–New 11-19-86, Formerly 21SS-1.020, 21SS-10.0045, Repealed 10-5-97. 61G14-10.005 Forms. Rulemaking Authority 310.185 FS. Law Implemented 120.053(1)(b) FS. History–New 12-7-78, Amended 12-11-79, 1-28-80, 3-2-81, Formerly 21SS-2.09, Amended 5-31-87, Formerly 21SS-2.009, 21SS-10.005, Amended 9-27-94, 1-9-95, 12-24-95, Repealed 10-5-97. 61G14-10.006 Qualifications and Duties of Investigators. (1) An investigator hired by the Department of Business and Professional Regulation and assigned to work with the Board of Pilot Commissioners shall possess the following minimum qualifications: (a) Graduation from an accredited four-year college or university; and (b) Two years of regulatory inspection experience, or two years sworn law enforcement or investigatory experience. (2) In place of or in addition to those qualifications listed in (1) above, an investigator hired by the Department and assigned to work with the Board shall possess active duty experience as a licensed deck officer in the United States Merchant Marine and/or experience in the maritime industry. (3) Such investigator shall assist and advise the Board on matters pertaining to Rules of the Road, Federal Regulations, development of continuing education, requirements for radar qualification, establishment of drug testing programs and the promulgation of board rules and proposed piloting legislation necessary to protect the public health, safety and welfare and preserve the environment. The investigator shall act as liaison between the Board and the United States Coast Guard and the law enforement officers of the Fish and Wildlife Conservation Commission. Rulemaking Authority 310.185 FS. Law Implemented 310.051, 455.203(8) FS. History–New 2-23-82, Amended 7-13-82, Formerly 21SS-8.08, 21SS-8.008, 21SS-10.006, Amended 3-17-96. 61G14-10.010 Public Comments. The Board of Pilot Commissioners invites and encourages all members of the public to provide comment on matters or propositions before the Board or a committee of the Board. The opportunity to provide comment shall be subject to the following: (1) Members of the public will be given an opportunity to provide comment on subject matters before the Board after an agenda item is introduced at a properly noticed board meeting. (2) Members of the public shall be limited to five (5) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Board members, staff or board counsel. The chair of the Board may extend the time to provide comment if time permits. (3) Members of the public shall notify Board staff in writing of their interest to be heard on a proposition or matter before the Board. The notification shall identify the person or entity, indicate support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons consisting of three (3) or more persons. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History–New 8-5-15.

Chapter 61G14-11 LICENSURE AND EXAMINATIONS

Fla. Admin. Code R. 61G14-11 LICENSURE AND EXAMINATIONS

CHAPTER 61G14-11 LICENSURE AND EXAMINATIONS 61G14-11.001 Determination of Openings for Deputy Pilots 61G14-11.002 Qualifications of Applicants for a Certificate as a Deputy Pilot 61G14-11.0021 Qualifications of Applicants for a License as a State Pilot (Repealed) 61G14-11.003 Examination for Certification as a Deputy Pilot 61G14-11.004 Examination for Licensure as a State Pilot 61G14-11.005 Examination Review Fee 61G14-11.006 Reapplication 61G14-11.007 Documents Issued 61G14-11.008 Cross Licensing 61G14-11.009 State Criteria for Pilots or Deputy Pilots Where Federal Endorsement Is Unavailable or Unobtainable 61G14-11.001 Determination of Openings for Deputy Pilots. (1) The Board shall exercise its continuing duty to determine if there is a need for one or more new deputy pilots in any of the several ports of the state. The Board shall make such determination based upon request(s) received from licensed state pilots at the port involved, or it shall make such determination from information otherwise available to it. Licensed state pilots, at a port, who perceive a need for one or more new deputy pilots at that port, shall submit a written request that the Board declare, and publish notice of, one or more openings for deputy pilots to serve that port. Such request shall be acted upon by the Board at a regular or special meeting. Such request must contain facts which demonstrate to the Board that the creation of such opening(s) is necessary in order to insure that the supply of pilots at that port will be sufficient to meet the port’s demand for piloting services which is anticipated to exist at the time the requested new deputy pilot(s) become(s) (a) licensed pilot(s). In all cases the Board shall make its determinations based on the supply and demand for piloting services and the public’s interest in maintaining efficient and safe piloting services. (2) Deputy pilot examinations are regularly scheduled for March of each year. In order for a port opening to be included in the next regularly scheduled examination, that port’s initial request to create one or more openings for certified deputy pilots must be received at the Board office in Tallahassee, Florida, no later than the first business day after September 1, prior to the next regularly scheduled examination date. If a port’s request for the declaration of openings for a specific number “or more” deputy pilots has been approved, that port may make a supplemental request for the declaration of a final specific number of openings which number may be more than the specific number appearing before the words “or more” in the initial request. Such supplemental request must contain the supply and demand justification required in subsection (1), and must be received at the Board office in Tallahassee, Florida not later than ten business days prior to the then scheduled examination for that port. Such supplemental request shall be considered and acted upon by the Board at a regular or special meeting of the Board held at any time prior to the administration of the examination. The specific number of openings declared upon consideration of the supplemental request shall constitute the maximum number of deputy pilots, for that port, to be appointed from among those who take the scheduled examination and thereupon become “certified” as provided by Section 310.081(2), F.S. If no such supplemental request is timely filed, the specific number appearing before the words “or more” in the initial request shall constitute the maximum number of deputy pilots, for that port, to be appointed from among those who take the scheduled examination and thereupon become “certified” as provided by Section 310.081(2), F.S. No new deputy pilot opening, to be filled from the participants in any examination, shall be approved by the Board after 23:59 hours (Eastern Time), of the day prior to that examination. (3) Notwithstanding the foregoing, if at any time the Board finds that the supply and demand for piloting services and the public’s interest in maintaining efficient and safe piloting services would not be served by a delay until the next regularly scheduled examination in providing for one or more new deputy pilots for any port, the board shall declare one or more openings for deputy pilots for that port and shall make provision for giving notice of and scheduling a special examination for the sole purpose of filling such opening. However, if a deputy pilot resigns, or a deputy pilot’s certificate is denied, refused or revoked, and the Board finds that the supply and demand for piloting services and the public’s interest in maintaining efficient and safe piloting services requires the vacated position to be filled without the delay of notice and examination, then the Board shall request that the Department fill the vacated position from among the applicants most recently certified by the Department, within the two years preceding the resignation, denial, refusal or revocation, for a deputy pilot opening in that port. (4) For the purposes of this rule, the Board will not be deemed to be on notice of the license resignation of a licensed pilot until the Board is in receipt of a copy of the licensee’s resignation letter and a copy of the Department of Business and Professional Regulation’s letter acknowledging and accepting the resignation. (5) Other than in instances of cross licensing as permitted by Section 310.061, F.S., the licensing of a pilot to serve in more than one port prevents the Board from adequately performing its duty under Section 310.061, F.S., to assess the need for additional pilots in any of the ports to which such pilot is licensed. Therefore, other than in instances of cross licensing as permitted by Section 310.061, F.S., no person shall be eligible to become a certified deputy pilot or licensed state pilot in any Florida port so long as that person remains a licensed pilot in any other Florida port. This prohibition shall not apply where all ports for which certification or licensure is sought have been combined with each other for the purpose of licensing. Rulemaking Authority 310.185 FS. Law Implemented 310.061, 310.081(1), (2) FS. History–New 3-21-76, Formerly 21SS-5.06, Amended 1-19-77, 12-7-78, 1-10-80, Formerly 21SS-5.09, Amended 5-11-87, 11-28-90, 12-23-90, Formerly 21SS-5.009, 21SS-11.001, Amended 5-11-99, 1-4-00, 10-9-17. 61G14-11.002 Qualifications of Applicants for a Certificate as a Deputy Pilot. (1) Service from two or more of the areas specified in Section 310.071, F.S., may be combined, provided that the service from any area must be of at least 60 days duration to be counted. However, shipyard periods in excess of 15 days shall not be counted as service, and furthermore, no amount of in-port relief service shall be counted as service. (2) For the purpose of this rule, one year of maritime experience is defined as 300 days on a vessel in service under the following general conditions: (a) Service on a commercial merchant or military vessel of the United States of at least 100 gross registered tons. Service will be accepted at the level of qualification which the Federal Government requires to legally perform that service under the conditions prevailing at the time the service is rendered. However, in no case will credit be given for service in a higher grade than the service authorized by the highest U.S. license held by the applicant at the time the service was performed. (b) Service on a foreign flag vessel equal to that which would be earned if the same service were performed aboard a comparable U.S. vessel at the same time and under the same circumstances. However, in no case will credit be given for service in a higher grade than the service authorized by the highest U.S. license held by the applicant at the time the service was performed; (c) Service in a pilotage program administered under the auspices of the U.S. Coast Guard for the purpose of providing pilotage services upon the Great Lakes to foreign flag vessels and U.S. flag vessels engaged in foreign trade, provided that the applicant was a fully registered senior pilot at the time service was rendered and provided further that the applicant held one of the following U.S. Coast Guard licenses at the time the service was rendered: unlimited second mate; Master of Freight and Towing Vessels of at least 1600 gross registered tons upon oceans; or unlimited Great Lakes Master. However, if the service was performed in a training status, such service shall not be counted as service; (d) Service on U.S. flag vessels on the Great Lakes as Mate and First Class Pilot, while holding an unlimited Great Lakes Master’s license issued by the U.S. Coast Guard; (e) Service as a pilot on vessels at U.S. naval facilities, whether in the U.S. or abroad, and whether in a military or civilian status; provided that such service was rendered while the applicant held a U.S. Coast Guard license as unlimited First Class Pilot, and provided further that the service included the handling of civilian-manned commercial vessels calling at the naval facilities; (f) Service at sea aboard military vessels of the United States; (g) Service as an unlimited First Class Pilot in a deep water U.S. port will be accepted on a day for day basis towards the service required with credit being given for each day upon which the applicant provided pilot service to a vessel which legally required such service and such service was provided under the authority of the duly constituted governmental regulatory entity under which the applicant was licensed. (3) If after two publications of an advertisement for an opening for a Deputy Pilot there are no applicants for the opening who possess the advertised maritime experience requirements, the Board shall readvertise the opening and shall accept applications of persons who submit proof that they have sufficient maritime background and experience to enable them to obtain an unlimited first class pilot’s license for that port during the “observer trainee” period as such is defined in Section 310.075, F.S. (4) All sea time required by Section 310.071, F.S., shall be fully documented by discharges, continuous discharge books, or other official documents. The Board will accept copies of official documents in lieu of the original. However, non-official documents will not be accepted by the Board unless the original document is submitted and its authenticity attested to by the applicant. After a final decision on an application, the Board will return those original documents accompanying the application upon submission of a copy of those documents. The applicant must provide a certified translation of any documentation not recorded in the English language. Rulemaking Authority 310.071, 310.185 FS. Law Implemented 310.071 FS. History–New 3-13-85, Formerly 21SS-5.125, Amended 5-4-86, 11-19-86, 1-8-87, 12-11-88, 6-20-89, 4-21-91, 12-8-92, Formerly 21SS-5.0125, 21SS-11.002, Amended 9-27-94, 6-11-95, 10-30-95, 10-5-97, 10-23-05, Technical Change 1-23-26. 61G14-11.0021 Qualifications of Applicants for a License as a State Pilot. Rulemaking Authority 310.091, 310.185 FS. Law Implemented 310.073 FS. History–New 9-27-94, Amended 6-11-95, Repealed 10-5-97. 61G14-11.003 Examination for Certification as a Deputy Pilot. (1) The Board, pursuant to Section 455.217, F.S., specifies that the licensing examination administered by the Department of Business and Professional Regulation shall pertain to the management of vessels and a knowledge of the channels, waters, harbors, and ports where the candidate for examination wishes to serve and shall include the following professional subject areas: (a) International Rules of the Road; (b) Inland Rules of the Road and the Pilot Rules; (c) Seamanship, Shiphandling and other Subjects Relating to Piloting; (d) Aids to Navigation; (e) Local or specific knowledge of the port area for which being examined; (f) Chartwork of the port area for which being examined, with detailed information of the port area required to be charted; (g) A general examination concerning matters pertaining to a candidate’s knowledge of federal and state pilotage, fitness and ability to undertake the duties of a certified deputy pilot in the port for which being examined, and such other related information as may be deemed pertinent to the examination process, to determine whether the applicant is qualified to pilot all classes of vessels liable to enter the port and is familiar with the waters, the channels, the harbor and the port. (2) In order to achieve a passing grade on the examination a candidate must score 90% on the subject areas in paragraphs (1)(a) and (b), and a score of 75% on the subject areas in paragraphs (1)(c), (d), (e), (f) and (g). (3) Recognizing that certain areas of the examination are more critical than others to the stated purpose contained in Section 310.001, F.S., the percentage scores of candidates who have achieved a passing grade, as required in subsection (2), above, shall be multiplied by the factors assigned below to arrive at a final numerical grade for use in final selection to fill the advertised positions: (a) Paragraph 61G14-11.003(1)(a), F.A.C.: a factor of 1.5; (b) Paragraph 61G14-11.003(1)(b), F.A.C.: a factor of 1.5; (c) Paragraph 61G14-11.003(1)(c), F.A.C.: a factor of 1.5; (d) Paragraph 61G14-11.003(1)(d), F.A.C.: a factor of 1.0; (e) Paragraph 61G14-11.003(1)(e), F.A.C.: a factor of 1.0; (f) Paragraph 61G14-11.003(1)(f), F.A.C.: a factor of 1.5; (g) Paragraph 61G14-11.003(1)(g), F.A.C.: a factor of 1.0. Rulemaking Authority 310.185, 455.217 FS. Law Implemented 455.217 FS. History–New 1-10-80, Amended 12-16-80, 10-31-84, Formerly 21SS-5.13, Amended 7-20-87, Formerly 21SS-5.013, 21SS-11.003. 61G14-11.004 Examination for Licensure as a State Pilot. (1) The Board, pursuant to Section 455.217, F.S., specifies that the licensing examination administered by the Department of Business and Professional Regulation shall pertain to the management of vessels and a knowledge of the channels, waters, harbors and ports where the candidate for examination wishes to serve, and shall include the following professional subject areas, as well as successful completion of the minimum required two year approved Deputy Pilot training program for the port area involved and the recommendation of the pilots in that port: (a) International Rules of the Road; (b) Inland Rules of the Road; (c) Local or specific knowledge of operations in the port area for which being examined; (d) A general examination concerning matters pertaining to a candidate’s knowledge of federal and state pilotage, fitness and ability to undertake the duties of a licensed state pilot in the port for which being examined and such other matters as may be deemed pertinent to the examination process, to determine whether the applicant is qualified to pilot all classes of vessels liable to enter the port and is thoroughly familiar with the waters, the channels, the harbor, and the port. (2) The subject areas are to be weighted equally in grading the examination. (3) In order to achieve a passing grade on the examination a candidate must score 90% on the subject areas in paragraphs (1)(a) and (b), and a score of 75% on the subject areas in paragraph (1)(c). (4) In recommending Deputy Pilots to the Department for examination to fill openings for full Pilots, the Board shall make such recommendations for examination in the order in which the Deputies entered the required Deputy training program. However, after the Deputy Pilots who first entered the training program have sat for examination one time, then the Board shall recommend for examination all Deputy Pilots who have completed the training program or who meet the requirements of subsection (5). (5) A certified deputy pilot whom the Board finds to be in the final level of a port’s Board approved deputy training program, and who has completed all but the final three months of that program, shall be permitted to take the next regularly scheduled examination for licensure as a pilot for that port. Attainment of a passing grade on the examination shall not excuse the applicant from successfully completing the deputy training program as a prerequisite to being issued a Pilot’s License. Rulemaking Authority 310.185, 455.217 FS. Law Implemented 310.081, 455.217 FS. History–New 1-10-80, Amended 12-16-80, 10-31-84, Formerly 21SS-5.14, Amended 11-19-86, Formerly 21SS-5.014, 21SS-11.004, Amended 10-5-97, Technical Change 1-23-26. 61G14-11.005 Examination Review Fee. There shall be a non-refundable $150.00 fee for any examination review payable at the time of request. Rulemaking Authority 310.185, 455.217 FS. Law Implemented 310.121(1)(c) FS. History–New 1-10-80, Formerly 21SS-5.16, Amended 7-20-87, 1-10-90, Formerly 21SS-5.016, Amended 6-6-93, Formerly 21SS-11.005, Amended 9-27-94, 11-28-23. 61G14-11.006 Reapplication. (1) An applicant who fails to achieve an appointment as a certified deputy pilot or a licensed state pilot is not prohibited from reapplying to take a future examination, provided the applicant remits to the Department of Business and Professional Regulation a reexamination fee in the amount of $200.00. However, any applicant who consecutively fails to achieve a passing grade on two (2) examinations and fails to achieve an overall average score of 85% on each of those two examinations, whether for the same port or not, shall not be certified as eligible for an examination for any port for a three (3) year period, from the date of the first such failure. (2) Upon reapplication to take an examination, the applicant must complete the entire application form and must submit all required documents as though submitting an initial application. Rulemaking Authority 455.217, 310.185, 310.121(1)(b) FS. Law Implemented 455.217, 310.121(1)(b) FS. History–New 1-10-80, Amended 6-18-81, Formerly 21SS-5.15, Amended 6-10-86, 2-13-92, Formerly 21SS-5.015, Amended 6-6-93, Formerly 21SS-11.006, Amended 5-4-95. 61G14-11.007 Documents Issued. (1) Each State Pilot shall be issued a license. Each deputy pilot shall be issued a certificate. All licenses and certificates are valid for not more than two years and must be renewed by January 31 of each odd numbered year; provided, that the initial certificate issued to a deputy pilot shall be valid for a period of twelve months and at the end of this period it shall automatically expire and not be replaced by the Department until: (a) The pilots with whom the deputy pilot has been training thoroughly evaluate all aspects of his/her performance and make a recommendation to the Board regarding whether or not the deputy pilot should continue in the approved training program; and, (b) The Board, after careful consideration of the recommendation of the pilots with whom the deputy pilot has been training, recommends to the Department that another certificate be issued to the deputy pilot to allow him/her to continue training. This recommendation shall not be made before the deputy pilot has completed at least six months of the approved training program and shall be made so as to be received and considered by the Board prior to the expiration of the twelve month period or at the first regularly scheduled Board meeting thereafter. (2) Upon receipt of a positive recommendation for the deputy pilot to continue in the approved training program from the Board, the Department shall issue to the deputy pilot so recommended a certificate to replace the 12 month certificate which shall expire on January 31 of the next odd numbered year. The certificate may be renewed only two (2) times. Each renewal certificate shall be valid for one (1) biennium. Rulemaking Authority 310.185 FS. Law Implemented 310.071, 310.073, 310.075 FS. History–New 2-25-91, Formerly 21SS-6.007, 21SS-11.007, Amended 9-27-94, 7-22-07, Technical Change 1-23-26. 61G14-11.008 Cross Licensing. Whereas the Board of Pilot Commissioners recognizes the unique circumstances which exist from time to time in the smaller ports of Florida, as well as the new innovative approaches to ship design which may open new areas of the State to sea-going vessels and thus require pilot service, and whereas the Board is compelled to act to protect the health, safety and welfare of the people of the State of Florida and to insure the safe and efficient operation of such ports, the Board of Pilot Commissioners shall, when necessary to accomplish the foregoing, authorize limited cross licensing between or among ports as follows: (1) Licensed state pilots shall be certified as deputy pilots in port other than the one for which they are licensed provided that: (a) The pilot volunteers to become so certified; (b) Economic conditions existing in one or both of the two ports are considered insufficient to support additional full time deputies or pilots; (c) The licensed state pilot possesses the appropriate federal license for all of the waters of the port for which cross licensing is volunteered if such federal license is available. In non-designated ports or port areas where no federal license exists, or where pilots are unable to obtain federal endorsement, a state pilot shall be considered as satisfying the requirements for a federal first class pilotage endorsement if the conditions of Rule 61G14-11.009, F.A.C., are met; and, (d) The licensed state pilot volunteering for cross licensing receives a score of at least 75% on the examinations consisting of the subject areas specified in paragraphs 61G14-11.003(1)(e) and (f), F.A.C. (2) If a pilot, who has been designated, trained and cross licensed as a deputy in a second port, should elect to retire from the port in which he is a fully licensed pilot, he may retain the certificate as a deputy issued under this section and continue to provide supporting pilot service subject to all the provisions of subsection 61G14-11.008(5) and Rule 61G14-12.0015, F.A.C., dealing with cross licensing, renewal and active service appropriate for the port. (3) Licensed state pilots who comply with the provisions of subsection (1) above, and are cross licensed as certified deputies in a second port, are authorized to serve in that port: (a) If requested to do so by a licensed state pilot in the second port; (b) If the maritime interests of the port determine that they are receiving inadequate pilot service and petition the Board for relief, and the Board, after determining that relief is necessary, authorizes certificated deputies to serve to the extent necessary to provide relief, or (c) If a vessel or vessels has been or will be delayed due to inadequate pilot service. (4) Service provided under the provisions of subsections (1) and (2) above, is considered to be emergency service and, therefore, the draft restrictions of Rule 61G14-13.001, F.A.C. do not apply. (5) After considering economic conditions, geographic location, and other pertinent factors, if the Board determines that the public interest requires it, the Board shall combine two or more of the port areas listed in Section 310.002(4), F.S. When such areas are combined the following provisions apply: (a) All future advertisements for certificated deputies or licensed state pilots shall specify such openings are for the combined port areas; and, (b) Applicants shall be examined for, and those appointed will be trained in, the combined port areas. (6) When such port areas are combined, the licensed state pilots in one port who have previously been cross licensed as certificated deputy pilots may apply for a license as state pilot for the entire combined port area provided: (a) They have been actively engaged, to the extent reasonably possible, in piloting or making observer trips in the second port area; (b) They are recommended by the pilot(s) in the second port; and, (c) Pilots in all the ports involved request such a combined license. (7) When such port areas are combined, the certificated deputy pilots in one port may apply for and become certificated cross licensed deputy pilots for the other port areas, provided: (a) The deputy pilot receives a score of at least 75% on the examination for the other port. The examination for the other port shall consist of the subject areas specified in paragraphs 61G14-11.003(1)(e) and (f), F.A.C.; (b) The deputy pilot possesses the appropriate federal license for all of the waters of the other port in which the deputy pilot certificate is requested if such license is available. In non-designated ports or port areas where no federal endorsement exists, or where pilots are unable to obtain federal endorsement, the deputy pilot shall be considered to have satisfied the requirements for a federal first class pilotage endorsement if the conditions of Rule 61G14-11.009, F.A.C., are met; and, (c) The deputy pilot is recommended by the pilot(s) in the other port and the deputy pilot agrees to enter the Board approved deputy pilot training program for the other port. (8) Upon the recommendation of the pilot(s) in the cross licensed port or upon action by the Board if there is no licensed pilot in the cross licensed port, certificated cross licensed deputy pilots shall be issued a state pilot license for the cross licensed port area, provided the deputy pilot receives a score of at least 75% on the examination for the cross licensed port area consisting of the subject areas specified in paragraph 61G14-11.003(1)(e), F.A.C. (9) For the purposes of piloting, the following ports are combined: Jacksonville and Fernandina. Rulemaking Authority 310.061, 310.185 FS. Law Implemented 310.061, 310.081, 455.217 FS. History–New 8-4-80, Amended 2-13-84, 9-13-84, Formerly 21SS-5.17, Amended 5-31-87, 6-20-89, 3-15-92, Formerly 21SS-5.017, 21SS-11.008, Amended 3-15-94, 2-22-95, 6-5-95, 3-15-99, 2-29-16, 2-20-18, 10-4-20, Technical Change 5-29-26. 61G14-11.009 State Criteria for Pilots or Deputy Pilots Where Federal Endorsement Is Unavailable or Unobtainable. In federally non-designated ports or port areas, or port areas where pilots or deputy pilots are unable to obtain necessary federal endorsement due to insufficient vessel traffic; the applicant pilot or deputy pilot shall satisfactorily complete the following number of familiarization trips to be confirmed by written statement(s) of the active licensed state pilot(s) in that port or if there is no active licensed state pilot in that port, to be confirmed by written statement from the applicant: (1) A minimum of 12 round trips; and, (2) At least 25% of the round trips shall be made during hours of darkness; and, (3) At least one round trip shall be made over the route within the six months immediately preceding the date of application. Rulemaking Authority 310.071, 310.185 FS. Law Implemented 310.071, 310.073, 310.075 F.S. History–New 9-27-94, Amended 2-22-95, 6-11-95.

Chapter 61G14-12 RENEWAL OF LICENSES AND CERTIFICATES

Fla. Admin. Code R. 61G14-12 RENEWAL OF LICENSES AND CERTIFICATES

CHAPTER 61G14-12 RENEWAL OF LICENSES AND CERTIFICATES 61G14-12.001 Renewal of Licenses and Certificates (Repealed) 61G14-12.0015 License and Certificate Retention Eligibility 61G14-12.002 Definition of “Active Service” (Repealed) 61G14-12.001 Renewal of Licenses and Certificates. Rulemaking Authority 310.185 FS. Law Implemented 310.081(3), 310.121 FS. History–New 2-25-91, Formerly 21SS-6.006, 21SS-12.001, Amended 1-9-95, 6-11-95, 10-30-95, 3-17-96, 11-1-99, Repealed 11-2-06. 61G14-12.0015 License and Certificate Retention Eligibility. Licensees and Certificate holders, without regard to the status of their license or certificate, must reestablish their qualifications to hold the license or certificate by January 31 of each odd numbered year, in order to retain the license or certificate, through submission to the Board office of each of the following: (1) Documentary evidence that the license or certificate holder remains in “active service” as required by Section 310.081(3)(e), F.S.; (a) Active service by a pilot shall be established by submitting documentation of the identity of and the number of vessels piloted during the prior biennial period. A pilot who regularly takes a turn on duty is in “active service.” Exceptions will be made from the “active service” definition for illness or injury not preventing performance as a pilot for more than twelve (12) consecutive months. (b) Active service by a deputy pilot shall be established by submitting a certification, from the licensed state pilots at the port being served during the prior biennial period, of availability and satisfactory training in accordance with the approved training plan. (2) The biennial fee required by Section 310.121(2), F.S., and specified in Rule 61G14-14.004, F.A.C.; (3) Annual documentary evidence of continued good physical and mental health required by Sections 310.073 and 310.081, F.S. and Rule 61G14-20.001, F.A.C.; and (4) Certificate of successful completion of a Board-approved course in professional skills including certification in the proper and efficient use of radar. The course must, at a minimum, include radar theory, and can be taken in-person in a class room or in a distance-learning format. Rulemaking Authority 310.081(3) FS. Law Implemented 310.073, 310.081(3), 310.091(3), 310.121(2) FS. History–New 9-17-06, Amended 5-3-21. 61G14-12.002 Definition of “Active Service”. Rulemaking Authority 310.185 FS. Law Implemented 310.081(3) FS. History–New 4-2-86, Formerly 21SS-8.011, 21SS-12.002, Repealed 11-2-06.

Chapter 61G14-13 TRAINING AND CONTINUING EDUCATION

Fla. Admin. Code R. 61G14-13 TRAINING AND CONTINUING EDUCATION

CHAPTER 61G14-13 TRAINING AND CONTINUING EDUCATION 61G14-13.001 Requirements for Deputy Pilot Training Programs 61G14-13.001 Requirements for Deputy Pilot Training Programs. (1) The Chairman of the Board may appoint one or more Pilot Board member(s) to act on behalf of the Board with regard to the training requirements contained in Section 310.075, F.S., subject to the following conditions: (a) The pilot member of the Board shall receive information from one pilot authorized by the pilots with whom the Deputy has trained to be in overall charge of their Deputy Training Program, and the piloting investigator required by Rule 61G14-10.006, F.A.C., prior to his making a decision. (b) The Board member may authorize advancement of a deputy through all of the stages of the Approved Training Plan with the following exceptions. The Board member may recommend the following, which must be approved by the full Board:

1. Replacement of the temporary certificate issued each newly appointed deputy as provided in Rule 61G14-11.007, F.A.C.;
2. Final satisfactory completion of the approved training plan;
3. Authorization to participate in a scheduled examination to fill declared openings for full pilots. (2) The licensed state pilots in each port shall, after the effective date of this rule, submit to the Board for its approval a revised and updated deputy pilot training program. This requirement applies regardless of whether there is a request for a deputy pilot pending. (3) The licensed state pilots in each port shall compensate all member deputy pilots. Compensation shall be established by written agreement between the licensed state pilots and member deputy pilot. In the event a dispute arises as to the compensation of the member deputy pilot that cannot be resolved between the member deputy pilot and the licensed state pilots in the port, the Board shall refer the dispute to mediation pursuant to Rule 61G14-17.006, F.A.C. (4) A deputy pilot shall be permitted to pilot a vessel under a licensed pilot's supervision or in accordance with a Board approved deputy pilot training program. In the event an owner or master of a vessel subject to pilotage refuses to permit a deputy pilot or observer trainee to board a vessel with a state licensed pilot, to accompany the pilot onto the bridge of the vessel, to pilot a vessel under the supervision of a pilot or otherwise interferes with the training of deputy pilots or observer trainees pursuant to a Board approved deputy pilot training program, the licensed pilot may lawfully refuse to provide pilot services to the vessel. Any attempt of the vessel thereafter to enter or leave a port of this State or to proceed upon the navigable waters of the bays, rivers, harbors, and ports of the State without a licensed state pilot or certificated deputy pilot on board to direct the movements of the vessel will be subject to the penalties contained in Section 310.161, Florida Statutes. Rulemaking Authority 310.185, 455.2235 FS. Law Implemented 310.0015, 310.075, 310.081(2), 455.2235 FS. History–New 3-2-81, Formerly 21SS-5.19, Amended 5-31-87, 8-20-89, 1-10-90, 2-13-92, 10-21-92, Formerly 21SS-5.019, Amended 6-6-93, Formerly 21SS-13.001, Amended 1-9-95, 3-17-96, 10-5-97.

Chapter 61G14-14 FEES

Fla. Admin. Code R. 61G14-14 FEES

CHAPTER 61G14-14 FEES 61G14-14.001 Application Fees 61G14-14.002 Initial Licensing Fee 61G14-14.003 Initial Certificate Fee 61G14-14.004 Biennial Fee 61G14-14.0041 Unauthorized Practice Fee (Repealed) 61G14-14.0042 Delinquency Fee 61G14-14.005 Examination Review Fee (Repealed) 61G14-14.001 Application Fees. The nonrefundable application fee for application for a license as a state pilot or for a certificate as a deputy pilot shall be $200.00. Rulemaking Authority 310.185 FS. Law Implemented 310.121 FS. History–New 5-8-79, Amended 1-10-80, Formerly 21SS-5.10, 21SS-5.010, 21SS-14.001, Amended 9-27-94. 61G14-14.002 Initial Licensing Fee. (1) The license fee for those persons who are initially licensed as state pilots during the first year of the biennial licensure period shall be $195.00. (2) The license fee for those persons who are initially licensed as state pilots during the second year of the biennial licensure period shall be $95.00. Rulemaking Authority 310.185, 455.213(2) FS. Law Implemented 310.121, 455.213(2) FS. History–New 2-10-82, Formerly 21SS-6.04, 21SS-6.004, 21SS-14.002, Amended 6-23-02. 61G14-14.003 Initial Certificate Fee. (1) No certification fee shall be charged for the initial 12 months certificate first issued to persons selected as deputies. (2) The certification fee for those persons who are certificated as deputy pilots during the first year of the biennial licensure period shall be $95.00, except as provided in subsection (1), above. (3) The certification fee for those persons who are initially certificated as deputy pilots during the second year of the biennial licensure period shall be $45.00, except as provided in subsection (1), above. Rulemaking Authority 310.185(1), 455.213(2) FS. Law Implemented 310.071, 310.121, 455.213(2) FS., Chapter 94-119, Laws of Florida. History–New 2-10-82, Formerly 21SS-6.05, Amended 2-25-91, Formerly 21SS-6.005, 21SS-14.003, Amended 9-27-94, 6-23-02. 61G14-14.004 Biennial Fee. Each licensed state pilot shall pay a biennial license fee of $195.00; provided that those state licensed pilots who have qualified to be cross licensed for one or more additional ports in accordance with the provisions and stated purpose of Section 310.061, F.S., and Rule 61G14-11.008, F.A.C., shall not be required to pay additional biennial fees for the certificates issued authorizing service in the additional ports. Each certificated deputy pilot shall pay a biennial certification fee of $95.00. Rulemaking Authority 310.185 FS. Law Implemented 310.061, 310.121 FS. History–New 2-15-76, Amended 1-19-77, 5-4-77, 12-7-78, Formerly 21SS-6.01, Amended 2-25-91, Formerly 21SS-6.001, 21SS-14.004, Amended 6-23-02. 61G14-14.0041 Unauthorized Practice Fee. Rulemaking Authority 310.185 FS. Law Implemented 455.2281 FS. History–New 6-23-02, Repealed 1-11-16. 61G14-14.0042 Delinquency Fee. Whenever a pilot applies for renewal of a delinquent license or a deputy pilot applies for renewal of a delinquent certificate, the pilot or deputy pilot shall be charged a $25.00 delinquency fee at the time of renewal. Rulemaking Authority 310.185, 455.271 FS. Law Implemented 455.271 FS. History–New 2-20-18. 61G14-14.005 Examination Review Fee. Rulemaking Authority 310.185, 455.2235 FS. Law Implemented 455.2235 FS. History–New 9-27-94, Repealed 1-11-16.

Chapter 61G14-15 DUTIES, SAFETY GUIDELINES, BOARDING AND DISEMBARKING

Fla. Admin. Code R. 61G14-15 DUTIES, SAFETY GUIDELINES, BOARDING AND DISEMBARKING

CHAPTER 61G14-15 DUTIES, SAFETY GUIDELINES, BOARDING AND DISEMBARKING 61G14-15.001 Duties of Pilots and Deputy Pilots 61G14-15.002 Marine Incident Report Form 61G14-15.0025 Immediate Inactivation of License 61G14-15.003 Safety Guidelines 61G14-15.004 Boarding and Disembarking 61G14-15.001 Duties of Pilots and Deputy Pilots. Every state pilot and certificated deputy pilot shall: (1) Timely board and disembark vessel at the designated station. (2) Pilot to and from or shift vessel between berths and anchorages under safe conditions. (3) Dock and undock vessel unless the master requests otherwise. (4) Anchor vessel in emergency situations and, under normal conditions, in designated anchorages. (5) Optional services may be provided if included in a tariff approved by the Board. Rulemaking Authority 310.185 FS. Law Implemented 310.0015, 310.141 FS. History–New 11-28-90, Formerly 21SS-3.005, 21SS-15.001, Technical Change 5-29-26. 61G14-15.002 Marine Incident Report Form. (1) All collisions, groundings, strandings or other marine perils sustained or caused by vessels on which there was employed a licensed state pilot or certificated deputy pilot shall be reported to the office of the board or the piloting consultant within 48 hours of the occurrence, provided that this 48 hour period is understood to include one working day of the Board office. In addition, a written report shall be submitted to the department on forms and in the manner prescribed by the department within seven (7) days of the date of the incident, EXCEPT, HOWEVER, THAT ANY MARINE INCIDENT INVOLVING OIL SPILLAGE, POLLUTION, PHYSICAL INJURY OR DEATH, SHALL BE REPORTED TO THE OFFICE OF THE BOARD OR TO THE PILOTING CONSULTANT BY TELEPHONE OR TELEGRAM WITHIN 24 HOURS OF THE OCCURRENCE, IN ADDITION TO THE REQUIRED WRITTEN REPORT. (2) The Marine Incident Report shall be submitted by a licensed state pilot or certificated deputy pilot whenever the pilot: (a) Is providing piloting service to a vessel, and (b) An incident occurs to that vessel while the pilot is providing such service, including docking or undocking. Rulemaking Authority 310.185 FS. Law Implemented 310.111 FS. History–New 10-4-77, Amended 12-7-78, Formerly 21SS-8.05, Amended 5-31-87, 8-20-89, 12-24-89, Formerly 21SS-8.005, 21SS-15.002. 61G14-15.0025 Immediate Inactivation of License. (1) Section 310.183, F.S., provides that the Department shall issue an emergency order placing on inactive status, for a period not to exceed 15 days, the license of any pilot or certificate of any deputy pilot who, while providing piloting services, is involved in a marine incident that results in the death of a human or substantial physical injury to a human or significant property or environmental damage, unless the Department determines that the incident is clearly not the result of the actions of the pilot or deputy pilot. (2) For the purpose of Section 310.183, F.S., the following definitions shall apply: (a) “Substantial Physical Injury to a Human” shall mean injury to a human being which results in severe brain damage, loss of sight or hearing, severance from the body of any bodily appendage or second degree or greater burns over one-half (1/2) or more of the body. (b) “Significant Property Damage” shall mean damage to real or personal property where the lesser of the cost of repair or replacement is more than $1 million. Damage costs include the cost of labor and material to restore the property to the service condition which existed prior to the casualty, but does not include the cost of salvage, cleaning, gas freeing, dry docking or demurrage. (c) “Significant Environmental Damage” shall mean a discharge in excess of 10,000 gallons of oil or, in the case of a hazardous substance, the discharge into the atmosphere, surface waters or underground waters or onto the land of any hazardous substance of a nature or quantity which poses a threat to the health or safety of mammals, reptiles, birds, marine life or vegetation if such threat is not expected to naturally dissipate within twenty-four (24) hours or expected to dissipate within 24 hours by human intervention. Rulemaking Authority 310.185 FS. Law Implemented 455.227, 310.101, 310.141, 310.183 FS. History–New 1-9-95, Amended 10-5-97. 61G14-15.003 Safety Guidelines. As used in this rule, “pilot” shall mean both a state licensed pilot and a state certified deputy pilot. (1) If a pilot determines that circumstances render transit by a vessel unsafe, the pilot shall not be required to board or direct the movement of the vessel until conditions permit safe transit. He/she shall advise the vessel’s master of his/her action, request that it be noted in the vessel’s log, and document it in his/her records. If the pilot becomes aware that the master insists on moving the vessel without a pilot, the pilot shall attempt, by any appropriate means, to give notice of such movement, to other vessels in the area, tugs assigned to assist, the Coast Guard and a law enforcement officer of the Fish and Wildlife Conservation Commission. (2) If, after any pilot has boarded a vessel, circumstances change so as to render the proposed transit unsafe, he/she shall advise the master to postpone or halt the transit until it can be safely undertaken. If the master insists that the vessel continue as originally intended, the master shall thereby have assumed complete responsibility for the direction of the movement of the vessel. Thereupon, the pilot shall advise the master that the master has taken the conn and that the pilot is standing by and will, unless ordered otherwise, render advice to assist in attaining such level of safety as may be practicable under prevailing circumstances. He/she shall request that his/her action be noted in the vessel’s log and shall document it in his/her records. The pilot shall attempt, by any appropriate means, to give notice of his/her action to other vessels in the area, tugs assigned to assist, the Coast Guard and a law enforcement officer of the Fish and Wildlife Conservation Commission. (3) If a pilot has boarded a vessel and circumstances change rendering docking or undocking of the vessel unsafe, he/she shall so advise the master. If the master insists that the vessel dock or undock in spite of advice to the contrary, the master shall thereby have assumed complete responsibility for the direction of the movement of the vessel. Thereupon, the pilot shall advise the master that the master has taken the conn and that the pilot is standing by and will, unless ordered otherwise, render advice to assist in attaining such level of safety as may be practicable under the prevailing circumstances. The pilot shall request that his/her action be noted in the vessel’s log and shall document it in his/her records. The pilot shall attempt, by any appropriate means, to give notice of his/her action to other vessels in the area, tugs assigned to assist, the Coast Guard and a law enforcement officer of the Fish and Wildlife Conservation Commission. (4) Each association of pilots in each port where such association(s) exists, and the licensed state pilots in each port who are not members of such association shall submit to the Board for its review and approval or rejection, the normal maximum allowable draft of vessels calling at the port and restrictions on bottom clearance for each channel, as required by Sections 310.075(4) and 310.101(1)(d), F.S. Specific Authority 310.185 FS. Law Implemented 310.0015(3)(a), 310.075(4), 310.101(1)(d) FS. History–New 11-6-89, Amended 6-26-90, 12-30-91, 10-25-92, Formerly 21SS-9.001, 21SS-15.003, Amended 11-15-93, 1-26-99, 10-4-99, 1-7-02, 5-11-03, 8-19-07. 61G14-15.004 Boarding and Disembarking. (1) Except when subsection (2) applies, pilots shall board inbound vessels before or at the time they cross the Territorial Sea Line of Demarcation and disembark from outbound vessels at or after the time they cross such line; or, board and disembark vessels at the traditional pilot station, as approved by the Board and specifically listed below: (a) Fernandina: Pilots board and disembark vessels drawing more than 23 feet off St. Mary’s Entrance Lighted Buoy “STM” in the vicinity of Latitude 30º 42.9' N, Longitude 81º 14.6' W. Vessels drawing 23 feet or less should remain north of the entrance channel and shall be boarded and disembarked from in the vicinity of St. Mary’s Entrance Lighted Bouy 6 in the vicinity of Latitude 30º 42.8' N, Longitude 081º 20.0' W. (b) Jacksonville: For vessels drawing over 40 feet and up to 47 feet, pilots board and disembark in the vicinity of Latitude 30º 21' 53'' N, Longitude 081º 10' 32'' W (Area A). For vessels drawing over 40 feet or less, pilots board and disembark in the vicinity of Latitude 30º 23' 35'' N, Longitude 081º 19' 8'' W (Area B). (c) Port Canaveral: Pilots board inbound vessels one mile southeast of Approach Channel Lighted Bouys 3 and 4; however, deep draft vessels and large cruise ships are boarded from one and a half to two miles southeast of Approach Channel Lighted Bouys 3 and 4. Pilots disembark outbound vessels in the vicinity of Approach Channel Lighted Bouys 7 and 8 to Lighted Bouys 5 and 6; however, pilots disembark large or deep draft vessels after Approach Channel lighted Bouys 3 and 4 are passed outbound. (d) Fort Pierce: Pilots board and disembark off the sea buoy in the vicinity of 27º 28.6' N 80º 15.4' W. (e) Port of Palm Beach: Pilots board and disembark off the sea buoy in the vicinity of 26º 46.3' N 80º 00.6' W. (f) Port Everglades: Pilots board and disembark off the sea buoy in the vicinity of 26º 05.5' N 80º 04.8' W. (g) Miami: Pilots board vessels seaward off the sea buoy in the vicinity of 25º 46.1' N 80º 05.0' W. They leave outbound vessels after clearing channel buoys #2 and #3 in the vicinity of 25º 45.8' N 80º 05.9' W. (h) Key West: Pilots board vessels in position Latitude 24º 25.5' N, Longitude 81º 48.0' W, approximately 2 nautical miles south of Key West Entrance Lighted Whistle Bouy KW, or in position Latitude 24º 41.0' N, Longitude 81º 55.0' W, approximately 2 nautical miles north of the Key West Northwest Channel Entrance Lighted Bell Buoy in the vicinity of 24º 38.8' N 81º 54.0' W. Pilots disembark vessels in the vicinity of the Entrance Bouys. (i) Fort Myers: Pilots board and disembark vessels off San Carlos Bay Light #1 in the vicinity of 26º 25.1' N 81º 57.5' W. (j) Boca Grande: Pilots board and disembark vessels off the Entrance Lighted Bell Buoy #2 in the vicinity of 26º 39.8' N 82º 19.6' W. (k) Tampa: In Egmont Channel, pilots normally board and disembark vessels between buoys #11 and #13 in the vicinity of 27º 36.5' N 82º 49.7' W and upon request will board and disembark off the sea buoy in the vicinity of 27º 35.3' N 83º 00.7' W. When entering by Southwest Channel pilots board off Entrance Lighted Bell Buoy #1 in the vicinity of 27º 32' N 82º 48.2' W. (l) Port St. Joe: At this time a pilot station is not maintained at Port St. Joe. Vessels are required to proceed to the Port of Panama City and use the boarding and disembarking points provided for that port. Any boarding and disembarking off the Port St. Joe entrance channel will be by prior arrangement. (m) Panama City: Pilots board vessels off the sea bouy in the vicinity of 30º 05' N 085º 46.4' W and disembark vessels after clearing channel bouys #1 and #2. (n) Pensacola: Pilots board and disembark vessels seaward of Pensacola Bay Entrance Lighted Gong Buoy #1 in the vicinity of 30º 16' N 87º 17.4' W. (2) When conditions make boarding and disembarking a vessel unsafe at the location specified in subsection (1), the location, time and manner of boarding and disembarking shall be mutually agreed upon by the master and the pilot involved, so as to provide an acceptable level of safety. Rulemaking Authority 310.185 FS. Law Implemented 310.002, 310.141 FS. History–New 7-2-89, Amended 11-28-90, Formerly 21SS-8.012, 21SS-15.004, Amended 7-9-09, 2-27-17, 10-10-22, Technical Change 1-8-26.

Chapter 61G14-16 VESSEL MOVEMENTS REQUIRING A STATE PILOT

Fla. Admin. Code R. 61G14-16 VESSEL MOVEMENTS REQUIRING A STATE PILOT

CHAPTER 61G14-16 VESSEL MOVEMENTS REQUIRING A STATE PILOT 61G14-16.001 Vessel Movements Requiring a State Pilot 61G14-16.001 Vessel Movements Requiring a State Pilot. (1) Vessels requiring licensed state pilots or certificated deputy pilots are specified in Section 310.141, F.S. (2) Docking master is a person affiliated with or working for the company providing assist tugs who holds a valid first class Federal pilot license for the waters involved and who possesses knowledge of local facilities including the tides, currents and capabilities of assisting tugs and who has experience in berthing vessels at those facilities. (3) When the movements of a vessel are under the direction and control of persons other than a state pilot or deputy pilot, as permitted by Section 310.141(2), Florida Statutes, such control must have been clearly passed from the state pilot or deputy pilot and when such control is being relinquished by such persons there must be a clear passing of such control to the state pilot or deputy pilot. Passage of any such control may be accomplished only when the parties thereto are present on the bridge of such vessel. (4) Nothing contained in this rule shall be construed to infringe upon the authority of the Master to relieve a pilot whenever the Master considers such action necessary to avoid immediate danger and insure the safety of his vessel. Specific Authority 310.185 FS. Law Implemented 310.001, 310.141 FS. History–New 10-31-84, Formerly 21SS-8.10, Amended 4-21-91, 11-9-92, Formerly 21SS-8.010, 21SS-16.001, 10-30-95.

Chapter 61G14-17 DISCIPLINE

Fla. Admin. Code R. 61G14-17 DISCIPLINE

CHAPTER 61G14-17 DISCIPLINE 61G14-17.001 Power of the Board (Repealed) 61G14-17.002 Probable Cause Determination 61G14-17.003 Disciplinary Grounds (Repealed) 61G14-17.004 Guidelines for the Disposition of Disciplinary Cases 61G14-17.005 Citations 61G14-17.006 Mediation 61G14-17.007 Notice of Noncompliance 61G14-17.001 Power of the Board. Rulemaking Authority 310.185 FS. Law Implemented 310.101 FS. History–New 1-19-77, Amended 12-7-78, Formerly 21SS-8.01, 21SS-8.001, 21SS-17.001, Amended 10-19-97. 61G14-17.002 Probable Cause Determination. (1) The determination as to whether probable cause exists to believe that a violation of the provisions of Chapter 445 or 310, F.S., or the rule promulgated thereunder has occurred shall be made by a probable cause panel of the Board. The panel shall consist of three (3) Board members, not more than one (1) member of the panel shall be a non-pilot Board member. Former Board members who hold an active valid license may serve on the Probable Cause Panel but at least two (2) current Board members must be members of the Panel at all times. (2) If, after consideration of all evidence and information gathered during the investigation of a marine incident or other complaint, the Probable Cause Panel is of the opinion that an immediate danger to the public health, safety and welfare exists if the certificated deputy or licensed pilot involved is allowed to continue to serve, then the Panel shall immediately recommend to the Secretary of the Department that the privilege to so serve be immediately suspended, under the procedures provided in Section 120.60, F.S., pending final disposition of the case. Rulemaking Authority 455.225 FS. Law Implemented 455.225 FS. History–New 1-28-80, Formerly 21SS-8.06, Amended 9-4-91, Formerly 21SS-8.006, 21SS-17.002, Amended 4-5-04, Technical Change 2-26-26. 61G14-17.003 Disciplinary Grounds. Rulemaking Authority 310.185 FS. Law Implemented 120.60(8), 310.101, 310.141, 455.227 FS. History–New 6-18-81, Amended 2-10-82, 7-13-82, 10-31-84, Formerly 21SS-8.07, Amended 12-24-89, 6-27-90, 11-28-90, Formerly 21SS-8.007, 21SS-17.003, Amended 9-27-94, Repealed 10-30-95. 61G14-17.004 Guidelines for the Disposition of Disciplinary Cases. (1) Sanctions to be imposed by the board for misconduct, inattention to duty, negligence or willful violation of any law or rule applicable to licensed state pilots or certified deputy pilots shall be divided into classes of sanctions in descending order of severity as follows: (a) Class 1. Revocation of the license or certificate or refusal to certify to the department an application for license or certification. (b) Class 2. Suspension of the license or certificate. (c) Class 3. Restriction of the practice of the violator. (d) Class 4. Placement of the licensed state pilot or certified deputy pilot on probation for such period of time and subject to such conditions as the board may specify, including, but not limited to, requiring the pilot to submit to treatment, submit to additional or remedial training, submit to reexamination, or undergo a complete physical examination. (e) Class 5. Imposition of an administrative fine not to exceed $5,000 for each count or separate offense of which the offender is guilty. (f) Class 6. Issuance of a reprimand. (2) The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this chapter. In order to be considered a second or subsequent piloting offense, the then current piloting offense must follow a previous finding of guilt of an offense for which an equal, or more severe, sanction is authorized. VIOLATION Class of Violation Guidelines

(a) Section 310.101(1), F.S., any act of misconduct, inattention to duty, negligence, or incompetence; any willful violation of any law or rule, including the rules of the road, applicable to a licensed state pilot or certificate deputy pilot; or any failure to exercise that care which a reasonable and prudent licensed state pilot or certificated deputy pilot would exercise under the same or similar circumstances may result in disciplinary action. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

1. Willful violation of any law or rule, including board rules and rules of the road, applicable to a licensed state pilot or certified deputy pilot. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

2. Engaging in any practice which does not meet the acceptable standards of safe piloting. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

3. Making misleading, deceptive, or fraudulent representations in or related to the practice of the piloting profession. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

4. Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

5. Failing to report to the department any person who the licensee knows is in violation of Chapter 455 or 310, F.S., or the rules of the department or the board. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

6. Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455 or 310, F.S., or the rules of the department or the board. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

7. Making deceptive, untrue, or fraudulent representations in or related to the practice of the profession or employing a trick or scheme in or related to the practice of a profession. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

8. Violating any provision of Chapter 455, or 310, F.S., or the rules of the department or the board, or a lawful order of the department or the board, or failing to comply with a lawfully issued subpoena of the department. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

9. Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

10. In any jurisdiction being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime, which relates to the practice of, or the ability to practice, the piloting profession.

Class: 2 or 1

11. Regardless of adjudication, having ever been found guilty of, or pled guilty of, or pled guilty or nolo contendere to (i) a charge which was a felony or first degree misdemeanor which directly related to the navigation or operation of a vessel, or (ii) a felony involving the sale of or trafficking in, or conspiracy to sell or traffic in, a controlled substance as defined by Chapter 893, F.S., or an offense under the laws of any state or country which, if committed in this state, would constitute a felony of selling or trafficking in, or conspiracy to sell or traffic in, such controlled substance.

Class: 1

12. Attempting to obtain, obtaining, or retaining a license or certificate to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the board.

Class: 1

(b) Section 310.101(1)(a), F.S., failure to make allowances for the foreseeable effects of wind, current, and tide. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

(c) Section 310.101(1)(b), F.S., failure to obtain or properly use information available to the pilot. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

(d) Section 310.101(1)(c), F.S., failure to navigate with caution in limited visibility. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

(e) Section 310.101(1)(d), F.S., navigating in channels where the depth of water under the keel is less than the prescribed bottom clearance as recommended by the licensed state pilots of that port and approved by the board. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

(f) Section 310.101(1)(e), F.S., excessive speed. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

(g) Section 310.101(1)(f), F.S., having a license or certificate to practice piloting revoked, suspended, restricted, placed on probation, or in any way acted against, including, but not limited to, the relinquishing or depositing of the license or certificate in lieu of further disciplinary action, in anticipation of the filing of charges, or in lieu of prosecution, by the regulatory authority of another state, the Federal Government, a territory, or another country for an act which would constitute a ground for discipline if the act had occurred while piloting under authority of the Florida state pilot’s license or deputy pilot’s certificate.

Class: 2 or 1

(h) Section 310.101(1)(g), F.S., making or filing, or inducing another person to make or file, a report which the pilot knows to be false or intentionally or negligently failing to file, or willfully impeding or obstructing the filing of, a report or record required by state law or by rule of the board or the department. Such reports or records include on those which are signed by the pilot in his or her capacity as a licensed state pilot or certificated deputy pilot. First Offense:

Second Offense:

Third Offense:

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

(i) Section 310.101(1)(h), F.S., being unable to perform the duties of a pilot with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type material or as a result of any mental or physical condition such as, but not limited to, poor eyesight or hearing, heart disease, or unable to perform the duties of a pilot with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type material or as a result of any mental or physical condition such as, but not limited to, poor eyesight or hearing, heart disease, or diabetes.

Class: 4, 3, 2, 1 or any combination thereof

(j) Section 310.101(1)(i), F.S., practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities that the pilot knows or has reason to know he or she is not competent to perform. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3, 2, 1 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

(k) Section 310.101(1)(j), F.S., delegating professional responsibilities to a person when the pilot delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or license to perform them. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3, 2, 1 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

(l) Section 310.101(1)(k), F.S., engaging in any practice which does not meet acceptable standards of safe piloting. First Offense:

Second Offense:

Third Offense:

Class: 6, 5, 4, 3, 2, 1 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

(m) Section 310.101(1)(l), F.S., failure to maintain a valid Untied States Coast Guard first-class unlimited pilot’s license covering the waters of the port in which the state pilot’s license was issued.

Class: 2 or 1

(n) Section 310.101(1)(m), F.S., Having a license to operate a motor vehicle revoked, suspended, or otherwise acted against by any jurisdiction, including its agencies or subdivisions, for operating the vehicle under the influence of alcohol or drugs. First Offense:

Second Offense:

Third Offense:

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 5, 4, 3, 2, 1 or any combination thereof

Class: 2 or 1

(o) Section 310.101(1)(n), F.S., being unable to perform piloting with reasonable skill and safety by reason of illness or use of alcohol, drugs, narcotics, or chemicals. Class: 4, 3, 2, 1 or any combination thereof

(3) Aggravating or mitigating circumstances to be considered if there is to be a deviation from penalties provided herein shall include: (a) The danger to the public; (b) The length of time since the date of the last violation(s); (c) The length of time the licensee has been licensed; (d) The deterrent effect of the penalty imposed; (e) The effect of the penalty upon the licensee’s livelihood; (f) Efforts by the licensee toward rehabilitation; (g) Efforts by the licensee to correct or stop violations or evidence that the licensee has failed to correct or stop violations; (h) Any other mitigating or aggravating circumstances. (4) In addition to the conditions specified in paragraph (1)(d), any or all of the following conditions may be imposed as terms of probation: (a) Restitution of the cost of probation; (b) Payment of fine(s); (c) Consent to Department access to all business records; (d) Fulfilling continuing education requirements; (e) Consent to indirect or direct supervision by board-approved supervisor; (f) Consent to restriction of practice; including hours, days or type of practice; (g) Submission of reports by licensee and consent to submission of reports by supervisor and/or helping professional; (h) Consent to urine and blood testing; (i) Fulfilling requirements of making personal appearance(s) before the board; (j) Other conditions as are appropriate to the offense. Rulemaking Authority 310.101, 310.185, 455.2273 FS. Law Implemented 310.101, 455.227, 455.2273 FS. History–New 2-11-87, Formerly 21SS-7.005, 21SS-17.004, Amended 9-27-94, 5-1-02, 7-3-03, 12-5-06, 1-28-16. 61G14-17.005 Citations. (1) As used in this rule, “citation” means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a licensee or certificateholder for the purpose of assessing a penalty in an amount established by this rule. (2) In lieu of the disciplinary procedures contained in Section 455.225, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint that is the basis for the citation. If a violation for which a citation may be issued is discovered during the course of an investigation for an unrelated violation, the citation must be issued within 6 months from the discovery of the violation and filing of the uniform complaint form by the investigator. (3) The following violations with accompanying fine may be disposed of by citation: (a) Unintentional failure to timely file a marine incident report. The fine shall be $100. (See Section 310.111, F.S.) (b) Failure to report in writing to the Board within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication a crime in any jurisdiction. The fine shall be $100. (See Section 455.227(1)(t), F.S.) (4) If the subject does not dispute the matter in the citation in writing within 30 days after the citation is served by personal service or within 30 days after receipt by certified mail, the citation shall become a final order of the Board of Pilot Commissioners. The subject has 30 days from the date the citation becomes a final order to pay the fine and costs. Failure to pay the fine and costs within the prescribed time period constitutes a violation of Section 455.224, F.S., which will result in further disciplinary action. All fines and costs are to be made payable to “Department of Business and Professional Regulation – Citation.” (5) Prior to issuance of the citation, the investigator must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety and welfare, such potential for harm must be removed prior to issuance of the citation. (6) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to Rule 61G14-17.004, F.A.C. (7) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedure of Section 455.225, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.225, F.S., shall apply. Rulemaking Authority 455.224, 455.225 FS. Law Implemented 455.224 FS. History–New 2-16-92, Amended 8-24-92, Formerly 21SS-7.006, 21SS-17.005, Amended 9-27-94, 10-19-97, 8-25-10, Technical Change 1-23-26, 5-29-26. 61G14-17.006 Mediation. The Board of Pilot Commissioners has determined that violations by pilots or deputy pilots which are subject to discipline and which cause harm which is economic in nature and are therefore appropriate for mediation are failure to timely pay an administrative fine levied pursuant to subsection 61G14-17.004(2), F.A.C., and failure to reach an agreement concerning deputy pilot compensation pursuant to subsection 61G14-13.001(10), F.A.C. Rulemaking Authority 310.185, 455.2235 FS. Law Implemented 455.2235 FS. History–New 9-27-94, Amended 1-9-95. 61G14-17.007 Notice of Noncompliance. (1) As an alternative to the provisions of Sections 455.225(1) and (2), F.S., the Department may provide a licensee with a notice of noncompliance for an initial offense of a minor violation. (2) Minor violations that do not endanger the public health, safety and welfare, and which do not demonstrate a serious inability to practice the profession are: Failure to notify the Board of a change of address within thirty (30) days after relocation. Rulemaking Authority 310.185, 455.225(3) FS. Law Implemented 455.225(3) FS. History–New 10-19-97.

Chapter 61G14-19 PERCENTAGE OF GROSS PILOTAGE ASSESSED

Fla. Admin. Code R. 61G14-19 PERCENTAGE OF GROSS PILOTAGE ASSESSED

CHAPTER 61G14-19 PERCENTAGE OF GROSS PILOTAGE ASSESSED 61G14-19.001 Percentage of Gross Pilotage Assessed 61G14-19.001 Percentage of Gross Pilotage Assessed. (1) The Department of Business and Professional Regulation shall assess the pilots in the respective ports of the state seven tenths of one percent (.7%) of the gross amount of pilotage earned by said pilots during each year, effective July 1, 2013. For the purposes of said assessment, the gross amount of pilotage earned shall be the amount of money collected by each pilot or by each entity of which the pilot is a member for piloting which shall include and not be limited to payment for piloting vessels to and from ports of this state, docking or undocking vessels, shifting vessels, running lines, delivering orders at sea, cancelled orders, boat service, detention, pilots being carried to sea, anchoring vessels, and any other related services rendered. Funds collected due under this are to be made payable to the Board and paid by the fifteenth of the following month. When received, the funds are paid into the Professional Regulation Trust Fund as created within the Department. (2) In order to insure compliance with the requirements of subsection (1), each pilot or the entity of which the pilot is a member shall, on an annual basis, not later than April 15, beginning with the fiscal year ending December 31, 1980: (a) Submit to the Department a statement prepared by a certified public accountant showing the gross amount of pilotage earned during the previous year; or (b) Submit to the Department the first page of the Federal Income Tax return filed by the pilot or entity for the previous year. If the income tax return discloses income other than pilotage, there must also be submitted any other schedules necessary to reconcile the amount of pilotage earned with the amount of the assessment submitted to the Department. In the event that the pilot or the entity of which the pilot is a member fails to submit either a statement prepared by a certified public accountant or the first page of the appropriate Federal Income Tax return and other required schedules, the Department shall hire certified public accountants to audit the pilot or the entity of which the pilot is a member for the purpose of determining the gross amount of pilotage earned during the previous year. The cost of such an audit will be borne by the pilot or the entity of which the pilot is a member. Rulemaking Authority 310.131, 310.185 FS. Law Implemented 310.131 FS. History–New 2-5-76, Amended 1-19-77, 1-1-78, 12-7-78, 11-1-81, 6-8-82, 8-9-82, 7-31-83, Formerly 21SS-3.01, Amended 5-30-89, 2-19-90, 12-30-91, 12-2-92, Formerly 21SS-3.001, 21SS-19.001, Amended 3-20-94, 1-5-95, 1-30-96, 3-17-96, 11-21-96, 8-25-97, 1-26-99, 1-31-01, 8-1-02, 7-8-03, 2-17-05, 10-2-05, 2-1-06, 5-1-06, 7-1-06, 1-1-07, 8-1-07, 12-16-07, 7-1-08, 7-30-09, 12-31-09, 7-5-10, 11-1-10, 1-1-13, 7-1-13.

Chapter 61G14-20 PHYSICAL AND MENTAL CAPABILITIES OF DEPUTY PILOTS AND PILOTS

Fla. Admin. Code R. 61G14-20 PHYSICAL AND MENTAL CAPABILITIES OF DEPUTY PILOTS AND PILOTS

CHAPTER 61G14-20 PHYSICAL AND MENTAL CAPABILITIES OF DEPUTY PILOTS AND PILOTS 61G14-20.001 Deputy Pilots’ and State Pilots’ Physical and Mental Capabilities 61G14-20.002 State Pilots Physical and Mental Capabilities (Repealed) 61G14-20.001 Deputy Pilots’ and State Pilots’ Physical and Mental Capabilities. (1) The purpose of this rule is to establish minimum standards for the physical and mental capabilities necessary to carry out the professional duties of a certificated deputy pilot or licensed state pilot, as required by Sections 310.071, 310.073 and 310.081, F.S. (2) As used in this rule, the following definitions shall apply: (a) “Applicant” shall mean a person applying for initial certification as a deputy pilot; (b) “Pilot” shall mean a Florida licensed state pilot or a Florida certified deputy pilot; (c) “Certification of physical fitness” shall consist of all the following documents signed by a physician who holds an active, valid license issued pursuant to Chapter 458 or 459, F.S.:

1. Annual certification that the applicant or pilot is fully fit and qualified to perform the duties of a deputy pilot. The certification shall occur each calendar year and shall bear a date no later than thirteen months after the date appearing on such certification most recently submitted;
2. An original or true copy of form Department of Homeland Security, U.S. Coast Guard, USCG, CG-719K (Rev. 03/25) entitled “Application for Medical Certificate,” which form is incorporated herein by reference, available from https://flrules.org/Gateway/reference.asp?No=Ref-19657, or by contacting the Board office at 2601 Blair Stone Road, Tallahassee, Florida 32399-0790. The form shall bear a date no later than thirteen months after the date appearing on the copy of such form most recently submitted; and
3. Documentation that the applicant or pilot, within six months prior to the date the document is submitted, has met one of the Coast Guard drug testing requirements for transactions regarding licensing as follows:
   1. Submitted documentation that the applicant or the pilot has passed a USCG drug test conducted within the past six months by a laboratory accredited by the Substance Abuse and Mental Health Services Administration, Department of Health and Human Services;
   2. Submitted documentation that the applicant or pilot has been subject to a random testing program meeting the criteria of Title 46, CFR 16.230 (December 17, 2024), https://www.govinfo.gov/content/pkg/CFR-2025-title46-vol1/pdf/CFR-2025-title46-vol1-sec16-230.pdf, for at least 60 days during the past six months and has not failed nor refused to participate in a chemical test for any controlled substances regulated under Chapter 893, F.S.; or
   3. Submitted documentation demonstrating that the applicant or pilot has passed a preemployment chemical test for any controlled substances regulated under Chapter 893, F.S., within the past six months.
   The term “submitted” as used in this subsection shall mean provided to and received at the Board office at 2601 Blair Stone Road, Tallahassee, Florida 32399-0790. (3) Certification of physical fitness shall be submitted at the following times: (a) Applicants – within six months prior to the date the application is submitted; (b) Pilots – not later than thirteen months following the date the most recent certification of that pilot’s physical fitness was submitted; (c) Failure to comply with this rule shall result in discipline pursuant to Section 310.101, F.S., and rule Chapter 61G14-17, F.A.C. (4) Any evidence from a physical examination of a pilot which indicates that the subject has a clinical dependence upon alcohol use, or uses any controlled substance unless the subject is under the care of a physician, an advanced registered nurse practitioner, or a physician assistant and the controlled substance was prescribed by that physician, an advanced registered nurse practitioner, or physician assistant, shall subject the pilot to the provisions of Section 310.101, F.S. Proceedings thereunder shall be in accordance with the requirements of Section 120.569 and 120.57, F.S. (5) Any applicant or pilot affected by the Board’s action may request a hearing in accordance with Chapter 120, F.S., and must do so within twenty-one (21) days of receipt of notice of Board action, otherwise the Board action will become a final order of the Board on the day following the last day to request a hearing. (6) Nothing in this rule section shall be construed to limit the Department’s statutory authority to issue an emergency order suspending or revoking a pilot’s license or certificate where there is an immediate danger to the public health, safety, or welfare. Rulemaking Authority 310.071, 310.073, 310.081, 310.185 FS. Law Implemented 310.071, 310.073, 310.081 FS. History–New 2-22-95, Amended 1-4-00, 6-24-03, 9-12-05, 8-10-16, 8-25-26. 61G14-20.002 State Pilots Physical and Mental Capabilities. Rulemaking Authority 120.59, 120.60, 310.185(1) FS. Law Implemented 120.59, 120.60 FS. History–New 2-22-95, Repealed 1-4-00.

Chapter 61G14-21 PORTS

Fla. Admin. Code R. 61G14-21 PORTS

CHAPTER 61G14-21 PORTS 61G14-21.001 Ports 61G14-21.002 New Ports 61G14-21.001 Ports. (1) Ports for which pilots are licensed, or deputy pilots are certified, are: Fernandina, Jacksonville, Port Canaveral, Fort Pierce, Port of Palm Beach, Port Everglades, Miami, Key West, Fort Myers, Boca Grande, Tampa, Port Tampa, Port Manatee, St. Petersburg, Port St. Joe, Panama City and Pensacola. (2) A license or certificate issued for a port authorizes a pilot or deputy to provide pilot services upon the navigable waters of that port lying within the area delineated by the heavy dotted lines on the applicable following port chart or map and upon the navigable waters lying seaward therefrom to the point of boarding and disembarking described in rule 61G14-15.004, F.A.C.: (a) Fernandina:

(b) Jacksonville:

(c) Port Canaveral:

(d) Fort Pierce:

(e) Port of Palm Beach:

(f) Port Everglades:

(g) Miami:

(h) Key West:

(i) Fort Myers:

(j) Boca Grande:

(k) Tampa (includes Port Tampa, Port Manatee and St. Petersburg):

(l) Port St. Joe:

(m) Panama City:

(n) Pensacola:

Rulemaking Authority 310.185 FS. Law Implemented 310.002(4), 310.073, 310.075 FS. History–New 3-26-98. 61G14-21.002 New Ports. From time to time providers or users of maritime services, government agencies or others whose substantial interests may be affected, may wish to have provision made for the obtaining of pilot services at ports (as defined by section 310.002(4), F.S.) where such services are not then available. In such case, the following procedures shall be followed: (1) Such entity shall file with the Board a petition which shall contain or be accompanied by the following information: (a) Matters pertaining to safety including:

1. The dimensions, including the anticipated maximum draft of the largest vessel that is expected to call on the port;
2. A survey, completed within six months prior to the petition, of all berths, turning basins, anchorages, and channels that will be used when entering or leaving the port;
3. An engineer’s report as to the size and capabilities of any mooring at all berths to be used;
4. A report, from the appropriate government agency, as to the dimensions at the channel opening and as to the dynamic capabilities of any fendering for any bridge which crosses the pilotage waters to be transited; and
5. A listing of all proposed pilotage routes, their lengths and the anticipated speed of transit thereon. (b) Matters relating to financial feasibility and the number of pilots needed including:
6. The number of anticipated vessel callings per month and the maximum number of callings expected during any one day;
7. The anticipated use of the port at 18 months and at five years from the date of the petition. (c) Information concerning the following:
8. Boarding and disembarking point(s);
9. Existing and potential hazards of the port and waters to be transited;
10. Tides and currents;
11. Climatological information;
12. Existing traffic patterns;
13. Adequacy of aids to navigation;
14. Number of potential users;
15. Traffic currently transiting the pilotage waters in question;
16. Local ordinances pertaining to speeds, wakes, and anchoring;
17. Matters of environmental concern such as the presence of manatees, grass beds, or coral reefs; and
18. The availability of local funding for dredging and other waterway and port facility improvements. (2) Upon receipt of such application, it shall be referred to an ad hoc committee of not less than three Board members appointed by the chair. The committee shall obtain any additional safety and financial information it deems necessary to evaluate the application. (3) If requested by an entity demonstrating a substantial interest, the committee shall, or on its own volition may, hold one or more public hearings to receive and consider matters in support of or opposition to the application. (4) In evaluating the application, the committee’s responsibility is to determine whether the public health, safety and welfare will be best served by establishing the requested port. (5) Upon completion of its evaluation, the committee shall make its written recommendation to the Board that the application either: (a) Be denied, in which case the committee will state in writing its reasons for such recommendation; or (b) Be tentatively approved with provision for a specified number of pilots, deputy pilots or cross-licensed deputy pilots. (6) Upon the Board's tentative approval of an application: (a) The applicant, or the applicant’s designee, shall, at applicant's expense, pursue an application to the Pilotage Rate Review Board for the establishment of rates of pilotage at the proposed port. (b) For the proposed port, the Board shall establish such training programs, tests and pilot qualification requirements as are required or permitted by Florida Statutes. (7) Upon approval by the Board of a program for the proposed port for training, testing and qualifying pilot(s) or deputy(s), or both, and the Board’s finding that the Pilotage Rate Review Board has established rates of pilotage for it, the Board shall amend rule 61G14-21.001, F.A.C., to include that port and the appropriate process for pilot licensing thereat shall begin. Rulemaking Authority 310.185 FS. Law Implemented 310.002(4), 310.061, 310.073, 310.075 FS. History–New 3-26-98.

Chapter 61G14-22 APPLICATION PROCEDURES

Fla. Admin. Code R. 61G14-22 APPLICATION PROCEDURES

CHAPTER 61G14-22 APPLICATION PROCEDURES 61G14-22.001 Definitions 61G14-22.005 Contents of Application by a Pilot 61G14-22.006 Contents of Application by Persons Other Than a Pilot 61G14-22.007 Processing of Application 61G14-22.010 Notice of Intended Agency Action 61G14-22.012 Determination of Disputed Issues of Material Fact; Formal or Informal Hearings (Repealed) 61G14-22.001 Definitions. The following terms as used in these rules for rate making are defined to mean: (1) “Administrative hearing” means a hearing conducted under either Section 120.57(1) or (2), F.S., on intended agency action requested pursuant to Section 310.151(4), F.S. (2) “Application” means the documentation containing facts to support a request to modify rates in a port submitted by a pilot or group of pilots or a person or group of persons whose substantial interests are directly affected by the rates of pilotage at a port as set forth in Rules 61G14-22.005 and 61G14-22.006, F.A.C. (3) “Committee” means the Pilotage Rate Review Committee. (4) “Compilation” means an engagement that applies limited procedures to assist management in the presentation of financial statements and report on those statements without providing any assurance that there are no material modifications that should be made to the financial statements in order for them to be in accordance with the applicable financial reporting framework. (5) “Department” means the Department of Business and Professional Regulation. (6) “Financial Statements” means the presentation of balance sheets, statements of income and cash flows, and related notes to the financial statements derived from accounting records that purport to show actual or anticipated financial position and are intended to communicate an entity’s economic resources or obligations at a point in time, and the results of operations and cash flows for a period of time. Financial information included in tax returns is not considered a financial statement. (7) “Pilot” means a single licensed state pilot, or group of licensed state pilots. (8) “Public hearing” means the meeting of the Committee held pursuant to Section 310.151(3), F.S., on an application for a change in a rate of pilotage resulting in intended agency action to grant or deny the application. (9) “Persons other than a pilot or group of pilots” means a person or persons other than a pilot whose substantial interests are directly affected by the rates established by the Committee. (10) “Response” means a response to an application. (11) “Staff” or “Board staff” means the employees of, or consultants to, the Department assigned to administer the Committee’s policies pursuant to Section 310.151, F.S. (12) This rule shall be reviewed 5 years after its effective date. Rulemaking Authority 310.151(1)(d) FS. Law Implemented 310.151 FS. History–New 8-8-95, Amended 10-14-97, Formerly 61E13-2.001, Amended 4-12-23. 61G14-22.005 Contents of Application by a Pilot. Applications by a pilot for a change in rates of pilotage in order to be considered complete, shall include: (1) Financial statements of the pilot making application prepared in accordance with accounting principles accepted in the United States. Such financial statements shall be prepared as of the fiscal year ending closest to the date on which the rate change application is filed and shall also include the financial statements for the preceding fiscal year. The financial statements shall include the consolidated or combined financial statements of all the entities owned or partially owned, if any, by the pilot which provides pilot-related services. The financial statements shall be audited by an independent certified public accountant and shall include an unqualified opinion from that certified public accountant except where the consolidated or combined revenues of the applying pilot are less than $250,000, in which case, financial statements prepared in accordance with accounting principles accepted in the United States and compiled by a certified public accountant shall be accepted. All financial statements shall include a supplemental schedule detailing all operating expenses. (2) A schedule derived from the financial statements submitted indicating the average net income of pilots in the port area including the value of all benefits derived from service as a pilot. This schedule will also contain a comparison of the average net income using current rates to the projected average net income using the requested rates. The information for this shall be derived from the projected statements defined in subsection (8). (3) A schedule indicating the pilotage rates in other ports if deemed relevant by the applicant. (4) A schedule indicating the amount of time the applying pilot spends on actual piloting duty and the amount of time spent on other essential support services. (5) A schedule of the prevailing compensation available to individuals in other maritime services of comparable professional skills, if deemed relevant by the applicant. (6) Projected changes in vessel traffic for the next twenty-four months and the methodology used to reach the conclusions. (7) A narrative explaining special characteristics, dangers, and risks of the particular port. (8) A compilation of projected financial statements for the two years following the current year, by a certified public accountant, which shall include projected balances sheets, projected income statements, projected statements of cash-flows and related notes to the projected financial statements indicating the impact of the requested rates, projected changes in vessel traffic and projected expenses. (9) The application shall specify the rate change requested. (10) A narrative statement justifying the requested change. (11) Fee of $150. (12) A statement as to how the requested rate change will result in fair, just and reasonable rates taking into consideration the public interest in promoting and maintaining efficient, reliable and safe piloting services and further taking into consideration the factors set forth in Section 310.151(5)(b), F.S. Rulemaking Authority 310.151(1)(d) FS. Law Implemented 310.151(2), (3) FS. History–New 8-8-95, Amended 10-14-97, Formerly 61E13-2.005, Amended 4-12-23. 61G14-22.006 Contents of Application by Persons Other Than a Pilot. Applications by persons other than a pilot or group of pilots for a change in rates of pilotage shall be filed on a form adopted by the Committee and, in order to be considered complete, shall include: (1) A detailed statement setting forth the substantial interests of the applicant and how they are directly affected by the rates established by the Committee: (2) A recitation of the rates of pilotage in effect at the port in question; (3) A demand for the change in rates of pilotage, a detailed statement specifying the requested changed rate and a detailed statement explaining the reasons therefor; (4) If an application for a rate decrease is filed which alleges that financial hardship is caused to the applicant as a result of existing rates of pilotage, the applicant must submit financial statements justifying any such hardship claim. The financial statements shall be audited by an independent certified public accountant and shall include an unqualified opinion from that certified public accountant. The financial statements shall be prepared as of the fiscal year ending closest to the date on which the rate change application is filed and shall also include the financial condition and the results of operations for the preceding fiscal year. The financial statements shall include the consolidated or combined financial condition and the results of operations of all the entities owned or partially owned by the applicant. The financial statements shall include a supplemental schedule detailing all operating expenses for the port in question. The applicant must also submit a compilation of projected financial statements for the next two years following the current year, by a certified public accountant, which shall include projected balance sheets, projected income statements, projected statements of cash-flows and related notes to the projected financial statements indicating the impact of the requested rates, projected changes in vessel traffic and projected expenses. (5) Documentation supporting the requested change in rates; (6) How the requested rate change will result in fair, just and reasonable rates taking into consideration the public interest in promoting and maintaining efficient, reliable and safe piloting services and further taking into consideration the factors set forth in Section 310.151(5)(b), F.S. Rulemaking Authority 310.151 FS. Law Implemented 310.151 FS. History–New 8-8-95, Amended 10-14-97, Formerly 61E13-2.006, Amended 4-27-23, 8-25-26. 61G14-22.007 Processing of Application. To insure adequate time for comment to be received from the general public as well as all persons affected by the proposed fixing or changing of pilotage rates, and to insure adequate time for the Committee to properly investigate and report on the facts supporting the change in rates, the following procedures are established. (1) Every application to fix or change the rates of pilotage shall be submitted to the Committee with the original and seven (7) copies to expedite required distribution. In addition, any person other than a pilot or group of pilots filing the application shall serve by certified mail a copy of the application on a licensed state pilot or group of licensed state pilots at the port in question. (2) An application fee of $150 must be submitted to the Committee upon the filing of the application for a rate change. (3) Upon receipt of the application, the staff of the Committee shall promptly review the application for facial completeness and compliance with Rule 61G14-22.005 or 61G14-22.006, F.A.C., respectively. The Committee staff shall promptly notify the applicant of any incomplete items. The time periods in the following paragraphs shall not begin to run until the application is facially complete. The application shall be deemed complete if the staff does not notify the applicant of any incompleteness within 30 days of receipt of the application. Upon a determination of facial completeness, the Committee staff shall promptly notify every person who has previously requested receipt of notice of the filing of applications for a particular port and advise them that an application has been filed for the port by whom it was filed, and how a copy of the application may be obtained. (4) Upon determination of completeness of the application by the Committee staff, the Chair of the Committee, or the Vice Chair in the event of his or her absence shall immediately appoint an investigation committee to consist of members of the Department staff to review, investigate and certify to the Committee the information presented in the application. The investigation committee shall conclude its investigation within 20 days of the publication of the notice referenced in subsection (5), below. In the event that additional time is requested by the investigation committee, the Chair of the Committee shall, for good cause, grant a reasonable extension up to five additional business days. Good cause shall include intervening holidays, unavoidable delays in receipt of information necessary for a proper investigation, or any other reason for which such an extension would be granted in a judicial proceeding. The investigation committee shall prepare a report of the investigation which shall be filed, no later than 10 days prior to the public hearing, with the Executive Director of the Committee who shall immediately send a copy to each member of the Committee as well as to any other person requesting a copy. Any changes or additions to the original application must be sent in the form of a revised application with seven (7) copies, and must be received by the Committee Office five (5) business days prior to the completion date of the investigation. The filing of a revised application begins the application process anew requiring the Committee staff to review the revised application for completeness within 30 days as provided in subsection (3). (5) Upon determination of completeness of the application, the Committee’s Chair or the Vice Chair in the event of his or her absence shall schedule a public hearing on the application for the change in rates of pilotage. The Committee shall provide notice in the next available issue of the Florida Administrative Register and in a newspaper of general circulation in the affected port area and by mailing such notice to each person or organization which has requested advance notice of hearings relating to rates of pilotage. The notice shall state that an application for a change in the rates of pilotage has been filed with the Committee, state the affected port, contain a brief statement summarizing the requested change in rates of pilotage and state the time, date and place of the public hearing and site visit to the port to be conducted prior to the public hearing. The notice shall also include instructions for obtaining a copy of the application and a copy of the investigation committee’s report to the Committee when it becomes available. The notice shall advise all interested parties that they may file an answer, an additional or alternative application, or any other applicable pleading or response, including all documentation in support thereof submitted within 30 days after the date of publication of the notice, and the notice shall specify the last date by which any such pleading must be filed. Such publication and mailing of notice shall occur at least forty-five days prior to the hearing. The Committee, through its Chair, shall, for good cause, extend the period for responses to a petition for up to five business days. Good cause shall include intervening holidays, unavoidable delays in receipt of information necessary for a proper response, or any other reason for which such an extension would be granted in a judicial proceeding. (6) The filing of an additional or alternative application by an interested party shall require that the application be considered for completeness, and upon such determination being made, shall be consolidated with the original pending application. The investigation and the public hearing proceeding shall not occur until that determination has been made and all pending applications are consolidated. (7) The Committee shall conduct a visit of the port in question before the public hearing for the purpose of familiarizing itself with the port and the pilot station to assist the Committee in analyzing the application. (8) The Committee shall conclude its investigation, conduct a public hearing, and determine whether to modify the existing rates of pilotage in that port within 60 days after the filing of the completed application, except that the Committee may not be required to complete a hearing for more than one port within any 60-day period. (9) The public hearings shall be held in the affected port area, unless a different location is agreed upon by all parties to the proceeding. Rulemaking Authority 310.151(1)(d) FS. Law Implemented 310.151 FS. History–New 8-8-95, Amended 10-14-97, Formerly 61E13-2.007. 61G14-22.010 Notice of Intended Agency Action. The written order expressing the notice of intended agency action shall be filed with the agency clerk of the Department. The applicant shall be given written notice by service of the written order of intended agency action, by certified mail. In addition, a copy of the written order shall be mailed to each person who has previously requested copies of such orders. Notice of the intent to modify the pilotage rates in that port shall also be published in the next available Florida Administrative Register and in a newspaper of general circulation in the affected port area and shall be mailed to any person who has formally requested notice of any rate change in the affected port area. The published notice may be in the form of a summary of the intended agency action rather than the complete written order of intended agency action. Rulemaking Authority 310.151(1)(d) FS. Law Implemented 310.151 FS. History–New 8-8-95, Formerly 61E13-2.010. 61G14-22.012 Determination of Disputed Issues of Material Fact; Formal or Informal Hearings. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151, 120.57 FS. History–New 8-8-95, Amended 10-14-97, Formerly 61E13-2.012, Repealed 3-16-22.

Division 61G15 Board of Professional Engineers

Chapter 61G15-18 ORGANIZATION AND PURPOSE

Fla. Admin. Code R. 61G15-18 ORGANIZATION AND PURPOSE

CHAPTER 61G15-18 ORGANIZATION AND PURPOSE 61G15-18.001 Purpose (Repealed) 61G15-18.002 Board of Organization and Officers (Repealed) 61G15-18.003 Administrative Headquarters (Repealed) 61G15-18.004 Committees (Repealed) 61G15-18.005 Probable Cause Determination 61G15-18.006 Official Seal of the Board (Repealed) 61G15-18.007 Board Meetings (Repealed) 61G15-18.0071 Attendance at Board Meetings, Unexcused Absences 61G15-18.008 Adoption of Model Rules of Procedure (Repealed) 61G15-18.009 Official Records (Repealed) 61G15-18.010 Approved Schools and Colleges (Repealed) 61G15-18.011 Definitions 61G15-18.012 Other Board Business for Which Compensation is Allowed 61G15-18.013 Criteria for Investigators and Consultants (Repealed) 61G15-18.014 Joint Architecture and Engineering Committee Rule (Repealed) 61G15-18.015 Education Advisory Committee (Repealed) 61G15-18.020 Public Comment 61G15-18.001 Purpose. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 471.001 FS. History–New 1-8-80, Formerly 21H-18.01, 21H-18.001, Amended 11-15-94, Repealed 10-19-97. 61G15-18.002 Board of Organization and Officers. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 455.207, 471.007(1) FS. History–New 1-8-80, Formerly 21H-18.02, 21H-18.002, Repealed 10-19-97. 61G15-18.003 Administrative Headquarters. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 471.007 FS. History–New 1-8-80, Formerly 21H-18.03, 21H-18.003, Repealed 10-19-97. 61G15-18.004 Committees. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 1-8-80, Formerly 21H-18.04, Amended 1-6-92, Formerly 21H-18.004, Amended 11-15-94, Repealed 5-17-98. 61G15-18.005 Probable Cause Determination. Probable cause determination as to a violation of Chapter 471 or 455, F.S., and rules promulgated pursuant thereto shall be made by a probable cause panel of three (3) members, which must include one (1) current and a combination of two (2) current or former board members as appointed by the Chair. All proceedings of the probable cause panel shall be conducted in accordance with Chapters 120 and 455, F.S. Rulemaking Authority 455.225 FS. Law Implemented 455.225 FS. History–New 1-8-80, Amended 4-5-81, Formerly 21H-18.05, 21H-18.005, Amended 11-15-94, 1-6-02, 2-2-12, 8-26-19. 61G15-18.006 Official Seal of the Board. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 471.005 FS. History–New 1-8-80, Formerly 21H-18.06, 21H-18.006, Repealed 10-19-97. 61G15-18.007 Board Meetings. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 1-8-80, Formerly 21H-18.07, 21H-18.007, Amended 11-15-94, Repealed 10-19-97. 61G15-18.0071 Attendance at Board Meetings, Unexcused Absences. (1) Board members shall attend all regularly scheduled Board meetings unless prevented from doing so by reason of court order, subpoena, business with a court which has the sole prerogative of setting the date of such business, conflict with other scheduled business of the Board, conflicting business previously authorized by the Board, death of family member, illness of the Board member, hospitalization of the member’s immediate family, unavoidable travel delays or cancellations, or other extraordinary circumstances as approved by the Board. (2) Three consecutive unexcused absences or absences constituting 50 percent or more of the board’s meetings within any 12-month period shall cause the board membership of the member in question to become void, and the position shall be considered vacant. No Board member may be absent from three consecutive regularly scheduled Board meetings unless the absence is excused for one of the reasons stated in subsection (1) of this rule. An absence for any reason other than the reasons stated in subsection (1) constitutes an unexcused absence for the purpose of declaring a vacancy of the Board. An otherwise excused absence is not excused if the Board member fails to notify the Board’s Administrator and Chairperson of the impending absence 48 hours prior to the regularly scheduled Board meeting at which the absence will occur or unless the failure to notify the Board’s Administrator and Chairperson is the result of circumstances surrounding the reason for the absence which the Board itself excuses after the absence has occurred. The reason for the absence from a meeting shall be made part of the minutes of that meeting. (3) “Family” consists of immediate family, nieces, nephews, cousins, and in-laws. (4) “Immediate family” consists of spouse, child, parents, parents-in-law, siblings, grandchildren, and grandparents. Rulemaking Authority 455.207(3) FS. Law Implemented 455.207(3) FS. History–New 1-6-02. 61G15-18.008 Adoption of Model Rules of Procedure. Rulemaking Authority 120.53(5) FS. Law Implemented 120.54(5) FS. History–New 1-8-80, Formerly 21H-18.08, 21H-18.008, Repealed 7-2-12. 61G15-18.009 Official Records. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 455.229, 471.007 FS. History–New 1-8-80, Formerly 21H-18.09, 21H-18.009, Repealed 10-19-97. 61G15-18.010 Approved Schools and Colleges. Rulemaking Authority 1471.008, 471.013 FS. Law Implemented 471.013 FS. History–New 1-8-80, Formerly 21H-18.10, 21H-18.010, Repealed 2-2-12. 61G15-18.011 Definitions. As used in Chapter 471, F.S., and in these rules where the context will permit the following terms have the following meanings: (1) “Responsible Charge” shall mean that degree of control an engineer is required to maintain over engineering decisions made personally or by others over which the engineer exercises supervisory direction and control authority. The engineer in responsible charge is the Engineer of Record as defined in subsection 61G15-30.002(1), F.A.C. (a) The degree of control necessary for the Engineer of Record shall be such that the engineer:

1. Personally makes engineering decisions or reviews and approves proposed decisions prior to their implementation, including the consideration of alternatives, whenever engineering decisions which could affect the health, safety and welfare of the public are made. In making said engineering decisions, the engineer shall be physically present or, if not physically present, be available in a reasonable period of time, through the use of electronic communication devices, such as electronic mail, videoconferencing, teleconferencing, computer networking, or via facsimile transmission.
2. Judges the validity and applicability of recommendations prior to their incorporation into the work, including the qualifications of those making the recommendations.
3. Approves the inclusion of standard engineering design details into the engineering work. Standard engineering design details include details mandated or directed to be contained in engineering documents by governmental agencies (such as the Florida Department of Transportation); and details contained in engineering design manuals and catalogues that are generally accepted as authoritative in the engineering profession. In order to approve the inclusion of such details the Engineer of Record must conduct such reasonable analysis of the content of the standard detail(s) as is necessary in the sound professional judgment of the Engineer of Record to be assured that the inclusion of such detail(s) into the engineering work is acceptable engineering practice. (b) Engineering decisions which must be made by and are the responsibility of the Engineer of Record are those decisions concerning permanent or temporary work which could create a danger to the health, safety, and welfare of the public, such as, but not limited to, the following:
4. The selection of engineering alternatives to be investigated and the comparison of alternatives for engineering works.
5. The selection or development of design standards or methods, and materials to be used.
6. The selection or development of techniques or methods of testing to be used in evaluating materials or completed works, either new or existing.
7. The development and control of operating and maintenance procedures. (c) As a test to evaluate whether an engineer is the Engineer of Record, the following shall be considered:
8. The engineer shall be capable of answering questions relevant to the engineering decisions made during the engineer’s work on the project, in sufficient detail as to leave little doubt as to the engineer’s proficiency for the work performed and involvement in said work. It is not necessary to defend decisions as in an adversary situation, but only to demonstrate that the engineer in responsible charge made them and possessed sufficient knowledge of the project to make them. Examples of questions to be answered by the engineer could relate to criteria for design, applicable codes and standards, methods of analysis, selection of materials and systems, economics of alternate solutions, and environmental considerations. The individuals should be able to clearly define the span and degree of control and how it was exercised and to demonstrate that the engineer was answerable within said span and degree of control necessary for the engineering work done.
9. The engineer shall be completely in charge of, and satisfied with, the engineering aspects of the project.
10. The engineer shall have the ability to review design work at any time during the development of the project and shall be available to exercise judgment in reviewing these documents.
11. The engineer shall have personal knowledge of the technical abilities of the technical personnel doing the work and be satisfied that these capabilities are sufficient for the performance of the work. (d) The term “responsible charge” relates to engineering decisions within the purview of the Professional Engineers Act and does not refer to management control in a hierarchy of professional engineers except as each of the individuals in the hierarchy exercises independent engineering judgement and thus responsible charge. It does not refer to administrative and personnel management functions. While an engineer may also have such duties in this position, it should not enhance or decrease one’s status of being in responsible charge of the work. The phrase does not refer to the concept of financial liability. (2) “Engineering Design” shall mean that the process of devising a system, component, or process to meet desired needs. It is a decision-making process (often iterative), in which the basic sciences, mathematics, and engineering sciences are applied to convert resources optimally to meet a stated objective. Among the fundamental elements of the design process are the establishment of objectives and criteria, synthesis, analysis, construction, testing and evaluation. Central to the process are the essential and complementary roles of synthesis and analysis. This definition is intended to be interpreted in its broadest sense. In particular the words “system, component, or process” and “convert resources optimally” operate to indicate that sociological, economic, aesthetic, legal, ethical, etc., considerations can be included. (3) The term “evaluation of engineering works and systems” as used in the definition in the practice of engineering set forth in Section 471.005(7), F.S., includes but is not limited to services provided by testing laboratories involving the following: (a) The planning and implementation of any investigation or testing program for the purpose of developing design criteria either by an engineering testing laboratory or other professional engineers. (b) The planning or implementation of any investigation, inspection or testing program for the purpose of determining the causes of failures. (c) The preparation of any report documenting soils or other construction materials test data. (d) The preparation of any report offering any engineering evaluation, advice or test results, whenever such reports go beyond the tabulation of test data. Reports which document soils or other construction materials test data will be considered as engineering reports. (e) Services performed by any entity or provided by a testing laboratory for any entity subject to regulation by a state or federal regulatory agency which enforces standards as to testing shall be exempt from this rule except where the services otherwise would require the participation of a professional engineer. (4) “Certification” shall mean a statement signed and sealed by a professional engineer representing that the engineering services addressed therein, as defined in Section 471.005(7), F.S., have been performed by the professional engineer, and based upon the professional engineer’s knowledge, information and belief, and in accordance with commonly accepted procedures consistent with applicable standards of practice, and is not a guaranty or warranty, either expressed or implied. (5) The term “principal officer(s) of the business organization” as used in Section 471.023(1), F.S., means the (a) President, Vice President, Secretary or Treasurer of the Corporation, or Limited Liability Company (LLC); or (b) any other officer who has management responsibilities in the corporation or LLC, as documented by the corporate charter or bylaws so long as such documentation provides that such officer is empowered to bind the corporation or LLC in all of its activities which fall within the definition of the practice of engineering as that term is defined in Section 471.005(7), F.S. (6) The term “Florida Building Code” shall mean the Florida Building Code, 8th Edition, (2023) and supplements, adopted by the Florida Building Commission through Rule 61G20-1.001, F.A.C., effective 03/18/2026, which rule is incorporated herein by reference and which may be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-19574. (7) The term “Florida Fire Prevention Code” shall mean the Fire Code, Florida 2021 Edition, (2023), adopted by the Division of State Fire Marshal through rule Chapter 69A-60, F.A.C. The Florida Fire Prevention Code, effective 12-31-23, which rule chapter is incorporated herein by reference and which may be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-16630. Rulemaking Authority 471.008, 471.013 FS. Law Implemented 471.003, 471.005, 471.013, 471.023, 471.025, 471.033 FS. History–New 6-23-80, Amended 12-19-82, 11-22-83, Formerly 21H-18.11, Amended 1-16-91, 4-4-93, Formerly 21H-18.011, Amended 12-22-99, 4-19-01, 10-16-02, 9-15-04, 6-5-08, 6-2-09, 2-2-12, 6-12-16, 2-22-17, 3-4-18, 5-27-20, 6-29-21, 6-5-24, 6-15-26. 61G15-18.012 Other Board Business for Which Compensation is Allowed. The following are considered to be other business involving the Board as required by Section 455.207(4), F.S.: (1) All joint Board or Committee meetings required by statutes, Board rule or Board action. (2) Meetings of Board members with FEMC staff or contractors of FEMC at FEMC’s or the Board’s request. Any participation or meeting of members noticed or unnoticed will be on file in the Board office. (3) Where a Board member has been requested by the Secretary of the Department, the Executive Office of the Governor, or the Chair of a Legislative Committee to participate in a meeting or hearing. (4) Probable Cause Panel Meeting. (5) All activity of Board members, if authorized by the Board, when grading, proctoring or reviewing examinations. (6) All participation in Board authorized meetings with professional associations of which the Board is a member or invitee. This would include all meetings of national associations of which the Board is a member as well as Board authorized participation in meetings of national or professional associations or organizations involved in educating, regulating or reviewing the profession over which the Board has statutory authority. (7) Any and all other activities which are Board approved and which are necessary for Board members to attend in order to further protect the public health, safety and welfare, through the regulation of which the Board has statutory authority. Rulemaking Authority 455.207 FS. Law Implemented 455.207 FS. History–New 11-2-81, Formerly 21H-18.12, 21H-18.012, Amended 11-16-20, 11-26-25. 61G15-18.013 Criteria for Investigators and Consultants. Rulemaking Authority 455.203(8) FS. Law Implemented 455.203(8) FS. History–New 1-25-82, Amended 5-18-82, Formerly 21H-18.13, 21H-18.013, Amended 10-19-97, Repealed 2-3-00. 61G15-18.014 Joint Architecture and Engineering Committee Rule. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 471.003, 481.229 FS. History–New 8-29-83, Formerly 21H-18.14, 21H-18.014, Repealed 10-19-97. 61G15-18.015 Education Advisory Committee. Rulemaking Authority 471.008 FS. Law Implemented 471.008, 471.013 FS. History–New 8-18-87, Amended 2-18-88, Formerly 21H-18.015, Repealed 2-2-12. 61G15-18.020 Public Comment. The Board of Professional Engineers invites and encourages all members of the public to provide comment on matters or propositions before the Board or a committee of the Board. The opportunity to provide comment shall be subject to the following: (1) Members of the public will be given an opportunity to provide comment on subject matters before the Board after an agenda item is introduced at a properly noticed board meeting. (2) Members of the public shall be limited to five (5) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Board members, staff or board counsel. The chair of the Board may extend the time to provide comment if time permits. (3) Members of the public shall notify board staff in writing of their interest to be heard on a proposition or matter before the Board. The notification shall identify the person or entity, indicate support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons consisting of three (3) or more persons. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 10-28-14.

Chapter 61G15-19 GROUNDS FOR DISCIPLINARY PROCEEDINGS

Fla. Admin. Code R. 61G15-19 GROUNDS FOR DISCIPLINARY PROCEEDINGS

CHAPTER 61G15-19 GROUNDS FOR DISCIPLINARY PROCEEDINGS 61G15-19.001 Grounds for Disciplinary Proceedings 61G15-19.002 Payments of Fine 61G15-19.003 Purpose (Repealed) 61G15-19.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances 61G15-19.005 Citations (Repealed) 61G15-19.0051 Notice of Noncompliance 61G15-19.006 Mediation 61G15-19.007 Notice of Noncompliance (Repealed) 61G15-19.0071 Citations 61G15-19.008 Confidentiality of Investigations 61G15-19.001 Grounds for Disciplinary Proceedings. (1) Pursuant to Section 471.033(2), F.S., the Board, to the extent not otherwise set forth in Florida Statutes, hereby specifies that the following acts or omissions are grounds for disciplinary proceedings pursuant to Section 471.033(1), F.S. (2) A professional engineer shall not advertise in a false, fraudulent, deceptive or misleading manner. As used in Section 471.033(1)(f), F.S., the term “advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content” shall include without limitation a false, fraudulent, misleading, or deceptive statement or claim which: (a) Contains a material misrepresentation of facts; (b) Omits to state any material fact necessary to make the statement in the light of all circumstances not misleading; (c) Is intended or is likely to create an unjustified expectation; (d) States or implies that an engineer is a certified specialist in any area outside of his field of expertise; (e) Contains a representation or implication that is likely to cause an ordinary prudent person to misunderstand or be deceived or fails to contain warnings or disclaimers necessary to make a representation or implication not deceptive; (f) Falsifies or misrepresents the extent of his education, training or experience to any person or to the public at large, tending to establish or imply qualification for selection for engineering employment, advancement, or professional engagement. A professional engineer shall not misrepresent or exaggerate his degree of responsibility in or for the subject matter of prior assignments; (g) In any brochure or other presentation made to any person or to the public at large, incident to the solicitation of an engineering employment, misrepresents pertinent facts concerning a professional engineer’s employer, employees, associates, joint ventures, or his or their past accomplishments with the intent and purpose of enhancing his qualifications and his works. (3) A professional engineer, corporation or partnership, or other qualified business organization (“firm”) shall not practice engineering under an assumed, fictitious or corporate name that is misleading as to the identity, responsibility or status of those practicing thereunder or is otherwise false, fraudulent, misleading or deceptive within the meaning of subsection 61G15-19.001(2), F.A.C. When a qualified business organization or individual is practicing engineering as a sole proprietor under a combination of his own given name, and terms such as “engineering,” “and associates” or “and company,” then said person or qualified business organization is practicing engineering under a fictitious name, and must be qualified by a Florida professional engineer pursuant to Section 471.023(2), F.S. (4) A professional engineer shall not be negligent in the practice of engineering. The term negligence set forth in Section 471.033(1)(g), F.S., is herein defined as the failure by a professional engineer to utilize due care in performing in an engineering capacity or failing to have due regard for acceptable standards of engineering principles. Professional engineers shall approve and seal only those documents that conform to acceptable engineering standards and safeguard the life, health, property and welfare of the public. Failure to comply with the procedures set forth in the Responsibility Rules as adopted by the Board of Professional Engineers shall be considered as non-compliance with this section unless the deviation or departures therefrom are justified by the specific circumstances of the project in question and the sound professional judgment of the professional engineer. (5) A professional engineer shall not be incompetent to practice engineering. Incompetence in the practice of engineering as set forth in Section 471.033(1)(g), F.S., shall mean the physical or mental incapacity or inability of a professional engineer to meet minimum standards in the performance of the duties required of the professional engineer. (6) A professional engineer shall not commit misconduct in the practice of engineering. Misconduct in the practice of engineering as set forth in Section 471.033(1)(g), F.S., shall include, but not be limited to: (a) Being untruthful, deceptive, or misleading in any professional report, statement, or testimony whether or not under oath or omitting relevant and pertinent information from such report, statement or testimony when the result of such omission would or reasonably could lead to a fallacious conclusion on the part of the client, employer or the general public; (b) Performing an engineering assignment when not qualified by training or experience in the practice area involved;

1. All professional engineer asbestos consultants are subject to the provisions of Sections 469.001 ‒ 469.014 and Chapter 471, F.S., and Chapter 61G15-19, F.A.C., and shall be disciplined as provided therein.
2. The approval of any professional engineer as a “special inspector” under the provisions of Chapter 553, F.S., does not constitute acceptance by the Board that any such professional engineer is in fact qualified by training or experience to perform the duties of a “special inspector” by virtue of training or experience. Any such professional engineer must still be qualified by training or experience to perform such duties and failure to be so qualified could result in discipline under this chapter or Chapter 471, F.S.; (c) Affixing a signature or seal to any engineering plan of document in a subject matter over which a professional engineer lacks competence because of inadequate training or experience; (d) Offering directly or indirectly any bribe or commission or tendering any gift to obtain selection or preferment for engineering employment with the exception of the payment of the usual commission for securing salaried positions through licensed employment agencies; (e) Becoming involved in a conflict of interest with an employer or client, without the knowledge and approval of the client or employer, but if unavoidable a professional engineer shall immediately take the following actions:
3. Disclose in writing to his employer or client the full circumstances as to a possible conflict of interest; and,
4. Assure in writing that the conflict will in no manner influence the professional engineer’s judgment or the quality of his services to his employer or client; and,
5. Promptly inform his client or employer in writing of any business association, interest or circumstances which may be influencing his judgment or the quality of his services to his client or employer; (f) Soliciting or accepting financial or other valuable considerations from material or equipment suppliers for specifying their products without the written consent to the engineer’s employer or client; (g) Soliciting or accepting gratuities directly or indirectly from contractors, their agents or other parties dealing with the professional engineer’s client or employer in connection with work for which the professional engineer is responsible without the written consent of the engineer’s employer or client; (h) Use by a professional engineer of his engineering expertise and/or his professional engineering status to commit a felony; (i) Affixing his seal and/or signature to plans, specifications, drawings, or other documents required to be sealed pursuant to Section 471.025(1), F.S., when such document has not been personally prepared by the engineer or prepared under his responsible supervision, direction and control; (j) A professional engineer shall not knowingly associate with or permit the use of his name or firm name in a business venture by any person or firm which he knows or has reason to believe is engaging in business or professional practices of a fraudulent or dishonest nature; (k) If his engineering judgment is overruled by an unqualified lay authority with the results that the public health and safety is threatened, failure by a professional engineer to inform his employer, responsible supervision and the responsible public authority of the possible circumstances; (l) If a professional engineer has knowledge or reason to believe that any person or firm is guilty of violating any of the provisions of Chapter 471, F.S., or any of these rules of professional conduct, failure to immediately present this information to FEMC; (m) Violation of any law of the State of Florida directly regulating the practice of engineering; (n) Failure on the part of any professional engineer or qualified business organization to obey the terms of a final order imposing discipline upon said professional engineer or qualified business organization; (o) Making any statement, criticism or argument on engineering matters which is inspired or paid for by interested parties, unless the professional engineer specifically identifies the interested parties on whose behalf he is speaking, and reveals any interest he or the interested parties have in such matters; (p) Sealing and signing all documents for an entire engineering project, unless each design segment is signed and sealed by the professional engineer in responsible charge of the preparation of that design segment; (q) Revealing facts, data or information obtained in a professional capacity without the prior consent of the professional engineer’s client or employer except as authorized or required by law. (r) Renewing or reactivating a license without completion of Continuing Education (CE) hours and subject areas as required by Section 471.017, F.S., and Rule 61G15-22.001, F.A.C. (7) A professional engineer who performs building code inspector or plans examiner duties in accordance with Section 471.045, or 468.603(4) & (8), F.S., shall be subject to disciplinary action for commission of the following: (a) Violating or failing to comply with any provision of Chapter 471, F.S., or the rules of the Board of Professional Engineers; (b) Having been convicted of a crime in any jurisdiction which directly relates to the practice of building code inspection or plans examination; (c) Making or filing a false report or record, inducing another to file a false report or record, failing to file a report or record required by state or local law, impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. (8) A professional engineer shall not be negligent in the practice of engineering while performing duties as a special inspector. Negligence is herein defined as the failure by a professional engineer to utilize due care in performing in an engineering capacity or failing to have due regard for acceptable standards of engineering and special inspection principles. Failure to comply with the procedures set forth in the Responsibility Rules for Professional Engineers Providing Threshold Building Inspection, as adopted by the Board of Professional Engineers, shall be considered non-compliance with this section unless the deviation or departures therefrom are justified by the specific circumstances of the project in question and the sound professional judgment of the engineer. Rulemaking Authority 471.033 FS. Law Implemented 471.025, 471.033 FS. History–New 1-8-80, Amended 6-23-80, 3-23-81, 6-4-85, Formerly 21H-19.01, Amended 5-14-86, 4-23-87, 11-8-88, 1-11-89, 7-3-90, 11-9-92, Formerly 21H-19.001, Amended 11-27-94, 5-20-02, 9-5-16, 12-29-19, 4-19-23, Technical Change 3-20-26, Amended 8-20-26. 61G15-19.002 Payments of Fine. All fines imposed by the Board for violations of Section 471.033, F.S., shall be paid within a period of thirty (30) days from the date of the final order entered by the Board. This time limit may be modified by the Board at its discretion in order to prevent undue hardship to the public. Rulemaking Authority 455.227(3)(b) FS. Law Implemented 455.227(3)(b), 471.033(3)(c) FS. History–New 8-19-80, Formerly 21H-19.02, 21H-19.002, Technical Change 3-20-26. 61G15-19.003 Purpose. Rulemaking Authority 471.033(2) FS. Law Implemented 471.001, 471.033 FS. History–New 5-14-86, Formerly 21H-19.003, Repealed 2-2-12. 61G15-19.004 Disciplinary Guidelines; Range of Penalties; Aggravating and Mitigating Circumstances. (1) The Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon practitioners (including qualified business organizations) guilty of violating Chapter 455 or 471, F.S., or the rules promulgated thereto. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which will normally be imposed upon violations of particular provisions of Chapter 455 or 471, F.S. The disciplinary guidelines are based upon a single count violation of each provision listed. Multiple counts of violations of the same provision of Chapter 455 or 471, F.S., or the rules promulgated thereto, or other unrelated violations contained in the same administrative complaint will be grounds for enhancement of penalties. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty at the Board’s discretion. Other terms may be imposed by the Board at its discretion. (2) In imposing discipline in proceedings pursuant to Section 120.57(1) and (2), F.S., the following disciplinary guidelines shall be followed by the Board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules. For the purposes of this rule, the descriptions of the violations are abbreviated and the full statute or rule cited should be consulted to determine the prohibited conduct. VIOLATION PENALTY RANGE

FIRST VIOLATION SECOND VIOLATION THIRD OR SUBSEQUENT VIOLATIONS

(a) Violating any provision of Section 455.227(1), 471.025 or 471.031, F.S., or any other provision of Chapter 471, F.S., or rule of the Board or Department. (Sections 471.033(1)(a) and 455.227(1)(b), (q), F.S.) not otherwise specifically enumerated below. Reprimand and $1,000.00 fine, to one (1) year suspension, two (2) years’ probation and $5,000 fine. Reprimand, $2,500 fine and one (1) year suspension followed by two (2) years’ probation to five (5) years’ suspension followed by five (5) years’ probation and a $5,000 fine. $5,000 fine and Revocation.

1. Failure to sign, seal or date documents. (Section 471.025(1), F.S.) Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension. Reprimand, $2,500 fine and one (1) year suspension to $5,000 fine and five (5) year suspension followed by five (5) years’ probation. $5,000 fine and Revocation.

2. Sealing any document after license has expired or been revoked or suspended, or failure to surrender seal if the license has been revoked or suspended. (Section 471.025(2), F.S.) Suspended license: Revocation with ability to reapply after five (5) years and $2,500 fine. Revoked license: $5,000 fine and Referral to State’s Attorney’s office.

3. Signing or sealing any document that depicts work the licensee is not licensed to perform or which is beyond his or her profession or specialty therein or practicing or offering to practice beyond the scope permitted by law or accepting and performing responsibilities the licensee is not competent to perform. (Sections 471.025(3), 455.227(1)(o), F.S., paragraphs 61G15-19.001(6)(c), (d), F.A.C.) Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension. Reprimand, $5,000.00 fine, one (1) year suspension and two (2) years’ probation to Revocation. $5,000 fine and Revocation.

4. Firm practicing without proper qualification. (Section 471.023, F.S., and subsection 61G15-19.001(3), F.A.C.) $500 fine to $1,000 fine. $1,000 fine to $2,500 fine. $5,000 fine.

5. Practicing engineering without a license or using a name or title tending to indicate that such person holds an active license as an engineer. (Sections 471.031(1)(a), (b), F.S.) In addition to referral to State Attorney’s Office and denial of future application for licensure, from a $1,000 fine to a $2,500 fine. In addition to referral to State Attorney’s Office from a $2,500 fine to a $5,000 fine. In addition to referral to State Attorney’s Office, a $5,000 fine.

6. Presenting as his or her own the license of another. (Section 471.031(1)(c), F.S.) In addition to referral to State Attorney’s Office and denial of future application for licensure, from a $1,000 fine to a $2,500 fine. In addition to referral to State Attorney’s Office from a $2,500 fine to a $5,000 fine. In addition to referral to State Attorney’s Office, a $5,000 fine.

7. Giving false or forged evidence to the Board or concealing information relative to violations of this chapter. (Sections 471.031(1)(d), (g), F.S.) Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation. Reprimand, $2,500 fine and one (1) year suspension to $5,000 fine and two (2) year suspension followed by two (2) years’ probation. $5,000 fine and Revocation.

8. Employing unlicensed persons to practice engineering or aiding, assisting, procuring, employing unlicensed practice or practice contrary to Chapter 455 or 471, F.S. (Sections 471.031(1)(f), and 455.227(1)(j), F.S.) Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation. Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years’ probation. $5,000 fine and Revocation.

9. Having been found liable for knowingly filing a false complaint against another licensee. (Section 455.227(1)(g), F.S.) Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation. Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years’ probation $5,000 fine and Revocation.

10. Failing to report a person in violation of Chapters 455, and 471, F.S., or the rules of the Board or the Department. (Section 455.227(1)(i), F.S.) Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation. Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years’ probation. $5,000 fine and Revocation.

11. Failing to perform any statutory or legal obligation. (Section 455.227(1)(k), F.S.) Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation. Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years’ probation. $5,000 fine and Revocation.

12. Exercising influence on a client for financial gain. (Section 455.227(1)(n), F.S.) Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation. Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years’ probation. $5,000 fine and Revocation.

13. Improper delegation of professional responsibilities. (Section 455.227(1)(p), F.S.) Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation. Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years’ probation. $5,000 fine and Revocation.

14. Improperly interfering with an investigation or inspection or disciplinary proceeding. (Section 455.227(1)(r), F.S.) $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation. Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine and two (2) year suspension followed by two (2) years’ probation. $5,000 fine and Revocation.

(b) Attempting to procure a license by bribery, fraudulent misrepresentation, or error of the Board or Department. (Sections 471.033(1)(b) and 455.227(1)(h), F.S.) $5,000 fine and permanent revocation or denial of license (minimum and maximum same).

(c) Having a license to practice engineering acted against or denied by another jurisdiction. (Sections 471.033(1)(c) and 455.227(1)(f), F.S.) In addition to a reprimand, from a $500 fine to a $1,000 fine. In addition to a reprimand, from a $1,000 fine to a $2,500 fine. Reprimand and $5,000 fine.

(d)1. Being convicted or found guilty of, or entering a plea of nolo contendere to a, crime which relates to the practice or ability to practice. (Sections 471.033(1)(d) and 455.227(1)(c), F.S.) Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation. Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine, two (2) years’ suspension followed by two (2) years’ probation and completion of Basic Engineering Ethics Course. $5,000 fine and Revocation.

2. Conviction of crime related to building code inspection or plans examination. (Paragraph 61G15-19.001(7)(b), F.A.C.) Reprimand, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation and completion of Basic Engineering Professionalism Course. Reprimand, $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine, two (2) years’ suspension followed by two (2) years’ probation and completion of Intermediate Engineering Ethics Course. $5,000 fine and Revocation.

(e) Knowingly making or filing a false report or record, failing to file a report or record required by law, impeding or obstructing such filing. (Sections 471.033(1)(e), 455.227(1)(l), F.S., and paragraph 61G15-19.001(7)(c), F.A.C.) Reprimand, completion of Basic Engineering Ethics Course, and $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation. Reprimand, completion of Intermediate Engineering Ethics Course, and $2,500 fine and one (1) year suspension followed by one (1) year probation to $5,000 fine, two (2) years’ suspension followed by two (2) years’ probation. $5,000 fine and Revocation.

(f) Fraudulent, false, deceptive or misleading advertising. (Sections 471.033(1)(f), F.S., and subsection 61G15-19.001(2), F.A.C.) Reprimand, completion of Basic Engineering Ethics Course, $1,000 fine and one (1) year probation to $2,500 fine and one (1) year suspension followed by one (1) year probation. Reprimand, completion of Intermediate Engineering Ethics course, $2,500 fine, two (2) years’ suspension followed by two (2) years’ probation to $5,000 fine and five (5) years’ suspension followed by five (5) years’ probation. $5,000 fine and Revocation.

(g) Fraud, deceit, negligence, incompetence or misconduct. (Sections 471.033(1)(g) and 455.227(1)(a), (m), F.S.)

1. Fraud or deceit. Reprimand, completion of Basic Engineering Ethics Course, $1,000 fine and two (2) years’ probation to one (1) year suspension followed by one (1) year probation and $5,000.00 fine. Reprimand, completion of Intermediate Engineering Ethics Course, one (1) year suspension followed by one (1) year probation and $2,500 fine to five (5) years’ suspension followed by five (5) years’ probation and a $5,000 fine. $5,000 fine and Revocation.

2.a. Negligence. (Subsection 61G15-19.001(4), F.A.C.) Reprimand; $1,000 fine per count; two (2) years’ probation with plans review, and Basic Engineering Ethics Course to two (2) years’ suspension followed by five (5) years’ probation with plans review and $2,500 fine. Reprimand; $2,500 fine per count; one (1) year suspension followed by two (2) years’ probation with plans review; Intermediate Engineering Ethics Course to five (5) year suspension followed by ten (10) years’ probation with plans review. $5,000 fine and Revocation.

b. Negligence in procedural requirements. (Subsections 61G15-30.003(2), (3) and (5), F.A.C.; Rules 61G15-30.005 and 61G15-30.006, F.A.C.) Reprimand; $1,000 fine per count; two (2) years’ probation with plans review; Basic Engineering Ethics Course to two (2) years’ suspension followed by five (5) years’ probation with plans review and $2,500 fine. Reprimand; $2,500 fine per count; one (1) year suspension followed by two (2) years’ probation with plans review; Intermediate Engineering Ethics Course to five (5) year suspension followed by ten (10) years’ probation with plans review. $5,000 fine and Revocation.

c. As a special inspector. Reprimand; $1,000 fine per count; two (2) years’ probation with plans review; Basic Engineering Ethics Course to two (2) years’ suspension followed by five (5) years’ probation with plans review and $2,500 fine. Reprimand; $2,500 fine per count; one (1) year suspension followed by two (2) years’ probation with plans review; Intermediate Engineering Ethics Course to five (5) year suspension followed by ten (10) years’ probation with plans review. $5,000 fine and Revocation.

3. Incompetence. (Subsection 61G15-19.001(5), F.A.C.) Reprimand; $1,000 fine per count; two (2) years’ probation with plans review; Basic Engineering Ethics Course to two (2) years’ suspension followed by five (5) years’ probation with plans review and $2,500 fine. Reprimand; $2,500 fine per count; one (1) year suspension followed by two (2) years’ probation with plans review; Intermediate Engineering Ethics Course to five (5) year suspension followed by ten (10) years’ probation with plans review. $5,000 fine and Revocation

4. Misconduct. (Subsection 61G15-19.001(6), F.A.C.) Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years’ probation; and Basic Engineering Ethics Course to two (2) years’ suspension followed by five (5) years’ probation with plans review and $2,500 fine. Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course to five (5) year suspension followed by ten (10) years’ probation with plans review. $5,000 fine and Revocation.

a. Being untruthful, deceptive or misleading in any professional report, statement or testimony or omitting relevant and pertinent information from such report, statement or testimony when the result or such omission would or reasonably could lead to a fallacious conclusion. (Paragraph 61G15-19.001(6)(a), F.A.C.) Reprimand, Basic Engineering Ethics Course and $1,000 fine to six (6) months suspension followed by two (2) years’ probation and Basic Engineering Ethics Course. Reprimand, $1,000 fine, six (6) month’s suspension followed by one (1) year probation and Intermediate Engineering Ethics Course to $2,500 fine, one (1) year suspension followed by two (2) years’ probation and intermediate Engineering Ethics Course. $5,000 fine and Revocation.

b. Offering directly or indirectly any bribe or commission or tendering any gift to obtain selection or preferment for engineering employment other than the payment of the usual commission for securing salaried positions through licensed employment agencies. (Paragraph 61G15-19.001(6)(d), F.A.C.) Reprimand; $1,000 fine per count; two (2) years’ probation with plans review; Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years’ probation. Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years’ probation. $5,000 fine and Revocation.

c. Soliciting or accepting gratuities without client knowledge. (Paragraphs 61G15-19.001(6)(f), (g), F.A.C.) Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years’ probation; and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years’ probation. Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years’ probation. $5,000 fine and Revocation.

d. Failure to preserve client’s confidence. (Paragraph 61G15-19.001(6)(q), F.A.C.) Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years’ probation; and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years’ probation. Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years’ probation. $5,000 fine and Revocation

e. Professional judgment overruled by unqualified person. (Paragraph 61G15-19.001(6)(k), F.A.C.) Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years’ probation; and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years’ probation. Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years’ probation. $5,000 fine and Revocation.

f. Use of name/firm in fraudulent venture. (Paragraph 61G15-19.001(6)(j), F.A.C.) Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years’ probation; and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years’ probation. Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years’ probation. $5,000 fine and Revocation.

g. Undisclosed conflict of interest. (Paragraphs 61G15-19.001(6)(e), (o), F.A.C.) Reprimand; $1,000 fine per count; one (1) year suspension followed by two (2) years’ probation; and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years’ probation. Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years’ probation. $5,000 fine and Revocation.

h. Renewing or reactivating a license without completion of continuing education hours. (Paragraph 61G15-19.001(6)(r), F.A.C.)

(I) Failure to complete Florida Board approved Laws and Rules or Professional Ethics course prior to renewal. Remedial action only, complete Florida Laws and Rules Study Guide. $250 fine and 2 hours live or live streaming CE for each hour of missing CE, in addition to hours required for biennial renewal OR completion of Auburn University Online Ethics Course. Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.

(II) Failure to complete Board approved Laws and Rules and Professional Ethics prior to renewal Remedial action only, complete Florida Laws and Rules Study Guide. $500 fine and 2 hours live or live streaming CE for each hour of missing CE, in addition to hours required for biennial renewal OR completion of Auburn University Online Ethics Course. Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.

(III) Failure to complete any state’s Laws and Rules and/or Professional Ethics courses. Remedial action only: $250 fine, Florida Laws and Rules Study Guide, and complete Florida Board approved courses in both areas in addition to CE required for biennial licensure renewal. $500 fine, Florida Laws and Rules Study Guide and Auburn University Online Ethics Course. Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.

(IV) Failure to complete any/all required CE prior to licensure renewal/reactivation; all credits completed prior to initiation of complaint. Remedial action only: $250 fine and Florida Laws and Rules Study Guide. $500 fine, Florida Laws and Rules Study Guide and Auburn University Online Ethics Course. Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.

(V) Failure to complete any/all required CE prior to licensure renewal/reactivation, all hours completed prior to Administrative Complaint being filed. Remedial action only: $500 fine and Florida Laws and Rules Study Guide. Reprimand, $2,000 fine and 2 hours live or live streaming CE for each hour of missing CE, in addition to hours required for biennial renewal OR completion of Auburn University Online Ethics Course. Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.

(VI) Failure to complete any/all required CE prior to licensure renewal/reactivation; no response to audit or complaint prior to service of Administrative Complaint. Reprimand, $5,000 fine and 2 hours live or live streaming CE for each hour of missing CE, in addition to hours required for biennial renewal AND completion of Auburn University Online Ethics Course. Reprimand, one (1) year suspension, completion of 36 hours live CE in addition to hours required for biennial renewal and completion of Auburn University Engineering Ethics Course.

(h) Violating any provision of Chapter 455, F.S. (Sections 471.033(1)(h) and 455.227(1)(q), F.S.) Reprimand; $1,000 fine per count; two (2) years’ probation with plans review, and Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years’ probation. Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years’ probation. $5,000 fine and Revocation.

(i) Renewing or reactivating a license without completion of continuing education hours. (Paragraph 61G15-19.001(6)(r), F.A.C.)

Renewed license without Laws & Rules and/or Florida professional ethics hours; completed missing CE after audit but prior to administrative complaint being filed. Completion of Laws and Rules Study Guide and Auburn University ethics course. $1,000 fine and completion of Laws and Rules Study Guide and Auburn University ethics course (1) year suspension and $2,500.00 fine to revocation

Renewed license while lacking ten (10) or more hours of CE; missing CE completed after audit but prior to administrative complaint being filed. Completion of Laws and Rules Study Guide and Auburn University ethics course. Reprimand, $1,000 fine and completion of Laws and Rules Study Guide and Auburn University ethics course. (1) year suspension, $2,500 fine, and personal appearance prior to reinstatement to revocation.

Renewed license without Laws & Rules and/or Florida professional ethics hours and lacking five or less hours of general CE; completed missing CE after audit but prior to administrative complaint being filed. Completion of Laws and Rules Study Guide and Auburn University ethics course. Reprimand, $1,000 fine, completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board. (1) year suspension, $2,500 fine, and personal appearance prior to reinstatement to revocation.

Renewed license while lacking ten (10) or more hours of CE; missing CE completed after administrative complaint filed. Reprimand, $1,000 fine, completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board. Reprimand, $2,500 fine, completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board to one (1) year suspension and $2,500 fine. (1) year suspension, $2,500 fine, and personal appearance prior to reinstatement to revocation.

Renewed license without all CE. Never completed the CE and/or did not respond to the audit. Reprimand, suspension of license until CE completed, $1,000 fine, completion of Laws and Rules Study Guide and Auburn University ethics course, and personal appearance before board. (2) year suspension, $2,500 fine, completion of all missing CE, and personal appearance prior to reinstatement to Revocation. Revocation.

(j) Affixing or permitting to be affixed his or her seal, name, or digital signature to any documents that were not prepared by him or her or under his or her responsible supervision, direction or control. (Section 471.033(1)(j), F.S., and paragraphs 61G15-19.001(6)(i), (p), F.A.C.) Reprimand; $1,000 fine per count; two (2) years’ probation with plans review; Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years’ probation. Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years’ probation. $5,000 fine and Permanent Revocation.

(k) Violating any order of the board or department. (Sections 471.033(1)(k), 455.227(1)(q), F.S., and paragraph 61G15-19.001(6)(n), F.A.C.) Reprimand; $1,000 fine per count; two (2) years’ probation with plans review; Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years’ probation. Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years’ probation. $5,000 fine and Permanent Revocation.

(l) Aiding, assisting, procuring, employing unlicensed practice or practice contrary to Chapter 455 or 471, F.S. (Section 455.227(1)(j), F.S.) Reprimand; $1,000 fine per count; two (2) years’ probation with plans review; Basic Engineering Ethics Course to $2,500 fine and one (1) year suspension followed by two (2) years’ probation. Reprimand; $2,500 fine per count; two (2) year suspension followed by two (2) years’ probation; and Intermediate Engineering Ethics Course to $5,000 fine per count and five (5) year suspension followed by five (5) years’ probation. $5,000 fine and Revocation.

(m) Failing to report in writing a conviction or plea of nolo contendere, a crime in any jurisdiction. (Section 455.227(1)(t), F.S.) Reprimand and $500 fine. Reprimand, $1,000 fine, Basic Engineering Ethics Course, and one (1) year probation. $5,000 fine and Revocation.

(3) Probation. Pursuant to Sections 455.227(2)(f) and (g), F.S., the Board may impose probation and/or corrective action as disciplinary penalties. All impositions of probation/corrective action as a penalty may include successful completion of the Engineering Law and Rules Study Guide, completion of a Board-approved CE course in Engineering Professionalism and Ethics, and an appearance before the Board at the end of the probationary period. Probation may be with or without monitoring/plans review. (a) If monitoring/plans review is imposed as a term of probation and/or as corrective action, such monitoring/plans review shall require submission of three (3) plan sets, as selected by the consultant from a list of all plans prepared by Respondent, for review at the six (6) and eighteen (18) month intervals following entry of the order. Following satisfactory review of all 3 plan sets at the 6 month interval monitoring/plans review may be terminated without the 18 month review. Unsatisfactory plans review at the 6 month period will require the 18 month review and shall result in referral for investigation and possible institution of additional disciplinary proceedings. An unsatisfactory 18 month plans review shall lead to referral for investigation and possible institution of additional disciplinary proceedings. (b) The licensee is responsible for all costs associated with compliance with the terms of probation. Unless stated otherwise in the disciplinary order, any costs of compliance with disciplinary penalties imposed shall be paid within thirty (30) days of the effective date of the Order or of invoice, whichever is later. (4) The board shall be entitled to deviate from the above-mentioned guidelines upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the board prior to the imposition of a final penalty. The fact that an Administrative Law Judge of the Division of Administrative Hearings may or may not have been aware of the below mentioned aggravating or mitigating circumstances prior to a recommendation of penalty in a Recommended Order shall not obviate the duty of the board to consider aggravating and mitigating circumstances brought to its attention prior to the issuance of a Final Order. (a) Aggravating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the enhancement of a penalty beyond the maximum level of discipline in the guidelines shall include but not be limited to the following:

1. History of previous violations of the practice act and the rules promulgated thereto.
2. In the case of negligence; of the magnitude and scope of the project and the damage inflicted upon the general public by the licensee’s misfeasance.
3. Evidence of violation of professional practice acts in other jurisdictions wherein the licensee has been disciplined by the appropriate regulatory authority.
4. Violation of the provision of the practice act wherein a letter of guidance as provided in Section 455.225(3), F.S., has previously been issued to the licensee.
5. Refusal to accept responsibility for or to acknowledge the violation.
6. Degree of cooperation with disciplinary investigation.
7. Degree to which conduct departed from generally accepted professional standards of conduct.
8. The number of unrelated and distinct offenses.
9. Prior discipline imposed upon the licensee.
10. The deterrent effect of the penalty imposed.
11. Failure of the licensee to correct or stop violations. (b) Mitigating circumstances; circumstances which may justify deviating from the above set forth disciplinary guidelines and cause the lessening of a penalty beyond the minimum level of discipline in the guidelines shall include but not be limited to the following:
12. In cases of negligence, the minor nature of the project in question and lack of danger to the public health, safety and welfare resulting from the licensee’s misfeasance.
13. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices his profession.
14. Restitution of any damages suffered.
15. The licensee’s professional standing among his peers including continuing education.
16. Steps taken by the licensee or his firm to insure the non-occurrence of similar violations in the future.
17. Acceptance of responsibility for the violation and explanation of the facts and circumstances surrounding the occurrence.
18. Degree of cooperation with disciplinary investigation.
19. Degree to which conduct departed from generally accepted professional standards of conduct.
20. The length of time the licensee has practiced his or her profession.
21. The effect of the penalty upon the licensee’s livelihood.
22. Efforts of the licensee to correct or stop violations. (5) Costs. In addition to any penalty imposed pursuant to Section 455.227(2), F.S. and the rules of the Board, pursuant to Section 455.227(3), F.S., the licensee is responsible for payment of all costs of investigation and prosecution related to a disciplinary case. (6) The provisions of subsections (1) through (5), above, are not intended and shall not be construed to limit the ability of the Board to informally dispose of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S. Likewise, the provisions of subsections (1) through (5) above, are not intended and shall not be construed to limit the ability of the Board to pursue, or recommend the Department pursue, collateral civil or criminal actions, where authorized by law. Rulemaking Authority 455.227, 455.2273, 471.008, 471.031, 471.033 FS. Law Implemented 455.227, 455.2273, 455.2277, 471.031, 471.033 FS. History–New 1-7-87, Formerly 21H-19.004, Amended 11-27-94, 5-22-01, 11-15-01, 5-20-02, 11-21-06, 2-21-10, 9-5-16, 12-29-19, 8-22-21, 10-12-23, 1-30-24, 5-26-25, Technical Change 3-20-26, 5-8-26. 61G15-19.005 Citations. Rulemaking Authority 455.224, 455.225 FS. Law Implemented 455.224 FS. History–New 2-2-92, Amended 8-31-92, Formerly 21H-19.005, Amended 10-19-97, Repealed 4-2-00. 61G15-19.0051 Notice of Noncompliance. (1) As specified in Section 120.695(2)(b), F.S., minor violations of rules are violations that do not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. Accordingly, as provided in Section 120.695(2)(a), F.S., as an alternative to investigation and prosecution, when a complaint is received, FEMC shall provide a licensee with a notice of noncompliance for an initial offense for the following violations: (a) Failure to date documents when affixing signature and seal. (b) Practice with an inactive or delinquent license less than one month. (c) Failing to report a criminal conviction or plea of nolo contendere, regardless of adjudication, pursuant to Section 455.227(1)(t), F.S., if the licensee self reports after 30 days from the date of conviction or plea but within one (1) year after the date of the conviction or plea. (d) Failure to complete a Board approved Advanced Building Code course as required by subsection 61G15-22.001(3), F.A.C., prior to submission of engineering documents in connection with buildings, structures, or facilities and systems covered by the Florida Building Code to an Authority Having Jurisdiction. (e) Failure to produce documentation of compliance with continuing education requirements within sixty (60) days of notification to the licensee of the requirement to produce said documentation – first offense – No Notice of Noncompliance previously issued Section 61G15-22.006(2)(c), F.A.C. (f) Failure to comply with the location, content, or formatting requirements of paragraphs 61G15-23.004(3)(a)-(d) or 61G15-23.005(4)(a)-(d), F.A.C. (g) Failure to properly utilize a Title Block as required by paragraph 61G15-23.001(4)(a), F.A.C. (h) Practice with an improper seal. (See Rule 61G15-23.001, F.A.C.). (i) First time failure to complete a Florida Board Approved Laws and Rules and/or Professional Ethics Continuing Education course, as required by subsection 61G15-22.001(1), F.A.C., if a non-approved L&R or PE course was taken prior to licensure renewal. (2) A second offense shall result in issuance of a citation pursuant to Rule 61G15-19.0071, F.A.C. Rulemaking Authority 455.225 FS. Law Implemented 120.695, 455.225 FS. History–New 4-2-00, Amended 5-5-10, 8-26-13, 12-31-17, 5-8-18, 12-29-19, 5-17-20, 11-2-20, 8-22-21, 2-3-25, 7-1-26. 61G15-19.006 Mediation. Pursuant to Section 455.2235, F.S., the Board designates the following areas as appropriate for mediation for a first offense: (1) Practice with an improper seal. (See Rule 61G15-23.001, F.A.C.). (2) Failure to date documents when affixing signature and seal. Rulemaking Authority 455.2235 FS. Law Implemented 455.2235 FS. History–New 2-20-95, Amended 10-20-96, 4-2-00. 61G15-19.007 Notice of Noncompliance. Rulemaking Authority 455.225 FS. Law Implemented 455.224 FS. History–New 2-5-96, Amended 10-20-96, Repealed 4-2-00. 61G15-19.0071 Citations. (1) As used in this rule, “citation” means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a licensee or qualified business organization for the purpose of assessing a penalty in an amount established by this rule. Citation violations are violations for which there is no substantial threat to the public health, safety, and welfare. (2) In lieu of the disciplinary procedures contained in Section 455.225, F.S., FEMC is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint that is the basis for the citation. If a violation for which a citation may be issued is discovered during the course of an investigation for an unrelated violation, the citation must be issued within 6 months from the discovery of the violation and filing of the uniform complaint form by the investigator. (3) The following violations with accompanying fines may be disposed of by citation: (a) An engineer who has practiced or offered to practice engineering through a corporation, partnership, or fictitious name which has not been properly qualified with the board. The fine shall be $100 for each month or fraction thereof of said activity, up to a maximum of $5,000. (See Sections 455.227(1)(j), 471.023, and 471.033(1)(a), F.S.) (b) Practice with an inactive or delinquent license more than one month or if a Notice of Noncompliance has previously been issued for the same offense. The fine shall be $100 for each month or fraction thereof. (See Section 471.033(1)(i), F.S.) (c) Business organization practicing without being properly qualified with the board more than one month. The fine shall be $100 for each month or fraction thereof. (See Section 471.023, F.S.) (d) Failure to notify the Board of a change in the principal officer of the corporation or partner in a partnership who is the qualifying professional engineer for said corporation or partnership within one month of such change. The fine shall be $500. (See Section 471.023(4), F.S.) (e) Unlicensed practice of engineering. The fine shall be up to $250 for each month depending on the severity of the infraction practice, up to a maximum of $5,000.00. (See Section 455.228(3)(a), F.S.) (f) Failure to properly utilize a Title Block as required by paragraph 61G15-23.001(4)(a), F.A.C., if a Notice of Noncompliance has previously been issued for the same offense. The fine shall be $500. (g) Failure to produce documentation of compliance with continuing education requirements within sixty (60) days of notification to the licensee of the requirement to produce said documentation – Notice of Noncompliance previously issued – paragraph 61G15-22.006(2)(c), F.A.C. The fine shall be $500. (h) Failure to complete any or all CE required prior to renewal of license; all CE completed within thirty (30) days of notification to the licensee. Subsections 61G15-22.001(1) or 61G15-22.006(2), F.A.C. The fine shall be $500. (i) Failure to properly qualify or register a business entity – Notice of Noncompliance previously issued – Section 471.023, F.S. The fine shall be $250. (j) Signing or sealing any document that depicts work which is beyond the licensee’s profession or specialty therein or accepting and performing responsibilities the licensee is not competent to perform and which does not evidence any risk to public health, safety or welfare. (Sections 471.025(3), 455.227(1)(o), F.S., paragraphs 61G15-19.001(6)(c), (d), F.A.C.) The fine is $750. (k) Incompetence (Subsection 61G15-19.001(5), F.A.C.) which does not evidence risk to public health, safety or welfare. The fine shall be $750. (l) Violating any provision of Chapter 455, F.S. (Sections 471.033(1)(h) and 455.227(1)(q), F.S.); no evidence of intent or willful action and no evidence of risk to public health, safety or welfare. The fine shall be $500. (m) Failure to produce documentation of compliance with continuing education requirements within sixty (60) days of notification to the licensee of the requirement to produce said documentation – Notice of Noncompliance previously issued – paragraph 61G15-22.006(2)(c), F.A.C. The fine shall be $500. (n) Failure to complete a board-approved Advanced Building Code course as required by subsection 61G15-22.001(3), F.A.C., prior to submission of engineering permit documents in connection with buildings, structures, or facilities and systems covered by the Florida Building Code to an Authority Having Jurisdiction – Notice of Noncompliance previously issued. The fine shall be $500. (4) If the subject does not dispute the matter in the citation in writing within 30 days after the citation is served by personal service or within 30 days after receipt by certified mail, the citation shall become a final order of the Board of Professional Engineers. The subject has 30 days from the date the citation becomes a final order to pay the fine and costs. Failure to pay the fine and costs within the prescribed time period constitutes a violation of Section 471.033(1)(k), F.S., which will result in further disciplinary action. All fines and costs are to be made payable to “Florida Engineers Management Corporation – Citation.” (5) Prior to issuance of the citation, the investigator must confirm that the violation has been corrected or is in the process of being corrected. (6) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to Rule 61G15-19.004, F.A.C. (7) Subsequent violation(s) of the same rule or statute shall require the procedure of Section 455.225, F.S., to be followed. In addition, should the offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.225, F.S., shall apply. Rulemaking Authority 455.224, 455.225, 455.228 FS. Law Implemented 455.224, 455.227, 455.228, 471.023, 471.033 FS. History–New 4-2-00, Amended 9-26-05, 8-26-13, 12-29-19, 5-17-20, 11-2-20, 8-22-21, 8-15-22, 5-20-24, 6-30-26. 61G15-19.008 Confidentiality of Investigations. The following violations have been deemed to involve the potential for substantial physical or financial harm to the public: Negligence, as defined in subsection 61G15-19.001(4), F.A.C., or misconduct, as defined in subsection 61G15-19.001(6), F.A.C., involving either threshold buildings as defined in Section 553.71(12), F.S.; or the collapse or major damage to any structure; or leading to death or serious physical injury of any person. Rulemaking Authority 471.038 FS. Law Implemented 471.038 FS. History–New 5-20-02, Amended 6-5-12, 3-23-22, 5-20-24, 6-10-26.

Chapter 61G15-20 APPLICATION FOR LICENSURE, EDUCATION REQUIREMENTS, AND EXPERIENCE

Fla. Admin. Code R. 61G15-20 APPLICATION FOR LICENSURE, EDUCATION REQUIREMENTS, AND EXPERIENCE

CHAPTER 61G15-20 APPLICATION FOR LICENSURE, EDUCATION REQUIREMENTS, AND EXPERIENCE 61G15-20.001 Definitions 61G15-20.0010 Application for Licensure as Professional Engineer 61G15-20.0011 Structural Engineering Recognition Program For Professional Engineers 61G15-20.0015 Application for Certification as Engineering Intern 61G15-20.0016 Laws and Rules Examination 61G15-20.0017 Application for Retired Status 61G15-20.0018 Application for Low Income and Military Veterans Fee Waiver 61G15-20.0019 Armed Forces Member/Spouse Application for Licensure; Qualifications; Expiration 61G15-20.002 Experience 61G15-20.004 Notification of Intention to Qualify for Examination Under 10 Year Engineering Cycle Pursuant to Section 471.013(3), Florida Statutes (Repealed) 61G15-20.005 Rules Governing Candidates Qualifying Under the Provisions of Section 471.013(1)(a)3., Florida Statutes (Repealed) 61G15-20.006 Educational Requirements 61G15-20.007 Educational Requirements for Applicants without EAC/ABET Accredited Engineering Degrees 61G15-20.008 Educational Requirements for Applicants without ETAC/ABET Accredited Engineering Technology Degrees 61G15-20.100 Qualified Business Organizations 61G15-20.001 Definitions. As used hereinafter in this chapter the following words or phrases shall be defined as follows: (1) “Year” shall mean 12 months of full-time employment or a full-time academic year of graduate or undergraduate college education. (2) “Board approved engineering programs” shall mean: (a) Engineering programs accredited by the Engineering Accreditation Commission of the Accreditation Board for Engineering and Technology, Inc. (EAC/ABET or EAC/M-ABET). The Term “engineering program” is synonymous with the term “engineering science” used in Section 471.013(1)(a)1., F.S., and “engineering degree,” as used elsewhere in this chapter; or (b) Engineering programs accredited by the Canadian Engineering Accreditation Board (CEAB) in 1980 or later (which, for the purpose of Division 61G15, F.A.C., is considered equivalent to EAC/ABET); or (c) Engineering technology programs accredited by the Engineering Technology Accreditation Commission of the Accreditation Board for Engineering and Technology, Inc. (ETAC/ABET); or (d) In the case of an applicant who did not graduate from an approved program as set forth in paragraph (2)(a), (2)(b), or (2)(c), above, and who:

1. Holds a baccalaureate degree from an engineering program that is not accredited by EAC/ABET, provided the applicant meets the educational requirements set forth in subsection 61G15-20.007(1), F.A.C.; or
2. Holds a baccalaureate degree from an engineering technology program that is not accredited by ETAC/ABET, provided the applicant meets the educational requirements set forth in subsection 61G15-20.008(1), F.A.C., or (e) In the case of an applicant who holds a non-engineering baccalaureate degree coupled with a master’s and/or doctoral degree in engineering, provided the applicant meets the educational requirements set forth in subsection 61G15-20.007(1), F.A.C. or subsection 61G15-20.008(1), F.A.C., respectively; or (f) Programs which have been approved by the Board of Professional Engineers under the provisions of Section 455.11(3), F.S. Rulemaking Authority 471.008, 471.013(1)(a), 471.015(7) FS. Law Implemented 471.013, 471.015 FS. History–New 1-8-80, Amended 4-15-80, 7-7-83, 9-13-83, Formerly 21H-20.01, Amended 4-20-86, 8-3-86, 5-20-92, 2-2-93, Formerly 21H-20.001, Amended 11-19-03, 3-13-05, 4-9-07, 1-31-08, Amended 10-15-09, 11-2-15, 12-29-19. 61G15-20.0010 Application for Licensure as Professional Engineer. (1) Any person desiring licensure as a professional engineer in Florida shall submit an application to the Board. The instructions and application Form FBPE/002 (02/24), entitled, “Application for Licensure as Professional Engineer,” is hereby incorporated by reference, copies of which may be obtained from the Board office at 2400 Mahan Drive, Tallahassee, Florida 32308; from the Board’s website at http://www.fbpe.org/licensure/licensure-process/professional-engineers/ or at https://www.flrules.org/Gateway/reference.asp?No=Ref-16718. The Board shall certify as eligible for licensure only those applicants who have completed the application form, remitted the application and examination fee(s) required by Chapter 61G15-24, F.A.C., and who have demonstrated to the Board that they: (a) Are graduates of a “Board approved engineering program” as required by Section 471.013(1)(a), F.S. and defined by subsection 61G15-20.001(2), F.A.C.; (b) Have the requisite number of years of acceptable engineering experience as required by Section 471.015(2), F.S., and defined by Rule 61G15-20.002, F.A.C.; (c) Have passed the examinations required by Sections 471.013(1)(b) and (c), F.S. and as defined by Rule 61G15-21.001, F.A.C.; and (d) Have passed the Laws and Rules Study Guide and Questionnaire as required by Rule 61G15-20.0016, F.A.C. (2) If an applicant for licensure by examination satisfies the conditions found in Section 471.013(1)(d), F.S. or an applicant for licensure by endorsement satisfies the conditions found in Section 471.015(5)(a), F.S., then the Board shall deem that the applicant has passed an examination substantially equivalent to Part I, fundamentals of the engineering examination. If an applicant for licensure by endorsement satisfies the conditions found in Section 471.015(5)(b), F.S., then the Board shall deem that the applicant has passed an examination substantially equivalent to Part I, fundamentals, and Part II, principles and practice, of the engineering examination. (3) An applicant who previously held licensure as a professional engineer in the State of Florida and whose license became void because of non-renewal may not reapply for licensure pursuant to this rule. Such applicants must apply for reinstatement of the void license pursuant to the provisions of Rule 61G15-22.0002, F.A.C. Such applicants, if otherwise eligible, shall be subject to disciplinary sanctions as a condition of licensure if it is demonstrated that they practiced engineering during any period their license was delinquent and/or void. (4) Upon submission of an application, the Board will timely notify an applicant of any apparent errors or omissions, or any additional information which is required to complete the application. All errors and omissions, and any additional information, must be submitted before the application can be presented to the Board for review, unless the applicant notifies the Board to process the application as submitted. If an applicant fails to correct any errors or omissions, or supply any requested information, within one (1) year of notification, the application will be presented to the Board for review and decision on the application as submitted. Rulemaking Authority 455.213(1), 471.008, 471.013, 471.015, 471.038(3)(b) FS. Law Implemented 120.60(1), 455.213(1), 471.013, 471.015, 471.038(3)(b) FS. History–New 9-27-01, Amended 11-19-03, 9-14-14, 3-19-17, 12-18-18, 12-29-19, 5-27-20, 6-24-24, 4-20-25, 6-11-25. 61G15-20.0011 Structural Engineering Recognition Program For Professional Engineers. Pursuant to Section 471.055, F.S., the Board establishes the following minimum requirements for Florida licensed professional engineers who specialize in structural engineering and who have exceeded required minimum professional engineer licensing standards in that specialty area to receive recognition through the Structural Engineering Recognition Program for Professional Engineers. (1) Any professional engineer currently licensed in good standing in the state of Florida who desires Recognition as a Structural Engineer in Florida shall submit an application to the Board. The instructions and application Form FBPE/030 (04/23), entitled, “FBPE Application for Recognition in the Florida Structural Engineer Recognition Program” is hereby incorporated by reference, copies of which may be obtained from the Board office at 2400 Mahan Drive, Tallahassee, Florida 32308; from the Board’s website at FBPE.org/licensure/structural-engineering-recognition-program/ or at https://www.flrules.org/Gateway/reference.asp?No=Ref-15465. The Board shall recognize only those applicants who have completed the Application, including submission of required documentation, and who have demonstrated to the Board that they have: (a) Passed the NCEES Structural I and Structural II exams taken prior to January 1, 2011, OR (b) Prior to January 1, 2004, passed a 16-hour state-written examination equivalent in scope and content to the examination identified in paragraph (1)(a) above. For purposes of this rule, the board identifies the following examinations as equivalent in scope and content: the 16-hour Western States Structural Engineering examination, OR (c) Passed the NCEES Structural II exam plus an 8-hour state-written structural examination prior to January 1, 2011. For purposes of this rule, the board will accept the following 8-hour examinations: 8-hour NCEES Civil: Structural Examination; 8-hour NCEES Architectural Engineering Examination; 8-hour California Structural Engineering Seismic III Examination; or 8-hour Washington Structural Engineering III Examination, OR (d) Passed the NCEES 16-hour Structural Engineering examination (vertical and lateral) taken after January 1, 2011, OR (e) Has at least five (5) years of experience after licensure as a Professional Engineer in any jurisdiction(s) designing significant structural engineering projects. For purposes of this rule, “significant structural engineering projects” is defined as the design of structural components and structural systems of any of the following:
3. Buildings three stories or greater.
4. Risk Category III or IV buildings, as defined by Table 1604.5 RISK CATEGORY OF BUILDINGS AND OTHER STRUCTURES in the current Florida Building Code in effect at the time of application or equivalent classification in another jurisdiction.
5. Vehicular Bridges (f) Been Certified as a Special Inspector of Threshold Buildings pursuant to Section 471.015(7), F.S. prior to February, 2016, or if so certified after February, 2016, sought certification based on principal practice in the area of structural engineering as defined in paragraphs 61G15-35.003(1)(a) and (b), F.A.C. Certification as a Special Inspector (Limited) will not qualify an applicant for recognition. (g) The license(s) and/or registration(s) must not have been disciplined or otherwise acted against for a violation related to the field of structural engineering. (2) Any Florida Licensed PE recognized by the Florida Board may be so indicated by using the designation “Florida Board Recognized Structural Engineer” or “FRSE.” A professional engineer who is recognized by the program may identify such recognition in her or his professional practice, including marketing and advertising materials. (3) Recognition by the program is not required for a professional engineer to practice structural engineering. (4) Upon submission of the Application, the Board will timely notify an applicant of any documentation and/or information that is required to complete the request. (a) Upon request, it is the Applicant’s responsibility to supply additional documentation/information that will enable the Board to determine that Applicant has the appropriate experience designing significant structures. (b) Examples of documentation/information required include: written proof of passage of examinations, verifications of out of state licensure, or for applicants by experience, a signed and sealed statement of experience describing the scope of applicant’s work on significant structural engineering projects. (c) If an applicant fails to supply any requested documentation and/or information that is required to complete the request within one (1) year of notification, the request will be presented to the Board for review and decision on the request as submitted. (5) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 471.055 FS. Law Implemented 471.055 FS. History–New 8-25-22, Amended 6-29-23. 61G15-20.0015 Application for Certification as Engineering Intern. (1) Any person desiring to be certified as an engineering intern in this state shall submit an application to the Board. The application FBPE/003 (09/19), entitled “Application For Engineer Intern Certification,” is hereby incorporated by reference and may be obtained from the Board office at 2400 Mahan Drive, Tallahassee, Florida 32308; the Board’s website at http://www.fbpe.org/licensure/application-process or at http://www.flrules.org/Gateway/reference.asp?No=Ref-11408. The Board shall certify applicants who have completed the application form, remitted the application fee(s) required by Chapter 61G15-24, F.A.C., achieved a passing score on the Fundamentals of Engineering (FE) Examination and Florida Study Guide, and have graduated from, “a Board approved engineering program” as defined by subsection 61G15-20.001(2), F.A.C. (2) Upon submission of an application, the Board will timely notify an applicant of any apparent errors or omissions, or any additional information which is required to complete the application. All errors and omissions, and any additional information, must be submitted before the application can be presented to the Board for review, unless the applicant notifies the Board to process the application as submitted. If an applicant fails to correct any errors or omissions, or supply any requested information, within one (1) year of notification, the application will be presented to the Board for review and decision on the application as submitted. Rulemaking Authority 471.008, 471.013 FS. Law Implemented 471.013 FS. History–New 9-27-01, Amended 4-9-07, 10-15-09, 11-16-10, 9-14-14, 7-7-15, 11-2-15, 3-19-17, 6-24-18, 12-18-18, 12-29-19, 8-25-22. 61G15-20.0016 Laws and Rules Examination. All applicants for licensure shall successfully complete an examination in the Laws and Rules applicable to the practice of engineering in Florida as a condition of licensure. The Board hereby designates the “Laws and Rules Study Guide and Questionnaire” as the examination. A copy of said examination shall be provided to every applicant free of charge, and each applicant shall complete and submit said examination to the Board office. The examination shall consist of multiple choice questions concerning Chapter 471, F.S., and rule Chapter 61G15, F.A.C. A passing score of 90% or more is required. Rulemaking Authority 455.217(7) FS. Law Implemented 455.217(7) FS. History–New 2-11-01. 61G15-20.0017 Application for Retired Status. (1) A person wishing to apply for Retired Status shall submit a completed application to the Board. The instructions and application Form FBPE/005(Rev. 04/2022), entitled “Application For Retired Status,” which is incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-14536, copies of which may be obtained from the Board office at 2400 Mahan Drive, Tallahassee, Florida 32308 or from the Board’s website at http://www.fbpe.org/licensure/application-process. The Board shall certify as eligible for Retired Status any applicant who has completed the application form and who has chosen to relinquish or not to renew his or her license, unless disciplinary proceedings are pending against the applicant at the time of application for retired status. (2) Engineers who have been approved for Retired Status shall be carried on the records of the Board as “P.E., Retired.” (3) Engineers on Retired Status may use the term “Professional Engineer, Retired” or “P.E., Retired;” however, such engineer shall refrain from the active practice of engineering and the use of his or her seal. Any engineer in Retired Status who wishes to become active shall make application for licensure and meet the licensure criteria in effect at the time of application. Rulemaking Authority 471.008 FS. Law Implemented 471.005(10), 471.017(3) FS. History–New 9-27-01, Amended 7-18-22, 2-17-25. 61G15-20.0018 Application for Low Income and Military Veterans Fee Waiver. (1) Pursuant to Section 455.219(7)(a), F.S., the Board shall waive the initial licensing fee for members of the Armed Services of the United States and their spouses or surviving spouses. In addition, pursuant to Section 455.213(12), F.S., the Board shall waive the application fee, initial licensure fee, and initial unlicensed activity fee for military veteran or his or her spouse at the time of discharge, if he or she applies within sixty (60) months of honorable discharge from any branch of the United States Armed Forces. Application for waiver of the initial application and licensing fees shall be made on Form FBPE MVL 002, 12/17, Members of the Armed Forces/Spouse Fee Waiver and Military Service Verification, which is incorporated by reference herein and may be obtained from https://fbpe.org/licensure/other_forms/military_fee_waiver or at https://www.flrules.org/Gateway/reference.asp?No=Ref-09491. (2) Pursuant to Section 455.219(7)(a), F.S., the Board shall waive the initial licensing fee for a low-income individual. As defined in that section, a “low income individual” is a person whose household income, before taxes, is at or below one hundred thirty percent (130%) of the federal poverty guidelines prescribed for the family’s household size by the United States Department of Health and Human Services. The 2026 federal poverty guidelines, published on January 15, 2026 in 91 Federal Register 1797, are hereby incorporated by reference and may be obtained from https://www.govinfo.gov/content/pkg/FR-2026-01-15/pdf/2026-00755.pdf or at https://www.flrules.org/Gateway/reference.asp?No=Ref-19603. (a) Application for waiver of the initial licensing fee by a low-income individual shall be made on Form FBPE/LI 001, Rev. 04/26, Application for Low Income Waiver of Initial Licensure Fee, which is incorporated by reference herein and may be obtained from https://fbpe.org/licensure/other forms/low income waiver or at https://www.flrules.org/Gateway/reference.asp?No=Ref-19604. (b) All applications for waiver of the initial licensing fee shall be accompanied by proof that the individual’s income is at or below 130% of the federal poverty guidelines. Proof of income may be established through documentation of enrollment in a state or federal program which requires participants to be at or below 130% of the federal poverty guidelines or by other means, such as submission of Federal Income Tax Returns. Rulemaking Authority 455.213, 455.219, 471.008 FS. Law Implemented 455.213, 455.219 FS. History–New 6-20-18, Amended 8-15-22, 7-6-26. 61G15-20.0019 Armed Forces Member/Spouse Application for Licensure; Qualifications; Expiration. (1) Application for licensure. Application for licensure by United States Armed Forces members, former members or spouses of members shall be made on Form FBPE/MVL003, 02/19, Application for Professional Licensure for Armed Forces Members, Former Members, or Spouses, which is incorporated by reference herein and may be obtained from https://fbpe.org/licensure/otherforms/active duty member or spouse or at https://www.flrules.org/Gateway/reference.asp?No=Ref-10817. (2) Active Duty United States Armed Forces. Pursuant to Section 455.02(3)(a), F.S., the Board shall issue a license to an applicant who is or was an active duty member of the Armed Forces of the United States or who is or was married to an active duty member and who holds a valid license as a Professional Engineer in another jurisdiction and who meets the requirements for licensure after review of criminal history checks. (3) Active Duty Florida National Guard/United States Armed Forces Reserves. (a) Qualifications. Pursuant to Section 250.483, F.S., upon request within six (6) months of release from active duty, a member of the Florida National Guard or United States Armed Forces Reserves is entitled to request licensure under the qualifications and criteria in effect at the time the member entered active duty and not those qualifications and criteria in effect at the time the licensure decision is made. (b) Engineering Experience. As provided in subparagraph 61G15-20.002(1)(b)6., F.A.C., the Board will accept practical experience gained while serving in the Florida National Guard or United States Armed Forces Reserves determined by the Board to be substantially the same as the engineering experience required by the rule. Rulemaking Authority 455.02(3) FS. Law Implemented 250.4815, 250.483, 455.02(3) FS. History–New 6-20-18, Amended 8-6-19. 61G15-20.002 Experience. (1)(a) In order to qualify for licensure, an applicant is required to have the requisite number of years of acceptable experience in engineering at the time of application for licensure and acceptable educational qualifications. In determining whether an applicant’s experience background is sufficient to meet the requirements set forth in Sections 471.015(2)(a)1. and 2., F.S., the Board has determined that an individual must have the requisite number of years of acceptable engineering experience gained through education and through the requisite amount of full-time employment in engineering. The type of employment which shall be acceptable must principally involve activities in the field of engineering as defined in Section 471.005(7), F.S. The Board may accept engineering experience in foreign countries if such experience is properly verified by the Board from evidence supplied by the applicant to be equivalent to that accepted as experience by the Board as to any state or territory. (b) Because the evaluation of experience is a complex and subjective matter, the Board establishes the following guidelines which shall be generally applicable absent extraordinary evidence and documentation supporting a departure therefrom:
6. The acquisition of acceptable engineering experience should logically follow and constitute an application of the engineering education previously obtained.
7. Engineering experience obtained prior to the completion of the approved engineering program is usually of a subprofessional nature. If the full-time experience is obtained within the 2 years immediately preceding completion of the approved engineering program, and involves tasks and responsibilities consisent with the disciplines of engineering, experience credit may be awarded at 50% of actual time. In any event, the total engineering experience credit allowable for pregraduation experience shall not exceed 12 months.
8. Experience credit is based on a 40 hour per week full-time employment basis. No additional credit is allowable for overtime work, or for part-time work experience obtained while pursuing engineering education on a full-time basis. For purposes of this rule, a “full-time basis” means the applicant is enrolled in twelve (12) or more credit hours per semester; less than 12 credit hours is considered to be “part-time enrollment.”
9. Experience must be progressive on engineering projects to indicate that it is of increasing quality and requiring greater responsibility.
10. Experience must not be obtained in violation of the licensure act.
11. Experience gained in the armed services, to be creditable, must be of a character equivalent to that which would have been gained in the civilian sector doing similar work. Normally, it would be expected that the applicant while in the armed services served in an engineering or engineering-related group.
12. Experience should be gained under the supervision of a licensed professional engineer or, if not, an explanation should be made showing why the experience should be considered acceptable.
13. For sales experience to be creditable, it must be demonstrated that engineering principles were required and used in gaining the experience.
14. Teaching experience, to be creditable, must be in engineering or engineering-related courses at an advanced level in a college or university offering an engineering program of four years or more that is approved by the Board.
15. Experience gained in engineering research and design projects by members of an engineering faculty where the program is approved by the Board is creditable.
16. Experience may not be anticipated. The experience must have been gained by the time of the application.
17. Experience in construction, to be creditable, must demonstrate the application of engineering principles.
18. Experience should include demonstration of a knowledge of engineering mathematics, physical and applied science, properties of materials, and the fundamental principles of engineering design.
19. Experience should include demonstration of the application of engineering principles in the practical solution of engineering problems.
20. Engineering experience gained after licensure as a Professional Engineer in another jurisdiction is creditable. (2) In order to verify an applicant’s experience record, the Board will require evidence of employment from employers or supervisors who are employed in the engineering profession or are professional engineers, who shall set forth the quality and character of the applicant’s duties and responsibilities. In addition to the employer verification, an applicant must list three current personal references who are professional engineers. Should the Board find the information submitted by the applicant is insufficient or incomplete, the Board may require the applicant to supply additional references or evidence regarding the applicant’s experience and background or both so that an intelligent decision may be made on whether admittance to the examination is allowable. (3)(a) Subject to the provisions of paragraph (c), below, the Board will accept as equivalent to one year’s experience a master’s degree in engineering from an EAC/M-ABET-accredited program or from a college or university in the U.S. that has an EAC/ABET-accredited engineering program in a related discipline at the baccalaureate level. The Board will also accept as equivalent to one year’s experience a doctorate in engineering from a college or university in the U.S. that has an EAC/ABET-accredited engineering program in a related discipline at the baccalaureate level. Experience equivalents will be given for the master’s or doctoral degree only if the applicant has earned a prior engineering or engineering technology degree from a college or university that solely meets the requirements of a Board-approved engineering program as defined in subsection 61G15-20.001(2), F.A.C. (b) Experience equivalents shall not be given for a master’s or doctoral degree if credits earned for the degree are used to satisfy educational requirements of Rule 61G15-20.007 or 61G15-20.008, F.A.C. (c) The combination of experience equivalents and work experience shall not exceed the number of actual months during which the experience is claimed. (d) The provisions of (1)(b)3., notwithstanding, in situations where the applicant is seeking experience equivalence from part-time graduate enrollment while simultaneously employed full-time, no more than twelve (12) months of experience equivalence shall be awarded. Rulemaking Authority 471.008, 471.013(1)(a) FS. Law Implemented 471.013(1)(a), 471.015 FS. History–New 1-8-80, Amended 3-11-80, 6-23-80, 7-7-83, 9-13-84, Formerly 21H-20.01, Amended 8-18-87, 12-4-91, Formerly 21H-20.002, Amended 12-26-94, 5-20-02, 4-5-04, 11-2-15, 8-8-18, 12-18-18, 12-29-19, 1-30-24, Technical Change 3-20-26. 61G15-20.004 Notification of Intention to Qualify for Examination Under 10 Year Engineering Cycle Pursuant to Section 471.013(1)(a)3., Florida Statutes. Rulemaking Authority 471.013(3) FS. Law Implemented 471.013(3) FS. History–New 1-25-82, Formerly 21H-20.04, 21H-20.004, Repealed 10-19-97. 61G15-20.005 Rules Governing Candidates Qualifying Under the Provisions of Section 471.013(1)(a)3., Florida Statutes. Rulemaking Authority 471.008 FS. Law Implemented 471.013(1)(a)3. FS. History–New 10-25-84, Formerly 21H-20.05, 21H-20.005, Amended 10-19-97, 11-19-03, Repealed 10-26-15. 61G15-20.006 Educational Requirements. (1) The evaluation of curricula and standards of accreditation for approval of degree programs required by Section 471.013, F.S., shall be made by the Education Advisory Committee and shall be based upon an overview of engineering programs within the United States accredited by the Engineering Accreditation Commission or Engineering Technology Accreditation Commission of the Accreditation Board for Engineering and Technology, Inc., (EAC/ABET or ETAC/ABET), and an evaluation of such programs and schools, following the definition of the practice of engineering set forth in Section 471.005(7), F.S. Acceptable curricula requirements and degree programs shall conform to the criteria for accrediting engineering programs set forth by the Engineering Accreditation Commission or Engineering Technology Accreditation Commission of the Accreditation Board for Engineering and Technology, Inc., (EAC/ABET or ETAC/ABET) and found in the applicable Annual Report of EAC/ABET or ETAC/ABET. (2) A non-EAC/ABET or ETAC/ABET accredited engineering program which seeks approval pursuant to Section 471.013(1)(a), F.S., shall submit the following to the Board: (a) A completed application form “Request for Evaluation” [FBPE/007 (11-07)] and “Self-Study Report” [FBPE/008 (1-08)] hereby incorporated by reference (which may be obtained from the Board by writing to: Executive Director, Florida Board of Professional Engineers, 2400 Mahan Drive, Tallahassee, Florida 32308); (b) A current catalog and student and faculty handbook. (3) The Board’s survey and evaluation of an engineering program shall consist of two elements: (a) A review of the documents submitted by the applicant. The purpose of the review is initially to determine if the application is complete. The applicant will be notified if the application is not complete. If the application is complete, the Board will begin the survey and evaluation of the engineering program and will provide the documents to any outside consultants which the Board may retain to survey and evaluate the engineering program. (b) A visit to the engineering school, including visits to facilities at locations other than the main campus, at the expense of the applying engineering program. This site visit will encompass all elements of the standards for approval set forth in this rule. A site visit is an essential requirement in the review of an engineering program seeking certification, without which no approval may be granted by the Board. (4) The Meaning of Approval. (a) Purpose.
21. Approval of an engineering program is the responsibility of the Board and is based on standards established by the Board. The same standards as are applied in the accreditation of engineering programs by EAC/ABET or ETAC/ABET will be applied for approval of an engineering program.
22. In practical terms a graduate of an engineering program that has been certified by the State of Florida will be eligible for the Fundamentals and Principles and Practice examinations, or for licensure by endorsement.
23. Application for approval is entirely voluntary on the part of the school. (b) Standards.
24. To be approved, engineering programs must meet the standards set forth by the Board in this rule as judged by the Board. These standards are sometimes stated in a fashion that is not susceptible to quantification or to precise definition because the nature of the evaluation is qualitative in character and can be accomplished only by the exercise of professional judgment by qualified persons.
25. In these standards, the words “must” and “should” have been chosen with care. Use of the word “must” indicates that Florida considers meeting the standard to be absolutely necessary if the program is to be certified. Use of the word “should” indicates that Florida considers an attribute to be highly desirable and makes a judgment as to whether or not its absence may compromise substantial compliance with all of the requirements for approval. (5) Objectives. (a) An essential objective of a program in engineering education leading to a Bachelor’s of Science in Engineering (BSE) or Bachelor’s of Science in Engineering Technology (BSET) degree must be to meet the standards herein described for approval that its graduates will be prepared to qualify for licensure, to provide competent engineering services and to have the educational background necessary for lifelong learning. An engineering program may establish additional objectives consistent with its available resources. Objectives must be defined in writing and made known to faculty and students. While recognizing the existence and appropriateness of diverse institutional missions and educational objectives, the Board subscribes to the proposition that local circumstances do not justify approval of a program that fails to meet the standards as set forth in this rule. (b) Approval is granted on the basis of evidence of an appropriate balance between the size of the enrollment in each class and the total resources of the program, including the faculty, physical facilities, curricular time and methods of instruction, and the budget. If there is to be substantial change in any of the above functions, the Board must be notified in writing so that reevaluation may be instituted. (6) Governance. (a) Preferably an engineering school should be a component of a university that has other graduate and professional degree granting programs. The environment of a university fosters intellectual challenge, the spirit of inquiry, the seeking of new knowledge and the habit of lifelong learning. (b) The engineering school must be accredited by an accrediting organization recognized by the U.S. Department of Education. (7) Administration. (a) General.
26. Administrative officers and members of an engineering school faculty must be appointed by, or on the authority of, the governing body of the engineering school.
27. If the engineering school is part of a university, the dean must have ready access to the university chief executive officer and to such other university officials as may be necessary to fulfill the dean’s responsibilities. If the engineering school is not part of a university, the dean must have ready access to the chief officer of the governing body.
28. The dean must be qualified by education and experience to provide leadership in engineering education, in scholarly activity and research, and in the practice of professional engineering. The dean should have the assistance of such professional associates and staff as are necessary for administration of admissions, student affairs, academic affairs, business affairs, physical facilities and other activities normally associated with the office of the dean.
29. The manner in which the engineering school is organized, including the responsibilities and privileges of administrative officers, faculty, students and committees must be formally set forth in writing. It is through committee structure and function that faculty and at times students and others become involved in decisions concerning admissions, promotions, curriculum, library, research, etc. The number and composition of committees may vary among engineering programs.
30. A budget, showing available revenue sources and expenditures must be prepared for the engineering school at regular and specified periods. To facilitate effective planning, each engineering program should know in advance a reasonable estimate of its available operating resources. (b) Geographically Separated Campuses.
31. If components of the program are conducted at sites geographically separated from the main campus of the engineering school, the administration of the engineering school must be fully responsible for the conduct, and maintenance of the quality of the educational experiences offered at these sites and for identification of the faculty at all sites. In order to ensure that all educational components of the school’s program are equivalent in quality, the principal academic officer of each geographically separated site must be administratively responsible to the chief academic officer of the engineering school conducting the certified program. Similarly, the faculty in each discipline, in all sites, must be functionally integrated by administrative mechanisms that ensure comparable quality of the geographically separated segments of the program.
32. A large number of program sites or a significant distance between sites may require extra academic and administrative controls in order to maintain the quality of the entire program. (c) Design and Management.
33. The program’s faculty must be responsible for the design, implementation, and evaluation of the educational program. A faculty committee should undertake this responsibility with full support of the chief academic officer and staff. The curriculum of the program leading to the professional engineering or engineering technology degree must be designed to provide a general professional education, recognizing that, this alone, is insufficient to prepare a graduate for independent, unsupervised practice throughout a professional lifetime.
34. The committee responsible for curriculum should give careful attention to the impact on students of the amount of work required. The committee should monitor the content provided in each discipline in order that objectives for education of an engineer are achieved without attempting to present the complete, detailed, systematic body of knowledge in that discipline. The objectives, content, and methods of teaching and learning utilized for each segment of the curriculum, as well as for the entire curriculum, should be subjected to periodic evaluation. Undue repetition and serious omissions and deficiencies in the curriculum identified by these evaluations should be corrected. Review and necessary revision of the curriculum is an ongoing faculty responsibility. (d) Content.
35. The engineering faculty is responsible for devising a curriculum that permits the student to learn the fundamental principles of engineering, to acquire skills of critical judgment based on evidence and experience, and to develop an ability to use principles and skills wisely in solving engineering problems. In addition, the curriculum must be designed so that students acquire an understanding of the scientific concepts underlying engineering. In designing the curriculum, the faculty must introduce current advances in the basic engineering sciences.
36. The curriculum cannot be all-encompassing. However, it must include the sciences basic to engineering and ethical, behavioral, and socioeconomic subjects pertinent to engineering. There should be presentation of material on engineering ethics and human values. The faculty should foster in students the ability to learn through self-directed, independent study throughout their professional lives.
37. The required subjects which must be offered are probability and statistics, differential calculus, integral calculus, and differential equations; general chemistry and calculus-based general physics, with at least a two semester (or equivalent) sequence of study in either area. Additional courses may include linear algebra, numerical analysis, and advanced calculus, life sciences (biology), earth sciences (geology), and advanced chemistry or physics.
38. The curriculum should provide grounding in the body of knowledge represented in the disciplines that support the fundamentals of engineering practice, such as, mechanics, thermodynamics, electrical and electronic circuits, and materials science. Courses in engineering design stress the establishment of objectives and criteria, synthesis, analysis, construction, testing, and evaluation. In order to promote breadth, at least one engineering course outside the major disciplinary area is required.
39. The faculty committee responsible for curriculum should develop, and the chief academic officer should enforce, the same rigorous standards for the content of each year of the program leading to the BSE or BSET. The final year should complement and supplement the curriculum of the individual student so that each student will acquire appropriate competence in general engineering care regardless of subsequent career specialty.
40. The curriculum should include elective courses designed to supplement the required courses and to provide opportunities for students to pursue individual scholarly interests. Faculty advisors must be available to guide students in the choice of elective courses. If students are permitted to take electives at other institutions, there should be a system centralized in the dean’s office to screen the student’s proposed extramural program prior to approval and to ensure the return of a performance appraisal by the host program. Another system, devised and implemented by the dean, should verify the credentials of students from other schools wishing to take courses at the school, approve assignments, maintain a complete roster of visiting students, and provide evaluations to the parent schools. (e) Evaluation of Student Performance.
41. The faculty must establish principles and methods for the evaluation of student performance and make decisions regarding promotion and graduation. The varied measures utilized should determine whether or not students have attained the school’s standards of performance.
42. The faculty of each discipline should set the standards for performance by students in the study of that discipline. The faculty should review the frequency of examinations and their scheduling, particularly when the students are enrolled in several subjects simultaneously. Schools should develop a system of evaluation that fosters self-initiated learning by students rather than frequent tests which condition students to memorize details for short-term retention only. Examinations should measure cognitive learning, mastery of basic engineering skills, and the ability to use data in realistic problem solving. If geographically separated campuses are operated, a single standard for promotion and graduation of students should be applied.
43. The engineering school must publicize to all faculty members and students its standards and procedures for the evaluation, advancement, and graduation of its students and for disciplinary action. The school should develop and publish a fair and relatively formal process for the faculty or administration to follow when taking any action that adversely affects the status of a student.
44. The institutions must maintain adequate records. These records should include summaries of admission credentials, attendance, measurement of the performance and promotion of the student, and the degree to which requirements of the curriculum have been met. Evaluation of each student in each course should be part of the record.
45. Academic Counseling. The chief academic officer and the directors of all courses must design and implement a system of evaluation of the work of each student during progression through each course. Each student should be evaluated early enough during a unit of study to allow time for remediation. Course directors and faculty assigned to advise students should consider this duty a primary responsibility. All course directors or departmental heads, or their designates, should serve as expert consultants to the chief academic officer for facilitation of performance of both students and faculty. (8) Resources for the Educational Program. (a) Finances. The cost of conducting a certified educational program leading to the BSE or BSET must be supported by sufficient financial resources. Dependence upon tuition must not cause schools to seek enrollment of more students than their total resources can accommodate and provide with a sound education experience. (b) Faculty.
46. Members of the faculty must have the capability and continued commitment to be effective teachers. Effective teaching requires knowledge of the discipline, and an understanding of pedagogy, including construction of a curriculum consistent with learning objectives, subject to internal and external formal evaluation. The administration and the faculty should have knowledge of methods for measurement of student performance in accordance with stated educational objectives and national norms.
47. Persons appointed to faculty positions must have demonstrated achievements within their disciplines commensurate with their faculty rank. It is expected that faculty members will have a commitment to continuing scholarly productivity, thereby contributing to the educational environment of the engineering school.
48. In each of the major disciplines basic to engineering sciences, a sufficient number of faculty members must be appointed who possess, in addition to a comprehensive knowledge of their major disciplines, expertise in one or more subdivisions or specialties within each of these disciplines.
49. In addition, engineers practicing in the community can make a significant contribution to the educational program of the engineering school, subject to individual expertise, commitment to engineering education, and availability. Practicing engineers appointed to the faculty, either on a part-time basis or as volunteers, should be effective teachers, serve as role models for students, and provide insight into contemporary engineering methods.
50. There must be clear written policies for the appointment, renewal of appointment, promotion, retention and dismissal of members of the faculty. The appointment process must involve the faculty, the appropriate departmental heads and the dean. Each appointee should receive a clear definition of the terms of appointment, responsibilities, line of communication, privileges and benefits.
51. The education of engineering students requires an academic environment that provides close interaction among the faculty members so that those skilled in teaching and research in the basic sciences can maintain awareness of the relevance of their disciplines to engineering problems.
52. The dean and a committee of the faculty must determine engineering school policies. This committee typically consists of the heads of major departments, but may be organized in any manner that brings reasonable and appropriate faculty influence into the governance and policymaking processes of the school. The full faculty should meet often enough to provide an opportunity for all to discuss, establish, or otherwise become acquainted with engineering school policies and practices. (c) Library.
53. The engineering school library should be a major component of the school’s program of teaching and learning. Attitudes of lifelong learning can only be instilled by instruction in the production, storage and retrieval of new knowledge. Use and importance of the library can be imparted to students by example of faculty.
54. The engineering students and faculty must have ready access to a well-maintained and catalogued library, sufficient in size and breadth to support the educational programs offered by the institution. The library should receive the leading national and international engineering periodicals, the current numbers of which should be readily accessible. The library and any other learning resources should be equipped to allow students to learn new methods of retrieving and managing information, as well as to use self-instructional materials. A professional library staff should supervise the library and provide instruction in its use.
55. If the library serving the engineering school is part of a university library system, the professional library staff must be responsive to the needs of the engineering school, the faculty, resident staff and students who may require extended access to a journal and reference book collection, some of which may be virtual. The librarian should be familiar with the methods for maintaining relationships between the library and national library systems and resources, and with the current technology available to provide services in non-print materials. If the faculty and students served by the library are dispersed, the utilization of departmental and branch libraries should be facilitated by the librarian and by the administration and faculty of the school. (9) Site Visit. (a) The site visit team shall consist of the Educational Advisory Committee and individual(s) designated by the Board who are or have been engineering educators and practitioners experienced in engineering program evaluation. The applicant must assist the Board in making all necessary arrangements for the site visit, including the opportunity to meet trustees, owners or their representatives, administrators, faculty, students, and any others connected with the program. (b) Following the site visit, the Educational Advisory Committee will report its findings to the Board. (10) Board Approval. (a) Upon receipt of a report from the Educational Advisory Committee, the Board will notify the applicant of its intent to grant or deny approval. Approval must be denied if deficiencies found are of such magnitude as to prevent the students in the school from receiving an educational base suitable for the practice of engineering. (b) If the Board gives notice of its intent to deny the application for approval, the notice shall include a specific list of deficiencies and what the Board will require for compliance. The Board shall permit the applicant, on request, to demonstrate by satisfactory evidence, within 90 days, that it has remedied the deficiencies specified by the Board. (c) If the Board gives notice of its intent to approve the application, it shall specify which type it intends to grant: provisional or full approval. (d) Provisional approval may be granted where deficiencies exist but are not of such magnitude to warrant denial entirely. The Board shall determine the period of provisional approval, not to exceed three (3) years, based on the nature of the deficiencies found, and an estimate of the reasonable period of time which may be necessary to remedy the deficiencies. Failure to remedy the deficiencies within the time specified by the Board may be grounds for denial of approval. The Board may, however, extend the period within which deficiencies may be remedied, if there is good cause to do so. A site visit may be required by the Board if it deems it necessary to determine whether the deficiencies have been adequately remedied and whether any other conditions may have changed during the period of provisional approval. (e) Full approval will be granted to an engineering school which is in substantial compliance with all of the standards set forth in this rule. The school shall submit to the Board evidence of continued compliance annually. (f) Periodic surveys and evaluations of all approved schools shall be made at least every four (4) years. (g) Renewal applications will be evaluated on the basis of standards existing at the time renewal is acted upon by the Board. A site visit may be required as an element of the evaluation. Rulemaking Authority 471.013(1)(a)3. FS. Law Implemented 471.013(1) FS. History–New 8-18-87, Formerly 21H-20.006, Amended 12-26-94, 4-10-08, 12-29-19, Technical Change 3-20-26. 61G15-20.007 Educational Requirements for Applicants without EAC/ABET Accredited Engineering Degrees. (1) Applicants having engineering degrees from programs that are not accredited by EAC/ABET must demonstrate: (a) 30 college semester credit hours of higher mathematics and basic sciences. Credit hours may be substituted with engineering science courses that are in excess of the requirements of paragraph (1)(c).
56. The hours of mathematics must be beyond algebra and trigonometry and must emphasize mathematical concepts and principles rather than computation. Courses in differential calculus and integral calculus are required. Additional courses may include differential equations, linear algebra, numerical analysis, probability and statistics, and advanced calculus. Computer skills and/or programming courses cannot be used to satisfy mathematics requirements.
57. The hours in basic sciences, must include at least two courses. These courses must be in general chemistry, calculus-based physics, biological sciences, or earth sciences (geology, ecology, or oceanography), but the two courses may not be in the same area. For an applicant who has earned both a baccalaureate degree in engineering and a graduate degree in engineering, only one of the two courses is required. Additional courses towards the requisite 30 hours of mathematics and basic sciences may include physical science, natural science, and/or an advanced science, computer skills and/or programming courses cannot be used to satisfy basic science requirements. (b) 45 college semester credit hours of engineering science and engineering design taught within the college or by the faculty of engineering. Examples of approved engineering science courses are mechanics, thermodynamics, heat transfer, electrical and electronic circuits, materials science, transport phenomena, engineering economics, and computer science (other than computer programming skills). Courses in engineering design stress the establishment of objectives and criteria, synthesis, analysis, construction, testing, and evaluation. Graduate-level engineering courses may be included to fulfill curricular requirements in this area. A maximum of six credit hours will be granted for thesis, dissertation, special topics and independent study at any level. Graphics, surveying, or engineering technology courses will not be considered to meet engineering science and design requirements. Cooperative training, practicums, internships, and continuing education activities will not receive credit. (2) Credit By Examination and College Courses. (a) Deficiencies in Mathematics and Basic Sciences and/or General Education required by paragraphs (1)(a) and (1)(b) above, may be satisfied by passage of an examination identified on the “Articulation Coordinating Committee Credit-By-Examination Equivalencies” (Rev 09/2022) list incorporated by reference in State Board of Education paragraph 6A-10.024(8)(a), F.A.C., and which may be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-15005.
58. Credit will only be given for exams in courses that meet the requirements of paragraph (1)(a) or (1)(b) above.
59. For credit to be given, the applicant shall achieve a passing score as identified on the list.
60. Three (3) credit hours shall be granted for each exam, unless the applicant provides evidence that a college or university with an EAC/ABET-accredited engineering program will grant more credit. (b) College- or university-level courses can also be taken to satisfy deficiencies. Credit shall not be given for a college or university course or credit-by-examination exam if credit in a similar course or exam has already been earned. (3) The Board shall make the final decision regarding equivalency of education credentials. The applicant requesting an equivalency determination by the Board bears the burden of presenting evidence regarding equivalency to the Board. (4) An applicant with an engineering degree from a non-EAC/ABET-accredited degree program must request an evaluation of his or her credentials through either of the following: National Council of Examiners for Engineering and Surveying, 200 Verdae Blvd., Greenville, SC 29607; or Josef Silny & Associates, Inc., International Education Consultants, 7101 S.W. 102 Avenue, Miami, FL 33173. (5) Credit toward meeting the education requirements will only be given for coursework with a Grade of “C” or better. Rulemaking Authority 471.008, 471.013 FS. Law Implemented 471.013, 471.015 FS. History–New 7-20-95, Amended 6-5-96, 4-16-98, 1-17-99, 7-28-99, 1-6-02, 6-13-02, 6-30-02, 10-2-03, 6-16-04, 3-13-05, 5-1-05, 6-11-06, 1-29-07, 4-9-07, 1-31-08, 10-15-09, 11-27-11, 2-4-13, 3-17-16, 4-19-18, 12-29-19, 5-27-20, 1-18-23, 5-26-25, 7-27-25, 7-6-26. 61G15-20.008 Educational Requirements for Applicants without ETAC/ABET Accredited Engineering Technology Degrees. (1) Applicants having a baccalaureate degree in engineering technology from programs that are not accredited by ETAC/ABET must demonstrate: (a) A minimum of 24 college semester credit hours of higher mathematics and basic sciences. Credit hours may be substituted with engineering science courses that are not used to satisfy the requirements of paragraph (1)(c).
61. A minimum of 9 semester hours of mathematics which must be beyond algebra and trigonometry and must emphasize mathematical concepts and principles rather than computation. Courses in differential calculus and integral calculus are required. Additional courses may include differential equations, linear algebra, numerical analysis, probability and statistics, and advanced calculus. Computer skills and/or programming courses cannot be used to satisfy mathematics requirements.
62. A minimum of 12 semester hours in basic sciences, which must include at least three courses. These courses must be in general chemistry, calculus-based physics, biological sciences, or earth sciences (geology, ecology, or oceanography), but no more than two of the three courses may be in the same area. For an applicant who has earned both a baccalaureate degree in engineering technology and a graduate degree in engineering, only two courses are required. Additional courses towards the requisite 24 semester hours of mathematics and basic sciences may include physical science, natural science, and/or an advanced science. Computer skills and/or programming courses cannot be used to satisfy basic science requirements. (b) A minimum of 40 college semester credit hours of engineering technology, engineering science, or engineering design taught within the college or by the faculty of engineering. Examples of approved engineering technology courses are mechanics, thermodynamics, heat transfer, electrical and electronic circuits, materials science, transport phenomena, engineering economics, and computer science (other than computer programming skills). Courses in engineering design stress the establishment of objectives and criteria, synthesis, analysis, construction, testing, and evaluation. All engineering course work should incorporate hands-on laboratory work as described in ETAC/ABET criteria, and shall be designed to provide minimal competency in the use of engineering algorithms and procedures. Graduate-level engineering courses may be included to fulfill curricular requirements in this area. A maximum of six credit hours will be granted for thesis, dissertation, special topics and independent study at any level. Graphics or surveying courses will not be considered to meet engineering technology, science and design requirements. Cooperative training, practicums, internships, and continuing education activities will not receive credit. (2) Credit By Examination and College Courses. (a) Deficiencies in Mathematics and Basic Sciences and/or General Education required by paragraphs (1)(a) and (1)(b) above, may be satisfied by passage of an examination identified on the “Articulation Coordinating Committee Credit-By-Examination Equivalencies” (Rev 09/2026) list incorporated by reference in State Board of Education paragraph 6A-10.024(7)(a), F.A.C., and which may be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-19600.
63. Credit will only be given for exams in courses that meet the requirements of paragraph (1)(a) or (1)(b) above.
64. For credit to be given, the applicant shall achieve a passing score as identified on the list.
65. Three (3) credit hours shall be granted for each exam, unless the applicant provides evidence that a college or university with an EAC/ABET or ETAC/ABET accredited engineering program will grant more credit. (b) College- or university-level courses can also be taken to satisfy deficiencies. Credit shall not be given for a college or university course or credit-by-examination exam if credit in a similar course or exam has already been earned. (3) An applicant with an engineering technology degree from a non-ETAC/ABET-accredited degree program must request an evaluation of his or her credentials through Josef Silny & Associates, Inc., International Education Consultants, 7101 S.W. 102 Avenue, Miami, FL 33173. (4) The Board shall make the final decision regarding equivalency of education credentials. The applicant requesting an equivalency determination by the Board bears the burden of presenting evidence regarding equivalency to the Board. (5) Credit toward meeting the education requirements will only be given for coursework with a Grade of ‘C’ or better. Rulemaking Authority 471.008, 471.013 FS. Law Implemented 471.013 FS. History–New 12-29-19, Amended 5-27-20, 1-18-23, 5-26-25, 7-27-25, 7-6-26, 8-27-26. 61G15-20.100 Qualified Business Organizations. Pursuant to Section 471.023, F.S., the practice or offer to practice engineering or engineering services to the public through a business organization, or by a business organization or other person practicing under a fictitious name, is permitted only if the business organization is qualified by a Florida licensed professional engineer. A qualifying agent who is the professional engineer qualifying the business organization must notify the Board of any change in the name of the business organization or the business organization’s qualifying Professional Engineer within thirty (30) days of such change. Rulemaking Authority 471.008 FS. Law Implemented 471.023 FS. History–New 9-7-17, Amended 12-29-19.

Chapter 61G15-21 EXAMINATIONS

Fla. Admin. Code R. 61G15-21 EXAMINATIONS

CHAPTER 61G15-21 EXAMINATIONS 61G15-21.001 Examination Designated; General Requirements 61G15-21.002 Areas of Competency and Grading Criteria (Repealed) 61G15-21.003 Grading Criteria for the Essay Portion of Examination (Repealed) 61G15-21.004 Passing Grade 61G15-21.005 Engineer Intern Examination (Repealed) 61G15-21.006 Exam Review Procedure (Repealed) 61G15-21.007 Re-examination; Additional Requirements After Third Failure 61G15-21.008 State of Florida, Security Policies, Procedures and Guidelines (Repealed) 61G15-21.009 Endorsement (Repealed) 61G15-21.001 Examination Designated; General Requirements. (1) Pursuant to Sections 471.013 and 471.015(1), F.S., an examination shall be given and passed prior to any applicant receiving a license to practice as a professional engineer or becoming an engineer intern in the State of Florida, except as provided in Sections 471.015(3) and (5), F.S. The examination shall be provided by the National Council of Examiners for Engineering and Surveying (NCEES). (a) Part I of the examination provided by NCEES is the Fundamentals of Engineering examination. (b) Part II of the examination provided by NCEES for all disciplines other than structural is the Principles and Practices of Engineering examination, and is given by discipline. (c) For Part II of the examination, in lieu of the Principles and Practices of Engineering exmination, an applicant can take the sixteen (16) hour Structural Engineering examination provided by NCEES. (2) National examination security requirements as established by the NCEES shall be followed throughout the administration of the examination. (3) Applicants for licensure by examination must be graduates of a Board-approved engineering program as defined in subsection 61G15-20.001(2), F.A.C. Acceptance into the fundamentals examination, either in Florida or elsewhere, does not indicate automatic acceptance for the principles and practice examination, nor does it exempt said applicant from meeting the licensure eligibility criteria set forth in Chapter 471, F.S., and Division 61G15, F.A.C. Rulemaking Authority 455.217(1), 471.008 FS. Law Implemented 455.217(1), 471.013, 471.015 FS. History–New 1-8-80, Formerly 21H-21.01, Amended 10-5-92, Formerly 21H-21.001, Amended 11-15-94, 10-14-02, 3-9-04, 2-3-05, 2-2-12, 9-25-13, 8-20-17. 61G15-21.002 Areas of Competency and Grading Criteria. Rulemaking Authority 455.217(1)(b), 471.008 FS. Law Implemented 455.217(1)(b), 471.013 FS. History–New 1-8-80, Amended 2-23-81, 8-25-81, 8-16-82, 4-30-85, 8-20-85, Formerly 21H-21.02, Amended 10-27-92, 1-10-93, Formerly 21H-21.002, Amended 2-14-95, 6-28-95, 11-10-99, Repealed 6-20-01. 61G15-21.003 Grading Criteria for the Essay Portion of Examination. Rulemaking Authority 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 1-8-80, Formerly 21H-21.03, Amended 1-6-92, Formerly 21H-21.003, Repealed 3-9-04. 61G15-21.004 Passing Grade. (1) The passing grade for the Fundamentals of Engineering Examination is determined by National Council of Examiners for Engineering and Surveying, where a scaled score is compared to the minimum ability level determined by psychometric statistical methods. (2) The passing grade for the Principles and Practice Examination is determined by National Council of Examiners for Engineering and Surveying, where psychometric statistical methods are used to determine the level of performance that corresponds with minimal competence in the discipline. Rulemaking Authority 455.217(1)(b), 471.013 FS. Law Implemented 455.217(1)(b), 471.015(1) FS. History–New 1-8-80, Amended 3-23-81, 8-25-81, 2-21-84, 1-20-85, Formerly 21H-21.04, 21H-21.004, Amended 3-9-04, 10-25-15, Technical Change 3-20-26. 61G15-21.005 Engineer Intern Examination. Rulemaking Authority 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 1-8-80, Formerly 21H-21.05, 21H-21.005, Repealed 3-9-04. 61G15-21.006 Exam Review Procedure. Rulemaking Authority 455.217(2) FS. Law Implemented 455.217(2) FS. History–New 1-8-80, Formerly 21H-21.06, Amended 12-24-89, Formerly 21H-21.006, Amended 6-10-99, Repealed 6-20-01. 61G15-21.007 Re-examination; Additional Requirements After Third Failure. (1) As required by section 471.013(1)(e), F.S., if an applicant fails three (3) times to pass either the Fundamentals of Engineering or the Principles and Practices of Engineering examinations, the applicant must take additional courses in order to reapply for examination. The applicant may either: (a) Submit to the Board of Professional Engineers transcripts for the enrollment and completion of twelve (12) college credit hours, with grades no lower than a “C” or its equivalent, of college level courses in the applicant’s area of deficiency. For applicants to take the Fundamentals of Engineering examination, such additional courses shall be undergraduate college courses in higher mathematics, basic sciences or engineering as described in paragraphs 61G15-20.007(1)(a) and (c), F.A.C. For applicants to take Part II of the engineer examination, such additional courses shall be upper level or higher courses in engineering, as defined in paragraph 61G15-20.007(1)(c), F.A.C., or (b) Submit evidence of completion of one of the following board approved engineering examination review courses; the selected course must cover content for the examination in the engineering discipline the applicant intends to take.

1. Schools with an ABET approved engineering program;
2. Kaplan Engineering Education;
3. School of PE;
4. Testmasters Educational Services, Inc.;
5. SmartPros, Ltd.;
6. Professional Publications, Inc., or (2) If the Applicant is delayed in taking either examination due to reserve or active duty service in the United States Armed Forces or National Guard, the Applicant shall have two (2) additional attempts to take either examination, for a total of five (5) attempts, before additional courses are required pursuant to subsection (1), above. Rulemaking Authority 455.217(2), 471.008 FS. Law Implemented 455.217(2), 471.013, 471.015 FS. History–New 1-8-80, Amended 8-25-81, Formerly 21H-21.07, 21H-21.007, Amended 2-14-95, 5-22-01, 12-10-02, 2-3-05, 4-10-08, 11-3-15, 2-19-18, 8-30-23. 61G15-21.008 State of Florida, Security Policies, Procedures and Guidelines. Rulemaking Authority 120.54(8), 455.217 FS. Law Implemented 455.217 FS. History–New 7-14-82, Formerly 21H-21.08, 21H-21.008, Repealed 2-22-01. 61G15-21.009 Endorsement. Rulemaking Authority 471.008 FS. Law Implemented 471.015(3), (5) FS. History–New 8-23-98, Repealed 6-2-09.

Chapter 61G15-22 LICENSE RENEWAL, CONTINUING EDUCATION

Fla. Admin. Code R. 61G15-22 LICENSE RENEWAL, CONTINUING EDUCATION

CHAPTER 61G15-22 LICENSE RENEWAL, CONTINUING EDUCATION 61G15-22.0001 License Renewal 61G15-22.0002 Licensure Change of Status, Reactivation; Reinstatement of Void Licenses 61G15-22.0003 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States 61G15-22.001 Continuing Education Requirements 61G15-22.002 Definitions 61G15-22.003 Qualifying Activities for Area of Practice Requirement 61G15-22.004 Conversion of Education Units to Continuing Education Hours 61G15-22.005 Non-Qualifying Activities 61G15-22.006 Demonstrating Compliance; Audits; Investigations 61G15-22.007 Noncompliance (Repealed) 61G15-22.008 Record Keeping (Repealed) 61G15-22.009 Exemptions from Continuing Education Requirements 61G15-22.010 Qualifying Activities for Laws and Rules Requirement 61G15-22.0105 Approval of Continuing Education Courses in Laws and Rules 61G15-22.011 Board Approval of Continuing Education Providers 61G15-22.012 Obligations of Continuing Education Providers 61G15-22.013 Evaluation of Providers 61G15-22.014 Duration of Provider Status 61G15-22.0001 License Renewal. (1) Active or Inactive Status. To renew an active or inactive status license, the licensee must remit to FEMC a completed renewal application and the biennial renewal licensure fee for active or inactive status licenses as specified by Rule 61G15-24.001, F.A.C. The application form FBPE/020, 12/17, Professional Engineer License Renewal Application And Instructions, is incorporated by reference herein and may be obtained from www.fbpe.org/index.php/licensure/other-forms or at https://www.flrules.org/Gateway/reference.asp?No=Ref-09413. All applications for renewal of inactive status licenses must also contain a statement certifying that the licensee has neither practiced engineering in Florida nor violated any of the provisions of Section 471.033, F.S., since the date on which the license was first placed on inactive status. (2) Delinquent status. (a) Pursuant to Section 455.271(6)(a), F.S., licensees with delinquent status licenses must affirmatively apply for either active or inactive status during the renewal cycle in which the license becomes delinquent; failure to do so by the end of the renewal cycle renders the license void without further action by the Board. (b) Application for renewal of a delinquent status license shall be made on form FBPE/020, and shall be accompanied by all fees as specified by Section 455.271(7), F.S., and Rule 61G15-24.001, F.A.C. In addition, applications for renewal of a delinquent status license must be accompanied by documentation of the licensee’s compliance with the continuing education requirements established by Section 471.017(3)(a), F.S., and Rule 61G15-22.001, F.A.C. (3) Members of the Armed Forces and Spouses. (a) Members of the United States Armed Forces serving on active duty, or having been discharged within the twenty-four (24) months preceding renewal; or spouses or surviving spouses of active duty members, may renew a license as specified in Sections 455.02(1) and (2), F.S. Applications for renewal shall be made by remitting to FEMC Form FBPE 040, 12/18, Renewal Application Military Change of Status, which is incorporated by reference herein and may be obtained from www.fbpe.org/index.php/licensure/other-forms or at https://www.flrules.org/Gateway/reference.asp?No=Ref-10315. (b) The active or inactive license of a member of the Florida National Guard or United States Armed Forces Reserve shall not expire while that member is serving on federal active duty, and shall be extended through the period of federal active duty and for up to ninety (90) days thereafter, as provided by Section 250.4815, F.S. Rulemaking Authority 455.271(2), (5), (6)(a), (7), 471.011, 471.017(2) FS. Law Implemented 250.4815, 455.02(1), (2), 455.271(2), (5), (6)(a), (7), 471.011, 471.017 FS. History–New 8-1-02, Amended 2-18-16, 2-27-17, 11-21-17, 5-28-18, 4-1-19, 7-25-19. 61G15-22.0002 Licensure Change of Status, Reactivation; Reinstatement of Void Licenses. (1) Active to Inactive Licensure Status Change. Licensees may inactivate their license and change their licensure status from active to inactive by remitting to FEMC a completed Change of Status Application, Form FBPE/023, 09/19, and the fee specified by Rule 61G15-24.001, F.A.C. The application form FBPE/023 is incorporated by reference herein and may be obtained from www.fbpe.org/index.php/licensure/other-forms or at https://www.flrules.org/Gateway/reference.asp?No=Ref-11355. (2) Reactivation of Inactive Licenses. Licensees may reinstate an inactive license and change their licensure status from inactive to active by remitting to FEMC a completed Change of Status Application, referenced in subsection (1), the fee specified by Rule 61G15-24.001, F.A.C., and proof of completion of eighteen (18) hours of continuing education obtained within the two (2) years immediately prior to application and in compliance with subsection 61G15-22.001(1), F.A.C. (3) Reinstatement of Void Licenses. Persons previously licensed as professional engineers in Florida may not re-apply for licensure by examination or by endorsement pursuant to Section 471.013 or 471.015, F.S. Rather, pursuant to Sections 455.271(6) and 471.019, F.S., any person previously licensed as a professional engineer in Florida whose Florida license has become void must apply for reinstatement of the previous license. Application for reinstatement shall be made on form FBPE/023, Change of Status Application, referenced in subsection (1). In addition to a completed application form, all applications for reinstatement shall be accompanied by the following. (a) The fees specified by Rule 61G15-24.001, F.A.C.; (b) Documentation of satisfaction of any disciplinary obligations imposed against the void license; (c) Passage of the Board’s Laws and Rules Study Guide as detailed in Rule 61G15-20.0016, F.A.C.; and (d) Documentation of one of the following:

1. Current active practice as a professional engineer in another U.S state or territory. Such documentation shall include verification of active licensure in good standing and compliance with such state or territory’s continuing education requirements; or
2. Applicants not currently in active practice as a professional engineer must provide proof of completion of thirty-six (36) hours of Board approved continuing education, including two (2) hours of professional ethics and a one (1) hour course in Florida Laws and Rules. With the exception of the one (1) hour Florida Laws and Rules course, which can be taken online, the remaining thirty-five (35) hours must be either in-person or synchronous live streaming/videoconference/interactive webinar OR obtained through distance learning CE courses provided by a national or Florida statewide engineering society or association pursuant to Rule 61G15-22.011, F.A.C.; other online or distance learning courses will not be accepted. Rulemaking Authority 455.271, 471.008, 471.019 FS. Law Implemented 455.271, 471.019 FS. History–New 8-1-02, Amended 2-27-17, 12-29-19, 12-27-21, 2-17-25. 61G15-22.0003 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States. Spouses of members of the Armed Forces of the United States are exempt from licensure renewal provisions, but only in cases of absence from the state because of their spouses’ duties with the Armed Forces. Copies of the military orders requiring the change in duty station must be sent to the Board office in order to qualify for the exemption. Upon receipt of the military orders by the Board office confirming exemption eligibility, the spouse’s license will be placed on inactive status with no fee required. Reactivation of the inactive license will not require payment of the fee set forth in paragraph 61G15-24.001(2)(i), F.A.C. The license will remain in inactive status for up to two renewal cycles at which time the licensee must either renew this exemption, before expiration, by submitting a current set of orders establishing eligibility for the exemption or reactivate the license. The licensee may reactivate the license by submitting an application for change of status from inactive to active and will not be required to pay the fee set forth in paragraph 61G15-24.001(2)(j), F.A.C., nor be required to comply with any rules setting conditions for reactivation of licensure, including continuing education requirements imposed by Section 455.271(10), F.S. If a license is not reactivated nor the exemption renewed by the expiration date, the license shall become delinquent. Reactivation of the delinquent license will not require payment of the fee set forth in paragraph 61G15-24.001(2)(d), F.A.C. Rulemaking Authority 455.02(2) FS. Law Implemented 455.02(2) FS. History–New 6-8-03. 61G15-22.001 Continuing Education Requirements. (1) Each licensee shall complete eighteen continuing education hours during each license renewal biennium as a condition of license renewal. Four hours shall relate to the licensee’s area(s) of practice; one hour must be related to professional ethics; and one hour shall relate to Chapter 471, F.S., and the rules of the Board. The remaining hours may relate to any topic pertinent to the practice of engineering as defined in Rule 61G15-22.002, F.A.C. (a) The one (1) hour of professional ethics must be obtained from a professional ethics course approved for credit in any US jurisdiction. (b) The one (1) hour of laws and rules required by Section 471.017, F.S., must be obtained from courses approved by the Board pursuant to Rule 61G15-22.0105, F.A.C. (c) Pursuant to Section 471.017(3)(a), F.S., a licensee may earn the required professional ethics and laws and rules hours by serving as a member of the Legislature or as an elected state or local official. (2) There shall be no carryover of hours permitted from one licensure renewal biennium to the next. (3) Beginning with the effective date of the Eighth Edition of the Florida Building Code (2023), all licensees actively participating in the design of engineering works or systems in connection with buildings, structures, or facilities and systems covered by the Florida Building Code, as identified within Section 553.73(1)(a), F.S., shall: (a) Complete at least a one (1) hour Advanced Florida Building Code course on each new Edition of the Florida Building Code, which can count towards the licensee’s area(s) of practice continuing education requirements; (b) Provide the Board with a copy of a certificate of completion which shows: course number, course hours, Code edition and revision year, and portion of Code or course focus. This course may also count towards the area of practice requirement for continuing education set forth in Rule 61G15-22.001, F.A.C. Rulemaking Authority 471.008, 471.017(3), 471.0195 FS. Law Implemented 471.017(3), 471.0195 FS. History–New 8-19-80, Formerly 21H-22.01, Amended 5-14-86, Formerly 21H-22.001, Amended 6-22-99, 6-13-00, 2-22-01, 9-16-01, 3-7-13, 9-29-14, 2-18-16, 8-1-18, 12-29-19, 1-30-24, 11-12-24. 61G15-22.002 Definitions. (1) Area of Practice: An engineering discipline for which a Principles and Practice of Engineering examination is offered by the National Council for Examiners of Engineering and Surveying (NCEES). (2) Continuing Education Hour (CEH): A time measurement requiring a minimum of 50 minutes instruction or presentation per hour. The Continuing Education hour is the common denominator for other units of credit. A continuing education hour is equivalent to a professional development hour (PDH). (3) Contact Hour. A contact hour shall consist of fifty (50) clock minutes of instruction. (4) College/Unit Semester/Quarter Hour: Credit for course in ABET-approved programs or other related engineering college course. (5) Course/Activity: Any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the licensee’s area of practice. (6) Commercial educator: An individual or business organization trained in teaching and offering education courses for a profit. (7) Vendor: An individual or business organization who sells products or services related to an engineering area of practice. (8) Topic pertinent to the practice of engineering: For purposes of meeting the continuing education requirements, a topic pertinent to the practice of engineering is any topic that falls within the definition of the practice of “engineering” as defined in Section 471.005(7), F.S. Topics on marketing, foreign language skills, and basic math skills below the requirements set forth in paragraph 61G15-20.007(1)(a), F.A.C. are not acceptable and are excluded. Rulemaking Authority 455.213(7), 455.2178, 455.2179, 471.008, 471.017(3) FS. Law Implemented 455.213(7), 455.2178, 455.2179 FS. History–New 9-16-01, Amended 8-1-02, 7-30-03, 2-18-16. 61G15-22.003 Qualifying Activities for Area of Practice Requirement. (1) Successful completion of college courses. (2) Successful completion of short courses, tutorials, webinars, and distance education courses offered through delivery methods such as live, correspondence, recorded, Internet-based; or attending seminars (including in-house engineering seminars), workshops, or professional and technical presentations at meetings, conventions or conferences presented/sponsored by a provider or vendor with specific knowledge related to the licensee’s area of practice approved under Rule 61G15-22.011, F.A.C. (3) Teaching or instructing in subsection (1) or (2) above. However, teaching credit is valid for teaching a course or seminar for the first time only. Teaching credit does not apply to full-time faculty. (4) Authoring published technical engineering papers, articles, or books; or accepted licensee examination items for NCEES. Continuing education credits are earned on the date of publication. (5) Patents. (6) Active participation in professional or technical societies. Civic or trade organizations do not qualify under this provision. Credit for this activity requires that the licensee serve as an officer of the organization or actively participate on a committee in the organization. Continuing Education credits are not earned until the end of each year of completed service. Rulemaking Authority 455.213(7), 471.008, 471.017(3) FS. Law Implemented 455.213(7), 471.017(3) FS. History–New 9-16-01, Amended 5-14-06, 2-18-16. 61G15-22.004 Conversion of Education Units to Continuing Education Hours. (1) One (1) college semester hour credit is equal to 45 continuing education hours. (2) One (1) college quarter hour credit is equal to 30 continuing education hours. (3) One (1) contact hour of professional development in course work, seminars (including in-house seminars at an engineering firm), or professional or technical presentations made at meetings, conventions, or conferences is equal to 1 continuing education hour. (4) For teaching of subsections (1) through (3) above, apply a multiple of 2, if the requirements of subsection 61G15-22.003(3), F.A.C., are met. (5) Each published peer-reviewed paper or book in the licensee’s area of professional practice is equal to 10 continuing education hours. (6) Each published paper or article (other than in paragraph (5) above) in the licensee’s area of professional practice is equal to 5 continuing education hours. (7) Authoring accepted licensee examination items for NCEES is equal to 2 continuing education hours. (8) Each patent developed using engineering principles is equal to 10 continuing education hours. (9) Active participation in professional and technical societies as described in subsection 61G15-22.003(6), F.A.C. Each hour of participation is equal to 1 continuing education hour, with a maximum credit of 4 continuing education hours per renewal period. Rulemaking Authority 471.008, 471.017(3) FS. Law Implemented 471.017(3) FS. History–New 9-16-01, Amended 2-18-16. 61G15-22.005 Non-Qualifying Activities. Activities that do not qualify as Continuing Education Hours include but are not limited to the following: (1) Self-generated courses, that being courses generated and presented by the licensee to himself or herself for continuing education credit. (2) Personal self-improvement courses. (3) Equipment demonstrations or trade show displays. (4) Enrollment without attendance. (5) Repetitive attendance or teaching of the same course. (6) Tours of buildings, structures, schools, museums and such unless there is a clear objective to maintain and strengthen competency in a technical field. (7) Regular employment. (8) Personal, estate or financial planning. (9) Courses the content of which is below the level of knowledge and skill that reflects the responsibility of engineer in charge. Rulemaking Authority 471.008, 471.017(3) FS. Law Implemented 471.017(3) FS. History–New 9-16-01, Amended 6-3-07, 2-18-16. 61G15-22.006 Demonstrating Compliance; Audits; Investigations. (1) Pursuant to section 471.017(3), Florida Statutes, as a condition of licensure renewal, licensees must have completed no less than 18 hours of Continuing Education per licensure biennium. In order to demonstrate compliance with continuing education requirements, licensees must affirmatively declare completion of the continuing education requirements upon licensure renewal. Said declaration shall be accomplished by establishment of a free National Council of Examiners for Engineering and Surveying (NCEES) Continuing Professional Competency (“CPC”) Tracking Account and certification by the Licensee of the holding of such account. (a) Licensees shall be responsible for uploading CE credits to the NCEES Tracking Account. (b) At the time of licensure renewal, each licensee shall indicate on the renewal application that such account has been established. (c) Upon so certifying, the Licensee shall be allowed to proceed with renewal of the license. (2) The Board reserves the right to require licensees to provide the documentation showing that the continuing education requirements are met. (a) In addition, licensees audited in the previous biennium who failed to demonstrate compliance will be included with the group of licensees audited for the current renewal cycle. (b) Licensees whose void license was reactivated during the previous renewal cycle will be included within the group of licensees audited for the current renewal cycle. (c) A failure to produce documentation of compliance with continuing education requirements during an audit will result in the opening of a disciplinary complaint against the licensee for violation of paragraph 61G15-19.001(6)(s), F.A.C. If a violation is proven, the penalty shall be within the guidelines established by sub-subparagraph 61G15-19.004(2)(g)4.i., F.A.C. (3) The licensee shall retain such receipts, vouchers, certificates, or other papers as may be necessary to document completion of the continuing education pursuant to an audit for four (4) years from the date of completion of the continuing education activity. In addition, the Board shall use attendance information submitted by the provider to determine whether licensees can demonstrate compliance. The submission of such documentation to the free NCEES CPC Tracking Account shall constitute compliance with this requirement. (4) In addition to auditing licensee compliance as provided in subsection (2), to monitor licensee compliance with continuing education requirements, any investigation conducted pursuant to Section 455.225, F.S., shall be expanded to include investigation of compliance with continuing education. Rulemaking Authority 455.213(7), 455.2177(4), 455.2178, 471.008, 471.017(2), (3) FS. Law Implemented 455.213(1), (7), (12), 455.2177(1), (2), 455.2178, 455.271(5), 471.017(3), 471.038(3) FS. History–New 9-16-01, Amended 7-13-04, 8-20-12, 1-2-18, 8-1-18, 12-29-19, 12-18-23, 7-11-24. 61G15-22.007 Noncompliance. Rulemaking Authority 455.213(6), 455.2178, 455.2179, 471.017(3), 471.019 FS. Law Implemented 455.213(6), 455.2177, 455.2178, 455.2179, 471.008, 471.017, 471.019 FS. History–New 9-16-01, Repealed 2-2-12. 61G15-22.008 Record Keeping. Rulemaking Authority 471.008, 471.017(3) FS. Law Implemented 471.017(3) FS. History–New 9-16-01, Amended 2-18-16, Repealed 4-4-21. 61G15-22.009 Exemptions from Continuing Education Requirements. (1) Licensees who have become licensed in Florida during the current biennium shall be exempt from continuing education requirements except for the requirement of Section 471.0195, F.S., regarding Advanced Building Code training and the Florida-approved Laws and Rules and Professional Ethics hours required by paragraphs 61G15-22.001(1)(a) and (b), F.A.C. (2) Any licensee whose license is placed in retired status shall be exempt thereafter. (3) Any licensee whose license is placed in inactive status, for so long as it remains inactive. (4) Any licensee who is a member of the United States Armed Forces and maintains Florida licensure pursuant to Section 455.02, F.S. Rulemaking Authority 455.213, 471.017, 471.019 FS. Law Implemented 455.213, 455.2179, 471.017 FS. History–New 9-16-01, Amended 12-29-19, 11-16-20, 2-1-23, Technical Change 3-20-26, Amended 6-15-26. 61G15-22.010 Qualifying Activities for Laws and Rules Requirements. (1) In order to comply with the provisions of Section 471.017(3), F.S., licensees shall demonstrate professional competency relative to Chapter 471, F.S., and the Board’s rules, by: (a) Either completing a continuing education course, as detailed in subsection (2) below; (b) By serving as a board member, as detailed in subsection (3) below, or (c) By approval of the Board as a consulting engineer providing assistance to the Board in the performance of its duties, as detailed in subsection (4) below. (2) Successful completion of a course of continuing education for laws and rules of the Board which must consist of a minimum of one (1) continuing education hour in laws and rules of the Board. (3) Members of the Board of Professional Engineers shall receive credit for the laws and rules and ethics requirements set forth in Section 471.017(3)(a), F.S., for their service as board members. (4) All consultant engineers used by the Board in the resolution of Board business, including rulemaking and prosecution of discipline cases and complaints, shall receive credit for the laws and rules of the Board and area of practice requirement by specific approval of the Board of a written list of such consultants during each biennium. (5) Service as a member of the legislature or as an elected state or local official shall meet the laws and rules and ethics requirements set forth in Section 471.017(3)(a), F.S. Rulemaking Authority 471.008, 471.017(3) FS. Law Implemented 455.213(7), 471.017(3) FS. History–New 9-16-01, Amended 9-4-02, 1-16-03, 8-10-09, 2-18-16. 61G15-22.0105 Approval of Continuing Education Courses in Laws and Rules. (1) Each course provider approved by the Board to conduct courses in Florida Laws and Rules must meet the requirements of Rule 61G15-22.011, F.A.C., and shall submit an application for approval of a continuing education course in Laws and Rules. (2) Applications for approval of Florida Laws and Rules courses shall be made on Form FBPE/008, Application for Approval of Laws and Rules Continuing Education Course (Revised 12/24), which is incorporated by reference herein and may be obtained from www.fbpe.org/licensure/application-process or at https://www.flrules.org/Gateway/reference.asp?No=Ref-17971. (3) All applications shall be submitted on the applicable course approval application identified above and shall include the following: (a) Course materials, including the course syllabus and a detailed outline of the contents of the course; (b) The total number of classroom or interactive distance learning continuing education hours; (c) Required course content shall include
3. Changes to Chapters 455 and 471, F.S., and rules adopted, amended or repealed during the immediately preceding biennium;
4. A list of resources used to develop the course content. (4) Optional course content. In addition to the content required by paragraph (3)(c), above, course content may also include: (a) Application of the provisions of Chapter 471, F.S., to individual disciplinary cases and unlicensed practice cases during the immediately preceding biennium. (b) The laws and rules of the Board pertaining to signing and sealing, responsibility rules, certification and responsible charge. (5) Continuing education course approval is valid for the biennium during which it was approved, provided no substantial change is made in the course and the approval status of the provider has not expired or been suspended or revoked. Substantial changes made in any course will require a new approval of that course. A provider must reapply for course approval ninety (90) days prior to the date of the end of the biennium which would be the expiration of course approval in order to prevent a lapse in course approval. (6) If a course is approved, the board shall assign the course a number. The course provider shall use the course number in the course syllabus, in all other course materials used in connection with the course and in all written advertising materials used in connection with the course. Rulemaking Authority 455.2123, 455.213, 455.2179, 471.017(3) FS. Law Implemented 455.2123, 455.213, 455.2179, 471.017(3) FS. History–New 4-8-07, Amended 4-28-08, 12-21-15, 4-15-25, Technical Change 3-20-26. 61G15-22.011 Board Approval of Continuing Education Providers. (1) Applicants for continuing education provider status must either be registered as a continuing education provider with the Registered Continuing Education Program (RCEP) of the American Council of Engineering Companies (ACEC) or International Association for Continuing Education and Training (IACET) as of March 1, 2015, or meet the requirements of subsection (2) of this rule, to demonstrate the education and/or the experience necessary to instruct professional engineers in the conduct of their practice. (2) To demonstrate the education and/or the experience necessary to instruct professional engineers in the conduct of their practice for continuing education credit, an applicant for continuing education provider status must be a regionally accredited educational institution, a commercial educator, a governmental agency, a state or national professional association whose primary purpose is to promote the profession of engineering, an engineer with a Florida license to practice engineering who is not under disciplinary restrictions pursuant to any order of the Board, a vendor with specific knowledge related to the licensee’s area of practice, or an engineering firm properly qualified as an engineering business organization by the Board pursuant to Section 471.023, F.S. (3) To allow the Board to evaluate an application for continuing education provider status, the applicant must submit the following: (a) A completed Application For Continuing Education Provider, Form FBPE/007 (Revised 12/24), incorporated by reference herein, which may be obtained from www.fbpe.org/licensure/application-process or at https://www.flrules.org/Gateway/reference.asp?No=Ref-17972. (b) The name, address and telephone number of the prospective provider; and, (c) Proof of registration as continuing education provider with ACEC or IACET, or if the applicant is not registered as a continuing education provider with ACEC or IACET, the applicant must submit the following:
5. A description of the type of courses or seminars the provider expects to conduct for credit;
6. A description of the staffing capability of the applicant;
7. A sample of intended course materials;
8. A list of anticipated locations to conduct the courses;
9. A complete course curriculum for each course the applicant intends to offer;
10. A description of the means the applicant will use to update the course in response to rule or law changes;
11. A description of the means the applicant will use to evaluate the licensee’s performance in the course;
12. A fee of $250. (4) No engineer may conduct continuing education courses or seminars for credit upon the engineer’s receipt of any disciplinary order from any professional regulatory board in any jurisdiction. Rather, the engineer must notify the Board office within ten (10) days of the engineer’s receipt of any such order. (5) Should the Board determine that the provider has failed to provide appropriate continuing education services, it shall request that the Department of Business and Professional Regulation issue an order requiring the provider cease and desist from offering any continuing education courses and shall request that the Department revoke any approval of the provider granted by the Board. (6) No provider may allow an engineer to conduct any course or seminar offered by the provider if that engineer has been disciplined and has not been released from the terms of the final order in the disciplinary case. Upon receipt of notice that an instructor is under discipline, the provider shall, within seven (7) days, write to the Board office and confirm that the engineer is no longer conducting any course or seminar offered by the provider. For the purpose of this subsection, a letter of guidance or a reprimand shall not constitute “under discipline.” (7) The Board retains the right and authority to audit and/or monitor programs and review records and course materials given by any provider approved pursuant to this rule. The Board shall request that the Department of Business and Professional Regulation revoke the approved status of the provider or reject individual programs given by a provider if the provider disseminated any false or misleading information in connection with the continuing education programs, or if the provider fails to conform to and abide by the rules of the Board. Licensees will not lose credit for attending courses offered by approved providers that are later rejected or stopped by the Board. (8) Members of the Board of Professional Engineers or the Florida Engineers Management Corporation Board of Directors are prohibited from being a continuing education provider. (9) The following providers shall be approved as providers, and the Board shall accept their courses for continuing education credit: (a) Educational Institutions teaching college level courses; (b) Federal and State Governmental Agencies that establish rules, regulations, guidelines, or otherwise have an impact on the practice of engineering; and, (c) State and National Engineering Professional Associations approved by the Board. Rulemaking Authority 455.213(7), 455.2179, 471.008, 471.017(3) FS. Law Implemented 455.213(7), 455.2179, 471.017(3) FS. History–New 9-16-01, Amended 9-4-02, 12-21-03, 8-8-05, 6-11-06, 1-29-07, 6-3-07, 8-10-09, 7-8-10, 2-18-16, 5-8-18, 5-3-20, 2-3-25, 4-17-25. 61G15-22.012 Obligations of Continuing Education Providers. To maintain status as a continuing education provider, the provider must: (1)(a) Provide courses or seminars designed to enhance the education of engineers in the practice of engineering; (b) Require each licensee to complete the entire course or seminar in order to receive a certificate of completion; (c) Furnish each participant with an individual certificate of attendance. The certificate of attendance must include the following: participant/licensee name; participant/licensee PE number; course number, if applicable; course topic; presenter; date of class; number of continuing education hours awarded; and a brief description of the course. Each course shall be on a separate certificate. An attendance record shall be maintained by the provider for four years and shall be available for inspection by the Board and the Florida Engineers Management Corporation. (d) Ensure that all promotional material for courses or seminars offered to professional engineers for credit contain the provider number. (e) Allow only one continuing education hour for each hour of classroom, audio or video instruction, an “hour of classroom, audio or video instruction” being a minimum of 50 minutes instruction or presentation. (f) Allow only one continuing education hour for each “hour of correspondence study.” The “hour of correspondence study” must be based on the average completion time of each course as established by the provider. (g) Provide a written examination to each participating licensee in correspondence study courses. In order to complete the course, the licensee must sign and date the examination and receive a minimum grade of seventy percent (70%). If a licensee fails the examination, they will be permitted to take the examination again in order to achieve a passing grade. (h) Notify the Board within fourteen (14) days of any change in the address or telephone number of the provider. (i) Allow FEMC’s and the Board’s designee to have access to information concerning courses or seminars conducted by the provider for continuing education credit. (j) As required by section 455.2178(1), F.S., electronically submit student rosters directly to the Department of Business and Professional Regulation Education Provider Reporting Portal at http://www.myfloridalicense.com/DBPR/education-provider-reporting-portal/. (2) Providers must make available to potential participants course information sufficient to allow a participant to clearly understand the course content, learning objectives and outcomes, and level of difficulty prior to enrolling in the course. This requirement may be satisfied by either posting a detailed course description or representative excerpts of the course materials, if course materials in their entirety are not made available for review prior to course registration. Rulemaking Authority 471.008, 471.017(3) FS. Law Implemented 455.2178(1), 471.017(3) FS. History–New 9-16-01, Amended 2-18-16, 5-8-18, 5-27-24, 5-26-25. 61G15-22.013 Evaluation of Providers. (1) The Board, or its designee, reserves the right to evaluate continuing education courses or seminars offered to engineers for credit by the following methods: (a) Observing such courses or seminars; and, (b) Reviewing the files of the provider to gain information about any course or seminar offered to professional engineers for credit. (2) The Board shall not revoke the continuing education credit given to any professional engineer for completion of any continuing education course or seminar about which the professional engineer registers a complaint with the Board. Rulemaking Authority 455.213(7), 455.2178, 455.2179, 471.008, 471.017(3) FS. Law Implemented 455.213(7), 455.2177, 455.2178, 455.2179, 471.017(3) FS. History–New 9-16-01, Technical Change 3-20-26. 61G15-22.014 Duration of Provider Status. (1) Continuing education providers are approved only for the biennium during which they applied and must reapply for provider status at the beginning of each biennium. The biennium for continuing education providers ends on May 31st of each odd-numbered year. (2) A provider must reapply for approval ninety (90) days prior to the date of expiration of provider status in order to prevent a lapse in provider status. Rulemaking Authority 455.213(7), 455.2178, 455.2179, 471.008, 471.017(7) FS. Law Implemented 455.213(7), 455.2178, 455.2179, 471.017(3) FS. History–New 9-16-01.

Chapter 61G15-23 SEALS

Fla. Admin. Code R. 61G15-23 SEALS

CHAPTER 61G15-23 SEALS 61G15-23.001 Signature, Date and Seal Shall Be Affixed 61G15-23.002 Seals Acceptable to the Board 61G15-23.003 Procedures for Physically Signing and Sealing Plans, Specifications, Reports or Other Documents 61G15-23.004 Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents 61G15-23.005 Procedures for Electronically Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents 61G15-23.001 Signature, Date and Seal Shall Be Affixed. (1) A professional engineer shall sign, date and seal: (a) All final plans, prints, specifications, reports, or other documents prepared or issued by the licensee and being filed for public record; (b) All final documents provided to the owner or the owner’s representative. (2) Additional Final and Non-Final Documents. (a) A professional engineer may sign, date and seal documents required by any public entity or any provision of contract which requires the signing, dating and sealing of additional original documents. (b) A professional engineer shall not sign, date and seal any documents which are not final documents unless the professional engineer states any limitations on the use of those documents on the face of those documents by using terms such as “Preliminary,” “For Review Only,” “Not for Construction,” or any other suitable statement which denotes that the documents are for limited use, are not final and are not intended for permit, construction, or bidding purposes. (3) A professional engineer may only sign, date and seal engineering plans, prints, specifications, reports or other documents if that professional engineer was in responsible charge, as that term is defined in subsection 61G15-18.011(1), F.A.C., of the preparation and production of the engineering document and the professional engineer has the expertise in the engineering discipline used in producing the engineering document(s) in question. Professional engineers working for local, State or Federal Government agencies shall legibly indicate their name and license number, and shall indicate the name and address of the agency on all documents that are required to be signed, dated and sealed. (4) Additional Requirements for Plans or Prints, Engineering Specifications and Calculations, and Engineering Reports or Other Documents. When an engineer signs, dates and seals any of the following types of documents plans or prints under the provisions of Section 471.025, F.S., and subsection (1) of this rule, the following additional information must be included: (a) Plans and Prints. Every sheet within the plans and prints must be signed, dated and sealed by the professional engineer in responsible charge.

1. A title block shall be used on each sheet of plans or prints and shall contain the printed name, address, and license number of the engineer who has signed, dated and sealed the plans or prints.
2. If the engineer signing, dating and sealing engineering plans or prints is practicing through a duly authorized qualified engineering business organization; the title block shall contain the printed name and address of the qualified engineering business organization. (b) Engineering Specifications and Calculations. An index sheet shall be used and shall be signed, dated and sealed by each professional engineer who is in responsible charge of any portion of the engineering specifications or calculations.
3. The index sheet must be signed, dated and sealed by those professional engineers in responsible charge of the production and preparation of each section of the engineering specifications or calculations, with sufficient information on the index sheet so that the user will be aware of each portion of the specifications or calculations for which each professional engineer is responsible.
4. The index sheet shall include at a minimum:
   1. The printed name, address and license number of each engineer in responsible charge of the production of any portion of the calculations or specifications.
   2. If the engineer signing, dating and sealing calculations or specifications is practicing through a duly qualified engineering business organization; the printed name and address of the qualified engineering business organization.
   3. Identification of the project, by address or by lot number, block number, section or subdivision and city or county.
   4. Identification of any computer program used for engineering the specifications or calculations.
   (c) Engineering Reports or Other Documents.
5. A signature page or cover letter shall be used and shall be signed, dated and sealed by each professional engineer who is in responsible charge of any portion of the report with sufficient information provided so that the user will be aware of each portion for which each professional engineer is responsible.
6. If the engineer signing, dating and sealing an engineering report or other document is practicing through a duly qualified engineering business organization, the printed name and address of the qualified engineering business organization. (d) The date that the signature and seal is affixed as provided herein shall be entered on said plans, prints, specification, reports or other documents immediately adjacent to the signature of the professional engineer. (5) Additional Requirements for Multi‐Dimensional Models. The Florida Board of Professional Engineers recognizes that the practice of engineering is evolving into increasingly frequent contractual requirements for licensees to submit final work product as an electronic multidimensional model. Accordingly, when a licensee’s contract requires the submission of an electronic multidimensional model as final work product; which by contract, law, or rule must be signed, dated, and sealed, the licensee shall utilize the process specified in paragraph (4)(b), above, regarding engineering specifications or calculations. (6) As detailed in paragraph 61G15-30.003(1)(b), F.A.C., signed and sealed documents are presumed to comply with all applicable codes and standards in effect at the time of sealing. Unless the documents are amendments to documents previously signed and sealed by the engineer, and that fact is clearly noted at the time of submission, the licensee must affirmatively indicate on the documents any other edition of a code or standard, other than those currently in effect, with which the licensee intends the documents to comply. Rulemaking Authority 471.008, 471.025 FS. Law Implemented 471.025, 471.033(1)(a), (e), (j) FS. History–New 1-8-80, Amended 6-23-80, Formerly 21H-23.01, 21H-23.001, Amended 4-1-97, 2-5-04, 8-8-05, 11-16-09, 2-2-12, 11-3-15, 10-26-16, 12-29-19, 6-29-21, 11-15-21. 61G15-23.002 Seals Acceptable to the Board. (1) Only the following seals are authorized to be used pursuant to Section 471.025, F.S.; (a) Wet Seals: A Wet Seal is any seal physically applied to a printed document capable of leaving a permanent ink representation or other form of opaque permanent impression on the printed document that complies with subsection 61G15-23.002(2), F.A.C.; (b) Embossing Seals: An Embossing Seal is any seal physically applied to a printed document capable of leaving a permanent crimped representation or other form of permanent raised impression on the printed document that complies with subsection 61G15-23.002(2), F.A.C.; or (c) Digitally Created Seals: A Digitally Created Seal is any seal created as part of the document and not physically applied that is an opaque permanent representation that complies with subsection 61G15-23.002(2), F.A.C. (2) Wet Seals, Embossing Seals and Digitally Created Seals shall be a minimum of 1-7/8ꞌꞌ inches in diameter and shall be of a design similar to those set forth in subsections (a), (b) and (c) below. When utilizing Digitally Created Seals, the requirement of a minimum diameter of 1-7/8ꞌꞌ inches shall be met when the image is represented in native (unreduced) document size. (a) The seal must contain the licensee’s given name, the licensee’s license number immediately preceded by the designation “No”, the words “PROFESSIONAL ENGINEER” and the words “STATE OF FLORIDA” similar to that depicted here:

(b) If the seal is for a temporary license it must also contain the words “TEMPORARY LICENSE” and the date that the license expires in the form of “Month – Day – Year” immediately preceded by the word “EXPIRES” similar to that depicted here:

(c) For Professional Engineers who are in good standing under both Chapters 471 and 472, F.S., a seal similar to that depicted here may be used.

(d) Seals may contain an abbreviated form of the licensee’s given name or a combination of initials representing the licensee’s given name provided the surname listed with the Board appears on the seal and in the signature. Rulemaking Authority 471.025, 471.033(2) FS. Law Implemented 471.025, 471.033(1)(a) FS. History–New 1-8-80, Amended 1-20-85, Formerly 21H-23.02, Amended 5-14-86, Formerly 21H-23.002, Amended 11-15-94, 8-18-98, 2-3-00, 2-22-01, 2-5-04, 1-31-08, 5-6-09, 11-3-15, 11-16-20. 61G15-23.003 Procedures for Physically Signing and Sealing Plans, Specifications, Reports or Other Documents. Engineering plans, specifications, reports or other documents which must be signed, dated and sealed in accordance with the provisions of Section 471.025, F.S., and Rule 61G15-23.001, F.A.C. may be physically signed, dated and sealed as provided herein by the professional engineer in responsible charge. (1) The licensee shall sign by hand an original of the licensee’s signature on each page required to be sealed. A scanned, facsimile, digitally created or copied image of the licensee’s signature shall not be used. (2) The licensee must then use a wet seal, a digitally created seal, or an embossing seal placed partially overlapping the licensee’s signature on each page required to be sealed. The placement of the seal shall not render the signature illegible. Rulemaking Authority 471.025(1), 668.006 FS. Law Implemented 471.025 FS. History–New 8-18-98, Amended 9-4-05, 5-6-09, 1-5-12, 8-20-12, 12-10-13, 11-3-15. 61G15-23.004 Procedures for Digitally Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents. (1) Engineering plans, specifications, reports or other documents which must be signed, dated and sealed in accordance with the provisions of Section 471.025, F.S., and Rule 61G15-23.001, F.A.C., may be signed digitally as provided herein by the professional engineer in responsible charge. As used herein, the terms “certification authority,” and “digital signature” shall have the meanings ascribed to them in Sections 668.003(2) and (3), F.S. (2) A professional engineer utilizing a digital signature to electronically sign and seal engineering plans, specifications, reports or other documents shall have their identity authenticated by a certification authority and shall assure that the digital signature is: (a) Unique to the person using it; (b) Capable of verification; (c) Under the sole control of the person using it; and, (d) Linked to a document in such a manner that the digital signature and correspondingly the document is invalidated if any data in the document is changed. (3) The affixing of a digital signature to engineering plans, specifications, reports or other documents as provided herein shall constitute the signing and sealing of such items. (a) A digitally created seal as set forth in Rule 61G15-23.002, F.A.C., may be placed where it would appear if the item were being physically signed, dated and sealed. (b) The date that the digital signature was placed into the document must appear on the document in accordance with subsection 61G15-23.001(4), F.A.C., and where it would appear if the item were being physically signed, dated and sealed. (c) The engineering plans, specifications, reports or other documents being digitally signed and sealed shall include text to indicate the following and place it where an original signature would appear if the item were being physically signed, dated and sealed:

1. The same information required by subsection 61G15-23.002(2), F.A.C., if a digitally created image of the seal is not use; and

2. The item has been digitally signed and sealed. (d) Formatting of seals and text similar to that depicted below shall be used. While the formatting may be altered, the text must remain identical.

3. When a digitally created seal is used:

4. When a digitally created seal is not used:

(e) When engineering plans, specifications, reports or other documents contain multiple sheets or pages, the licensee may apply a single digital signature per electronically transmitted item as set out in Rule 61G15-23.001, F.A.C. A digital signature applied to an item in electronic form shall have the same force and effect as signing all of the individual sheets or pages contained within that item unless otherwise limited as specified in subsection 61G15-30.003(3), F.A.C. (f) In the case where multiple licensees sign and seal a single item, each licensee shall apply their digital signature and include qualifying language with those items required in paragraph (e) of this rule, thoroughly describing what portions the licensee is taking responsibility for. Rulemaking Authority 471.025(1), 471.033(2), 471.008 FS. Law Implemented 471.025, 471.033(1)(j), 668.003, 668.006 FS. History–New 11-3-15, Amended 9-7-17, 6-19-18, 11-2-20, 11-12-24, 4-21-25. 61G15-23.005 Procedures for Electronically Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents. (1) Engineering plans, specifications, reports or other documents which must be signed, dated and sealed in accordance with the provisions of Section 471.025, F.S., and Rule 61G15-23.001, F.A.C., may be signed electronically as provided herein by the professional engineer in responsible charge. As used herein, the term “electronic signature” shall have the meanings ascribed to them in Sections 668.003(2), (3) and (4), F.S. (2) The SHA or Secure Hash Standard authentication code is described in Federal Information Processing Standard Publication 180-4 “Secure Hash Standard,” August 2015, which is hereby adopted and incorporated by reference by the Board and can be obtained from the internet website: http://www.flrules.org/Gateway/reference.asp?No=Ref-05976. (3) A professional engineer utilizing an electronic signature to sign and seal engineering plans, specifications, reports or other documents shall: (a) Create a static electronic version, such as PDF, of the engineering document(s) that is to be electronically transmitted; (b) Compute an SHA authentication code for each electronic engineering document; (c) Create a printable “signature report” that contains the licensee’s given name, the licensee’s license number, and a list of the electronic files to be signed and sealed that includes a brief description of each engineering document and the SHA authentication code of each engineering document; (d) Print and physically sign, date and seal the “signature report” in compliance with Rule 61G15-23.003, F.A.C.; and, (e) Transmit the signed, dated and sealed “signature report” to the receiving party along with each electronically signed, dated and sealed engineering document either by hardcopy or electronic scan. If scanned and sent electronically, the hardcopy of the signed and sealed report shall be retained by the licensee in accordance with Rule 61G15-30.009, F.A.C. Each engineering document is considered to be electronically signed and sealed if the document’s SHA authentication code matches the SHA authentication code on the physically signed, dated and sealed “signature report.” (4) The affixing of an electronic signature to engineering plans, specifications, reports or other documents as provided herein shall constitute the signing and sealing of such items. (a) A digitally created seal as set forth in Rule 61G15-23.002, F.A.C., may be placed where it would appear if the item were being physically signed, dated and sealed. (b) The date that the electronic signature is to be placed into the document must appear on the document in accordance with subsection 61G15-23.001(5), F.A.C., and where it would appear if the item were being physically signed, dated and sealed. (c) The engineering plans, specifications, reports or other documents being electronically signed and sealed shall include text to indicate the following and place it where an original signature would appear if the item were being physically signed, dated and sealed:

1. The same information required by subsection 61G15-23.002(2), F.A.C. if a digitally created seal is not used,
2. The item has been electronically signed and sealed using a SHA authentication codes; and,
3. Printed copies of the document are not considered signed and sealed and all SHA authentication code must be verified on any electronic copies. (d) Formatting of seals and text similar to that depicted below shall be used. While the formatting may be altered, the text must remain identical.
4. When a digitally created seal is used:

This item has been electronically signed and sealed by [NAME] on the date adjacent to the seal using a SHA authentication code.

Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies.

2. When a digitally created seal is not used:

[NAME], State of Florida, Professional Engineer, License No. [NUMBER]

This item has been electronically signed and sealed by [NAME] on the date indicated here using a SHA authentication code.

Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies.

Rulemaking Authority 471.025(1), 471.033(2), 471.008 FS. Law Implemented 471.025, 668.006 FS. History–New 11-3-15, Amended 2-3-16, 10-26-16, 9-7-17, 6-19-18, 11-2-20, 11-12-24, 5-26-25. This item has been digitally signed and sealed by [NAME] on the date adjacent to the seal.

Signature must be verified on any electronic copies.

[NAME], State of Florida, Professional Engineer, License No. [NUMBER]

This item has been digitally signed and sealed by [NAME] on the date indicated here.

Signature must be verified on any electronic copies.

Chapter 61G15-24 FEES

Fla. Admin. Code R. 61G15-24 FEES

CHAPTER 61G15-24 FEES 61G15-24.001 Schedule of Fees 61G15-24.002 Unlicensed Activity Fee (Repealed) 61G15-24.003 Change of Status Fee (Repealed) 61G15-24.001 Schedule of Fees. (1) Pursuant to Section 471.011, F.S., the Board hereby establishes the following fees for applications, licensing and renewal, temporary registration, late renewal, licensure by endorsement, reactivation fee, and replacement of certificate. (2) Engineering licensure fees (individuals and firms): (a) Application fee for licensure by examination or endorsement – $125.00 non-refundable. (b) Initial license fee – $100.00. (c) Biennial renewal fee – $93.75. (d) Delinquency fee – $25.00. (e) Temporary license (individual) – $25.00. (f) Temporary license (qualified business organization) – $50.00. (g) Reinstatement fee – $150.00. (h) Inactive Status fee – $125.00. (i) Reactivation fee – $150.00. (j) Change of Status fee (Active/Inactive) – $93.75. (k) Duplicate Certificate – $25.00. (l) Special Inspector Certification fee – $100.00. (m) Application fee for Special Inspector Certification – $125.00. (n) Engineer Intern Endorsement fee – $100.00. (3) Engineer Intern application fee – $30.00. (4) Continuing Education provider fees: Application fee for continuing education provider status – $250.00. (5) Unlicensed Activity Fee collected by the Department of Business and Professional Regulation pursuant to Section 455.2281, F.S. – $5.00. Rulemaking Authority 455.213, 455.2179(3), 455.219, 455.271, 471.008, 471.011 FS. Law Implemented 455.217(3), (7), 455.2179(3), 471.011, 471.015, 471.021 FS. History–New 1-8-80, Amended 8-26-81, 12-19-82, 6-2-83, 2-28-84, Formerly 21H-24.01, Amended 3-10-86, 12-11-86, 3-10-87, 4-12-88, 12-21-88, 1-10-90, 8-15-90, 1-6-93, Formerly 21H-24.001, Amended 11-15-94, 8-10-98, 6-16-99, 5-8-00, 11-15-01, 2-21-02, 9-16-02, 5-9-04, 6-5-05, 3-5-06, 7-17-14, 3-29-17, 10-30-17, 8-8-18, 12-29-19, 5-7-24. 61G15-24.002 Unlicensed Activity Fee. Rulemaking Authority 455.2281 FS. Law Implemented 455.2281 FS. History–New 8-29-93, Repealed 9-12-05. 61G15-24.003 Change of Status Fee. Rulemaking Authority 455.271 FS. Law Implemented 455.271 FS. History–New 2-5-97, Amended 5-22-01, Repealed 11-15-01.

Chapter 61G15-26 SUPERVISION STANDARDS

Fla. Admin. Code R. 61G15-26 SUPERVISION STANDARDS

CHAPTER 61G15-26 SUPERVISION STANDARDS 61G15-26.001 Standards for Supervision of Governmental Employees by Professional Engineers 61G15-26.001 Standards for Supervision of Governmental Employees by Professional Engineers. (1) As required by Section 471.003(2)(b)2., F.S. employees of governmental entities must act under the responsible charge of professional engineers as defined in subsection 61G15-18.011(1), F.A.C., whenever they are performing engineering as that term is defined in Section 471.005(7), F.S. The supervision exercised over such employees by the professional engineer in responsible charge must be of such a quality as to be equivalent to that required of private firms. Further, all documents or reports which would be equivalent to those requiring a professional engineer's seal when filed for public record in the private sector will require the seal, signature and date of the supervising professional engineer when such documents or reports are filed or promulgated on behalf of a governmental entity. This rule shall prohibit non-professional employees governed by this rule from overriding, or approving, accepting or rejecting, or modifying engineering documents prepared by professional engineers unless such actions are concurred in by a professional engineer in responsible charge of the employee and that said professional engineer takes full responsibility for such a decision. Rulemaking Authority 471.003 FS. Law Implemented 471.003, 471.005, 471.025, 471.023, 471.031 FS. History–New 4-2-87, Formerly 21H-26.001, Amended 10-30-22, 7-1-26.

Chapter 61G15-27 PROCEDURES FOR THE ADOPTION OF ANOTHER'S WORK

Fla. Admin. Code R. 61G15-27 PROCEDURES FOR THE ADOPTION OF ANOTHER'S WORK

CHAPTER 61G15-27 PROCEDURES FOR THE ADOPTION OF ANOTHER’S WORK 61G15-27.001 Procedures for a Successor Professional Engineer Adopting As Their Own the Work of Another Engineer 61G15-27.001 Procedures for a Successor Professional Engineer Adopting As Their Own the Work of Another Engineer. (1) A successor professional engineer seeking to reuse already sealed plans, prints, engineering specifications, and/or engineering calculations under the successor professional engineer’s seal shall do so in compliance with Section 471.025(4), F.S. In other words, calculations, site visits, research and the like must be documented and producible upon demand. Plans, prints, engineering specifications, and/or engineering calculations need not be redrawn by the successor professional engineer; however, justification for such action must be available through well kept and complete documentation on the part of the successor professional engineer as to their having rethought and reworked the entire design process. A successor professional engineer must use their own title block, seal and signature and must remove the title block, seal and signature of the original professional engineer before reusing any sealed, prints, engineering specifications, and/or engineering calculations used for permitted works. (2) Prior to sealing and signing such work a successor professional engineer shall be required to notify the original professional engineer, their successors, or assigns of the successor’s intention to use or reuse the original professional engineer’s work. Notification shall be by certified letter or other verifiable communication to the last known physical or electronic address of the original professional engineer. (3) A professional engineer’s reliance upon and legal use of another’s engineering work, in the normal course of providing original service, is not reuse or adoption of such other engineer’s work as contemplated by Section 471.025(4), F.S., and the professional engineer relying upon such work is not a “successor engineer” as used in that section. Such engineering work includes but is not limited to, geotechnical reports, soil investigation reports, legal surveys, and other works that may be sealed, but which are used to support the professional engineer’s work and are not adopted as the professional engineer’s original service or work product. Rulemaking Authority 471.033(2) FS. Law Implemented 471.025(4), 471.033(1)(j), 471.005(6) FS. History–New 8-25-87, Amended 4-21-88, 8-3-88, Formerly 21H-27.001, Amended 8-8-18, 12-29-19.

Chapter 61G15-29 CERTIFICATION

Fla. Admin. Code R. 61G15-29 CERTIFICATION

CHAPTER 61G15-29 CERTIFICATION 61G15-29.001 Certification Definition, Procedures, Prohibitions 61G15-29.001 Certification Definition, Procedures, Prohibitions. (1) The term “Certification” as used herein shall be as set forth in Rule 61G15-18.011(4), F.A.C. (2) When an engineer is presented with a certification to be signed, dated, and sealed, he or she shall carefully evaluate that certification to determine if any of the circumstances set forth in subsection (3) would apply. If any of these circumstances would apply, that engineer shall either: (a) modify such certification to limit its scope to those matters which the engineer can properly sign, date, and seal, or (b) decline to sign, date and seal such certification. (3) Engineers who sign, date and seal certifications which: (a) relate to matters which are beyond the engineer’s technical competence, or (b) involve matters which are beyond the engineer’s scope of services actually provided, or (c) relate to matters which were not prepared under engineer’s responsible supervision, direction, or control; would be subject to discipline pursuant to subsection 61G15-19.001(6), F.A.C. Rulemaking Authority 471.008 FS. Law Implemented 471.025(3), 471.033(1)(j) FS. History–New 1-16-91, Formerly 21H-29.001, Amended 4-2-12, 8-20-12.

Chapter 61G15-30 RESPONSIBILITY RULES COMMON TO ALL ENGINEERS

Fla. Admin. Code R. 61G15-30 RESPONSIBILITY RULES COMMON TO ALL ENGINEERS

CHAPTER 61G15-30 RESPONSIBILITY RULES COMMON TO ALL ENGINEERS 61G15-30.001 Purpose 61G15-30.002 Definitions Common to All Engineer’s Responsibility Rules 61G15-30.003 Minimum Requirements for Engineering Documents 61G15-30.004 Engineering Document Submittal to Public Agencies (Repealed) 61G15-30.005 Request for and Review of Delegated Engineering Documents 61G15-30.006 Delegated Engineer’s Responsibility 61G15-30.007 Prime Professional’s Responsibility 61G15-30.008 Use of Computer Software and Hardware 61G15-30.009 Retention of Engineering Documents 61G15-30.010 Energy Conservation Compliance 61G15-30.001 Purpose. The Board has adopted these responsibility rules pursuant to Section 471.033(2), F.S., to safeguard the life, health, property and welfare of the public by promoting proper conduct in the practice of engineering and due care and regard for acceptable engineering principles and standards. The Board considers that professional engineers may avoid disciplinary actions by observing the procedures set forth herein. Failure to comply with these rules may be considered as noncompliance with subsection 61G15-19.001(4), F.A.C., unless the deviation or departure therefrom is justified by the specific circumstances of the project in question. Furthermore, these rules are intended to apply as general guidelines where no contractual relationship exists between the parties addressed herein. These rules are not intended to take precedence over contractual relationships developed between the parties addressed herein, so long as those contractual relationships do not violate Chapter 471, F.S., or the stated purpose of these responsibility rules. These responsibility rules shall apply to every person holding a license as a professional engineer, and every qualified engineering business organization, as appropriate. A professional engineer’s practices, education, training, experience, qualifications, technical competence, conduct, and responsibilities in connection with his authorized engineering practice, services, and creative work are subject to regulation solely by the Board of professional engineers, the courts, and local jurisdictions. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1) FS. History–New 1-26-93, Formerly 21H-30.001, Amended 11-13-08, 5-14-20, 2-3-25. 61G15-30.002 Definitions Common to All Engineer’s Responsibility Rules. (1) Engineer of Record. A Florida professional engineer who is in responsible charge for the preparation, signing, dating, sealing and issuing of any engineering document(s) for any engineering service or creative work. (2) Prime Professional. A Florida professional engineer or a duly qualified engineering corporation or partnership, who is engaged by the client to provide any planning, design, coordination, arrangement and permitting for the project and for construction observations in connection with any engineering project, service or creative work. The prime professional engineer may also be an engineer of record on the same project. (3) Delegated Engineer. A Florida professional engineer who undertakes a specialty service and provides services or creative work (delegated engineering document) regarding a portion of the engineering project. The delegated engineer is the engineer of record for that portion of the engineering project. A delegated engineer usually falls into one of the following categories: (a) An independent consultant. (b) An employee or officer of an entity supplying components to a fabricator or contractor, so long as the engineer acts as an independent consultant or through a duly qualified engineering corporation. (c) An employee or officer of a fabricator or contractor, so long as the engineer acts as an independent consultant or through a duly qualified engineering corporation. (4) Engineering Documents. Engineering documents are designs, plans, specifications, drawings, prints, reports, or similar instruments of service in connection with engineering services or creative work that have been prepared and issued by the professional engineer or under his responsible supervision, direction or control. (5) Delegated Engineering Documents. Delegated engineering documents are those engineering documents that are prepared by a delegated engineer. (6) Public Record. An engineering document is “filed for public record” when said document is presented with the engineer of record's knowledge and consent to any federal, state, county, district, authority, municipal or other governmental agency in connection with the transaction of official business with said agency. (7) “Engineering Documents Prepared for Public Record” are those documents filed for public record with the Authority Having Jurisdiction (AHJ) to determine compliance with Codes and Standards and to be used for execution of the project. These documents are required to be signed and sealed. (8) Shop Drawings: Drawings depicting installation means and methods, catalog information on standard products, prepared by a contractor, manufacturers, or professional engineers for incorporation into the project which are prepared based on engineering direction contained in Engineering Documents. Shop drawings do not require the signature, date and seal of a professional engineer. (9) Record Documents: Documents that are a compiled representation of the constructed project. If the engineer is relying on information provided by others not under the direct supervision and control of the engineer, then the engineer shall not be required to sign, date and seal these Documents. If relying on information by others, as a minimum, the following shall be included on the Documents: (a) Statement that the documents are a compiled representation of the constructed project. (b) Listing of the sources and basis of information used in the preparation of the Documents. (c) Statement that the Documents are believed to be correct to the best of the engineer’s knowledge, and that the accuracy of the information cannot be guaranteed. (10) Alternative Engineering Sources and Good Engineering Practice shall be synonymous with items 1 and 2 of Section 104.11, Florida Building Code, specifically: (a) The alternate material, design or method of construction is satisfactory and complies with the intent of the provisions of this code; and (b) The material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code as it pertains to quality, strength, effectiveness, fire resistance, durability or safety. Rulemaking Authority 471.008, 471.033 FS. Law Implemented 471.023, 471.025, 471.033 FS. History–New 1-26-93, Formerly 21H-30.002, Amended 11-13-08, 8-27-26. 61G15-30.003 Minimum Requirements for Engineering Documents. (1) Engineering Documents are prepared in the course of performing engineering services. When prepared for inclusion with an application for a general building permit, the Documents shall meet all Engineer’s Responsibility Rules, set forth in Chapters 61G15-31, 61G15-32, 61G15-33, and 61G15-34, F.A.C., and be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the proposed work will conform to all applicable standards, codes, laws, ordinances, rules and regulations in effect at the time the Documents are sealed, signed and dated, as determined by the AHJ. The Documents shall include: (a) Information that provides material specifications required for the safe operation of the system that is a result of engineering calculations, knowledge and experience. (b) If the Engineering Documents are intended to comply with requirements of any edition of federal, state, municipal, or county standards, codes, ordinances, laws, or rules, other than those currently in effect, the Engineering Documents must clearly state the edition and effective dates the Documents are intended to conform to. (c) Information, as determined by the Engineer of Record, needed for the safe and efficient operation of the system. (d) List engineering design criteria; reference project specific studies, reports, and delegated Engineering Documents. (e) Identify clearly elements of the design that vary from the governing standards and depict/identify the alternate method used to ensure compliance with the stated purpose of these Responsibility Rules. (2) Engineers shall legibly indicate their name and business address on Engineering Documents. Engineering Documents which are issued for preliminary or conceptual use shall clearly note the intended purpose of such Documents. (3) When elements of the project are shown on an Engineering Document only for information or clarification and the Engineer does not intend to accept responsibility for the elements, the engineer shall clearly note on the Documents the extent of his responsibility. (4) Engineering Documents shall be legible and clearly define and delineate the work in the project. They must also comply with the requirements of Chapter 61G15-23, F.A.C., Seals. (5) Engineers shall clearly note on any preliminary Engineering Documents that such Documents are not in final form, but are being transmitted to the AHJ to receive agency reviews, comments and interpretations. The Documents may subsequently be revised by the engineer to reflect resolution of issues with the AHJ prior to final action by the AHJ. Changes, revisions and modifications to a project may prompt additional Document submittal for AHJ approval action on the same project. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g), 471.025(3) FS. History–New 1-26-93, Formerly 21H-30.003, Amended 11-13-08, 12-11-16. 61G15-30.004 Engineering Document Submittal to Public Agencies. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g), 471.025 FS. History–New 1-26-93, Formerly 21H-30.004, Repealed 2-11-08. 61G15-30.005 Delegation of Engineering Documents: Obligations of the Engineer of Record. (1) An engineer of record who delegates a portion of his responsibility to a delegated engineer is obligated to communicate in writing his engineering requirements to the delegated engineer. (2) An engineer of record who delegates a portion of his design responsibility to a delegated engineer shall require submission of delegated engineering documents prepared by the delegated engineer and shall review those documents for compliance with his written engineering requirements and to confirm the following: (a) That the delegated engineering documents have been prepared by an engineer. (b) That the delegated engineering documents of the delegated engineer conform with the intent of the engineer of record and meet the written criteria. (c) That the effect of the delegated engineer’s work on the overall project generally conforms with the intent of the engineer of record. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-30.005. 61G15-30.006 Delegation of Engineering Documents: Obligations of the Delegated Engineer of Record. (1) It is the delegated engineer’s responsibility to review the Engineer of Record’s written engineering requirements and authorization for the delegated engineering document to determine the appropriate scope of engineering. (2) The delegated engineering document shall comply with the written engineering requirements received from the engineer of record. They shall include the project identification and the criteria used as a basis for its preparation. If a delegated engineer determines there are details, features or unanticipated project limits which conflict with the written engineering requirements provided by the engineer of record, the delegated engineer shall timely contact the engineer of record for resolution of conflicts. (3) The delegated engineer shall forward the delegated engineering document to the engineer of record for review. All final delegated engineering documents prepared by the delegated engineer must be properly signed and sealed by the delegated engineer and include: (a) Drawings introducing engineering input such as defining the configuration and structural capacity of structural components and/or their assembly into structural systems. (b) Calculations. (c) Computer printouts which are an acceptable substitute for manual calculations provided they are accompanied by sufficient design assumptions and identified input and output information to permit their proper evaluation. Such information shall bear the impressed seal and signature of the delegated engineer as an indication that said engineer has accepted responsibility for the results. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-30.006, Amended 5-20-24. 61G15-30.007 Prime Professional’s Responsibility. It is the responsibility of the prime professional engineer, where one exists, to retain and coordinate the services of such other professionals as needed to complete the services contracted for the project. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-30.007, Amended 11-13-08. 61G15-30.008 Use of Computer Software and Hardware. The engineer shall be responsible for the results generated by any computer software and hardware that he or she uses in providing engineering services. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-30.008. 61G15-30.009 Retention of Engineering Documents. At least one copy of all documents displaying the licensee’s signature, seal, which is legible to the reader, date and all related calculations shall be retained by the licensee or the licensee’s employer for a minimum of three years from the date the documents were sealed. These documents shall be maintained in hardcopy or electronic format. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033(1)(g), (j) FS. History–New 5-9-04, Amended 11-13-08, 8-26-13. 61G15-30.010 Energy Conservation Compliance. The engineer who prepares the compliance calculations, and certifies the accuracy thereof, shall verify that the building construction documents conform to compliance calculations. Data used in calculations shall be under the signature, date and seal of the responsible design professionals. The Engineer of Record for energy conservation compliance calculations shall retain the signed, dated and sealed data as provided for in Rule 61G15-30.009, F.A.C., Retention of Engineering Documents. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033(1)(g), (j) FS History–New 11-13-08.

Chapter 61G15-31 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS CONCERNING THE DESIGN OF STRUCTURES

Fla. Admin. Code R. 61G15-31 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS CONCERNING THE DESIGN OF STRUCTURES

CHAPTER 61G15-31 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS CONCERNING THE DESIGN OF STRUCTURES 61G15-31.001 General Responsibility 61G15-31.002 Definitions 61G15-31.003 Design of Structures Utilizing Prefabricated Wood Trusses 61G15-31.004 Design of Cast-in-Place Post-Tensioned Concrete Structural Systems 61G15-31.005 Design of Structures Utilizing Precast and Prestressed Concrete Components 61G15-31.006 Design of Structural Systems Utilizing Open Web Steel Joists and Joist Girders 61G15-31.007 Design of Pre-Engineered Structures 61G15-31.008 Design of Foundations 61G15-31.009 Design of Structural Steel Systems 61G15-31.001 General Responsibility. The Engineer of Record is responsible for all structural aspects of the design of the structure including the design of all of the structure’s systems and components. As noted herein the engineer of record may delegate responsibility for the design of a system or component part of the structure to a delegated engineer. In either case the structural engineering documents shall address, as a minimum, the items noted in the following subsections covering specific structural systems or components. The Engineer of Record’s structural engineering documents shall identify delegated systems and components. Both the Engineer of Record for the structure and the delegated engineer, if utilized, shall comply with the requirements of the general responsibility rules, Chapter 61G15-30, F.A.C., and with the requirements of the more specific structural responsibility rules contained herein. The Engineer of Record for the Structural System(s) shall provide design requirements in writing to the delegated engineer if one is used and shall review the design documents of the delegated engineer for conformance with his written instructions in accordance with Rule 61G15-30.005, F.A.C. When information collected from the engineer or the engineer’s authorized representative from a site visit is part of the engineer’s deliberative process, the engineer is responsible for the accuracy of such information. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-31.001, Amended 9-28-10, Technical Change 3-20-26. 61G15-31.002 Definitions. (1) Engineer of Record. The Florida licensed professional engineer who develops the overall structural design and the structural design criteria for the structure, and is responsible for the preparation of the structural engineering documents. (2) Structural Component. An individual structural member or element designed to be part of the structure or structural system. This definition of component should not be confused with any other published definitions. (3) Structure. The entity to be built. (4) Structural System. A portion of a structure comprising an assembly of structural components which carry and transmit loads. (5) Structural Engineering Documents. The structural drawings, specifications and other documents setting forth the overall design and requirements for the construction, alteration, repair, removal, demolition, arrangement and/or use of the structure, prepared by and signed and sealed by the engineer of record for the structure. Structural engineering documents shall identify the project and specify design criteria both for the overall structure and for structural components and structural systems. The drawings shall identify the nature, magnitude and location of all design loads to be imposed on the structure. The structural engineering documents shall provide construction requirements to indicate the nature and character of the work and to describe, detail, label and define the structure’s components, systems, materials, assemblies, and equipment. (6) Structural Submittals. Submittals required by the structural engineering documents which do not require the seal of a professional engineer, such as: (a) Drawings prepared solely to serve as a guide for fabrication and installation and requiring no engineering input such as reinforcing steel shop drawings, and structural steel, steel joist and joist girder erection drawings. (b) Catalog information on standard products not fabricated for a specific project. (7) Structural Delegated Engineering Documents. Documents prepared by a delegated engineer to whom the engineer of record for the structure has delegated responsibility for the design of a structural component or system. (8) Specialty Engineer. A licensed professional engineer, who is not the structural engineer of record, who provides engineering criteria or designs necessary for the structure to be completed. The specialty engineer may be a delegated engineer. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g), (j) FS. History–New 1-26-93, Formerly 21H-31.002, Amended 10-19-97, 9-28-10. 61G15-31.003 Design of Structures Utilizing Prefabricated Wood Trusses. (1) When a Structural Engineer of Record and a Delegated Engineer exist as may be determined by applicable Florida law, the apportionment of responsibilities between the Structural Engineer of Record and a Delegated Engineer shall be as set forth in Chapter 2 of ANSI/TPI 1-2022, National Design Standard for Metal Plate Connected Wood Truss Construction, which standard is incorporated herin by reference, wherein the Structural Engineer of Record is the Building Designer and the Delegated Engineer is the Truss Designer as those terms are defined in said standard. The material incorporated is copyrighted material and may be ordered from the Truss Plate Institute, 2670 Crain Highway, Suite 203, Waldorf MD 20601; it is also available for public inspection and examination, but may not be copied, at the Department of State, Administrative Code and Register Section, Room 701, The Capitol, Tallahassee, Florida 32399-0250, and at the Board office, 2400 Mahan Drive, Florida 32308. (2) The Structural Engineer of Record shall provide design requirements in writing to the Delegated Engineer and shall review the design documents of the delegated engineer for conformance to his written instructions in accordance with Rule 61G15-30.005, F.A.C. (3) For the purposes of this rule, the following definitions shall apply: (a) “Truss System” shall mean an assemblage of trusses and truss girders, together with all bracing, connections, and other structural elements and all spacing and locational criteria, that, in combination, function to support the dead, live and wind loads applicable to the roof of a structure with respect to a Truss System for the roof, and the floor of a structure with respect to a Truss System for the floor. A Truss System does not include walls, foundations, or any other structural support systems. (b) “Truss System Engineer” shall mean an engineer who designs a Truss System. (c) “Truss Design Engineer” shall mean an engineer who designs individual trusses, but does not design a Truss System. (4) An engineer is a Truss System Engineer if he designs a Truss System. Each of the drawings in the Truss System design package for the Truss System shall include a title block bearing the printed name, address, and license number of the Truss System Engineer and the date of the drawing. The design documentation prepared by the Truss System Engineer shall also include a truss placement plan for the Truss System, showing the location and designation of each truss. Said design documentation for the Truss System shall be signed and sealed by the Truss System Engineer. The cover or index sheet of the Truss System design package may be signed and sealed in lieu of signing and sealing each individual sheet, provided that the cover or index sheet contains the following information: (a) The name, address and license number of the Structural Engineer of Record, if there is one, and the name, address and license number of the Truss System Engineer. (b) Identification of the project, by address or by lot number, block number, section or subdivision and city or county. (c) Identification of the applicable building code and chapter(s) that the Truss System design is intended to meet, the engineering design criteria relied upon in designing the Truss System and the truss design loading. (d) Identification of any computer program used for engineering the Truss System. (e) An index of the attached Truss System design drawings. The naming and numbering system utilized for the drawings shall be clear as to how many drawings there are in the set and the date and sequence number of each of these drawings shall be included. (5) An engineer is a Truss Design Engineer if he designs individual trusses, but does not design the Truss System. Each of the drawings in the truss design package for individual trusses shall include a title block bearing the printed name, address, and license number of the Truss Design Engineer and the date of the drawing. The Truss Design documents prepared by the Truss Design Engineer shall be signed and sealed by the Truss Design Engineer. The cover or index sheet of the truss design package may be signed and sealed in lieu of signing and sealing each individual sheet, provided that the cover or index sheet contains the following information: (a) The name, address and license number of the Structural Engineer of Record, if there is one, and the name, address, and license number of the Truss Design Engineer. (b) Identification of the project, by address or by lot number, block number, section or subdivision and city or county. (c) Identification of the applicable building code and chapter(s) that the truss design is intended to meet, the engineering design criteria relied upon in designing the trusses and the truss design loading. (d) Identification of any computer program used for engineering the trusses. (e) An index of the attached truss design drawings. The naming and numbering system utilized for the drawings shall be clear as to how many drawings there are in the set and the date and sequence number of each of these drawings. Rulemaking Authority 471.008, 471.033 FS. Law Implemented 471.033 FS. History–New 1-26-93, Formerly 21H-31.003, Amended 6-16-99, 3-21-01, 4-30-03, 10-25-21, 7-27-26. 61G15-31.004 Design of Cast-in-Place Post-Tensioned Concrete Structural Systems. (1) Structural engineering documents shall show the complete structural configuration and loading requirements of the post-tensioned system including: member sizes, type of post-tensioning system, location of all prestressing tendons (in plans and elevation), magnitude of all prestressing forces, and all design assumptions. Structural engineering documents shall also show all required non post-tensioned reinforcing steel including size, spacing, and lengths required for the post-tensioned system. (2) If the engineer of record (EOR) elects to delegate the responsibility for preparation of calculations and installation drawings to a delegated engineer for the post-tensioning system, the EOR shall require the submission of installation drawings for review. Calculations shall also be submitted by the delegated engineer which show sufficient information to document that the number and size of tendons provided are adequate to carry all loads shown on the structural engineering documents. The member dimensions and tendon directions shall match those on the structural engineering documents, unless otherwise agreed to with the EOR, via modified structural engineering documents. Installation drawings shall include the following as a minimum: identification of all the structural elements designed by the delegated engineer, all details of post-tensioned and non post-tensioned materials to be used including necessary accessories, and instructions for construction. If the delegated engineer utilizes or requires any additional reinforcing to maintain the member sizes shown on the structural engineering documents, the delegated engineer shall inform the EOR. If any moments, shears or axial loads are required for the lateral force resisting system the EOR shall provide them to the delegated engineer for inclusion in the preparation of the delegated engineering documents. All forces imposed on the load supporting members from the post-tensioned system shall be reported to the EOR. The installation drawings and calculations shall bear the seal, date, and signature of the delegated engineer who prepared them and shall be reviewed by the EOR for the structure. (3) It is the responsibility of the EOR for the structure to review the post-tensioning system installation drawings together with the shop drawings of all required reinforcing steel needed for a complete structural design. (4) The effect of post-tensioning on other parts of the structure is the responsibility of the EOR. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g), (j) FS. History–New 1-26-93, Formerly 21H-31.004, Amended 9-28-10, 2-28-16. 61G15-31.005 Design of Structures Utilizing Precast and Prestressed Concrete Components. (1) Structural engineering documents shall indicate the configuration of precast and prestressed components and shall include details of supports, anchors and connections for those components. (2) If the engineer of record elects to delegate responsibility for the design of precast or prestressed concrete components, or structural systems utilizing those components, to a delegated engineer, the engineer of record shall require structural delegated engineering documents for review. Structural delegated engineering documents shall bear the impressed seal, date, and signature of the delegated engineer and shall be reviewed by the Engineer of Record as an indication that the intent has been understood and that the specified criteria have been used. (3) Structural delegated engineering documents shall include component details, calculations, and fabrications and erection drawings. All such submittals shall identify the specific project. The effect of precast and prestressed concrete members on other parts of the building is the responsibility of the engineer of record. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-31.005, Amended 9-28-10. 61G15-31.006 Design of Structural Systems Utilizing Open Web Steel Joists and Joist Girders. (1) The Engineer of Record shall indicate on the Structural Engineering Documents the steel joist and joist girder designations as required in Section 2207 of the Florida Building Code, Building, which is incorporated by reference in subsection 61G15-18.011(6), F.A.C., and shall indicate the appropriate standards for joist and joist girder design, layout, end supports, anchorage, bridging requirements, etc., including connections to walls. These documents shall indicate special requirements for concentrated loads, non-uniform loads, openings, extended ends, and resistance to uplift loads. (2) The Engineer of Record is responsible for reviewing the steel joist and joist girder manufacturer’s designs, as required in subsection (1) above, per the Engineer of Record’s specified joist and joist girder designations and/or special loading diagrams, as set forth in Structural Engineering Documents. The Engineer of Record may require the submission of the steel joist and joist girder design calculations as an indication of compliance. When required to submit the steel joist and joist girder calculations, the Engineer of Record shall require the steel joist and joist girder manufacturer to submit a cover letter along with the steel joist and joist girder design calculations. The cover letter shall bear the seal and signature of a Florida registered professional engineer responsible for design of the steel joist and joist girders. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g), (j) FS. History–New 1-26-93, Formerly 21H-31.006, Amended 10-19-97, 1-4-16, 8-22-21, 2-3-25. 61G15-31.007 Design of Metal Building Systems. (1) A metal building system is defined as an integrated set of components and assemblies that are specifically designed to form a complete structural system. This typically includes primary framing comprised of constant depth or web-tapered structural steel frames, secondary members that are cold-formed steel or steel joists, a metal panel roof system and exterior wall cladding. These components and assemblies are manufactured in a manner that permits plant and/or field inspection prior to assembly or erection. (2) Structural engineering documents prepared by the engineer of record shall reflect the design criteria for the metal building system as required in subsection 61G15-31.002(5), F.A.C. They shall indicate all openings, concentrated loads and other special requirements. Foundation conditions assumed in the design shall be indicated as well as the location and magnitude of building reactions on that foundation under all design conditions. (3) The engineer of record may delegate responsibility of the design of the metal building system to a delegated engineer requiring submittal of structural delegated engineering documents. (4) Structural delegated engineering documents shall identify the project and list loading and other design criteria. Structural delegated engineering documents shall include erection drawings which indicate in detail the construction of the structure used for the specific project. The structural delegated engineering documents shall indicate all connection details, openings and other special details. They shall show the magnitude and location of building reactions on the foundation under all design conditions. Calculations shall be provided, if requested by the engineer of record, to prove the design is in compliance with the written engineering requirements for the specific project. Structural delegated engineering documents shall bear the signature, date, and impressed seal of the Florida licensed delegated engineer. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-31.007, Amended 9-28-10. 61G15-31.008 Design of Foundations. (1) The structural engineering documents shall designate the foundation capacity used as the basis of design and shall include data indicating the nature of the foundation and sub-grade material. (2) Site and sub-grade preparation requirements, necessary to provide the foundation capacity, shall be specified in the structural engineering document(s). (3) The foundation capacity and site preparation requirements shall be determined on the basis of scientific analysis utilizing investigations, tests or studies conducted for or provided by the engineer of record for the structure or by a licensed professional engineer, in accordance with code procedures. (4) The engineer of record is responsible for the design of foundation components and shall take into account anticipated loads and load paths along with the evaluation of any existing structural conditions. (5) The engineer of record may delegate the design of certain components of the foundation, such as piles and retaining walls, to a delegated engineer. Structural delegated engineering documents for these components, signed, sealed and dated by the delegated licensed professional engineer, shall be submitted to the engineer of record. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-31.008, Amended 9-28-10. 61G15-31.009 Design of Structural Steel Systems. (1) The engineer of record is responsible for all aspects of the structure’s design including the design of components and connections. (2) The engineer of record may detail all structural connections on the structural engineering documents and require fabrication and erection in accordance with these details. (3) Alternately, the engineer of record may specify criteria for the design of the structural connections and identify the nature, magnitude, and location of all design loads to be supported by the connections in the structural engineering documents. The engineer of record may then delegate design responsibility for the selection or modification of the structural connections to a delegated engineer and require delegated engineering documents, which the engineer of record may require to be signed, sealed and dated by the delegated licensed professional engineer. (4) The structural engineering documents may assign to the fabricator responsibility for implementing the design as specified and for maintaining fabrication and erection tolerances and for ensuring the fit and erectability of the structure. (5) The fabricator shall forward fabrication and erection drawings for review by the engineer of record. Rulemaking Authority 471.033(2), 471.008 FS. Law Implemented 471.033(1)(g) FS. History–New 1-26-93, Formerly 21H-31.009, Amended 9-28-10.

Chapter 61G15-32 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS CONCERNING THE DESIGN OF FIRE PROTECTION SYSTEMS

Fla. Admin. Code R. 61G15-32 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS CONCERNING THE DESIGN OF FIRE PROTECTION SYSTEMS

CHAPTER 61G15-32 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS CONCERNING THE DESIGN OF FIRE PROTECTION SYSTEMS 61G15-32.001 General Responsibility 61G15-32.002 Definitions 61G15-32.003 Common Requirements to All Fire Protection System Engineering Documents 61G15-32.004 Design of Water Based Fire Protection Systems 61G15-32.005 Design of Gas Agent Fire Suppression Systems 61G15-32.006 Design of Foam and Foam Water Fire Suppression Systems 61G15-32.007 Design of Dry Chemical and Miscellaneous Fire Suppression or Control Systems 61G15-32.008 Design of Fire Alarms, Signaling Systems, and Control Systems. 61G15-32.009 Design of Fine Water Spray (Mist) Fire Suppression and Control Systems 61G15-32.010 Design of Smoke Control Systems 61G15-32.001 General Responsibility. Fire protection engineering documents shall be prepared in accordance with applicable technology and the requirements of the authority having jurisdiction. The documents shall identify the Engineer of Record for the project. Both the Engineer of Record for the fire protection system and the delegated engineer, if utilized, shall comply with the requirements of the general responsibility rules, Chapter 61G15-30, F.A.C., and with the requirements of the more specific rules contained herein. The Engineer of Record for the Fire Protection System(s) shall provide design requirements in writing to the delegated engineer if one is used and shall review the design documents of the delegated engineer for conformance with his written instructions in accordance with Rule 61G15-30.005, F.A.C. Any Fire Protection Delegated Engineering Documents must be included in the final set of documents filed for permit. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-32.001, Amended 3-26-09. 61G15-32.002 Definitions. (1) Engineer of Record for the Fire Protection System(s): The Florida licensed Professional Engineer who develops the Fire Protection System(s) design criteria; performs analysis as required: and is responsible for the preparation of the Fire Protection System Engineering Documents. Except to the limited extent provided in subsection 61G15-32.002(10), F.A.C., the Engineer of Record for the Fire Protection system(s) is responsible for providing sealed, signed and dated Fire Protection System Engineering Documents that are in full conformity with the applicable design standards set forth in rule Chapter 61G15-32, F.A.C. (2) Fire Protection Component: Any individual part, subsystem or device to be incorporated in a Fire Protection System. (3) Fire Protection System: Any assembly of Fire Protection components, materials, equipment, which require design to form a fully functional fire protection system. (4) Listed: A fire protection component tested by a nationally recognized fire protection equipment testing organization. Recognized organizations include Underwriters Laboratories, Inc. and Factory Mutual Research Corporation. (5) Fire Protection System Engineering Documents: The fire protection system engineering drawings, specifications, prescriptive and performance criteria, water supply analysis and other materials or representations, which are submitted with the general construction documents pursuant to Section 553.79(6), F.S., that set forth the overall design requirements and provide sufficient direction for the contractor to layout the construction, alteration, demolition, renovation, repair, modification, permitting and such, for any public or private fire protection system(s), which are prepared, signed, dated and sealed by the Engineer of Record for the Fire Protection System(s). (6) Fire Protection System Layout Documents: Layout drawings, supporting calculations, catalog information on standard products, and other construction data prepared by either a licensed contractor or a licensed Engineer that provides detail on the location of risers, service mains, distribution lines, devices, equipment, sizing of pipe and/or circuits, hanger locations, and supporting calculations and also serves as a guide for fabrication and installation of a fire protection system. Fire Protection System Layout Documents are based upon engineering direction provided in the Fire Protection System Engineering Documents and require no additional engineering input. (a) If prepared by a licensed contractor, these documents do not require the seal of a Florida licensed engineer. (b) If prepared by a licensed engineer, these documents are Engineering Documents and therefore meet the definition of Engineering Documents in subsection 61G15-30.002(4), F.A.C., and accordingly, require sealing by a Florida licensed engineer in accordance with Rule 61G15-23.001, F.A.C., Signature, Date and Seal Shall Be Affixed. (c) If prepared by a licensed engineer other than the engineer who prepared, signed, dated, and sealed the Fire Protection System Engineering documents, that engineer shall additionally meet the requirements of Rule 61G15-27.001, F.A.C., Procedures for a Successor Professional Engineer Adopting as His Own the Work of Another Engineer. (7) Codes and Standards: Those nationally recognized codes and standards adopted directly or by reference in Chapter 633, F.S., Fire Prevention and Control; the Florida Building Code; and the Florida Fire Prevention Code. The Florida Building Code and the Florida Fire Prevention Code are incorporated by reference in Rule 61G15-18.011, F.A.C. Applicable codes and standards also include those promulgated by State and local authorities having jurisdiction. In the event the codes and standards fail to cover or address a specific protection requirement, alternative research, test results, and engineering data may be utilized, relying on the Engineer of Record for the Fire Protection System to make an informed engineering decision. This definition is not intended to preclude the use of new technologies when said technology has been demonstrated to provide equivalent or improved protection above that of published National Fire Protection standards. New technologies may be shown to demonstrate that they provide equivalent or improved protection by meeting the criteria set forth in items 1 and 2 of Section 104.11 of the Florida Building Code, to wit: (a) The alternate material, design or method of construction is satisfactory and complies with the intent of the provisions of this code; and (b) The material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code as it pertains to quality, strength, effectiveness, fire resistance, durability or safety. (8) Material Deviation: A deviation or variance from the design parameters established and documented by the Engineer of Record that significantly alters the ultimate performance requirements of the system. (9) Layout: The location of risers, cross mains, branch lines, sprinkler heads, sizing of pipe, hanger locations, and hydraulic calculations based on engineering documents. (10) Fire Protection Delegated Engineering Documents. Fire Protection System Engineering Documents prepared by a delegated engineer to whom the Engineer of Record for the Fire Protection System has contractually delegated responsibility for the design to be simultaneously submitted for permit of a discrete and limited portion of a fire protection system and which are signed, sealed and dated by the delegated engineer. These documents shall be reviewed and approved by the Engineer of Record for the Fire Protection System for conformity with the Engineer of Record’s design intent and shall be included in the engineering design documents prepared prior to submittal for a building permit and Fire Department installation permit, except when no building permit is required. When no building permit is required, the delegated engineering work bearing the seal of delegated engineer and approval of the Engineer of Record for the Fire Protection System shall be submitted together to the fire official for permitting. Rulemaking Authority 471.008, 471.033 FS. Law Implemented 471.005, 471.033 FS. History–New 5-19-93, Formerly 21H-32.002, Amended 4-2-00, 6-26-01, 3-26-09, 10-11-10, 3-28-17, 7-25-19, 12-29-19, 8-20-26. 61G15-32.003 Common Requirements to All Fire Protection System Engineering Documents. (1) The Fire Protection System Engineering Documents shall provide the engineering requirements to be used in the preparation of the Fire Protection System Layout Documents and to indicate the nature and scope of the work, and to describe, detail, dimension, label and define the Fire Protection Components, System(s), materials, assemblies, equipment and its structural and utility support system(s), insofar as they involve the safeguarding of life, health or property. (2) The Fire Protection System Engineering Documents shall specify the applicable requirements for the acceptance testing of the fire protection system and components, which shall be based upon applicable codes and standards, where available. (3) The occupancy of the area or description of a specific hazard being protected by the Fire Protection System(s) shall be shown on the Fire Protection System Engineering Documents. (4) The applicable code(s) and standard(s) to be used in the preparation of the Fire Protection System Layout Documents shall be shown on the Fire Protection System Engineering Documents. When codes and standards are not available or applicable, and said layout documents are to be based on engineering judgment, any reasons and assumptions made to develop the fire protection concept shall be identified on the Fire Protection System Engineering Documents. (5) Structural support and structural openings required by the Fire Protection System shall be shown on the Fire Protection System Engineering Documents and shall be referenced on structural engineering documents. (6) When Fire Protection Layout Documents contain material deviation from the Fire Protection System Engineering Documents, such Layout Documents are not compliant unless they are accompanied by revised Engineering Documents prepared, signed, dated and sealed by the Engineer of Record for the Fire Protection System. (7) Requirements for activation control systems, sequence, operating parameters, interlocks, safety related devices, indicators and alarms, shall be shown on the Fire Protection System Engineering Documents, unless shown on other related documents. (8) Any information deemed appropriate by the Engineer of Record to assist the authority having jurisdiction in understanding the owner’s intended use and proposed protection of the building or facility and to provide sufficient direction to the installation contractor or other interested parties regarding the layout of the system(s), shall be included in the Fire Protection System Engineering Documents. (9) Fire Protection System Engineering Documents shall additionally meet the requirements of Rule 61G15-30.003, F.A.C., Engineering Documents. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.005(7), 471.033(2) FS. History–New 5-19-93, Formerly 21H-32.003, Amended 4-2-00, 6-26-01, 3-26-09, 7-25-19. 61G15-32.004 Design of Water Based Fire Protection Systems. (1) Water Based Fire Protection Systems include automatic sprinkler systems of wet, dry, fine water spray (mist), manual, and deluge valve controlled types, pumping systems, standpipes, fire water mains and dedicated fire protection water sources. Items to be considered in the design or analysis of water based fire protection systems are, as applicable to the particular project: water supply system, occupancy and classification, control, installation requirements, interoperability and performance requirements. (2) The design specifications shall be based on the Florida Building Code, the Florida Fire Prevention Code, or as required by the local authority having jurisdiction. The Florida Building Code and the Florida Fire Prevention Code are incorporated by reference in Rule 61G15-18.011, F.A.C. (3) For Engineering Documents pertaining to Fire Protection Systems exempted by the threshold requirements for mandatory use of professional engineering services, the Engineer of Record shall determine the level of detail shown on plans for a Fire Protection system. All such plans shall include a disclaimer stating the Fire Protection system is exempt from professional engineering services and shall provide a clear understanding of the minimum system requirements expected to be installed by the contractor and permitted by the authority having jurisdiction (AHJ). In the event the Engineer of Record provides more information and direction than is minimally required, he or she shall be held responsible for the technical accuracy of the work in accordance with applicable codes, standards, and sound engineering principles. (4) To ensure minimum design quality in Fire Protection System Engineering Documents, said documents shall include as a minimum the following information when applicable: (a) The Point of Service for the fire protection water supply as defined by Section 633.102(24), F.S. (b) Applicable NFPA standard to be applied, or in the case where no such standard exists, the engineering study, judgments, and/or performance based analysis and conclusions. (c) Classification of hazard occupancy for each room or area. (d) Design approach, which includes system type, densities, device temperature rating, and spacing for each separate hazard occupancy. (e) Characteristics of water supply to be used, such as main size and location, whether it is dead-end or circulating; and if dead-end, the distance to the nearest circulating main, as well as its minimum duration and reliability for the most hydraulically demanding design area. (f) When private or public water supplies are used, the flow test data, including date and time of test, who conducted test or supplied information, test elevation, static gauge pressure at no flow, flow rate with residual gauge pressure, hydrant butt coefficient, and location of test in relation to the hydraulic point of service. (g) Valving and alarm requirements to minimize potential for impairments and unrecognized flow of water. (h) Abnormally High Rates of Corrosion. The Engineer of Record shall make reasonable efforts to identify water supplies and environmental factors that will result in abnormally high rates of corrosion. Such efforts may consist of discussions with the local water purveyor and/or fire official, familiarity with conditions in the local area, or laboratory testing of water supplies. When conditions are found that may result in abnormally high rates of corrosion of the fire protection piping, the engineer shall design corrective measures. For purposes of this rule, “Abnormally High Rates of Corrosion” means a rate of corrosion that significantly decreases the expected service life of a fire protection system. Examples of causes of abnormally high rates of corrosion include exposure to salt air, saltwater, or raw water supply; chlorine laden atmosphere; introduction of oxygenated water; and microbially induced corrosion. (i) Backflow prevention and metering specifications and details to meet local water purveyor requirements including maximum allowable pressure drop. (j) Quality and performance specifications of all yard and interior fire protection components. (k) For high hazard occupancy classifications, storage occupancies, and factory occupancies, as defined in Sections 307, 311, and 306, respectively, of the Florida Building Code, Building, and high-rise buildings, as defined in section 202 of the Florida Building Code, Building, a determination of whether a fire pump is required and if so, the specific volumetric flow and pressure rating of the pump. The Florida Building Code is incorporated by reference in subsection 61G15-18.011(6), F.A.C. (l) A verification of whether a firewater storage tank is required on site and if so, a determination of the size and capacity required. (m) Owner’s Certificate. In storage occupancies, the Owner’s Information Certificate is required from the property owner as it clearly defines the storage configuration of the space for the current and future use of the property, as required by the codes and standards set forth in subsection 61G15-32.002(7), F.A.C. (5) Contractor submittals which deviate from the above minimum design parameters shall be considered material deviations and require supplemental engineering approval and documentation. (6) In the event the Engineer of Record provides more information and direction than is established above, he or she shall be held responsible for the technical accuracy of the work in accordance with applicable codes, standards, and sound engineering principles. (7) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033(2) FS. History–New 5-19-93, Formerly 21H-32.004, Amended 4-2-00, 6-26-01, 6-15-15, 8-24-16, 7-25-19, 3-23-22, 6-29-23, 5-12-25. 61G15-32.005 Design of Gas Agent Fire Suppression Systems. (1) Gas Agent Fire Suppression Systems include CO2, Halon, inerting and purge gases, and all other gaseous formulations and multi-phase agents released for the purpose of fire control or extinguishment. (2) The Fire Protection System(s) design specifications shall be based on applicable NFPA standards when available, or alternative engineering sources and good engineering practice. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-32.005, Amended 5-22-23. 61G15-32.006 Design of Foam and Foam Water Fire Suppression Systems. (1) Foam and Foam Water Fire Suppression Systems include local application, total flooding, high and low expansion foams, and foam-water sprinkler systems. (2) The Fire Protection System design specifications shall be based on applicable NFPA standards, when available, or alternative engineering sources and good engineering practice. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-32.006, Amended 5-22-23. 61G15-32.007 Design of Dry Chemical and Miscellaneous Fire Suppression or Control Systems. (1) Dry chemical and miscellaneous systems include dry chemical systems, explosion control systems, and fire control structures. (2) The Fire Protection System design specifications shall be based on applicable NFPA standards, when available, or alternative engineering sources and good engineering practice. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-32.007, Amended 6-29-23. 61G15-32.008 Design of Fire Alarms, Signaling Systems, and Control Systems. (1) Fire alarms and detection systems include fire protection supervision, emergency alarm circuits, activation of life safety system controls and remote signaling of emergency conditions. Items to be considered in the design or analysis of fire alarm and detection systems are, as applicable to the particular project: occupancy and classification, monitoring, control and communication, cabling and supervision requirements, installation requirements, interoperability and performance requirements. (2) The design specifications shall be based on the Florida Building Code, the Florida Fire Prevention Code, or as required by the local authority having jurisdiction. The Florida Building Code and the Florida Fire Prevention Code are incorporated by reference in Rule 61G15-18.011, F.A.C. (3) For Engineering Documents pertaining to Fire Protection Systems exempted by the threshold requirements for mandatory use of professional engineering services, the Engineer of Record shall determine the level of detail shown on plans for a Fire Protection system. All such plans shall include a disclaimer stating the Fire Protection system is exempt from professional engineering services and shall provide a clear understanding of the minimum system requirements expected to be installed by the contractor and permitted by the authority having jurisdiction (AHJ). In the event the Engineer of Record provides more information and direction than is minimally required, he or she shall be held responsible for the technical accuracy of the work in accordance with applicable codes, standards, and sound engineering principles. (4) To ensure minimum design quality of Fire Alarm and Detection Systems Engineering Documents, said documents shall include as a minimum the following information when applicable: (a) The documents shall be clear, with a symbols legend, system riser diagram showing all initiation and notification components, and cabling requirements. The documents shall indicate locations where fire ratings are required as determined by the system’s survivability requirements, and shall identify the general occupancy of the protected property and each room and area unless it is clear from features shown. (b) Locate initiation and notification devices and connections to related systems on the floor plans and sections when needed for clarity. Related systems include elevator controls, smoke control systems, dampers, door release, any other systems or elements directly or indirectly controlled or monitored. (c) Strobe intensity and speaker output ratings for all notification devices. (d) Identify the Class of circuits as listed in NFPA 72, which is contained within and incorporated into the Florida Fire Prevention Code. (e) Identify the functions required by the alarm and control systems including the transmission of emergency signals being monitored or annunciated. (f) Indicate whether the fire alarm is conventional zoned or digital addressable, and indicate all zoning. (g) Locate surge protective devices and required protective features. (h) Identify and locate system devices that are subject to environmental factors, and indicate requirements for the protection of equipment from temperature, humidity or corrosive atmospheres, including coastal salt air. (i) The documents shall include a site plan of the immediate area around the protected building, structure or equipment when alarm devices are required outside the structure. (j) In buildings where smoke detection will be obstructed by walls, beams or ceiling features, the Engineer of Record shall provide applicable design and details to direct the installer to mitigate the obstructions. In buildings with smoke detection under a pitched roof, the plans shall indicate the roof pitch and a building section shall be provided as part of the Engineering Design Documents. (k) For fire detection systems utilizing smoke detection in situations where smoke stratification is anticipated, the design shall provide the necessary criteria to mitigate the detection problems. (l) Systems designed using Performance Based criteria shall be identified and referenced to design guides or standards approved by the local authority having jurisdiction consistent with standards adopted by the Florida Fire Prevention Code and the Florida Building Code. (m) The system design must indicate if the system is to provide a general evacuation signal or a zoned evacuation for all high-rise buildings or multi-tenanted properties as defined in section 2 of the Florida Building Code, Building. (n) Wiring requirements for underground, wet locations, campus style wiring, protection against damage and burial depth shall be specified or indicated on the engineering design documents. (o) Requirements for operations and maintenance procedures, manuals, system documentation, and instruction of Owner’s operating personnel, as needed to operate the systems as intended. (5) In the event that the Engineer of Record elects to specify specific equipment and to show the required wiring, battery and voltage drop (circuit analysis) calculations shall be completed. The calculations shall be completed using the equipment manufacturer’s data and applicable NFPA 72 procedures. (6) System test requirements shall be noted on the Engineering Design Documents. (7) When the Engineer of Record determines that special requirements are required by the owner, insurance underwriter or local fire code amendments these requirements shall be documented or referenced on the Engineering Design Documents. Rulemaking Authority 471.008, 471.033 FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-32.008, Amended 3-26-09, 3-28-17, 7-25-19, 3-23-22, 5-22-23, 6-15-26. 61G15-32.009 Design of Fine Water Spray (Mist) Fire Suppression and Control Systems. (1) Fine water spray (mist) systems include water based fire suppression and control systems based on National Fire Protection Association (NFPA) Standard 750, which is contained within and incorporated into the Florida Fire Prevention Code. (2) The fire protection system(s) shall be based on applicable NFPA standards when available or on alternative engineering sources including full scale fire testing and good engineering practice when no applicable standard exists. (3) Design of fine water spray systems requires specific knowledge of hazards, physical containment and fire dynamics. A “pre-engineered” listed system shall be installed only after the engineer of record has evaluated the project specific protected hazard. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033(2) FS. History–New 4-2-00, Amended 3-28-17. 61G15-32.010 Design of Smoke Control Systems. (1) Smoke control systems include, but are not limited to, smoke exhaust systems and pressurization systems for the purpose of providing a tenable environment to allow occupants to exit the building (2) The Fire Protection System(s) shall be based on the Florida Building Code, the Florida Fire Prevention Code, applicable NFPA standards, when available, or on alternative engineering sources and good engineering practice when required. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033(2) FS. History–New 7-25-19.

Chapter 61G15-33 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS CONCERNING THE DESIGN OF ELECTRICAL SYSTEMS

Fla. Admin. Code R. 61G15-33 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS CONCERNING THE DESIGN OF ELECTRICAL SYSTEMS

CHAPTER 61G15-33 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS CONCERNING THE DESIGN OF ELECTRICAL SYSTEMS 61G15-33.001 General Responsibility 61G15-33.002 Definitions 61G15-33.003 Design of Power Systems 61G15-33.004 Design of Lighting Systems 61G15-33.005 Design of Communications Systems 61G15-33.006 Design of Alarm and Control, Signaling Systems 61G15-33.007 Design of Lightning Protection Systems 61G15-33.008 Design of Grounding Systems 61G15-33.009 Design of Instrumentation and Control Systems (Repealed) 61G15-33.010 Certification of Electrical Systems of Public Interest 61G15-33.001 General Responsibility. Electrical Engineering Documents shall be prepared in accordance with generally accepted engineering standards. The Electrical Engineering Documents shall identify the Engineer of Record. Electrical Engineering Documents shall comply with the requirements of the applicable codes and standards as defined herein. The Engineer of Record is responsible for determining the applicability of appropriate codes and standards to a given project. In the event the codes and standards fail to address a specific requirement or situation, alternative research, test results, engineering data, and engineering calculations shall be utilized. Electrical Engineering Documents for construction shall indicate the nature and character of the electrical work and shall describe, label and define the required electrical systems components, processes, equipment and material and its structural support systems. Both the Engineer of Record for the electrical system and the delegated engineer, if utilized, shall comply with the requirements of the general responsibility rules, Chapter 61G15-30, F.A.C., and with the requirements of the more specific rules contained herein. The Engineer of Record for the Electrical System(s) shall provide design requirements in writing to the delegated engineer if one is used and shall review the design documents of the delegated engineer for conformance to written instructions in accordance with Rule 61G15-30.005, F.A.C. Documents prepared by a delegated engineer and so reviewed must be included in the final set of documents filed for permit unless required by the permitting entity to be submitted independently. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-33.001, Amended 11-13-08, 12-4-17. 61G15-33.002 Definitions. (1) Engineer of Record for the Electrical Systems. The Florida Professional Engineer who develops the electrical system design criteria or performs the analysis and is responsible for the preparation of the Electrical Documents for the project. (2) Electrical Component. An individual electrical device to be part of an electrical system. (3) Electrical. Any device or mechanism that operates due to the action of electricity. (4) Electrical System. Any system, assembly of electrical components, materials, utilities, equipment, work system, machines, products or devices which require electrical energy in order to perform its intended function. (5) Electrical Engineering Documents. All electrical drawings, specifications, reports, calculations, data and other documents utilized to establish the overall design and requirements for the construction, alteration, modernization, repair, demolition, arrangement, or use of the electrical system, or analysis or recommendations, as prepared by the Engineer of Record for the Electrical System. Electrical Engineering Documents shall additionally meet the requirements of Rule 61G15-30.003, F.A.C., Engineering Documents. (6) Electrical Submittals. Catalog information on standard products or drawings prepared solely to serve as a guide for fabrication and installation and requiring no engineering input. Such submittals are not Engineering Documents or Delegated Engineering Documents and do not require the seal of a Florida Professional Engineer. (7) Codes and Standards. Those nationally recognized Codes and Standards adopted directly or by reference in the Florida Building Code, adopted in its entirety by reference in subsection 61G15-18.011(6), F.A.C., and the Florida Fire Prevention Code, adopted in its entirety by reference in subsection 61G15-18.011(7), F.A.C. (8) Electrical Delegated Engineering Documents. Electrical Engineering Documents prepared by a delegated engineer to whom the Engineer of Record for the Electrical System has delegated responsibility for the design of an electrical component or system and which are signed, sealed and dated by the delegated engineer. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-33.002, Amended 11-13-08, 12-4-17. 61G15-33.003 Design of Power Systems. (1) Power systems convey or distribute electrical energy. Items to be considered in the design and analysis of power systems are, as applicable to the particular project: steady state and transient load characteristics, short circuit availability, arc flash potential, load flow, voltage drop, effects of harmonics, power factor, and protective device coordination. (2) For Engineering Documents pertaining to Electrical Systems exempted by the threshold requirements for mandatory use of professional engineering services established by Section 471.003(2)(h), F.S., the Engineer of Record shall determine the level of detail shown on plans for an Electrical system. All such plans shall include a disclaimer stating the Electrical systems are exempt from professional engineering services and shall provide a clear understanding of the minimum system requirements expected to be installed by the contractor and permitted by the authority having jurisdiction (AHJ). In the event the Engineer of Record provides more information and direction than its minimally required, he or she shall be held responsible for the technical accuracy of the work in accordance with applicable codes, standards, and sound engineering principles. (3) Electrical Engineering Documents for power systems that exceed the threshold requirements for mandatory use of professional engineering services must include the following information, if applicable to the particular project: (a) Power distribution riser diagram. (b) Conductor sizes (AWG or kcmil) and insulation type, or cable assemblies characteristics. (c) Circuit interrupting devices, ratings and fault current interrupting capability. (d) Location and characteristics of any surge protective devices, if included in the engineering design. (e) Main and distribution equipment, control devices, locations and ratings. (f) Circuitry of all outlets, equipment and devices. (g) Feeder and service capacity calculations. (h) Electrical legends. (i) Grounding and bonding requirements. (j) Instrumentation and control when necessary for safe operation or to show intended function. (k) Engineering Documents applicable to power systems filed for public record shall also contain information required by the Florida Building Code, incorporated by reference in subsection 61G15-18.001(6), F.A.C. (l) Engineers performing arc flash hazard analysis must determine arc flash approach distance, assess and convey the incident energy levels, and identify appropriate PPE class. Any such verification shall constitute an Engineering Certification as that term is defined in subsection 61G15-18.011(4), F.A.C., and must comply with the Responsibility Rules, including Rule 61G15-29.001, F.A.C. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-33.003, Amended 11-13-08, 12-4-17, 11-15-21, 2-17-25. 61G15-33.004 Design of Lighting Systems. (1) Lighting systems convert electrical energy into light. Items to be considered in the design and analysis of lighting systems are, as applicable to the particular project: average and minimum illuminance, equivalent spherical illuminance, uniformity ratios, visual comfort probability, special purpose lighting, impacts of light intrusion, light trespass, security and safety, and the requirements of the Florida Building Code, Energy Conservation, which is incorporated by reference in Rule 61G15-18.011, F.A.C. (2) Electrical Engineering Documents for lighting systems must include the following information, if applicable to the particular project: (a) Lighting fixture performance specifications and arrangements. (b) Emergency lighting, egress lighting, and illuminated exit markings and their ancillary equipment such as inverters and batteries. (c) Equipment legend. (d) Lighting control and circuiting. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-33.004, Amended 11-13-08, 12-4-17. 61G15-33.005 Design of Communications Systems. (1) Communications systems are utilized to convey voice and data. Items to be considered in the design and analysis of communication systems are, as applicable to the particular project: cabling requirements, installation requirements, performance requirements, backup power requirements, the interrelationship of the various systems and applicable standards and regulatory requirements. (2) Electrical Engineering Documents for communications systems must include the following information, if applicable to the particular project: (a) System riser diagram for each cabling system. (b) Equipment legend. (c) Cabling type and performance data of the transmission. (d) Device type and locations. (e) Backup power sources where applicable. (f) Installation, identification and testing requirements. (g) Characteristics and locations of surge protective devices, if included in the engineering design. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-33.005, Amended 11-13-08, 12-4-17. 61G15-33.006 Design of Alarm, Control, and Signaling Systems. (1) Alarm, control, and signaling systems include motor control systems, emergency alarm circuits, activation of life safety system controls and remote signaling of emergency conditions (See Rule 61G15-32.008, F.A.C., for Fire Alarm Systems), surveillance and access control systems, temperature control, and systems related to energy conservation and facility management systems. Items to be considered in the design or analysis of alarm, control, and signaling systems include: cabling requirements; installation requirements; performance requirements; and interoperability. The design documents shall be based on standards set forth in NFPA 72, the Florida Building Code, the Florida Fire Prevention Code, or as required by the local authority having jurisdiction. The Florida Building Code and the Florida Fire Prevention Code are incorporated by reference in Rule 61G15-18.011, F.A.C. (2) The Electrical Engineering Documents for alarm, control, and signaling systems must include the following information, if applicable to the particular project: (a) Description of the control system functions, or a functional diagram. (b) Equipment legend. (c) System riser diagram. (d) Cabling and conductor types and requirements. (e) Installation, identification and testing requirements. (f) Back-up power. (g) Location and characteristics of surge protective devices, if included in the engineering design. (h) Details and requirements indicated by Rule 61G15-32.008, F.A.C. (i) Complete requirements for operations and maintenance procedures, manuals, system documentation, and instruction of Owner’s operating personnel, as needed to operate the systems as intended over time. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-33.006, Amended 11-13-08, 12-4-17. 61G15-33.007 Design of Lightning Protection Systems. (1) Lightning Protection Systems are passive systems used to protect building and structures from damage caused by lightning and static discharges. Items to be considered in the design or analysis of these systems include risks to persons or property, environmental factors, geological factors, building or structure characteristics, and materials performance. (2) Electrical Engineering Documents for lightning protection systems must include the following information, if applicable to the particular project: (a) Lightning Risk Assessment. (b) Air terminals height and spacing. (c) Corrosion protection measures. (d) Arrangement of Main and Down conductors. (e) Grounding Terminals and spacing. (f) Conductor type and size. (g) Equipment Legend. (h) Testing requirements. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-33.007, Amended 11-13-08, 12-4-17. 61G15-33.008 Design of Grounding Systems. (1) Grounding Systems are passive systems used to establish an electrical potential reference point in an electrical system, a common return path for fault current, or a direct connection to earth for the proper dissipation of energy in case of abnormal or transient conditions. (2) Electrical Engineering Documents for grounding systems must include the following information, if applicable to the particular project: (a) Type and location of grounding electrodes. (b) Bonding requirements. (c) Testing requirements. (d) Conductor material type, size and protection requirements. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-33.008, Amended 11-13-08, 12-4-17. 61G15-33.009 Design of Instrumentation and Control Systems. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 5-19-93, Formerly 21H-33.009, Repealed 2-11-08. 61G15-33.010 Certification of Electrical Systems of Public Interest. (1) The Engineer of Record shall, when required by applicable codes or ordinances, demonstrate verification of compliance. (2) Verifications of compliance must include the following information, if applicable to the particular project: (a) Energy efficiency and conservation tabulations, statements or calculations. (b) Lighting performance criteria included in the design that show illuminated levels, intrusion, trespass, dark sky, safety or that show/preserve natural habitat tendencies. (c) Lighting, sound pressure, or other product or installation specifications that indicate conformance with community, county, or state standards, codes or ordinances. (3) Any such verification shall constitute an Engineering Certification as that term is defined in subsection 61G15-18.011(4), F.A.C., and must comply with all Responsibility Rules, including Rule 61G15-29.001, F.A.C. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-13-08, Amended 12-4-17.

Chapter 61G15-34 MECHANICAL SYSTEMS

Fla. Admin. Code R. 61G15-34 MECHANICAL SYSTEMS

CHAPTER 61G15-34 MECHANICAL SYSTEMS 61G15-34.001 General Responsibility 61G15-34.002 Definitions 61G15-34.003 Design of Heating Ventilation, Air Conditioning, and Refrigeration Systems 61G15-34.004 Design of Process and Fluid Flow Systems 61G15-34.005 Design of Heat and Energy Transfer Systems 61G15-34.006 Design of Material Transfer Systems 61G15-34.007 Design of Plumbing Systems 61G15-34.008 Design of Mechanical Machines and Motion Systems 61G15-34.009 Design of Instrumentation and Control Systems 61G15-34.010 Design of Fuel Gas Systems 61G15-34.001 General Responsibility. Mechanical Engineering Documents shall be prepared in accordance with the applicable technology and with the requirements of the authority having jurisdiction. The documents shall identify the Engineer of Record for the mechanical systems project. Mechanical Engineering documents shall demonstrate compliance with the requirements of the applicable codes and standards as defined herein. The Engineer of Record is responsible for determining the applicability of appropriate codes and standards for a given project. In the event the codes and standards fail to cover or address a specific requirement or situation, alternative research, test results, engineering data, and engineering calculations shall be utilized. New technology may be utilized when said technology has been demonstrated to provide equivalent or improved performance. Construction documents shall indicate the nature and character of mechanical work and shall describe, label and define the required mechanical systems components, processes, equipment and material and its structural utility support systems. Both the Engineer of Record for the Mechanical System and the Delegated Engineer if utilized, shall comply with the requirements of the general responsibility rules, Chapter 61G15-30, F.A.C., and with the requirements of the specific rules contained herein. The Engineer of Record for the Mechanical System(s) shall provide design requirements in writing to the delegated engineer if one is used and shall review the design documents of the delegated engineer for conformance to his written instructions in accordance with Rule 61G15-30.005, F.A.C. Any Mechanical Delegated Engineering Documents must be included in the final set of documents filed for permit. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 11-13-08. 61G15-34.002 Definitions. (1) Appliances. A device or apparatus that is manufactured and designed to utilize energy and specifically regulated by codes and standards. (2) Codes and Standards. Those nationally recognized Codes and Standards adopted directly or by reference in Florida Building Code (including Florida Energy Efficiency Code, Chapter 13) and Florida Fire Prevention Code, both of which are incorporated by reference through Rule 61G15-18.011, F.A.C. (3) Component. Any individual device to be part of a mechanical system. (4) Engineer of Record for the Mechanical Systems. The Florida Professional Engineer who is in responsible charge for the preparation, signing, dating, sealing and issuing of any engineering document(s) for mechanical systems design criteria or performs the analysis and is responsible for the preparation of the mechanical documents for the project. (5) Equipment. All piping, ducts, vents, control devices and other components of systems other than appliances which are permanently installed and integrated to perform its intended function. (6) Fuel Gas. A natural gas, manufactured gas, liquefied petroleum gas or mixtures of these gases, intended to be used as a source for thermal energy and not for motor fuel. (7) Mechanical. Any device or mechanism that operates due to the action of the material forces in nature acting on bodies or masses. (8) Mechanical Delegated Engineering Documents. Mechanical Engineering Documents prepared by a delegated engineer to whom the Engineer of Record for the Mechanical System has delegated responsibility for the design of a mechanical component or system and which are signed, sealed and dated by the delegated engineer. (9) Mechanical Engineering Documents. All mechanical drawings, specifications, reports, calculations, data and other documents utilized to establish the overall design and requirements for the construction, alteration, modernization, repair, demolition, arrangement, and/or use of the mechanical system(s) or analysis or recommendations, as prepared by the Engineer of Record for the mechanical system. Mechanical Engineering Documents shall additionally meet the requirements of Rule 61G15-30.003, F.A.C., Engineering Documents. (10) Point of Delivery. For natural gas systems, the point of delivery is the outlet of the service meter assembly or the outlet of the service pressure regulator or service shutoff valve where a meter is not provided. Where a valve is provided at the outlet of the service meter assembly, such valve shall be considered to be downstream of the point of delivery. For undiluted liquefied petroleum gas systems, the point of delivery shall be considered to be the outlet of the service pressure regulator, exclusive of line gas regulators, in the system. (11) Service Pressure Regulator. For natural gas systems, a device installed by the serving gas supplier to reduce and limit the service line pressure to delivery pressure. For undiluted liquefied petroleum gas systems, the regulator located upstream from all line gas pressure regulators, where installed, and downstream from any first stage or a high pressure regulator in the system. (12) Shop Drawings. Submittals, catalog information on standard products, or drawings prepared solely to serve as a guide for fabrication and installation and requiring no engineering input. These submittals do not require the seal of a Florida Professional Engineer. (13) System. Any assembly of components, materials, appliances, equipment, work systems, machines, products or devices which require design in accordance with mechanical engineering standards in order to perform its intended function. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 2-5-96, 11-13-08, 4-25-21, 8-29-21, 3-2-25. 61G15-34.003 Design of Heating, Ventilation, Air Conditioning, and Refrigeration Systems. (1) Heating, Ventilating, Air Conditioning and Refrigeration (HVACR) Systems include those systems that control the temperature, humidity, or indoor air quality of a particular space, building or network of buildings. Items to be considered in the design and analysis of HVACR systems are, as applicable to the particular project: peak and block load characteristics and capacities; minimum ventilation; filtration; heat or energy transfer; movement of air, water, or other fluids associated with HVACR processes; pressure drop; instrumentation and control; performance requirements; and installation requirements. (2) The HVACR System(s) shall be based on and shall reference the Florida Building Code, the Florida Fire Prevention Code, any other applicable standards (such as ASHRAE, NFPA, ASME, ANSI, IIAR, etc.); or if no other such standards are available on alternative engineering sources and good engineering practice. (3) For Mechanical Engineering Documents pertaining to HVACR systems exempted by the threshold requirements for mandatory use of professional engineering services established by Section 471.003(2)(h), F.S., the Engineer of Record shall determine the level of detail shown on plans for HVACR systems. All such plans must include a disclaimer stating the HVACR systems are exempt from professional engineering services and shall provide a clear understanding of the minimum system requirements expected to be installed by the contractor and permitted by the authority having jurisdiction (AHJ). In the event the Engineer of Record provides more information and direction than is minimally required, he or she shall be held responsible for the technical accuracy of the work in accordance with applicable codes, standards and sound engineering principles. (4) Mechanical Engineering Documents pertaining to HVACR systems that exceed the threshold requirements for mandatory use of professional engineering services must include the following information, if applicable to the particular project: (a) Demonstrate and provide adequate information for the AHJ to determine compliance with codes and ordinances. These may include test methods and results; or data and tabulations that are results of the design. (b) Equipment selection schedule for each piece of mechanical equipment. All equipment must include the following information, if applicable to the particular equipment:

1. Equipment efficiencies.
2. Electrical requirements based on voltage and phase.
3. Fuel requirements.
4. Static pressure and fan air quantities.
5. Fluid flow and pressure head quantities.
6. Heat transfer capacities.
7. Cooling coil requirements based on sensible heat, latent heat, and total heat gains.
8. Filtration requirements.
9. Motor sizes and quantities to demonstrate compliance with the Florida Building Code, Energy Conservation. (c) Floor plans; site plans; and building and mechanical system sections or elevations as appropriate to provide the minimum system requirements expected to be installed by the contractor. (d) Ventilation requirements based on natural or mechanical means, as necessary for demonstrating compliance with the Florida Building Code, Mechanical. (e) Energy recovery requirements. (f) Outside and inside design conditions for cooling, heating, dehumidification, evaporation, and humidification processes, as applicable.
10. Processes affecting sensible heat only may specify outside dry bulb temperature only.
11. Processes affecting latent heat only may specify outside humidity ratio only.
12. Processes affecting total heat must specify outside dry bulb temperature and at least one other coincidental psychrometric state point.
13. Inside design conditions must include dry bulb temperature and either wet bulb temperature or relative humidity for cooling and heating conditions, as applicable. Where inside design conditions are setback based on occupancy, both occupied and unoccupied design conditions must be listed. (g) Duct riser diagrams when ductwork travels vertically more than three stories. (h) Process schematic flow diagrams with pipe sizes and fluid flow quantities. (i) Condensation discharge piping layout with pipe sizes. (j) Instrumentation and Control System requirements, unless included on either Electrical or on Instrumentation and Control plans to ensure intentional operation of the system. (k) Unless included on plumbing system plans, design for fuel gas system, including piping layout and sizes; isometric or riser diagram with pipe sizes; and fuel gas capacity and pressure for each pipe section. (l) Ductwork layout and sizing; insulation requirements; supply, return, and exhaust inlet and outlet sizes; and outside air intake sizes. Air quantities shall be specified for inlets and outlets. (m) Piping layout and sizing; and insulation requirements. (n) Materials for all HVACR systems shall be specified. (o) All data needed to complete the calculations for compliance with Florida Building Code, Energy Conservation as applicable. (p) Identify and locate required fire protection devices, such as fire dampers, smoke dampers, and smoke detectors. (q) A list, description, or details of through-penetration firestop systems as applicable. (r) Building pressurization criteria as applicable.
14. Overall building net pressurization consisting of an air balance summary of outside (fresh) ventilation air quantities versus exhaust air quantities. For existing facilities where only a portion of the building is being renovated, the air balance summary must include all affected areas, which may not require an air balance summary for the entire building.
15. In spaces with critical pressurization requirements, such as in health care facilities, pharmaceutical facilities, and laboratories, a pressurization summary or diagram depicting pressure relationship with adjacent spaces. Supply, return, exhaust, and make-up air quantities, overall room pressurization, and make-up (transfer) air pathways shall be specified. For spaces with varying conditions, the pressurization summary shall include scenarios at both maximum and minimum design conditions. (s) Systems commissioning requirements for demonstrating compliance with the Florida Building Code, Energy Conservation. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 11-13-08, 4-25-21, 11-24-21, 8-4-22, 3-2-25, Technical Change 3-20-26. 61G15-34.004 Design of Process and Fluid Flow Systems. (1) Process and Fluid Flow Systems include those systems that move fluids either by pumps, fans, or gravity as part of an industrial, commercial, or cogeneration process. Items to be included in the design and analysis of these systems are, as applicable to the particular project: load characteristics and capacities; process type; fluid type and characteristics; distribution of fluids; pressure drop; instrumentation and control; performance requirements; and installation requirements. (2) The Process and Fluid Flow System(s) shall be based on and shall reference the Florida Fire Prevention Code, any other applicable standards (such as ASHRAE, NFPA, ASME, ASSE, ANSI, etc.); the Florida Building Code (where applicable); or if no other such standards are available on alternative engineering sources and good engineering practice. (3) Mechanical Engineering Documents pertaining to Process and Fluid Flow Systems must include the following information, if applicable to the particular project: (a) Demonstrate and provide adequate information for the AHJ to determine compliance with codes and ordinances. These may include test methods and results; or data and tabulations that are results of the design. (b) Equipment selection schedule for each piece of mechanical equipment. All equipment must include the following information, if applicable to the particular equipment:
16. Equipment efficiencies.
17. Electrical requirements based on voltage and phase.
18. Fuel requirements.
19. Motor sizes and quantities.
20. Fluid flow and pressure head quantities.
21. Tank capacities for storage. (c) Floor plans; site plans; and building and mechanical system sections or elevations as appropriate to provide the minimum system requirements expected to be installed by the contractor. (d) Process schematic flow diagrams with pipe sizes and fluid flow quantities. (e) System piping or ductwork layout, sizing, and insulation requirements. (f) Specific system design requirements to allow for independent project review. (g) Instrumentation and Control Systems requirements, unless included on either Electrical or on Instrumentation and Control plans, to ensure intentional operation of the system. (h) Required fire protection systems and devices. (i) Materials for all Process and Fluid Flow Systems shall be specified. (j) All data needed to complete the calculations for compliance with Florida Building Code, Energy Conservation as applicable, unless the process or environment justifies an exemption by engineering design. (k) A list, description, or details of through-penetration firestop systems as applicable. (l) System commissioning requirements for demonstrating compliance with the Florida Building Code, Energy Conservation. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 4-25-21, 11-24-21, 11-26-25. 61G15-34.005 Design of Heat and Energy Transfer Systems. (1) Heat and Energy Transfer Systems include those systems that transfer heat or energy from one fluid to another, as part of an industrial, commercial, or cogeneration process. Items to be included in the design and analysis of these systems are, as applicable to the particular project: load characteristics and capacities; process type; fluid type and characteristics; distribution of fluids; pressure drop; instrumentation and control; performance requirements; and installation requirements. (2) The Heat and Energy Transfer System(s) shall be based on and shall reference the Florida Fire Prevention Code, any other applicable standards (such as ASHRAE, NFPA, ASME, ASSE, ANSI etc.), the Florida Building Code (where applicable); or if no other such standards are available on alternative engineering sources and good engineering practice. (3) Mechanical Engineering Documents pertaining to Heat and Energy Transfer Systems must include the following information, if applicable to the particular project: (a) Demonstrate and provide adequate information for the AHJ to determine compliance with codes and ordinances. These may include test methods and results or data and tabulations that are results of the design. (b) Equipment schedule for each piece of mechanical equipment including, not limited to, pumps, fans, apparatuses, heat exchangers, or tanks. All equipment must include the following information, if applicable to the particular equipment.
22. Equipment efficiencies.
23. Electrical requirements based on voltage and phase.
24. Fuel requirements.
25. Heat transfer capacities.
26. Motor sizes and quantities.
27. Fluid flow and pressure head quantities.
28. Tank capacities for storage. (c) Floor plans; site plans; and building and mechanical system sections or elevations as appropriate to provide the minimum system requirements expected to be installed by the contractor. (d) Process schematic flow diagrams with pipe sizes and fluid flow quantities. (e) System piping or ductwork layout, sizing, and insulation requirements. (f) Specific system design requirements to allow independent project review. (g) Instrumentation and Control System requirements, unless included on either Electrical or on Instrumentation and Control plans to ensure intentional operation of the system. (h) Required fire protection systems and devices. (i) Materials for all Heat and Energy Transfer Systems shall be specified. (j) All data needed to complete the calculations for compliance with Florida Building Code, Energy Conservation as applicable. (k) A list, description, or details of through-penetration firestop systems as applicable. (l) System commissioning requirements for demonstrating compliance with the Florida Building Code, Energy Conservation. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 4-25-21, 3-2-25. 61G15-34.006 Design of Material Transfer Systems. (1) Material Transfer Systems are those systems that are designed to move materials or humans from one place to another as a part of an industrial or commercial process. Items to be included in the design and analysis of these systems are, as applicable to the particular project: load characteristics and capacities; material type and characteristics; elevator and conveyor types; ventilation requirements; instrumentation and control; performance requirements; and installation requirements. (2) The Material Transfer System(s) shall be based on and shall reference the Florida Fire Prevention Code, any other applicable standards (such as ASHRAE, NFPA, ASME, ASSE, ANSI, etc.), the Florida Building Code (where applicable); or if no other such standards are available on alternative engineering sources and good engineering practice. (3) Mechanical Engineering Documents pertaining to Material Transfer Systems must include the following information, if applicable to the particular project: (a) Demonstrate and provide adequate information for the AHJ to determine compliance with codes and ordinances. These may include test methods and results or data and tabulations that are results of the design. (b) Equipment selection schedule for each piece of mechanical equipment. All equipment must include the following information, if applicable to the particular equipment.
29. Elevator, conveyor, or vacuum type of conveyance system.
30. Electrical requirements based on voltage and phase.
31. Hydraulic requirements.
32. Motor sizes and quantities.
33. Material type, weight, and flow quantities. (c) Floor plans; site plans; and building and mechanical system sections or elevations as appropriate to provide the minimum system requirements expected to be installed by the contractor. (d) Process schematic flow diagrams with pipe sizes and fluid flow quantities. (e) System conveyor and/or elevator layout. (f) System piping or ductwork layout, sizing, and insulation requirements. (g) Specific system design requirements to allow for independent project review. (h) Instrumentation and Control System requirements, unless included on either Electrical or on Instrumentation and Control plans to ensure intentional operation of the system. (i) Required fire protection systems and devices. (j) Materials for all Material Transfer Systems shall be specified. (k) A list, description, or details of through-penetration firestop systems as applicable. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 4-25-21, 3-2-25. 61G15-34.007 Design of Plumbing Systems. (1) Plumbing Systems are those systems within or adjacent to a building that convey fluids and gases in connection with sanitary drainage, storm drainage, specialty drainage, venting, water supply, water heating, vacuum, and compressed gases for medical and non-medical applications. Items to be considered in the design and analysis of plumbing systems are, as applicable to the particular project: load characteristics and capacities; distribution of fluids; pressure drop; instrumentation and control; performance requirements; and installation requirements. (2) The Plumbing System(s) shall be based on and shall reference the Florida Building Code, the Florida Fire Prevention Code, applicable standards (such as ASHRAE, ASME, ASPE, ASSE, ANSI, NFPA, etc.); or on if no other such standards are available alternative engineering sources and good engineering practice. (3) For Mechanical Engineering Documents pertaining to Plumbing Systems exempted by the threshold requirements for mandatory use of professional engineering services established by Section 471.003(2)(h), F.S., the Engineer of Record shall determine the level of detail shown on plans for a plumbing system. All such plans shall include a disclaimer stating the Plumbing systems are exempt from professional engineering services and shall provide a clear understanding of the minimum system requirements expected to be installed by the contractor and permitted by the authority having jurisdiction (AHJ). In the event the Engineer of Record provides more information and direction than its minimally required, he or she shall be held responsible for the technical accuracy of the work in accordance with applicable codes, standards, and sound engineering principles. (4) Mechanical Engineering Documents pertaining to Plumbing Systems that exceed the threshold requirements for mandatory use of professional engineers services must include the following information, if applicable to the particular project: (a) Demonstrate and provide adequate information for the AHJ to determine compliance with codes and ordinances. These may include test methods and results or data and tabulations that are results of the design. (b) Equipment selection schedules for each piece of plumbing equipment. All equipment must include the following information, if applicable to the particular equipment:
34. Equipment efficiencies.
35. Electrical requirements based on voltage and phase.
36. Fuel requirements.
37. Fixture flow or flushing rates.
38. Fluid flow and pressure head quantities.
39. Heat transfer capacities.
40. Motor sizes and quantities.
41. Tank capacities for storage, expansion, or compression.
42. Interceptor and separator capacities. (c) Floor plans, site plans, and building and plumbing system sections or elevations as appropriate to provide the minimum system requirements expected to be installed by the contractor. (d) Isometric or riser diagram with pipe sizes as follows:
43. Potable water.
44. Sanitary and vent.
45. Storm water.
46. Other fluids and gases. (e) Piping layouts and sizing; and insulation requirements. (f) Total or cumulative plumbing capacities as follows, either listed on the isometric or riser diagrams or in table form on the plans.
47. Total water supply fixture units and coincidental flow rate in gallons per minute.
48. Total drainage fixture units.
49. Cumulative area in square feet and coincidental flow rate in gallons per minute for each roof drain or storm drain. Total flow rate in gallons per minute for each storm water conductor discharging from the building. (g) Design data for septic tank drain field sizing, when applicable. (h) Portable water system design for minimizing bacteria growth (Legionella), based on heat, chemicals, or other means. (i) Domestic hot water system design to prevent scalding, when applicable. Designs shall include, but not be limited to:
50. Design temperatures.
51. Temperature monitoring points necessary to confirm temperatures throughout the system.
52. Mixing valves or temperature-limiting devices. (j) Design shall be in accordance with requirements for accessibility by individuals with disabilities adopted by the authority having jurisdiction. (k) Unless included on HVAC system plans, design for fuel gas system, including piping layout and sizes; isometric or riser diagram with pipe sizes; and fuel gas capacity and pressure for each pipe section. (l) Instrumentation and Control requirements, unless included on either Electrical or on Instrumentation and Control. (m) Identify and locate plumbing fixtures, valves, pumps, tanks, accessories, specialties, enclosures, and such equipment. (n) Materials for all plumbing systems shall be specified. (o) All data needed to complete the calculations for compliance with Florida Building Code, Energy Conservation as applicable. (p) A list, description, or details of through-penetration firestop systems as applicable. (q) System commissioning requirements for demonstrating compliance with the Florida Building Code, Energy Conservation. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 11-13-08, 4-25-21, 11-24-21, 3-2-25. 61G15-34.008 Design of Mechanical Machines and Motion Systems. (1) Mechanical Machines and Motion Systems include any and all mechanical systems, devices, machines and equipment used by the public for conveyance, amusement, transportation, or facilitation of any process. These systems include elevators, escalators, moveable walkways, amusement park rides, etc. Items to be included in the design and analysis of these systems are, as applicable to the particular project: load characteristics and capacities; accessibility requirements for persons with disabilities; system type and characteristics; instrumentation and control; operating dynamics requirements; structural requirements; and installation requirements. (2) The Mechanical Machines and Motion System(s) shall be based on and shall reference the Florida Building Code, the Florida Fire Prevention Code, any other applicable standards (such as ASHRAE, NFPA, ASME, ANSI, etc.); or if no other such standards are available on alternative engineering sources and good engineering practice. (3) Mechanical Engineering Documents pertinent to Mechanical Machines and Motion Systems must include the following information, if applicable to the particular project: (a) Demonstrate and provide adequate information for the AHJ to determine compliance with codes and ordinances. These may include test methods and results or data and tabulations that are results of the design. (b) Equipment schedule for each piece of mechanical equipment. All equipment must include the following information:
53. Elevator or conveyor type.
54. Electrical requirements based on voltage and phase.
55. Hydraulic requirements.
56. Motor sizes and quantities.
57. Gear and drive sizes.
58. System weight loading requirements. (c) Floor plans; site plans; and building and mechanical system sections or elevations as appropriate to provide the minimum system requirements expected to be installed by the contractor. (d) System schematic diagrams with sizes and fluid flow quantities. (e) System piping or ductwork layout, sizing, and insulation. (f) Specific system design requirements to allow for independent project review. (g) Instrumentation and Control System requirements, unless included on either Electrical or on Instrumentation and Control plans to ensure intentional operation of the system. (h) Required fire protection systems and devices. (i) Materials for all Mechanical Machines and Motion Systems shall be specified. (j) A list, description, or details of through-penetration firestop systems as applicable. (k) Coordination with life safety means of egress requirements in NFPA 101. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 4-25-21, 3-2-25. 61G15-34.009 Design of Instrumentation and Control Systems. (1) Instrumentation and Control Systems are used to automate processes; control and monitor HVAC, plumbing, or electrical systems; and monitor fire protection systems where applicable. Items to be included in the design of control systems are reliability of control of critical processes; design parameters of systems being controlled; safety of personnel; suitability of instruments and control devices in the environment in which they are to be installed; performance requirements; and installation requirements. (2) The Instrumentation and Control System(s) shall be based on and shall reference the Florida Building Code, the Florida Fire Prevention Code, and another applicable standards (such as ASHRAE, NFPA, ASME, ASPE, ANSI, etc.); or if no other such standards are available on alternative engineering sources and good engineering practice. (3) Mechanical Engineering Documents pertaining to Instrumentation and Controls Systems must include the following information, if applicable to the particular project. (a) Demonstrate and provide adequate information for the AHJ to determine compliance with codes and ordinances. These may include test methods and results or data and tabulations that are results of the design. (b) A description of the control systems functions, sequence of operation, or a functional diagram for each system to be controlled in order to provide the minimum functional requirements and as necessary for demonstrating compliance with the Florida Building Code, Energy Conservation. (c) Materials for all instrumentation and control systems shall be specified. (d) Floor plans, site plans, and building sections or elevations as appropriate showing the location of major control components. (e) Location of all instrumentation and control components shall be identified. (f) System network architecture riser diagram for instrumentation and control systems. (g) Control and Process System Diagrams. (h) Electrical requirements including conductors and cables (may be on electrical drawings). (i) All data needed to complete the calculations for compliance with Florida Building Code, Energy Conservation as applicable. (j) A list, description, or details of through-penetration firestop systems as applicable. (k) System commissioning requirements for demonstrating compliance with the Florida Building Code, Energy Conservation. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 11-16-94, Amended 4-25-21, 3-2-25. 61G15-34.010 Design of Fuel Gas Systems. (1) Fuel Gas Systems include those systems that convey or utilize gaseous fuels as a source of potential energy as part of an energy transfer process, applying from the point of delivery up to and including the appliances and related accessories. Items to be considered in the design and analysis of fuel gas systems are, as applicable to the particular project: load characteristics and capacities; distribution of gases; pressure drop; instrumentation and control; performance requirements; and installation requirements. (2) The Fuel Gas System(s) shall be based on and shall reference the Florida Building Code, the Florida Fire Prevention Code, any other applicable standards (such as NFPA, ASME, ANSI, etc.); or if no other such standards are available on alternative engineering sources and good engineering practice. (3) Mechanical Engineering Documents pertaining to Fuel Gas Systems must include the following information, if applicable to the particular project: (a) Demonstrate and provide adequate information for the AHJ to determine compliance with codes and ordinances. These may include test methods and results or data and tabulations that are results of the design. (b) Equipment selection schedule for each piece of fuel gas equipment. All equipment must include the following information, if applicable to the particular equipment:
59. Equipment efficiencies.
60. Electrical requirements based on voltage and phase.
61. Fuel requirements.
62. Motor sizes and quantities.
63. Fluid flow and pressure head quantities.
64. Tank capacities for storage. (c) Floor plans; site plans; and building and mechanical system sections or elevations as appropriate to provide the minimum system requirements expected to be installed by the contractor. (d) The Point of Delivery for the fuel gas system. (e) Isometric or riser diagrams with sizes as follows:
65. Fuel gas piping.
66. Venting systems. (f) Piping layouts and sizing. (g) Total or cumulative fuel gas capacities and pressure for each pipe section either listed on the isometric or riser diagrams or in table form on the plans. (h) Venting layout and sizing, based on natural, induced, or mechanical means, as necessary for demonstrating compliance with the Florida Building Code, Fuel Gas. (i) Design data for fuel tank sizing, when applicable. (j) Instrumentation and Control requirements, unless included on either Electrical or on Instrumentation and Control plans. (k) Identify and locate all fuel gas valves, pumps, tanks, accessories, specialties, enclosures, and such equipment. (l) Materials for all fuel gas systems shall be specified. (m) A list, description, or details of through-penetration firestop systems as applicable. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.033 FS. History–New 4-25-21, Amended 3-2-25.

Chapter 61G15-35 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS PROVIDING THRESHOLD BUILDING INSPECTION

Fla. Admin. Code R. 61G15-35 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS PROVIDING THRESHOLD BUILDING INSPECTION

CHAPTER 61G15-35 RESPONSIBILITY RULES OF PROFESSIONAL ENGINEERS PROVIDING THRESHOLD BUILDING INSPECTION 61G15-35.001 General Responsibility (Repealed) 61G15-35.002 Definitions (Repealed) 61G15-35.0021 Definitions 61G15-35.003 Qualification Program for Special Inspectors of Threshold Buildings and Special Inspectors of Threshold Buildings (Limited) 61G15-35.004 Common Requirements to All Engineers Providing Threshold Building Inspection Services as Special Inspectors 61G15-35.001 General Responsibility. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.015(7), 471.033, 471.045 FS. History–New 3-21-01, Amended 9-26-05, Repealed 2-13-12. 61G15-35.002 Definitions. Rulemaking Authority 471.008, 471.033(2) FS. Law Implemented 471.015(7), 471.033 FS. History–New 3-21-01, Repealed 2-13-12. 61G15-35.0021 Definitions. As used hereinafter in this chapter, the following words or phrases shall be defined as follows. The Board does not intend for these definitions to apply to any similar wording, term, role, or description outside of Chapter 471 or 553, F.S. or the Florida Building Code Section 110.8 Threshold Building; or as such term may be used by a local Authority Having Jurisdiction in local regulations, codes, or ordinances. (1) “Special Inspectors of Threshold buildings,” also referred to as “Threshold Inspectors,” “Special Inspectors,” or “S.I.s” are defined by Section 553.71(9), F.S., Threshold Inspectors can perform inspections on all threshold buildings or perform any other services authorized by Section 553.79(5)(a), F.S. Florida Building Code section 110.8 provides additional requirements to the enforcing agency, Special Inspector, and fee owner. (2) “Special Inspectors of Threshold buildings (Limited)”, also referred to as “Threshold Inspectors (Limited),” can only perform inspections on Threshold Buildings with Repair (without Substantial Structural Damage), Alterations 1, Alterations 2, and Alterations 3 (without Substantial Structural Alterations) of threshold buildings. Special Inspectors (Limited) are not permitted to do inspections on new construction or threshold buildings with Repairs with Substantial Structural Damage or Alterations 3 with Substantial Structural Alteration. The terms Repairs, Alteration 1, Alteration 2, Alteration 3, Substantial Structural Damage, and Substantial Structural Alteration are as defined in the Florida Building Code, Existing Buildings. (3) “Threshold Building” is as defined by the Florida Building Code, Section 110.08 and in Section 553.71(12), F.S. (4) “Private Provider” is as defined in Section 553.791(1)(n), F.S. Private Providers carry out duties as authorized by Section 553.791, F.S. As set forth in Chapter 553, F.S., although the roles and duties of Special Inspectors and Private Providers may appear to be similar or overlap, they are not synonymous and as specified in that chapter, are not interchangeable. (5) Inspections requested by local Authority Having Jurisdiction in local regulations, codes, or ordinances for non-threshold buildings are not part of this chapter. (6) “All Structural Components” shall mean each structural element necessary to the complete load path of the structure. Rulemaking Authority 471.008, 471.015 FS. Law Implemented 471.015, 553.79 FS. History–New 3-28-21, Amended 4-5-22, 5-20-24, Technical Change 3-20-26, Amended 6-15-26. 61G15-35.003 Qualification Program for Special Inspectors of Threshold Buildings and Special Inspectors of Threshold Buildings (Limited). (1) Special Inspectors of Threshold Buildings: The minimum qualifying criteria for Special Inspectors of Threshold Buildings, also referred to as Threshold Inspectors, established by the Board shall be as follows: (a) Proof of current licensure in good standing as a licensed professional engineer in the State of Florida whose principal practice is structural engineering or whose principal practice is in performing structural field inspections on Threshold Buildings. (b) Licensed professional engineers whose principal practice is structural engineering shall also have three (3) years of experience in performing structural field inspections on all structural components involved in the new construction of Threshold Buildings or equivalent pursuant to a threshold/special inspection plan relevant to the work performed and two (2) years of experience in the structural design of all structural components of new threshold buildings. For the purpose of these criteria, structural design and/or inspection shall mean the design and/or inspection of all structural components of the building under construction and shall not be limited to specific structural components only, such as foundations, prestressed or post-tensioned concrete, etc. (c) Licensed professional engineers whose principal practice is structural field inspections shall have five (5) years of experience in performing structural field inspections on the new construction of Threshold Buildings or equivalent pursuant to a threshold/special inspection plan relevant to the work performed and possess each of the certifications identified in paragraph 61G15-35.004(2)(f), F.A.C., at the time of application. In addition, the threshold/special inspection plan must be prepared by the Engineer of Record for the project. (d) Design and/or inspection experience of restoration, repair or alteration of existing buildings is not creditable towards the design and inspection experience required for SI Certification. (2) Special Inspectors of Threshold Buildings Limited. (a) To implement Section 553.79, F.S., the Board hereby establishes the certification of Special Inspectors of Threshold Buildings (Limited), also referred to as “Special Inspectors (Limited)” or “S.I. (Limited).” Any licensee holding this certification may serve as the Special Inspector/Threshold Building Inspector for any project involving the Repair (without Substantial Structural Damage), Alterations 1, Alterations 2, and Alterations 3 (without Substantial Structural Alterations) of an existing Threshold Building. A licensee holding this certification may not serve as the Special Inspector/Threshold Building Inspector for new construction or existing Threshold Buildings with Repairs with Substantial Structural Damage or Alterations 3 with Substantial Structural Alteration. The terms “Repairs,” “Alteration 1,” “Alteration 2,” “Alteration 3,” “Substantial Structural Damage,” and “Substantial Structural Alteration” are as defined in the Florida Building Code ‒ Existing Buildings. Licensees who wish to serve as Special Inspectors for new construction, or existing Threshold Buildings with Repairs with Substantial Structural Damage or Alterations 3 with Substantial Structural Alteration must be certified pursuant to subsection (1) above. (b) The minimum qualifying criteria for Threshold Inspectors (Limited) are established by the Board to be as follows:

1. Proof of current licensure in good standing as a licensed professional engineer in the State of Florida whose principal practice is structural engineering.
2. Three (3) years of experience in performing structural field inspections on Threshold Buildings, components thereof, or equivalent pursuant to a threshold/special inspection plan relevant to the work performed and two (2) years of experience in the structural design of repairs to components of threshold buildings. For the purpose of these criteria, examples of structural components include, but are not limited to, prestressed or post-tensioned concrete, balconies, exterior walls, etc. 3.a. Licensed professional engineers whose principal practice is structural field inspections shall have five (5) years of experience in performing structural field inspections on Threshold Buildings or equivalent pursuant to a threshold/special inspection plan relevant to the work performed; and b. The applicant must possess each of the certifications identified in paragraph 61G15-35.004(2)(f), F.A.C., at the time of application. (3) Applications For Special Inspector of Threshold Buildings. (a) The instructions and application form for Special Inspector, Form FBPE/006 (12/21) is hereby incorporated by reference, “Application for Special Inspector Certification.” Copies of Form FBPE/006 may be obtained from the Board office or by downloading it from the internet website www.fbpe.org/licensure/application-process or at https://www.flrules.org/Gateway/reference.asp?No=Ref-14137. (b) All applications for certification as a Special Inspector shall be submitted to the Board on Form FBPE/006. (c) Applications shall contain the following basic information pertaining to the applicant:
3. Name,
4. Florida license number,
5. A list of new construction projects submitted for experience credit. a. Project descriptions. For each project identified, the following shall be clearly listed: (I) The beginning and ending experience dates, (II) The time spent on design or inspection work, expressed as a percentage of the applicant’s total work time; and, (III) A description of work performed sufficient to clearly demonstrate that the minimum qualification criteria has been met, including the components designed or inspected and details of the threshold/special inspection plan. (IV) Whether the experience is claimed to be new construction or restoration/repair/alteration of existing threshold buildings. b. Credible experience. The Board will only grant experience for work on new construction projects identified pursuant to sub-subparagraph (2)(c)3.a. For projects with overlapping time periods, the total amount of time claimed for all projects, including design and/or inspection activities, cannot exceed one hundred percent (100%) of the applicant’s time during the period claimed. Experience is based on a forty (40) hour per week full time employment in engineering basis. No additional experience credit is allowed for overtime work in excess of 40 hours, nor is experience credit allowed during periods when the applicant was not employed full time in the practice of engineering (for example, construction management unrelated to design or inspection of the project). c. All experience claimed must be verified. For structural design work, experience must be verified by the Engineer of Record. If the applicant is the Engineer of Record for the project, the applicant’s work must be verified by another professional engineer knowledgeable about the applicant’s structural design work on the project, such as a colleague, supervisor, team member, etc. Field inspection experience must be verified by the Special Inspector for the project.
6. Letters of recommendation from three registered professional engineers whose principal practice is structural engineering in the State of Florida, one of whom must be certified as a Special Inspector,
7. The signature, date and seal by the applicant attesting to the competency of the applicant to perform structural inspections on threshold buildings; and,
8. Completed form FBPE/006. (d) Upon a determination that the application contains all of the information requested by these rules, review of the application shall be scheduled for consideration by the Board. Such applications may be approved, rejected or deferred for further information by the Board. If the Board defers an application for additional information, it shall notify the applicant of the information needed. Applicants shall be notified in writing of the Board’s actions as soon as practicable and, in the case of rejected applications, the Board shall set forth the reasons for such rejection. (4) Application for Special Inspectors of Threshold Buildings (Limited). (a) The instructions and application form for Special Inspectors of Threshold Buildings (Limited), Form FBPE/011 (12/21) is hereby incorporated by reference, “Application for Special Inspector of Threshold Building (Limited) Certification.” Copies of Form FBPE/011 may be obtained from the Board office or by downloading it from the internet website www.fbpe.org/licensure/application-process or at https://www.flrules.org/Gateway/reference.asp?No=Ref-14136. (b) All applications for certification as a Special Inspector of Threshold Buildings (Limited) shall be submitted to the Board on Form FBPE/011. (c) Applications shall contain the following basic information pertaining to the applicant:
9. Name,
10. Florida license number,
11. A list of projects submitted for experience credit. a. Project descriptions. For each project identified, the following shall be clearly listed: (I) The beginning and ending experience dates, (II) The time spent on design or inspection work, expressed as a percentage of the applicant’s total work time; and, (III) A description of work performed sufficient to clearly demonstrate that the minimum qualification criteria have been met, including the components designed or inspected and details of the threshold/special inspection plan. (IV) Whether the experience is claimed to be new construction or restoration/repair/alteration of existing threshold buildings. b. Creditable experience. The Board will only grant experience for work on projects identified pursuant to sub-subparagraph (4)(c)3.a. For projects with overlapping time periods, the total amount of time claimed for all projects, including design and/or inspection activities, cannot exceed one hundred percent (100%) of the applicant’s time during the period claimed. Experience is based on a forty (40) hour per week full time employment in engineering basis. No additional experience credit is allowed for overtime work in excess of 40 hours, nor is experience credit allowed during periods when the applicant was not employed full time in the practice of engineering (for example, construction management). c. All experience claimed must be verified. For design work, experience must be verified by the Engineer of Record. If the applicant is the Engineer of Record for the project, the applicant’s work must be verified by another professional engineer knowledgeable about the applicant’s design work on the project, such as a colleague, supervisor, team member, etc. Field inspection experience must be verified by the Special Inspector of Threshold Buildings for the project.
12. Letters of recommendation from three registered professional engineers whose principal practice is structural engineering or restoration/repair work on Threshold Buildings in the State of Florida, one of whom must be certified as a Special Inspector of Threshold Buildings.
13. The signature, date and seal by the applicant attesting to the competency of the applicant to perform inspections on components of threshold buildings; and,
14. Completed form FBPE/011. (d) Upon a determination that the application contains all of the information requested by these rules, review of the application shall be scheduled for consideration by the Board. Such applications may be approved, rejected or deferred for further information by the Board. If the Board defers an application for additional information, it shall notify the applicant of the information needed. Applicants shall be notified in writing of the Board’s actions as soon as practicable and, in the case of rejected applications, the Board shall set forth the reasons for such rejection. (5) Roster of Special Inspectors of Threshold Buildings. The Board shall maintain a roster of all persons certified as Special Inspectors of Threshold Buildings or Special Inspectors of Threshold Buildings (Limited) pursuant to the criteria established in these rules and the law. The roster shall be made available to interested parties upon request. The roster shall be updated on a continuing basis and additions or deletions to the latest published roster may be verified by contacting the Board office. As specified by Section 553.791, and Chapter 471 F.S., licensees serving as private providers need not be listed on the Board’s roster of either SIs or SIs (Limited). (6) Any Florida Professional Engineer certified as a Special Inspector of Threshold Buildings (Limited) may apply at any time for certification as a Special Inspector of Threshold Buildings, by following the provisions outlined in subsection (3), above. If the applicant is so certified, the Board shall cancel the Special Inspector of Threshold Buildings (Limited) certification and update the roster to reflect the applicant is certified as a Special Inspector of Threshold Buildings. (7) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 471.008, 471.015(7) FS. Law Implemented 471.015(7), 553.79(5)(a) FS. History–New 4-19-01, Amended 7-7-02, 4-5-04, 11-29-04, 2-4-13, 2-28-16, 6-6-16, 6-26-17, 4-8-18, 12-27-18, 5-31-20, 4-14-21, 4-5-22, 5-20-24. 61G15-35.004 Common Requirements to All Engineers Providing Threshold Building Inspection Services as Special Inspectors. (1) For each Threshold Building, a notice shall be filed for public record, bearing the name, address, signature, date and seal of the Special Inspector, certifying that the Special Inspector is competent to provide the engineering services for the specific type of structure. (2) Special Inspectors utilizing Authorized Representatives shall ensure the Authorized Representative is qualified by education, licensure, or training to perform the duties assigned by the Special Inspector. Effective January 1, 2017, those qualifications shall include: (a) Licensure as a professional engineer or architect, or (b) Graduation from a four-year engineering education program in civil, structural or architectural engineering, or (c) Possession of a professional Architecture degree, or (d) Registration as a building inspector or general contractor, or (e) Four years of Threshold Building inspection training on non-Threshold Buildings performed under the supervision of a Special Inspector who was in responsible charge of the trainee’s work, or (f) Possess certification(s) in the following area(s);
15. If inspecting concrete components, certification from the American Concrete Institute (ACI) in concrete construction special inspection pursuant to the qualifications of such certification established by ACI on January 1, 2017,
16. If inspecting masonry components, certification from the International Code Council (ICC) in structural masonry special inspection pursuant to the qualifications for such certification established by ICC on January 1, 2017,
17. If inspecting post-tensioned components, certification from the Post-Tensioning Institute (PTI) in post-tensioning inspection pursuant to the qualifications for such certification established by PTI on January 1, 2017,
18. If inspecting structural steel components, certification from the International Code Council or American Institute of Steel Construction (AISC) instructural steel special inspection pursuant to the qualifications for such certification established by ICC on January 1, 2017 or AISC on January 1, 2017,
19. If inspecting soil related components, certification from the International Code Council in basic soil special inspection pursuant to the qualifications for such certification established by ICC on January 1, 2017. (3) Special Inspectors shall be in responsible charge of the work of the Authorized Representative, including reviewing reports and spot checks. (4) Special Inspectors shall institute quality assurance procedures to include but not be limited to requiring unscheduled visits, utilization or relevant check lists, use of a Daily Inspection Report and insuring that the Special Inspector or the Authorized Representative is at the project whenever so required by the inspection plan. Rulemaking Authority 471.008, 471.015(7) FS. Law Implemented 471.015(7) FS. History–New 3-21-01, Amended 4-5-04, 5-6-09, 2-4-13, 12-23-15, 10-18-17.

Chapter 61G15-36 PRODUCT EVALUATION

Fla. Admin. Code R. 61G15-36 PRODUCT EVALUATION

CHAPTER 61G15-36 PRODUCT EVALUATION 61G15-36.001 General Responsibility 61G15-36.002 Definitions 61G15-36.003 Common Requirements to all Product Evaluation Documents 61G15-36.001 General Responsibility. Product evaluation documents define procedures, materials, devices, fabrication, and methods of construction and installation of a product or standardized group of products. The product(s) that are the subject of the product evaluation will comply with the building codes listed in the documents when used in accordance with the product evaluation documents. The evaluation shall be based upon an engineering analysis of the assembly or system consisting of tested, listed, or approved components. The engineer of record and delegated engineer, if utilized, shall comply with the requirements of the general responsibility rules and the requirements of the more specific structural responsibility rules. Specific Authority 471.008, 471.033(2) FS. Law Implemented 553.842(6), 471.033 FS. History–New 11-15-01.

61G15-36.002 Definitions. (1) Product. A manufactured product or system required to be approved and certified as, for the purpose intended, at least equivalent of that required by the standards specified by the Florida Building Code or by a local authority having jurisdiction. (2) Product Evaluation Documents. Engineering documents that define procedures, materials, devices, fabrication, and methods of construction and installation of a product, or standardized group of products, through product evaluation or rational analysis, with the objective of obtaining approval from the authority having jurisdiction of that product for installation. Product evaluation documents shall be generic and do not include documents prepared for a site specific project. (3) Contractor. The Florida licensed contractor who pulls the permit for construction of a project into which the product is to be incorporated. The contractor is responsible for the selection, purchase and installation of the product. Specific Authority 471.008, 471.033(2) FS. Law Implemented 553.842(6), 471.033 FS. History–New 11-15-01.

61G15-36.003 Common Requirements to all Product Evaluation Documents. (1) The product evaluation for various sizes and design capacities shall be specific for each size and design capacity listed. (2) The documents shall include engineering data presented in a manner that facilitates the application of the product at the project site. The documents shall be annotated to the effect that alterations or additions to the document are not permitted. (3) The documents shall state under which conditions the product evaluation is suitable to be applied by the Contractor, or under which conditions the product evaluation is only for use by a licensed engineer or architect acting as a Delegated Engineer. The requirements for submission of delegated engineering documents found in subsection 61G15-30.005(2), F.A.C., may be waived at the option of the engineer who prepares the product evaluation documents. (4) The documents shall comply with Chapter 61G15-23, F.A.C., regarding seals, and shall bear the original seal, signature and date, or shall meet the procedure for signing and sealing electronically transmitted plans, specifications, reports or other documents. Specific Authority 471.008, 471.033(2) FS. Law Implemented 553.842(6), 471.033 FS. History–New 11-15-01.

Chapter 61G15-37 FLORIDA ENGINEERS MANAGEMENT CORPORATION

Fla. Admin. Code R. 61G15-37 FLORIDA ENGINEERS MANAGEMENT CORPORATION

CHAPTER 61G15-37 FLORIDA ENGINEERS MANAGEMENT CORPORATION 61G15-37.001 Performance Standards and Measurable Outcomes 61G15-37.001 Performance Standards and Measurable Outcomes. In order to facilitate efficient and cost effective regulation by the Florida Engineers Management Corporation (“FEMC”), the following performance standards and measurable outcomes are adopted: (1) FEMC shall make a determination of legal sufficiency within 30 days of receipt of a complaint. FEMC is authorized to seek an extension of an additional 30 days from the Chair of the Probable Cause Committee if the circumstances of a specific complaint justify such an extension. (2) Within fifteen days of receiving a complaint that is determined to be legally sufficient, FEMC shall furnish to the subject or the subject’s attorney a copy of the complaint or document that resulted in the initiation of the investigation. (3) FEMC shall provide status reports to the Board regarding all outstanding disciplinary cases at every other regularly scheduled meeting of the Board. The status report shall include all legally sufficient disciplinary cases until entry of a final order by the Board. Upon entry of a final order, FEMC shall notify the licensee’s employer of the action taken by the Board. (4) FEMC shall refer to the board any investigation or disciplinary proceeding not before the Division of Administrative Hearings pursuant to Chapter 120, F.S., or otherwise completed by FEMC within 1 year after the filing of a complaint. (5) FEMC shall notify the person who filed the complaint of the status of the investigation every six months, including whether probable cause has been found, when the case is agendaed for consideration by the Board and the status of any administrative proceeding or appeal. (6) At least 90 days before the end of a licensure cycle, FEMC shall forward a licensure renewal notification to active or inactive licensees at the licensee’s last known address of record with FEMC. (7) At least 90 days before the end of a licensure cycle, FEMC shall forward a notice of pending cancellation of licensure to a delinquent status licensee at the licensee’s last known address of record with FEMC. (8) Upon receipt of an application for a license, FEMC shall examine the application and, within 30 days after such receipt, notify the applicant of any apparent errors or omissions and request any additional information FEMC is permitted by law to require. (9) Every application for a license shall be approved or denied within 90 days after receipt of a completed application. (10) If an applicant seeks a license for an activity that is exempt from licensure, FEMC shall notify the applicant and return any tendered application fee within 30 days after receipt of the original application. (11) FEMC shall maintain the Board’s web site at www.fbpe.org. All final orders involving disciplinary cases shall be posted on the web site, until the terms of the final order are completed, or until the licensee becomes inactive, retires, relinquishes the license or permits the license to become null and void. Rulemaking Authority 471.038(3)(n) FS. Law Implemented 471.038(3)(m), (n) FS. History–New 11-12-02, Amended 4-8-07, 9-13-09, 8-25-14.

Division 61G16 Board of Professional Geologists

Chapter 61G16-1 ORGANIZATION AND PURPOSE

Fla. Admin. Code R. 61G16-1 ORGANIZATION AND PURPOSE

CHAPTER 61G16-1 ORGANIZATION AND PURPOSE 61G16-1.001 Board Organization and Officers (Repealed) 61G16-1.002 Administrative Headquarters (Repealed) 61G16-1.003 Committees (Repealed) 61G16-1.004 Official Seal of the Board (Repealed) 61G16-1.005 Board Meetings (Repealed) 61G16-1.006 Adoption of Model Rules of Procedure (Repealed) 61G16-1.007 Official Records (Repealed) 61G16-1.0071 Notice to the Department of Mailing Address, Email Address, and Place of Practice 61G16-1.008 Approved Schools and Colleges (Repealed) 61G16-1.009 Definitions 61G16-1.010 Other Board Business for Which Compensation Is Allowed 61G16-1.011 Probable Cause Panel 61G16-1.012 Unexcused Absences 61G16-1.001 Board Organization and Officers. Rulemaking Authority 492.104 FS. Law Implemented 120.53(1), 455.207, 492.103 FS. History–New 4-27-88, Amended 10-27-91, Formerly 21DD-1.001, Repealed 5-14-97. 61G16-1.002 Administrative Headquarters. Rulemaking Authority 492.104 FS. Law Implemented 120.53(1) FS. History–New 4-27-88, Formerly 21DD-1.002, Repealed 5-14-97. 61G16-1.003 Committees. Rulemaking Authority 492.104 FS. Law Implemented 120.53(1) FS. History–New 4-27-88, Formerly 21DD-1.003, Repealed 5-14-97. 61G16-1.004 Official Seal of the Board. Rulemaking Authority 492.104 FS. Law Implemented 492.107 FS. History–New 4-27-88, Formerly 21DD-1.004, Repealed 5-14-97. 61G16-1.005 Board Meetings. Rulemaking Authority 492.104 FS. Law Implemented 120.53(1), 455.207 FS. History–New 4-27-88, Formerly 21DD-1.005, Repealed 5-14-97. 61G16-1.006 Adoption of Model Rules of Procedure. Rulemaking Authority 492.104 FS. Law Implemented 120.53(1) FS. History–New 4-27-88, Formerly 21DD-1.006, Repealed 5-14-97. 61G16-1.007 Official Records. Rulemaking Authority 492.104 FS. Law Implemented 120.53(1) FS. History–New 4-27-88, Amended 10-27-91, Formerly 21DD-1.007, Repealed 5-14-97. 61G16-1.0071 Notice to the Department of Mailing Address, Email Address, and Place of Practice. (1) The term “mailing address” and “email address” shall mean the address at which the licensee to receive all official communications, notifications, and correspondence from the Board or the Department through United States Postal Service delivery or through electronic mail, respectively. (2) For licensees, the term “all places of practice” shall mean the address of all locations at which the licensee holds himself or herself out as qualified to engage in the practice of professional geology, and all firms, corporations, partnerships, agencies, or other entities at which the licensee is employed to engage in the practice of professional geology, or with whom the licensee has entered into an ongoing contractual relationship to engage in the practice of professional geology. The practice of professional geology for a firm, corporation, partnership, agency, or other entity for a single identifiable project shall not be considered as a place of practice unless the licensee’s involvement with the project shall extend beyond six (6) months. Rulemaking Authority 455.275, 492.104 FS. Law Implemented 455.275(1) FS. History–New 5-4-97, Amended 3-2-00, 11-13-12, 11-18-18, 12-20-20, Technical Change 6-4-26. 61G16-1.008 Approved Schools and Colleges. Rulemaking Authority 492.104 FS. Law Implemented 120.53(1) FS. History–New 4-27-88, Formerly 21DD-1.008, Repealed 5-14-97. 61G16-1.009 Definitions. As used in Chapter 492, F.S., and in these rules where the context will permit the following terms have the following meanings: (1) “Responsible Charge” shall mean one who is accountable for and exercises direct control and personal supervision of oneself’s and others’ geological work with initiative, skill and independent scientific judgment. (2) “Responsible Position” shall mean a position in which one performs geological work with initiative, skill and independent judgment, under the supervision and direction of a professional geologist licensed under Chapter 492, F.S., a professional engineer licensed under Chapter 471, F.S., or other qualified professional. (3) “Long-term, ongoing relationship” shall mean a contractual relationship between the professional geologist and the firm, corporation, or partnership, in which the professional geologist performed or is responsible for the supervision, direction, or control of the work contained in the geological papers, reports, or documents that are signed, dated, and sealed by the professional geologist. Rulemaking Authority 492.104 FS. Law Implemented 492.105, 492.111 FS. History–New 4-27-88, Formerly 21DD-1.009, Amended 11-15-93, 5-14-97, 3-5-01, 12-19-11, 5-1-13. 61G16-1.010 Other Board Business for Which Compensation Is Allowed. The following are considered to be other business involving the Board as required by Section 455.207(4), F.S. (1) All joint Board or Committee meetings required by statutes, Board rule or Board action. (2) Meetings of Board members with Department staff or consultants of the Department at the Department’s or the Board’s request. Any participation or meeting of members noticed or unnoticed will be on file in the Board office. (3) Where a Board member has been requested by the Secretary of the Department to participate in a meeting. (4) All activity of Board members, if authorized by the Board, when grading, proctoring, reviewing, or observing examinations given by the Department. (5) All participation in Board authorized meetings with professional associations of which the Board is a member or invitee. This would include all meetings of national associations of registration Boards of which the Board is a member as well as Board authorized participation in meetings of national or professional associations or organizations involved in educating, regulating or reviewing the profession over which the Board has statutory authority. (6) Any and all other activities which are Board approved and which are necessary for Board members to attend in order to further protect the public health, safety and welfare, through the regulation of which the Board has statutory authority. Rulemaking Authority 492.104, 455.207 FS. Law Implemented 455.207 FS. History–New 4-27-88, Formerly 21DD-1.010. 61G16-1.011 Probable Cause Panel. (1) The determination as to whether probable cause exists to believe that a violation of Chapter 455 or 492, F.S., or the rules promulgated thereunder, has occurred shall be made by a majority vote of a probable cause panel of the Board of Professional Geologists. (2) As needed, one or more probable cause panels, consisting of three panelists each, shall be selected by, and shall serve at the pleasure of, the chairman of the board. One member of each panel may be a former board member. (3) There shall be no limit to the number of times an eligible member may serve on probable cause panels. Rulemaking Authority 455.225(4), 492.104 FS. Law Implemented 455.225(4) FS. History–New 5-16-94, Amended 5-14-97, 11-5-02. 61G16-1.012 Unexcused Absences. (1) Board members shall attend all regularly scheduled Board meetings unless prevented from doing so by reason of court order, subpoena, business with a court which has the sole prerogative of setting the date of such business, conflict with other scheduled business of the Board, conflicting business previously authorized by the Board, death of family member, illness of the Board member, hospitalization of the member's immediate family, absence due to unavoidable travel delays or cancellations, or other extraordinary circumstances. (2) No Board member may be absent from three consecutive regularly scheduled Board meetings unless the absence is excused for one of the reasons stated in subsection (1) of this rule. An absence for any reason other than the reasons stated in subsection (1) constitutes an unexcused absence for the purpose of declaring a vacancy of the Board. An otherwise excused absence is not excused if the Board member fails to notify the Board office of the impending absence prior to the regularly scheduled Board meeting at which the absence will occur or unless the failure to notify the Board office is the result of circumstances surrounding the reason for the absence which the Board itself excuses after the absence has occurred. (3) “Family” consists of immediate family, nieces, nephews, cousins, and in-laws. (4) “Immediate family” consists of spouse, child, parents, parents-in-law, siblings, grandchildren, and grandparents. Rulemaking Authority 455.207(3) FS. Law Implemented 455.207(3) FS. History–New 5-4-97.

Chapter 61G16-2 SEALS

Fla. Admin. Code R. 61G16-2 SEALS

CHAPTER 61G16-2 SEALS 61G16-2.001 Seals Acceptable to the Board 61G16-2.004 Prohibitions 61G16-2.005 Procedures for Signing and Sealing Geological Papers, Reports, or Other Documents 61G16-2.001 Seals Acceptable to the Board. (1) Pursuant to section 492.107, F.S., the Board hereby establishes as indicated below the forms of metal-type impression or stamped ink seals which are acceptable to the Board:

(2) The above referenced seals shall be no less than 15/8 inches in diameter. Rulemaking Authority 492.104, 492.107 FS. Law Implemented 492.107 FS. History–New 5-23-88, Formerly 21DD-2.001, Amended 1-11-95, 11-18-18. 61G16-2.004 Prohibitions. Persons other than professional geologists licensed under chapter 492, F.S., may not override, reject or modify geological documents prepared by a professional geologist unless such actions are approved in writing by another professional geologist who takes full responsibility for such a decision. Such actions by a person who is not licensed as a professional geologist in this state constitute unlicensed practice and are prohibited except as provided in section 492.116, F.S. Rulemaking Authority 492.104 FS. Law Implemented 492.102, 492.112, 492.116 FS. History–New 9-18-97, Amended 7-16-98. 61G16-2.005 Procedures for Signing and Sealing Geological Papers, Reports or Other Documents. (1) All geological papers, reports or other documents prepared or issued by a licensed professional geologist shall be signed, dated and sealed by the professional geologist who performed or is responsible for the supervision, direction or control of the work contained in the papers, reports or documents. (2) Geological papers, reports or other documents shall mean any document, whether in a physical or electronic format which conveys or expresses an opinion, conclusion, interpretation or recommendation based upon the performance of geological services. (3) Except as noted below, all geological papers, reports or other documents which are required to be signed, dated and sealed under the provisions of chapter 492, F.S., shall bear the actual signature of the professional geologist who prepared or issued the geological papers, reports or documents, the date signed and the metal-type impression or stamped ink seal of the said professional geologist. (4) An electronic signature and seal shall be permitted in place of an original seal, signature and date when the following criteria are met: (a) It is a unique identification of the licensee and shall contain the same information required on an impression or stamp seal including the date that the document is electronically signed and sealed; (b) It is verifiable; (c) It is under the licensee’s direct and exclusive control; (d) It is linked to the electronic documents in such a manner that causes changes to be easily determined and visually displayed if any data in the electronic document file is changed subsequent to the electronic signature having been affixed to the electronic document and; (e) An attempt to change the electronic document after the electronic signature and seal is affixed shall cause the electronic signature to be removed or altered significantly enough to invalidate the electronic signature. Rulemaking Authority 492.104, 492.107 FS. Law Implemented 492.107, 668.003 FS. History–New 2-9-00, Amended 3-5-01, 4-20-09.

Chapter 61G16-3 FEES

Fla. Admin. Code R. 61G16-3 FEES

CHAPTER 61G16-3 FEES 61G16-3.001 Schedule of Fees 61G16-3.002 Unlicensed Activity Fee (Repealed) 61G16-3.001 Schedule of Fees. The following fees are prescribed by the Board: (1) Application for Licensure by Examination: (a) The application fee for licensure by examination shall be one hundred fifty dollars ($150.00) and shall be nonrefundable. (b) The examination fee for licensure by examination shall be two hundred and fifty dollars ($250.00), and shall be refundable if the applicant is found to be ineligible to take the licensure examination. (c) The initial license fee shall be one hundred dollars ($100.00). (2) Application for Licensure by Endorsement: (a) The application fee for licensure by endorsement shall be one hundred fifty dollars ($150.00) and shall be nonrefundable. (b) The initial license fee shall be one hundred dollars ($100.00). (3) License Renewal, Reactivation: (a) The biennial renewal fee for licensure as a professional geologist in an active status shall be one hundred and twenty-five dollars ($125.00). (b) The biennial renewal fee for licensure as a professional geologist in an inactive license status shall be fifty dollars ($50.00). (c) The fee for reactivation of an inactive license to active status shall be fifty dollars ($50.00). (d) The delinquency fee to be paid when renewing a license at any time after the previous license shall have expired, regardless of the previous or proposed status of the license shall be twenty-five dollars ($25.00); and, shall be paid in addition to any and all other required renewal or processing fees. (4) Fees for Reinstatement of a Null and Void License: (a) The application fee shall be $150.00 and is nonrefundable. (b) Fee for a change in licensure status of $100.00, which fee shall be refunded if the application is denied. (5) Miscellaneous Fees: (a) The fee for a duplicate license shall be twenty-five dollars ($25.00). (b) The fee for a provisional license shall be two hundred dollars ($200.00). (c) The fee for processing a change in licensure status at any time other than the time designated by the Department as the time for changing licensure status shall be one hundred dollars ($100.00). (6) Fees for geologist-in-training registration (GIT): (a) The application fee for registration as a GIT shall be forty dollars ($40.00) and shall be non-refundable. (b) The examination fee for registration as a GIT shall be one hundred and fifty dollars ($150.00) and shall be refundable if the applicant is found to be ineligible to take the fundamentals portion of the examination. (7) Application for licensure by a registered geologist-in-training (GIT): (a) The application fee for licensure by examination shall be one hundred fifty dollars ($150.00) and shall be nonrefundable. (b) The examination fee for licensure by examination shall be one hundred dollars ($100.00), and shall be refundable if the applicant is found to be ineligible to take the practice portion of the examination. (c) The initial license fee shall be one hundred dollars ($100.00). Rulemaking Authority 455.213(2), 455.217, 455.219, 455.271, 492.104, 492.1101 FS. Law Implemented 455.213(2), 455.217, 455.219, 455.271, 492.104, 492.105, 492.106, 492.1051, 492.1101 FS. History–New 4-27-88, Amended 3-15-90, 2-21-91, 10-27-91, Formerly 21DD-3.001, Amended 5-22-96, 5-14-97, 9-18-97, 11-23-99, 11-16-04, 12-19-07, 1-25-17, 10-31-17, 11-15-20, Technical Change 3-25-26. 61G16-3.002 Unlicensed Activity Fee. Rulemaking Authority 492.104, 455.2281 FS. Law Implemented 455.2281 FS. History–New 10-19-93, Repealed 4-27-16.

Chapter 61G16-4 LICENSURE STATUS

Fla. Admin. Code R. 61G16-4 LICENSURE STATUS

CHAPTER 61G16-4 LICENSURE STATUS 61G16-4.003 Delinquent and Inactive Licenses; Changing Status of Licensure (Repealed) 61G16-4.004 Discretionary Reinstatement of Null or Void Licenses (Repealed) 61G16-4.005 Reinstatement of Null and Void Licenses 61G16-4.003 Delinquent and Inactive Licenses; Changing Status of Licensure. Rulemaking Authority 492.103, 492.1101 FS. Law Implemented 455.271, 492.1101 FS. History–New 6-30-96, Amended 5-14-97, Repealed 4-27-16. 61G16-4.004 Discretionary Reinstatement of Null or Void Licenses. Rulemaking Authority 455.271(6)(b), (9), 455.213(2), 455.219, 492.104, 492.1101 FS. Law Implemented 455.271 (6)(b), (9), 455.213(2), 455.219, 492.104, 492.1101 FS. History–New 10-15-07, 6-5-12, Repealed 10-21-12. 61G16-4.005 Reinstatement of Null and Void Licenses. The license of a delinquent licensee, who does not achieve active or inactive status before the end of the current biennial licensure period, shall be null and void and reinstatement shall require meeting all the current requirements for initial licensure. Rulemaking Authority 455.271(6)(a) FS., Law Implemented 455.271(6)(a) FS. History‒New 11-15-20.

Chapter 61G16-5 EDUCATION AND EXPERIENCE REQUIREMENTS

Fla. Admin. Code R. 61G16-5 EDUCATION AND EXPERIENCE REQUIREMENTS

CHAPTER 61G16-5 EDUCATION AND EXPERIENCE REQUIREMENTS 61G16-5.001 Related Degrees 61G16-5.002 Geological Courses 61G16-5.003 Passing Grade; Duration of Validity (Repealed) 61G16-5.004 Work Experience 61G16-5.001 Related Degrees. For the purposes of fulfilling the requirements of Section 492.105(1)(d)1., F.S., a related science degree means, any science degree demonstrated by the applicant to possess a reasonable and rational nexus to a degree in geology. Rulemaking Authority 492.104, 492.105(1)(d)1. FS. Law Implemented 492.105(1)(d)1. FS. History–New 4-22-90, Formerly 21DD-5.001, Amended 12-19-11. 61G16-5.002 Geological Courses. For the purposes of fulfilling the requirements of Section 492.105(1)(d)2., F.S., the necessary thirty (30) hours of geology course work shall be comprised of the basic fundamental core program of geology. A typical listing would include most of the following subject areas: Physical Geology Historical Geology Structural Geology Mineralogy Optical Mineralogy Petrology Sedimentology/Stratigraphy Geophysics Geochemistry Economic Geology Hydrogeology Field Methods/Field Camp Paleontology Other specialized courses may be used to complete the total, but may not be used in abundance to substitute for the basic listing as described above. Where some question concerning a course submitted as qualifying as a geology course exists, the Board will utilize the contents of similar courses offered within the Florida State University System for evaluation. It is the applicant’s responsibility to submit documentation, including a course syllabus, university catalog copy, or evaluation by a qualified geologist familiar with the course, for any course offered as a geology equivalent that needs additional explanation. Rulemaking Authority 492.104 FS. Law Implemented 492.105(1)(d)2. FS. History–New 4-22-90, Amended 10-2-90, Formerly 21DD-5.002. 61G16-5.003 Experience. Rulemaking Authority 492.104 FS. Law Implemented 492.105(1)(e) FS. History–New 4-22-90, Amended 8-6-91, Formerly 21DD-5.003, Repealed 5-14-97. 61G16-5.004 Work Experience. (1) Applicants shall submit all materials in such manner and format as will permit the Board to read, understand, and evaluate the information contained in the materials. (2) Geological work experience must follow the completion of the educational requirements as set forth in Section 492.105(1)(d), F.S., and constitute an application of the geological education previously obtained. (3) Applicants shall submit detailed descriptions of the exact nature and extent of the work performed in order to permit the Board to determine the geological character of the work and the nature of the position occupied by the applicant. (4) Geological work experience credit shall be granted on a month-for-month basis for those periods in which the applicant was engaged in geological work in a responsible position on a 40 hour per week, full-time basis. Periods in which the applicant was engaged in geological work in a responsible position on a part-time, less than 40 hour per week basis shall be credited toward the geological work experience requirements based on the percentage of a full-time, 40 hour work week that the applicant actually performed the geological work. No geological work experience credit is allowable for any period of time during which the applicant was an undergraduate student. (5) Geological work experience must be verified by a licensed or qualified geologist, or professional engineer registered under Chapter 471, F.S. (a Florida Professional Engineer). Rulemaking Authority 492.104, 492.105 FS. Law Implemented 492.105 FS. History–New 12-8-98, Amended 4-13-99, 3-29-15, 11-15-20, 4-14-24.

Chapter 61G16-6 EXAMINATIONS

Fla. Admin. Code R. 61G16-6 EXAMINATIONS

CHAPTER 61G16-6 EXAMINATIONS 61G16-6.001 Written Licensure Examination Requirements 61G16-6.006 Licensure by Endorsement 61G16-6.001 Written Licensure Examination Requirements. (1) Prior to the issuance of a license to practice professional geology in the State of Florida, all applicants for licensure as a professional geologist by examination shall be required to take and achieve a passing score on a written licensure examination in order to ascertain the applicant’s knowledge of the theory and the practice of professional geology, and to test the applicant’s qualifications to practice professional geology. Applicants shall apply to the Department for licensure and must be certified by the Board prior to taking the licensure examination. (2) The licensure examination to be taken and passed by all applicants for licensure as a professional geologist by examination shall be the written examination produced and provided by the National Association of State Boards of Geology (ASBOG). The licensure examination shall be administered by the Department and shall be offered twice each year on such dates as determined by the ASBOG organization. (3) The licensure examination consist of two parts, the Fundamentals of Geology and the Practice of Geology. Individual scores will be reported for each part of the licensure examination and all applicants must achieve a passing score on both parts of the licensure examination. The passing score for each part of the licensure examination shall be a minimum of seventy percent (70%) out of one hundred percent (100%). (4) The licensure examination shall be a closed-book examination with no outside reference materials permitted during the examination. However, applicants shall be permitted to use battery-operated, silent, non-printing, non-programable calculators during the examination provided the calculator is approved by the officials administering the examination as conforming with this paragraph. (5) An applicant who fails to achieve a passing score on either or both parts of the licensure examination may retake the examination upon the submission to the Department of an application for reexamination and the payment of all applicable application and reexamination fees. Applications for reexamination and payment of all fees must be received by the Department no later than sixty (60) days prior to the administration date of the licensure examination for which the applicant wishes to sit. Rulemaking Authority 455.217, 492.104 FS. Law Implemented 455.217, 492.105 FS. History–New 8-23-89, Formerly 21DD-6.001, Amended 9-21-94, 5-19-97, 4-28-99. 61G16-6.006 Licensure by Endorsement. (1) The following requirements apply to any applicant for endorsement who has held an active license in good standing to practice geology in a state, trust, territory, or possession of the United States: (a) The applicant shall meet the qualifications for licensure in Sections 492.105(1)(b)-(e), F.S.; and, (b) The applicant shall have been licensed through the examination provided by the Association of State Boards of Geology (ASBOG) in at least one state, trust, territory, or possession of the United States. The applicant shall have received a score on that examination which is equal to or greater than the score required by Florida. (2) The following requirements apply to applicants, who elect not to apply through subsection (1) for endorsement, and who have held a valid license to practice geology in another state, trust, territory or possession of the United States for at least ten years before the date of application submittal, provided the license is active at the time of application submittal or has expired not more than two years prior to application submittal: (a) The applicant shall have passed a state, regional, national, or other examination that is equivalent to or more stringent than the ASBOG examination; or (b) The applicant shall be required to take the ASBOG examination in order to become licensed. Rulemaking Authority 492.104, 492.108 FS. Law Implemented 492.108 FS. History–New 6-6-93, Formerly 21DD-6.006, Amended 5-19-97, 6-1-99, 12-20-20.

Chapter 61G16-8 LICENSURE

Fla. Admin. Code R. 61G16-8 LICENSURE

CHAPTER 61G16-8 LICENSURE 61G16-8.001 License and Certification Renewal and Reinstatement 61G16-8.001 License and Certification Renewal and Reinstatement. Licenses and Certificates are renewed biennially on July 31 of even numbered years. (1) Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions – A licensee who is the spouse of a member of the Armed Forces of the United States and was caused to be absent from the State of Florida because of the spouse’s duties with the armed forces shall be exempt from all licensure renewal provisions during such absence. The licensee must show proof to the Board of the absence and the spouse’s military status. (2) Failure to renew a license or certificate, unless exempt as a military spouse, renders the license delinquent. Delinquent status may last one full renewal cycle. If, at the end of the delinquent biennium, the license is not brought current it becomes null and void. (3) Anyone with a revoked or null and void license who wishes to provide professional geological services shall obtain a current, active status license prior to practicing or be subject to discipline by the Department of Business and Professional Regulation. (4) All licensees except revoked, null and void licenses, or those exempt in subsection (1) of this rule, must renew each biennium to continue to practice professional geology. Rulemaking Authority 455.02(2), 455.271(6)(b), (9) FS. Law Implemented 455.02(2), 455.271(6)(b), (9) FS. History–New 10-3-04, Amended 11-29-07, 12-17-18.

Chapter 61G16-9 GROUNDS FOR DISCIPLINE

Fla. Admin. Code R. 61G16-9 GROUNDS FOR DISCIPLINE

CHAPTER 61G16-9 GROUNDS FOR DISCIPLINE 61G16-9.001 Disciplinary Guidelines 61G16-9.002 Notices of Non-Compliance 61G16-9.001 Disciplinary Guidelines (1) Whenever the Board finds a licensee guilty of violating a provision of chapter 492, F.S., the following Penalty Guidelines shall be followed: Statutory Violation Description of Violation Penalty Range

Statutory Violation Description of Violation (This description is a general summary. It is not designed to be used in charging documents. Reference should be made to the statute identified for a complete statement of the substance of the violation). Penalty Range for First Violation. Penalty Range for Subsequent Violation.

(a) Violation of: Section 492.109, F.S. Failure to file changes of address with the Department. Notice of Non-Compliance. Fine up to $1000 + Costs; Plus Probation or Suspension, Revocation or Deny License all with Usual Conditions.

(b) Violation of: Section 492.111(1), F.S. Failure of business enterprise to have name and license number of current geologist of record on file with the Department. Notice of Non-Compliance. Fine up to $1000 + Costs; Plus Probation, Suspension, Revocation or Deny License all with Usual Conditions.

(c) Violation of: Section 492.111(3), F.S. Failure to have final papers or documents dated, signed and sealed by the professional geologist who prepared or approved the papers, prior to delivery to anyone for public record. Fine up to $500 + Costs; Plus Reprimand, Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Probation, Suspension, Revocation or Deny License all with Usual Conditions.

(d) Violation of: Section 492.112(1)(a), F.S. Knowingly Unlicensed practice. Fine up to $500 + Costs; Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Suspension or Revocation all with Usual Conditions.

(e) Violation of: Section 492.112(1)(b), F.S. Knowingly use “PG” or other title, designation or letters to indicate licensure under chapter 492, F.S. Fine up to $500 + Costs; Reprimand or Probation all with Usual Conditions. Fine up to $1000 + Costs; Suspension or Revocation all with Usual Conditions; Plus referral to the state attorney for prosecution of the first degree misdemeanor.

(f) Violation of: Section 492.112(1)(c), F.S. Knowingly present as ones own the license of another. Fine up to $1000 + Costs; Plus Probation or Suspension all with Usual Conditions; Plus referral to the state attorney for prosecution of the first degree misdemeanor. Fine up to $1000 + Costs; Plus Suspension or Revocation all with Usual Conditions; Plus referral to the state attorney for prosecution of the first degree misdemeanor.

(g) Violation of: Section 492.112(1)(d), F.S. Knowingly, giving false or forged evidence to DBPR. Fine up to $1000 + Costs; Plus Probation, Suspension or Revocation all with Usual Conditions; Plus referral to the state attorney for prosecution of the first degree misdemeanor. Fine up to $1000 + Costs; Plus Suspension or Revocation all with Usual Conditions; Plus referral to the state attorney for prosecution of the first degree misdemeanor.

(h) Violation of: Section 492.112(1)(e), F.S. Knowingly, using or attempt to use a suspended, revoked, inactive or delinquent license. Fine up to $500 + Costs; Plus Reprimand, Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Suspension or Revocation all with Usual Conditions; Plus referral to the state attorney for prosecution of the first degree misdemeanor.

(i) Violation of: Section 492.112(1)(f), F.S. Knowingly employ unlicensed person to practice geology. Fine up to $500 + Costs; Plus Probation, Suspension or Revocation all with Usual Conditions, Plus referral to the state attorney for prosecution of the first degree misdemeanor. Fine up to $1000 + Costs; Plus Suspension or Revocation all with Usual Conditions; Plus referral to the state attorney for prosecution of the first degree misdemeanor.

(j) Violation of: Section 492.112(1)(g), F.S. Knowingly conceal information about violation of Chapter 492, F.S. Fine up to $500 + Costs; Plus Probation with Usual Conditions. Fine up to $1000 + Costs; Plus Probation, Suspension or Revocation all with Usual Conditions; Plus referral to the state attorney for prosecution of the first degree misdemeanor.

(k) Violation of: Section 492.113(1)(a), F.S. Violation of any provision of Chapter 492, F.S. (Use only if no statutory specific provision in this rule.) Fine up to $1000 + Costs; Plus Reprimand, Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Probation, Suspension, Revocation or Deny License all with Usual Conditions.

(l) Violation of: Section 492.113(1)(b), F.S. Attempting to procure a license by bribery or fraudulent misrepresentations or through an error of the Board. Fine up to $1000 + Costs; Plus Probation, Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Probation, Suspension, Revocation or Deny License all with Usual Conditions.

(m) Violation of: Section 492.113(1)(c), F.S. Having a geology license revoked, suspended, denied or acted against in another state, territory or country. Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, Revocation or Deny License all with Usual Conditions.

(n) Violation of: Section 492.113(1)(d), F.S. Being convicted, found guilty, pleading nolo to a crime, in any jurisdiction, that directly relates to the practice or ability to practice. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Revocation or Deny License all with Usual Conditions.

(o) Violation of: Section 492.113(1)(e), F.S. Making or filing a known false report, willfully failing to file a required record or report, willfully impeding or obstructing such filing. Includes only those records signed in capacity as a professional geologist. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Revocation or Deny License all with Usual Conditions.

(p) Violation of: Section 492.113(1)(f), F.S. False, fraudulent, deceptive or misleading advertising. Fine up to $1000 + Costs; Plus Reprimand, Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, Revocation, or Deny License all with Usual Conditions.

(q) Violation of: Section 492.113(1)(g), F.S. Committing fraud, deceit, negligence, incompetence or misconduct in the practice. Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, Revocation or Deny License all with Usual Conditions.

(r) Violation of: Section 492.113(1)(h), F.S. Violation of chapter 455, F.S. (use only when no reference to chapter 455, F.S., provisions is found in subsection (2)). Fine up to $1000 + Costs; Plus Reprimand, Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Probation, Suspension, Revocation or Deny License all with Usual Conditions.

(s) Violation of: Section 492.113(1)(i), F.S. Practicing on a revoked, suspended, inactive or delinquent license. Fine up to $1000 + Costs; Plus Probation, Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Probation, Suspension, Revocation or Deny License all with Usual Conditions.

(t) Violation of: Section 492.113(1)(j), F.S. Affixing licensee’s name to or permitting licensee’s name to be used on geological papers, reports or documents neither prepared by licensee or under his or her responsible supervision, direction or control. Fine up to $1000 + Costs; Plus Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions.

(u) Violation of: Section 492.113(1)(k), F.S. Violating a rule or violating any order previously entered in a disciplinary hearing. Fine up to $1000 + Costs; Plus Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions.

(2) Whenever the Board finds a licensee guilty of violating a provision of Chapter 455, F.S., the following Penalty Guidelines shall be followed: Statutory Violation Description of Violation Penalty Range

(a) Violation of: Section 455.227(1)(a), F.S. False, fraudulent, deceptive or misleading representations in or related to the practice of professional geology. Fine up to $1000 + Costs; Plus Reprimand, Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, Revocation, or Deny License all with Usual Conditions.

(b) Violation of: Section 455.227(1)(b), F.S. Intentional violation of any Board rule. Fine up to $1000 + Costs; Plus Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions.

(c) Violation of: Section 455.227(1)(c), F.S. Being convicted, found guilty, pleading nolo to a crime, in any jurisdiction, that relates to the practice or ability to practice professional geology. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Revocation or Deny License all with Usual Conditions.

(d) Violation of: Section 455.227(1)(f), F.S. Having a geology license revoked, suspended, denied or acted against in another state, territory or country. Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, Revocation or Deny License all with Usual Conditions.

(e) Violation of: Section 455.227(1)(g), F.S. Having been found civilly liable for knowingly filing a false report or complaint with DBPR against another licensee. Fine up to $1000 + Costs; Plus Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions.

(f) Violation of: Section 455.227(1)(h), F.S. Attempting or succeeding to procure or renew a license by bribery or fraudulent misrepresentation or through an error of the Board or Department. Fine up to $1000 + Costs; Plus Probation, Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Probation, Suspension, Revocation or Deny License all with Usual Conditions.

(g) Violation of: Section 455.227(1)(i), F.S. Knowingly conceal information about violation of chapter 492, F.S., or the rules of the Department or Board. Fine up to $500 + Costs; Plus Probation with Usual Conditions. Fine up to $1000 + Costs; Plus Probation, Suspension or Revocation all with Usual Conditions.

(h) Violation of: Section 455.227(1)(j), F.S. Aid, assist, procure, employ or advise unlicensed person or entity to practice profession contrary to chapter 492 or 455, F.S., or rules of the Board. Fine up to $500 + Costs; Plus Probation, Suspension or Revocation all with Usual Conditions. Fine up to $1000 + Costs; Plus Suspension or Revocation all with Usual Conditions.

(i) Violation of: Section 455.227(1)(k), F.S. Failing to perform any statutory or legal obligation of licensee. Fine up to $1000 + Costs; Plus Probation, Suspension or Revocation all with Usual Conditions. Fine up to $1000 + Costs; Plus Suspension or Revocation all with Usual Conditions.

(j) Violation of: Section 455.227(1)(l), F.S. Making or filing a known false report, willfully failing to file a required record or report, willfully impeding or obstructing such filing. Includes only those records or reports signed in capacity as a professional geologist. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Revocation or Deny License.

(k) Violation of: Section 455.227(1)(m), F.S. Making deceptive, untrue or fraudulent representations in or related to practice of professional geology. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Revocation or Deny License.

(l) Violation of: Section 455.227(1)(n), F.S. Exercise influence on client for improper financial gain of licensee or third party. Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, Revocation or Deny License all with Usual Conditions. Fine up to $1000 + Costs; Plus Reprimand, Probation, Suspension, Revocation or Deny License all with Usual Conditions.

(m) Violation of: Section 455.227(1)(o), F.S. Practicing beyond the scope of license. Fine up to $1000 + Costs; Plus Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions.

(n) Violation of: Section 455.227(1)(p), F.S. Accepting and performing or delegating responsibilities licensee knows or should know he or the delegee is not competent to perform. Fine up to $1000 + Costs; Plus Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions.

(o) Violation of: Section 455.227(1)(q), F.S. Violating any provision of Chapter 492 or 455, F.S., rules of the Department or Board, or any lawful Order of the Board. Fine up to $500 + Costs; Plus Reprimand, Probation or Suspension all with Usual Conditions. Fine up to $2500 + Costs; Plus Probation or Suspension all with Usual Conditions.

(p) Violation of: Section 455.227(1)(r), F.S. Interfering with investigation, inspection or disciplinary proceeding. Fine up to $1000 + Costs; Plus Reprimand, Probation or Suspension all with Usual Conditions. Fine up to $1000 + Costs; Plus Suspension, Revocation or Deny License all with Usual Conditions.

(q) Violation of: Section 455.227(1)(t), F.S. Failing to timely report in writing to the board within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. Misdemeanor: Reprimand; a fine from $100 to $250 dollars; probation not to exceed 6 months. Felony: Reprimand; a fine from $500 to $1000 dollars; suspension with conditions of reinstatement or revocation. Misdemeanor: Reprimand; a fine from $500 to $1000 dollars; a period of suspension with conditions for reinstatement or revocation. 3rd Misdemeanor: Reprimand; $1000 dollar fine; and Revocation. Felony: Reprimand; Revocation; and $1000 dollar fine.

(3) The Usual Conditions. (a) Provisions which are included in all Orders.

1. This Order shall be effective upon filing by the Clerk of the Department of Business and Professional Regulation.
2. Failure to comply with the provisions of this Order shall result in further disciplinary action by the Board. (b) Conditions imposed whenever fine and costs are imposed: Fine and costs shall be paid by cashiers check or money order payable to the Department of Business and Professional Regulation, Board of Professional Geologists, 2601 Blair Stone Road, Tallahassee, Florida 32399-0767, and received by the Department within 30 days of the effective date of the Order, or within a set period of time after probation or suspension as reflected in the Order. (c) Conditions, all or any of which may be imposed with Probation are:
3. Licensee is placed on probation for a period of time as determined by the Board.
4. Failure to comply with any provision of this Order shall result in the filing of a new complaint and if you are found to be in violation, your license will be suspended until you are compliant.
5. Licensee shall appear before the Board, in person, at a defined frequency or set number of Board meetings during the course of the probation. The number of appearances will depend on the severity of the underlying violation.
6. At each appearance the licensee shall provide the following documents to the Board: Some or all of the following provisions may be included: (Those items designated in each case shall relate to the violation charged.)
   1. Copies of all contracts in which documents have been signed and sealed since the last appearance before the Board, and/or
   2. A list of the type of those documents, including the following information to whom the document was presented, including the address, and the date the document was mailed or otherwise presented, and/or
   3. A list of all contracts worked upon since the last appearance with the name and address of the person or entity for whom the contract is to be performed.
7. At the final appearance the licensee shall demonstrate compliance with all the conditions of the Probationary Order, prior to the lifting of probation.
8. Licensee shall retake the following section(s) ______ of the licensing examination prior to lifting the probation. (The section designated will be that most likely to cover the underlying violation(s).)
9. Licensee must attend _____ Board meetings, the number shall be based on the severity of the underlying violation, to observe the Board’s Disciplinary Proceedings.
10. Licensee’s practice during this period of probation is limited as follows: (Limitations will depend on the severity and nature of the underlying violation.) (d) Conditions all or any of which may be imposed when suspension is imposed.
11. Licensee shall surrender license to Board office within five (5) days of the effective date of the Order.
12. Licensee shall provide the Board, within 30 days of the effective date of the Order of Suspension, a list of all clients with whom he/she/it is contracted to perform professional geological services in the state of Florida, that is not or will not be completed on the 30th day following the effective date of the Order of Suspension. The list shall include the name of a contact person, a mailing address and phone number of the client.
13. Licensee shall inform all current clients that he/she/it must cease work on the project for the term of his/her/its suspension, provide the Board office with a copy of each cease work letter or other document sent, or a list of the person called, his/her address, phone number and the date of contact.
14. Licensee shall Sign and Seal all documents completed as of the date of suspension and deliver to clients within 30 days of the effective date of the Order.
15. Licensee shall provide clients with a list of licensed professional geologists who work in the area, so the client can try to find a substitute who can complete the project as originally contemplated.
16. Failure to comply with any provision of this Order will result in the filing of a new complaint and if you are found to be in violation, you may not serve as Geologist of Record and must notify DBPR of your Replacement within 10 days of the effective date of the Order, in addition your license will be:
    1. Suspended indefinitely with no possibility of reactivation until compliant with all outstanding Orders, or
    2. Revoked.
    (4) Purpose of guidelines – The range of penalties set forth above is the range from which disciplinary penalties will be imposed upon licensees guilty of violation of the laws and rules. The purpose of these guidelines is to give notice of the range of penalties which will normally be imposed for specific violations. The guidelines are based upon a single count violation of the provision listed. Multiple counts of violations of the same provision, or unrelated provisions of the law or rules will be grounds for enhancement of penalties or imposition of additional penalties. (5) Aggravating/Mitigating Circumstances – The existence of aggravating or mitigating circumstances, as set forth below, will permit deviation from the guidelines upon clear and convincing evidence. When considering a Recommended Order, the fact that a Hearing Officer may or may not have been aware of aggravating or mitigating circumstances prior to recommending a penalty, shall not obviate the duty of the board to consider them when brought to its attention prior to the issuance of a Final Order. (a) Aggravating circumstances; circumstances which may justify deviating from the disciplinary guidelines and penalty enhancement include, but are not limited to:
17. History of previous violation of the practice act and the rules promulgated thereunder.
18. In the case of negligence, the magnitude and scope of the project and the damage inflicted upon the public.
19. Evidence of violation of professional practice acts in other jurisdictions which resulted in discipline by the regulatory authority.
20. A pattern of behavior evidencing repeated disregard of the practice act or rules. (b) Mitigating circumstances; circumstances which may justify deviating from the disciplinary guidelines and result in a lessening of the penalty shall include, but not be limited to:
21. In cases of negligence, the minor nature of the project in question and the lack of danger to the public health, safety or welfare which resulted.
22. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices or has practiced.
23. Restitution of any damages suffered by the licensee’s client.
24. The licensee’s professional standing among his peers.
25. Remedial steps taken by the licensee or his firm to avoid similar violations in the future. (6) Notice of Noncompliance – An alternative to investigation and prosecution when a complaint is received, the Department of Business and Professional Regulation may issue a Notice of Noncompliance for a first offense of the following violations: (a) Failure to date document when affixing signature and seal. (b) Practice by an individual with an inactive or delinquent license for less than one month. Rulemaking Authority 455.2273, 492.104, 492.113(2) FS. Law Implemented 455.227, 455.2273, 492.113(1), (2), (3) FS. History–New 7-3-05, Amended 2-7-13, 7-3-17, 11-15-20. 61G16-9.002 Notices of Non-Compliance 61G16-9.002 Notices of Non-Compliance. (1) As an alternative to investigation and prosecution, when a complaint is received, the Department shall provide a licensee with a notice of non-compliance for an initial offense for the following violations which are designated as minor violations for the purposes of Section 455.225(3), F.S.: (a) Violation of Section 492.109, F.S. Failure to file changes of address with the Department. (b) Violation of Section 492.111(1), F.S. Failure of business enterprise to have name and license number of current geologist of record on file with the Department. (2) The designation of violations as minor for the purposes of Section 455.225(3)(a), F.S., is limited to initial violations. Rulemaking Authority 120.695(2)(b), 455.225(3)(a), 492.104 FS. Law Implemented 455.225(3)(a), 492.113 FS. History–New 5-25-17.

Division 61G17 Board of Professional Surveyors and Mappers

Chapter 61G17-1 ORGANIZATION AND PURPOSE

Fla. Admin. Code R. 61G17-1 ORGANIZATION AND PURPOSE

CHAPTER 61G17-1 ORGANIZATION AND PURPOSE 61G17-1.0051 Probable Cause Panel (Transferred to 5J-17.001) 61G17-1.0071 Attendance at Board Meetings (Transferred to 5J-17.002) 61G17-1.010 Approved Schools and Colleges (Transferred to 5J-17.003) 61G17-1.011 Board Member Compensation (Transferred to 5J-17.004) 61G17-1.013 Security and Monitoring Procedures for Licensure Examination (Transferred to 5J-17.005) 61G17-1.019 Notice of Mailing Address and Places of Practice (Transferred to 5J-17.006) 61G17-1.020 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States (Transferred to 5J-17.007) 61G17-1.0051 Probable Cause Panel. Rulemaking Authority 120.53(1), 455.225, 472.008 FS. Law Implemented 120.53(1)(c), 455.225 FS. History–New 2-7-91, Amended 3-23-93, Formerly 21HH-1.0051, Amended 5-31-95, 7-27-00, Transferred to 5J-17.001. 61G17-1.0071 Attendance at Board Meetings. Rulemaking Authority 455.207 FS. Law Implemented 455.207 FS. History–New 3-23-93, Formerly 21HH-1.0071, Transferred to 5J-17.002. 61G17-1.010 Approved Schools and Colleges. Rulemaking Authority 472.013(4) FS. Law Implemented 472.013(4) FS. History–New 1-3-80, Formerly 21HH-1.10, 21HH-1.010, Amended 5-31-95, 12-31-00, 2-23-05, Transferred to 5J-17.003. 61G17-1.011 Board Member Compensation. Rulemaking Authority 455.207(4) FS. Law Implemented 455.207(4) FS. History–New 5-23-82, Formerly 21HH-1.11, 21HH-1.011, Amended 5-31-95, Transferred to 5J-17.004. 61G17-1.013 Security and Monitoring Procedures for Licensure Examination. Rulemaking Authority 455.217(1)(d), 120.54(8) FS. Law Implemented 455.217(1)(d) FS. History–New 4-15-82, Formerly 21HH-1.13, 21HH-1.013, Transferred to 5J-17.005. 61G17-1.019 Notice of Mailing Address and Places of Practice. Rulemaking Authority 455.275 FS. Law Implemented 455.275 FS. History–New 8-3-00, Transferred to 5J-17.006. 61G17-1.020 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States. Rulemaking Authority 455.02(2) FS. Law Implemented 455.02(2) FS. History–New 6-17-04, Transferred to 5J-17.007.

Chapter 61G17-2 GROUNDS FOR DISCIPLINE

Fla. Admin. Code R. 61G17-2 GROUNDS FOR DISCIPLINE

CHAPTER 61G17-2 GROUNDS FOR DISCIPLINE 61G17-2.001 Grounds for Discipline (Transferred) 61G17-2.0015 Disciplinary Guidelines (Transferred) 61G17-2.002 Payment of Fine (Transferred) 61G17-2.003 Unauthorized Practice of Surveying and Mapping by or as Part of a Business Entity (Transferred) 61G17-2.004 Reapplication by Persons Whose Licenses Have Been Revoked by the Board (Transferred) 61G17-2.005 Statement Regarding Lack of Insurance (Transferred) 61G17-2.006 Time for Compliance With Final Order; Probation (Transferred) 61G17-2.001 Grounds for Discipline. Rulemaking Authority 455.227, 472.008, 472.033(2) FS. Law Implemented 455.227, 472.008, 472.015, 472.025, 472.033(1)(f), (g), (h), (2), 472.027 FS. History–New 1-3-80, Formerly 21HH-2.01, Amended 9-1-88, Formerly 21HH-2.001, Amended 6-1-95, 10-13-97, 9-19-06, Transferred to 5J-17.010. 61G17-2.0015 Disciplinary Guidelines. Rulemaking Authority 472.008, 472.033 FS. Law Implemented 472.033 FS. History–New 3-13-03, Amended 3-17-04, 9-19-06, Transferred to 5J-17.011. 61G17-2.002 Payment of Fine. Rulemaking Authority 472.033(3)(c) FS. Law Implemented 472.033(3)(c) FS. History–New 10-29-80, Formerly 21HH-2.02, 21HH-2.002, Amended 6-1-95, Transferred to 5J-17.012. 61G17-2.003 Unauthorized Practice of Surveying and Mapping by or as Part of a Business Entity. Rulemaking Authority 472.008, 472.033 FS. Law Implemented 472.021, 472.033 FS. History–New 3-12-92, Formerly 21HH-2.003, Amended 6-1-95, 5-17-00, Transferred to 5J-17.013. 61G17-2.004 Reapplication by Persons Whose Licenses Have Been Revoked by the Board. Rulemaking Authority 455.227 FS. Law Implemented 455.227 FS. History–New 3-23-93, Formerly 21HH-2.004, Amended 6-1-95, Transferred to 5J-17.014. 61G17-2.005 Statement Regarding Lack of Insurance. Rulemaking Authority 472.015 FS. Law Implemented 472.015 FS. History–New 2-20-96, Amended 12-6-06, Transferred to 5J-17.015. 61G17-2.006 Time for Compliance With Final Order; Probation. Rulemaking Authority 455.227(2), 472.008 FS. Law Implemented 455.227(2), 472.033(2) FS. History–New 2-23-05, Transferred to 5J-17.016.

Chapter 61G17-3 EXPERIENCE AND EDUCATION REQUIRED FOR EXAMINATION

Fla. Admin. Code R. 61G17-3 EXPERIENCE AND EDUCATION REQUIRED FOR EXAMINATION

CHAPTER 61G17-3 EXPERIENCE AND EDUCATION REQUIRED FOR EXAMINATION 61G17-3.001 Experience (Transferred) 61G17-3.0021 Education (Transferred) 61G17-3.0025 Domestic Equivalency Education Program Criteria for Applicants Who Graduated from Non-ABET Accredited Surveying and Mapping Degree Programs (Transferred) 61G17-3.003 Foreign Degree Evaluation (Transferred) 61G17-3.0031 Documentation of Substantially Equivalent Licensing Examination (Transferred) 61G17-3.004 Application for Retired Status (Transferred) 61G17-3.001 Experience. Rulemaking Authority 472.008 FS. Law Implemented 472.013 FS. History–New 1-3-80, Amended 6-9-80, 1-11-84, Formerly 21HH-3.01, Amended 1-16-92, Formerly 21HH-3.001, Amended 5-30-95, 10-1-97, 5-17-00, 3-25-01, 7-7-09, Transferred to 5J-17.020. 61G17-3.0021 Education. Rulemaking Authority 472.013 FS. Law Implemented 472.005, 472.013 FS. History–New 9-7-93, Amended 5-30-95, 10-1-97, 5-17-00, 11-2-00, 2-5-01, Transferred to 5J-17.021. 61G17-3.0025 Domestic Equivalency Education Program Criteria for Applicants Who Graduated from Non-ABET Accredited Surveying and Mapping Degree Programs. Rulemaking Authority 472.013 FS. Law Implemented 472.008, 472.013 FS. History–New 1-29-07, Transferred to 5J-17.025. 61G17-3.003 Foreign Degree Evaluation. Rulemaking Authority 472.013(4) FS. Law Implemented 472.013(4) FS. History–New 1-12-03, Transferred to 5J-17.026. 61G17-3.0031 Documentation of Substantially Equivalent Licensing Examination. Rulemaking Authority 472.008 FS., Section 5, Chapter 2002-41, Laws of Florida. Law Implemented 472.008 FS., Section 5, Chapter 2002-41, Laws of Florida. History–New 10-23-02, Transferred to 5J-17.027. 61G17-3.004 Application for Retired Status. Rulemaking Authority 472.008, 472.019 FS. Law Implemented 472.005(13), 472.019 FS. History–New 9-25-03, Transferred to 5J-17.028.

Chapter 61G17-4 EXAMINATION

Fla. Admin. Code R. 61G17-4 EXAMINATION

CHAPTER 61G17-4 EXAMINATION 61G17-4.001 Written Examination Designated; General Requirements (Transferred) 61G17-4.002 Content of Examination (Transferred) 61G17-4.003 Grading Criteria and Procedures (Transferred) 61G17-4.004 Grading (Transferred) 61G17-4.006 Grades Review Procedure (Transferred) 61G17-4.007 Re-examination (Transferred) 61G17-4.001 Written Examination Designated; General Requirements. Rulemaking Authority 455.217(1), 472.008 FS. Law Implemented 455.217(1), 472.013, 472.015 FS. History–New 1-3-80, Amended 6-9-80, 1-25-84, 5-22-85, Formerly 21HH-4.01, Amended 9-16-87, 8-30-92, Formerly 21HH-4.001, Amended 5-30-95, 11-15-95, 4-16-96, 8-10-97, 7-27-00, 10-31-08, 7-7-09, Transferred to 5J-17.031. 61G17-4.002 Content of Examination. Rulemaking Authority 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 1-3-80, Amended 1-25-84, Formerly 21HH-4.02, Amended 9-16-87, 12-13-88, 8-30-92, Formerly 21HH-4.002, Amended 5-30-95, 5-17-99, 7-9-00, 10-31-08, Transferred to 5J-17.032. 61G17-4.003 Grading Criteria and Procedures. Rulemaking Authority 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 1-3-80, Amended 10-29-80, 4-19-82, 1-25-84, Formerly 21HH-4.03, Amended 9-16-87, 8-30-92, Formerly 21HH-4.003, Amended 9-7-93, 4-6-94, 5-30-95, 11-10-08, Transferred to 5J-17.033. 61G17-4.004 Grading. Rulemaking Authority 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 1-3-80, Amended 6-9-80, 8-27-81, 1-25-84, Formerly 21HH-4.04, Amended 8-30-92, Formerly 21HH-4.004, Amended 5-30-95, 11-15-95, 7-27-00, 10-31-08, Transferred to 5J-17.034. 61G17-4.006 Grades Review Procedure. Rulemaking Authority 455.217(2), 472.013 FS. Law Implemented 455.217(2), 472.013 FS. History–New 1-3-80, Formerly 21HH-4.06, 21HH-4.006, Amended 5-30-95, 5-17-00, 10-31-08, Transferred to 5J-17.036. 61G17-4.007 Re-examination. Rulemaking Authority 455.217(2), 472.013 FS. Law Implemented 455.217(2), 472.013 FS. History–New 1-3-80, Formerly 21HH-4.07, 21HH-4.007, Amended 5-30-95, 9-26-01, Transferred to 5J-17.037.

Chapter 61G17-5 CONTINUING EDUCATION

Fla. Admin. Code R. 61G17-5 CONTINUING EDUCATION

CHAPTER 61G17-5 CONTINUING EDUCATION 61G17-5.001 Continuing Education Requirements for Reactivation of Inactive License (Transferred) 61G17-5.0031 Continuing Education Credit for Biennial Renewal (Transferred) 61G17-5.0032 Proof of Continuing Education Credit Earned (Transferred) 61G17-5.0041 Board Approval of Continuing Education Providers (Transferred) 61G17-5.0043 Obligations of Continuing Education Providers (Transferred) 61G17-5.0044 Evaluations of Providers (Transferred) 61G17-5.0045 Duration of Provider Status (Transferred) 61G17-5.0051 Approval of Classes (Transferred) 61G17-5.001 Continuing Education Requirements for Reactivation of Inactive License. Rulemaking Authority 472.019(2) FS. Law Implemented 455.271(9), 472.019(2) FS. History–New 10-29-80, Formerly 21HH-5.01, Amended 2-7-91, Formerly 21HH-5.001, Amended 3-28-94, 5-30-95, 10-13-97, 6-29-00, 6-22-03, 6-20-06, 1-29-07, Transferred to 5J-17.040. 61G17-5.0031 Continuing Education Credit for Biennial Renewal. Rulemaking Authority 455.2124(2), 472.008, 472.018 FS. Law Implemented 455.2124(2), 455.2179, 472.018 FS. History–New 3-28-94, Amended 5-30-95, 9-21-98, 7-27-00, 6-22-03, 6-23-05, 6-20-06, Transferred to 5J-17.041. 61G17-5.0032 Proof of Continuing Education Credit Earned. Rulemaking Authority 472.008, 472.018, 472.033 FS. Law Implemented 472.018, 472.033 FS. History–New 3-28-94, Amended 5-30-95, 10-13-97, 5-31-00, Transferred to 5J-17.042. 61G17-5.0041 Board Approval of Continuing Education Providers. Rulemaking Authority 455.2179(4), 455.219, 472.008, 472.011(2), (3), (5), 472.018, 472.033 FS. Law Implemented 455.2179(3) 455.219, 472.011(2), (3), (5), (9), 472.018, 472.033 FS. History–New 3-28-94, Amended 5-30-95, 5-31-00, 8-18-03, Transferred to 5J-17.043. 61G17-5.0043 Obligations of Continuing Education Providers. Rulemaking Authority 455.2178, 455.219, 472.008, 472.011, 472.018 FS. Law Implemented 455.2123, 472.018 FS. History–New 3-28-94, Amended 5-30-95, 7-27-00, 8-18-03, 8-18-04, 12-28-05, 1-29-07, Transferred to 5J-17.044. 61G17-5.0044 Evaluations of Providers. Rulemaking Authority 472.008, 472.018 FS. Law Implemented 472.018 FS. History–New 3-28-94, Amended 5-30-95, 5-31-00, 8-18-03, Transferred to 5J-17.045. 61G17-5.0045 Duration of Provider Status. Rulemaking Authority 472.008, 472.018 FS. Law Implemented 455.2179(1), 472.018 FS. History–New 3-28-94, Amended 5-30-95, 5-31-00, 6-22-03, Transferred to 5J-17.046. 61G17-5.0051 Approval of Classes. Rulemaking Authority 472.008, 472.018 FS. Law Implemented 472.018 FS. History–New 8-18-03, Amended 6-23-05, 12-28-05, 6-20-06, Transferred to 5J-17.047.

Chapter 61G17-6 MINIMUM TECHNICAL STANDARDS

Fla. Admin. Code R. 61G17-6 MINIMUM TECHNICAL STANDARDS

CHAPTER 61G17-6 MINIMUM TECHNICAL STANDARDS 61G17-6.002 Definitions (Transferred) 61G17-6.003 General Survey, Map, and Report Content Requirements (Transferred) 61G17-6.004 Specific Survey, Map, and Report Requirements (Transferred) 61G17-6.002 Definitions. Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.027 FS. History–New 9-1-81, Formerly 21HH-6.02, Amended 12-18-88, Formerly 21HH-6.002, Amended 12-25-95, 5-25-99, 3-25-01, 3-13-03, 4-4-06, Transferred to 5J-17.050. 61G17-6.003 General Survey, Map, and Report Content Requirements. Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.025, 472.027 FS. History–New 9-1-81, Amended 7-29-85, Formerly 21HH-6.03, Amended 12-18-88, 11-27-89, 5-26-91, Formerly 21HH-6.003, Amended 12-25-95, 5-13-96, 11-3-97, 5-25-99, 4-4-06, 8-31-06, 8-18-08, Transferred to 5J-17.051. 61G17-6.004 Specific Survey, Map, and Report Requirements. Rulemaking Authority 472.008, 472.027 FS. Law Implemented 472.027 FS. History–New 9-1-81, Formerly 21HH-6.04, Amended 12-18-88, Formerly 21HH-6.004, Amended 12-25-95, 5-13-96, 5-25-99, 4-4-06, 8-31-06, 8-18-08, Transferred to 5J-17.052.

Chapter 61G17-7 SEALS, SIGNATURES AND CERTIFICATES OF AUTHORIZATION

Fla. Admin. Code R. 61G17-7 SEALS, SIGNATURES AND CERTIFICATES OF AUTHORIZATION

CHAPTER 61G17-7 SEALS, SIGNATURES AND CERTIFICATES OF AUTHORIZATION 61G17-7.001 Seals Acceptable to the Board (Transferred) 61G17-7.002 Seal and Signature (Transferred) 61G17-7.0025 Procedures for Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents (Transferred) 61G17-7.003 Certificates of Authorization (Transferred) 61G17-7.001 Seals Acceptable to the Board. Rulemaking Authority 472.008, 472.025 FS. Law Implemented 472.025 FS. History–New 1-3-80, Amended 6-9-80, Formerly 21HH-7.01, 21HH-7.001, Amended 5-30-95, 10-25-95, 12-13-99, 11-18-01, 10-23-02, Transferred to 5J-17.060. 61G17-7.002 Seal and Signature. Rulemaking Authority 472.025 FS. Law Implemented 472.025 FS. History–New 1-3-80, Amended 9-13-83, Formerly 21HH-7.02, 21HH-7.002, Amended 5-30-95, 5-13-96, 11-3-97. , Transferred to 5J-17.061 61G17-7.0025 Procedures for Signing and Sealing Electronically Transmitted Plans, Specifications, Reports or Other Documents. Rulemaking Authority 472.008, 472.025 FS. Law Implemented 472.025 FS. History–New 2-1-00, Amended 12-16-07, Transferred to 5J-17.062. 61G17-7.003 Certificates of Authorization. Rulemaking Authority 472.021 FS. Law Implemented 472.021 FS. History–New 3-22-84, Formerly 21HH-7.03, Amended 3-12-92, Formerly 21HH-7.003, Amended 5-30-95, 5-21-00, 3-25-01, 5-24-06, Transferred to 5J-17.063.

Chapter 61G17-8 FEES

Fla. Admin. Code R. 61G17-8 FEES

CHAPTER 61G17-8 FEES 61G17-8.0011 Fees (Transferred) 61G17-8.002 Fee to Enforce Prohibition Against Unlicensed Activity (Transferred) 61G17-8.0011 Fees. Rulemaking Authority 472.011, 455.213(2), 455.217(2), 472.013(2)(a) FS. Law Implemented 455.217(2), 472.011, 472.013(2)(a), 472.019(2), 472.023 FS. History–New 1-5-95, Amended 4-2-98, 7-27-00, 6-20-06, Transferred to 5J-17.070. 61G17-8.002 Fee to Enforce Prohibition Against Unlicensed Activity. Rulemaking Authority 455.2281 FS. Law Implemented 455.2281 FS. History–New 3-23-93, Formerly 21HH-8.002, Transferred to 5J-17.071.

Chapter 61G17-9 PENALTIES

Fla. Admin. Code R. 61G17-9 PENALTIES

CHAPTER 61G17-9 PENALTIES 61G17-9.004 Citations (Transferred) 61G17-9.0045 Notices of Noncompliance (Transferred) 61G17-9.005 Mediation (Transferred) 61G17-9.006 Probation (Transferred) 61G17-9.0065 Surrender of Seal and Cancellation of Digital Signature (Transferred) 61G17-9.007 Survey Review (Transferred) 61G17-9.004 Citations. Rulemaking Authority 455.224, 472.008 FS. Law Implemented 455.224, 472.033(2) FS. History–New 1-16-92, Formerly 21HH-9.004, Amended 2-20-96, 10-29-06, 6-11-07, Transferred to 5J-17.080. 61G17-9.0045 Notices of Noncompliance. Rulemaking Authority 455.225(3) FS. Law Implemented 455.225(3) FS. History–New 12-25-95, Amended 10-1-97, 4-8-07, Transferred to 5J-17.081. 61G17-9.005 Mediation. Rulemaking Authority 455.2235 FS. Law Implemented 455.2235 FS. History–New 5-30-95, Transferred to 5J-17.082. 61G17-9.006 Probation. Rulemaking Authority 455.2124(2), 472.008, 472.018 FS. Law Implemented 455.2179, 472.018, 472.033(3)(e) FS. History–New 12-25-95, Amended 10-27-05, Transferred to 5J-17.083. 61G17-9.0065 Surrender of Seal and Cancellation of Digital Signature. Rulemaking Authority 472.025 FS. Law Implemented 472.025 FS. History–New 10-27-05, Transferred to 5J-17.084. 61G17-9.007 Survey Review. Rulemaking Authority 472.008, 472.013(4) FS. Law Implemented 472.013(4), 472.033(2)(e) FS. History–New 12-25-95, Amended 10-1-97, 5-17-99, 2-23-05, 6-20-06, Transferred to 5J-17.085.

Chapter 61G17-10 REINSTATEMENT OF NULL AND VOID LICENSE

Fla. Admin. Code R. 61G17-10 REINSTATEMENT OF NULL AND VOID LICENSE

CHAPTER 61G17-10 REINSTATEMENT OF NULL AND VOID LICENSE 61G17-10.001 Reinstatement of Null and Void License (Transferred) 61G17-10.001 Reinstatement of Null and Void License. Rulemaking Authority 455.271(6)(b) FS. Law Implemented 455.271(6)(b) FS. History–New 6-20-06, Transferred to 5J-17.048.

Division 61G18 Board of Veterinary Medicine

Chapter 61G18-10 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE PANEL, PROCEDURES

Fla. Admin. Code R. 61G18-10 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE PANEL, PROCEDURES

CHAPTER 61G18-10 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE PANEL, PROCEDURES 61G18-10.0065 Notice to the Department of Mailing Address and Place of Practice of Licensee 61G18-10.008 Probable Cause Panel 61G18-10.018 Other Board Business for Which Compensation Is Allowed 61G18-10.024 Public Comment 61G18-10.0065 Notice to the Department of Mailing Address and Place of Practice of Licensee. Each licensee and registrant shall provide by certified mail written notification to the department the licensee’s current mailing address and place of practice upon change thereof or license renewal. The term “place of practice” means the address of the physical location where the veterinarian practices veterinary medicine. Rulemaking Authority 455.275 FS. Law Implemented 455.275 FS. History–New 2-6-95. 61G18-10.008 Probable Cause Panel. (1) The determination as to whether probable cause exists to believe that a violation of the provisions of chapter 455 or 474, F.S., or of the rules promulgated thereunder has occurred, shall be made by a majority vote of the probable cause panel. (2) The probable cause panel shall be composed of no less than two (2) nor more than three (3) members of the Board of Veterinary Medicine. Not more than one (1) member of the panel may be a lay member. The Chairman may appoint former members of the board to serve on the probable cause panel. Not more than two (2) members of the panel may be former Board members. However, the probable cause panel must have at least one current member of the Board of Veterinary Medicine in attendance as a voting member in order to conduct business. (3) The probable cause panel members shall be assigned by the Chairman of the Board, and shall meet as necessary or at such times as called by the Chairman of the Board. Rulemaking Authority 455.225, 474.206 FS. Law Implemented 455.225 FS. History–New 11-14-79, Formerly 21X-10.08, 21X-10.008, Amended 2-6-95, 2-26-13, 2-19-14. 61G18-10.018 Other Board Business for Which Compensation Is Allowed. The following are considered to be other business involving the Board as required by section 455.207(4), F.S. The following are considered to be other business involving the Board as required by section 455.207(4), F.S. (1) All joint Board or Committee meetings required by statutes, Board rule or Board action. (2) Meetings of Board members with Department staff or contractors of the Department at the Department’s or the Board’s request. Any participation or meeting of members noticed or unnoticed will be on file in the Board office. (3) Where a Board member has been requested by the Secretary of the Department to participate in a meeting. (4) Probable Cause Panel Meeting. (5) All activity of Board members, if authorized by the Board, when grading, proctoring or reviewing examinations given by the Department. (6) All participation in Board authorized meetings with professional associates of which the Board is a member or invitee. This would include all meetings of national associations of registration Boards of which the Board is a member as well as Board authorized participation in meetings of national or professional associations or organizations involved in educating, regulating or reviewing the profession over which the Boards has statutory authority. (7) Any and all other activities which are Board approved and which are necessary for Board members to attend in order to further protect the public health, safety and welfare, through the regulation of which the Board has statutory authority. Rulemaking Authority 455.207(4) FS. Law Implemented 455.207(4) FS. History–New 12-10-81, Amended 4-7-85, Formerly 21X-10.18, 21X-10.018. 61G18-10.024 Public Comment. The Board of Veterinary Medicine invites and encourages all members of the public to provide comment on matters or propositions before the Board or a committee of the Board. The opportunity to provide comment shall be subject to the following: (1) Members of the public will be given an opportunity to provide comment on subject matters before the Board after an agenda item is introduced at a properly noticed Board meeting. (2) Members of the public shall be limited to five (5) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Board members, staff or Board counsel. The chair of the Board may extend the time to provide comment if time permits. (3) Members of the public shall notify Board staff in writing of their interest to be heard on a proposition or matter before the Board. The notification shall identify the person or entity, indicate support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons consisting of two (2) or more persons. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 3-23-14.

Chapter 61G18-11 EXAMINATION FOR LICENSURE, REEXAMINATION, AND EXAMINATION REVIEW

Fla. Admin. Code R. 61G18-11 EXAMINATION FOR LICENSURE, REEXAMINATION, AND EXAMINATION REVIEW

CHAPTER 61G18-11 EXAMINATION FOR LICENSURE, REEXAMINATION, AND EXAMINATION REVIEW 61G18-11.002 Examination and Licensure 61G18-11.003 Reexamination (Repealed) 61G18-11.004 Examination Review and Procedure 61G18-11.002 Examination and Licensure. (1) An applicant for any of the required examinations must apply to the Department and pay the appropriate examination fee. An applicant will have completed the requirements of Section 474.207(2)(b), F.S., or be enrolled in the last year of the veterinary medical curriculum of a college of veterinary medicine accredited by the American Veterinary Medical Association’s Council on Education. This application will remain valid for twenty four (24) months. (2) An applicant for licensure will have complied with the requirements in Section 474.207, F.S. (3) Effective on November 1, 2000, there shall be two examinations. (a) The first examination will be the North American Veterinary Licensing Examination (NAVLE) developed by the International Council for Veterinary Assessment (ICVA). (b) The second examination concerns laws and rules related to the practice of veterinary medicine. The context of the second test shall include the following subjects: The Veterinary Medical Practice Act, Chapter 474, F.S.; Chapter 455, F.S., relating to the Department of Business and Professional Regulation; Division 61G18, F.A.C., the rules promulgated by the Board of Veterinary Medicine; Chapters 465, 499, 585, 828 and 893, F.S.; and the 2006 Edition of the “Practitioner’s Manual,” an informational outline of the Controlled Substances Act of 1970, published by the Drug Enforcement Administration of the United States Department of Justice, which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12135 or which can be found at https://www.deadiversion.usdoj.gov/pubs/manuals/pract/index.html. (c) Applicants for licensure by examination who submit their applications for licensure as a Florida Veterinarian prior January 1, 2021, may, in lieu of passing the laws and rules examination set forth in paragraph (3)(b), above, successfully complete an on-line course or courses, approved by the Board, addressing the subjects outlined in paragraph (3)(b), above. (4) In order to obtain licensure, the candidate must receive a passing score on each portion of the examination. The candidate must receive a score of 425 on the NAVLE. A candidate who fails to achieve a passing score on any part of the examination will only be required to retake the parts failed so long as those scores remain valid. (5) A passing score on the veterinary Laws and Rules examination shall be a score of seventy percent (70%) or better. All questions shall be weighted equally and percentages shall be rounded off to whole numbers. In rounding percentages, any percentage which is point five (.5) or above shall be rounded up to the next whole number. Percentages less than point five (.5) shall be dropped. To be valid, a passing score on the veterinary law portion of the examination must have been achieved on an examination taken within the two year period prior to the date of the administration of the first examination offered in Florida subsequent to the filing of the application for licensure. (6) The North American Veterinary Licensing Examination (NAVLE) may be taken in another state or Canada and the scores may, upon submission of an application for licensure and the application fee, be transferred to Florida for purposes of satisfying the North American Veterinary Licensing Examination’s (NAVLE) portion of the examination for licensure. The concerned North American Veterinary Licensing Examination (NAVLE) must have been taken and successfully completed as outlined above within five years prior to the date of the administration of the first examination offered in Florida subsequent to the filing of the application for licensure. Rulemaking Authority 455.217, 474.206, 474.207 FS. Law Implemented 455.217, 474.207 FS. History–New 11-14-79, Amended 5-11-80, 7-9-80, 5-4-81, 12-10-81, 12-5-82, 5-15-83, 11-5-84, 5-7-85, 11-5-85, Formerly 21X-11.02, Amended 3-1-88, 11-24-88, 4-3-89, 4-13-92, 3-30-93, 7-13-93, Formerly 21X-11.002, Amended 7-4-94, 3-20-95, 3-29-95, 5-1-95, 5-27-99, 12-25-05, 6-28-07, 8-29-10, 9-26-12, 6-26-17, 9-23-20. 61G18-11.003 Reexamination. Rulemaking Authority 474.206, 455.217(2) FS. Law Implemented 474.2065, 474.207, 455.217(2) FS. History–New 11-14-79, Amended 4-6-81, 5-7-85, Formerly 21X-11.03, Amended 11-2-88, 2-25-90, 4-13-92, Formerly 21X-11.003, Repealed 3-4-12. 61G18-11.004 Examination Review and Procedure. Any applicant that takes the examination may, at a mutually convenient time, examine his answers and questions, papers, grades and grading key, upon such terms and conditions as set forth by the Department of Business and Professional Regulation in Section 455.217, F.S. All such reviews shall be subject to national testing security requirements in order to insure the integrity of the examination. Rulemaking Authority 455.217(2) FS. Law Implemented 455.217(2) FS. History–New 11-14-79, Amended 4-6-81, Formerly 21X-11.04, 21X-11.004, Amended 7-4-94.

Chapter 61G18-12 FEE SCHEDULE

Fla. Admin. Code R. 61G18-12 FEE SCHEDULE

CHAPTER 61G18-12 FEE SCHEDULE 61G18-12.001 Collection and Payment of Fees (Repealed) 61G18-12.002 Examination and Reexamination Fees 61G18-12.005 Renewal of Active Status License Fee for Veterinarians 61G18-12.006 Delinquency Fee 61G18-12.007 Initial Licensure Fee 61G18-12.008 Reactivation Fee 61G18-12.0085 Processing Fee 61G18-12.009 Renewal Fee for Inactive Status License 61G18-12.010 Temporary License Fee 61G18-12.011 Licensure by Endorsement 61G18-12.012 Late Permit Application Fee (Repealed) 61G18-12.013 Periodic Inspection Fee 61G18-12.014 Premises Permit or Mobile Clinic Permit Fee 61G18-12.015 Examination Review Fee for Applicants for Licensure as a Veterinarian 61G18-12.016 Duplicate License Fee 61G18-12.017 Fee to Enforce Unlicensed Activity (Repealed) 61G18-12.018 Limited Service Permit Fee 61G18-12.019 Reinstatement of a Null and Void Licensee Fee 61G18-12.001 Collection and Payment of Fees. Rulemaking Authority 474.206 FS. Law Implemented 474.206, 455.213 FS. History–New 11-14-79, Formerly 21X-12.01, 21X-12.001, Repealed 9-28-15. 61G18-12.002 Examination and Reexamination Fees. (1) Any time a person applies to take or retake any or all portions of an examination, as set forth below, that person must submit an application on forms provided by the department, an application fee of $100.00, and an examination fee for each portion of the examination to be taken. (2) For those applicants taking the Laws and Rules examination, when the examination is not conducted by a professional testing service pursuant to Section 455.2171, F.S., the examination fee shall be $165.00 payable to the department. When the examination is conducted by a professional testing service pursuant to Section 455.2171, F.S., the examination fee shall be $140.25 payable to the department plus $24.75 payable to the testing service. When conducted by a professional testing service, applicants retaking the Laws and Rules examination shall only pay the fee payable to the testing service. (3) The examination and reexamination fees are refundable only if the applicant is ruled ineligible to take the examination. Rulemaking Authority 474.206, 474.2065, 474.207(2)(a), 455.217, 455.219 FS. Law Implemented 474.2065, 474.207(2), 455.213, 455.217(2), 455.2171, 455.219 FS. History–New 11-14-79, Amended 5-11-80, 4-6-81, 9-1-82, 12-5-82, 10-17-85, Formerly 21X-12.02, Amended 3-15-87, 11-2-88, 1-29-92, Formerly 21X-12.002, Amended 5-16-94, 7-4-95, 5-27-99, 8-18-05, 6-28-16, 10-24-22. 61G18-12.005 Renewal of Active Status License Fee for Veterinarians. The fee for biennial renewal of an active status license shall be $260.00. Rulemaking Authority 474.206, 474.211 FS. Law Implemented 474.211, 474.2065 FS. History–New 11-14-79, Amended 3-1-84, Formerly 21X-12.05, Amended 12-14-87, 7-26-89, Formerly 21X-12.005, Amended 2-6-95, 5-27-99, 12-16-03. 61G18-12.006 Delinquency Fee. A delinquent status licensee shall pay a delinquency fee of twenty-five ($25.00) dollars when the licensee applies for active or inactive status. Rulemaking Authority 455.271 FS. Law Implemented 455.271 FS. History–New 2-6-95, Amended 5-8-00, 12-16-03, 4-5-18. 61G18-12.007 Initial Licensure Fee. The initial licensure fee shall be $100. Rulemaking Authority 455.213(2), 474.106, 474.2065 FS. Law Implemented 455.213(2), 474.2065 FS. History–New 12-12-83, Amended 5-2-84, Formerly 21X-12.07, Amended 12-14-87, 7-26-89, Formerly 21X-12.007, Amended 9-24-96, 6-11-17. 61G18-12.008 Reactivation Fee. The fee for reactivation of an inactive status license shall be fifty dollars ($50.00) and the active renewal fee of two hundred and sixty dollars ($260.00), as set forth in Rule 61G18-12.005, F.A.C., less the inactive renewal fee of fifty dollars ($50.00) if paid previously in the renewal cycle. Rulemaking Authority 474.206, 474.2065 FS. Law Implemented 474.2065 FS. History–New 3-1-84, Formerly 21X-12.08, 21X-12.008, Amended 1-9-95, 10-3-23. 61G18-12.0085 Processing Fee. The fee for processing a licensee’s request to change licensure status at any time other than at the beginning of a licensing cycle shall be fifty dollars ($50.00). The licensure cycle shall begin 90 days before the biennial date and the end on the biennial renewal date. Rulemaking Authority 455.271 FS., as created by Chapter 94-119, Laws of Florida. Law Implemented 455.271 FS., as created by Chapter 94-119, Laws of Florida. History–New 2-6-95. 61G18-12.009 Renewal Fee for Inactive Status License. The fee for renewal of an inactive license shall be fifty dollars ($50.00). Rulemaking Authority 474.206 FS. Law Implemented 455.271(3), 474.2065 FS. History–New 3-1-84, Formerly 21X-12.09, 21X-12.009, Amended 1-5-95, 4-25-00, 12-16-03, 5-23-23. 61G18-12.010 Temporary License Fee. The fee for a temporary license to practice veterinary medicine shall be two hundred dollars ($200.00). Rulemaking Authority 474.206, 474.2065, 474.2125(2) FS. Law Implemented 474.2065, 474.2125 FS. History–New 10-13-85, Formerly 21X-12.10, 21X-12.010. 61G18-12.011 Licensure by Endorsement. The fee for applicants seeking licensure by endorsement shall be five hundred dollars ($500.00). Rulemaking Authority 474.206, 474.2065, 474.217 FS. Law Implemented 474.2065, 474.217 FS. History–New 10-13-85, Formerly 21X-12.11, Amended 1-28-93, Formerly 21X-12.011. 61G18-12.012 Late Permit Application Fee. Rulemaking Authority 474.206 FS. Law Implemented 474.206, 455.213 FS. History–New 11-14-79, Formerly 21X-12.01, 21X-12.001, Repealed 9-28-15. 61G18-12.013 Periodic Inspection Fee. The fee to be charged for the periodic inspection of veterinarian establishments possessing a premise permit or mobile clinic permit shall be $60.00. The fee to be charged for any reinspection of an establishment as a result of deficiencies noted at the time of the periodic inspection shall be $60.00 for each reinspection. Rulemaking Authority 474.206, 474.2065, 455.219 FS. Law Implemented 474.2065, 474.215, 455.219 FS. History–New 10-13-85, Formerly 21X-12.13, Amended 11-2-88, 7-14-91, Formerly 21X-12.013. 61G18-12.014 Premises Permit or Mobile Clinic Permit Fee. Each application for a premises permit or a mobile clinic permit must be accompanied by payment of a fee of $250.00. The fee shall be waived if the permises is owned by a business with a current 501(c)(3) designation form from the Internal Revenue Service. Rulemaking Authority 474.206, 474.215, 455.219 FS. Law Implemented 474.215, 455.219 FS. History–New 11-2-88, Amended 2-25-90, Formerly 21X-12.014, Amended 11-9-23. 61G18-12.015 Examination Review Fee for Applicants for Licensure as a Veterinarian. The fee for review of the examination by an applicant for licensure as a veterinarian shall be $55.00. Rulemaking Authority 474.206 FS. Law Implemented 455.217(3) FS. History–New 3-26-90, Formerly 21X-12.015. 61G18-12.016 Duplicate License Fee. The fee for issuing a duplicate copy of a previously issued license shall be $25.00. Rulemaking Authority 474.206, 474.2065, 119.07 FS. Law Implemented 474.2065 FS. History–New 1-29-92, Formerly 21X-12.016. 61G18-12.017 Fee to Enforce Unlicensed Activity. Rulemaking Authority 455.2281 FS. Law Implemented 455.2281 FS. History–New 5-16-94, Repealed 11-25-15. 61G18-12.018 Limited Service Permit Fee. The fee for a limited service permit shall be two hundred fifty dollars ($250.00) per biennium. The limited service permittee shall pay an annual twenty-five dollar ($25.00) fee to register each location where limited service clinics are held. The registration for each location shall be renewed on June 1st of each year. The limited services biennial permit renewal shall coincide with the renewal for veterinarians. Rulemaking Authority 474.206, 474.215 FS. Law Implemented 474.215 FS. History–New 3-16-95. 61G18-12.019 Reinstatement of a Null and Void License Fee. Reinstatement of a null and void license must be accompanied by payment of a fee of $260.00. Rulemaking Authority 474.206, 474.215, 455.219 FS. Law Implemented 474.215, 455.219, 455.271 FS. History–New 6-28-07.

Chapter 61G18-13 SCHOOLS

Fla. Admin. Code R. 61G18-13 SCHOOLS

CHAPTER 61G18-13 SCHOOLS 61G18-13.002 Approved Schools (Repealed) 61G18-13.002 Approved Schools. Rulemaking Authority 474.206, 474.207(2)(b) FS. Law Implemented 474.207(2)(b) FS. History–New 7-4-94, Repealed 3-4-12.

Chapter 61G18-14 ENDORSEMENT

Fla. Admin. Code R. 61G18-14 ENDORSEMENT

CHAPTER 61G18-14 ENDORSEMENT 61G18-14.002 Licensure by Endorsement 61G18-14.003 Endorsement Definitions (Repealed) 61G18-14.002 Licensure by Endorsement. (1) An applicant for licensure by endorsement must submit an application on forms provided by the department and an application fee. The application fee must accompany the application. (2) Licensure by endorsement is governed by Section 474.217, F.S. (3) For purposes of Section 474.217(1), F.S. (a) Applicants must submit an official score transfer from American Association of State Veterinary Boards (AAVSB) for the North American Veterinary Licensing Examination (NAVLE) or National Board Examination (NBE) and Clinical Competency Test (CCT). If licensed prior to 1979 applicants only need to submit an official score transfer for the National Board Examination (NBE). (b) Applicants who have taken an exam other than those listed above must submit a detailed psychomentric evaluation of the exam demonstrating that the exam taken is equivalent or more stringent than the examination required in Florida. (4) Applicants for licensure by endorsement shall demonstrate knowledge of the laws and rules governing the practice of veterinary medicine of Florida by successfully completing the laws and rules portion of the licensure examination. (5) Applicants who qualify for licensure under Section 474.217, F.S. who have never had disciplinary action taken against any professional license by any jurisdiction may, in lieu of taking the laws and rules portion of the licensure exam, demonstrate knowledge of the laws and rules governing the practice of veterinary medicine of Florida by completing a Board approved 2 hour continuing education course on Florida’s laws and rules as set forth in subsection 61G18-16.002(2), F.A.C. (6) Individuals applying for a temporary license pursuant to Section 474.2125, F.S. in an “emergency” as defined in Section 252.34(4), F.S., may demonstrate knowledge of the laws and rules governing the practice of veterinary medicine of Florida by preparing and attaching to their application a written acknowledgment of having read Chapters 474, 455, 465, 499, 585, 828, and 893, F.S.; Rule Division 61G18, F.A.C.; and the “Practitioner’s Manual, 2006 Edition” published by the Drug Enforcement Administration of the Department of Justice. Rulemaking Authority 474.206 FS. Law Implemented 474.217 FS. History–New 10-13-85, Formerly 21X-14.02, Amended 11-2-88, 4-30-89, 7-6-92, Formerly 21X-14.002, Amended 5-17-94, 3-7-06, 4-9-08, 10-1-19, 11-2-20. 61G18-14.003 Endorsement Definitions. Rulemaking Authority 474.217(1)(a), 474.206 FS. Law Implemented 474.217(1)(a) FS. History–New 8-17-94, Amended 3-20-95, 5-20-08, Repealed 10-1-19.

Chapter 61G18-15 PREMISES PERMITS, MINIMUM STANDARDS FOR VETERINARY PREMISES AND MOBILE CLINICS, ALTERNATIVE METHOD FOR OBTAINING PREMISES PERMIT, INSPECTIONS

Fla. Admin. Code R. 61G18-15 PREMISES PERMITS, MINIMUM STANDARDS FOR VETERINARY PREMISES AND MOBILE CLINICS, ALTERNATIVE METHOD FOR OBTAINING PREMISES PERMIT, INSPECTIONS

CHAPTER 61G18-15 PREMISES PERMITS, MINIMUM STANDARDS FOR VETERINARY PREMISES AND MOBILE CLINICS, ALTERNATIVE METHOD FOR OBTAINING PREMISES PERMIT, INSPECTIONS 61G18-15.001 Permit Requirements 61G18-15.002 Minimum Standards for Premises Where Veterinary Medicine Is Practiced 61G18-15.0022 Minimum Standards for Permanent Locations Where Agricultural Veterinary Medicine Is Practiced 61G18-15.0025 Minimum Standards for a Mobile Veterinary Practice for Agricultural Animals 61G18-15.0035 Minimum Standards for Mobile Premises Permits 61G18-15.005 Periodic Inspections 61G18-15.006 Minimum Standards for House-Call Practices 61G18-15.007 Minimum Standards for Limited-Service Veterinary Medical Practices 61G18-15.0071 Limited Service Patient Records 61G18-15.0072 Limited Service Written Statement 61G18-15.0073 Inspections 61G18-15.008 Emergency Rabies Clinic 61G18-15.001 Permit Requirements. (1) All establishments where veterinary medicine is practiced shall be required to have a permit issued by the Department of Business and Professional Regulation. An application for a permit shall be filed with the department not less than fourteen (14) days prior to the opening date of the establishment. The establishment shall be inspected for compliance with the minimum standards for sanitary conditions and physical plant as set forth in rule chapter 61G18-15, F.A.C., prior to issuance of the permit. The decision whether reinspection prior to issuance of the permit is necessary because of the establishment’s failure to meet required standards on the initial inspection shall be made by the department on an individual basis and shall be based on the number and severity of the deficiencies documented on the initial inspection report. (2) The applicant shall designate a responsible veterinarian in whose name the permit shall be jointly issued. Upon any change in the responsible veterinarian, the permittee shall have ten (10) days within which to notify the Board in writing, of the name of the new responsible veterinarian. Failure of the permittee to timely notify the Board in writing of the name of the new responsible veterinarian will require the filing of a new application. (3) It shall be the duty of the licensed veterinarian named on the permit to return the permit to the department when the named veterinarian ceases to be responsible for the management of the establishment, or notify the Board that the veterinarian is no longer the responsible veterinarian at that location. Rulemaking Authority 474.206, 474.215 FS. Law Implemented 474.215 FS. History–New 11-14-79, Amended 12-10-81, 9-22-82, 12-12-83, 10-17-85, Formerly 21X-15.01, Amended 10-14-86, 5-9-90, Formerly 21X-15.001, Amended 2-6-95, 6-8-95, 4-9-08. 61G18-15.002 Minimum Standards for Premises Where Veterinary Medicine Is Practiced. (1) Exterior. (a) All establishments where veterinary medicine is practiced must have the following:

1. Legible sign to identify location.
2. Facility clean and in good repair.
3. Telephone number for emergency veterinary care shall be visible and legible from the exterior. (b) If premises where veterinary medicine is practiced have grounds, they must be clean and orderly. (2) Interior. (a) All premises where veterinary medicine is practiced must have the following:
4. Restroom – clean and orderly.
5. Office.
   1. Clean and orderly.
   2. License renewal and premise permit displayed.
6. A telephone must be answered 24 hours a day which one may call for emergency service.
7. Examination areas.
   1. Clean and orderly.
   2. Lined waste receptacle.
   3. Sink and disposable towels. Sinks located in restrooms may not be used to satisfy this standard.
   4. Examination table constructed of smooth impervious material.
8. Pharmacy.
   1. Clean and orderly.
   2. Blood storage or blood donor available.
   3. Existence of accurate controlled substance log and individual patient records.
   4. If controlled substances are on premises, a locking, secure cabinet for storage.
   5. DEA certificate on premises.
   6. Segregated area for the storage of expired drugs.
   7. Disposable needles and syringes.
   8. All drugs stored in the pharmacy must be properly labeled with drug name, strength, and expiration date.
   9. If drugs are dispensed to the public the drugs are to be distributed in child-resistant containers unless a specific written request for non child-resistant containers is made by the animal owner. All containers distributed must be labeled with the name of the drug contained within, the strength and quantity of the drug, the expiration date of the drug, instructions as to the use of the drug, the name and species of the animal for which the drug is intended to be administered, the last name of the animal’s owner, and the name, address and telephone number of the veterinarian prescribing the drug.
9. Medical records as required by rule 61G18-18.002, F.A.C.
10. Laboratory.
    1. Microscope.
    2. Centrifuge.
    3. Urinalysis equipment or outside laboratory services available.
    4. Hematology facilities or outside laboratory service available.
    5. Blood chemistry facilities or outside laboratory service available.
    6. Microbiological capability or outside laboratory service available.
11. Facilities and equipment to render immediate resuscitative care.
    1. Clean and orderly.
    2. Sterile instruments, drapes, caps and masks.
    3. Operating table appropriate to the proposed use constructed of smooth impervious material.
    4. Oxygen and equipment for its administration.
    5. Anesthesia equipment.
12. Holding areas shall be capable of sanitation and shall be maintained by including proper ventilation, sufficient lighting and be of a size consistent with the welfare of the animal.
13. Garbage and trash disposal.
    1. Sanitary cans lined with disposable bags.
    2. Effective insect and rodent control.
14. Carcass disposal – any adequate method used in area, provided the sanitary code is not violated.
15. Emergency lighting which must include at least a functioning rechargeable battery-operated light.
16. Fire extinguisher, with current annual inspection.
17. Refrigeration of stored drugs, biologicals, lab samples, reagents and other perishable items.
18. Comply with the requirements of rule 64E-16, F.A.C., concerning the handling and disposal of biohazardous waste. (b) All premises must have facilities for radiology, surgery and long-term hospitalization, as described below or, in lieu thereof, written evidence that arrangements have been made with a local clinic or hospital must be available for inspection. For the purpose of this chapter local is defined as within 30 minutes or 30 miles whichever is greater to provide the service outside the premise.
19. Radiology.
    1. X-ray machine; 100 MA preferred minimum.
    2. Equipment necessary to produce diagnostic radiographic images.
    3. Monitoring of exposure of personnel to radiation required.
20. Surgery.
    1. Clean and orderly.
    2. Method of sterilization of surgical equipment, either by autoclave or gas sterilization.
    3. Operating table appropriate to the proposed use constructed of a smooth impervious surface.
    4. Well lighted.
    5. Oxygen and equipment for its administration.
21. Hospital wards.
    1. Clean and orderly.
    2. Holding areas shall be capable of sanitation and shall be maintained by including proper ventilation, sufficient lighting and be of a size consistent with the welfare of the animal.
    3. Well lighted.
    4. Proper ventilation.
    (c) Establishments where veterinary medicine is practiced are not required to have the following facilities. However, if they do have them, the facilities must meet the standards set forth.
22. Reception area – entrance shall be free from hazards.
23. Grooming area – Clean and orderly.
24. Kitchen or food area – Clean and orderly.
25. Exercise runs.
    1. Clean and secure.
    2. No hazards.
    (3) Veterinarians must furnish a permanent address at which they can be reached by clients in order that clients may obtain veterinary medical records. Rulemaking Authority 474.206, 474.215(1) FS. Law Implemented 474.215(1), 474.216 FS. History–New 7-14-79, Amended 4-6-81, Formerly 21X-15.02, Amended 10-14-86, 11-2-88, 8-29-89, 5-27-91, 3-24-93, Formerly 21X-15.002, Amended 7-4-95, 4-5-18. 61G18-15.0022 Minimum Standards for Permanent Locations Where Agricultural Veterinary Medicine Is Practiced. Agricultural veterinary medicine is practiced upon livestock as defined by section 828.23(5), F.S. Minimum standards for permanent locations where agricultural veterinary medicine is practiced are: (1) Exterior. (a) All establishments where veterinary medicine is practiced must have the following:
26. Legible sign to identify location,
27. Facility clean and in good repair, and
28. Telephone number for emergency veterinary care shall be visible and legible from the exterior. (b) The location where agricultural veterinary medicine is practiced must be clean and orderly. (2) Interior. (a) All locations where agricultural veterinary medicine is practiced must have the following:
29. Restroom – clean and orderly.
30. Office:
    1. Clean and orderly,
    2. Current license displayed.
31. 24 hours telephone service a day for emergencies.
32. Examination areas:
    1. Clean and orderly,
    2. Lined waste receptacles,
    3. Sink and disposable towels (Sinks located in restrooms may not be used to satisfy this standard), and
    4. Examination table, if present, must be of a material subject to disinfection.
33. Pharmacy:
    1. Clean and orderly,
    2. Individual patient or herd/flock records,
    3. If controlled substances are on premises, a locking secure cabinet for storage and an accurate controlled substance log.
    4. Segregated area or container for the storage of expired drugs.
34. Accessibility to a laboratory.
35. Holding areas shall be capable of sanitation and shall include proper ventilation, sufficient lighting, and be of a size consistent with the welfare of the animal.
36. Garbage and trash disposal:
    1. Sanitary cans lined with disposable bags,
    2. Effective insect and rodent control.
37. Carcass disposal.
38. Emergency lighting which must include at least a functioning rechargeable battery-operated light.
39. Fire extinguisher, with current inspection.
40. Refrigeration of stored drugs, biologicals, laboratory samples, and other perishable items.
41. Compliance with the requirement of chapter 64E-16, F.A.C., concerning the handling and disposal of biohazardous waste. (b) All locations must have facilities for radiology, surgery, and long term hospitalization, as described below, or in lieu thereof, written evidence that arrangements have been made with another clinic or hospital to provide the services.
42. Surgery:
    1. Clean and orderly,
    2. Method of sterilization of equipment and instructions,
    3. Well-lighted, and
    4. Surfaces, if applicable, must be made of smooth material subject to disinfection.
43. Hospital holding areas shall include proper ventilation, sufficient lighting, and be of a size consistent with the welfare of the animal. (c) Establishments where veterinary medicine is practiced are not required to have the following facilities. However, if they do have them, the facilities must meet the standards set forth.
44. Reception area – shall be free from hazards.
45. Kitchen or food area – clean and orderly.
46. Exercise areas:
    1. Clean and secure, and
    2. No hazards.
    (3) Veterinarians must furnish a permanent address at which they can be reached by clients in order that clients may obtain veterinary medical records. Rulemaking Authority 474.206, 474.215(6) FS. Law Implemented 474.215(6) FS. History–New 7-9-95, Amended 9-18-95, 12-28-95, 9-26-12. 61G18-15.0025 Minimum Standards for a Mobile Veterinary Practice for Agricultural Animals. The following minimum standards shall apply to mobile veterinary medical practices for agricultural animals: (1) Mobile units utilized by veterinarians: (a) Shall be clean and orderly. (b) Shall contain the following:
47. Sterile syringes and needles.
48. All pharmaceuticals and biologics shall be maintained at the temperature recommended by the manufacturer in a refrigeration device that is powered by a stable energy source and is capable of maintaining a constant temperature. A thermometer shall be included where the biologics are being stored.
49. Antiseptic intravenous equipment.
50. If controlled substances are on the unit, a locking secure cabinet for storage and an accurate controlled substance log.
51. When surgery is to be performed, the following shall be maintained:
    1. Surgical instruments,
    2. Access to a means of sterilization,
    3. Suture material, and
    4. Intravenous equipment.
52. An American Veterinary Medical Association approved chemical method of euthanasia. The American Veterinary Medical Association Guidelines for the Euthanasia of Animals: 2013 Edition, Version 2013.0.1 is incorporated herein by reference at the following address: http://www.flrules.org/Gateway/reference.asp?No=Ref-05075 or from: American Veterinary Medical Association 1931 N. Meacham Road Schaumburg, Illinois 60173
53. Segregated area or container for the storage of expired drugs. (2) When working with known infectious diseases within a herd, precautions shall be used to prevent transmission of infectious agents to another animal whether or not within the herd. (3) Veterinarians must have a written agreement with a clinic or hospital for the provision of long term hospitalization, surgery, or radiology, if these services are not provided by the mobile clinic. (4) Veterinarians must furnish a permanent address at which the veterinarian can be reached so that their clients can request veterinary medical records. Rulemaking Authority 474.206, 474.215(6) FS. Law Implemented 474.215(6) FS. History–New 7-4-95, Amended 7-22-10, 9-26-12, 6-16-14, 2-24-15. 61G18-15.0035 Minimum Standards for Mobile Premises Permits. (1) Minimum standards for equipment for mobile premises permits are the same as for other premises where veterinary medicine is practiced, except for the requirements in subsection 61G18-15.002(1), and subparagraph (2)(a)1., F.A.C. (2) Veterinarians must have a written agreement with a local clinic or hospital for the provisions of long-term hospitalization, surgery, or radiology, if these services are not available at the mobile clinic itself. (3) Veterinarians must have a written agreement with a local clinic for the provision of emergency services and display a notice to that effect within the mobile unit to so inform clients. (4) Veterinarians must furnish a permanent address at which they can be reached to their clients in order that their clients may obtain their veterinary medical records. Rulemaking Authority 474.206, 474.215(1) FS. Law Implemented 474.215(1) FS. History–New 10-13-85, Formerly 21X-15.035, 21X-15.0035, Amended 7-4-95. 61G18-15.005 Periodic Inspections. (1) The Department shall make inspections of veterinary premises at least every two (2) years. Such inspection shall include but not be limited to verification of compliance with rule 61G18-15.002, F.A.C., governing minimum standards for veterinary premises. (2) Additionally, the Department shall conduct unannounced routine inspections of one percent (1%) of the veterinary premises each year. The selection of premises to be inspected shall be made by the Department on a random basis. (3) For the purpose of this section "veterinary premise" is defined as all locations where a premise permit is required or where a licensee stores veterinary pharmacutical supplies or veterinary medical equipment, whether said location is fixed or mobile. Rulemaking Authority 474.206, 474.215 FS. Law Implemented 474.214(1)(x), 474.215, 455.243 FS. History–New 5-11-80, Amended 12-5-82, Formerly 21X-15.05, Amended 10-14-86, 3-15-87, 4-8-90, 1-27-92, Formerly 21X-15.005, Amended 10-19-08, 2-19-14. 61G18-15.006 Minimum Standards for House-Call Practices. Veterinarians practicing on a house-call basis and who practice where the animal is kept must meet the requirements of rule 61G18-15.002 or 61G18-15.0035, F.A.C., except that no premises permit is required. Rulemaking Authority 474.206, 474.215(4) FS. Law Implemented 474.215(4) FS. History–New 4-6-81, Formerly 21X-15.06, Amended 5-28-89, Formerly 21X-15.006, Amended 7-4-95. 61G18-15.007 Minimum Standards for Limited-Service Veterinary Medical Practices. (1) The term “limited-service veterinary medical practice” shall mean a privately or publicly supported vaccination clinic where a veterinarian performs for a limited time vaccinations and/or immunizations against disease on multiple animals, and where the veterinarian may also perform microchipping and preventative procedures for parasitic control, and shall not mean a premise otherwise permitted by the Board. (2) The Limited-Service permittee shall register each clinic with the Board of Veterinary Medicine by name, address, date of clinic, time and duration, at least 28 days prior to offering a limited-service clinic. A copy of the limited-service permit shall be clearly visible at each limited service clinic held during its hours of operation and posted at the main office where the records are stored. (3) A veterinarian must remain on site throughout the duration of a limited-service clinic and must maintain autonomy for all medical decisions made. A physical examination and history must be taken for each patient receiving veterinary medical care at a limited-service clinic. Recommendations and preventive medicine protocols must be developed from current accepted veterinary medical practice. The veterinarian is responsible for proper immunization and parasitic procedures and the completeness of recommendations made to the public by the paraprofessional staff that the veterinarian supervises or employs. The veterinarian is responsible for consultation and referral of clients when disease is detected or suspected. (4) All locations where limited-service veterinary medicine is practiced must have or comply with the following: (a) Legible sign to identify permit holder and a legible sign to identify the veterinarian(s) on site by name and license number. (b) A clean safe location which allows for the safety of animals and their owners and which is conducive to the handling of animals and consultations with the public. The location shall utilize a method of visibly segregating the vaccination and examination area to deter public access. (c) Meet local sanitation requirements. (d) A copy of the Limited Service clinic premise permit displayed. (e) Shall provide a legible list of the name, address and hours of operation of all facilities that provide or advertise emergency services and when applicable the location of other clinics provided by the same entity on that day, that are located within a 30-minute or 30-mile radius. (f) Lined waste receptacle. (g) A sink with fresh, clean running water, disposable towels, and soap for cleaning and first aid must be provided within ten (10) feet of the examination area. Sinks located in restrooms may not be used to satisfy this requirement. (h) Safe, clean examination work area constructed of a smooth impervious material. (i) Storage of supplies and equipment to preclude public access. (j) Separate area for clerical work. (k) Proper handling of vaccinations, biologics, pharmaceuticals and supplies: Facilities must be provided for proper storage, safekeeping and preparation of pharmaceuticals in accordance with federal, state, and local laws. If controlled substances are on the premises, they must be kept in a locking, secure cabinet for storage and an accurate controlled substance log must be maintained. All pharmaceuticals and biologics shall be maintained at the temperature recommended by the manufacturer in a refrigeration device that is powered by a stable energy source and is capable of maintaining a constant temperature. A thermometer shall be included where the pharmaceuticals are being stored. (l) Equipment must be of the type and quality to provide for the delivery of immunization and parasiticides in the best interest of the patient and with safety to the public. (m) Each limited-service clinic must have the capacity to render emergency care for hypersensitivity reaction, anaphylaxis, and immediate emergency care of injury to the animals in attendance at the clinic. (n) Sanitation equipment and solutions. (o) Proper bio-medical waste handling equipment, registration and procedures. (5) With regard to operation of limited-service veterinary medical practice, the term “limited time,” shall mean no more often than once every two (2) weeks and no more than four (4) hours in any one day for any single location where a vaccination clinic is held unless the following additional conditions are met in which case the available hours shall be expanded from four (4) to eight (8) per day up to two (2) days per week: (a) The limited service clinic is held inside a climate controlled building which meet all local building and life safety ordinances; (b) The limited service clinic provider has not had their license either suspended or revoked in this or any other state; (c) The limited service clinic provider possesses professional liability coverage in the amount of $1,000,000 for each occurrence and $2,000,000 in the aggregate as well as an umbrella policy of $3,000,000 for each occurrence and $3,000,000 in the aggregate. Rulemaking Authority 474.206, 474.215 FS. Law Implemented 474.215 FS. History–New 3-16-95, Amended 7-7-96, 4-4-13, 10-1-19. 61G18-15.0071 Limited Service Patient Records. (1) A legible individual record must be maintained for every patient of the clinic, and must include specific information needed for proper identification of the animal and its owner. The immunization or parasitic procedure shall be indicated on the record. A statement of recommendations for future immunizations and procedures should be clearly legible on the record. Records shall be maintained for not less than three (3) years after the date of last entry. (2) The medical record must reflect any preventative or corrective parasiticide including any medication administered, and the date, type dose, route and frequency of administration, or any medication prescribed. (3) Patient records must be available to a client or a client’s veterinarian. The client or the client’s veterinarian must be able to receive the immunization or parasiticide treatment record within twenty-four (24) hours after a request is received unless the request is received within seven (7) days of the clinic in which situation, the records shall be provided within forty-eight (48) hours. (4) The type of tests performed and the manner in which the results will be obtained and a complete listing of procedures provided at the clinic should be given to the client. A copy of the record must be kept under the control of the limited service premise permit holder. (5) Providers of limited service clinics with hours of operation in excess of four (4) hours in one day must make all information required in this section available in electronic format within 24 hours of treatment. Rulemaking Authority 474.206, 474.215 FS. Law Implemented 474.215 FS. History–New 3-20-95, Amended 4-4-13. 61G18-15.0072 Limited Service Written Statement. (1) Each client prior to the provision of veterinary medical services must be informed as to the limits of the physical exam provided for the patient and shall receive a written statement that at a minimum contains: (a) The following notice: YOUR PET HAS BEEN EXAMINED TO DETERMINE THE APPROPRIATENESS OF IMMUNIZATIONS SELECTED. THIS IS NOT A FULL AND COMPLETE PHYSICAL EXAMINATION. (b) The telephone number where emergency veterinary care can be obtained. (c) The name and address of where a client can secure a copy of the patient’s records. (d) The limited service permittee shall provide a phone number for consultation or referral for follow up care and treatment in case of adverse reaction or failure of the regimen of therapy. (e) The name and telephone number of the veterinarian(s) who provided the medical services at the clinic. (2) The permit holder and the veterinarian are jointly responsible for providing this statement. (3) Providers of limited service clinics with hours of operation in excess of four (4) hours in one day must have the following information conspicuously posted on, or adjacent to, the entrance of the building where the clinic was held for forty eight (48) hours after the conclusion of the clinic: (a) The telephone number where emergency veterinary care can be obtained; (b) The name and address of where a client can secure a copy of the patient’s records; (c) A phone number for consultation or referral for follow up care and treatment in case of adverse reaction or failure of the regimen of therapy. Rulemaking Authority 474.206, 474.215 FS. Law Implemented 474.215 FS. History–New 3-20-95, Amended 12-30-97, 4-4-13. 61G18-15.0073 Inspections. The Department of Business and Professional Regulation shall on a random basis inspect the veterinary activity within a limited service veterinary practice at any time when the activity is being conducted. Rulemaking Authority 474.206, 474.215 FS. Law Implemented 474.214(1)(x), 474.215 FS. History–New 3-20-95. 61G18-15.008 Emergency Rabies Clinic. (1) An Emergency Rabies Clinic is a type of limited service veterinary medical practice as provided for in section 474.215(7), F.S. (2) An Emergency Rabies Clinic may be established under this rule only after the State Health Officer, in consultation with the State Veterinarian, has declared that an emergency rabies situation exists in a particular area of the State. (3) An Emergency Rabies Clinic may not be used as a fundraising event, shall only charge for the actual cost of a rabies vaccination, and shall not offer any other type of immunization or service. (4) An Emergency Rabies Clinic that complies with the provisions of this rule shall not be subject to the time limitations contained in subsections 61G18-15.007(1) and (2), F.A.C.; the requirements of physical examinations and histories contained in subsection 61G18-15.007(3), F.A.C.; the requirements contained in paragraphs 61G18-15.007(4)(a), (d), and (e), F.A.C.; nor the fee provided by rule 61G18-12.018, F.A.C. (5) An Emergency Rabies Clinic must register with the Board of Veterinary Medicine prior to commencing its operation, and provide the date(s) of the clinic, the address, and the name(s) of the veterinarian(s) responsible for the vaccinations. Rulemaking Authority 474.206 FS. Law Implemented 474.215(7) FS. History–New 5-26-98.

Chapter 61G18-16 CONTINUING EDUCATION

Fla. Admin. Code R. 61G18-16 CONTINUING EDUCATION

CHAPTER 61G18-16 CONTINUING EDUCATION 61G18-16.001 Continuing Education Requirements for Inactive Status License 61G18-16.002 Continuing Education Requirements for Active Status License Renewal 61G18-16.003 Continuing Education Standards 61G18-16.0035 Standards for Providers of Continuing Veterinary Medical Education 61G18-16.005 Euthanasia of Dogs and Cats; Technician Certification Course 61G18-16.001 Continuing Education Requirements for Inactive Status License. (1) As a condition of activation or reactivation of an inactive status license which has been inactive for less than four years, a veterinarian must satisfy the continuing education requirements of Rule 61G18-16.002, F.A.C., and must file a complete application as defined by subsection 61G18-23.001(1), F.A.C. (2) As a condition of reactivation of an inactive status license which has been inactive for four or more years, a veterinarian must satisfy the continuing education requirements of Rule 61G18-16.002, F.A.C., and must file a complete application as defined in subsection 61G18-23.001(3), F.A.C. Rulemaking Authority 474.206, 474.211, 474.212 FS. Law Implemented 474.211, 474.212 FS. History–New 11-14-79, Amended 3-1-84, Formerly 21X-16.01, Amended 11-2-88, Formerly 21X-16.001, Amended 8-18-94, 2-6-95. 61G18-16.002 Continuing Education Requirements for Active Status License Renewal. (1) All licensed veterinarians shall be required to obtain continuing professional education which contributes to the advancement, extension or enhancement of professional skills and knowledge in the field of veterinary medicine. (2) Licensed veterinarians shall complete a minimum of thirty (30) hours of continuing professional education in veterinary medicine every biennium. Beginning on June 1, 2012, no less than one (1) hour of continuing education shall be in the area of dispensing legend drugs and no less than two (2) hours of continuing education shall be in the area of the laws and rules governing the practice of veterinary medicine. For the purposes of this rule, the laws and rules governing the practice of veterinary medicine are Chapters 455 and 474, F.S. and rule Division 61G18, F.A.C. (a) One (1) hour equals a minimum of fifty (50) minutes and a maximum of sixty (60) minutes. Total hours of lecture time cannot be added up and divided into 50 minute intervals to obtain 1 hour credit for each 50 minute interval. (b) Not more than fifteen (15) hours shall be non-interactive, correspondence courses. Interactive Distance Education Courses are not correspondence courses. (c) “Interactive Distance Education Course” means a competency based learning course presented through live, synchronous technology or through prerecorded video coupled with a means for course attendees to ask questions of the instructor(s) and receive responses in a timely manner. Such courses may be presented through video conferencing technologies or interactive computer based applications. (d) Five (5) hours of continuing education in laws and rules may be obtained once per biennium by attending one full day or eight (8) hours of a Board meeting (whichever is shorter) at which disciplinary hearings are conducted by the Board of Veterinary Medicine by complying with the following:

1. The licensee must sign in with the Executive Director of the Board or designee before the meeting day begins.
2. The licensee must remain in continuous attendance.
3. The licensee must sign out with the Executive Director of the Board or designee at the end of the meeting day or at such other earlier time as affirmatively authorized by the Board. A licensee may receive continuing education credit for attending the Board meeting only if he or she is attending on the date solely for the purpose of obtaining continuing education; he or she may not receive credit if appearing at the Board meeting for another purpose. (e) Not more than five (5) hours in complementary and alternative medicine modalities shall be credited toward the required number of continuing professional education hours referenced above. (f) A licensed veterinarian shall receive credit for no more than five (5) hours of continuing professional education in business or practice management courses during any biennium period. (g) A licensed veterinarian shall receive credit for no more than five (5) hours of continuing professional education in wellness and wellbeing seminars during any biennium period. (3) During the license renewal period of each biennium, an application for renewal will be mailed to each licensee at the last address provided to the Board. Failure to receive any notification during this period does not relieve the licensee of the responsibility of meeting the requirement. The application for renewal shall include a form on which the licensee shall state that he has completed the required continuing education. The licensee must retain for a period of not less than three years from the date the course was taken certificates of attendance or verification from the provider, to document completion of the continuing education certified on the renewal form. The Department will audit at random a number of licensees as is necessary to assure that the continuing education requirements are met. (4) Failure to comply with the continuing professional education requirement shall prohibit license renewal and result in delinquent status at the end of the renewal period. (5) A licensed veterinarian shall not be required to complete a continuing education requirement prior to the first renewal of his license, but it shall be required prior to any subsequent renewal. (6) Failure to document compliance with the continuing education requirements or the furnishing of false or misleading information regarding compliance shall be grounds for disciplinary action up to and including license revocation. (7) No later than December 31, 2024, the Board shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs. Rulemaking Authority 474.206, 474.211 FS. Law Implemented 455.2177, 455.2123, 474.211 FS. History–New 11-14-79, Amended 11-1-81, Formerly 21X-16.02, Amended 4-20-88, 11-2-88, 3-26-90, Formerly 21X-16.002, Amended 8-18-94, 2-6-95, 3-20-95, 9-24-96, 11-28-96, 12-30-97, 5-22-12, 6-9-13, 8-26-13, 4-14-20, 11-2-20. 61G18-16.003 Continuing Education Standards. (1) The continuing education requirements outlined in Rules 61G18-16.001 and 61G18-16.002, F.A.C., may be complied with by attendance at approved scientific veterinary medical meetings. (2) Approved courses are deemed scientific if continuing education courses are provided by: (a) National, State and International veterinary association meetings and Board meetings; (b) Board Certified Specialties recognized by the AVMA; (c) University of Florida, College of Veterinary Medicine sponsored courses, including clinical grand rounds, veterinary resident’s seminars and Board specialty review sessions; (d) The Registry of Approved Continuing Education Courses (RACE); and (e) United States Department of Agriculture, Animal and Plant Health Inspection Service, Veterinary Services. (f) Any AVMA accredited school of veterinary medicine. (3) Upon specific request, continuing education courses shall be approved by the Board whenever the courses provide additional current information with respect to the practice of veterinary medicine. Such requests shall include the following: (a) A detailed course outline or syllabus; (b) A current curriculum vitae of each speaker or lecturer; (c) The procedure to be used for recording attendance; and (d) The number of continuing education hours for which the course sponsor requests approval. (4) Beginning on May 31, 2006, each provider, unless exempted by rule, shall be registered with the Board. The fee for such registration shall be $200 and such registration must be renewed by May 31 of every other even numbered year. (5) Course approval shall expire four (4) years from the date of approval. Continuing education providers shall reapply for approval of any course that has expired by complying with Rule 61G18-16.0035, F.A.C. Rulemaking Authority 474.206, 474.211 FS. Law Implemented 474.211 FS. History–New 12-10-81, Amended 8-15-84, 5-7-85, Formerly 21X-16.03, Amended 10-14-86, 3-26-90, Formerly 21X-16.003, Amended 8-18-94, 2-6-95, 7-4-95, 12-30-97, 7-13-04, 3-7-06, 2-25-14, 1-31-16, 4-14-20. 61G18-16.0035 Standards for Providers of Continuing Veterinary Medical Education. (1) Each proposal for program or course approval submitted by a provider must contain a detailed outline of the content of the program or course and must build upon a basic course or courses offered in the curricula of accredited schools or colleges of veterinary medicine. Continuing education must consist of post-doctoral degree programs offered by accredited college or schools of veterinary medicine, post-correspondence and on-line, real time courses, or other Board-approved educational methods. (2) All offerings of continuing education must meet the following standards: (a) Educational Content Development.
4. Continuing education offerings shall include a statement of measurable educational goals and behavioral objectives.
5. Continuing education offerings shall be designed to reflect the educational needs of the veterinarian and build upon the standards for practice and courses as found in the curricula of accredited colleges of schools of veterinary medicine.
6. Each continuing education offering shall be designed to explore one subject or a group of closely related subjects or standards. (b) Methods of Delivery.
7. The method of delivery of a course shall be determined by giving appropriate consideration to such factors as educational content, objectives and composition of the audience.
8. The method of delivery must encourage active participation and involvement on the part of the veterinarian. (c) Program Faculty Qualification.
9. The program faculty for a particular continuing education offering shall be competent in the subject matter and qualified by experience.
10. An appropriate number of program faculty for each activity shall be utilized.
11. There shall be adequate personnel to assist with administrative matters and personnel with competencies outside content areas in cases where the method of delivery requires technical or other special expertise. (d) Facilities – The facilities to be utilized shall be appropriate and adequate to the content, method of delivery, size of the audience and promote the attainment of the objectives of the offering. (e) Contact Hour Criteria. The number of contact hours of Continuing Education Units shall be determined by the provider in advance of the offering subject to approval by the Board and awarded upon the successful completion of the entire planned education experience. (f) Record Keeping.
12. Records of individual offerings shall be maintained by the provider for inspection by the Board. The records shall be adequate to serve the needs of the participants and to permit the Board to monitor for adherence to the standards for continuing education offerings. The records shall also be adequate to identify the individual participant.
13. An individual certificate of attendance specifying title of offering, provider number, date of offering and number of contact hours earned shall be furnished to each participant by the provider. The individual certificate of attendance shall be maintained by the veterinarian for a period of three (3) years and shall be provided to the Board upon audit or request.
14. Records shall be maintained by the provider for a minimum of three (3) years. (3) Providers seeking Board approval shall meet each of the standards outlined herein: (a) All continuing education offerings conducted by the provider shall meet the standards for continuing education offerings as outlined in these rules. (b) There shall be a visible, continuous and identifiable authority charged with administration of continuing education programs. The person or persons in whom the administrative function is vested shall be qualified by virtue of background and experience in presenting courses in and having experience in the administration of continuing education. (4) Providers must be registered with and approved by the Board. Such Board approval must be renewed by the Provider every four years. Rulemaking Authority 474.206, 474.211, 474.212 FS. Law Implemented 455.2179, 474.211, 474.212 FS. History–New 5-19-96, Amended 9-24-96, 8-1-04. 61G18-16.005 Euthanasia of Dogs and Cats; Technician Certification Course. (1) Euthanasia shall be performed only by: (a) A licensed veterinarian; or (b) An employee or agent of a public or private agency, animal shelter or other facility that is operated for the collection and care of stray, neglected, abandoned or unwanted animals, as provided herein. (2) Any employee or agent of a public or private agency, animal shelter or other facility that is operated for the collection and care of stray, neglected, abandoned or unwanted animals who performs euthanasia shall successfully complete a 16-hour euthanasia technician certification course. Any employee or agent who before October 1, 1993, has performed euthanasia shall obtain certification by October 1, 1994. Any employee or agent who after October 1, 1993, begins performing euthanasia must have successfully completed the euthanasia technician certification course before performing any euthanasia. (3) The curriculum for the 16-hour euthanasia technician certification course shall provide information on the following subjects: (a) Pharmacology, proper administration and storage of euthanasia solutions; eight (8) hours; (b) Federal and state laws regulating the storage and accountability of euthanasia solutions; two (2) hours; (c) Euthanasia technician stress management; four (4) hours; and (d) Disposal of euthanized animals; two (2) hours. (4) A certified veterinary technician who is an employee or agent of a public or private agency, animal shelter, or other facility which is operated for the collection of stray, neglected, abandoned, or unwanted animals may perform euthanasia without completion of the certification course. A licensed veterinarian who delegates the performance of euthanasia to a technician shall verify that said technician has either completed the certification course, or is a certified veterinary technician who has graduated from a veterinary technology training program that is accredited by the American Veterinary Medical Association Committee on Veterinary Technicians Education and Activities (CVTEA) and has successfully completed the examinations required by the Florida Veterinary Medical Association’s Technician Committee. (5) Approval of the curriculum of the 16-hour euthanasia technician certification course by the Board of Veterinary Medicine prior to its presentation, shall be required. All providers of a 16-hour euthanasia technician certification course shall comply with the requirements of Rule 61G18-16.003, F.A.C. Rulemaking Authority 474.206, 828.058 FS. Law Implemented 474.214(1)(hh), 828.058 FS. History–New 4-18-94, Amended 3-29-01.

Chapter 61G18-17 EXEMPTIONS AND EXCEPTIONS

Fla. Admin. Code R. 61G18-17 EXEMPTIONS AND EXCEPTIONS

CHAPTER 61G18-17 EXEMPTIONS AND EXCEPTIONS 61G18-17.001 Exemptions and Exceptions (Repealed) 61G18-17.005 Tasks Requiring Immediate Supervision 61G18-17.006 Diseases which Only a Veterinarian May Immunize or Treat 61G18-17.001 Exemptions and Exceptions. Rulemaking Authority 474.203, 474.206 FS. Law Implemented 474.202(9), 474.203(5) FS. History–New 7-9-80, Formerly 21X-17.01, 21X-17.001, Amended 7-4-95, 1-5-98, 3-6-06, Repealed 1-31-07 . 61G18-17.005 Tasks Requiring Immediate Supervision. (1) All tasks which may be delegated to a veterinary aide, nurse, laboratory technician, intern, or other employee of a licensed veterinarian shall be performed only under the “immediate supervision” of a licensed veterinarian as that phrase is defined in Section 474.202(5), F.S., with the exception of the following tasks which may be performed without the licensed veterinarian on the premises: (a) The administration of medication and treatment, excluding vaccinations, as directed by the licensed veterinarian; and (b) The obtaining of samples and the performance of those diagnostic tests, including radiographs, directed by the licensed veterinarian. (2) The administration of anesthesia and tranquilization by a veterinary aide, nurse, laboratory technician, intern, or other employee of a licensed veterinarian requires “immediate supervision” as that phrase is defined in Section 474.202(5), F.S. (3) The administration of any vaccination by a veterinary aide, nurse, technician, intern or other employee of a licensed veterinarian which is not specifically prohibited by Rule 61G18-17.006, F.A.C., requires “immediate supervision” as that phrase is defined in Section 474.202(5), F.S., except as provided in Section 828.30, F.S. Rulemaking Authority 474.203(7), 474.206 FS. Law Implemented 474.203(7) FS. History–New 10-17-85, Formerly 21X-17.05, 21X-17.005, Amended 5-27-03, 3-2-25. 61G18-17.006 Diseases which Only a Veterinarian May Immunize or Treat. For the purpose of implementing the exemption provisions of Section 474.203(5)(a), F.S., the Board recognizes that the following diseases are communicable to humans and are of public health significance, and that only a veterinarian may immunize or treat an animal for these diseases except as provided in Section 828.30, F.S.: (1) Brucellosis. (2) Tuberculosis. (3) Rabies. (4) Equine Encephalomyelitis. Rulemaking Authority 474.206 FS. Law Implemented 474.203(5)(a), 474.203(7) FS. History–New 10-17-85, Formerly 21X-17.06, 21X-17.006, Amended 3-2-25.

Chapter 61G18-18 MEDICAL RECORDS OF DECEASED VETERINARIANS; RETENTION, TIME LIMITATIONS

Fla. Admin. Code R. 61G18-18 MEDICAL RECORDS OF DECEASED VETERINARIANS; RETENTION, TIME LIMITATIONS

CHAPTER 61G18-18 MEDICAL RECORDS OF DECEASED VETERINARIANS; RETENTION, TIME LIMITATIONS 61G18-18.001 Medical Records of Deceased Veterinarian, Retention, Time Limitations 61G18-18.0015 Medical Records; Relocating or Terminating Practice; Retention and Disposition 61G18-18.002 Maintenance of Medical Records 61G18-18.001 Medical Records of Deceased Veterinarian, Retention, Time Limitations. (1) The executor, administrator, personal representative or survivor of a deceased veterinarian licensed pursuant to Chapter 474, F.S., shall retain medical records in existence upon the death of the veterinarian concerning any patient of the veterinarian for at least a period of two (2) years from the date of the death of the veterinarian. (2) Within one (1) month from the date of death of the veterinarian, the executor, administrator, personal representative or survivor of the deceased veterinarian shall do one of the following: (a) Cause to be published in the newspaper of greatest general circulation in the county where the veterinarian resided or practiced, a notice indicating to the owners of the patients of the deceased veterinarian, that the veterinarian’s medical records are available to the owners of the patients or their duly constituted representative from a specific person at a certain location. At the conclusion of a twenty-two (22) month period of time from the date of the veterinarian’s death, or thereafter, the executor, administrator, personal representative, or survivor shall cause to be published once during each week for four (4) consecutive weeks, in the newspaper of greatest general circulation in the county where the veterinarian resided, a notice indicating to the owners of the patients of the deceased veterinarian that the veterinarian’s medical records will be disposed of or destroyed one (1) month or later from the last day of the fourth week of publication of notice. (b) Send electronic notifications, either mail or text, to all clients that have been seen within the last 3 years a notice indicating to the owners of the patients of the deceased veterinarian, that the veterinarian’s medical records are available to the owners of the patients or their duly constituted representative from a specific person at a certain location and that the veterinarian’s medical records will be disposed of or destroyed in 2 years. (c) Maintain the existing practice website for a period of 2 years posting a notice indicating to the owners of the patients of the deceased veterinarian, that the veterinarian’s medical records are available to the owners of the patients or their duly constituted representative from a specific person at a certain location and that the veterinarian’s medical records will be disposed of or destroyed in 2 years. Rulemaking Authority 474.206, 455.242 FS. Law Implemented 455.242 FS. History–New 9-15-80, Formerly 21X-18.01, Amended 7-26-90, Formerly 21X-18.001, Amended 7-4-95, 12-30-97, 7-29-99, 5-23-23. 61G18-18.0015 Medical Records; Relocating or Terminating Practice; Retention and Disposition. (1) Every veterinarian or entity licensed pursuant to Chapter 474, F.S., who terminates practice or relocates practice and is no longer available to patients or clients, shall retain medical records pertaining to patients for at least a period of 3 years after the date of last entry. (2) No later than one month after the veterinarian or entity terminates practice or relocates practice and is no longer available to patients or clients, the veterinarian or entity shall do one of the following: (a) Cause to be published in the newspaper of greatest general circulation in the county where the veterinarian or entity resided or practiced, a notice indicating to the owners of the patients of said veterinarian or entity that the medical records are available to the owners of the patients or their duly constituted representative from a specific person at a specific location. At the conclusion of a 3 year period of time from the date that the veterinarian or entity terminated practice or relocated practice and was no longer available to patients or clients, the veterinarian or entity shall cause to be published once during each week for 2 consecutive weeks, in the newspaper of greatest general circulation in the county where the veterinarian resided or practiced, a notice indicating to the owners of the patients of the veterinarian or entity that the medical records may be disposed of or destroyed one month or later from the last day of the 4th week of publication of notice. However, nothing herein shall be construed to require that a veterinarian or entity ever destroy the medical records; it permits destruction of records after 3 years and requires notification to clients that the records can be destroyed. (b) Send electronic notifications, either email or text, to all clients that have been seen within the last 3 years a notice indicating to the owners of the patients of the veterinarian or terminated or relocated practice, that the veterinarian’s medical records are available to the owners of the patients or their duly constituted representative from a specific person at a certain location and that the veterinarian’s medical reocrds will be disposed of or destroyed in 2 years. Rulemaking Authority 474.206, 455.242 FS. Law Implemented 455.242 FS. History–New 11-1-88, Formerly 21X-18.0015, Amended 7-4-95, 5-23-23. 61G18-18.002 Maintenance of Medical Records. (1) There must be an individual medical record maintained on every patient examined or administered to by the veterinarian, except as provided in subsection (2) below, for a period of not less than three years after date of last entry. The medical record shall contain all clinical information pertaining to the patient with sufficient information to justify the diagnosis or determination of health status and warrant any treatment recommended or administered. (2) When a veterinarian is providing services to a client owning or leasing 10 or more animals of the same species at a location where the client keeps the animals, one medical record may be kept for the group of animals. This record must include the species and breed of the animals, and the approximate number of the animals in the group. However when one specific animal is treated, the record must include the identification, diagnosis, and treatment regime of the individual animals examined and treated at each visit to the location, as well as all other information required by this rule. (3) Medical records shall be created as treatment is provided or within 24 hours from the time of treatment and include the date of each service performed. They shall contain the following information: (a) Name of owner or agent, (b) Patient identification, (c) Record of any vaccinations administered, (d) Complaint or reason for provision of services, (e) History, (f) Physical examination to include, but not limited to patient weight, temperature, pulse, and respiration, or noted exceptions to the collection of said information, (g) A telehealth provider shall make notation that the examination was conducted by telehealth. If the telehealth the provider is unable to obtain any of the required information the record should state reason for deficiency, (h) Any present illness or injury noted, (i) Provisional diagnosis or health status determination. (4) In addition, medical records shall contain the following information if these services are provided or occur during the examination or treatment of an animal or animals: (a) Clinical laboratory reports, (b) Radiographs and their interpretation, (c) Consultation, (d) Treatment – medical, surgical, (e) Hospitalization, (f) Drugs prescribed, administered, or dispensed along with the route, strength, and dosage of the drug and time said drug was administered if not otherwise discernible from the record, (g) Tissue examination report, (h) Necropsy findings. (5) A veterinarian shall maintain confidentiality of all patient records in his/her possession or under his/her control. All patient records shall not be disclosed without the consent of the client. Appropriate disclosure may be made without such consent: (a) In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the client or his/her legal representative; (b) When required by the Board’s rules. (6) A veterinarian shall, upon a written request, furnish, in a timely manner without delays for legal reviews, a true and correct copy of all of the patient records to the client, or to anyone designated by the client. Such records release shall not be conditioned upon payment of a fee for services rendered, except for the reasonable cost of duplication. (7)(a) Reasonable costs of duplication of written or typed documents or reports shall not be more than $1.00 per page for the first 25 pages, and shall not be more than 25 cents per page for each page in excess of 25 pages. (b) Reasonable costs of reproducing x-rays, and such other special kinds of records shall be the actual costs. The phrase “actual costs” means the cost of the material and supplies used to duplicate the record, as well as the labor costs and overhead costs associated with such duplication. (8) It is understood that there may be several files in different locations. Sufficient cross indexes are to be maintained for prompt retrieval when required. (9) Medical records may be maintained in an easily retrievable electronic data format; however, the licensee shall be responsible for providing an adequate backup system to assure data is not lost due to system failure. Rulemaking Authority 474.206, 474.2165 FS. Law Implemented 474.2165 FS. History–New 4-6-81, Formerly 21X-18.02, Amended 3-13-90, Formerly 21X-18.002, Amended 7-4-95, 12-30-97, 8-23-98, 11-18-12, 2-13-25.

Chapter 61G18-19 STANDARDS OF PRACTICE

Fla. Admin. Code R. 61G18-19 STANDARDS OF PRACTICE

CHAPTER 61G18-19 STANDARDS OF PRACTICE 61G18-19.001 Emergency Care 61G18-19.002 Complementary or Alternative Veterinary Medicine 61G18-19.003 Definitions 61G18-19.001 Emergency Care. It is the responsibility of every veterinarian practicing in this State to provide, either personally or through another licensed veterinarian, twenty-four (24) hour emergency services for all animals under his continuing care. Rulemaking Authority 474.206 FS. Law Implemented 474.214(1)(r) FS. History–New 10-14-86, Formerly 21X-19.001. 61G18-19.002 Complementary or Alternative Veterinary Medicine. (1) Definition – Complementary, alternative and integrative therapies means a heterogenous group of preventive, diagnostic and therapeutic philosophies and practices, which at the time they are performed may differ from current scientific knowledge, or whose theoretical basis and techniques may diverge from veterinary medicine routinely taught in accredited veterinary medical colleges, or both. These therapies include, but are not limited to, veterinary acupuncture, acutherapy and acupressure, veterinary homeopathy, veterinary manual or manipulative therapy (i.e., therapies based on techniques practiced in osteopathy, chiropractic medicine, or physical medicine and therapy); veterinary nutraceutical therapy and veterinary physiotherapy. (2) Communication of treatment alternatives – A licensed veterinarian who offers to provide a patient with complementary or alternative health care treatment must inform the owner of the patient of the nature of the treatment and must explain the benefits and risks associated with the treatment to the extent necessary for the owner to make an informed and prudent decision regarding such treatment option. In compliance with this subsection: (a) The licensed veterinarian must inform the owner of his or her education, experience and credentials in relation to veterinary complementary or alternative health care treatment option. (b) The licensed veterinarian may, in his or her discretion, communicate the information orally or in written form directly to the owner or to the owner’s legal representative. (c) The licensed veterinarian may, in his or her discretion and without restriction, recommend any mode of treatment that is, in his or her judgment, in the best interests of the patient, including complementary or alternative health care treatments, in accordance with the provisions of his or her license. (3) Records – Every licensed veterinarian providing a patient with a complementary or alternative health care treatment must indicate in the patient’s record the method by which the requirements of subsection (2) were met. (4) Effect – This section does not modify or change the scope of practice of any licensed veterinarian, nor does it alter in any way the provisions of Chapter 474, F.S., which require licensees to practice within standards of care, and which prohibit fraud and exploitation of clients. Rulemaking Authority 474.206 FS. Law Implemented 474.202(13), 474.2165 FS. History–New 12-25-05. 61G18-19.003 Definitions. (1) Medically Appropriate means that which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances. (2) Timely means that the veterinarian has seen the animal in a professional capacity within a period of 12 months or less. (3) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 474.206 FS. Law Implemented 474.2021(5) FS. History–New 2-13-25.

Chapter 61G18-20 IMPAIRED VETERINARIANS

Fla. Admin. Code R. 61G18-20 IMPAIRED VETERINARIANS

CHAPTER 61G18-20 IMPAIRED VETERINARIANS 61G18-20.001 Approval of Treatment Programs for Impaired Veterinarians (Repealed) 61G18-20.001 Approval of Treatment Programs for Impaired Veterinarians. Rulemaking Authority 474.206 FS. Law Implemented 474.221 FS. History–New 10-17-85, Formerly 21X-20.01, 21X-20.001, Repealed 9-25-24.

Chapter 61G18-21 ADVERTISING

Fla. Admin. Code R. 61G18-21 ADVERTISING

CHAPTER 61G18-21 ADVERTISING 61G18-21.001 Advertising 61G18-21.001 Advertising. (1) Advertising by veterinarians is permitted in order to disseminate information for the purpose of providing the public sufficient basis upon which to make an informed selection of veterinarians. In the interest of protecting the public health, safety and welfare, advertising which is false and misleading is prohibited. (2) As used in the rules of this Board, the terms "advertisement" and "advertising" shall mean any statements, oral or written, disseminated to or before the public or any portion thereof, with the intent of furthering the purpose, either directly or indirectly, of selling professional services, or offering to perform professional services, or inducing members of the public to enter any obligation relating to such professional services. The terms advertisement or advertising shall include the name under which professional services are performed. (3) No veterinarian shall disseminate or cause the dissemination of any advertisement or advertising which is in any way fraudulent, false, deceptive or misleading in form or content. Any advertisement or advertising shall be deemed by the Board to be fraudulent, false, deceptive or misleading if it: (a) Contains a misrepresentation of facts; or (b) Is misleading or deceptive because in its content or in the context in which it is presented it makes only a partial disclosure of relevant facts; or (c) Creates false or unjustified expectations of beneficial treatment or successful cures; or (d) Conveys the impression that the veterinarian disseminating the advertising or referred to therein, his staff, his services or method of delivery of veterinary services are superior to any other licensed veterinary services, licensed veterinarian or legally recognized method of delivery unless such claims can be substantiated. A veterinarian shall not advertise that he is a specialist unless he is a diplomate of one or more national specialty boards which are recognized by the Board of Veterinary Medicine. For the purposes of this rule the Board recognizes only those national specialty boards which are recognized by the American Veterinary Medical Association. It is permissible for a veterinarian to advertise that he limits his practice to or has a particular interest in a particular species or particular area of practice. (e) Fails to conspicuously identify the veterinarian or veterinarians referred to in the advertising as a veterinarian or veterinarians; or (f) Contains any representations or claims as to which the veterinarian, referred to in the advertising, fails to perform; or (g) Contains any other representation, statement or claim which is misleading or deceptive in form or content. (4) The provisions of this rule shall apply to media exposure of any nature regardless of whether it is in the form of paid advertising. (5) A veterinarian who advertises a veterinary hospital or clinic shall include in all emergency hospital or clinic advertisements the hours during which such emergency services are provided and the availability of the veterinarian who is to provide the emergency service. The availability of the veterinarian who is to provide emergency service shall be specified as either "veterinarian on premises" or "veterinarian on call." The phrase "veterinarian on premises" shall mean that there is a veterinarian actually present at the hospital who is prepared to render emergency veterinary services. The phrase "veterinarian on call" shall mean that a veterinarian is not present at the hospital, but is able to respond within a reasonable time to requests for emergency services and has been designated to so respond. Specific Authority 474.206 FS. Law Implemented 474.214(1)(e) FS. History–New 12-4-84, Formerly 21X-12.01, Amended 10-14-86, 5-2-89, Formerly 21X-21.001, Amended 6-30-98.

Chapter 61G18-22 ACTIVE STATUS

Fla. Admin. Code R. 61G18-22 ACTIVE STATUS

CHAPTER 61G18-22 ACTIVE STATUS 61G18-22.001 Active Status License (Repealed) 61G18-22.002 Licensure Renewal 61G18-22.001 Active Status License. Rulemaking Authority 455.271 FS. Law Implemented 455.271, 474.211(1) FS. History–New 2-6-95, Repealed 6-27-22. 61G18-22.002 Licensure Renewal. (1) The department shall renew an active license to practice veterinary medicine upon timely receipt of the complete Department of Business and Professional Regulation Affirmation of Eligibility for License Renewal form number BPR-LIC-001 (effective November 2021), which is incorporated by reference in Rule 61-6.009, F.A.C., and the biennial renewal fee as set forth in Rule 61G18-12.005, F.A.C. Copies of the form can also be obtained by contacting DBPR at: Board of Veterinary Medicine, 2601 Blair Stone Road, Tallahassee, Florida 32399-0751. (2) Any licensee may elect at the time of license renewal to place the license into inactive status by filing with the board a complete Department of Business and Professional Regulation Affirmation of Eligibility for License Renewal form number BPR-LIC-001 (effective November 2021), which is incorporated by reference in Rule 61-6.009, F.A.C., in which the licensee affirmatively elects inactive status and paying the inactive status renewal fee as set forth in Rule 61G18-12.009, F.A.C. Copies of the form can be obtained by contacting DBPR at: Board of Veterinary Medicine, 2601 Blair Stone Road, Tallahassee, Florida 32399-0751. (3) An active licensee seeking inactive status outside the renewal shall submit a complete application on the form prescribed by the Department of Business and Professional Regulation (DBPR), DBPR VM 11 Change of Status Application, (effective November 2020), which is incorporated by reference in Rule 61-35.025, F.A.C., together with the fee as set forth in Rule 61G18-12.0085, F.A.C. Copies of the application can be obtained by contacting DBPR at: Board of Veterinary Medicine, 2601 Blair Stone Road, Tallahassee, Florida 32399-0751. (4) An inactive licensee seeking active status shall submit a complete application on the form prescribed by the Department of Business and Professional Regulation (DBPR), DBPR VM 11 Change of Status Application, (effective November 2020), which is incorporated by reference in Rule 61-35.025, F.A.C., together with the fee as set forth in Rule 61G18-12.008, F.A.C. and all supporting documentation demonstrating compliance with the continuing education requirements as specified in Rule 61G18-16.002, F.A.C. Copies of the application can be obtained by contacting DBPR at: Board of Veterinary Medicine, 2601 Blair Stone Road, Tallahassee, Florida 32399-0751. (5) Renewal Exemption for Spouses of Members of Armed Forces. A licensee who is the spouse of a member of the Armed Forces of the United States and was caused to be absent from the State of Florida because of the spouse’s duties with the armed forces shall be exempt from all licensure renewal provisions during such absence. The licensee must show proof to the Board of the absence and the spouse’s military status. Such proof shall consist of copies of the military orders requiring the change of duty station and must be sent to the Board office in order to qualify for the exemption. (6) An applicant for reinstatement of a null and void license shall submit a complete application on the form prescribed by the Department of Business and Professional Regulation (DBPR), DBPR VM 6 Application for Individual Licensure: Reinstate Null and Void License, effective November 2020, which is incorporated by reference in Rule 61-35.025, F.A.C., together with the appropriate fee and all supporting data demonstrating illness or economic hardship. Copies of the application can be obtained by contacting DBPR at: Board of Veterinary Medicine, 2601 Blair Stone Road, Tallahassee, Florida 32399-0751. Rulemaking Authority 455.271, 474.203, 474.206, 474.211(2) FS. Law Implemented 455.271, 455.02 (2) 474.211(1) FS. History–New 5-26-22.

Chapter 61G18-23 INACTIVE STATUS

Fla. Admin. Code R. 61G18-23 INACTIVE STATUS

CHAPTER 61G18-23 INACTIVE STATUS 61G18-23.001 Inactive Status (Repealed) 61G18-23.002 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions (Repealed) 61G18-23.001 Inactive Status. Rulemaking Authority 455.271 FS. Law Implemented 455.271 FS. History–New 2-7-95, Repealed 6-27-22. 61G18-23.002 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions. Rulemaking Authority 455.02(2), 474.206 FS. Law Implemented 455.02(2) FS. History–New 1-3-05, Repealed 6-27-22.

Chapter 61G18-24 DELINQUENT STATUS LICENSE

Fla. Admin. Code R. 61G18-24 DELINQUENT STATUS LICENSE

CHAPTER 61G18-24 DELINQUENT STATUS LICENSE 61G18-24.001 Delinquent Status (Repealed) 61G18-24.001 Delinquent Status. Rulemaking Authority 455.271 FS., as created by Chapter 94-119, Laws of Florida. Law Implemented 455.271 FS., as created by Chapter 94-119, Laws of Florida. History–New 1-18-95, Repealed 11-25-15.

Chapter 61G18-25 TEMPORARY LICENSURE

Fla. Admin. Code R. 61G18-25 TEMPORARY LICENSURE

CHAPTER 61G18-25 TEMPORARY LICENSURE 61G18-25.001 Temporary License to Practice Veterinary Medicine 61G18-25.001 Temporary License to Practice Veterinary Medicine. (1) In order to be certified to the Department by the Board for issuance of a temporary license to practice veterinary medicine, an applicant must demonstrate to the Board that the veterinarian meets the following qualifications: (a)1. Applicant has filed an application for temporary licensure identifying the name and address of the owner of the animals to be treated, the type of animals to be treated and their injury or disease, the location the treatment is to be performed, and the names, addresses, and titles of all persons entering the state with the applicant to perform the treatment; or 2. Has filed an application and is responding to an emergency as defined in Section 252.34(2), F.S., for the treatment of animals of multiple owners. (b) Has paid the temporary licensure fee specified in Rule 61G18-12.010, F.A.C.; (c) Holds an active license to practice veterinary medicine in another state of the United States and that any license to practice veterinary medicine that he has ever held has never been revoked, suspended or otherwise acted against by the licensing authority. For the purposes of this rule, the Board interprets the phrase "valid license" as requiring an active license; (d) Is neither the subject of any pending prosecution nor has he ever been convicted of any offense which is related to the practice of veterinary medicine; and (e) Satisfies the qualifications for licensure by endorsement specified in Rule 61G18-14.002, F.A.C., except for having demonstrated knowledge of the laws and rules of veterinary medicine in this State as required by 474.217(1)(a), F.S. (2) A temporary license is valid for a period of thirty (30) days from its issuance and no license shall cover more than the treatment of the animals of the owner identified in the application. Upon expiration of the license, a new license shall be required. Specific Authority 474.206, 474.2125 FS. Law Implemented 474.2125 FS. History–New 12-12-85, Formerly 21X-25.01, 21X-25.001, Amended 2-6-95.

Chapter 61G18-30 DISCIPLINE

Fla. Admin. Code R. 61G18-30 DISCIPLINE

CHAPTER 61G18-30 DISCIPLINE 61G18-30.001 Disciplinary Guidelines 61G18-30.002 Minor Violations, Notice of Noncompliance 61G18-30.003 Citations 61G18-30.004 Time Limitation for Payment of Administrative Fine 61G18-30.005 Terms of Probation 61G18-30.006 Mediation 61G18-30.001 Disciplinary Guidelines. (1) When the Board finds an applicant or licensee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.213(1), F.S., which are felonies of the third degree as well as violations of the Practice act, it shall issue a final order imposing appropriate penalties, using the following disciplinary guidelines: VIOLATION RECOMMENDED RANGE OF PENALTY

(a) Practicing veterinary medicine in this State unless a person holds an active license to practice veterinary medicine pursuant to Chapter 474, F.S. In the case of an applicant, the usual action of the Board shall be to request the Department issue a Cease and Desist Order, which will remain in effect until licensure is granted, plus an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00) and, upon eligibility for licensure, imposition of up to a one (1) year probation. In the case of a non-licensed veterinarian practicing veterinary medicine in the State of Florida the Board shall request that the Department issue a Cease and Desist Order and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00) plus one (1) year probation if the subject should become licensed in the State of Florida. In the case of a non-veterinarian practicing veterinary medicine in the State of Florida the board shall request that the Department issue a Cease and Desist Order and impose an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00) for each count.

(b) Using the name or title “veterinarian” when the person has not been licensed pursuant to Chapter 474, F.S. In the case of an applicant, the usual action of the Board shall be to request that the Department issue a Cease and Desist Order, which shall remain in effect until licensure is granted, and an administrative fine of one (1) thousand dollars ($1,000.00) and, upon issuance of a license, imposition of one (1) year probation.

(c) Presenting as one’s own license the license of another. The usual action of the Board shall be to request that the Department issue a Cease and Desist Order, and an administrative fine of five thousand dollars ($5,000.00) and, upon issuance of licensure, imposition of one (1) year probation.

(d) Giving false or forged evidence to the Board, or a member thereof, for the purpose of obtaining a license. In the case of an applicant, the usual action of the Board shall be denial of licensure. The usual action of the Board in the case of a licensee for a first offense shall be to impose a penalty of an administrative fine of three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of an administrative fine of five thousand dollars ($5,000.00) and revocation of any license obtained based on false or forged evidence.

(e) Using or attempting to use a veterinarian’s license which has been suspended or revoked. In the case of an applicant, the usual action shall be denial of licensure and to request the Department issue a Cease and Desist Order. The usual action of the Board in the case of a licensee shall be to impose revocation if the subject’s license has been suspended and an administrative fine of five thousand dollars ($5,000.00).

(f) Knowingly employing unlicensed persons in the practice of veterinary medicine. The usual action of the Board shall be to impose a penalty of up to one (1) year probation and an administrative fine of three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one (1) year suspension, followed by up to two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).

(g) Knowingly concealing information relative to a violation of Chapter 474, F.S. The usual action of the Board shall be to impose a penalty of six (6) months probation and an administrative fine of one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one (1) year probation and an administrative fine of three thousand dollars ($3,000.00).

(h) Obtaining or attempting to obtain a license by fraud. Revocation or denial of licensure plus an administrative fine of five thousand dollars ($5,000.00).

(i) Selling or offering to sell a diploma conferring a degree in veterinary medicine or a license to practice veterinary medicine in this state. An administrative fine of five thousand dollars ($5,000.00) and revocation.

(j) Leading the public to believe that the the person is licensed as a veterinarian or is engaged in the licensed practice of veterinary medicine without a valid active license. In the case of an applicant, the usual action of the Board shall be to request the Department issue a Cease and Desist Order, which will remain in effect until licensure is granted, plus an administrative fine of two thousand dollars ($2,000.00) and, upon eligibility for licensure, imposition of one (1) year probation. In the case of a non-licensed veterinarian the Board shall request that the Department issue a Cease and Desist Order and an administrative fine of two thousand dollars ($2,000.00) plus one (1) year probation if the subject should become licensed in the State of Florida. In the case of a non-veterinarian the Board shall request that the Department issue a Cease and Desist Order and an administrative fine of two thousand dollars ($2,000.00) for each count.

(k) Knowingly operating a veterinary establishment or premises without a valid premise permit. The usual action of the Board shall be an administrative fine of two thousand dollars ($2,000.00). The Board shall also require that a premise permit be obtained or request the Department to issue a Cease and Desist Order.

(2) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 474.214(1), F.S., it shall issue a Final Order imposing appropriate penalties which are set forth in Section 474.214(2), F.S., using the following disciplinary guidelines: (a) Attempting to procure, or procuring, a license to practice veterinary medicine or a permit to own and operate a veterinary establishment, by bribery, by fraudulent misrepresentation, or through an error of the Department or the Board. In the case of an applicant, the usual action of the Board shall be denial of licensure or permit. The usual action of the Board in the case of a licensee or permittee shall be to impose a penalty of revocation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00).

(b) Having a license to practice veterinary medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including any agency or subdivision thereof. The usual action of the Board for a first offense shall be the imposition of discipline concurrent with that of the other jurisdiction to suspension or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine ranging from $1,000.00 to $2,500.00. The usual action of the board for a second offense shall be the imposition of discipline concurrent with that of the other jurisdiction to revocation or denial of the license, and an administrative fine ranging from $2,500.00 to $5,000.00.

(c) Being convicted or found guilty, regardless of an adjudication, of a crime in any jurisdiction which directly relates to the practice of veterinary medicine or the ability to practice veterinary medicine. In the case of an applicant, the usual action of the Board shall be denial of licensure. The usual action of the Board in the case of a licensee or permittee shall be to impose a penalty ranging from an administrative fine of two thousand dollars ($2,000.00) and up to one (1) year probation to an administrative fine of five thousand dollars ($5,000.00) and revocation. For a second offense, the usual action of the Board shall be to impose a penalty ranging from an administrative fine of five thousand dollars ($5,000.00) and up to two (2) years suspension followed by two (2) years probation to an administrative fine of five thousand dollars ($5,000.00) to revocation.

(d) Making or filing a report or record which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those which are signed in the capacity of a licensed veterinarian. The usual action of the Board shall be to impose a penalty of one (1) year suspension followed by one (1) year probation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00) per count or violation. For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of a two (2) year suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00) to revocation.

(e) Advertising goods or services in a manner which is fraudulent, false, deceptive, or misleading in form or content. In the case of violations, which are not resolved by the Board’s rule concerning minor violations, the usual action of the Board shall be to impose anadministrative fine of one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of two (2) years probation and an administrative fine of two thousand dollars ($2,000.00) for each count.

(f) Violating a statute or administrative rule regulating practice under this chapter or chapter 455, F.S., or a lawful disciplinary order or subpoena of the Board or the Department. The usual action of the Board shall be to impose a penalty ranging from a reprimand and an adminstrative fine of two thousand dollars ($2,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose up to two (2) years suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00). In the case of a subpoena or disciplinary order, the usual action shall be to impose a penalty ranging from up to two (2) years suspension followed by up to two (2) years probation and an administrative fine of four thousand dollars ($4,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from up to three (3) years suspension followed by up to three (3) years probation to revocation and an administrative fine of five thousand dollars ($5,000.00).

(g) Practicing with a revoked, suspended, or inactive license. The usual action of the Board shall be to impose a penalty consistent with paragraph (1)(a) above. In the case of a licensed veterinarian being found late in payment of renewal fees, the veterinarian shall have thirty days from receipt of official notice from the Department of Business and Professional Regulation to become current in payment of fees to the Department and pay an administrative fine of five hundred dollars ($500.00). If the delinquent veterinarian does not respond to the Department within the above mentioned thirty days, the Board shall request that the Department issue a Cease and Desist Order, which shall remain in effect until license renewal fees and an administrative fine of one thousand dollars ($1,000.00) are paid.

(h) Being unable to practice veterinary medicine with reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or any other material or substance or as a result of any mental or physical condition. The usual action of the Board shall be to impose a penalty of suspension until such time as the licensee demonstrates rehabilitation followed by probation under such terms and conditions as set by the Board. If the individual is an applicant, the usual action shall be to deny the application.

(i) Judicial determination of mental incompetency. The usual action of the Board shall be to impose a penalty of suspension or denial of licensure until there is a legal restoration of the licensee’s competency to be followed by probation under such terms and conditions as set by the Board.

(j) Knowingly maintaining a professional connection or association with any person who is in violation of the provisions of Chapter 474, F.S., or the rules of the Board. The usual action of the Board shall be to impose a penalty of an administrative fine of three thousand dollars ($3,000.00) and one (1) year probation. For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of an administrative fine of five thousand dollars($5,000.00) and up to two (2) years probation.

(k) Paying or receiving kickbacks, rebates, bonuses, or other remuneration for receiving a patient or client or for referring a patient or client to another provider of veterinary services or goods. In construing this section, the Board shall deem that a referral to an entity with which the veterinarian has a contractual relationship, for the sale of non-veterinary, non-medical pet food or pet supplies, does not constitute a kickback, so long as the client is aware of the relationship. The usual action of the Board for those violations not disposed of by the Board’s rule concerning minor violations shall be to impose a penalty of a one (1) year probation and an administrative fine of one thousand dollars ($1,000.00) for each count. For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of two (2) years probation and an administrative fine of two thousand dollars ($2,000.00) for each count.

(l) Performing or prescribing unnecessary or unauthorized treatment. The usual action of the Board shall be to impose a penalty ranging from a reprimand to one (1) year probation and an administrative fine up to two thousand dollars ($2,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from a reprimand to two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).

(m) Engaging in fraud in the collection of fees from consumers or any person, agency, or organization paying fees to practitioners. The usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by one (1) year probation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00). For a second orsubsequent offense, the usual action of the Board shall be to impose two (2) years suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).

(n) Attempting to restrict competition in the field of veterinary medicine other than for the protection of the public. The usual action of the Board shall be to impose a penalty of one (1) year probation and an administrative fine of two thousand dollars ($2,000.00). For a second or subsequent offense, and revocation of the veterinarian’s license to practice in the State of Florida.

(o) Fraud, deceit, negligence, incompetency, or misconduct in the practice of veterinary medicine. The usual action of the Board shall be to impose a penalty ranging from one (1) year probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, an administrative fine of five thousand dollars ($5,000.00) and revocation of the veterinarian’s license to practice in the State of Florida.

(p) Being convicted of a charge of cruelty to animals. The usual action of the Board shall be to impose a penalty ranging from up to two (2) years suspension followed by up to two (2) years probation and an administrative fine of four thousand dollars ($4,000.00). For a second or subsequent offense, an administrative fine of five thousand dollars ($5,000.00) and revocation.

(q) Permitting or allowing another to use a veterinarian’s license for the purpose of treating or offering to treat sick, injured, or afflicted animals. The usual action of the Board shall be to impose a penalty of up to one (1) year suspension followed by up to one (1) year probation and an administrative fine of three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by up to two (2) years probation and an administrative fine of five thousand dollars ($5,000.00)

(r) Being guilty of incompetence or negligence by failing to practice veterinary medicine with that level of care, skill, and treatment which is recognized by a reasonably prudent veterinarian as being acceptable under similar conditions and circumstances. The usual action of the Board shall be to impose a penalty of one (1) year probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one (1) year suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).

(s) Willfully making any misrepresentations in connection with the inspection of food for human consumption. The usual action of the Board shall be to impose a penalty of up to one (1) year suspension followed by one (1) year probation and an administrative fine of four thousand dollars ($4,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).

(t) Fraudulently issuing or using any false health certificate, vaccination certificate, test chart, or other blank form used in the practice of veterinary medicine relating to the presence or absence of animal diseases or transporting animals or issuing any false certificate relating to the sale of products of animal origin for human consumption. The usual action of the Board shall be to impose a penalty of ranging from up to one (1) year suspension followed by one (1) year probation an administrative fine of three thousand dollars ($3,000.00) and revocation. For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of an administrative fine of five thousand dollars ($5,000.00) and revocation.

(u) Engaging in fraud or dishonesty in applying, treating, or reporting on tuberculin, diagnostic, or other biological tests. The usual action of the Board shall be to impose a penalty of ranging from up to one (1) year suspension followed by one (1) year probation to revocation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of five thousand dollars ($5,000.00) and revocation.

(v) Failing to keep the equipment and premises of the business establishment in a clean and sanitary condition or having a premise permit suspended or revoked pursuant to Section 474.215, F.S. The usual action of the Board shall be to suspend the premise permit until compliance with requirements followed by up to one (1) year probation and an administrative fine from one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to suspend the premise permit until compliance with requirements followed by up to three (3) years probation to revocation and an administrative fine of five thousand dollars ($5,000.00).

(w) Practicing veterinary medicine at a location for which a valid premise permit has not been issued when required under Section 474.215, F.S. The usual action of the Board shall be to impose an administrative fine of one thousand dollars ($1,000.00) penalty and to require remedial education. The Board shall also require that a premise permit be obtained or the Department shall be requested to issue a Cease and Desist Order. For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of three thousand dollars ($3,000.00).

(x) Refusing to permit the Department to inspect the business premises of the licensee during regular business hours. The usual action of the Board shall be to impose a penalty of an administrative fine of two thousand dollars ($2,000.00), unless circumstances legally justify such action by the veterinarian and/or request that the Department issue a Cease and Desist Order. For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of five thousand dollars ($5,000.00).

(y) Using the privilege of ordering, prescribing, or making available medicinal drugs or drugs defined in Chapter 465, F.S., or controlled substances as defined in Chapter 893, F.S., for use other than for the specific treatment of animal patients for which there is a documented veterinarian/client/patient relationship. Pursuant thereto, the veterinarian shall: For violations involving medicinal drugs or drugs defined in Chapter 465 F.S., the usual action of the Board shall be to impose a penalty ranging from a reprimand up to one (1) year suspension followed by one (1) year probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by two (2) years probation and an administrative fine of five thousand dollars ($5,000.00). For violations involving controlled substances as defined in Chapter 893, F.S., the usual action of the Board shall be to impose a penalty of two (2) year suspension to revocation and an administrative fine of four thousand dollars ($4,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of five thousand dollars ($5,000.00) and revocation.

1. Have sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal, which means that the veterinarian is personally acquainted with the keeping and the caring of the animal and has recent contact with the animal or has made medically appropriate and timely visits to the premises where the animal is kept.

2. Be available to provide for follow up care and treatment in case of adverse reactions of failure of the regimen of therapy.

3. Maintain records which document patient visits, diagnosis, treatment, and other relevant information required under this chapter. The documented patient/client/veterinarian relationship cited in Section 474.214, F.S., is herein defined as a veterinarian’s record of a client’s animal which documents that the veterinarian has seen the animal in a professional capacity within a period of 12 months or less.

(z) Providing, prescribing, ordering, or making available for human use medicinal drugs or drugs as defined in Chapter 465, F.S., controlled substances as defined in Chapter 893, F.S., or any material, chemical, or substance used exclusively for animal treatment. For violations involving medicinal drugs or drugs defined in Chapter 465, F.S., the usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by two (2) years probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of three (3) years suspension followed by three (3) years probation up to an administrative fine of five thousand dollars ($5,000.00) and revocation. For violations involving controlled substances as defined in Chapter 893, F.S., the usual penalty will be revocation and an administrative fine up to five thousand dollars ($5,000.00).

(aa) Failing to report to the Department any person the licensee knows to be in violation of Chapter 474, F.S., or the rules of the Board or Department. The usual action of the Board shall be issuance of a reprimand and an administrative fine of up to one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one (1) year probation and an administrative fine up to three thousand dollars ($3,000.00).

(bb) Violating any of the requirements of Chapter 499, F.S., the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 seq., the Comprehensive Drug Abuse Prevention and Control Act of 1970, more commonly known as the Federal Drug Abuse Act; or Chapter 893, F.S. The usual action of the Board shall be to impose a penalty of up to two (2) years probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be up to two (2) years suspension followed by three (3) years probation and an administrative fine of five thousand dollars ($5,000.00).

(cc) Failing to provide adequate radiation safeguards. The usual action of the Board shall be issuance of a reprimand plus the violator must pay cost of investigation and provide proof of compliance with the rule.

(dd) Failing to perform any statutory or legal obligation placed upon a licensee. The usual action of the Board shall be a penalty ranging from the issuance of a reprimand and an administrative fine of one thousand dollars ($1,000.00) up to revocation and an administrative fine of up to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of a reprimand to revocation and an administrative fine of five thousand dollars ($5,000.00).

(ee) Failing to keep contemporaneously written medical records as required by rule of the Board. The usual action of the Board shall be issuance of a reprimand and up to one (1) year probation, and an administrative fine of up to two thousand dollars ($2,000.00). For a second or subsequent offense, the usual action of the Board shall be a penalty of two (2) years probation and an administrative fine of five thousand dollars ($5,000.00).

(ff) Prescribing or dispensing legend drug as defined in Chapter 465, F.S., including any controlled substance, inappropriately or in excessive or inappropriate quantities. The usual action of the Board shall be to impose a penalty of an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00) and up to two (2) years probation. For a second or subsequent offense, the usual action of the Board Board shall be to impose a penalty of up to one (1) year suspension followed by three (3) years probation and an administrative fine of five thousand dollars ($5,000.00).

(gg) Practicing or offering to practice beyond the scope permitted by law. The usual action of the Board shall be issuance of a reprimand up to one (1) year probation, and an administrative fine from one thousand dollars ($1,000.00) to three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be two (2) years probation and an administrative fine of up to five thousand dollars ($5,000.00).

(hh) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them. The usual action of the Board shall be to impose a penalty of an administrative fine from one thousand five hundred dollars ($1,500.00) to three thousand dollars ($3,000.00) and up to one (1) year probation. For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to one (1) year suspension followed by up to two (2) years probation to revocation and an administrative fine of five thousand dollars ($5,000.00).

(ii) Presigning blank prescription forms. The usual action of the Board shall be to impose a penalty ranging from up to one (1) year suspension of the veterinarian’s license followed by up to one (1) year probation to revocation and an administrative fine of up to two thousand dollars ($2,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from up to two (2) years suspension followed by up to two (2) years probation to revocation and an administrative fine up to five thousand dollars ($5,000.00).

(jj) Failing to report to the Board within 30 days, in writing, any action set forth in paragraph (b), that has been taken against the practitioner’s license to practice veterinary medicine by any jurisdiction, including any agency or subdivision thereof. The usual action of the Board shall be the issuance of a reprimand and an administrative fine from one thousand dollars ($1,000.00) to three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be the issuance of a reprimand and an administrative fine of five thousand dollars ($5,000.00).

(kk) Aiding or assisting another person in violating any provision of this chapter or any rule adopted pursuant thereto. The usual action of the Board shall be to impose a penalty from one (1) to three (3) years probation and an administrative fine from one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to two (2) years suspension followed by up to three (3) years probation to revocation and an administrative fine of up to five thousand dollars ($5,000.00).

(ll) Failing to respond within 60 days after receipt of a request to provide satisfactory proof of having satisfactory proof of having participated in approved continuing education programs. The usual action of the Board shall be suspension until the Board receives acceptable response to the request and an administrative fine from one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be suspension until the Board receives an acceptable response to the request and an administrative fine of five thousand dollars ($5,000.00).

(mm) Failing to maintain accurate records or reports as required by this chapter or by federal or state laws or rules pertaining to the storing, labeling, selling, dispensing, prescribing, and administering of controlled substances. The usual action of the Board shall be an administrative fine from one thousand five hundred dollars ($1,500.00) to five thousand dollars ($5,000.00) and up to two (2) years probation. For a second or subsequent offense, the usual action of the Board shall be up to three (3) years probation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00).

(nn) Failing to report a change of address to the Board within 60 days thereof. The usual action of the Board shall be an administrative fine of one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of the Board shall be an administrative fine of three thousand dollars ($3,000.00)

(oo) Failure of the responsible veterinarian or permittee to report a change of premises ownership or responsible veterinarian within 60 days thereof. The usual action of the Board shall be an administrative fine of one thousand dollars ($1,000.00). For a second or subsequent offense, the usual action of the Board shall be an administrative fine of three thousand dollars ($3,000.00).

(pp) Failing to give the owner of a patient, before dispensing any drug, a written prescription when requested. The usual action of the Board shall be an administrative fine of two thousand dollars ($2,000.00). For a second or subsequent offense, the usual action of the Board shall be an administrative fine from three thousand dollars to five thousand dollars ($5,000.00).

(qq) Order, prescribe, or make available medicinal drugs or drugs as defined in s. 465.003 approved by the United States Food and Drug Administration for human use or compounded antibacterial, antifungal, antiviral, antiparasitic medications without having conducted an in-person physical examination of the animal or made medically appropriate and timely visits to the premises where the animal is kept. ( s. 474.2021(4)(e) 2, F.S.) For violations involving medicinal drugs or drugs defined in Chapter 465 F.S., the usual action of the Board shall be to impose a penalty ranging from a reprimand up to one (1) year suspension followed by one (1) year probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty from one (1) to two (2) years suspension followed by two (2) years probation and an administrative from three thousand dollars ($3,000) to five thousand dollars ($5,000.00). For violations involving controlled substances as defined in Chapter 893, F.S., the usual action of the Board shall be to impose a penalty of two (2) year suspension to revocation and an administrative fine of three thousand dollars ($3,000) to four thousand dollars ($4,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose an administrative fine of four thousand dollars ($4,000) to five thousand dollars ($5,000.00) and 5 year suspension to revocation.

(rr) Using veterinary telehealth to prescribe a controlled substance as defined in chapter 893 unless the veterinarian has conducted an in-person physical examination of the animal or made medically appropriate and timely visits within the past year to the premises where the animal is kept. (s. 474.2021(4)(e) 3, F.S.) The usual action of the Board shall be to impose a penalty of an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00) and one (1) to two (2) years probation. For a second or subsequent offense, the usual action of the Board Board shall be to impose a penalty two (2) years probation up to one (1) year suspension and an administrative fine of four thousand ($4,000) to five thousand dollars ($5,000.00).

(ss) Using veterinary telehealth to prescribe a drug or other medication for use on a horse engaged in racing or training at a facility under the jurisdiction of the Florida Gaming Control Commission or on a horse that is a covered horse as defined in the federal Horseracing Integrity and Safety Act, 15 U.S.C. ss. 3051 et seq. (s. 474.2021(4)(e) 4, F.S.) The usual action of the Board shall be to impose a penalty ranging from a reprimand and an adminstrative fine of two thousand dollars ($2,000.00) to three thousand dollars ($3,000). For a second or subsequent offense, the usual action of the Board shall be to impose two (2) years probation up to two (2) years suspension followed by two (2) years probation and an administrative fine of four thousand dollars ($4,000) to five thousand dollars ($5,000.00).

(tt) Using veterinary telehealth to issue an international or interstate travel certificate or a certificate of veterinary inspection. (s. 474.2021(4)(h) , F.S.) The usual action of the Board shall be to impose a penalty of ranging from up to one (1) year suspension followed by one (1) year probation an administrative fine of three thousand dollars ($3,000.00) up to revocation and a fine of five thousand dollars ($5,000). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of a three (3) year suspension and an administrative fine of five thousand dollars ($5,000.00) up to revocation and a fine of five thousand dollars ($5,000).

(3) When the Board finds an applicant, licensee, or permittee whom it regulates under Chapter 474, F.S., has committed any of the acts set forth in Section 455.227(1), F.S., it will issue a Final Order imposing appropriate penalties within the ranges recommended in the following disciplinary guidelines: (a) Misleading, deceptive, untrue, or fraudulent representations in the practice of veterinary medicine. The usual action of the Board will be to impose a penalty ranging from up to one (1) year suspension followed by one (1) year probation and an administrative fine of up to two thousand dollars ($2,000.00) to revocation and an administrative fine of up to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be a penalty of up to two (2) years suspension followed by up to two (2) years probation to revocation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00).

(b) Intentionally violating any rule adopted by the Board or the Department. The usual action of the Board will be to impose a penalty ranging from the issuance of a reprimand and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00) to revocation and an administrative fine of up to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be a penalty ranging from up to one (1) year probation to revocation and an administrative fine from three thousand dollars to five thousand dollars ($5,000.00).

(c) Being convicted of a felony which relates to the practice of veterinary medicine. The usual action of the Board will be revocation and an administrative fine of up to five thousand dollars ($5,000.00).

(d) Being adjudicated mentally incompetent. The usual action of the Board will be consistent with paragraph (2)(i), above.

(e) The license has been obtained by fraud or material misrepresentation of a material fact. The usual action of the Board will be revocation of the license and an administrative fine of up to five thousand dollars ($5,000.00).

(f) Use of a Class III or a Class IV laser device or product, as defined by federal regulations, without having complied with the rules promulgated pursuant to Section 501.122(2), F.S., governing the registration of such devices with the Department of Health and Rehabilitation. The usual action of the Board will be an administrative fine of up to three thousand dollars ($3,000.00). For a second or subsequent offense, the usual action of the Board shall be an administrative fine of five thousand dollars ($5,000.00).

(g) Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the Department against another licensee. The usual action of the Board will be to impose a penalty ranging from the issuance of a reprimand up to two (2) years suspension followed by up to two (2) years probation and an administrative fine from two thousand dollars ($2,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty of up to three (3) years suspension followed by up to three (3) years probation to revocation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00).

(h) Making deceptive, untrue, or fraudulent representations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession. The usual action of the Board will be to impose a penalty ranging from up to two (2) years suspension followed by up to two (2) years probation and an administrative fine of up to three thousand dollars ($3,000.00) to revocation and and an administrative fine of up to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be to impose a penalty ranging from up to three (3) years suspension followed by three (3) years probation to revocation and an administrative fine of five thouasand dollars ($5,000.00).

(i) Exercising influence on the patient or client for the purpose of financial gain of the licensee or a third party. The usual action of the Board will be up to two (2) years suspension followed by up to two (2) years probation and an administrative fine from three thousand dollars ($3,000.00) to five thousand dollars ($5,000.00). For a second or subsequent offense, the usual action of the Board shall be up to three (3) years suspension followed by up to three (3) years probation to revocation and an administrative fine of five thousand dollars ($5,000.00).

(4) Based upon consideration of aggravating or mitigating factors present in an individual case, the Board may deviate from the penalties recommended in subsections (1), (2) and (3) above. The Board shall consider as aggravating or mitigating factors the following: (a) The danger to the public; (b) The length of time since the violation; (c) The number of times the licensee has been previously disciplined by the Board; (d) The length of time licensee has practiced; (e) The actual damage, physical or otherwise, caused by the violation; (f) The deterrent affect of the penalty imposed; (g) The affect of the penalty upon the licensee’s livelihood; (h) Any effort of rehabilitation by the licensee; (i) The actual knowledge of the licensee pertaining to the violation; (j) Attempts by licensee to correct or stop violation or refusal by licensee to correct or stop violation; (k) Related violations against licensee in another state including findings of guilt or innocence, penalties imposed and penalties served; (l) Actual negligence of the licensee pertaining to any violation; (m) Penalties imposed for related offenses under subsections (1), (2) and (3) above; (n) Pecuniary benefit or self-gain enuring to licensee; (5) Penalties imposed by the Board pursuant to subsections (1), (2) and (3) above, may be imposed in combination or individually, and are as follows: (a) Issuance of a reprimand; (b) Imposition of an administrative fine not to exceed five thousand dollars ($5,000.00) for each count or separate offense; (c) Restriction of the authorized scope of practice; (d) Placement of the licensee on probation for a period of time and subject to such conditions as the Board may specify, including requiring the licensee to attend continuing education courses or to work under the supervision of another licensee; (e) Suspension of a license; (f) Revocation of a license; (g) Denial of an application for licensure or a permit to own and operate a veterinary establishment; and (h) The taking and passing of a clinical competency specialty examination. (6) The provisions of subsections (1) through (5), above, are not intended and shall not be construed to limit the ability of the Board to informally dispose of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(3), F.S. (7) The provisions of subsections (1) through (5), above, are not intended and shall not be construed to limit the ability of the Board to pursue or recommend the Department pursue collateral civil or criminal actions when appropriate. Rulemaking Authority 455.2273(1), 474.206 FS. Law Implemented 455.2273, 474.213, 474.214 FS. History–New 12-8-86, Amended 5-27-91, Formerly 21X-30.001, Amended 8-18-94, 5-13-96, 2-18-01, 7-20-03, 7-30-06, 8-20-09, 2-24-14, 11-2-20, 1-3-21, 2-13-25. 61G18-30.002 Minor Violations, Notice of Noncompliance. (1) In accordance with Section 455.225(3), F.S., and in lieu of a formal disciplinary proceeding when a complaint of first time minor violation is received, the Department may provide a licensee with a notice of noncompliance. Failure of a licensee to take action in correcting the violation within the 15 days after notice may result in the institution of regular disciplinary proceedings. (2) A notice of noncompliance may be issued when there has been no economic or physical harm to a person; when the public health, safety or welfare has not been endangered and when there is no evidence or allegation of deliberate deception. (3) A first time offense of the following violations may be disposed by a notice of noncompliance: (a) False, deceptive or misleading advertising in violation of Section 474.214(1)(e), F.S., or Rule 61G18-21.001, F.A.C., so long as the veterinarian has received no compensation for services sought by the client as the result of the advertising or if compensation has been received, so long as it has been returned to the client; (b) Failure to include in an advertisement for free or discounted services the statement required by Section 455.24, F.S.; (c) Failure to display a license, premises permit or mobile clinic permit as required by Section 474.216, F.S. (d) Practicing veterinary medicine with a delinquent license for less than 90 days. (e) Operating a veterinary establishment without a premises permit for less than 60 days. (f) Failure to notify board of a change in responsible veterinarian within 30 days. (g) Failure to report a change of address to the Board within 90 days. (h) Failure to report in writing to the Board a criminal conviction or plea of nolo contendere, regardless of adjudication, within 30 days, pursuant to Sections 455.227(1)(t) and 474.214(1)(c), F.S. (4) A second or subsequent offense shall result in the issuance of a citation pursuant to Rule 61G18-30.003, F.A.C., if available, or disciplinary proceedings pursuant to Section 455.225, F.S. In cases where more than two (2) of these offenses are present, disciplinary proceedings pursuant to Section 455.225, F.S., shall be instituted. Rulemaking Authority 474.206, 455.225(3) FS. Law Implemented 455.225(3) FS. History–New 5-9-90, Formerly 21X-30.002, Amended 12-30-97, 8-26-19. 61G18-30.003 Citations. (1) Definitions. (a) “Citation” means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule; (b) “Subject” means the licensee, trainee, or applicant alleged to have committed a violation designated in this rule. (2) In lieu of the disciplinary procedures contained in Section 455.225, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation. (3) The procedures described herein apply only for an initial offense of the alleged violation. Subsequent violation(s) of the same rule or statute shall require the procedures of Section 455.225, F.S., to be followed. In addition, should an initial offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.225, F.S., shall apply. (4) Pursuant to Section 455.224, F.S., the Board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. The Board hereby designates the following as citation violations which shall result in a penalty of five hundred dollars ($500.00) unless otherwise noted: (a) False, deceptive or misleading advertising in violation of Section 474.214(1)(e), F.S., or Rule 61G18-21.001, F.A.C., so long as the veterinarian has received no compensation for services sought by the client as the result of the advertising or if compensation has been received, so long as it has been returned to the client; (b) Failure to include in an advertisement for free or discounted services the statement required by Section 455.24, F.S.; (c) Failure to display a license, premises permit or mobile clinic permit as required by Section 474.216, F.S. (d) Practicing veterinary medicine or operating a veterinary establishment when the license has become delinquent. (e) Failure to notify the Board of a change in responsible veterinarian. (f) Failure to obtain or complete the continuing education required for licensure renewal within the biennium.

1. If the licensee responds to the audit letter and the required continuing education hours were not completed prior to the end of the biennium, but the licensee provides proof of completion within 60 days of receipt of initial audit letter, the licensee shall be issued a Notice of Non-compliance. These hours shall not be used for license renewal during the biennium in which they were earned.
2. If the licensee responds to the audit but cannot provide proof that the required continuing education hours were completed, the licensee will be issued a citation in the amount of $250. The licensee shall be required to complete the hours needed within 6 months of the date of issuance of the citation. These hours shall not be used for license renewal during the biennium in which they were earned.
3. If the licensee fails to respond to the continuing education audit the licensee will be issued a citation in the amount of $500. The licensee shall be required to complete the hours needed within 6 months of the date of issuance of the citation. These hours shall not be used for license renewal during the biennium in which they were earned.
4. If a licensee responds to the continuing education audit with an explanation and documentation of an illness or hardship which prevented them from completing the required continuing education within the biennium the Board, or the Board Chair when delegated by the Board, may grant up to a 6 month extension during which the licensee shall be required to complete the hours needed. These hours shall not be used for license renewal during the biennium in which they were earned. (g) Signing and distributing to others invalid or incomplete official certificates of veterinary inspection for the intrastate sale of dogs or cats. (h) Operating a veterinary establishment without a premises permit for more than 60 days but less than one year. The fine shall be $100 per month, to a maximun of $1,200. (5) Prior to issuance of the citation, the Department must confirm that the violation has been corrected or is in the process of being corrected. If the violation is a substantial threat to the public health, safety, and welfare, such potential for harm must be removed prior to issuance of the citation. (6) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions pursuant to Rule 61G18-30.001, F.A.C. (7) The Board of Veterinary Medicine shall, at the end of each calendar quarter, promulgate a report of the citations issued which report shall contain the name of the subject, the violation, fine imposed, whether the subject complied with the citation upon it becoming a final order, and the number of subjects who chose to follow the procedures of Section 455.224, F.S. Rulemaking Authority 455.224, 474.206 FS. Law Implemented 455.224 FS. History–New 1-1-92, Formerly 21X-30.003, Amended 7-4-95, 5-13-96, 2-17-02, 6-16-14, 12-30-14, 6-30-16. 61G18-30.004 Time Limitation for Payment of Administrative Fine. In cases where the Board imposes an administrative fine and costs for a violation of Chapter 455 or 474, F.S., or the rules promulgated pursuant thereunder, the fine or costs shall be paid within thirty (30) days from the date the order of the Board is filed. Rulemaking Authority 455.227(2), 474.206 FS. Law Implemented 455.227(2) FS. History–New 8-16-94. 61G18-30.005 Terms of Probation. Any licensee determined to have violated the provisions of Chapter 474, F.S., may be ordered to serve probationary terms including any or all of the following: (1) Probationer’s license may be suspended for a period of time set by the Board, the suspension may be stayed so long as the licensee complies with the terms of probation established. (2) The licensee may be placed on probation for a period of time set by the Board. Any deviation from the requirements of the probation without prior written consent of the Board shall constitute a violation of probation. The probationary period shall automatically terminate at the end of the prescribed time, but only if all terms and conditions have been met. Otherwise, the probation shall be terminated only by order of the Board upon proper petition of the licensee, supported by evidence of compliance with the Final Order. (3) The licensee’s probation may be subject to the following terms and conditions: (a) Probationer shall comply with all state statutes and rules pertaining to the practice of Veterinary Medicine Chapters 455 and 474, F.S., and rule Chapter 61G18, F.A.C. (b) Probationer shall appear before the Board at the first meeting after the probation commences, at the last meeting of the Board preceding termination of probation, and at such other times as requested by the Board. (c) In the event Probationer leaves the State of Florida for a period of thirty days or more, or otherwise does not engage in practice in Florida, Probationer’s probation shall be tolled and shall remain in a tolled status until Probationer returns to active practice in the State of Florida, at which time the probationary status shall resume. Probationer must keep current residence and business address on file with the Board. Probationer shall notify the Board within ten (10) days of any changes of said addresses. (d) Probationer shall practice only under the supervision of a veterinarian fully licensed under Chapter 474, F.S., to be approved by the Board or its designee. Probationer shall have the supervising veterinarian with the Probationer at the Probationer’s first probation appearance before the Board. Prior to approval of the supervising veterinarian by the Board or its designee, the Probationer shall provide to the supervising veterinarian a copy of the administrative complaint filed in this case. A failure of the Probationer or the supervising veterinarian to appear at the scheduled Board meeting shall constitute a violation of the Board’s Final Order. Prior to the approval of the supervising veterinarian by the Board or its designee, Probationer shall submit to the Board or its designee a current curriculum vitae and description of the current practice from the proposed supervising veterinarian. Said materials shall be received in the Board office no later than fourteen (14) days before Probationer’s first scheduled probation appearance. Probationer shall be responsible for ensuring that the supervising veterinarian submits the required reports. The responsibilities of the supervising veterinarian shall include:
5. Submit quarterly reports in affidavit form which shall include:
   1. Brief statement of why Probationer is on probation.
   2. Description of Probationer’s practice.
   3. Brief statement of Probationer’s compliance with terms of probation.
   4. Brief statement of Probationer’s relationship with supervising veterinarian.
   5. Detail any problems which may have arisen with Probationer.
6. Review a percentage of Probationer’s patient records selected on a random basis at least once every two (2) weeks.
7. Review all patient records treated for/with certain conditions.
8. Consult with Probationer on all cases involving specified conditions.
9. Review Probationer’s use of pharmaceutical agents.
10. Report to the Board any violations by the Probationer of Chapters 455, 893 and 474, F.S., and the rules promulgated pursuant thereto. (e) Probationer shall submit quarterly reports in affidavit form to the Board. The reports shall include:
11. Brief statement of why Probationer is on probation.
12. Practice location.
13. Description of current practice stating type and composition.
14. Brief statement of compliance with probationary terms.
15. Description of relationship with the supervising veterinarian.
16. Description of any problems.
17. Certified copies of a number of patient records of patients examined or treated by the Probationer within the previous sixty (60) days with all identification of patient suitably obliterated. (f) Probationer shall obtain a number of Continuing Education credits in specific areas, within a number of months/year(s), in addition to those hours required for renewal of licensure. (g) Probationer shall see a psychiatrist, psychologist or psychotherapist approved by the Board or its designee at least the specified number of visits for evaluations and treatment. (h) Probationer shall comply with the requirements of the PRN program and shall provide releases to medical records sufficient to satisfy state and federal laws. (i) Medical Records Probation: When the violation is related to the failure to keep adequate medical records the Board may impose probation as specified below to monitor and improve the respondent’s medical record keeping.
18. The probationer shall complete an approved continuing education course on Medical Record Keeping of at least 4 hours within 30 days of the final order. Respondent must submit information on the course to be taken to the Board Office and it must be approved by the Board Chairman or his designee before the respondent takes the course.
19. As a condition of probation, Respondent shall submit themselves to two (2) unannounced collections of medical records by a Department investigator per year during Respondent’s probationary period. During each collection, the Department investigator shall be permitted to select and copy, at the Respondent’s expense, the medical records of five (5) patients of the investigator’s choosing; said records shall be submitted to the Board office for review and approval by a board member assigned by the Board Chairman. Respondent shall facilitate said inspections in whatever manner required by the Department. Records must include records that were created on or after the date of the final order.
20. If the reviewer finds records to be not in compliance with Rule 61G18-18.002, F.A.C., a copy of the reviewers report will be provided to the Respondent and the Board and the respondent will be required to appear for an additional probation appearance at the next regularly schedule meeting of the Board. Violations of Rule 61G18-18.002, F.A.C., may result in disciplinary action.
21. Probationer shall appear before the Board at the first meeting after the probation commences, at the last meeting of the Board preceding termination of probation, and at such other times as requested by the Board.
22. In the event Probationer leaves the State of Florida for a period of thirty days or more, or otherwise does not engage in practice in Florida, Probationer’s probation shall be tolled and shall remain in a tolled status until Probationer returns to active practice in the State of Florida, at which time the probationary status shall resume. Probationer must keep current residence and business address on file with the Board. Probationer shall notify the Board within ten (10) days of any changes of said addresses. (4) Probationer shall pay an administrative fine or costs in the amount set by the Board, said fine to be paid or costs to the Board within a certain number of days of the effective date of the Final Order. Rulemaking Authority 455.227 FS. Law Implemented 455.227, 455.2273 FS. History–New 1-18-95, Amended 3-20-95, 7-15-21. 61G18-30.006 Mediation. (1) “Mediation” means a process whereby a mediator appointed by the department acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal and nonadversarial process with the objective of assisting the parties to reach a mutually acceptable agreement. (2) The board finds that mediation is an acceptable method of dispute resolution for the following violations as they are economic in nature or can be remedied by the licensee: (a) Failure for the licensee to timely pay any assessed administrative fines or costs; (b) Failure of the licensee to timely respond to a continuing education audit. Rulemaking Authority 455.2235 FS., as amended by Chapter 94-119, Laws of Florida. Law Implemented 455.2235 FS., as amended by Chapter 94-119, Laws of Florida. History–New 1-5-95.

Division 61G19 Building Code Administrators and Inspectors Board

Chapter 61G19-1 PURPOSE, ORGANIZATION, DEFINITIONS

Fla. Admin. Code R. 61G19-1 PURPOSE, ORGANIZATION, DEFINITIONS

CHAPTER 61G19-1 PURPOSE, ORGANIZATION, DEFINITIONS 61G19-1.001 Purpose (Repealed) 61G19-1.002 Agency Description: Florida Building Code (Repealed) 61G19-1.003 General Agency Information (Repealed) 61G19-1.004 Statutory Chapters and Rules (Repealed) 61G19-1.005 Public Information and Inspection of Records (Repealed) 61G19-1.006 Officers of the Board 61G19-1.007 Public Access (Repealed) 61G19-1.008 Authority of the Board (Repealed) 61G19-1.009 Definitions 61G19-1.010 List of Approved Forms (Repealed) 61G19-1.001 Purpose. Rulemaking Authority 120.54, 468.601 FS. Law Implemented 120.54, 455.601 FS. History–New 5-23-94, Repealed 11-21-95. 61G19-1.002 Agency Description: Florida Building Code Administrators and Inspectors Board. Rulemaking Authority 20.165(2), 468.606 FS. Law Implemented 468.605 FS. History–New 5-23-94, Repealed 11-28-95. 61G19-1.003 General Agency Information. Rulemaking Authority 120.53, 468.601 FS. Law Implemented 120.53, 468.601 FS. History–New 5-23-94, Repealed 11-28-95. 61G19-1.004 Statutory Chapters and Rules. Rulemaking Authority 120.53, 468.606 FS. Law Implemented 120.53, 468.606 FS. History–New 5-23-94, Repealed 11-28-95. 61G19-1.005 Public Information and Inspection of Records. Rulemaking Authority 120.53, 468.606 FS. Law Implemented 120.53, 468.606 FS. History–New 5-23-94, Repealed 11-28-95. 61G19-1.006 Officers of the Board. (1) The Board shall designate one of its members to serve as Chair of the Board. The Chair of the Board shall preside over meetings, appoint any committees necessary for the orderly conduct of the Board’s business, and shall direct all activities requiring authority and direction of the Board while the Board is in recess. (2) The Board shall designate one of its members to serve as the Vice Chair of the Board. The Vice Chair shall perform all duties of the Chair when the Chair is incapacitated or otherwise unavailable. (3) The term of officers shall be one year. Rulemaking Authority 468.606 FS. Law Implemented 455.207 FS. History–New 5-23-94, Amended 11-21-95. 61G19-1.007 Public Access. Rulemaking Authority 120.53, 468.606 FS. Law Implemented 120.53, 468.606 FS. History–New 5-23-94, Repealed 11-28-95. 61G19-1.008 Authority of the Board. Rulemaking Authority 468.606 FS. Law Implemented 468.606, 468.609 FS. History–New 5-23-94, Repealed 11-28-95. 61G19-1.009 Definitions. (1) “Board” means the Florida Building Code Administrators and Inspectors Board. (2) “Certificate” means a certificate issued by the Department as provided in Chapter 468, Part XII, F.S. The term does not include a certificate issued by the International Code Council (ICC) Code Institute. (3) “Certificate” or “Certificate holder” shall for the purposes of Chapter 61G19, F.A.C., be synonymous with the terms “License” and “Licensee” respectively. The term does not include a certificate issued by the International Code Council (ICC) Code Institute. (4) “Certified Building Official” means a person holding a Florida Standard Certificate as a Building Code Administrator or Building Official, as those terms are defined in Section 468.603(2), F.S. The term does not include persons holding only an International Code Council (ICC) Code Institute certification as a building official, unless such person also holds a Florida Standard Certificate as such. (5) “Course” means an educational class, lesson, seminar, conference, program, or demonstration, whether taught by personal appearance, correspondence, electronic media, or other means. (6) “Cross Training” means board-approved training provided to individuals already certified in at least one discipline by this board or as a firesafety inspector and providing an alternative to the typical prerequisite experience/education. (7) “Department” means the Department of Business and Professional Regulation. (8) “Direct Supervision” means the supervisor directs, supervises and controls the activities of the trainee. (9) “Employee” means a person who receives compensation from, and is under supervision and control of, an employer who regularly deducts the F.I.C.A. and withholding tax and provides workers’ compensation, all as prescribed by law. (10) “Experience” means practical working experience as a trade person or construction, design or inspection industry professional, for compensation. (11) “Initial Training” means board-approved training provided to individuals not already certified by this board in any category or as a firesafety inspector, and providing an alternative to the typical prerequisite experience/education. (12) “Internship Certification Program” means a board-approved program(s) of learning for individuals seeking certification as either a building, electrical, plumbing, mechanical, or residential inspector or a plans examiner while employed full-time by a governmental jurisdiction, which emphasizes on-the-job-training and provides an alternative to the typical prerequisite experience/education for licensure as an inspector or plans examiner. (13) “Municipal Service Provider” means a company, firm or person that provides persons or is a person possessing standard licensure under this part and performs activities of inspection, plan review or Building Code Administrator services to a governmental entity under contract with that entity. (14) “One and two family dwelling inspector” means an individual approved for standard certification by the Board prior to July 1, 2020 who is qualified to inspect and determine that one and two family dwelling and accessory structures are constructed in accordance with the provisions of the Florida Building Code/Residential. (15) “Private provider” is as defined in Section 553.791(1)(n), F.S., and means a person providing alternative plans review and inspection services, who is licensed as a building code administrator under Part XII of Chapter 468, F.S., as an engineer under Chapter 471, F.S., or as an architect under Chapter 481, F.S. For purposes of performing inspections under Section 553.79, F.S., for additions and alterations that are limited to 1,000 square feet or less to residential buildings, the term “private provider” also includes a person who holds a standard certificate under Part XII of Chapter 468, F.S. The term does not include a non-governmental employee exercising building construction regulation responsibilities pursuant to contract with a state or local governmental agency or jurisdiction (commonly known as a “Municipal Services Provider”). (16) “Residential Inspector” means a person approved for and has passed an examination administered by the International Code Council for this category after July 1, 2020 who is qualified to inspect and determine that one-family, two family, or three-family residences, and their accessory structures are constructed in accordance with the provisions of the governing; building, plumbing, mechanical, accessibility, and electrical codes. (17) “Supervisory Experience” means that an applicant meets the supervisory experience requirement, an applicant for certification under this part shall have performed management or supervisory responsibilities that shall have included operational control and direction of persons in the production of construction design, actual construction, or construction inspection, or other category of work acceptable to the board. (18) “Verifiable Experience” means experience which can be confirmed and/or substantiated by board-approved attestation, evidence or testimony. Postsecondary education substituted in lieu of verifiable experience shall be documented through copies of official transcripts. (19) “Voluntary certification program” means those certification programs operated by the Southern Building Code Congress International, Building Officials Association of Florida, Council of American Building Officials, South Florida Building Code (Dade and Broward), and the voluntary certification program formerly operated by the Florida Department of Community Affairs. Rulemaking Authority 468.606, 468.607 FS. Law Implemented 455.01, 468.603, 468.609 FS. History–New 5-23-94, Amended 5-21-95, 11-20-95, 1-16-03, 6-8-17, 2-14-18, 10-21-20, 12-21-22, 12-12-24. 61G19-1.010 List of Approved Forms. Rulemaking Authority 468.606, 468.609 FS. Law Implemented 468.609 FS. History–New 5-23-94, Repealed 11-28-95.

Chapter 61G19-2 BOARD MEETINGS

Fla. Admin. Code R. 61G19-2 BOARD MEETINGS

CHAPTER 61G19-2 BOARD MEETINGS 61G19-2.001 Notice of Meetings and Workshops (Repealed) 61G19-2.002 Agenda of Meetings and Workshops (Repealed) 61G19-2.003 Board Meetings (Repealed) 61G19-2.004 Conducting Meetings and Workshops by Communications Media Technology (Repealed) 61G19-2.005 Emergency Meetings (Repealed) 61G19-2.006 Attendance at Board Meetings, Unexcused Absences 61G19-2.007 Board Member Compensation 61G19-2.008 Public Comment 61G19-2.001 Notice of Meetings and Workshops. Rulemaking Authority 120.53, 468.606 FS. Law Implemented 120.53, 468.606 FS. History–New 5-23-94, Repealed 11-21-95. 61G19-2.002 Agenda of Meetings and Workshops. Rulemaking Authority 120.53, 468.606 FS. Law Implemented 120.53, 468.606 FS. History–New 5-23-94, Repealed 11-21-95. 61G19-2.003 Board Meetings. Rulemaking Authority 120.53, 468.606 FS. Law Implemented 120.53, 468.606 FS. History–New 5-23-94, Amended 11-21-95, Repealed 2-17-98. 61G19-2.004 Conducting Meetings and Workshops by Communications Media Technology. Rulemaking Authority 120.53, 468.606 FS. Law Implemented 120.53, 468.606 FS. History–New 5-23-94, Repealed 2-17-98. 61G19-2.005 Emergency Meetings. Rulemaking Authority 120.53, 468.606 FS. Law Implemented 120.53, 468.606 FS. History–New 5-23-94, Repealed 2-17-98. 61G19-2.006 Attendance at Board Meetings, Unexcused Absences. (1) Board members shall attend all regularly scheduled Board meetings unless prevented from doing so by reason of court order, subpoena, business with a court which has the sole prerogative of setting the date of such business, conflict with other scheduled business of the Board, conflicting business previously authorized by the Board, death of family member, illness of the Board member, hospitalization of the member’s immediate family, unavoidable travel delays or cancellations, or other extraordinary circumstances as approved by the Board. (2) No Board member may be absent from three consecutive regularly scheduled Board meetings unless the absence is excused for one of the reasons stated in subsection (1) of this rule. An absence for any reason other than the reasons stated in subsection (1), constitutes an unexcused absence for the purpose of declaring a vacancy of the Board. An otherwise excused absence is not excused if the Board member fails to notify the Board office of the impending absence prior to the regularly scheduled Board meeting at which the absence will occur or unless the failure to notify the Board office is the result of circumstances surrounding the reason for the absence which the Board itself excuses after the absence has occurred. (3) “Family” consists of immediate family, nieces, nephews, cousins, and in-laws. (4) “Immediate family” consists of spouse, child, parents, parents-in-law, siblings, grandchildren, and grandparents. Rulemaking Authority 455.207(3), 468.606(1) FS. Law Implemented 455.207(3) FS. History–New 6-21-00. 61G19-2.007 Board Member Compensation. (1) All members of the Board shall be compensated $50 for each day in attendance at an official meeting of the board and for each day of participation in any other business involving the board. Any former member of the Board who serves on a probable cause panel shall be compensated $50 for each day in attendance at an official meeting of the probable cause panel of the board. Board members and former Board members serving on a probable cause panel shall also be entitled to reimbursement for expenses pursuant to Section 112.061, F.S. (2) For purposes of determining when members of the Board shall be entitled to compensation pursuant to Section 455.207, F.S., other business involving the board shall include the following: (a) All regularly scheduled and emergency meetings of Board and its committees; (b) All regularly scheduled and emergency meetings of the probable cause panel; (c) All meetings of Board members with Department staff or contractors or consultants of the Department when such meeting is at the Department’s or the Board’s request; (d) All meetings of Board members when the member’s participation has been requested by the Secretary or the Department staff; (e) All activities of Board members, if authorized by the Board or requested by the Department involving the preparation, administration, grading, proctoring, or reviewing of examinations given by the Department; (f) Attendance by a Board member at continuing education programs or courses for the purpose of auditing a Board-approved provider or course when such attendance has been approved by the Board prior to the program or course; (g) Attendance by a Board member at legislative workshops, hearings, or committee meetings at the request of the Board or the Department; (h) Attendance by a Board member at a Board authorized meeting with professional associations of which the Board is a member or invitee when the member attendance is as an authorized representative of the Board and when such attendance has been requested by the Department or approved by the Board prior to the meeting. This would include all meetings of national associations of registration Boards of which the Board is a member as well as Board authorized participation in meetings of national or professional associations or organizations involved in educating, regulating or reviewing the profession over which the Board has statutory authority. (i) Attendance by a Board member at a Board authorized meeting or function when the member’s attendance is as an authorized representative of the Board and when such attendance has been requested by the Department or approved by the Board prior to the meeting or function; (j) All travel to and from an official meeting of the Board or other business involving the Board as defined herein that involves the use of all or any part of a day prior to the commencement of or subsequent to the completion of the Board meeting or other business involving the Board provided that such travel is necessary for attendance at the meeting or other business and is not done for the member’s personal choice or convenience; (k) Any and all other activities which are approved by the Board and which are necessary for Board members to attend in order to further protect the public health, safety and welfare, through the regulation of which the Board has statutory authority. Rulemaking Authority 455.207(4), 468.606(1) FS. Law Implemented 455.207(4) FS. History–New 6-21-00. 61G19-2.008 Public Comment. The Building Code Administrators and Inspectors Board invites and encourages all members of the public to provide comment on matters or propositions before the Board or a committee of the Board. The opportunity to provide comment shall be subject to the following: (1) Members of the public will be given an opportunity to provide comment on subject matters before the Board after an agenda item is introduced at a properly noticed board meeting. (2) Members of the public shall be limited to two (2) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Board members, staff or board counsel. The chair of the Board may extend the time to provide comment if time permits. (3) Members of the public shall notify board staff in writing of their interest to be heard on a proposition or matter before the Board. The notification shall identify the person or entity, indicate support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons consisting of five (5) or more persons. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 4-16-14.

Chapter 61G19-5 DISCIPLINE, FINAL ORDERS

Fla. Admin. Code R. 61G19-5 DISCIPLINE, FINAL ORDERS

CHAPTER 61G19-5 DISCIPLINE, FINAL ORDERS 61G19-5.001 Procedure for Disciplinary Cases and Other Cases in Which a Person’s Substantial Interests Are Affected by Board Action (Repealed) 61G19-5.002 Disciplinary Guidelines 61G19-5.003 Aggravating and Mitigating Factors 61G19-5.004 Final Orders 61G19-5.005 Criteria for Reinstatement and Relicensure 61G19-5.006 Citations 61G19-5.007 Notice of Noncompliance 61G19-5.001 Procedure for Disciplinary Cases and Other Cases in Which a Person’s Substantial Interests Are Affected by Board Action. Rulemaking Authority 120.54(10), 120.57, 468.606 FS. Law Implemented 120.57, 468.621 FS. History–New 5-23-94, Repealed 11-28-95. 61G19-5.002 Disciplinary Guidelines. (1) Purpose. Pursuant to Section 455.2273, F.S., the Board provides within this rule disciplinary guidelines which shall be imposed upon applicants or licensees whom it regulates under Chapter 468, Part XII, F.S. The purpose of this rule is to notify applicants and licensees of the ranges of penalties which will routinely be imposed unless the Board finds it necessary to deviate from the guidelines for the stated reasons given in Rule 61G19-5.003, F.A.C. The ranges of penalties provided below include the lowest and highest penalty and all penalties falling between. The purposes of the imposition of discipline are to punish the applicants or licensees for violations and to deter them from future violations; to offer opportunities for rehabilitation, when appropriate; and to deter other applicants or licensees from violations. (2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.569 and 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. VIOLATION RECOMMENDED RANGE OF PENALTY

(a) Violating or failing to comply with any provision of this part, Chapter 455, F.S., or a valid rule or lawful order of the board or department, or subpoena of the department. (Sections 468.621(1)(a), F.S., 455.227(1)(b) and (q), F.S.) (a)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with a $500 administrative fine and one year’s probation to denial of the application; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(a)2. After the first offense, a minimum of one year’s probation up to revocation or denial of licensure, and an administrative fine of $2,500 up to $5,000 depending on the underlying offense and the magnitude of the violation.

(b) Obtaining certificate through fraud, deceit, or perjury. (Sections 468.621(1)(b), 455.227(1)(h), F.S.) The usual action of the Board shall be to impose a penalty of revocation and a fine of $2,500.

(c) Knowingly assisting any person to unlawfully practice building code administration, inspecting, or plans examination contrary to the provisions of this part or the building code adopted by the enforcement authority governing that person. (Sections 468.621(1)(c), 455.227(1)(j), F.S.) (c)1. In the case of an applicant, the usual action of the Board shall be from licensure with a $500 administrative fine and one year’s probation to denial of the application. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s probation to one year’s suspension and a fine of $1,000 up to $2,500.

(c)2. After the first offense, the usual action of the Board shall be to impose a penalty from one year’s suspension to revocation and a fine of $2,500 up to $5,000.

(d) Having been convicted of a felony. (Sections 468.621(1)(d), F.S.) (d)1. In the case of an applicant, the usual action of the Board shall be from licensure with a $500 administrative fine and one year’s probation to denial of the application. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension to revocation and a fine of $1,000 up to $2,500.

(d)2. For a second offense in the case of an applicant, the usual action of the Board shall be from licensure with an $1,000 administrative fine and suspension of 30 days followed by two year’s probation to denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension followed by one year’s probation with conditions to revocation and a fine of $2,500 up to $5,000.

(d)3. After the second offense, the usual action of the Board shall be revocation and a fine of $5,000.

(e) Guilt of or nolo plea entered to a crime directly related to building code administration or inspection. (Sections 468.621(1)(e), 455.227(1)(c), F.S.) (e)1. In the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension to revocation and a fine of $1,000 up to $2,500.

(e)2. After the first offense, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.

(f) Knowingly making or filing a false report or failing to file a report as required. (Sections 468.621(1)(f), 455.227(1)(l), F.S.) (f)1. In the case of an applicant, the usual action of the Board shall be from licensure with a $500 administrative fine and 30-day suspension followed by one year’s probation to denial. In the case of a licensee, the usual action of the Board shall be to impose a 30 day period of suspension to be followed by one year’s probation and a fine of $1,000 up to $2,500.

(f)2. After the first offense, in the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual action of the Board shall be revocation and a fine of $5,000.

(g) Committing willful misconduct, gross negligence, gross misconduct, repeated negligence, or negligence resulting in a significant danger to life or property. (Sections 468.621(1)(g), F.S.)

1. Negligence 1.a. In the case of an applicant, the usual action of the Board shall be from licensure with one year’s probation to denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s probation to 30 day’s suspension and a fine of $1,000 up to $2,500.

1.b. For a second offense in the case of an applicant, the usual action of the Board shall be from one year’s probation to denial and a $1,000 administrative fine. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension followed by one year’s probation and a fine of $2,500 up to $5,000.

1.c. After the second offense, the usual action of the Board shall be revocation and a fine of $5,000.

2. Gross or repeated negligence, or gross misconduct. 2.a. In the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension to revocation and a fine of $1,000 up to $2,500.

2.b. After the first offense, the usual action of the Board shall be revocation and a fine of $2,500 up to $5,000.

3. Willful misconduct. 3.a. In the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty of revocation and fine of $2,500.

(h) Making misleading, deceptive or fraudulent representations. (Sections 455.227(1)(a) and (m), F.S.) 3.b. After the first offense, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.

1. Misleading or deceptive. 1.a. In the case of an applicant, the usual action of the Board shall be licensure with a $1,000 administrative fine and one year’s probation or denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

1.b. After the first offense, in the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual penalty shall be six months’ suspension to revocation and a fine of $2,500 up to $5,000.

2. Fraudulent. 2.a. In the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension to revocation, a fine of $2,500.

2.b. After the first offense, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.

(i) Present as his or her own the certificate of another. (Sections 468.629(1)(c), 468.621(1)(a), F.S.) In the case of an applicant, the usual action of the Board shall be denial. In case of a licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.

(j) Give false or forged evidence for the purpose of obtaining a certificate. (Sections 468.629(1)(d), 468.621(1)(a), F.S.) In the case of an applicant, the usual action of the Board shall be denial. In case of a licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.

(k) Use or attempt to use a certificate that has been suspended or revoked. (Sections 468.629(1)(e), 468.621(1)(a), F.S.) In case of an applicant, the usual action of the Board shall be denial. In case of a licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.

(l) Threaten, coerce, trick, persuade, or otherwise influence or to attempt to do so, any certificate holder to violate Chapter 468, Part XIII, F.S. (Sections 468.629(1)(f), 468.621(1)(a), F.S.) (l)1. In case of an applicant, the usual action of the Board shall be denial. In case of a licensee, the usual action of the Board shall be to impose a penalty of one year’s suspension followed by one year’s probation to revocation and a fine of $2,500 up to $5,000.

(l)2. After the first offense, the usual penalty shall be revocation and a fine of $5,000.

(m) Offer compensation to a certificate holder to induce violation of law or local building code. (Sections 468.629(1)(g), 468.621(1)(a), F.S.) In case of an applicant, the usual action of the Board shall be denial. In case of a licensee, the usual action of the Board shall be to impose a penalty of revocation and a fine of $5,000.

(n) Practicing as a building code administrator, plans examiner, or inspector without a valid active certificate. (Sections 468.607, 468.621(1)(a), F.S.) (n)1. In the case of an applicant, the usual action of the Board shall be licensure with an administrative fine and probation or denial. In the case of a licensee, the usual action by the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(n)2. After the first offense, in the case of an applicant, the usual action of the Board shall be denial. For a licensee, the penalty shall be revocation and a fine of $5,000.

(o) Having the authority to practice revoked or acted against, including the denial of licensure. (Section 455.227(1)(f), F.S.) (o)1. Imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida or one year’s suspension or for an applicant licensure with a $1,000 administrative fine and one year’s probation or denial of the license until the license is unencumbered in the jurisdiction in which disciplinary action was originally taken, and an administrative fine of $1,000 up to $2,500.

(o)2. After the first offense, from imposition of discipline comparable to that which would have been imposed if a second or higher substantive violation had occurred in Florida to revocation or for an applicant from one year’s probation to denial of license and an administrative fine of $1,000 up to $2,500.

(p) Failing to report to the department any violation of Chapters 468, Part XII, and 455, F.S., or the rules of the Board or Department. (Section 455.277(1)(i), F.S.) (p)1. In case of an applicant, the usual action shall be denial or licensure with probation and an administrative fine of $500 to $1,000. In case of the licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(p)2. After the first offense, in the case of an applicant the usual action of the Board shall be denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension followed by one year’s probation to revocation and a fine of $2,500 up to $5,000.

(q) Failing to perform any statutory or legal obligations. (Section 455.227(1)(k), F.S.) (q)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with a $1,000 administrative fine and one year’s probation to denial; in the case of a licensee, the usual action of the board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(q)2. After the first offense unless otherwise specified in this rule, the usual action of the Board shall be denial in the case of an applicant; in the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s probation to revocation and a fine of $2,500 up to $5,000.

(r) Practicing or offering to practice beyond the scope of law or competence. (Section 455.227(1)(o), F.S.) (r)1. In the case of an applicant, the usual action of the Board shall be licensure with one year’s probation and a $1,000 administrative fine or denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s probation to one year’s suspension of license and a fine of $1,000 up to $2,500.

(r)2. After the first offense, in the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension of license followed by one year’s probation to revocation and a fine of $2,500 up to $5,000.

(s) Knowingly delegating professional responsibilities to an unqualified person. (Section 455.227(1)(p), F.S.) (s)1. In case of an applicant, the usual action of the Board shall be licensure with one year’s probation and a $1,000 administrative fine or denial. In case of a licensee, the usual action of the Board shall be to impose a penalty from one year’s suspension to revocation and a fine of $1,000 up to $2,500.

(s)2. After the first offense, in the case of an applicant, the usual action of the Board shall be denial. In the case of a licensee, the usual action shall be to impose a penalty from one year’s suspension of license followed by one year’s probation to revocation and a fine of $2,500 up to $5,000.

(t) Improperly interfering with an investigation, inspection, or disciplinary proceeding. (Section 455.277(1)(r), F.S.) (t) The usual action of the Board shall be denial or revocation of license with ability to reapply upon payment of an administrative fine of $2,500 up to $5,000 to denial or revocation of license without ability to reapply.

(u) Failing to lawfully execute the duties and responsibilities specified in Chapter 468, Part XII, F.S., and in Sections 553.73, 553.781, 553.79 and 553.791, F.S. (u)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with an administrative fine and one year’s probation to denial; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(u)2. After the first offense, a minimum of one year’s probation to revocation or denial of licensure, and a fine of $1,000 up to $3,000 depending on the underlying offense and the magnitude of the violation.

(v) Performing building code inspection services under Section 553.791, F.S., without satisfying the insurance requirements of said section. (v)1. Unless otherwise specified in this rule, in the case of an applicant, the usual action of the Board shall be from licensure with a $1,000 administrative fine and one year’s probation to denial; in the case of a licensee, the usual action of the Board shall be to impose a penalty from reprimand to one year’s probation and a fine of $1,000 up to $2,500.

(v)2. After the first offense, a minimum of one year’s probation to revocation or denial of license, and a fine of $1,000 up to $3,000 depending on the underlying offense and the magnitude of the violation.

(w) Failing to report in writing to the Board within thirty (30) days a conviction, guilty verdict, or plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. (w)1. For late reporting of a conviction, guilty verdict or plea, a $500 administrative fine.

(w)2. For failure to report a conviction, guilty verdict or plea, a $1,000 administrative fine.

(w)3. For failure to report a crime directly related to building code administration or inspection, open a new case pursuant to paragraph (2)(e), and failure to report shall be considered an aggravating factor.

(3) Stipulation or Settlement. The provisions of this rule are not intended and shall not be construed to limit the ability of the Board to dispose informally of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S. (4) Letters of Guidance. The provisions of this rule cannot and shall not be construed to limit the authority of the probable cause panel of the Board to direct the Agency to send a letter of guidance pursuant to Section 455.225(4), F.S., in any case for which it finds such action appropriate. (5) Other Action. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Board to pursue or recommend that the Agency pursue collateral civil or criminal actions when appropriate. Rulemaking Authority 455.227, 455.2273, 468.606 FS. Law Implemented 455.227, 455.2273, 468.607, 468.621, 468.629 FS. History–New 5-23-94, Amended 8-14-96, 8-3-97, 11-2-00, 4-10-06, 1-10-07, 9-20-09, 6-1-10, 2-1-12, 7-31-23. 61G19-5.003 Aggravating and Mitigating Factors. Based upon the consideration of the facts present in an individual case, the Board shall consider the following factors in aggravation and mitigation when deviating from the disciplinary guidelines set forth in Rule 61G19-5.002, F.A.C. The Board must make a specific finding of mitigating or aggravating circumstances in order to deviate from the guidelines. (1) Danger to the public; (2) Physical or financial harm resulting from the violation; (3) Number of violations; (4) Prior violations committed by the subject; (5) Length of time the certificate holder has practiced; (6) Deterrent effect of the penalty; (7) Correction or attempted correction of the violation; (8) Effect on the certificate holder’s livelihood; (9) Any efforts toward rehabilitation; and (10) Any other relevant evidence. Rulemaking Authority 455.2273, 468.606 FS. Law Implemented 455.2273 FS. History–New 5-23-94, Amended 12-7-97, 3-31-02. 61G19-5.004 Final Orders. (1) Final orders shall be effective upon filing with the Clerk of the Board. (2) Administrative fines shall be paid within thirty (30) days of the final order at the Board address listed in subsection 61G19-1.002(1), F.A.C. (3) In cases where the Board imposes a civil penalty for violation of Chapter 455 or Part XII of Chapter 468, F.S., or of the rules promulgated thereunder, the penalty shall be paid within thirty (30) days of its imposition by order of the Board, unless a later time for payment is specified in the Board’s Order. Moreover, unless otherwise addressed by the Board at hearings held pursuant to Section 120.57(2), F.S., whenever a fine is levied at said hearing the respondent who is fined shall have all certification to practice suspended with the imposition of the suspension being stayed for thirty (30) days. If the ordered fine is paid within said thirty (30) day period, the suspension imposed shall not take effect. Upon payment of the fine after the thirty (30) days, the suspension imposed shall be lifted. If the certificate holder does not pay the fine, within said period, then immediately upon expiration of the stay, he shall surrender his certificate(s) to an investigator of the Department of Business and Professional Regulation or shall mail said certificate(s) to the Board offices. (4) Failure to pay the penalty within the time specified in this rule or in the Board’s Order shall constitute grounds for disciplinary action against the certificate holder. (5) An action against any certificate issued within the purview of the board affects all certificates issued by the board. (6) The Board may reinstate a suspended certificate, or recertify a person whose certificate has been revoked, after review pursuant to Rule 61G19-5.005, F.A.C. Rulemaking Authority 468.606 FS. Law Implemented 455.224, 455.227, 468.621 FS. History–New 5-23-94, Amended 8-2-10. 61G19-5.005 Criteria for Reinstatement and Relicensure. When considering a licensee’s application for reinstatement or recertification, the Board shall consider the following criteria in evaluating the applicant’s eligibility for such action: (1) The nature and severity of the offense for which the certificate was suspended; (2) Evidence of any acts committed subsequent to the act for which the certificate was revoked; (3) The time elapsed since the act for which the license was revoked; (4) The extent to which the applicant has complied with any sanctions or penalties lawfully imposed upon him; (5) Evidence of rehabilitation submitted by the applicant; (6) Any legal or administrative action pending against the applicant; and (7) Corrective action taken to rectify violation. Rulemaking Authority 468.606, 468.621 FS. Law Implemented 468.621, 468.627 FS. History–New 5-23-94. 61G19-5.006 Citations. In lieu of the disciplinary procedures contained in Section 455.225, F.S., the Department is hereby authorized to dispose of any violations designated herein by issuing a citation to the subject within six months after the filing of the complaint that is the basis for the citation. The Board shall issue a citation imposing a $500.00 fine per occurrence for the following violations: (1) Engaging in building code administration or inspection while certificate(s) on inactive or delinquent status; and (2) Failing to notify the Board within thirty (30) days of the effective date of any changes in information required to be on the application or certificate. (3) Failure to provide proof of completion of 14 hours of continuing education courses. In addition to the fine, proof of compliance is still required. (4) Failure to report a criminal conviction or plea to the department within (30) days. Rulemaking Authority 455.224, 455.228, 468.606 FS. Law Implemented 455.224, 455.228, 468.621, 468.627 FS. History–New 5-23-94, Amended 12-6-95, 12-7-97, 4-5-98, 12-28-00, 7-31-23. 61G19-5.007 Notice of Noncompliance. In lieu of the disciplinary procedures contained in Sections 455.225 and 468.621, F.S., as an alternative to investigation and prosecuting when a complaint is received. The Department shall provide a licensee with a notice of noncompliance on a first offense for the following minor violations. (1)(a) Engaging in building code administration, plans examination, or inspection with a certificate on inactive or delinquent status; and, (b) Failing to notify the Board within thirty (30) days of the effective date of any changes in information required to be on the application or certificate. (2) Failure of a licensee to take action in correcting the violation within fifteen (15) days after notice shall result in the institution of regular disciplinary proceedings. Rulemaking Authority 455.225, 468.606 FS. Law Implemented 455.225, 468.621 FS. History–New 5-23-94, Amended 12-6-95, 12-7-97, 5-22-07.

Chapter 61G19-6 CERTIFICATION, EXAMINATION, APPLICATION, CERTIFICATE RENEWAL, INACTIVE STATUS

Fla. Admin. Code R. 61G19-6 CERTIFICATION, EXAMINATION, APPLICATION, CERTIFICATE RENEWAL, INACTIVE STATUS

CHAPTER 61G19-6 CERTIFICATION, EXAMINATION, APPLICATION, CERTIFICATE RENEWAL, INACTIVE STATUS 61G19-6.001 Certification for Building Code Administrators, Plans Examiners and Inspectors (Repealed) 61G19-6.002 Certification for Multiple Inspection Classes 61G19-6.003 Certification for Building Code Administrators, Plans Examiners and Inspectors (Repealed) 61G19-6.0035 Application for Provisional and/or Standard Certification 61G19-6.0036 Application for Certification Review Procedure 61G19-6.004 Abandonment of Applications (Repealed) 61G19-6.005 Information Required on Certificates (Repealed) 61G19-6.006 Changes in Application and Certificate Information (Repealed) 61G19-6.007 Standard Certificates; In General (Repealed) 61G19-6.008 Reexamination 61G19-6.0085 Florida Principles and Practice 61G19-6.009 Other Methods of Qualification for Standard Certification (Repealed) 61G19-6.010 Other Methods of Qualification for Standard Certification (Repealed) 61G19-6.011 Limited Certificates (Repealed) 61G19-6.012 Provisional Certificates 61G19-6.013 Biennial Renewal (Repealed) 61G19-6.014 Reactivate a Delinquent License 61G19-6.015 Inactive Status 61G19-6.016 Voluntary Certification Categories 61G19-6.017 Residential Inspector Certification 61G19-6.018 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions 61G19-6.019 Null and Void 61G19-6.001 Certification of Building Code Administrators, Plans Examiners, and Inspectors. Rulemaking Authority 120.60, 468.606 FS. Law Implemented 468.607, 468.609 FS. History–New 5-23-94, Repealed 12-4-95. 61G19-6.002 Certification for Multiple Inspection Classes. The Board shall issue a single certificate valid for multiple inspection classes to: (1) Persons holding multiple certificates under one of the voluntary certification programs defined in Rule 61G19-6.016, F.A.C.; (2) Persons holding multiple certificates under a voluntary certification program not defined in Rule 61G19-6.016, F.A.C., which has been accepted for endorsement by the Board; and (3) Persons qualifying by examination for multiple inspection classes under the provisions of this part. Rulemaking Authority 468.606 FS. Law Implemented 468.607, 468.609 FS. History–New 5-23-94, Amended 11-28-95, 9-26-01. 61G19-6.003 Applications for Certification; In General. Rulemaking Authority 120.60, 468.606 FS. Law Implemented 468.607, 468.609 FS. History–New 5-23-94, Repealed 12-4-95. 61G19-6.0035 Application for Provisional and/or Standard Certification. (1) Each individual who wishes to obtain a provisional and/or standard certificate in any certificate category shall submit the following to the Board: (a) A completed application form for the category in which certification is sought. The form that shall be used for this purpose shall be provided by the Department and available on the Department’s website. (b) An attestation describing in detail each separate period of work experience listed in the application form, signed by a licensed architect, engineer, contractor, fire marshal, or building code administrator who has knowledge of the applicant’s duties and responsibilities during the period indicated. The form that shall be used for this purpose shall be provided by the Department and available on the Department’s website. The form sought is adopted and incorporated by reference in Rule 61-35.008, F.A.C. Each attestation must include the name and address of the applicant’s employer during the work experience period, the dates of employment, and a description of the applicant’s duties and responsibilities during the employment including any supervisory responsibilities, in sufficient detail to enable the Board to determine whether or not the applicant has the experience required for certification. (c) Each applicant for certification as an inspector or plans examiner shall demonstrate that he or she has at least one (1) year of hands-on experience in the category of certification sought, with the exception of Residential inspector. For Residential inspector certification, refer to the specific requirements in Rule 61G19-6.017, F.A.C. (d) Each applicant seeking to qualify for certification through a combination of postsecondary education and work experience shall submit an official copy of all college or university transcripts which document the applicant’s education in addition to all required attestations of work experience. (e) Each applicant who is not employed by a local government agency having responsibility for building code inspection, building construction regulation, and enforcement of building, plumbing, mechanical, electrical, gas, fire prevention, fire safety, energy, accessibility, and other construction codes at the time of the application shall submit payment of all applicable application, examination and certification fees as specified in Chapter 61G19-10, F.A.C. (f) For the purposes of this section, any unlicensed activity in those geographic areas that require licensure shall not be recognized for the purposes of providing required experience. (g) For purposes of implementation of section 468.609(2), F.S., the term “four years’ experience” shall mean four years (48 months) of experience primarily performing activities and duties corresponding to the certification category sought.

1. For any employment or work experience where all or substantially all of the applicant’s work time was not confined to the activities and duties of a single certification category, the applicant shall indicate what percentage of the applicant’s time was spent on activities and duties for each certification category.
2. For applicants applying for a single trade license, the Board shall not consider credit for periods of employment or work experience where less than 33% of the applicant’s work time activities and duties applied to that one certification category.
3. For any employment or work experience where the applicant performed duties involving multiple certification categories, the Board shall allow an applicant to pro-rate or allocate the times spent with documentation and/or testimony showing the time spent with each employer and the percentage of time spent performing the detailed activities that are described by the applicant on the affidavit of work experience, verified by a building official, Architect, Professional Engineer, or Licensed Contractor, including tally sheets with a complete breakdown. The period of time used for one category of certification shall not be allowed to be creditable to multiple certification categories, sometimes referred to as “double dipping”, which may result in disciplinary proceedings. (2) In addition to all other required items, each applicant for an inspector or plans examiner certificate shall submit with the application a statement from the applicant’s current employer which shall indicate the applicant’s present status with the employer. Each applicant employed by a local government agency, private provider or private provider’s firm having responsibility for building code inspection, building construction regulation, and enforcement of building, plumbing, mechanical, electrical, gas, fire prevention, fire safety, energy, accessibility, and other construction codes at the time the application is submitted must include on the statement the signature and license number of the building code administrator, building official, or fire marshal for the applicant’s employing agency. (3) In addition to all other required items, each applicant for a building code administrator certificate shall submit with the application a statement from the applicant’s current employer which shall indicate the applicant’s present status with the employer. (4) The Board shall reciprocate license certifications from another state provided the applicant obtained the out-of-state certification by successfully passing an examination administered by the International Code Council and the applicant has passed the Florida Principles and Practice Exam and has met the requirements of Section 468.609(2), F.S. (5) The board shall approve an application for Standard Certification by endorsement compliant with Section 468.613, F.S., when an applicant holds a building code administrator, inspector, or plans examiner license/certification issued by another state for at least 10 years before the date of application; and has successfully passed an applicable examination administered by the International Code Council. Such application must be submitted for Board review when the license/certification from the other state is active or within 2 years of the license/certification being active. Rulemaking Authority 468.606, 468.609 FS. Law Implemented 468.606, 468.609, 468.613 FS. History–New 11-28-95, Amended 10-1-97, 2-23-99, 6-3-03, 2-6-07, 10-4-07, 12-17-12, 9-20-17, 2-14-18, 7-21-21, 11-24-22, 9-12-23, Technical Change 5-13-26. 61G19-6.0036 Application for Certification Review Procedure. (1) Applications which are determined to be complete will first be reviewed by the Department. If the application clearly demonstrates qualification for the certification sought by holding an equivalent experience standard certification issued by the Board, except as provided in subsection (2), the Department shall preliminarily approve the application. A list of all applications preliminarily approved by the Department will be distributed to the Board on a monthly basis. Within ten (10) calendar days after distribution of the list of preliminarily approved applications, any Board member may request that any application on the list be submitted to the Board for review in accordance with this rule. All applications on the preliminarily approved list not selected for review shall be approved by the Department. (2) All applications seeking certification for licensure as a provisional or standard building code administrator, licensure as a provisional inspector or plans examiner, licensure in any voluntary certification category, or licensure in any category by endorsement shall be submitted to the Board for review in accordance with this rule. Applications will also be referred to the Board if the Department determines that the applicant has not clearly demonstrated qualification for the certification sought. (3) Applications referred to the Board will first be reviewed by the Board Members tasked with the Application Review. The Application Review shall be conducted by a minimum of three (3) Board members who are licensed building code administrators, inspectors, or plans examiners, architects, engineers, or contractors, appointed by the Chair. The Chair, if otherwise qualified, may also perform the Application Review. (4) The Board members performing the Application Review shall review all applications for certification not otherwise approved and shall determine by majority vote whether to recommend approval or denial of each such application to the Board. (5) The recommendations of the Board members performing the Application Review shall be provided to the Board for final action. Any Board member may request that any application for certification be pulled for discussion and/or individual determination by the Board. Rulemaking Authority 455.203, 468.606 FS. Law Implemented 455.203, 468.606, 468.609 FS. History–New 2-21-10, Amended 10-6-10, 3-5-17, 10-21-20. 61G19-6.004 Abandonment of Applications. Rulemaking Authority 468.606 FS. Law Implemented 468.607, 468.609 FS. History–New 5-23-94, Repealed 3-4-12. 61G19-6.005 Information Required on Certificates. Rulemaking Authority 468.606 FS. Law Implemented 468.607, 468.609 FS. History–New 5-23-94, Repealed 9-29-15. 61G19-6.006 Changes in Application and Certificate Information. Rulemaking Authority 468.606 FS. Law Implemented 468.607, 468.609 FS. History–New 5-23-94, Repealed 11-16-15. 61G19-6.007 Standard Certificates; In General. Rulemaking Authority 468.606 FS. Law Implemented 468.609(4) FS. History–New 5-23-94, Amended 3-17-98, Repealed 3-4-12. 61G19-6.008 Reexamination. All applicants who have taken and failed the licensure examination for a standard certificate and who wish to apply for reexamination in that certificate category shall submit the following to the Department: (1) A completed application form for reexamination in the category in which certification is sought. The form that shall be used for this purpose shall be provided by the Department and available on the Department’s website. (2) Those individuals who are not employed by a local government agency having responsibility for building code inspection, building construction regulation, and enforcement of building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes at the time of their application for reexamination shall submit payment of the applicable reexamination fees as specified in Chapter 61G19-10, F.A.C. Rulemaking Authority 455.217, 468.606 FS. Law Implemented 455.213, 455.217, 468.607, 468.609(5), 468.627(4) FS. History–New 5-23-94, Amended 11-21-95, 5-6-96, 10-1-97, 2-23-99, 8-17-03, 10-7-15, 8-8-19. 61G19-6.0085 Florida Principles and Practice. An applicant for licensure under this part shall satisfactorily complete the Florida laws and rules (Principles and Practice) exam with a passing grade of 70% or higher. An applicant shall not have to take that exam again provided the applicant has previously passed that exam and maintained continuous Florida licensure. Rulemaking Authority 468.606 FS. Law Implemented 455.217(7), 468.609(5) FS. History–New 1-15-96, Amended 6-10-02, 1-16-03, 12-29-22. 61G19-6.009 Post-Examination Review Rule for the Florida Principles and Practice Examination. Rulemaking Authority 468.606 FS. Law Implemented 468.609 FS. History–New 5-23-94, Amended 5-7-96, Repealed 6-17-98. 61G19-6.010 Other Methods of Qualification for Standard Certification. Rulemaking Authority 468.606 FS. Law Implemented 468.609(7), 468.613 FS. History–New 5-23-94, Amended 11-28-95, 10-1-97, Repealed 11-16-15. 61G19-6.011 Limited Certificates. Rulemaking Authority 468.606 FS. Law Implemented 468.609(5) FS. History–New 5-23-94, Amended 5-21-95, 8-6-97, Repealed 3-4-12. 61G19-6.012 Provisional Certificates. (1) The Board shall issue a provisional certificate to any newly employed or newly promoted building code administrator, subject to the provisions of Section 468.609, F.S., and the provisions of this rule. The board shall issue a provisional certificate to any building code inspector or plans examiner who meets the eligibility requirements subject to the provisions of Section 468.609, F.S., and the provisions of this rule. (2) Provisional inspector or plans examiner certificates shall only be issued to applicants who demonstrate at the time of their application that they possess all of the standards and eligibility requirements for standard certification as set forth in Section 468.609(2), F.S. Provisional building code administrator certificates shall only be issued to applicants who demonstrate at the time of their application that they possess all of the standards and eligibility requirements for standard certification as set forth in Section 468.609(3), F.S. (3) Provisional certificates for building code inspectors or plans examiners may be issued for the duration of a sponsored internship with a maximum length of four years. When an internship is partially completed and the intern wishes to change employers, the intern must, within thirty days of change in employment, submit an application to the Board identifying the new employer and requesting the continuance of the provisional certificate with the new building official. (4) The Board shall place special conditions or requirements on a provisional certificate when such special conditions or requirements are determined by the Board’s evaluation of the facts of each application to be necessary to protect the public safety and health. (5) Following the submission of an application for provisional certification as either an inspector or plans examiner, the applicant shall be eligible to perform duties in the category for which the application has been submitted for up to a maximum of one hundred twenty (120) days from the date the application is submitted, and subject to the following conditions: (a) Prior to beginning the performance of duties under this rule, the building code administrator for the agency employing the applicant shall have determined that the applicant possesses the qualifications for a provisional certificate. (b) All duties performed by the applicant under this exception shall be performed under the direct supervision of the building code administrator for the agency employing the applicant. The building code administrator shall hold a current, valid standard certificate as a building code administrator at all times when he or she is supervising the applicant. However, direct supervision may be provided by a building code administrator who holds a limited or provisional certificate in any county with population of less than 75,000 and in any municipality located within such a county. (c) Prior to beginning the performance of duties under this exception, applicants for plans examiner and inspector shall provide the building code administrator for the agency which employs them a copy of the completed application for provisional certification submitted to the Board by the applicant. (d) Upon being notified that he or she has been determined by the Board to be not qualified for a provisional certificate in the category sought, an applicant shall immediately cease performing duties as a plans examiner or building code inspector under this exception. (6) Following issuance of the provisional certificate, when employment changes from the original jurisdiction, private provider or private provider’s firm, the provisional certificate holder must notify the Board in writing of the change in employment within 30 days of said change. Rulemaking Authority 468.606, 468.609(7) FS. Law Implemented 468.609(7) FS. History–New 5-23-94, Amended 5-21-95, 8-28-95, 12-6-95, 1-3-96, 2-23-99, 4-30-01, 1-10-07, 1-16-08, 10-7-12, 2-14-18, 11-24-22, 12-5-23. 61G19-6.013 Biennial Renewal. Rulemaking Authority 468.606 FS. Law Implemented 468.627 FS. History–New 5-23-94, Amended 11-28-95, Repealed 8-6-97. 61G19-6.014 Reactivate a Delinquent License. A certificate that becomes delinquent for failure to renew may be reactivated by paying the original renewal fee plus additional delinquency fees as described in subsection 61G19-10.001(2), F.A.C., and by filing a complete application that is defined to include the certificateholder’s name, address, other active licenses held, where employed and proof of completion of continuing education requirements. Rulemaking Authority 455.271, 468.606 FS. Law Implemented 455.271, 468.627 FS. History–New 5-23-94, Amended 2-9-98. 61G19-6.015 Inactive Status. (1) Any licensee that is in an inactive status shall not engage in building code administration, inspection or plans examination. (2) Certificate holders may place their certification on inactive status by paying a fee as prescribed in subsection 61G19-10.001(2), F.A.C. (3) Certificate holders on inactive status may reactivate their certificates by submitting a written request, the regular renewal fee pursuant to Rule 61G19-10.001, F.A.C., and proof of completion of fourteen (14) hours of continuing education for the immediately preceeding inactive biennium. (4) A licensee’s election of inactive status cannot be used to circumvent disciplinary action against the licensee. Rulemaking Authority 455.271, 468.606 FS. Law Implemented 468.627, 455.271(1) FS. History–New 5-23-94, Amended 11-21-95, 8-6-97, 12-17-12. 61G19-6.016 Voluntary Certification Categories. The following voluntary certification categories are created. (1) Residential Pool Inspector. Residential Pool Inspector means a person who is qualified to inspect a pool on the property of one and two family dwellings. In order to obtain this voluntary certification the Board will require the State certified pool contractor license and in addition, the applicant must hold certification as a building or electrical inspector. (2) Commercial Pool Inspector. Commercial Pool Inspector means a person who is qualified to inspect a pool located on any property other than one and two family dwellings. In order to obtain this voluntary certification the Board will require the state certified pool contractor license and in addition, the applicant must hold certification as a building, plumbing, mechanical, or electrical inspector. (3) Roofing Inspector. Roofing Inspector means a person who is qualified to inspect residential and commercial roofs. In order to obtain this voluntary certification the Board will require either: four (4) years (48 months) of roofing experience primarily performing activities and duties in the roofing trade with passage of the standardized roofing inspectors’ examination as approved by the board; state certification as a roofing contractor; or a state certified general contractor who was certified prior to 1974. (4) Modular Inspector. This license is required for inspection of all modular buildings constructed to the Florida Building Code and administered under Chapter 553, Part I, F.S., unless otherwise provided for in Florida Statutes. (a) Modular Inspector means a person who is authorized to inspect any manufactured (modular) building and systems incorporated therein designed and built to comply with the Florida Building Code pursuant to Part I, Chapter 553, F.S. In order to obtain this voluntary certification, the Board will require the applicant to pass the standardized modular inspectors’ examination and the applicant must have three (3) years (36 months) experience as an inspector with local government and/or state government or three (3) years (36 months) experience as an inspector with an independent inspection/plans review agency under contract with a state agency or three (3) years (36 months) experience as a registered or certified state general, building, or residential contractor or job superintendent, project manager or quality control manager, the latter as provided for in Chapter 61-41, F.A.C., in a supervisory capacity that included operational control and direction of building, mechanical, electrical and plumbing personnel or subcontractors on residential or commercial projects. (b) Responsibilities: Verify the state approved plans are in the factory. Assure the buildings being manufactured comply with the approved plans and the applicable Florida Building Code. Compare the approved plans to the modular building and identify any deviations. Determine the reason for the deviations and investigate repetitive deviations in other buildings. Discuss the deviations with the in-plant quality control supervisor and establish a procedure to resolve the deviations. Verify the appliances and equipment installed in the building are consistent with those identified in the quality control manual. Verify the data plates have all the information as required in Chapter 61-41, F.A.C. Assure the state insignia is affixed to the correct building. The modular inspector shall monitor quality control procedures to verify the in-plant quality control personnel are conducting quality control reviews at the proper times. The modular inspector shall notify the Department of Community Affairs contracted inspection agency of any problems with the in-plant quality control procedures. The inspector shall follow-up on quality control procedures to verify that the in-plant quality control inspector is making the inspection of the buildings at the proper time. Persons qualified as Residential may also inspect family, two family, and three family modular residences regulated under Chapter 61-41, F.A.C. Persons qualified as Standard Building Inspectors in all four disciplines of building, electrical, mechanical and plumbing may also inspect all modular buildings regulated under Chapter 61-41, F.A.C. (5) Modular Plans Examiner. This license is required for plans reviews of all modular buildings constructed to the Florida Building Code and administered under Chapter 553, Part I, F.S., unless otherwise provided for in Florida Statutes. (a) Modular Plans Examiner means a person who is authorized to review plans for any manufactured (modular) building and systems incorporated therein designed and built to comply with the Florida Building Code pursuant to Part 1, Chapter 553, F.S. In order to obtain this voluntary certification, the Board will require the applicant to pass the standardized modular plans inspectors’ examination and the applicant must have three (3) years (36 months) experience as a plans examiner with duties involving primarily modular building and systems with local and/or state government. As an alternative, the applicant must have three (3) years (36 months) experience as a plans examiner with duties involving primarily modular buildings and systems with an independent inspection/plans review agency under contract with a state department or three (3) years (36 months) experience as a registered or certified state general, building, or residential contractor or job superintendent, project manager or quality control manager, the latter as provided for in Chapter 61-41, F.A.C., in a supervisory capacity that included operational control and direction of building, mechanical, electrical and plumbing personnel or subcontractors on residential or commercial projects. (b) Responsibilities: Examine building construction plans for compliance with the applicable Florida Building Code. Assure compliance with Florida’s Manufactured Buildings Act, Chapter 553, Part I, F.S., along with Chapter 61-41, F.A.C. Resolve code problems with the local personnel on behalf of the agency’s clients. Research the code changes upon adoption of the current edition of the codes. Review the proposed amendments to Chapter 61-41, F.A.C., and provide input accordingly. Persons qualified as Residential plans examiner may also review and approve plans for one and two family modular residences regulated under Chapter 61-41, F.A.C. Persons qualified as Standard Building Plans Examiners in all four disciplines of building, electrical, mechanical and plumbing may also review all modular buildings regulated under Chapter 61-41, F.A.C. (6) Residential Plans Examiner means a person who is qualified to determine that the plans submitted for the purpose of obtaining building and other permits, for one and two family dwellings and accessory structures, comply with the building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other applicable building codes. In order to obtain this voluntary certification, the applicant must hold standard certification Residential inspector; must have passed the State principles and practices examination; and holds certification as an International Code Council (ICC) Residential Plans Examiner. Rulemaking Authority 468.606, 468.609(10) FS. Law Implemented 468.609(10) FS. History–New 7-5-95, Amended 7-7-96, 8-6-97, 6-25-98, 12-28-00, 2-28-02, 4-7-03, 9-3-03, 3-7-06, 6-13-07, 11-21-07, 6-24-09, 3-9-21, 7-31-23. 61G19-6.017 Residential Inspector Certification. (1) Provisional certification may be obtained in the category of Residential inspector, provided the Building Code Administrator of the jurisdiction holds standard certification pursuant to Chapter 468, Part XII, F.S. (2) Applicants for standard or provisional certification in this category must meet the eligibility requirements according to one of the following criteria: (a) Four years’ experience as a registered or certified state general, building, or residential contractor in a supervisory capacity that included operational control and direction of building, mechanical, electrical, and plumbing personnel or subcontractors on residential projects, or (b) Four years’ experience as a job superintendent or project manager in a supervisory capacity that included operational control and direction of building, mechanical, electrical, and plumbing personnel or subcontractors on residential projects, or (c) Four years’ experience including one and a half years of hands-on electrical experience, one and a half years of hands-on building experience, and one year of hands-on experience in either mechanical or plumbing, or (d) Standard certification as an inspector in any of the categories listed in Section 468.603(6), F.S., plus at least six months’ hands-on experience in each of the following areas in which the applicant does not hold standard certification: building, plumbing, electrical, and mechanical, or (e) A combination of postsecondary education in the field of construction or a related field and experience in the category sought which totals four years, with at least one year of such total being experience in the category sought in construction, building code inspection, or plans review, or (f) A combination of technical education in the field of construction or a related field and experience in the category sought which totals four years, with at least one year of such total being experience in the category sought in construction, building code inspection, or plans review, or (g) Standard certification as an inspector in any of the categories listed in Section 468.603(6), F.S., plus satisfactory completion of a Residential inspector training program of not less than 500 hours. (h) Standard certificate/license as a firesafety inspector issued pursuant to Chapter 633, F.S., with Four years verifiable full-time experience conducting firesafety inspections plus satisfactory completion of a Residential inspector training program of not less then 500 hours. (i) Completion of a 4-year intership program as a residential inspector as listed in Section 468.609)(2)(c)7., F.S. (3) For purpose of this section, the term “four years’ experience” shall mean four years (48 months) of experience primarily performing activities and duties corresponding to the trade or area of experience claimed. Rulemaking Authority 468.606 FS. Law Implemented 468.606, 468.609 FS. History–New 2-28-02, Amended 12-11-07, 3-5-17, 10-21-20, 11-1-21, 7-31-23, 11-26-24, Technical Change 5-13-26. 61G19-6.018 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions. A licensee who is the spouse of a member of the Armed Forces of the United States and was caused to be absent from the State of Florida because of the spouse’s duties with the armed forces shall be exempt from all licensure renewal provisions under these rules during such absence. The licensee must show proof to the Board of the absence and the spouse’s military status. Such proof shall consist of copies of the military orders requiring the change of duty station and must be sent to the Board office in order to qualify for the exemption. Rulemaking Authority 455.02(2), 468.606 FS. Law Implemented 455.02(2) FS. History–New 4-12-04. 61G19-6.019 Null and Void. Any person desiring licensure from Null and Void status shall submit a completed Form BCAIB 9, Application to Reinstate Null and Void Certification, effective July 2012, adopted and incorporated by reference herein and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12571. Rulemaking Authority 455.271(6)(a) FS. Law Implemented 455.271(6)(a) FS. History–New 1-28-21.

Chapter 61G19-7 TRAINING PROGRAMS FOR STANDARD CERTIFICATION

Fla. Admin. Code R. 61G19-7 TRAINING PROGRAMS FOR STANDARD CERTIFICATION

CHAPTER 61G19-7 TRAINING PROGRAMS FOR STANDARD CERTIFICATION 61G19-7.001 Board Approved Cross-Training Programs as Alternative Eligibility Requirement for Examination 61G19-7.0015 Board Approved Comprehensive Standard Training Programs as Alternative Eligibility Requirements for Examination for Building Code Inspector or Plans Examiner Certification (Repealed) 61G19-7.0016 Internship Certification Program 61G19-7.002 Training Program Providers 61G19-7.004 Approval of Training Programs 61G19-7.005 Approval of Internship Training Programs 61G19-7.006 Program Syllabus 61G19-7.007 Records Required to be Maintained by Program Providers 61G19-7.008 Certificates of Satisfactory Completion 61G19-7.009 Advertising of Training Programs 61G19-7.010 Training Program Provider Fees 61G19-7.001 Board Approved Cross-Training Programs as Alternative Eligibility Requirement for Examination. (1) Applicants who currently hold a standard certificate issued by the board as a building, Residential, electrical, mechanical, or plumbing inspector, or a firesafety inspector holding a certificate/license issued pursuant to Chapter 633, F.S., with a minimum of 3 years’ verifiable full-time experience in firesafety inspection or firesafety plan review, and who seek an additional category of inspector certification shall satisfactorily complete an inspector training program that provides at least 100 hours but no more than 200 hours of cross-training in the certification category sought. (2) Applicants who currently hold a standard certificate issued by the board as a building, electrical, mechanical, or plumbing plans examiner, firesafety inspector certificate/license, or firesafety plan reviewer issued pursuant to Chapter 633, F.S., with a minimum of 3 years’ verifiable full-time experience in firesafety inspection or firesafety plan review, and who seek an additional certification in one of these categories shall satisfactorily complete a plans examiner training program that provides at least 100 hours but not more than 200 hours of cross-training in the certification category sought. (3) Applicants currently holding a standard certificate as a building, electrical, mechanical, or plumbing inspector who seek certification as a Residential inspector shall satisfactorily complete a Residential Inspector training program of not less than 500 hours. (4) Applicants currently holding a standard certificate/license as a firesafety inspector issued pursuant to Chapter 633, F.S., who seek certification as a Residential inspector shall satisfactorily complete a Residential Inspector training program of not less than 800 hours. (5) A training program for certification shall include the following hours: (a) Applicants with a minimum of 3 years’ verifiable full-time experience in inspection or plan review currently holding a standard certificate issued by the board or a firesafety inspector certificate/license issued pursuant to Chapter 633, F.S., who seek an additional inspector or plans examiner certification in categories other than Residential inspector shall satisfactorily complete a training program of 200 combined classroom and on-the-job training (OJT) hours, of which no fewer than 20 hours shall be OJT and no fewer than 20 hours shall be Board-approved classroom hours related to the category of certification sought. (b) Applicants seeking initial Board certification as an inspector or plans examiner certification in categories other than Residential inspector shall satisfactorily complete a training program of 300 combined classroom hours related to the category of certification sought and on-the-job-training (OJT) hours, of which no fewer than 20 hours shall be OJT and no fewer than 20 hours of instruction in state laws, rules, and ethics relating to professional standards of practice, duties, and responsibilities of a certificate holder. (c) For applicants who currently hold a standard certificate issued by the board or a firesafety inspector license issued pursuant to Chapter 633, F.S., with a minimum of 4 years’ verifiable full-time experience as an inspector or plans examiner seeking an additional inspector or plan examiner certification in categories other than Residential inspector shall satisfactorily complete a building code inspector or plans examiner classroom training course or program of 300 hours. For Residential inspector a classroom training course or program of 500 hours shall be satisfactorily completed. Rulemaking Authority 468.606, 468.609 FS. Law Implemented 468.609(2)(c) FS. History–New 12-10-00, Amended 5-17-17, 10-22-20. 61G19-7.0015 Board Approved Comprehensive Standard Training Programs as Alternative Eligibility Requirements for Examination for Building Code Inspector or Plans Examiner Certification. Rulemaking Authority 468.606, 468.609 FS. Law Implemented 455.2179, 468.609(2) FS. History–New 3-31-09, Repealed 5-17-17. 61G19-7.0016 Internship Certification Program. (1) A person may seek certification as a building code inspector or plans examiner by completing a board approved four-year comprehensive internship-training program. The internship program shall provide an applicant with a trade understanding, technical knowledge, and skills to perform building code inspections or plan reviews of the trade category sought. The program shall contain beneficial educational material from basic principles to advanced technical aspects of the category sought, enhanced with practical daily professional training. (a) All applicants shall be government employees under the direct supervision of the sponsoring standard licensed building code administrator or shall be full-time employees of a private provider or private provider’s firm that performs the services of a building code inspector or plans examiner while under the direct supervision of a certified building official. (b) Related vocational degree, college degree, or verifiable work experience may be substituted for up to three years of the internship program. (c) Partial completion of an internship program from one jurisdiction may be transferred to another jurisdiction, private provider, or firms of private providers. The supervising building code administrator of a partially completed internship shall attest to the area of studies and practical professional training covered under the partially completed internship program. (d) Upon successful completion of the internship certification program the supervising building code administrator must provide a favorable attestation of the applicant’s program completion. (2) Applicants who complete an internship certification program as a building code inspector or plans examiner are eligible for standard certification in the category sought. Applicants participating in an internship must complete the following: (a) Applicants must pass the ICC technical exam in the category sought prior to entering the internship program. (b) Applicants must pass the Principles and Practice Exam prior to completing the internship. (c) Applicants must pass a board approved 40-hour code-training course in the category sought prior to completing the internship. (d) Applicants may apply for a provisional license in the category sought which would be valid for the duration of the internship, if approved. When employment changes from the original jurisdiction, private provider or private provider’s firm, the applicant must notify the Board in writing of the change in employment and internship within 30 days of said change. (e) Applicants must obtain a favorable attestation from the supervising building code administrator upon completing the program or parts thereof. (f) At least 30 days and no more than 60 days prior to the completion of the internship, an applicant shall apply to the Board for Standard Certification. (3) Individuals who hold a current standard license as a building code inspector or plans examiner may qualify for an additional certification by completing a one-year specific internship in another license category provided they: (a) Pass the ICC technical exam in the category sought prior to entering the internship program. (b) Pass a board approved 40-hour code-training course in the category sough prior to completing internship. (c) Document no less than 200 hours of on-the-job experience over the 12-month internship period while under the supervision of a standard certified inspector or plans examiner in the trade sought. Rulemaking Authority 468.606, 468.609(10) FS. Law Implemented 468.609(2)(c)7., 468.609(10) FS. History–New 2-14-18, Amended 11-24-22. 61G19-7.002 Training Program Providers. (1) Prospective training program providers shall register with the Board on Board-approved Forms DBRP BCAIB 7, Application for Training Program Course and Provider, effective July 10, 2012, incorporated in DBPR Rule 61-35.008, F.A.C., a copy of which can be obtained from the Board office. (2) The Department shall maintain a list of all registered training program providers. (3) Training program providers shall notify the Board in writing within thirty (30) days of the effective date of any changes in information required to be listed on the initial registration. (4) Registered training program providers seeking approval of a cross training program for building inspectors or plans examiners who meet the eligibility requirements described in Rule 61G19-7.001, F.A.C., shall apply for cross training program approval pursuant to the requirements described in Rule 61G19-7.004, F.A.C. (5) Registered training program providers seeking approval of an initial training program for building inspectors or plans examiners who meet the eligibility requirements described in Rule 61G19-7.0015, F.A.C., shall apply for initial training program approval pursuant to the requirements described in Rule 61G19-7.004, F.A.C. Rulemaking Authority 468.606, 468.609 FS. Law Implemented 455.2179, 468.609(2)(c), 468.609 FS. History–New 8-20-01, Amended 10-28-09, 10-7-15. 61G19-7.004 Approval of Cross Training Programs. (1) Each registered training program provider shall apply for approval of a training program. The application must be submitted on Board-approved form DBPR BCAIB 7, Application For Training Program Course and Provider, effective July 10, 2012, incorporated in DBPR Rule 61-35.008, F.A.C., copies of which may be obtained from the Board office. The application for approval shall indicate the length of the program in hours, and shall include a copy of the program syllabus, a detailed outline of the contents of the course, and the names and qualifications of all instructors known at the time of the application. (2) Upon receipt of a course application and the appropriate fee, the Board shall approve training programs which have educational and on-the-job-training (OJT) content sufficient to bring the certificate-holder’s inspection or plans examiner skills and technical skills to qualify the individual for examination in the category sought. Training programs shall be instructed by individuals meeting the requirements of Rule 61G19-9.005, F.A.C. Program approval shall be valid for ten (10) years from the date of approval unless the provider expires or is disciplined. All training shall be consistent with the current code cycle. (3) The Board shall approve or deny any application for program approval at the first Board meeting held more than thirty days after the date the application is received by the Board. (4) A training program which has been rejected by the Board may be resubmitted with modifications. (5) The Board shall not deny or withdraw approval of a training program on the basis that another program provider is conducting the same or a similar Board-approved training program. (6) If a training program is approved, the Board shall assign the program a number. The training program provider shall print the Board-assigned number on the program syllabus, on all printed material used in connection with the program, and in all written advertising used in connection with the program. (7) After a training program has been approved by the Board, any substantive changes in the program content must be submitted to and approved by the Board, prior to the implementation of the change. (8) Individuals completing an approved training course may count up to twelve (12) hours toward their continuing education requirements for the biennium within which the training program is completed. (9) Applicants seeking their initial standard certification under Part XII of Chapter 468, F.S., as an Inspector or Plans Examiner having a minimum of 2 years’ verifiable experience in construction, as defined in subsection 61G19-1.009(8), F.A.C., or as a firesafety inspector as authorized pursuant to Section 633.216, F.S., shall satisfactorily complete a comprehensive initial training program comprised of no fewer than 40 hours of instruction in state laws, rules, and ethics relating to professional standards of practice, duties, and responsibilities of a certificate holder; and no less than the following number of hours in the certification category sought: (a) Building – 260 hours (b) Electrical – 260 hours (c) Plumbing – 260 hours (d) Mechanical – 260 hours (10) All requisite experience shall be verified by attestation, describing in detail each separate period of work experience listed in the application form, signed by a licensed architect, engineer, contractor, fire marshal, or building code administrator who has knowledge of the applicant’s duties and responsibilities during the period indicated. The form that shall be used for this purpose shall be prepared and furnished by the Department, a link to which can be found at Rule 61-35.008, F.A.C. Each attestation must include the name and address of the applicant’s employer during the work experience period, the dates of employment, and a description of the applicant’s duties and responsibilities during the employment including any supervisory responsibilities, in sufficient detail to enable the Board to determine whether or not the applicant has the experience required for certification. (11) Training program providers shall be responsible for verification of an applicant’s experience prior to admission into a program and shall maintain a record of all verification documentation for a period of no less than ten (10) years. Rulemaking Authority 468.606, 468.609 FS. Law Implemented 455.2179, 468.609, 468.627 FS. History–New 10-25-01, Amended 10-7-15, 5-17-17, 1-9-23. 61G19-7.005 Approval of Internship Training Programs. (1) Approved programs shall demonstrate the educational and on-the-job-training (OJT) content sufficient to bring the intern’s inspection or plans examiner skills and technical skills to a level which will qualify the individual for licensure in the category sought. On-the-job training will be provided by individuals who hold the requisite standard license in the training category. (2) Program approval shall be valid for ten years from the date of approval barring any modifications in applicable law or failure on the part of the jurisdiction to administer the program consistent with board approval. All training shall be consistent with the current code cycle. (3) The Board shall approve or deny any application for program approval at the first Board meeting held more than thirty days after the date the application is received by the Department. (4) Any internship program which has been rejected by the Board may be resubmitted with modifications. (5) The Department shall assign the approved program a program number. The Department assigned number must be included on all documentation provided to the Department in connection with the program. (6) Applicants seeking a standard certification as an inspector or plans examiner shall satisfactorily complete a comprehensive internship program comprised of no fewer than 40 hours of a board approved code training in the certification category sought. (7) Internship programs for individuals currently holding a standard certification shall include not less than a combination of OJT and classroom training totaling 240 hours in the category sought. The required 40 hours of code training course may be included as a part. (8) The Building Official shall be responsible for verification of an applicant’s experience prior to admission into a program and shall provide attestation verifying compliance with the approved internship application. Rulemaking Authority 468.606, 468.609(10) FS. Laws Implemented 468.609(2)(c)7. FS. History–New 2-14-18. 61G19-7.006 Program Syllabus. (1) Each program provider shall prepare a program syllabus for each training program to be provided. The syllabus shall state the name of the provider of the program, the program number assigned by the Department, the name and address of the program provider. (a) Training programs that offer continuing education as a component shall list the Board-approved continuing education course or courses or the detailed outline of the Board Approved course or courses, the classroom/OJT schedule, achievement benchmarks, qualifications of on the job training (OJT) trainers, and method of documentation of training. (b) Training programs that do not offer continuing education as a component shall provide a topical outline listing all subject matter taught, the classroom/OJT schedule, achievement benchmarks, qualifications of OJT trainers, and method of documentation of training. (2) Prior to the program, the program provider shall give a program syllabus to each person who registers for the program. Rulemaking Authority 468.606 FS. Law Implemented 468.606, 468.609 FS. History–New 12-28-00, Amended 5-17-17. 61G19-7.007 Records Required to be Maintained by Program Providers. Program providers shall maintain the following records with respect to each program: (1) The original application for program admission. (2) The name, address, and qualifications of each individual who supervises or conducts OJT or who signs the Certificate of Satisfactory Completion on behalf of an approved provider. (3) All other records resulting in a transmittal of a Certificate of Satisfactory Completion to the Board. (4) Course sponsors shall maintain the required records for each course at least five (5) years following the date the course is completed. (5) Upon request by the board, each course sponsor shall provide the board with copies of any required records. Rulemaking Authority 468.606 FS. Law Implemented 468.606, 468.609 FS. History–New 12-28-00, Amended 5-17-17. 61G19-7.008 Certificates of Satisfactory Completion. (1) Providers of approved training programs shall submit a Certificate of Satisfactory Completion to each individual who satisfactorily completes an approved training program. (2) A Certificate of Satisfactory Completion submitted by a provider of an approved training program shall constitute evidence that the applicant has successfully completed the training program within a period of thirty-six (36) calendar months, and that the individual meets the requirements in Rule 61G19-7.001, F.A.C. (3) A Certificate of Satisfactory Completion shall qualify the applicant for examination in the category sought, pursuant to Section 468.609(2)(c)4., F.S. Rulemaking Authority 468.606 FS. Law Implemented 468.609 FS. History–New 6-18-01. 61G19-7.009 Advertising of Training Programs. (1) A training program shall not be advertised as one approved by the Board until such approval is officially granted by the Board and a program number is assigned. (2) Training program providers shall not include any false or misleading information regarding any training program approved under this chapter. Rulemaking Authority 468.606 FS. Law Implemented 455.227(1)(a), 468.606 FS. History–New 6-18-01. 61G19-7.010 Training Program Provider Fees. (1) Training program providers registering with the Board who are registered with the Board to provide continuing education courses under Chapter 61G19-9, F.A.C., shall pay no fee for training program provider registration. All others shall pay a fee of $100 for training program provider registration. (2) The fee for reviewing each training program approval application shall be $25.00 per one hundred (100) program hours; the minimum fee shall be $25.00, the maximum shall be $100.00. (3) Government agencies providing training programs shall pay no fee for program or program provider registration. Rulemaking Authority 455.213(2), 468.606 FS. Law Implemented 455.213(2), 468.609 FS. History–New 8-20-01.

Chapter 61G19-9 CONTINUING EDUCATION

Fla. Admin. Code R. 61G19-9 CONTINUING EDUCATION

CHAPTER 61G19-9 CONTINUING EDUCATION 61G19-9.001 Continuing Education for Biennial Renewal 61G19-9.002 Continuing Education Course Providers 61G19-9.003 Registration of Course Providers 61G19-9.004 Approval of Courses 61G19-9.0045 Requirements for Interactive Distance Learning Courses 61G19-9.005 Qualifications of Course Instructors 61G19-9.006 Course Syllabus 61G19-9.007 Records Required to be Maintained by Course Providers 61G19-9.008 Audits of Certificates of Completion (Repealed) 61G19-9.009 Advertising of Continuing Education Courses 61G19-9.010 Continuing Education Courses Required by Disciplinary Action 61G19-9.011 Continuing Education Course Provider Fees 61G19-9.001 Continuing Education for Biennial Renewal. (1) Except as noted below, prior to the end of each biennial certification period, all certificate holders shall complete a minimum of fourteen (14) classroom or interactive distance learning hours of continuing education courses, which shall include a minimum of two (2) hours of energy conservation, one (1) hour in the area of accessibility, (2) hours in the area of Florida laws and rules (other than accessibility and ethics) and, one (1) hour in the area of ethics as a condition of the biennial renewal of all certifications held by the certificate holder. (2) “Interactive Distance Learning” means the delivery of educational offerings, webinars/seminars conducted over the internet, or courses via the internet and/or other interactive electronic media. Such offerings or courses shall be interactive, providing for the interchange of information between the student and the teacher, and shall provide for the registration, evaluation, monitoring, and verification of continuing education. The courses shall be accessible at locations and times determined by the student. (3) “Interactive Distance Learning Hour” means fifty minutes of instruction presented in an alternative nonclassroom interactive distance learning setting, exclusive of any breaks, recesses, or other time not spent in instruction. (4) A Webinar is an internet based seminar, presentation, lecture or workshop transmitted over the internet using video conferencing software providing the ability for the teacher and students to interact where the teacher can give, receive and discuss information with the students in real time and evaluate monitor and verify continuing education. (5) “Laws and Rules” as used in subsection (1), above, means the study and examination of the related subject matter as is exemplified and contained within one (1) or more of the following: Chapters 320, 455, 468, 553, 471, 481, 489 (as it relates to licensure and scope of practice), and 713 (as it relates to permitting), F.S., and their associated rules in the Florida Administrative Code (F.A.C.). (6) “Ethics” as used in subsection (1) above, means the study and examination of the concepts of the subject matter contained within Chapter 112, Part 111, F.S., other ethical principles enumerated in Chapter 468, Part X11, F.S., and other principles of professional ethics. (7) Applicants who are first certified when there is more than one-half of their initial biennial certification period remaining, shall only be required to complete a minimum of seven (7) hours of continuing education courses, which shall include a minimum of one (1) hour in the area of accessibility, prior to the end of their initial biennial certification period as a condition of the initial renewal of all certifications held by the certificate holder. (8) Applicants who are first certified when there is one-half or less of their initial biennial certification period remaining, shall not be required to complete any hours of continuing education courses as a condition of the initial renewal of all certifications held by the certificate holder. (9) For those certificate holders who are certified in more than one certification category, completion of the minimum number of hours of continuing education course requirements as set forth above shall be sufficient for the biennial renewal of all certifications held by the certificate holder. All license numbers held by the certificate holder should be submitted by the certificate holder to the provider at the time of course registration. Rulemaking Authority 455.2124, 455.2123, 455.213(7), 468.606, 468.627 FS. Law Implemented 455.2124, 455.2123, 455.213(7), 468.627 FS. History–New 5-23-94, Amended 5-21-95, 11-28-95, 6-9-97, 1-4-00, 4-23-01, 3-19-02, 6-10-02, 6-1-03, 1-10-07, 7-1-08, 12-31-19, 10-21-20. 61G19-9.002 Continuing Education Course Providers. The following courses and course providers satisfy the continuing education requirement: (1) Courses conducted by an accredited university, college, junior college or community college, or by an official government agency or the military; and, (2) Courses conducted by a recognized national or state trade or civil organization, any business association, private entity, or person provided the following conditions are met: (a) The course shall be registered with the Board; and, (b) The instructor must be a certified building code administrator, inspector, plans examiner, professional engineer, registered architect, certified contractor, or a substantially similar authority in the field qualified as prescribed in Rule 61G19-9.005, F.A.C. Rulemaking Authority 468.606 FS. Law Implemented 468.627 FS. History–New 5-23-94, Amended 4-23-01. 61G19-9.003 Registration of Course Providers. (1) All providers are required to register with the Board, before providing continuing education courses, on a form that shall be provided by the Department and available on the Department’s website. Renewal for course providers is required May 31 of every odd year. (2) Registration forms shall include the provider’s name, address, and phone number, and the names, addresses, and phone numbers of each person or entity with an ownership interest in the provider or who are entitled to receive a percentage of revenues from the course provider. (3) The Board shall maintain a list of all registered course providers. (4) Course providers shall notify the Board in writing within thirty (30) days of the effective date of any changes in information required to be listed on the initial registration. (5) The course provider shall not offer any continuing education courses if the provider status has expired, or if the provider fails to renew or is disciplined. (6) No provider may allow a licensed instructor to conduct any course or seminar offered by the provider if the instructor’s license has been disciplined and has not been released from the terms of the final order in the disciplinary case. Upon receipt of notice that the instructor is under discipline, the provider shall, within seven (7) days, write to the Board office and confirm that the instructor is no longer conducting any course or seminar offered by the provider. For the purposes of this subsection, a letter of guidance or a reprimand shall not constitute “under discipline.” (7) If the course provider has been disciplined by the Department for anything other than not renewing the license, the provider cannot reapply to the Division for two (2) years from the date of the Final Order. (8) Course providers shall comply with Section 455.2178, F.S., with regard to electronic filing of attendance rosters to the department. Rulemaking Authority 468.606, 468.627(5) FS. Law Implemented 468.627 FS. History–New 5-23-94, Amended 11-28-95, 10-1-97, 6-5-01, 6-13-07, 12-26-07, 10-12-15, 7-27-23. 61G19-9.004 Approval of Courses. (1) Any provider registered pursuant to this chapter may apply for approval of a continuing education course. The application must be submitted on a form that shall be provided by the Department and available on the Department’s website. Applications must be submitted a minimum of ninety (90) days prior to the date the offering begins. (2) Upon receipt of a course application and the appropriate fee, the Board may approve any course, seminar, webinar, or conference in the construction area provided by any university, college, junior college, community college, vocational-technical center, public or private school, firm, association, organization, person, corporation, or entity whether the course is taught in a live classroom setting or conducted via the internet which meets the criteria of this part. (3) The application shall include the total number of classroom hours, the course syllabus, a detailed outline of the contents of the course, and the names and qualifications of all instructors known at the time of application. (4) The Board shall approve continuing education courses which have sufficient educational content to improve the certificate holder’s inspection and technical skills, which are taught by qualified instructors, and which otherwise fulfill the requirements of this part. Course approval is valid for two (2) years from the date of approval unless the provider expires or is disciplined. (5) The Board shall approve or deny any application for course approval at the first Board meeting held more than thirty days after the date the application is received by the Board. If the application is denied, the Board shall inform the applicant in writing of the specific reasons for denial within fifteen days of its decision. (6) A course which has been rejected or denied by the Board may be resubmitted with modifications. (7) The Board shall not deny or withdraw approval of a course on the basis that another course provider is conducting the same or a similar Board-approved course. (8) If a course is approved, the Department shall assign the course a number. The course provider shall print the Department-assigned number on the course syllabus, on all printed material used in connection with the course, and in all written advertising used in connection with the course. (9) Of the required fourteen (14) continuing education hours, up to three (3) general hours credit may be earned by attending a single day business meeting of the Board. Licensees shall give at least seven (7) days advance notice to the Board office of their intention to attend the meeting for continuing education credit. Licensees shall check in with the Clerk of the Board prior to the meeting and must sign in and out for breaks and lunch periods. A maximum of three (3) hours of general continuing education credit per biennium may be earned in this manner. Licensees shall not be credited for attending any meeting in which the licensee is a party in any matter involving their license or eligibility for licensure or in any matter which action is initated by them or on their behalf; nor shall a licensee receive credit for attending meetings of a committee of the Board. (10) 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. (11) The Board approves those continuing education courses approved by the Construction Industry Licensing Board; the Electrical Contractors’ Licensing Board; and the Board of Architecture and Interior Design. (12) The course instructor shall receive continuing education credit equal to the total approved credit for that course if they submit a written request to the Department. Credit may not be granted for teaching the same course more than once in each biennium. (13) Of the required fourteen (14) continuing education hours, up to seven (7) hours credit may be earned by attending a meeting of the Florida Building Commission within the Department of Business and Professional Regulation, or any of the meetings of any technical committees of the Commission. Certificate holders shall be responsible for obtaining and maintaining satisfactory proof of attendance at such meetings. A copy of proof of attendance must be submitted to the Department to ensure that continuing education credit is awarded. Rulemaking Authority 468.606, 468.627 FS. Law Implemented 468.627 FS. History–New 5-23-94, Amended 5-21-95, 10-1-97, 8-17-99, 4-23-01, 1-2-02, 12-10-02, 10-7-15, 10-23-17, 10-21-20, 7-27-23. 61G19-9.0045 Requirements for Interactive Distance Learning Courses. (1) Interactive Distance Learning Courses which are live proctored shall be subject to the same conditions of approval as a classroom or seminar course wherein the course completion is measured by attendance and credits provided in the form of contact hours. (2) An interactive distance learning continuing education activity offered by a provider registered under this rule chapter must meet the standards for approved courses outlined in this rule chapter and, furthermore, must include a testing mechanism on which a passing score must be attained by the licensee prior to the issuing of credit. (3) An application for approval of an interactive distance leaning continuing education activity shall include the total number of interactive distance learning hours, the course syllabus, a detailed outline of the contents of the course, and the name and qualifications of all instructors. Rulemaking Authority 468.606 FS. Law Implemented 468.627 FS. History–New 11-21-95, Amended 2-13-02, 10-21-20. 61G19-9.005 Qualifications of Course Instructors. (1) Course instructors shall be qualified as follows: (a) Any standard building code administrator, standard plans examiner, or standard building inspector may teach any course within the scope of his license; (b) Any person with a four year college or graduate degree may teach a course in their field of study; (c) Any state certified contractor with at least five (5) years experience may teach any technical course within the scope of the contractor’s license; and, (d) Substantially qualified authorities may teach courses within their area of expertise. (2) The Board shall not reject a course based upon the proposed instructors, but may approve a course contingent on certification by the course provider that all instructors meet the minimum requirements before conducting that course, and before advertising that the course is approved for continuing education credit. (3) A course provider may request approval by the Board regarding the qualifications of a particular instructor for a particular course. (4) No individual who has had a professional license suspended or revoked shall be eligible to instruct a continuing education course. Rulemaking Authority 468.606, 468.627 FS. Law Implemented 468.627 FS. History–New 5-23-94, Amended 11-28-95, 12-3-00, 4-23-01, 10-12-15. 61G19-9.006 Course Syllabus. (1) Each course provider shall prepare a course syllabus for each course. The syllabus shall state the name of the course, the course number assigned by the Board, the name and address of the course provider and a detailed outline with timeframes of the contents of the course. (2) Prior to the course, course providers shall provide either in a printed format or access to an electronic version, a course syllabus to each person who registers for the course. Rulemaking Authority 468.606 FS. Law Implemented 468.627 FS. History–New 5-23-94, Amended 4-23-01, 6-28-07, 5-9-19. 61G19-9.007 Records Required to be Maintained by Course Providers. (1) Course providers shall maintain the following records with respect to each course: (a) The time, date, and place each course is conducted; (b) The name, address, and qualifications of each instructor who teaches any portion of the course; (c) The name, address, and certificate number of each person who registered for the course; (d) The original sign-in sheet used at the site of the course to register people attending each course. Course providers shall require every person to print their name and license number, and sign their name on the course sign-in sheet; and, (e) The course syllabus used for each course. (f) Certificates of completion for each person completing a course containing the name and the license number of the person who completed the course or have the ability to electronically reproduce a copy of the certificate if required by the Department or the registered attendee. (2) Course providers shall maintain the required records for each course at least four (4) years following the date the course is completed. (3) Upon request by the Board, each course provider shall provide the Board with copies of any required records. (4) For interactive distance learning courses, in lieu of the original sign-in sheet required in paragraph (1)(d) above, the course provider shall maintain and provide a record of the registration, login, course access log, and course completion. In lieu of providing a document bearing the contractor’s signature, the course provider shall provide the student’s identity verification data, which shall include the student’s password and the student’s mother’s maiden name. Rulemaking Authority 468.606 FS. Law Implemented 455.2178, 468.627 FS. History–New 5-23-94, Amended 11-2-00, 4-23-01, 2-13-02, 5-9-19. 61G19-9.008 Audit of Certificates of Completion. Rulemaking Authority 468.606 FS. Law Implemented 468.627 FS. History–New 5-23-94, Repealed 10-5-00. 61G19-9.009 Advertising of Continuing Education Courses. (1) Course providers shall not advertise a continuing education course as one approved by the Board until such approval is officially granted by the Board. (2) Course providers shall not include any false or misleading information regarding the contents, instructors or number of classroom hours of any course approved under this rule. Rulemaking Authority 468.606 FS. Law Implemented 468.627 FS. History–New 5-23-94, Amended 4-23-01. 61G19-9.010 Continuing Education Courses Required by Disciplinary Action. (1) Continuing education courses approved under the provisions of this part shall satisfy final orders of the board requiring continuing education as a disciplinary measure. (2) The disciplined certificate holder shall submit proof of completion of the required amount of continuing education to the Board within the time stated in the final order. Rulemaking Authority 468.606 FS. Law Implemented 468.627 FS. History–New 5-23-94. 61G19-9.011 Continuing Education Course Provider Fees. (1) The fee for registering or renewing each continuing education provider shall be $100.00. (2) The fee for reviewing each continuing education course approval application shall be $25.00 per four (4) classroom hours; the minimum fee shall be $25.00, the maximum fee shall be $200.00. (3) Government agencies providing continuing education shall pay no fee for course or provider approval. Rulemaking Authority 468.606 FS. Law Implemented 455.2179(3), 455.219, 468.627 FS. History–New 5-23-94, Amended 4-12-95, 4-23-01, 6-13-07.

Chapter 61G19-10 FEES

Fla. Admin. Code R. 61G19-10 FEES

CHAPTER 61G19-10 FEES 61G19-10.001 Fees: Application, Examination, Certification and Renewal 61G19-10.002 Change of Status Fee 61G19-10.003 Reinstatement Fee of a Null and Void License 61G19-10.001 Fees: Application, Examination, Certification and Renewal. (1) Building code administrator, plans examiners, or inspectors employed by local governments shall not pay application or examination fees, but shall pay $5.00 each for initial certification and biennial renewal fees. (2) All other persons who are not local government employees shall pay fees as follows: (a) The application fee is $25.00. (b) The examination fee is $31.25. (c) The reexamination fee is $6.25. (d) The certification fee is $25.00. (e) The active and inactive certificate renewal fee is $5.00. (f) Delinquent Fee. A delinquent status licensee shall pay a delinquency fee of $25.00 when the licensee applies for active or inactive status. (g) The examination review fee is $25.00. Rulemaking Authority 455.217, 455.271, 468.606, 468.627 FS. Law Implemented 455.217(1), (3), (4), 455.219, 455.271(7), 468.627 FS. History–New 5-23-94, Amended 9-25-95, 11-28-95, 5-9-96, 12-7-97, 12-3-12, 8-1-16, 12-25-16, 12-18-17, 10-19-22, 4-30-23. 61G19-10.002 Change of Status Fee. (1) Active. The fee for reactivation of an inactive status license shall be $5.00. (2) Inactive. A licensee shall pay an inactive status fee of $5.00 when the licensee applies for inactive status at any time other than at the beginning of licensure cycle. Rulemaking Authority 455.271 FS. Law Implemented 455.271 FS. History–New 10-25-95, Amended 5-6-96. 61G19-10.003 Reinstatement Fee of a Null and Void License. Reinstatement of a null and void license must be accompanied by payment of a fee of $125.00. Rulemaking Authority 455.271, 486.606, 455.219 FS. Law Implemented 455.219, 455.271 FS. History–New 3-28-07.

Chapter 61G19-11 PROBABLE CAUSE PANEL

Fla. Admin. Code R. 61G19-11 PROBABLE CAUSE PANEL

CHAPTER 61G19-11 PROBABLE CAUSE PANEL 61G19-11.001 Probable Cause Panel 61G19-11.001 Probable Cause Panel. (1) The determination whether probable cause exists to believe that a violation of Part XII, Chapter 468 or 455, F.S., has occurred, shall be made by a majority vote of the probable cause panel. (2) The probable cause panel shall be appointed by the Chair of the Board, and shall consist of at least two members. One member shall be a consumer member, if available and willing to serve, and one member may be a former member of the Board. (3) The Board reserves to its probable cause panel the sole authority to find probable cause for the purpose of authorizing the filing of an administrative complaint. Rulemaking Authority 468.606 FS. Law Implemented 455.225(4), 468.627 FS. History–New 5-23-94, Amended 11-28-95, 9-28-00.

Chapter 61G19-12 DELINQUENT STATUS

Fla. Admin. Code R. 61G19-12 DELINQUENT STATUS

CHAPTER 61G19-12 DELINQUENT STATUS 61G19-12.001 Delinquent Status (Repealed) 61G19-12.001 Delinquent Status. Rulemaking Authority 455.271 FS. Law Implemented 455.271 FS. History–New 9-25-95, Repealed 3-4-12.

Division 61L Child and Farm Labor Program

Chapter 61L-1 FLORIDA FARM LABOR REGISTRATION

Fla. Admin. Code R. 61L-1.004 Procedures for Registration

Application for the issuance of a Farm Labor Contractor Certificate of Registration may be made by regular mail, express mail, certified mail, or hand delivery at Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-2212. Assistance with the application process may be obtained at selected Department of Business and Professional Regulation field offices. Contact information for these offices, along with the application, supplemental forms and program information, may be obtained at https://www2.myfloridalicense.com/farm-labor/forms-and-publications/. Prior to the issuance of a certificate of registration, an applicant seeking a certificate must comply with the following requirements:

(1) Possess a valid federal Farm Labor Contractor or Employee Certificate of Registration, or timely submit form WH – 530, “Application for a Farm Labor Contractor Certificate of Registration,” OMB Number 1235-0016, Expiration 08/31/2027, herein incorporated by reference, to the U.S. Department of Labor at least thirty (30) days prior to the expiration of the current federal Certificate of Registration, and provide a copy to the Department of Business and Professional Regulation as proof of timely submission. Form WH-530 can be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-2212 or at http://www.myfloridalicense.com/dbpr/reg/farmLabor.html or at https://www.flrules.org/Gateway/reference.asp?No=Ref-17552;

(2) Complete and submit application form DBPR FCL 1004 “Addendum To Application for a Farm Labor Contractor Certificate of Registration”, effective March 2023, adopted and incorporated herein by reference, which can be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-2212 or at http://www.myfloridalicense.com/dbpr/reg/farmLabor.html or at https://www.flrules.org/Gateway/reference.asp?No=Ref-17478. All items on the application form must be completed. Applications that do not contain the required information or required application fee will be considered incomplete and will not be processed until the missing information or fee is provided;

(3) Pay by certified check, cashier’s check, money order, or credit card, a nonrefundable application fee of $125.00, payable to the Department of Business and Professional Regulation;

(4) Successfully take and pass the Farm Labor Contractor Test and pay the nonrefundable examination fee of $35.00. The test may be administered at selected Department of Business and Professional Regulation field offices. Contact information for these offices may be obtained at https://www2.myfloridalicense.com/farm-labor/forms-and-publications/. When an applicant passes the test, they must comply with all other registration requirements before a certificate of registration will be issued.

(5) Applicants who are also applying for a license to transport workers, in addition to the above listed requirements, must also submit a certificate of insurance demonstrating that the applicant has complied with the applicable liability insurance coverages and produce evidence that each vehicle utilized complies with safety standards as required by these regulations and Section 450.33, F.S.

History

• Rulemaking Authority 450.30, 450.36 FS. Law Implemented 450.30, 450.31(1)(c), 450.33 FS. History–New 1-19-73, Revised 1-29-74, Amended 10-30-78, Formerly 8B-4.04, Amended 11-28-85, Formerly 38B-4.04, 38B-4.004, Amended 5-23-88, Formerly 38H-4.004, 38H-11.004, Amended 4-16-13, 2-18-25.

Fla. Admin. Code R. 61L-1.005 Renewal of Registration Certification

(1) Application for the renewal of a Florida Farm Labor Contractor Certificate of Registration may be made at least 30 days prior to expiration, by U.S. Mail or in person at Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-2212. Assistance may be obtained at selected Department of Business and Professional Regulation field offices. Contact information for these offices, along with the application, supplemental forms and program information, may be obtained at https://www2.myfloridalicense.com/farm-labor/forms-and-publications/. Prior to the renewal of a certificate previously issued, a person seeking a certificate must comply with the following requirements:

(a) Possess a valid federal Farm Labor Contractor or Employee Certificate of Registration, or timely submit form WH-530, “Application for a Farm Labor Contractor Certificate of Registration,” OMB Number 1235-0016, Expiration 08/31/2027, herein incorporated by reference, to the U.S. Department of Labor at least thirty (30) days prior to the expiration of their current federal Farm Labor Contractor Certificate of Registration, and provide a copy to the Department of Business and Professional Regulation as proof of timely submission. Form WH-530 can be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-2212 or at https://www2.myfloridalicense.com/farm-labor/forms-and-publications/ or at https://www.flrules.org/Gateway/reference.asp?No=Ref-17492;

(b) Complete and submit renewal form DBPR FCL 1004 “Addendum To Application for a Farm Labor Contractor Certificate of Registration,” revised March 2023, adopted and incorporated herein by reference, which can be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-2212 or at https://www2.myfloridalicense.com/farm-labor/forms-and-publications/ or at https://www.flrules.org/Gateway/reference.asp?No=Ref-17493. All items on the application form must be completed;

(c) Pay by certified check, cashier’s check, money order, or credit card, a nonrefundable renewal fee of $125.00.

(2) Applications that do not contain the required information or required application and examination fees will be considered to be incomplete and will not be processed until the missing information or fee is provided, in accordance with section 120.60, F.S.

History

• Rulemaking Authority 450.36 FS. Law Implemented 450.30, 450.31(1)(c), 450.33 FS. History–New 4-16-13, Amended 2-19-25.

Fla. Admin. Code R. 61L-1.006 Reexamination

(1) A farm labor contractor seeking to retake the Florida Farm Labor Contractor Test must comply with the following:

(a) Schedule to take the exam with the Department of Business and Professional Regulation;

(b) Present a state or federal issued photo identification to the test administrator prior to retaking the examination;

(c) Pay by certified check, cashier’s check, money order, or credit card, a nonrefundable reexamination fee of $35.00.

(2) Reexamination may be administered at selected Department of Business and Professional Regulation field offices. Contact information for these offices, along with the application, supplemental forms and program information, may be obtained at http://www.myfloridalicense.com/dbpr/reg/farmLabor.html.

History

• Rulemaking Authority 450.36 FS. Law Implemented 450.30, 450.31(1)(c) FS. History–New 4-16-13.

Fla. Admin. Code R. 61L-1.010 Best Practices Incentive Program for Farm Labor Contractors

(1) In order to help public identification of farm labor contractors who demonstrate firm commitment to responsible and safe labor practices, a Florida licensed farm labor contractor may request the Division to be recognized as a designated best practices farm labor contractor, upon a finding by the Department the farm labor contractor licensee meets the qualifications set forth below.

(2) To be eligible as a recipient for designation as a best practices farm labor contractor, a valid Florida licensed farm labor contractor must submit a request for such designation to the Department and maintain valid licensure in this state for three years prior to the request for designation.

(3) A request for designation as a best practices farm labor contractor shall be subject to denial or revocation if the Florida licensed farm labor contractor:

(a) Has been disciplined for or is currently under investigation by the Department for any major violations as delineated in Rule 61L-1.012, F.A.C., within the past three years;

(b) Has been disciplined for or is currently under investigation by the Department for three or more minor violations as delineated in Rule 61L-1.012, F.A.C., within the past three years;

(c) Has had a registration, certification, or license revoked or suspended by this state or any other jurisdiction for any offense related to regulated agricultural activities within the past five years;

(d) Has been found guilty, with or without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere in this state, in any other state, or under the laws of the United States of a capital felony, a felony, or an offense in any other jurisdiction which would be a felony under the laws of this state, within the past ten years;

(e) Has been found guilty, with or without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere in this state, in any other state, or under the laws of the United States of a crime, if such crime is related to gambling, controlled substances, alcohol, labor relations, child labor, or agricultural activities within the past five years;

(f) Has been found guilty, with or without adjudication of guilt, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere in this state, in any other state, or under the laws of the United States of two or more misdemeanors within the past five years, or

(g) Has failed to comply with any requirements set forth in this rule.

(4) As a condition of designation and to maintain the designation as a best practices farm labor contractor, the requesting recipient of a designation as a best practices farm labor contractor shall:

(a) Continue to be in compliance with Chapter 450, Part III, F.S., and the rules promulgated thereunder where applicable;

(b) Continue to be in compliance with requirements set forth in this rule;

(c) Request a renewal of the designation with the Department no later than 90 days prior to the two-year anniversary date subsequent to receiving the designation, otherwise failure to timely make such request shall subject the recipient to the termination of the recipient’s designation. Compliance with this paragraph requires that the recipient:

1. Contact the Department to request a renewal of the recipient’s designation as a best practices farm labor contractor 90 days before the recipient’s two-year anniversary of receiving the designation; and,

2. Permit a routine compliance investigation to be conducted by the Department prior to the expiration of the recipient’s two-year anniversary date of receiving the designation, unless such investigation has been completed by a Department official prior to that date.

(d) Notify the Department within 60 days of any event the recipient fails to be in compliance with the provisions of this rule. Failure to timely report such an event shall subject the recipient’s designation to revocation by the Department.

(5) Recipients of a designation as a best practices farm labor contractor will be listed and maintained on the Department’s website.

History

• Rulemaking Authority 450.321, 450.36 FS. Law Implemented 450.28, 450.321, 450.38 FS. History–New 8-22-17.

Fla. Admin. Code R. 61L-1.012 Disciplinary Guidelines

(1) Purpose. Pursuant to Sections 450.31, 450.36, and 450.38, F.S., the Department provides within this rule, disciplinary guidelines, which shall be imposed upon any person, firm, association, or corporation that commits a violation of Chapter 450, Part III, F.S., or any rules promulgated pursuant thereto. The purpose of this rule is to notify any person, firm, business entity, association, or corporation of the range of penalties which would routinely be imposed for the most common violations unless the Department finds it necessary to deviate from the guidelines for the stated reasons given within this rule. The lowest range of penalties provided below is based upon a single count violation of each provision listed; multiple counts of the violated provision or a combination of violations may result in a higher penalty than that for a single, isolated violation. This list is not intended to be all inclusive of the potential violations that could be found.

(2) Major Violations and Range of Penalties. In imposing discipline upon applicants and registrants, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Department shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. The Department may consider any prior violation when determining the severity of a penalty. Any agreed settlement stipulation or consent order, as provided for in subsection (4) of this rule, is an offense notwithstanding the failure to admit or deny guilt in the prior case. For any fourth or subsequent violation, the penalty is revocation.

RANGE OF PENALTIES

VIOLATION

FIRST OFF.

SECOND OFF.

THIRD OFF.

(a) Acting as a Farm Labor Contractor Without Certificate of Registration (Section 450.30(1), F.S.)

1. Threat of economic or physical harm

$500.00

$1,500.00

$2,500.00

2. Actual economic or physical harm

$1,000.00

$1,750.00

$2,500.00

(b) Misrepresentation or False Statement in Application for Certificate of Registration (Sections 450.31(2)(b), 450.34(1), F.S.)

1. Threat of economic or physical harm

$500.00

$1,000.00

$1,750.00

2. Actual economic or physical harm

$750.00

$1,500.00

$2,500.00

(c) Misrepresentation Concerning Terms, Conditions or Existence of Employment (Sections 450.31(2)(c), 450.34(2), F.S.)

1. Threat of economic or physical harm

$500.00

$1,000.00

$1,750.00

2. Actual economic or physical harm

$750.00

$1,500.00

$2,500.00

(d) Failure to Pay Wages When Due (Section 450.33(2), F.S.)

Actual economic or physical harm

$1,000.00

$1,500.00

$2,500.00

(e) Failure to Honor Agreement (Section 450.33(3), F.S.)

1. Threat of economic or physical harm

$500.00

$1,000.00

$1,500.00

2. Actual economic or physical harm

$1,000.00

$1,500.00

$2,500.00

(f) Failure to Take Out Policy of Insurance or Obtain Sufficient Amount of Insurance (Section 450.33(5), F.S.)

1. Threat of economic or physical harm

$1,000.00

$1,250.00

$1,500.00

2. Actual economic or physical harm

$1,000.00

$1,500.00

$2,500.00

(g) Failure to Provide Wage Statements (Section 450.33(7), F.S.)

1. Threat of economic or physical harm

$500.00

$1,000.00

$1,500.00

2. Actual economic or physical harm

$750.00

$1,500.00

$2,500.00

(h) Failure to Ensure Vehicle Safety No Vehicle Inspection (Section 450.33(8), F.S.)

1. Threat of economic or physical harm

$1,000.00

$2,000.00

$2,500.00

2. Actual economic or physical harm

$1,500.00

$2,500.00

$2,500.00

(i) Failure to Deduct Proper Amounts From Pay (Sections 450.33(7), F.S.)

1. Threat of economic or physical harm

$500.00

$1,000.00

$1,500.00

2. Actual economic or physical harm

$750.00

$1,500.00

$2,500.00

(j) No Valid Driver’s License, Not Proper Class (Section 450.33(9), F.S.; 29 CFR 500.100(a); 29 CFR 500.105(b)(1)(iii)(E))

1. Threat of economic or physical harm

$500.00

$1,000.00

$1,500.00

2. Actual economic or physical harm

$1,000.00

$1,500.00

$2,500.00

(k) Transporting Workers in Unsafe Vehicles (Section 450.33(9), F.S.; 29 CFR 500.101(a) & (b); 29 CFR 500.102(a) & (b))

1. Threat of economic or physical harm

$1,000.00

$2,000.00

$2,500.00

2. Actual economic or physical harm

$1,500.00

$2,500.00

$2,500.00

(l) Unsafe Transportation of Fuel (Section 450.33(9), F.S.; 29 CFR 500.105(b)(2)(xiii))

1. Threat of economic or physical harm

$750.00

$1,500.00

$1,750.00

2. Actual economic or physical harm

$1,000.00

$1,750.00

$2,500.00

(m) Transporting Workers in Overloaded Vehicle (Section 450.33(9), F.S.; 29 CFR 500.105(b)(2)(vii)(E) & 29 CFR 500.105(b)(3)(vi)(d))

1. Threat of economic or physical harm

$1,000.00

$1,500.00

$1,750.00

2. Actual economic or physical harm

$1,500.00

$2,000.00

$2,500.00

(n) Unsafe Operation of Transportation Vehicle (Section 450.33(9), F.S.; 29 CFR 500.105(b)(2)(i))

1. Threat of economic or physical harm

$500.00

$1,000.00

$1,750.00

2. Actual economic or physical harm

$750.00

$1,500.00

$2,500.00

(o) Sexual Harassment (Sections 450.33(9); 760.10 F.S.)

1. Threat of economic or physical harm

$1,000.00

$1,500.00

$2,500.00

2. Actual economic or physical harm

$1,500.00

$2,000.00

$2,500.00

(p) Transportation Unauthorized (Section 450.33(9) F.S.; 29 CFR 500.71)

1. Threat of economic or physical harm

$1,000.00

$2,000.00

$2,500.00

2. Actual economic or physical harm

$1,500.00

$2,500.00

$2,500.00

(q) Driver Unauthorized (Section 450.33(9), F.S.; 29 CFR 500.105(b)(2)(xiv))

1. Threat of economic or physical harm

$1,000.00

$2,000.00

$2,500.00

2. Actual economic or physical harm

$1,500.00

$2,500.00

$2,500.00

(r) Compliance with Housing Requirements (Section 450.33(9), F.S.; 29 CFR 500.132)

1. Threat of economic or physical harm

$500.00

$1,500.00

$1,750.00

2. Actual economic or physical harm

$1,000.00

$1,750.00

$2,500.00

(s) No Field Toilet Facilities (Section 450.33(9), F.S.; subsection 64E-14.016(1), F.A.C.; 29 CFR 1928.110(c) (2))

Actual economic or physical harm

$750.00

$1,500.00

$2,500.00

(t) No Drinking Water (Section 450.33(9), F.S.; subsection 64E-14.016(4), F.A.C.; 29 CFR 1928.110(c)(1))

Actual economic or physical harm

$750.00

$1,500.00

$2,500.00

(u) Failure to Maintain Daily Field Records (Section 450.33(10), F.S.)

1. Threat of economic or physical harm

$500.00

$1,000.00

$1,500.00

2. Actual economic or physical harm

$750.00

$1,500.00

$2,500.00

(v) Unlawful Wage Deductions (Section 450.34(3), F.S.)

Actual economic or physical harm

$1,000.00

$1,750.00

$2,500.00

(w) Retaliation (Section 450.34(4), F.S.)

1. Threat of economic or physical harm

$1,000.00

$1,500.00

$1,750.00

2. Actual economic or physical harm

$1,500.00

$1,750.00

$2,500.00

(x) Utilization of Unregistered Farm Labor Contractor (Sections 450.34(5), 450.35, F.S.)

1. Threat of economic or physical harm

$500.00

$1,000.00

$1,750.00

2. Actual economic or physical harm

$1,000.00

$1,750.00

$2,500.00

(y) Required Purchase or Unreasonable Cost (Sections 450.39(1), (2), F.S.)

1. Threat of economic or physical harm

$1,000.00

$1,500.00

$1,750.00

2. Actual economic or physical harm

$1,500.00

$1,750.00

$2,500.00

(z) Failure to Maintain a Charged Fire Extinguisher (Section 450.33(9), F.S.; 29 CFR 500.105(b)(2)(vi))

1. Threat of economic or physical harm

$1,000.00

$1,250.00

$1,500.00

2. Actual economic or physical harm

$1,500.00

$2,000.00

$2,500.00

(aa) Failure to Maintain Payroll Records (Section 450.33(9), F.S.; 29 CFR 500.80)

1. Threat of economic or physical harm

$500.00

$1,000.00

$1,750.00

2. Actual economic or physical harm

$1,000.00

$1,750.00

$2,500.00

(3) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in each individual case, the Department may deviate from the penalties recommended above. The Department shall consider as aggravating or mitigating factors the following;

(a) Exposure of worker(s) to injury, physical or economic;

(b) Legal status of the certificate of registration at the time of the offense;

(c) The number of counts or separate offenses;

(d) The number of times the same or substantially similar offense or offenses have previously been committed by the registrant or applicant, regardless of the jurisdiction in which the offense was committed;

(e) The disciplinary history of the applicant or registrant in any jurisdiction, including federal, and the length of registration;

(f) Pecuniary benefit or self-gain inuring to the registrant;

(g) Whether the violation was corrected as soon as possible;

(h) Whether the penalty would cause significant financial hardship to the registrant;

(i) Whether the registrant and/or the registrant’s employees have completed a continuing education course or instituted a training program relevant to the violations charged; and

(j) Any other relevant mitigating factors.

(4) Stipulations or Settlements. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Department to dispose informally of disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S.

(5) Minor Violations and Range of Penalties.

(a) A warning shall be issued for the first minor violation.

(b) Each successive minor violation will be assessed in increments of $250.00 up to $2,500.00. A violation committed after the maximum monetary amount of $2,500 has been reached shall result in a denial of an application for, or the revocation of, a certificate of registration. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included. This list is not intended to be all inclusive of the potential violations that could be found.

1. Failure to carry Certificate of Registration (Section 450.33(1), F.S.),

2. Failure to Display Poster Disclosing the Terms and Conditions of Employment (Section 450.33(4), F.S.),

3. Failure to Carry a Doctor’s Certificate for Every Driver (Section 450.33(9), F.S.; 29 CFR 500.105(b)(1)(i)(H)),

4. Failure to Display Railroad Crossing Sign on Vehicle (Section 450.33(9), F.S.; 29 CFR 500.105(b)(2)(xvii)),

5. Failure to Notify of Change of Address (Section 450.33(9), F.S.; 29 CFR 500.54),

6. Failure to Provide Field Hand Washing Units (Section 450.33(9), F.S.; subsections 64E-14.016(1) and (3), F.A.C., 29 CFR 1928.110(c)(2)(iii); 29 CFR 1928.110(c)(3)(iii)),

7. Failure to provide Single Use Drinking Cups (Section 450.33(9), F.S.; subsection 64E-14.016(4), F.A.C.; 29 CFR 1928.110(c)(1)(iii)),

8. Failure to Label Drinking Water (Section 450.33(9), F.S.; subsection 64E-14.016(4), F.A.C.),

9. Failure to Provide Toilet Facilities Within One Quarter (0.25) Mile (Section 450.33(9), F.S.; subsections 64E-14.016(1) and (3), F.A.C.; 29 CFR 1928.110(c)(2)(iii)),

10. Failure to Provide Toilet Paper (Section 450.33(9), F.S.; 29 CFR 1928.110(c)(2)),

11. Failure to Keep Toilet Facilities Clean (Section 450.33(9), F.S.; subsection 64E-14.016(2), F.A.C.; 29 CFR 1928.110(c)(3)(ii)),

12. Failure to Provide Hand Washing Soap (Section 450.33(9), F.S.; subsection 64E-14.016(3), F.A.C.; 29 CFR 1928.110(c)(2)),

13. Failure to Provide Single Use Towels (Section 450.33(9), F.S.; subsection 64E-14.016(3), F.A.C.; 29 CFR 1928.110(c)(2)),

14. Failure to Ensure Operational External Vehicle Lights and Bulbs (Section 450.33(9), F.S.; 29 CFR 500.104(a), 500.105(b)(2)(vi), 500.105(b)(3)(ii)),

15. Ineffective Windshield Wiper Blades (Section 450.33(9), F.S.; 29 CFR 500.104(g), 500.105(b)(3)(vi), 500.105(b)(2), 500.105(b)(5)),

16. Failure to Replace or Repair Cracked Side Window (Section 450.33(9), F.S.; 29 CFR500.104(g), 500.105(b)(3), 500.105(b)(5)),

17. Removable Materials Blocking Vehicle Exit (Section 450.33(9), F.S.; 29 CFR 500.105(b)(3)(vi)(F)),

18. Materials Blocking Vehicle Taillights (Section 450.33(9), F.S.; 29 CFR 500.105(b)(2)(xi)),

19. Vehicle with a Bald Tire (Section 450.33(9), F.S.; 29 CFR 500.104(c), 500.105(b)(3)(v)),

20. Having an In-operable Vehicle Horn (Section 450.33(9), F.S.; 29 CFR 500.104(c), 500.105(b)(2)(vi)),

21. Failure to Properly Maintain Interior and Exterior Vehicle Mirrors (Section 450.33(9), F.S.; 29 CFR 500.104(f), 500.105(b)(2)(vi)),

22. Failure to Properly Maintain Windows and Window Handles (Section 450.33(9), F.S.; 29 CFR 500.105(b)(5)).

(6) Other Action. The provisions of this rule are not intended to and shall not be construed to limit the ability of the Department to recommend or pursue criminal actions when appropriate.

History

• Rulemaking Authority 450.36, 450.38(3), 455.2273 FS. Law Implemented 450.30, 450.31, 450.33, 450.34, 450.35, 450.39, 455.2273 FS. History–New 11-28-85, Formerly 38B-4.12, 38H-4.012, 38H-11.012, Amended 11-22-10, 2-21-13.

Chapter 61L-2 CHILD LABOR RULE

Fla. Admin. Code R. 61L-2.002 Definitions

Unless otherwise specified, the terms and definitions contained in Section 450.012, F.S., are incorporated by reference. As used in Chapter 61L-2, F.A.C., and in the Child Labor Law, Chapter 450, Part I, F.S., the following words, phrases or terms shall mean:

(1) “Age” – When a particular age is cited, it shall mean any person who has not yet reached his or her next birthday. For example, “10 years of age or younger” refers to persons who have not yet reached their eleventh (11th) birthday; and “minors 16 and 17 years of age” refer to persons who have reached their sixteenth (16th) birthday, but have not reached their eighteenth (18th) birthday.

(2) “Chaperone” shall mean a person, at least eighteen (18) years of age, who has written permission of a minor’s parent(s) or guardian to supervise the minor.

(3) “Child Labor Law” shall mean Chapter 450, Part I, F.S.

(4) “Close Supervision” shall mean supervision by an adult who remains within sight of the minor.

(5) “Corrosives” shall mean all substances, liquid or solid, that cause destruction of human skin tissue or have a severe corrosion rate on steel or aluminum.

(6) “Domestic work” shall mean household chores such as baby sitting, sweeping, mopping, cleaning, and/or emptying trash, which are performed in a private residence or nursing home.

(7) “Electric utility” shall have the same meaning as the term is defined at Section 366.02(2), F.S.

(8) “Employ” shall mean put to use or service, engage the services of, or cause, permit, or suffer anyone to work.

(9) “Employer” shall mean any person, business, company, corporation, officer or director of a corporation, or general or limited partner of a business which employs a minor, or has control over the hours and/or working conditions of the minor.

(10) “Guardian” shall mean a person appointed by a court of this state, or any other state, or country, to act on behalf of the minor's person.

(11) “Hazardous occupations” shall mean those occupations designated as hazardous occupations in Section 450.061, F.S., and in Rule 61L-2.005, F.A.C.

(12) “Pesticide” shall mean those chemicals defined in Section 487.021(49), F.S.

(13) “School day” shall mean any day or days designated for school attendance for a particular minor by the school in which the minor is enrolled. When a student is participating in a vocational or home-schooling program approved by the minor’s assigned school or school district, that student’s school days shall be set by the student’s vocational instructor or home-teacher.

(14) “School hours” shall mean those hours designated for school attendance for a particular minor by the school in which the minor is enrolled. When a student is participating in a vocation or home-schooling program approved by the minor’s assigned school or school district, that student’s school hours shall be set by the student’s vocational instructor or home-teacher.

(15) “Six consecutive days” shall mean six consecutive 24-hour periods during which work is performed without a 24-hour period of non-work.

(16) “Touring company” shall mean any for-profit employer in the entertainment industry which presents entertainment productions to the public on a touring basis and which, as part of such tour, presents any such production(s) in Florida as part of a multi-state tour. The term is not intended to cover performances by minors employed by theme parks which may have many locations, nor is it intended to cover production or promotional activities which may require travel.

(17) “Vocational Education” shall mean all Department of Education approved job training programs, and job preparatory programs administered by the Agency for Workforce Innovation, or by other departments of the state, and federal programs, including the following programs now existing or similar programs developed hereafter: Work Experience and Career Exploration, Diversified Cooperative Training, Marketing Education, Adult Migrant Education, Job Training Partnership Act, Vocational Rehabilitation, Apprenticeship, and Job Corps.

(18) “Work” shall mean any activity which is performed by a minor at the direction of, or scheduled by, his or her employer, and shall include time spent performing activities at the direction of, or scheduled by, the employer which are preliminary to or postliminary to the minor’s principal activity or activities. The term shall also include time spent by minors traveling from their permanent, or temporary living quarters, such as their home, hotel room, train-car, travel-trailer, or bus, to any site where the minor performs his or her work activities, and the return trip back, but only if such travel is required by, scheduled by, or arranged by the employer.

History

• Rulemaking Authority 450.061 FS. Law Implemented 450.001, 450.021, 450.061, 450.081, 450.161 FS. History–New 10-7-93, Formerly 38H-14.002, Amended 10-7-24.

Fla. Admin. Code R. 61L-2.003 Proof of Age and Removal of Disability of Nonage

(1) Proof of Age. In addition to the acceptable forms of proof enumerated in Section 450.045(1), F.S., age may also be established by a photocopy of the child’s identification card issued by the Florida Department of Highway Safety and Motor Vehicles or by a valid military identification card that shows the minor’s date of birth.

(2) Proof of Removal of Nonage Disability. Prior to employing any person who claims his or her disability of nonage has been removed by the occurrence of one of the events enumerated in Sections 450.012(3)(a)-(e), F.S., employers shall obtain a certified copy of the document or record which establishes the claimed exemption. Employers shall maintain a copy of such document or record on file during the entire period of employment.

History

• Rulemaking Authority 450.121 FS. Law Implemented 450.012(3), 450.045(1), 450.045(3), 450.061(3) FS. History–New 10-7-93, Formerly 38H-14.003, Amended 6-12-16.

Fla. Admin. Code R. 61L-2.004 Safe Work Place, and Safety Equipment

(1) Safe Work Place. Employers of minors shall not require minors to work in any situation that places the minor in clear and present danger to life or limb.

(2) Safety Equipment. The employer shall provide any safety equipment recognized in the industry as necessary for protection from injury, and shall ensure proper usage of such equipment by their minor employees.

History

• Rulemaking Authority 450.121 FS. Law Implemented 450.061, 450.132 FS. History–New 10-7-93, Formerly 38H-14.004.

Fla. Admin. Code R. 61L-2.005 Additional Hazardous Occupations Prohibited

(1) General. Rule 61L-2.005, F.A.C., lists the occupations and places of employment which the Department has determined and declared are hazardous or injurious to the life, health, safety, or welfare of minors. Pursuant to Section 450.061, F.S., employers shall not require, permit, or suffer minors to work in these occupations, unless the minors’ activities are limited to office, sales or stockroom work, and this employment will not place the minor in clear and present danger to life or limb.

(2) Occupations Prohibited by the United States Department of Labor. Employers of minors shall not require, permit, or suffer minors to work in the occupations and places of employment listed in 29 Code of Federal Regulations (C.F.R.) Part 570, (2024) Subparts C, E, and E-1, and such definitions and descriptions are adopted and incorporated by reference into this rule. Subpart C is located at http://www.flrules.org/Gateway/reference.asp?No=Ref-17473. Subpart E is located at http://www.flrules.org/Gateway/reference.asp?No=Ref-17474. Subpart E-1 is located at http://www.flrules.org/Gateway/reference.asp?No=Ref-17475. Employers should obtain copies of the federal regulations which contain these definitions as provided in Rule 61L-2.012, F.A.C.

(3) Compressed Gasses. Employers shall not allow any minor to dispense, or to transport, service, modify or alter tanks, cylinders or other equipment used for storing, any inert or compound gas, including air, which has been compressed to a pressure that exceeds 40 pounds per square inch (psi), except that minors who are sixteen (16) years of age or older may fill balloons, and bicycle or car tires (but not truck or heavy equipment), if given proper instruction and the tank or cylinder containing the compressed gas is fixed and secure.

(4) Door-to-door Sales. As provided in paragraph 450.061(1)(n), F.S., door-to-door sales on behalf of nonprofit organizations are allowable for minors who are under the age of sixteen years, but the organizations shall ensure that such sales are undertaken under close supervision as defined in subsection 61L-2.002(4), F.A.C.

History

• Rulemaking Authority 450.121 FS. Law Implemented 450.061 FS. History–New 10-7-93, Formerly 38H-14.005, Amended 2-18-25.

Fla. Admin. Code R. 61L-2.006 Employment of Minors by the Entertainment Industry

(1) General. Rule 61L-2.006, F.A.C., sets forth the work conditions determined necessary by the Department to protect minor employees in the entertainment industry. The requirements in this rule are intended to ensure that minors are not employed under conditions that are injurious or detrimental to their health, safety or education.

(2) Permit to Hire and Reporting Requirements for Employers.

(a) Permit to Hire. Employers of minors in the entertainment industry shall obtain a Permit to Hire prior to employing any minor in Florida, or within 60 days of this rule’s adoption for productions already in progress. Application for a Permit to Hire shall be made by submitting to the Department a completed Application For Permit To Hire, Form DBPR FCL 1001 (Rev. 2/93), available as provided in Rule 61L-2.012, F.A.C. Failure to complete any item in the application form, after being requested to do so, or if the completed application form evinces work conditions that are hazardous or detrimental to the health, morals, or education of the minor employees, shall be grounds to deny the application. Permits shall be limited in duration to the employer’s schedule of production, or tour within the state of Florida, not to exceed one (1) year.

(b) Reporting Requirements. Employers of minors in the entertainment industry shall provide the Department with information relative to each “shoot” or separate program of a series as required in Section 450.132(5), F.S. After each production, or upon completion of employment in Florida, the employer shall submit to the Department a completed Final Report, Form DBPR FCL 1003, available as provided in Rule 61L-2.012, F.A.C. Failure to submit such Final Report shall be grounds to deny any future application for Permit to Hire.

(3) Parental Notice and Authorization for Medical Care.

(a) Parental Notice of Terms and Conditions of Employment. Employers of minors in the entertainment industry shall notify the minor’s parent(s), guardian, or chaperon, of the terms and conditions of employment, including the activities required of the minor, the place and duration of location work, and the names of the producer and stunt coordinator (if applicable).

(b) Authorization for Medical Care. Prior to the minor’s beginning employment, the employer shall obtain written authorization from the minor’s parent(s), guardian, or chaperon, to consent for medical treatment on behalf of the minor in case of an emergency.

(4) Child Labor Coordinator. The employer shall designate one (1) individual on each set where minors are employed, or in each touring company which includes minor employees, to act as Coordinator of Child Labor. The coordinator shall respond to all communications from the Department regarding the employment of minor(s). The employer shall provide the name of the coordinator(s) to the Department, the minor, the minor’s parent(s), guardian, and/or chaperon.

(5) Time Limitations.

(a) Work Day. The work day for a minor shall begin no earlier than 7:00 a.m. and shall end no later than 11:30 p.m.

(b) Work Week. A minor shall not be required or permitted to work more than six (6) consecutive days.

(c) Work Hours, and Maximum Hours at Place of Employment per Age Group. Working hours, and hours spent at the place of employment may not exceed the following time limitations in a twenty-four (24) hour period unless a Partial Waiver is granted by the Department.

1. Minors Under Two (2) Years. Employers of minors under two (2) years of age shall not require such minors to remain at the place of employment for more than four (4) hours per day, subject to the following limitations:

a. Minors Under Six (6) Months. Minors under six (6) months of age shall not be exposed to light of an intensity greater than one hundred (100ꞌ) foot candlelight for more than one (1) minute in every fifteen (15) minute period, and shall not be required to work more than twenty (20) minutes per day.

b. Minors Six (6) Months to Under One (1) Year. Minors six (6) months of age to under one (1) year of age shall not be exposed to camera lights for more than two (2) minutes every fifteen (15) minute period, and shall not be required to work more than two (2) hours per day.

c. Minors One (1) to Under Two (2) Years. Minors one (1) year of age to under two (2) years of age shall not be required to work more than three (3) hours per day.

2. Minors Two (2) Years to Under Six (6) Years. Minors two (2) years of age to under six (6) years of age shall not be required to remain at the place of employment more than six (6) hours per day, and shall not be required to work more than four (4) hours per day.

3. Minors Six (6) Years to Under Nine (9) Years. Minors six (6) years of age to under nine (9) years of age shall not be required to remain at the place of employment more than nine (9) hours per day, and shall not be required to work more than six (6) hours per day.

4. Minors Nine (9) to Under Sixteen (16) Years. Minors nine (9) years of age to under sixteen (16) years of age shall not be required to remain at the place of employment more than ten (10) hours per day, and shall not be required to work more than seven (7) hours per day.

5. Minors Over Sixteen (16) Years. Minors who have reached their sixteenth (16th) birthday shall not be required to remain at the place of employment more than ten (10) hours per day.

(d) Meal Periods. All work hours are exclusive of the meal period. The work hours shall be extended by a meal period not longer than one-half (1/2) hour.

(e) Rest Period After Dismissal. The employer shall set the minor’s dismissal on the last day of the minor’s employment so that the minor will have a twelve (12) hour rest period between the end of the employment period and the minor’s return to his or her regular school. For example, a minor returning to his regular school at 8:30 a.m. shall be dismissed from employment by 8:30 p.m. the previous evening.

(f) After-the-Fact Partial Waiver for Emergency Extension of Work Hours. If unexpected, or emergency situations arise which will result in violation of applicable work hours restrictions for a minor, and prior application for Partial Waiver is not possible, the Department shall grant an after-the-fact Partial Waiver for Emergency Extension of Work Hours, provided the employer notifies the Department of the situation which required the extended work hours on the next working day, and demonstrates that the situation was resolved with the best interest of the minor in mind.

(6) Sanctions. In addition to the sanctions set out in Sections 450.141 and 450.151, F.S., any violation of the Child Labor Law or these rules shall be grounds for assessing civil money penalties pursuant to Section 450.141, F.S., or for denying, suspending, or revoking any Permit to Hire or Partial Waiver pursuant to Sections 450.095 and 450.132, F.S.

History

• Rulemaking Authority 450.121, 450.132 FS. Law Implemented 450.095, 450.132, 450.141 FS. History–New 10-7-93, Formerly 38H-14.006.

Fla. Admin. Code R. 61L-2.007 Partial Waivers

(1) Generally. Pursuant to Section 450.095, F.S., when it clearly appears to be in the best interest of the child, based upon a case-by-case review of the relevant facts, the Department, or school district designee if the minor is enrolled in the public school system, shall grant a waiver of any restriction imposed by the Child Labor Law, or by these rules. Application may be made by the minor, his or her parent(s), guardians, or chaperone, or by employers of minors. When determined to be in the best interest of the minor the Department, or the school district designee shall issue a Partial Waiver which shall specify the restriction(s) waived, and shall be valid for a period specified on the Partial waiver, not to exceed one (1) year. Employers shall keep a copy of any Partial Waiver granted in their file during the entire period of employment for which the Partial Waiver is applicable.

(2) Application Requirements. Application for a Partial Waiver shall be made by submitting to the Department a completed Application for Waiver of Florida Child Labor Law, Form DBPR FCL 1002 (Rev. 2/93), available as provided in Rule 61L-2.012, F.A.C. Applications must be filled out completely and must specify the provision or provisions of the Child Labor Law or these rules from which the Partial Waiver is sought. The applicant shall provide supportive factual information and documentation to justify the Partial Waiver sought.

(3) Criteria for Justifying A Partial Waiver. In determining whether to grant a Partial Waiver, the Department shall consider all relevant information which may establish what is in the best interest of the minor, including:

(a) School Status. The Department, or school district designee, shall grant a Partial Waiver based on school status when:

1. The minor will receive instruction by a tutor at the place of employment;

2. The minor has been authorized by the District School Superintendent to complete his or her education through alternative methods such as home school;

3. The minor has been permanently expelled from the public school system;

4. The minor is enrolled in school in a foreign country and is visiting Florida during his or her home country’s non-school period; or

5. The employment would provide an educational, vocational, or public service experience that would be beneficial to the minor.

(b) Documentation to justify a Partial Waiver based on school status shall consist of written confirmation from the minor’s school principal or the Superintendent of the School District and of copies of school records clearly defining the minor’s school status.

(c) Financial Hardship. The Department, or school district designee, shall grant a Partial Waiver based on financial hardship when compliance with the Child Labor Law or these rules will result in undue financial hardship for the minor or the minor’s immediate family. Documentation to justify a Partial Waiver based on financial hardship shall consist of a notarized letter, explaining the particular circumstances creating a hardship, from a parent, guardian, or other adult, who knows and can attest to the minor’s financial hardship; written confirmation from a school recently attended; documentation from a social service agency; or verification of participation in AFDC, Food Stamp, Project Independence, or other similar programs. The Department may require other documentation which proves financial hardship.

(d) Medical Hardship. The Department, or school district designee, shall grant a Partial Waiver based on medical hardship when compliance with the Child Labor Law or these rules will result in physical or mental hardship for the minor. Documentation to justify a Partial Waiver based on medical hardship may consist of written confirmation from the minor’s physician stating the specific medical reason(s) that require the minor to be excused from mandatory school attendance and affirming that the minor to be excused from mandatory school attendance may be allowed to work the requested hours, or that the minor should be considered an adult for the purpose of work hours.

(e) Other Hardship. The Department, or school district designee, shall grant a Partial Waiver based on other hardship when compliance with the Child Labor Law or these rules will result in unreasonable hardship to the minor in specific situations.

(f) Court Order. The Department, or school district designee, shall grant a Partial Waiver based on a court order when compliance with the Child Labor Law or these rules will result in the minor violating an order issued by a court mandating that the minor work specified hours or in a specified occupation.

History

• Rulemaking Authority 450.121 FS. Law Implemented 450.081, 450.095, 450.121 FS. History–New 10-7-93, Formerly 38H-14.007.

Fla. Admin. Code R. 61L-2.008 Response to Request for Inspection of Records

(1) Employers shall provide the Department with any and all records and documentation required to be kept by or any such other records as may aid in the enforcement of the Child Labor Law or are required by these rules, or any other federal or state statute regulating employment of minors, immediately upon request for inspection of such records.

(2) Where records are kept in a location other than the immediate situs where the request to inspect is made, the employer shall immediately notify the Department, and shall produce the records within ten days so that inspection of the records may take place. Records relating to proof of age, partial waiver, or work exemption documents must be produced within two business days.

(3) “Such other records as may aid in the enforcement of this law” include:

(a) The legal name of the business;

(b) The employer federal tax identification number (FEIN);

(c) Employment applications of minor employees;

(d) Description of job duties of minor employees;

(e) Records listing the names and dates of birth of every employee;

(f) Timesheets;

(g) Records relating to the times a minor employee clocked in and out at the beginning and end of each shift;

(h) Records relating to any breaks taken by a minor employee off the clock.

(4) All documentation required to be kept by adult theaters must be produced immediately upon request or, if kept in a location other than the immediate situs where the request to inspect is made, the employer shall immediately notify the Department, and shall produce the records within one business day so that inspection of the records may take place.

History

• Rulemaking Authority 450.121 FS. Law Implemented 450.121 FS. History–New 10-7-93, Formerly 38H-14.008, Amended 11-16-15.

Fla. Admin. Code R. 61L-2.009 Employment in Violation of Law or Rules

(1) As provided in Section 450.141, F.S., upon discovery by the Department that an employer is in violation of any provision(s) of the Child Labor Law or these rules, the Department shall give written notice to the employer. Such Notice of Warning shall specify the statutory provision, and/or the rule(s) alleged to be violated, the facts alleged to constitute such violation, and the requirements and time limitations for remedial action. If the employer refuses or fails to comply with the requirements and time limitations for remedial action specified in the Summary of Violations and Notice of Warning, the Department may seek assessment of the following schedule of fines.

Violation

1st Offense

2nd Offense

3rd and Subsequent Offenses

Child Labor Poster not posted conspicuously.

Up to $500

Up to $1,000

Up to $1,500

Employment of minor in violation of age limitations.

Up to $1,000

Up to $1,500

Up to $2,500

Proof of age or copy of Partial Waiver of Child Labor Law not on file.

Up to $700

Up to $1,200

Up to $2,000

Employment of minor in violation of alcoholic beverage law.

Up to $1,000

Up to $1,500

Up to $2,500

Violation of work hours or consecutive days restrictions of the Child Labor Law or this rule chapter.

Up to $1,000

Up to $1,500

Up to $2500

Employment of minor in prohibited hazardous occupation.

Up to $1,500

Up to $2,000

Up to $2,500

Employment of minor in violation of any provision of the Child Labor.

Up to $2,500

Up to $2,500

Up to $2,500

Law or this rule chapter which results in injury or death to minor.

Violation of proof of age and identity requirements for Adult Theaters.

Up to $1,000

Up to $2,000

Up to $2,500

Any other violation of the Child Labor Law or this rule chapter.

Up to $1,000

Up to $1,500

Up to $2,500

Failure to provide records or documentation upon request.

Up to $500

Up to $1,200

Up to $2,000

(2) Aggravating and Mitigating Circumstances. Based upon consideration of aggravating and mitigating factors present in each case, the Department may deviate from the penalty guidelines above. The Department shall consider as aggravating or mitigating factors the following:

(a) Exposure of minor worker(s) to injury, either physical or economic;

(b) The actual knowledge of the employer pertaining to the violation;

(c) The deterrent effect of the penalty imposed;

(d) The number of counts or separate offenses;

(e) History of previous violations of the child labor law or the rules promulgated thereunder;

(f) Attempts by the employer to correct or stop the violation or refusal by the employer to correct or stop the violation(s);

(g) Remedial steps taken by the employer to avoid similar violations in the future;

(h) Whether the employer or supervising employees have completed a child labor training course or instituted a training program relevant to the violations charged; and,

(i) Any other relevant mitigating or aggravating factors under the circumstances.

History

• Rulemaking Authority 450.141, 455.2273 FS. Law Implemented 450.141, 455.2273 FS. History–New 10-7-93, Formerly 38H-14.009, Amended 6-30-15.

Fla. Admin. Code R. 61L-2.012 Forms, Poster, Federal Regulations and Bulletins

(1) Forms. The forms referred to in these rules are hereby adopted for use. Copies of the rules and the forms may be obtained, free of charge, from the Department by writing the Child Labor Office, at Department of Business and Professional Regulation, Farm and Child Labor Program, Child Labor Compliance, 2601 Blair Stone Road, Tallahassee, FL 32399-2212, telephone (850)488-3131 or toll-free (800)226-2536. Copies of any form or document required by the Department, the Child Labor Laws or these rules which are transmitted by fax are acceptable only if the hard copy is received by the Department within five (5) working days after the fax copy. The fax number is (850)487-4928.

(2) Poster. An employer shall comply with the requirements of Section 450.045(2), F.S., by displaying, in a conspicuous place, the Child Labor Laws poster, effective 04/24, incorporated herein and available at http://flrules.org/Gateway/reference.asp?No=Ref-18031, and which is also available, free of charge, from the Child Labor Office at the address provided above.

(3) Federal Regulations. Employers may obtain copies of the federal regulations regarding prohibited hazardous occupations for minors from the Wage and Hour Division of the United States Department of Labor, (see Rule 61L-2.005, F.A.C.) or from the Child Labor Office at the address provided above.

History

• Rulemaking Authority 450.121 FS. Law Implemented 450.041, 450.045, 450.061, 450.081, 450.095, 450.132 FS. History–New 10-7-93, Formerly 38H-14.012, Amended 7-1-25.

Division 61G4 Construction Industry Licensing Board

Chapter 61G4-12 ORGANIZATION AND PURPOSE

Fla. Admin. Code R. 61G4-12 ORGANIZATION AND PURPOSE

CHAPTER 61G4-12 ORGANIZATION AND PURPOSE 61G4-12.002 Purpose (Repealed) 61G4-12.0021 Board Agenda Materials 61G4-12.003 Description of Agency Organization and Operation (Repealed) 61G4-12.004 Public Information and Inspection of Records (Repealed) 61G4-12.005 General Information Concerning Agency (Repealed) 61G4-12.006 Approved Form; Incorporation (Repealed) 61G4-12.007 Statutory Chapters and Rules (Repealed) 61G4-12.008 Time for Compliance with Final Order 61G4-12.009 Fees 61G4-12.010 Probable Cause Panel 61G4-12.011 Definitions 61G4-12.012 Criteria for Selection of Investigators (Repealed) 61G4-12.013 License Fees Paid by Check Returned Due to Insufficient Funds (Repealed) 61G4-12.014 Final Orders (Repealed) 61G4-12.015 Officers (Repealed) 61G4-12.016 Exemption; Practice of Engineering 61G4-12.017 Reinstatement and Relicensure 61G4-12.018 Notification of Investigative and Prosecutorial Costs (Repealed) 61G4-12.019 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States 61G4-12.020 Fee to Enforce Unlicensed Activity (Repealed) 61G4-12.002 Purpose. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 489.101 FS. History–New 1-6-80, Formerly 21E-12.02, 21E-12.002, Repealed 8-10-95. 61G4-12.0021 Board Agenda Materials. Applications will be forwarded to the Board office for placement on an electronic agenda for distribution to the Board members after the application is deemed complete in accordance with Section 120.60, F.S. Materials amending a completed application or other proposed agenda materials submitted less than 21 days prior to a Board Meeting will not be included and will not be distributed to board members except as outlined below. The Board delegates authority to the Board Chair in consultation with Board Counsel to determine when an exception is warranted in order to comply with legal requirements, including fairness to all parties or to the public. The Chairperson presiding over each board meeting session will determine whether or not to accept materials offered during the respective session. Rulemaking Authority 455.213, 455.225 FS. Law Implemented 120.525, 120.57(2), 120.60 FS. History–New 11-4-18. 61G4-12.003 Description of Agency Organization and Operation. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1), 489.107 FS. History–New 1-6-80, Formerly 21E-12.03, Amended 5-29-90, 8-21-91, Formerly 21E-12.003, Repealed 8-10-95. 61G4-12.004 Public Information and Inspection of Records. Rulemaking Authority 120.53(1) FS. Law Implemented 119.07, 120.53(1) FS. History–New 1-6-80, Formerly 21E-12.04, 21E-12.004, Repealed 11-25-97. 61G4-12.005 General Information Concerning Agency. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 1-6-80, Formerly 21E-12.05, 21E-12.005, Repealed 11-25-97. 61G4-12.006 Approved Form; Incorporation. Rulemaking Authority 489.108 FS. Law Implemented 120.52(15), 489.108, 489.143 FS. History–New 1-6-80, Formerly 21E-12.06, Amended 1-1-89, Formerly 21E-12.006, Amended 1-4-94, 2-24-94, 11-23-95, 2-6-96, 7-22-96, 11-25-97, 8-2-98, 2-24-00, 3-26-01, 2-14-05, Repealed 11-18-15. 61G4-12.007 Statutory Chapters and Rules. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 1-6-80, Formerly 21E-12.07, 21E-12.007, Repealed 8-10-95. 61G4-12.008 Time for Compliance with Final Order. (1) In cases where the Board imposes a civil penalty for violation of Chapter 455 or Part I of Chapter 489, F.S., or of the rules promulgated thereunder, the penalty shall be paid within 30 days of its imposition by order of the Board, unless a later time for payment is specified in the Board’s Order. Moreover, unless otherwise addressed by the Board at hearings held pursuant to Section 120.57(2), F.S., whenever a civil penalty is levied at said hearing the respondent who is disciplined shall have all licensure to practice contracting suspended with the imposition of the suspension being stayed for thirty (30) days. If the ordered civil penalty is paid within said thirty (30) day period, the suspension imposed shall not take effect. Upon payment of the civil penalty after the thirty (30) days, the suspension imposed shall be lifted. If the licensee does not pay the civil penalty, within said period, then immediately upon expiration of the stay, the licensee shall surrender his/her licensure to an investigator of the Department of Business and Professional Regulation or shall mail said license to the Board offices. (2) Failure to pay the civil penalty within the time specified in this rule or in the Board’s Order shall constitute grounds for further disciplinary action against the licensee. (3) Failure to pay a fine within the time specified in this rule or in the Board’s Order shall result in the assessment of an interest payment at an annual percentage rate of eighteen percent (18%); said interest shall begin to accrue from the date immediately succeeding the due date of the fine. (4) For purposes of this rule, the term civil penalty shall include the assessment of any fines, costs associated with investigation and prosecution of the complaint, and restitution. (5) In cases where the Board imposes probation for violation of Chapter 455 or Part I of Chapter 489, F.S., or of the rules promulgated thereunder, the following conditions shall apply: (a) The licensee shall be required to appear before the Board at such times as directed by the Executive Director, or as specified in the Final Order. In connection with each probation appearance, the licensee shall answer questions under oath and shall provide copies of all construction related monthly bank statements, permit applications, contracts, and operations questionnaires since the entry of the final order if it is the first probation appearance or since the last probation appearance if it is other than the first probation appearance. In addition, the licensee shall provide such other information or documentation as is requested by either the Department or, the Board. The licensee shall forward said documentation to the Board in advance of the probation appearance. (b) The burden shall be solely upon the licensee to remember the requirement for said appearance, and to take the necessary steps in advance of said appearance to contact the Board office and ascertain the specific time, date, and place of said appearance. The licensee shall not rely on getting notice of said appearance from the Board or the Department. (c) Should the licensee violate any condition of the probation, it shall be considered a violation of Section 489.129(1)(j), F.S., and shall result in further disciplinary action by the Board. (d) Should the licensee fail to make a satisfactory appearance as determined by the Board, the term of the probationary period shall automatically be extended by six (6) months. If there occurs a second such failure, then the term of the probationary period will be extended an additional six (6) months. Should the Board determine a third failure of the licensee to make a satisfactory appearance, then the term of the probationary period will be extended an additional six (6) months, the stay of suspension of the licensee’s licensure to practice contracting shall be lifted and the license shall remain in suspended status unless and until a further stay is granted by the Board, or the time period for probation, with the addition of six (6) months, expires. (e) Should the Board determine an appearance is unsatisfactory, the board may authorize the licensee to complete a 7-hour Business Practices course approved by the Board, in lieu of one unsatisfactory appearance. Should the licensee request this action, the licensee shall have 90 days from the date of appearance before the Board within which to complete the course. If the licensee fails to complete the course within the 90-day time period, the appearance will be deemed unsatisfactory and the provisions of paragraph (5)(d), shall apply. (f) Should the licensee’s licensure to practice contracting be placed on inactive status, the probation period shall be tolled and shall resume running at the time the licensee reactivates the license or returns to the active practice of contracting, and the licensee shall then serve the time remaining in the term of probation. (g) The licensee’s licensure to practice contracting shall be suspended for the period of probation, with the suspension stayed for the period of probation. The time of the suspension and the stay shall run concurrently with the period of probation, except as provided otherwise in the Final Order. If the licensee successfully completes probation, the suspension shall terminate. If the licensee fails to comply with the requirements set forth in this rule or in the Final Order imposed in this case, or fails to make satisfactory appearances as determined by the Board, the stay shall be lifted. Once the stay is lifted, the license shall remain in suspended status unless and until a further stay is granted by the Board, or the time period for probation expires. Rulemaking Authority 455.227(2), 489.108 FS. Law Implemented 455.227(2), 489.129(2), (6) FS. History–New 1-6-80, Amended 12-19-82, Formerly 21E-12.08, Amended 5-29-90, 7-21-92, Formerly 21E-12.008, Amended 8-21-95, 11-25-97, 7-17-01, 2-28-06, 4-8-18. 61G4-12.009 Fees. The following fees are prescribed by the Board: (1) Application for Certification by Examination; Refund. (a) The application and examination fee for an applicant for certification shall be three hundred thirty-five dollars ($335.00) and shall be nonrefundable. Said fee shall cover both the processing of the application for certification and the administration of the examination. The applicant will pay one hundred thirty-five dollars ($135.00) directly to the Department, or the Department’s examination development vendor upon scheduling of the tests that comprise the examination. The applicant will pay the Department, or the Department’s assigned vendor, eighty dollars ($80.00) to cover examination administration costs for each test administered. The applicant will pay the Department forty dollars ($40.00) for processing of the application after they have successfully passed the examination. The contract administration and project management tests are considered one test for fee assessment pursuant to this rule. (b) For an unsuccessful examinee or approved applicant who failed to appear at the examination, the fee for the next subsequent test, or both tests if necessary, shall be one hundred thirty-five dollars ($135.00) and paid directly to the Department, or the Department’s examination development vendor upon scheduling of the test(s). Eighty dollars (80.00) shall be paid to the Department, or the Department’s assigned vendor, for examination administration upon scheduling of each test to be administered. The fees shall be nonrefundable. (2) The application fee for registration shall be $100.00. (3) Biennial Renewal; Fees. (a) The biennial renewal fee for certification and registration shall be two hundred dollars ($200.00). (b) The biennial renewal for certification and registration on inactive status shall be fifty dollars ($50.00). (c) The biennial renewal for certification and registration where said licensees are building code administrators, plans examiners or inspectors certified pursuant to Part XII of Chapter 468, F.S., who are employed by a local government, and who are not allowed by the terms of such employment to maintain a certificate on active status, shall be fifty dollars ($50.00). (4) Initial License; Fees. (a) The initial certification or registration fee for registrants shall be two hundred dollars ($200.00). However, any initial certification or registration fee for registrants remitted within the second year of a biennium shall be one hundred dollars ($100.00). Said fee shall apply to the partial period only; all subsequent biennial renewal fees shall be in accordance with subsection (3), above. (b) The initial designation fee for financially responsible officers shall be two hundred dollars ($200.00). (5) The fee to transfer a license from one business entity to another shall be fifty ($50.00) dollars. (6) The application fee for reactivation of an inactive certification or registration shall be one hundred dollars ($100.00). (7) The fee for the review of an examination pursuant to the provisions of Chapters 455 and 489, F.S., shall be seventy-five dollars ($75.00). (8) The fee for a duplicate copy of a previously issued license shall be twenty-five dollars ($25.00). (9) The fee to transfer a registration or certification from active to inactive status shall be fifty ($50.00) dollars. (10) Certification and Registration of Business Organizations. (a) The application and initial issue of certification or registration for a business organization shall be fifty dollars ($50.00). (b) The biennial renewal fee for a certification or registration issued to a business organization shall be fifty dollars ($50.00). (11)(a) Pursuant to Section 455.271(7), F.S., the delinquency fee for certification or registration shall be twenty-five dollars ($25.00). (b) Pursuant to Section 455.271(7), F.S., the delinquency fee for qualified business organizations shall be twenty-five dollars ($25.00). (12)(a) Pursuant to Section 455.271(8), F.S., the fee for processing a licensee’s request to change licensure status at any time other than at the beginning of a licensure cycle shall be fifty ($50.00) dollars. (b) Pursuant to Section 455.271(8), F.S., the fee for processing a request for a change of status for a qualified business organization at any time other than at the beginning of a licensure cycle shall be fifty ($50.00) dollars. (13) The application fee for certification of a registered contractor pursuant to Section 489.118, F.S., shall be $100.00. (14) The fee for application to reinstate a null and void license is one hundred dollars ($100.00). Rulemaking Authority 455.213(2), 455.217(2), 455.219(1), 455.271(6), (8), 489.108, 489.109, 489.118 FS. Law Implemented 455.213(2), 455.217(2), 455.219(1), 455.271(6), (7), (8), 489.109 FS. History–New 10-1-79, Formerly 21E-12.01, Amended 1-6-80, 12-16-80, 3-15-81, 5-31-81, 11-14-82, 4-3-84, Formerly 21E-12.09, Amended 2-4-87, 1-26-88, 6-21-88, 9-19-88, 4-18-89, 5-23-89, 8-23-89, 5-29-90, 3-20-91, 12-21-92, 1-28-93, 7-14-93, Formerly 21E-12.009, Amended 7-18-94, 6-27-95, 8-29-95, 9-18-96, 2-4-98, 2-10-00, 2-6-03, 2-27-05, 11-8-06, 12-8-08, 10-30-17. 61G4-12.010 Probable Cause Panel. (1) The determination as to whether probable cause exists to believe that a violation of the provisions of Part I, Chapter 489, F.S., Chapter 455, F.S., or the rules promulgated thereunder, has occurred shall be made by a unanimous vote of the appropriate probable cause panel unless the probable cause determination is made by the Department pursuant to subsection (7). (2) There shall be two probable cause panels. One panel shall be composed of two members of Division I of the Construction Industry Licensing Board, and shall be authorized to take action on any matter under the jurisdiction of Division I. The other panel shall be composed of two members of Division II of the Construction Industry Licensing Board and shall be authorized to take action on any matter under the jurisdiction of Division II. (3) The consumer member or building official member may fill one of the two appointments to each panel. One member of each panel may be a past board member, provided that if the past member is a contractor, that member holds an active valid license. (4) The probable cause panels shall meet at such times as called by the Chairperson of the Construction Industry Licensing Board. (5) The probable cause panel members shall be selected by the Chairperson. The Chairperson shall also appoint a member of each Division to serve as an alternate member of each panel. The alternate member shall serve on the panel only in the event that a quorum is not present at a meeting of the probable cause panel. (6) The Board hereby delegates to the Department authority to close any case when there is no probable cause. For the purposes of oversight by the Board, the Department’s legal section shall, on a monthly basis, provide the Chairperson or the Chairperson’s delegee with copies of all closing orders filed in the preceding period. (7) The Department may make the determination as to probable cause for any case it investigates or may defer such determination to the Board’s probable cause panel. In case where the Department defers the determination of probable cause to the expertise of the Board’s probable cause panel the Department will not further exercise the determination of probable cause as to that case or as to any other case arising out of the same transaction or occurrence. Rather, the Department will continue to defer the probable cause determinations and/or dismissal decisions over the respective case to the Board’s probable cause panel. Rulemaking Authority 455.225 FS. Law Implemented 455.225(4) FS. History–New 10-18-79, Formerly 21E-1.41, Amended 1-6-80, 5-11-80, Formerly 21E-12.10, Amended 4-12-88, 12-21-92, Formerly 21E-12.010, Amended 11-25-97, 11-29-99, 11-3-19. 61G4-12.011 Definitions. (1) For purposes of Section 489.105(3)(b), F.S., the term “story” is defined to mean that portion of a building included between the upper surface of a floor or average grade, finished or unfinished, open or enclosed, and the upper surface of the floor or roof next above and having a minimum clear height of seven (7) feet or more. (2) For purposes of the exemption provided by Section 489.103(9), F.S., activities which are not casual, minor, or inconsequential, include, but are not limited to, any work affecting structural components, any work involving use of toxic or hazardous chemicals or substances, any work affecting access or egress to a structure, any work affecting accommodations for the physically disabled, any work for which a building permit is required and any work affecting life-safety matters as defined in the applicable building code. (3) The terms “advertise” and “advertises” shall apply to business cards, business proposals, contracts, construction site signs, all newspapers, airwave transmission (other than internal company communications), any electronic media including Internet sites, phone directory, and other media including handbills, billboards, flyers, shopping and service guides (coupon offerings), magazines (including trade associations publications), classified advertisements, manufacturer’s “authorized dealer” listings, and signs on vehicles. They shall not apply to balloons, pencils, pens, hats, articles of clothing, shirts, or other promotional novelties. Neither shall the terms apply to any single line phone directory listing; nor to free phone directory listings (regardless of page color) of one, two or three lines, which display nothing more than the proper name, company name, address, and telephone numbers in whole and in part in an unbolded or unhighlighted print or without further textual or pictorial elaboration or touting in its overall display. (4) Main Sanitary Sewer Collection System: That part of a sewer system starting at the end of the building sewer and extending through and including the treatment plant whether the system is public or private, including any conveyance of sewage under pressure, and pumping facilities. The only exception to this definition are one, two, three or four family structures; in these structures the Main Sanitary Sewer Collection System begins at the lot line and extends through and includes the sewer treatment facilities. (5) Building Drain: That part of the lowest piping of a drainage system which receives the discharge from soil pipe, waste pipe and other drainage pipes inside the perimeter walls of the building and conveys it to the building sewer 5 feet outside the building’s exterior wall. (6) Building Sewer: That part of the horizontal piping of a drainage system which extends from the end of the building drain and which receives the discharge of the building drain and conveys it to a public sewer, private sewer, individual sewage-disposal system or to any other point of disposal. (7) Main Water Distribution System: The water service line, water distribution systems and all appurtenances on public or private property which shall terminate no closer than 5 feet from a building or at the secondary meter whichever is further from the building. For the purpose of this definition master site meters and backflow preventers shall not constitute the secondary meter nor shall they be the contractor’s point of work termination. One, two, three and four family structures shall have their Main Water Distribution System terminate at the meter. (8) Storm Sewer System: The collection, conveyance and disposal of rain water from public or private property to the storm sewer system at a structure or other point of connection. (9) “Services incidental thereto” shall for the purpose of Section 489.103(1), F.S., only, mean all work on bridges, roads, streets, highways, and railroads except building construction and those subcontractor categories, defined in Sections 489.105(3)(d)-(q), F.S. However, notwithstanding the previous provision, services incidental thereto specifically includes storm drainage and excavation work necessary for the construction of bridges, roads, streets, highways, and railroads; and includes directly contracting with a governmental entity for work on bridges, roads, street, highways, and railroads when any building construction included in the contract is subcontracted to a contractor appropriately licensed under Chapter 489, Part I, F.S., to perform building construction or those subcontractor categories defined in Sections 489.105(3)(d)-(q), F.S., and such building construction does not constitute more than fifty (50) percent of the total contract amount. (10) A “credit report from a nationally recognized credit agency that reflects the financial responsibility of the applicant, certificateholder or registrant” shall, for the purposes of Section 489.115(7), F.S., mean a current consumer credit report that provides a current consumer credit score derived from the Fair Isaac Corporation’s (FICO) scoring method and: (a) Payment history; (b) Credit rating; (c) Public filings in county, state and federal courts; (d) Bankruptcies, business history, suits, liens, and judgments, all on a nationwide basis; (11) A “nationally recognized credit agency” shall mean a credit agency that: (a) Obtains credit information both within and outside the State of Florida; (b) Validates, updates, and maintains the accuracy of credit information obtained; and, (c) Obtains credit reports from at least two (2) credit bureaus. (12) “Current mailing address” and “current address of record” shall mean the address at which the United States Postal Service delivers mail to the licensee. (13) System: As it pertains to central air conditioning, refrigerating, heating and ventilating systems, pursuant to Sections 489.105(3)(f), (g), (h), F.S., the term “system” is defined as starting at the distribution and return air grills and ending at the HVAC (heating, ventilating, or air conditioning) unit, including all duct work in connection therewith. The replacement of filters shall not constitute the partial disassembly of the system. (14) “Services” for purposes of sanitary sewer collection systems, main water distribution systems, storm sewer collection systems and utility lines as defined in Section 489.105(3)(n), F.S., shall include, the construction, installation, and repair of vertical improvements above grade, such as headwalls, end-walls, and retaining walls. Vertical improvements shall not exceed twenty feet in elevation above grade and vertical improvements below grade shall not be restricted. In addition, vertical improvements above grade shall also include structures designed to house pumps, lift stations, or other related equipment. In no case should said structures exceed 500 square feet. (15) Installation or repair: Pursuant to Sections 489.105(3)(j), (k), (l), F.S., the term “installation or repair” of pool/spa equipment, as it pertains to swimming pool and spa electrical work, is defined as inclusive of installation, replacement, disconnection or reconnection of power wiring on the load side of the dedicated existing electrical disconnecting means. If installation, removal, replacement, or upgrading of this circuit is necessary, the work shall be performed by a licensed electrical contractor only. Nothing in this paragraph shall be deemed to restrict or limit in any manner the scope of work authorized by law of other contractor classifications, or other professions. (16) The term “Florida Building Code” shall mean the Florida Building Code, 7th Edition, (2020), adopted by the Florida Building Commission through Rule 61G20-1.001, F.A.C., effective 1-3-23, which rule is incorporated herein by reference and which may be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-15127. This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 489.103(1), 489.103(5), 489.105(3), 489.108, 489.113(3) FS. Law Implemented 489.103(1), 489.103(5), 489.105(3), 489.113(3), (5), 489.115(7), 489.119(5) FS. History–New 9-16-80, Formerly 21E-12.11, Amended 1-1-89, 4-18-89, 7-4-89, 4-22-90, 7-3-91, 12-21-92, Formerly 21E-12.011, Amended 11-4-93, 11-22-94, 10-10-95, 4-29-96, 9-18-96, 12-3-96, 11-25-97, Amended 10-4-99, 2-12-08, 11-9-08, 4-4-13, 5-24-17, 1-10-18, 5-16-23. 61G4-12.012 Criteria for Selection of Investigators. Rulemaking Authority 455.203 FS. Law Implemented 455.203 FS. History–New 10-14-81, Formerly 21E-12.12, 21E-12.012, Repealed 11-25-97. 61G4-12.013 License Fees Paid by Check Returned Due to Insufficient Funds. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 9-15-82, Formerly 21E-12.13, 21E-12.013, Repealed 11-25-97. 61G4-12.014 Final Orders. Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(1) FS. History–New 9-15-82, Formerly 21E-12.14, 21E-12.014, Amended 2-6-96, Repealed 11-25-97. 61G4-12.015 Officers. Rulemaking Authority 120.53 FS. Law Implemented 120.53, 455.207 FS. History–New 6-6-83, Formerly 21E-12.15, Amended 10-30-88, Formerly 21E-12.015, Repealed 11-25-97. 61G4-12.016 Exemption; Practice of Engineering. A contractor licensed under Chapter 489, Part I, F.S., is exempted from licensure as an engineer pursuant to the terms of Section 471.003(2)(h), F.S., only when he installs the system he designs. Violation of this rule will be considered a violation of Section 489.129(1)(m), F.S. Rulemaking Authority 489.129(3) FS. Law Implemented 471.003, 489.113, 489.115, 489.129 FS. History–New 4-3-84, Formerly 21E-12.16, 21E-12.016. 61G4-12.017 Reinstatement and Relicensure. (1) The Board may deny certification or registration to a contractor who has violated any of the provisions of Section 489.129(1), F.S. (2) The Board will not reinstate the certification or registration, nor issue a new certificate or registration, of a contractor whose license has been suspended unless proof is shown that all requirements (including fines) imposed in any final order against the contractor have been met. (3)(a) The Board will not relicense a contractor whose certification or registration has been revoked or voluntarily relinquished until appropriate rehabilitation (to include restitution if suitable) has been shown. All provisions of any final orders entered against the contractor must be complied with. (b) The Board will not relicense a contractor whose certification has been revoked or voluntarily relinquished unless he passes the current licensing examination and meets all other requirements for certification. (c) The Board will not accept for registration the license of an individual whose license has previously been revoked or voluntarily relinquished, unless the jurisdiction requesting registration requires the individual to meet all current requirements to demonstrate competency, including examination, if required of other new registrants. (d) Any person whose license has previouly been revoked or voluntarily relinquished for any reason must appear before the Board and gain approval prior to being allowed to seek recertification through the examination, or registration in a jurisdiction. (4) Any licensee who answers “yes” to any question contained in the Financial Responsibility section of the Application for Change of Status that is construction related must supply a complete explanation of the response, and include a statement detailing the steps taken by the licensee to prevent a recurrence of the circumstances leading to the conviction, discipline, judgment, bankruptcy, or other event leading to the response. Rulemaking Authority 489.108 FS. Law Implemented 489.111, 489.113, 489.115, 489.117, 489.129 FS. History–New 8-12-84, Formerly 21E-12.17, Amended 5-29-88, 8-8-88, 12-21-92, 3-24-93, Formerly 21E-12.017, Amended 11-4-93, 11-20-06. 61G4-12.018 Notification of Investigative and Prosecutorial Costs. Rulemaking Authority 489.108, 489.129(1) FS. Law Implemented 489.129(1) FS. History–New 5-29-90, Formerly 21E-12.018, Repealed 12-30-15. 61G4-12.019 Exemption from Renewal Requirements for Spouses of Members of the Armed Forces of the United States. Spouses of members of the Armed Forces of the United States are exempt from licensure renewal provisions, but only in cases of absence from the state because of their spouses’ duties with the Armed Forces. Copies of the military orders requiring the change in duty station must be sent to the Board office in order to qualify for the exemption. Upon receipt of the military orders by the Board office confirming exemption eligibility, the spouse’s license will be placed on inactive status with no fee required. Reactivation of the inactive license will not require payment of the fee set forth in subsection 61G4-12.009(6), F.A.C. The license will remain in inactive status for up to two renewal cycles at which time the licensee must either renew this exemption, before expiration, by submitting a current set of orders establishing eligibility for the exemption or reactivate the license. The licensee may reactivate the license by submitting an application for change of status from inactive to active and will not be required to pay the fee set forth in paragraph 61G4-12.009(12)(a), F.A.C., nor be required to comply with any rules setting conditions for reactivation of licensure, including continuing education requirements imposed by Section 455.271(10), F.S. If a license is not reactivated nor the exemption renewed by the expiration date, the license shall become delinquent. Reactivation of the delinquent license will not require payment of the fee set forth in paragraph 61G4-12.009(11)(b), F.A.C. Rulemaking Authority 455.02(2) FS. Law Implemented 455.02(2) FS. History–New 7-1-01. 61G4-12.020 Fee to Enforce Unlicensed Activity. Rulemaking Authority 455.2281 FS. Law Implemented 455.2281 FS. History–New 8-11-93, Repealed 11-25-97.

Chapter 61G4-14 MEETINGS AND WORKSHOPS

Fla. Admin. Code R. 61G4-14 MEETINGS AND WORKSHOPS

CHAPTER 61G4-14 MEETINGS AND WORKSHOPS 61G4-14.004 Unexcused Absences 61G4-14.004 Unexcused Absences. Unexcused absences shall include any absence other than: one caused by illness of a member preventing attendance; death or illness of a family member preventing attendance; unavoidable travel delays or cancellations preventing attendance; or any conflict, extraordinary circumstances or event approved by the chairperson of the board. A board member shall be considered absent from a meeting unless the member attends both the final action and general session portions of the meeting. Members shall communicate the reason for any absence to the Executive Director and Chairperson 48 hours prior to the meeting unless circumstances dictate otherwise and the reason for the absence shall be made part of the minutes of that meeting. Specific Authority 455.207, 489.108 FS. Law Implemented 455.207 FS. History–New 7-19-95, Amended 11-13-97.

Chapter 61G4-15 CERTIFICATION AND REGISTRATION

Fla. Admin. Code R. 61G4-15 CERTIFICATION AND REGISTRATION

CHAPTER 61G4-15 CERTIFICATION AND REGISTRATION 61G4-15.001 Qualification for Certification 61G4-15.002 Statement of Authority 61G4-15.0021 Business Organizations 61G4-15.0022 Qualification of Joint Ventures 61G4-15.0024 Supervision of Business Entities 61G4-15.003 Public Liability Insurance 61G4-15.004 Certification by Endorsement: Examination Equivalency 61G4-15.005 Requirements for Certification and Registration (Repealed) 61G4-15.0055 Job Scopes for Registered Licensure Categories (Repealed) 61G4-15.006 Financial Responsibility and Financial Stability, Grounds for Denial 61G4-15.007 Notification of Changes 61G4-15.008 False Statements (Repealed) 61G4-15.009 Replacement of Qualifying Persons (Repealed) 61G4-15.010 Requirements for Applicant Seeking Administration of Oral Examination (Repealed) 61G4-15.012 Certification of Rooftop Solar Heating Installation Specialty Contractors 61G4-15.014 Violation of Final Orders (Repealed) 61G4-15.015 Certification of Specialty Structure Contractors 61G4-15.017 Certification of Gypsum Drywall Specialty Contractors (Repealed) 61G4-15.018 Certification of Glass and Glazing Specialty Contractors (Repealed) 61G4-15.021 Minor Work Incidental to the Installation of Residential Solar Energy Equipment 61G4-15.026 Certification of Gas Line Specialty Contractors (Repealed) 61G4-15.027 Pollutant Storage System Specialty Contractors 61G4-15.028 Precision Tank Testers 61G4-15.029 Tank Lining Applicators 61G4-15.030 Certification of Registered Contractors 61G4-15.031 Medical Gas Certification 61G4-15.032 Certification of Swimming Pool Specialty Contractors 61G4-15.033 Certification of Marine Specialty Contractors (Repealed) 61G4-15.034 Certification of Tower Specialty Contractors (Repealed) 61G4-15.035 Certification of Irrigation Specialty Contractors (Repealed) 61G4-15.038 Certification of Building Demolition Specialty Contractors (Repealed) 61G4-15.039 Certification of Industrial Facility Specialty Contractors (Repealed) 61G4-15.040 Certification of Residential Pool/Spa Servicing Specialty Contractors (Repealed) 61G4-15.100 Certified Specialty Contractors 61G4-15.001 Qualification for Certification. (1)(a) An applicant for certification must, as a precondition thereto, submit proof that the applicant meets the eligibility requirements set forth in section 489.111(2)(c), F.S., for the particular category in which the applicant seeks to qualify. The Board will accept lawfully acquired experience gained under the supervision of a contractor, who, at the time was properly licensed in the applied for category or a category which encompasses the full scope of practice in which the applicant is seeking licensure. (b) Such experience from outside jurisdictions will be accepted toward the category for which the applicant has applied so long as the experience complies with section 489.105, F.S. However, experience acquired by providing services that are exemptions as established in section 489.103, F.S., will not be accepted. (2)(a) In the case of applicants for certification in the general or building contractor categories, the phrases “active experience” and “proven experience” as used in section 489.111(2)(c)1., 2., or 3., F.S., shall be defined to mean commercial construction experience involving construction, erection, alteration, or modification of buildings and structures with any use and occupancy classification except storage, utility, and miscellaneous structures of an accessory character including but not limited to agricultural buildings, aircraft hangers, barns, carports, garages, sheds, silos, tanks, towers, and any work exempted pursuant to section 489.103, F.S. Commercial experience must be in four or more of the following areas:

1. Foundations or Slabs in excess of twenty thousand (20,000) square feet.
2. Masonry walls.
3. Steel erection.
4. Elevated slabs.
5. Column erection.
6. Formwork for structural reinforced concrete. (b) An applicant (other than those contractors designated in sections 489.111(2)(c)4.b. and c., F.S.) for certification in the general contractor classification must submit proof that she or he possesses at least one year of “active experience” or “proven experience” as defined above in the construction of structures not less than four stories in height. (c) For the purposes of this rule the term “story” is defined at rule 61G4-12.011(1), F.A.C., which is accessible at grade, or through a staircase landing or elevator stop and contains space in which humans may safely work or live in reasonable comfort. (3) In the case of applicants for certification in the residential contractor category, the phrases “active experience” and “proven experience” as used in section 489.111(2)(c)1., 2., or 3., F.S., shall be defined to mean construction experience involving construction, alteration, enlargement, or repair of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress. Experience must be in three or more of the following areas: (a) Foundation/Slabs/Structural Formwork. (b) Masonry walls. (c) Structural Demolition. (d) Structural wood framing (including trusses and excluding platform framing). (e) Column erection. (4) In the case of applicants for certification under the standard set forth in section 489.111(2)(c)1., F.S., the baccalaureate degrees in building construction, architecture, or engineering which are considered to be appropriate to the particular classification for which certification is sought shall be as follows: (a) General, Building, and Residential Classifications: Civil Engineering; Building Construction; or Architecture. (b) Sheet Metal; Class A and B Air Conditioning; Residential Solar Water Heating; Mechanical Classifications: Mechanical Engineering. (c) Plumbing Classification: Mechanical Engineering or Sanitary Engineering. (d) Commercial, Residential, and Servicing Pool Classifications: Building Construction or Civil Engineering. (e) Underground Utility Classification: Building Construction; Civil or Mechanical Engineering. (5) As an alternative to the experience required under sections 489.111(2)(c)1.-3., F.S., an applicant for certification as a swimming pool/spa servicing contractor must submit proof that the applicant meets the requirements of section 489.111(2)(c)6.d., F.S., by demonstrating one year of proven experience related to the scope of work of a swimming pool/spa servicing contractor as defined in section 489.105(3)(l), F.S., performed under the supervision of a certified or registered commercial pool/spa, residential pool/spa, or pool/spa servicing contractor, and demonstrating satisfactory completion of a sixty-hour course of instruction, approved by the Board pursuant to Rule 61G4-18.004, F.A.C., and conducted by a course provider registered pursuant to Rule 61G4-18.003, F.A.C., that consists of the following: (a) One (1) hour each of instruction covering workers’ compensation insurance, workplace safety, contracting business practices, and the pool safety equipment provisions of Chapter 515, F.S., and the Florida Building Code; (b) Sixteen (16) hours of instruction consisting of the Certified Pool Operator Course of the National Swimming Pool Foundation or a substantially equivalent course. Training courses approved by the Department of Health pursuant to Rule 64E-9.018, F.A.C., shall be deemed substantially equivalent courses; and (c) Forty (40) hours of instruction utilizing curriculum from any Nationally recognized swimming pool association, or substantially equivalent materials, and including instruction on the following topics: Structures – Pool Structures & Finishes; Spa & Hot Tub Structures, Finishes & Equipment Packs; Circulation System – Circulation & Piping; Hydraulics – Pumps, Pump Motors & Air Blowers, Filters, Heaters, Chemical Feeders & Generators; Chemistry – Chemical Safety, Water Testing & Water Treatment; Water Treatment – Chlorine; Water Treatment – Other; Water Balance; Electrical System – Basic Electricity, Safety Requirements & Pool/Spa Electrical Equipment, Lighting, Controls, Controllers & Control Systems; Maintenance – Routine Maintenance, Season & Special Care, Covers; and Dewatering. Rulemaking Authority 489.108 FS. Law Implemented 489.111 FS. History–New 1-6-80, Amended 12-16-80, 6-30-82, 4-11-83, Formerly 21E-15.01, Amended 12-11-90, 8-21-91, 4-16-92, Formerly 21E-15.001, Amended 7-18-94, 12-16-01, 2-6-03, 6-23-04, 1-15-07, 6-19-07, 11-26-08, 4-22-12, 1-5-17, 9-30-19, 5-16-24. 61G4-15.002 Statement of Authority. Any person applying for the issuance of a certificate or registration to engage in contracting in other than an individual capacity, or any registrant or certificate holder applying to qualify a partnership, corporation, business trust or other legal business organization shall furnish as part of the application a statement that the applicant is legally qualified to act for the business organization in all matters connected with its contracting business and that the applicant has authority to supervise construction undertaken by such business organization as the organization’s primary qualifying agent. (1) If the business organization is a partnership, such statement shall be signed by all partners or, in the event of a limited partnership, by the general partners. (2) If the business organization is a corporation, such statement shall either be contained in a copy of the official minutes of that corporation, certified and attested to by its secretary, or be signed by such other persons as will legally bind that business organization. (3) If the business organization is a business trust, joint venture or any other legal business organization, such statement shall be signed by the trustees, or by such other persons as will legally bind that business organization. (4) If the application is for initial qualification of a business organization, and the organization is applying for approval of a financially responsible officer, the applications shall be simultaneously filed. Rulemaking Authority 489.108 FS. Law Implemented 489.105(4), 489.119, 489.1195 FS. History–New 1-6-80, Formerly 21E-15.02, 21E-15.002, Amended 7-18-94, 8-23-01, 6-26-24. 61G4-15.0021 Business Organizations. (1) For purposes of this rule practice as an individual is considered practice as a business organization. After the licensee qualifies one business organization, any request to qualify another business organization is subject to approval by the Board. (2) If the business organization has a financially responsible officer, the financially responsible officer shall comply with the requirement of subsection 61G4-15.006(1), F.A.C., and shall provide to the Department a bond or irrevocable letter of credit, in the amount of $100,000 payable to the Board for fines and costs. (3)(a) The applicant seeking to qualify an additional business organization must appear before the Board unless the applicant qualifies for approval pursuant to s. 489.119, F.S., and:
7. The applicant owns 20% or greater of the proposed business organization; or
8. The applicant demonstrates that the applicant has been hired as a W-2 employee of the proposed business. (b) Any applicant applying to qualify an additional business organization that will result in the applicant qualifying three or more business organizations must appear before the Board, unless:
9. The applicant is applying to qualify their third business; and
10. The applicant demonstrates owning 20% or more of all three businesses to be qualified by submitting stock certificates or operating agreements for each business. (4) Qualification of a business organization is only effective as to that business organization; subsidiaries or parents of qualified business organizations must be separately qualified. Rulemaking Authority 489.108 FS. Law Implemented 489.103, 489.105, 489.115, 489.119, 489.1195 FS. History–New 12-6-83, Formerly 21E-15.021, Amended 3-29-88, 8-8-88, 9-24-92, 12-28-92, Formerly 21E-15.0021, Amended 7-18-94, 7-5-95, 11-12-95, 2-6-96, 7-1-96, 9-3-96, 11-27-96, 11-13-97, 9-15-98, 7-7-05, 1-23-06, 10-22-06, 2-12-08, 12-13-09, 2-28-19, 10-2-19, 4-13-22, 12-23-25. 61G4-15.0022 Qualification of Joint Ventures. (1) These rules do not prohibit a properly qualified business organization from participating in a joint venture with business organizations which are not qualified; however, only a properly qualified business organization may engage in contracting as defined in Sections 489.105(3) and (6), F.S. A joint venture, including a joint venture composed of qualified business organizations, is itself a separate and distinct business organization which must be qualified as provided herein. (2) A joint venture, one or more of whose participants are not licensed contractors under Chapter 489, Part I, F.S., may submit a bid on a construction project under the following circumstances: (a) There must be a written joint venture agreement. (b) One of the joint venturers must be a business entity properly qualified by a licensed contractor. (c) Each participant must sign a statement of authority (as set out in Rule 61G4-15.002, F.A.C.) giving the licensed contractor full authority to conduct the contracting business of the participant. (d) Copies of the joint venture agreement and statements of authority must be received and approved by the Board Office prior to the time of the bid. (e) If the joint venture is awarded the contract, the licensed contractor must qualify the joint venture within ninty (90) days. (3) If the joint venture is a limited partnership, the qualifying business organization or individual must be a general partner of the joint venture. Rulemaking Authority 489.119 FS. Law Implemented 489.105(3), (6), 489.119 FS. History–New 5-7-84, Amended 8-12-84, Formerly 21E-15.022, 21E-15.0022, Amended 7-18-94, 12-13-09. 61G4-15.0024 Supervision of Business Entities. Documentation of one or more of the following factors in an application to qualify a business entity will demonstrate to the Board, absent evidence to the contrary, that an applicant possesses the ability to properly supervise the proposed additional business entity for purposes of the application: (1) The applicant to qualify an additional business owns 20% or more of the business to be qualified; (2) The applicant to qualify an additional business is a W2 employee of the business to be qualified; or (3) A joint venture agreement or an employment agreement between the applicant and the business organization which expressly establishes the means and methods utilized by the applicant to ensure control over the construction work of the proposed additional entity. Rulemaking Authority 489.108, 489.119 FS Law Implemented 489.119 FS History–New 5-2-12, Amended 5-5-24. 61G4-15.003 Public Liability Insurance. (1) As a prerequisite to the initial issuance, or the renewal of an active certificate or registration or a change in the status of an active certificate or registration, the applicant shall submit a signed affidavit attesting to the fact that the applicant has obtained and will maintain public liability and property damage insurance, in the amounts stated herein for the life of an active certificate or registration and for the safety and welfare of the public. It shall be a violation of this rule for any licensee to fail to continually maintain liability and property damage insurance in amounts set forth herein. (2) To verify the accuracy of the signed affidavit, the Board will, from time to time, conduct random sample audits of licensees by zip code area in which the total number of certificates and registrations selected for audit will be in a sufficient amount to insure the validity of the audit. Upon written request by the Board, each selected licensee shall, within thirty days of mailing of request to the licensee, by the Board office, by certified mail, submit proof of coverage, in the form of an original Certificate of Insurance, if available, or in the alternative, a certified copy of the Certificate of Insurance on file with the building department for the period being audited or a copy of the insurance policy in force for the period being audited showing that the licensee had obtained the proper amount of public liability and property damage insurance and that the proper coverage has been continually maintained since the time of the last license renewal. The Certificate of Insurance shall be prepared by an insurance agency and must contain the following information to meet the requirements of the Board: (a) Date that the Certificate of Insurance was issued. (b) Name of Insurance Agent. (c) Name of Insured must reflect the exact name of the business organization qualified by the applicant, and the insured’s fictitious name or d/b/a, if any. (d) Name of Insurance Company. (e) Policy number must be on the Certificate. (f) Effective date of policy. (g) Expiration date of policy. (h) Proper aggregate amount of public liability and property damage as defined below:

Liability Property Damage

General Contractor $300,000 $50,000

Building Contractor 300,000 50,000

Residential Contractor 100,000 25,000

Sheet Metal Contractor 100,000 25,000

Air Conditioning 100,000 25,000

Contractor

Roofing Contractor 100,000 25,000

Mechanical Contractor 100,000 25,000

Pool Contractor 100,000 25,000

Plumbing Contractor 100,000 25,000

Underground Utility and 100,000 25,000

Excavation Contractor

Solar Contractor 100,000 25,000

Pollutant Storage System 100,000 25,000

Specialty Contractor

Specialty Contractors, Unless specified otherwise 100,000 25,000

(i) Certificate holder must be the State of Florida, Department of Business and Professional Regulation, the Construction Industry Licensing Board. (j) The cancellation notice shall stipulate that, should the public liability and property damage coverage, described above, be cancelled before the expiration date thereof, the issuing company will mail a thirty day written notice to the Certificate Holder named on this Certificate. (k) The agent’s signature. (l) The licensee’s correct license number. (3) The insurance shall, at all times, be carried in the name of the licensee. (4) The applicant will submit a Certificate of Insurance only when requested by this Board and within the specified time period set forth in the Board’s request. (5) Failure to comply with the Board’s request to submit proof of coverage, which meets the requirements of the Board, will be a violation of this rule. Rulemaking Authority 489.108, 489.115(5), 489.129(3) FS. Law Implemented 489.115(5) FS. History–New 1-10-80, Amended 9-15-82, Formerly 21E-15.03, Amended 1-26-88, 1-1-89, 5-23-89, 6-5-90, Formerly 21E-15.003, Amended 7-18-94, 1-10-95, 2-6-96, 11-13-03, 11-7-05, 11-15-07. 61G4-15.004 Certification by Endorsement: Examination Equivalency. An applicant for certification by endorsement as a certified general contractor, certified building contractor, or certified residential contractor is considered to meet the requirement of having taken an examination of substantial equivalency, pursuant to Section 489.115(3)(a), F.S., by completing the items below: (1) Provide evidence of successfully passing the 2009-2018 or like version of The Commercial General Building Contractors examination of the National Association of State Contractors Licensing Agencies; and (2) Take and successfully pass or provide evidence of having passed The Business and Finance examination pursuant to subsection 61G4-16.001(22), F.A.C.; and (3) Provide verification of having taken and passed any proctored examination covering the Florida Building Code administered by or through the Department. Rulemaking Authority 489.108, 489.115(3) FS. Law Implemented 489.115(3) FS. History–New 1-10-80, Formerly 21E-15.04, 21E-15.004, Amended 7-18-94, 11-13-97, 3-10-19. 61G4-15.005 Requirements for Certification and Registration. Rulemaking 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 9-16-07. 61G4-15.0055 Job Scopes for Registered Licensure Categories. Rulemaking Authority 489.117(5) FS. Law Implemented 489.117(5) FS. History–New 8-2-00, Repealed 1-7-16. 61G4-15.006 Financial Responsibility and Financial Stability, Grounds for Denial. (1) The financial responsibility ground on which the Board shall refuse to qualify an applicant is failure to provide a current consumer credit report, as defined in Rule 61G4-12.011, F.A.C., which consumer credit report does not disclose any unsatisfied judgments or liens against the applicant. In addition, there must not be any unsatisfied judgments or liens against the business entity which the applicant previously qualified as a primary qualifier or which the applicant has applied to qualify. (2) The financial stability ground on which the Board shall refuse to qualify an applicant is as follows: (a) Failure to provide proof of a credit score, FICO derived, of 660 or higher. (b) Applicants who are unable to provide a credit score, FICO derived, of 660 or higher, shall meet the financial stability requirement by completion of a 14-hour financial responsibility course approved by the Board. (3) An applicant may meet both the financial responsibility and financial stability requirements by providing proof of a current consumer credit report, as defined in Rule 61G4-12.011, F.A.C, with a credit score, FICO derived, of 660 or higher, which consumer credit report does not disclose any unsatisfied judgments or liens against the applicant. In addition, there must not be any unsatisfied judgments or liens against the business entity which the applicant previously qualified as a primary qualifier or which the applicant has applied to qualify. Rulemaking Authority 489.115(5) FS. Law Implemented 489.115(5), (7) FS. History–New 1-6-80, Amended 5-4-80, Formerly 21E-15.06, 21E-15.006, Amended 10-31-96, 11-13-97, 2-12-08, 4-13-22, 5-5-24. 61G4-15.007 Notification of Changes. (1) A certificate holder or registrant shall notify the Board Office within thirty (30) days of a change in name style or address from that which appears on the current certificate of registration and shall notify the Board Office within thirty (30) days after the qualifying person has ceased to be affiliated with the qualified business organization. (2) A certificateholder or registrant must inform the Board, by mail, within forty-five calendar days, of changes in any information required to be stated on the application for qualification of a business organization. (3) Failure to report the information required by this rule shall result in disciplinary action. Rulemaking Authority 489.129(3) FS. Law Implemented 489.124(2), 489.129(3) FS. History–New 1-6-80, Formerly 21E-15.07, Amended 4-16-92, Formerly 21E-15.007, Amended 7-18-94, 11-13-97. 61G4-15.008 False Statements. Rulemaking Authority 489.129(3) FS. Law Implemented 489.129(3) FS. History–New 1-6-80, Formerly 21E-15.08, 21E-15.008, Amended 7-18-94, 11-13-97, Repealed 2-27-12. 61G4-15.009 Replacement of Qualifying Persons. Rulemaking Authority 489.129(3) FS. Law Implemented 489.119(3)(a) FS. History–New 1-6-80, Formerly 21E-15.09, 21E-15.009, Amended 7-18-94, Repealed 5-5-24. 61G4-15.010 Requirements for Applicant Seeking Administration of Oral Examination. Rulemaking Authority 489.113(7) FS. Law Implemented 489.113(7), 489.115(4), (5) FS. History–New 1-6-80, Formerly 21E-15.10, 21E-15.010, Repealed 1-7-16. 61G4-15.012 Certification of Rooftop Solar Heating Installation Specialty Contractors. (1) Scope of Rule. The purpose of this rule is to provide for the certification of rooftop solar heating installation contractors, formally known as residential solar heating specialty contractors. (2) Definition. A rooftop solar heating installation contractor is a specialty contractor whose contracting business consists of the execution of contracts requiring the skill, knowledge, ability and experience to size, install, alter, repair, maintain, relocate, replace, or use residential domestic potable solar water heating systems to include solar heating panels and all appurtenances, apparatus or equipment used in connection therewith. The scope of work of such contractor is limited to solar domestic hot water systems for one-family, two-family, or three-family residences, not exceeding two stories in height and solar swimming pool heaters for residential swimming pools. Such contractor may tie into the existing pool pump or other equipment, but may not install, alter, repair, maintain, relocate, or replace any pool equipment, including but not limited to the pool pump. The residential solar water heating contractor must subcontract any work for which a local certificate of competency is required unless such contractor is state certified in the respective trade category or is licensed in such category by the appropriate local authority. Nothing in this rule shall be deemed to restrict or limit in any manner the legal authority of certified mechanical contractors, certified Class A and B air conditioning contractors, or certified plumbing contractors to install residential solar water heating systems. (3) Certification Procedures. (a) Qualifications.

1. Any person who desires to become a certified residential solar water heating contractor shall apply to the Construction Industry Licensing Board of the Department of Business and Professional Regulation in writing to take the certification examination.
2. A person shall be entitled to take the certification examination if the person:
   1. Is eighteen (18) years of age;
   2. Is of good moral character; and
   3. Meets eligibility requirements according to one of the criteria established in section 489.111(2)(c)1., 2., or 3., F.S.
   (b) Other Certification Procedures and Fees. Other certification procedures and fees for rooftop solar heating installation specialty contractors shall be the same as those provided for the certification of other contractors as defined in Part I, Chapter 489, F.S. The amount of liability insurance required for rooftop solar heating installation specialty contractors shall be as follows: $100,000 public liability insurance and $25,000 property damage insurance. (4)(a) All Residential Solar Water Heating Specialty Contractors whose certification or registration was issued pursuant to this part and is valid on July 1, 1994 shall be able to renew and otherwise continue business as is set forth in Chapter 489, F.S., and this part. No person not previously certified or registered as a Residential Solar Water Heating Specialty Contractor as of July 1, 1994, shall be certified or registered after July 1, 1994. However, the board shall continue to license and regulate those contractors who held said licenses in good standing prior to July 1, 1994. (b) Only solar contractors who meet the qualifications for certification as set forth at section 489.105(3)(o), F.S., and Rule 61G4-15.012, F.A.C., may lawfully contract after July 1, 1994. (c) Any contractor certified pursuant to this rule who has maintained his license in good standing, and who has not been disciplined by the Board, will not be required to sit for the business portion of the Solar Contractor Certification examination. (5) Any person holding a Residential Solar Water Heating Specialty Contractor license shall continue to practice as a Rooftop Solar Heating Installation Specialty Contractor and shall not be required to reapply until such time as their license is renewed in the usual course of business. Rulemaking Authority 455.217(1), 489.105(3)(q), 489.113(6), 489.115(4) FS. Law Implemented 455.217(1), 489.105(3)(q), 489.113(6), 489.115(4) FS. History– New 10-8-81, Formerly 21E-15.12, Amended 6-1-88, 4-20-93, Formerly 21E-15.012, Amended 11-13-97, 5-5-24. 61G4-15.014 Violation of Final Orders. Rulemaking Authority 489.129(3) FS. Law Implemented 489.129(3) FS. History–New 2-7-83, Formerly 21E-15.14, 21E-15.014, Repealed 1-7-16. 61G4-15.015 Certification of Specialty Structure Contractors. (1) Scope of Rule. The purpose of this rule is to provide for the certification of specialty structure contractors. (2) Definition. (a) “Specialty Structure Contractor” is a contractor whose services are limited to the execution of contracts requiring the experience, knowledge and skill necessary for the fabrication, assembling, handling, erection, installation, replacement, dismantling, adjustment, alteration, repair, servicing and design work when not prohibited by law, in accordance with accepted engineering data and/or according to manufacturers specifications in the aluminum, metal, canvas, vinyl and fiberglass screening, doors and windows, hurricane protection devices and allied construction materials. (b) The scope of such work shall include and be limited to fabric coverings on metal substructures, screened porches, screened enclosures, pool enclosures, preformed panel-post and beam roofs, manufactured housing roof-overs, vinyl or acrylic panel window enclosures, guardrails, handrails, aluminum and vinyl fences, the installation or replacement of windstorm protective devices, single story self-contained aluminum utility storage structures (not to exceed 720 sq. ft.), residential glass window and door enclosures, sunrooms, siding, soffit, fascia and gutters. The installation or replacement of window and door assemblies certified in accordance with AAMA 101/ I.S.2 or Miami Dade TAS 201. 202. 203 as specified by the Florida Building Code in Group R occupancy buildings, as defined by the Florida Building Code, up to three stories or thirty feet in height. The installation or replacement of windstorm protective devices, except for impact resistant glazing, shall be unlimited. Division I Contractors shall be permitted to subcontract with Specialty Structure Contractors for the installation or replacement of window and door assemblies certified in accordance with AAMA 101/ I.S.2 or Miami Dade TAS 201. 202. 203 as specified by the Florida Building Code in buildings of Group R occupancy, as defined by the Florida Building Code, of any height. The scope of such work shall include wood work incidental to the aluminum and allied materials construction work. It shall be limited to the construction of wood framing for the walls of uninhabitable utility storage structures, raised wood decks for enclosures, and the repair and/or replacement of wood incidental to the installation of glass windows and doors, installation of siding, soffit, fascia, gutters and preformed panel-post and beam roofs. The scope of such work shall comply with all plans, specifications, codes, laws and regulations applicable. (c) The scope of such work shall include masonry concrete work and be limited to foundations, slabs and block kneewalls incidental to the aluminum and allied construction materials construction work. The specialty structure contractor, whose services are limited, shall not perform any work that alters the structural integrity of the building including but not limited to roof trusses, lintels, load bearing walls and foundations. (d) The specialty structure contractor shall subcontract, with a licensed qualified contractor in the field concerned, all other work incidental to that which is defined herein but which is the work of a trade other than that of a specialty structure contractor. Nothing in this definition shall be construed to limit or infringe upon the scope of work of any specialty contractor certified pursuant to Sections 489.105(3) and 489.113(6), F.S. (3) Certification procedures and fees for Specialty Structure Contractors shall be the same as those provided for the certification of other contractors as required by and set forth in Sections 489.109, 489.111, 489.113, 489.114, 489.115, 489.116, F.S., and related rules. Rulemaking Authority 489.105(3)(q), 489.113(6), 489.115(4) FS. Law Implemented 489.105(3)(q), 489.113(6), 489.115(4) FS. History–New 7-1-87, Amended 1-26-88, 5-23-89, 6-25-89, 4-16-92, Formerly 21E-15.015, Amended 10-31-96, 4-12-04, 11-15-07. 61G4-15.017 Certification of Gypsum Drywall Specialty Contractors. Rulemaking Authority 489.105(3)(q), 489.113(6), 489.115(4) FS. Law Implemented 489.105(3)(q), 489.113(6), 489.115(4) FS. History– New 5-23-89, Formerly 21E-15.017, Amended 11-15-07, Repealed 5-5-24. 61G4-15.018 Certification of Glass and Glazing Specialty Contractors. Rulemaking Authority 489.105(3)(q), 489.113(6), 489.115(5) FS. Law Implemented 455.217(1), 489.105(3)(q), 489.113(6), 489.115(5) FS. History– New 7-9-03, Amended 11-10-03, 11-15-07, 8-30-12, Repealed 5-5-24. 61G4-15.021 Minor Work Incidental to the Installation of Residential Solar Energy Equipment. The following work incidental to the installation of residential solar equipment shall be considered to be within the scope of work of a solar contractor. Unless otherwise indicated, the solar contractor shall be permitted to perform such work without subcontracting to a trade other than that of a solar contractor, provided all work is performed pursuant to applicable local, state, and national building codes. (1) Electrical work. The branch circuit supplying the electric water heater, the receptacle outlet for a cord-and-plug-connected solar controller, the swimming pool pump motor, or the premises wiring on the load side of the premises service disconnecting means. If installation, alteration, removal, replacement, or upgrading of this circuit is necessary, the work shall be performed by licensed electrical contractors only. (2) Solar Water Heating Systems. Solar contractors may disconnect and reconnect the existing branch circuit wiring at the water heater. Solar contractors may install new or replace existing control wiring attached to a cord-and-plug-connected solar controller. For a photovoltaic pump controller, solar contractors may install new or replace existing direct current power wiring between the photovoltaic panel and the pump motor. (3) Solar Pool Heating Systems. Solar contractors may install new or replace existing power wiring on the load side of an existing pump motor disconnect. Solar contractors may also install new or replace existing control wiring connected to a solar pool controller. (4) Solar photovoltaic systems. Solar contractors may install new or replace existing power and control wiring in photovoltaic (PV) source circuits, PV output circuits, battery storage system circuits, and power conditioning unit. In an interactive system that operates parallel with a primary source of electrical energy, this work is limited to the PV supply side of the power conditioning unit. In a stand-alone, or non-grid connected system, the work above-referenced shall be limited to the PV supply side of the power conditioning unit and shall not include wiring integral to the building premises. (5) Plumbing. The solar contractor shall perform all work required for the installation of a domestic solar water heating system and solar pool heating system, including connecting the solar hot water system to the existing cold water supply and hot water lines at the existing domestic water heater location. (6) Roofing. Solar contractors may perform roofing work directly related to the installation of a domestic solar water heating system, solar pool heating system, or photovoltaic system, including cutting roof openings and penetrations, installing flashings, attaching equipment mounting brackets and solar panels. Such work shall be limited to an area within 18 inches of each roof penetration or attachment. Rulemaking Authority 489.108, 489.115(4) FS. Law Implemented 489.105(3)(o), (12) FS. History–New 3-1-92, Formerly 21E-15.021, Amended 6-26-24. 61G4-15.026 Certification of Gas Line Specialty Contractors. Rulemaking Authority 489.105(3)(q), 489.113(6), 489.115(4) FS. Law Implemented 489.105(3)(q), 489.113(6), 489.115(4), 455.213 FS. History–New 10-17-93, Amended 7-19-95, 7-1-96, 7-7-05, 11-15-07, Repealed 5-5-24. 61G4-15.027 Pollutant Storage System Specialty Contractors. (1) Scope of Rule: The purpose of this rule is to provide for the certification of pollutant storage system specialty contractors. (2) Certification procedures and fees for Pollutant Storage System Specialty Contractors shall be the same as those provided for the certification of other contractors as required by and set forth in Sections 489.109, 489.111, 489.113, 489.114, 489.115, 489.116, F.S., and related rules. (3) Method of Operation: nothing in this rule chapter is intended to supersede or modify standards of operation established for pollutant storage system specialty contractors by the Department of Environmental Protection, as expressly stated in rule Chapter 62-761, F.A.C., which rule chapter is hereby adopted (effective 11-99) and incorporated herein by reference as the Board’s operating standards for pollutant storage system specialty contractors. Rulemaking Authority 489.108, 489.113(3), (7), 489.129(3), 489.133 FS. Law Implemented 489.113(3), (7), (8), 489.115(4), (5), 489.133, 455.213 FS. History–New 2-1-00, Amended 7-7-05, 11-15-07. 61G4-15.028 Precision Tank Testers. (1) Scope of Rule: The purpose of this rule is to provide for the registration of precision tank testers. (2) Registration Procedures for Precision Tank Testers: (a) Qualifications:
3. Any person who desires to become a registered precision tank tester shall apply to the Board in writing on form DPR/CILB/031, supplied by the Department.
4. A person shall be registered as a precision tank tester if said person:
   1. Is at least eighteen (18) years of age; and
   2. Who meets the standards established by the Florida Department of Environmental Protection pursuant to Section 62-761.200(83), F.A.C. (effective 11-99). The Florida Department of Environmental Protection shall certify to the Board that an applicant for registration as a precision tank tester meets these standards before the applicant is registered.
   (b) Other registration procedures and fees: other registration procedures and fees for registered precision tank testers shall be the same as those provided for the certification of other contractors as defined in Chapter 489, Part I, F.S., as set forth in Rules 61G4-15.002, 61G4-15.0021, 61G4-15.0022, 61G4-15.003, 61G4-15.006, 61G4-15.007, 61G4-15.008, 61G4-15.009, and 61G4-15.010, F.A.C. The amount of liability insurance for precision tank testers shall be as follows: $250,000.00 public liability insurance and $25,000.00 property damage insurance, both policies protecting insured for incidents of pollutant contamination resulting from contractor’s work. Applicants for registration shall submit competent substantial evidence to the Board demonstrating that the registrant has a net worth of $10,000.00. Rulemaking Authority 489.108, 489.133 FS. Law Implemented 489.115(4), 455.213 FS. History–New 2-1-00, Amended 7-7-05. 61G4-15.029 Tank Lining Applicators. (1) Scope of Rule: The purpose of this rule is to provide for the registration of tank lining applicators. (2) Registration Procedures for Tank Lining Applicators: (a) Qualifications:
5. Any person who desires to become a registered tank lining applicator shall apply to the Board in writing on form DPR/CILB/031, supplied by the Department.
6. A person shall be registered as a tank lining applicator if said person:
   1. Is at least eighteen (18) years of age; and
   2. Who meets the standards established by the Florida Department of Environmental Protection pursuant to paragraph 62-761.700(2)(c), F.A.C. (effective 11-99). The Florida Department of Environmental Protection shall certify to the Board that an applicant for registration as a tank lining applicator meets these standards before the applicant is registered.
   (b) Other Registration procedures and fees: other registration procedures and fees for registered tank lining applicators shall be the same as those provided for the certification of other contractors as defined in Chapter 489, Part I, F.S., as set forth in Rules 61G4-15.002, 61G4-15.0021, 61G4-15.0022, 61G4-15.003, 61G4-15.006, 61G4-15.007, 61G4-15.008, 61G4-15.009, and 61G4-15.010, F.A.C. The amount of liability insurance for tank lining applicators shall be as follows: $250,000.00 public liability insurance and $25,000.00 property damage insurance, both policies protecting insured for incidents of pollutant contamination resulting from contractor’s work. Applicants for registration shall submit competent substantial evidence to the Board demonstrating that the registrant has a net worth of $10,000.00. Rulemaking Authority 489.108, 489.133 FS. Law Implemented 489.115(4), 489.133, 455.213 FS. History–New 2-1-00, Amended 7-7-05. 61G4-15.030 Certification of Registered Contractors. (1) Any registered contractor who wishes to become a certified contractor in the appropriate category pursuant to the “grandfathering” provisions of Section 489.118, F.S., shall submit a completed and signed application for the license type requested. Said applications are incorporated by reference in Rule 61-35.010, F.A.C. For the purposes of this section the following terms are defined as follows: (a) A valid registered license is one in which the registered contractor’s certificate of competency is registered with the Board and a State Registration Number is issued. (b) A substantially similar examination is one which is written and proctored and which covers content and reference materials appropriate for the licensure category for which it is administered. The determination of appropriate content will be made by comparing the content outline and reference list for the examination to that used for the current state certification examination for the same license category. For Division I categories, the examination must include, at a minimum, a two-hour business and financial management section and a six-hour trade knowledge section. For Division II categories, the examination must include, at a minimum, a two-hour business and financial management section and a three-hour trade knowledge section. (c) Experience – Five years licensed and state registered; the experience need not be consecutive. (d) Discipline, for purposes of section 489.118(4), F.S., is defined as action taken by any local enforcement body and action taken by the Board against the licensee. (2) Building code administrators and inspectors who hold a registered construction license or licenses may also apply for certification under the “grandfathering” provisions of section 489.118, F.S. In order to be eligible such inspector or administrator must have five years experience as an inspector in the category sought, or, if an administrator, must have five years experience with oversight in the category sought, at the time of application. The five years of experience may be a combination of experience under the registered construction license and experience under the inspector or administrator license. (3) If a registered contractor did not successfully pass a written, proctored examination in order to receive the registered license, he or she may be considered for certification under this rule if he or she successfully passes an examination substantially similar to the examination required for certified licensure such as those listed pursuant to section 489.118(2), F.S. prior to application. Rulemaking Authority 489.108, 489.118 FS. Law Implemented 489.118 FS. History–New 2-23-00, Amended 5-5-24. 61G4-15.031 Medical Gas Certification. (1) Licensed plumbing contractors, as described in Section 489.1136(1)(a), F.S., engaged in, or who wish to engage in, the business of medical gas systems pursuant to Section 489.1136, F.S., shall take and complete a thirty-two (32) hour course on medical gas systems. Such course shall be Board approved and shall consist of both classroom and practical work designed to teach familiarity with the National Fire Prevention Association (NFPA) Standard 99C (“Standard on Gas and Vacuum Systems”), latest edition, as adopted by the Florida State Fire Marshal, and the American Society of Sanitary Engineers (ASSE) Series 6000 (“Professional Qualifications Standards for Medical Gas Systems Installers, Inspectors and Verifiers”), latest edition, to augment those issues addressed by the NFPA Standard 99C relative to medical gas systems and designed to teach the subject matter required by Section 489.1136(1)(a), F.S. (2) The Board shall approve only those courses submitted by an instructional entity, which is incremental and incidental to the plumbing industry, and which teaches familiarity with the National Fire Prevention Association (NFPA) Standard 99C (“Standard on Gas and Vacuum Systems”), latest edition, as adopted by the Florida State Fire Marshal, and the American Society of Sanitary Engineers (ASSE) Series 6000 (“Professional Qualifications Standards for Medical Gas Systems Installers, Inspectors and Verifiers”), latest edition, to augment those issues addressed by the NFPA Standard 99C relative to medical gas systems. (3) Any instructional entity providing a Board approved medical gas course shall issue a certificate of completion of such course(s) to the student who has successfully completed each Board approved course. Such certificate(s) shall be available for inspection by any entity or person seeking to have the contractor engage in the business of installation, improvement, repair or maintenance of a medical gas system. (4)(a) Any natural person employed by a licensed plumbing contractor to provide work on medical gas systems as specified in Section 489.1136(1)(b), F.S., shall take and complete a thirty-two (32) hour course on medical gas systems. Such course shall be Board approved and shall consist of both classroom and practical work designed to teach familiarity with the National Fire Prevention Association (NFPA) Standard 99C (“Standard on Gas and Vacuum Systems”), latest edition, as adopted by the Florida State Fire Marshal, and the American Society of Sanitary Engineers (ASSE) Series 6000, (“Professional Qualifications Standards for Medical Gas Systems Installers, Inspectors and Verifiers”), latest edition, to augment those issues addressed by the NFPA Standard 99C relative to medical gas systems, and designed to teach familiarity and practicable ability as provided in Section 489.1136(1)(b), F.S. Such course shall also include the administration of a practical examination as set forth in Section 489.1136(1)(b), F.S. (b) Any other natural person who wishes to perform only brazing duties incidental to medical gas systems as specified in Section 489.1136(1)(c), F.S., shall pass an examination approved by the Board. Such examination shall be designed pursuant to the requirements of Section 489.1136(1)(c), F.S., including testing for knowledge of NFPA Standard 99C and ASSE Series 6000, and including a practical examination based on the standards set forth in American Society of Mechanical Engineers (ASME) Section IX or on the American Welding Society (AWS) – B2.2, as approved by NFPA Standard 99C, and shall be approved by the Board upon request by the examination sponsor and review by the Board to determine that the examination is properly designed. (5) Instructional entities seeking provider status from the Board in order to provide courses in medical gas systems training shall be entities incremental and incidental to the plumbing industry and shall demonstrate to the Board their qualifications to provide such courses, including classroom and practical work on medical gas systems in compliance with Section 489.1136, F.S., and all sections of this rule. Such instructional entities seeking provider status shall make application to the Board using the form supplied by the Department. (6) The training required under this section for current licensees must be completed by October 1, 2000. (7) It is the responsibility of the licensed plumbing contractor to be sure that any members of his or her workforce required to be qualified under Section 489.1136, F.S., are in compliance with that law. Such a contractor is subject to discipline under Section 489.129, F.S., for any violation of this law pursuant to Section 489.1136(1)(d), F.S. (8) It is the responsibility of the licensed plumbing contractor to be sure that on any job site where a medical gas system is being installed, improved, repaired or maintained that a person certified pursuant to Section 489.1136(1)(a) or (b), F.S., is present. It is the responsibility of the licensed plumbing contractor to be sure that on any medical gas system job site where brazing work is being performed by a person certified under Section 489.1136(1)(c), F.S., that a person certified under Section 489.1136(1)(a) or (b), F.S., is present. Rulemaking Authority 489.108, 489.1136, 455.213 FS. Law Implemented 489.1136 FS. History–New 7-4-00, Amended 7-7-05. 61G4-15.032 Certification of Swimming Pool Specialty Contractors. (1) Scope of Rule. The scope of this rule is to provide for the voluntary certification of swimming pool specialty contractors. (a) Swimming pool specialty contractors may only perform the services within the scope of work defined for that particular category swimming pool specialty contractor. Nothing in this rule shall limit the scope of a contractor as defined in Sections 489.105(3)(j)-(l), F.S., from performing swimming pool layout, structural work, excavation, trim work, decking, piping, and finishing. (b) Swimming pool specialty contractors must work under contract, under the supervision, and within the scope of work of a contractor licensed pursuant to Sections 489.105(3)(j)-(l), F.S. (c) Each category of swimming pool specialty contractor contained in this rule constitutes a separate license and obtaining licensure in all swimming pool specialty contractor categories shall not entitle a person to licensure as a contractor as defined in Sections 489.105(3)(j)-(l), F.S. (2) Definition. (a) A “Swimming Pool Layout Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the layout, shaping, steel installation, and rough piping of pools, spas, and hot tub shells. (b) A “Swimming Pool Structural Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the shaping and shooting of gunite, shotcrete, concrete, or similar product mix used in the construction of swimming pools and spas. This scope of work includes the installation of fiberglass shells and vinyl liners. (c) A “Swimming Pool Excavation Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the excavation and earthmoving required for the installation of pools, spas, and hot tub shells. (d) A “Swimming Pool Trim Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the installation of tile and coping for pools, spas, and hot tub shells. Decorative or interactive water displays or areas that use recirculated water, including waterfalls and spray nozzles, are also included in this rule within this scope of work. (e) A “Swimming Pool Decking Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the construction and installation of concrete flatwork, pavers and bricks, retaining walls, and footings associated with the construction of pools, spas, and hot tub shells. (f) A “Swimming Pool Piping Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the installation of piping or the installation of circulating, filtering, disinfecting, controlling, or monitoring equipment and devices used in the construction of pools, spas, hot tubs, and decorative or interactive water displays or areas. (g) A “Swimming Pool Finishes Specialty Contractor” means a swimming pool specialty contractor whose scope of work is limited to the coating or plastering of the interior surfaces of pools, spas, or hot tub shells. (3) Certification Procedures. (a) Qualifications.
7. Any person who desires to become a swimming pool specialty contractor shall apply to the Construction Industry Licensing Board of the Department of Business and Professional Regulation in writing on a form provided by the Department.
8. A person shall be certified as a swimming pool specialty contractor if said person:
   1. Is at least eighteen (18) years of age;
   2. Is of good moral character;
   3. Submits documentation demonstrating four years of experience in the swimming pool specialty contractor category for which the person applied; and,
   d.I. Takes and successfully completes a written examination for certification in the category of swimming pool specialty contractor applied for; or II. An applicant who completes three (3) hours of board-approved continuing education, consisting of one hour of workplace safety, one hour of business practices, and one hour of workers’ compensation, may qualify, if the applicant successfully passes a practical examination for certification in the category of swimming pool specialty contractor applied for in lieu of a written examination for licensure. (b) Other Certification Procedures and Fees. Other certification procedures and fees for certified swimming pool specialty contractors shall be the same as those provided for the certification of other contractors as set forth in Sections 489.109, 489.111(3), 489.113, F.S., and Rules 61G4-12.009 and 61G4-15.005, F.A.C. Applicants must also submit evidence of having met the requirements in paragraphs 61G4-15.003(2)(h) and 61G4-15.005(3)(a), F.A.C., for any of these specialties. Rulemaking Authority 455.217, 489.113(6), 489.108, 489.115(4) FS. Law Implemented 489.113(6), 489.115(4) FS. History–New 1-4-06, Amended 2-11-08, 4-26-12, 4-26-16, 6-26-18. 61G4-15.033 Certification of Marine Specialty Contractors. Rulemaking Authority 455.213, 489.108, 489.113(6) FS. Law Implemented 489.105(3)(q), 489.113(6) FS. History–New 12-25-07, Repealed 5-5-24. 61G4-15.034 Certification of Tower Specialty Contractors. Rulemaking Authority 489.108, 489.113(6) FS. Law Implemented 489.105(3)(q), 489.113(6) FS. History–New 6-10-10, Amended 11-10-10, Repealed 5-5-24. 61G4-15.035 Certification of Irrigation Specialty Contractors. Rulemaking Authority 489.108 FS. Law Implemented 489.105(3)(q), 489.113(6) FS. History–New 2-13-13, Repealed 5-5-24. 61G4-15.038 Certification of Building Demolition Specialty Contractors. Rulemaking Authority 489.108, 489.113(6) FS. Law Implemented 489.113(6) FS. History–New 2-11-13, Repealed 5-5-24. 61G4-15.039 Certification of Industrial Facility Specialty Contractors. Rulemaking Authority 489.108, 489.113(6) FS. Law Implemented 489.105(3)(q), 489.113(6) FS. History–New 8-17-14, Amended 3-5-19, Repealed 5-5-24. 61G4-15.040 Certification of Residential Pool/Spa Servicing Specialty Contractors. Rulemaking Authority 489.108, 489.113(6) FS. Law Implemented 489.105(3)(q), 489.113(6) FS. History‒New 6-22-14, Repealed 5-5-24. 61G4-15.100 Certified Specialty Contractors (1) The purpose of this rule is to provide for the certification of the following specialty contractors licensure types: (a) A “structural aluminum or screen enclosures specialty contractor” is qualified and certified by the board to perform any work involving aluminum screened porches, screened enclosures, pool enclosures, pre-formed panel-post and beam roofs, mobile home panel roof-overs, residential glass and window door enclosures, vinyl panel window enclosures and single-story self-contained aluminum utility storage structures not exceeding seven hundred twenty (720) square feet. The scope of the work shall include woodwork incidental to the aluminum and allied materials construction work. It shall be limited to the construction of wood framing for walls of uninhabitable utility storage structures, raised wood decks for enclosures, and the rescreening, repair and/or replacement of wood incidental to the installation of glass windows and doors, installation of siding, soffit, fascia, gutters, and preformed panel-post and beam roofs, and screen enclosures. The scope of such work shall include masonry concrete work and be limited to foundations, slabs and block knee walls incidental to the aluminum and allied materials construction work. The aluminum contractor, whose services are limited, shall not perform any work that alters the structural integrity of the building including but not limited to roof trusses, lintels, load bearing walls and foundations. The aluminum contractor shall subcontract, with a licensed qualified contractor in the field concerned, all work incidental to that which is defined herein but which is the work of a trade other than that of an aluminum contractor. The scope of licensure for an aluminum contractor includes and is limited to the execution of contracts requiring the experience, financial means, knowledge and skill necessary for the fabrication, assembling, handling, erection, installation, dismantling, adjustment, alteration, repair, servicing and design work when not prohibited by law, in accordance with accepted engineering data and/or according to manufacturer's specification in the aluminum metal, vinyl and fiberglass screening and allied construction materials. (b) A “marine specialty contractor” is qualified and certified by the board to perform any work involving the construction, repair, alteration, extension and excavation for fixed docks, floating docks, boathouses, mooring devices, mooring fields, seawalls, bulkheads, piers, wharfs, boatlifts, boat ramps, revetments, cofferdams, wave attenuators, dune crossovers and other marine structures and activities, including pile driving, framing, concrete, masonry, dredge and fill, and wood shingle, wood shakes, or asphalt or fiberglass shingle roofing on a new structure of his or her own construction. (c) A “marine seawall work specialty contractor” is qualified and certified by the board to install, alter, repair, maintain, relocate, and replace supporting members of piers and docks, e.g., piles or pilings, columns, posts, stanchions. The scope of work of such contractor shall include all construction below, above, or beyond, the mean low water line, for the sole purpose of constructing, erecting or dismantling of piers, docks and seawalls. (d) A “marine bulkhead work specialty contractor” is qualified and certified by the board to install, alter, repair, maintain, relocate, and replace bulkheads and its supporting members. The scope of work of such contractor shall include all construction below, above or beyond, the mean low water line, for the sole purpose of constructing, erecting, or dismantling of bulkheads. (e) A “marine dock work specialty contractor” is qualified and certified by the board to install, repair, maintain, or alter docks, piers, and decks of marine nature, and may perform pile driving as well as other operations necessary for the safe construction of these structures. (f) A “marine pile driving specialty contractor” is qualified and certified by the board to drive concrete, wood, or steel piles in a marine environment to provide the foundations for fixed docks, floating docks, boathouses, mooring devices, mooring fields, seawalls, bulkheads, piers, wharfs, boatlifts, boat ramps, revetments, cofferdams, wave attenuators, dune crossovers and other marine structures. (g) A “structural masonry specialty contractor” is qualified and certified by the board to form, place, finish, install, repair, maintain, and replace any concrete or masonry products including: batching and mixing of aggregates, cement, and water to specifications, laying of block, brick, and other masonry units, the construction of forms and framework for the casting and shaping of concrete, the placing and erection of reinforcing steel and the pouring, placement, injecting and finishing of concrete. The scope of such work shall include all types of foundations, slabs, footers, curbs, walls, columns, beams and other structures, and terrazzo and other finishes. (h) A “structural pre-stressed, precast concrete work specialty contractor” is qualified and certified to erect structural precast concrete units such as decks, beams, girders, walls, columns and stairs that are or may be used as structural members for buildings and structures, including welding and rigging in connection therewith and to erect precast concrete units for guard rails and decorative panels above the ground floor, including such minor field fabrication as may be necessary. (i) A “structural steel work specialty contractor” is qualified and certified by the board to install, repair, maintain, and replace steel framework, columns, sheathing, beams, and fabrication of metal buildings. (j) A “window and door installation specialty contractor” is qualified and certified by the board to install, replace, adjust, repair, and service, when not prohibited by law, in accordance with accepted engineering data and or according to manufacturers’ specification of exterior windows and doors, hurricane protection devices, shutters, and hardware in connection therewith which do not affect structural changes, except the replacement of window bucks in retrofit. (k) A “garage door installation specialty contractor” is qualified and certified by the board to fabricate, assemble, handle, erect, install, dismantle, adjust, alter, repair, and service garage doors. The scope of such work shall include all types of garage doors, including the related hardware and operating devices. Such contractor shall be allowed to install low voltage wiring for safety features and cord and cap connected to the devices, motors, and equipment; any other electrical work related to the installation of a garage door shall be subcontracted to a licensed electrical contractor, including wire removal and/or rewiring, installation of receptacles, lights, and switches. Such contractor shall be allowed to subcontract with other licensed contractors for work directly related to the installation of the garage door. (l) A “plaster and lath specialty contractor” is qualified and certified by the board to coat surfaces with a mixture of sand or other aggregate gypsum plaster, Portland cement or quicklime and water, or any combination of such material as to create a permanent coating. The contractor may perform lathing work. (m) A “structural carpentry specialty contractor” is qualified and certified by the board to install any wood products or metal framing in a structure of a building including rough framing, door, window (including metal), and structural trusses. (n) A “residential swimming pool/spa servicing specialty contractor” means a contractor whose scope of work involves the repair and servicing of residential swimming pools, hot tubs or spas. The scope of work includes the repair or replacement of existing equipment, any cleaning or equipment sanitizing that requires at least a partial disassembling, filter changes, and the installation of new pool/spa equipment, interior refinishing, the reinstallation or addition of pool heaters, the repair or replacement of all perimeter piping and filter piping, the repair of equipment rooms or housing for pool/spa equipment, and the substantial or complete draining, for the purpose of repair or renovation of residential swimming pools, hot tubs, and spas. The scope of such work does not include direct connections to a sanitary sewer system or to potable water lines. (o) An “industrial facility specialty contractor” is a contractor who is qualified and certified by the board to perform any work involving the construction, repair, demolition, modification, and alteration of uninhabitable industrial structures housing manufactured industrial equipment being installed therein by the contractor of specialized equipment used to produce or move goods or materials including but not limited to energy production, gas production, chemical production, installation of fixed equipment, above ground storage tanks and related accessory piping; and construction of habitable or uninhabitable attached accessory use structures not exceeding 1,500 square feet used solely to house related operating and controlling equipment. An industrial facility specialty contractor shall be unlimited in his or her ability to enter contracts for the scopes of work described herein and who may perform such work permitted under this rule, except as otherwise expressly provided in section 489.113, F.S. An industrial facility specialty contractor shall be required to subcontract all work above that falls within the scopes of work set forth in sections 489.105(3)(b)-(p) or 489.505, F.S., or for fire protection systems under section 633.318, F.S., to a licensee who holds a state certification or registration in the respective category of work. (p) A “building demolition specialty contractor” is a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to demolish, if not prohibited by law, steel tanks 50 feet or less in height; towers 50 feet or less in height; other structures 50 feet or less in height, other than buildings or residences over three stories tall; and buildings or residences three stories or less in height. Nothing in this rule shall be deemed to restrict or limit in any manner the scope of work authorized by law of other contractor classifications. (q) An "irrigation specialty contractor” is a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, manage, monitor, audit, or, if not prohibited by law, design irrigation systems. An irrigation specialty contractor may install, maintain, repair, alter, extend, manage, monitor, audit, or, if not prohibited by law, design irrigation systems, including any excavation work incidental thereto. An irrigation system includes all: piping; fittings; sprinklers; drip irrigation products; valves; irrigation controllers; control wiring; rain sensors; water pumps, water conservation devices; water harvesting systems; irrigation main lines downstream of a utility potable water meter or utility alternative water supply distribution line and dedicated backflow prevention device; and associated components installed for the delivery and application of water for the purpose of irrigation. Irrigation systems used for agricultural purposes shall not be included within the scope of this rule. An irrigation specialty contractor is precluded from conducting work on water wells or pumps per Florida Plumbing Code and Section 373.323(10), Florida Statutes. (r) A “tower specialty contractor” is qualified and certified by the board to perform any work involving the construction, repair and alteration of uninhabitable towers for purposes of communications, energy, water, or utilities; including construction of accessory use structures not exceeding three stories in height which house related equipment. An applicant for a tower specialty contractor certification shall pass the general contractor examination and shall demonstrate experience in the construction, repair and alteration of towers and accessory use structures. (s) A “glass and glazing specialty contractor” is a specialty contractor whose scope of work is limited to the installation and attachment of all types of windows and glass, on residential and commercial applications without any height restriction, whether fixed or movable; the installation of swinging or sliding glass doors to existing walls, floors, columns or other structural members of the building; the installation of glass holding or supporting mullions or horizontal bars; the installation of structurally anchored impact-resistant opening protection attached to existing building walls, floors, columns or other structural members of the building; and the cutting and installation of glass and mirrors. A glass and glazing specialty contractor may also install prefabricated glass, metal or plastic curtain walls, storefront frames or panels, caulking incidental to such work and assembly, and installation of shower & tub enclosures and metal fascias. (t) A “gypsum drywall specialty contractor” is a specialty contractor whose scope of work is limited to the installation of all necessary and incidental metal accessories, including non-load bearing metal studs, runners, hangers, channels, drywall metal suspension accessories and prefabricated ceiling materials; and the preparation of the surface over which drywall product is to be applied. This includes the application of base and finish coats specifically designed for the gypsum drywall products of their own erection. This category shall not include plastering, block, or wood partitions. (u) A “gas line specialty contractor” is a contractor whose scope of work is limited to installation, modification, alteration, testing, repair and maintenance of natural gas transmission systems and natural gas distribution systems with all appurtenances within rights-of-way, easements, or terminating at meter. (2) Certification procedures and fees for certified specialty contractors shall be the same as those provided for the certification of other contractors as required by and set forth in sections 489.109, 489.111, 489.113, 489.114, 489.115, 489.116, F.S., and related rules. (3) Nothing in this rule shall be deemed to restrict or limit in any manner the scope of work authorized by law of other contractor classifications. (4) Certified specialty contractors must maintain applicable worker’s compensation and general liability insurance as required by state and federal laws, including but not limited to the provisions of the Longshoremen’s and Harbor Worker’s Compensation Act, 33 U.S.C.A. §901 et seq. and Title 46 U.S.C.A. for marine specialty contractors. Rulemaking Authority 455.213, 489.108, 489.113(6) FS. Law Implemented 489.105(3)(q), 489.113(6) FS. History‒New 5-5-24, Amended 8-28-24.

Chapter 61G4-16 EXAMINATIONS

Fla. Admin. Code R. 61G4-16 EXAMINATIONS

CHAPTER 61G4-16 EXAMINATIONS 61G4-16.001 Written Certification Examination Requirements 61G4-16.0015 Exemption from Business and Finance Test 61G4-16.0021 Written Examination for Swimming Pool Specialty Contractors 61G4-16.0031 Practical Examination for Swimming Pool Specialty Contractors 61G4-16.004 Oral Examinations 61G4-16.005 Duration of Validity 61G4-16.007 Security and Monitoring Procedures for Certification Examination 61G4-16.009 Examination and Reexamination 61G4-16.001 Written Certification Examination Requirements. (1) Certification Examination for General Contractors, Tower Specialty Contractors, and Industrial Facility Specialty Contractors. The certification examination shall consist of three tests. The content areas to be covered and the relative weight shall be as follows: (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the relative weights to be assigned to said area are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to contract administration including managing and operating the day to day activities of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:

1. 27% Preconstruction Activities,
2. 40% Project Contracts,
3. 20% Obtaining Licenses, Permits and Approvals; and,
4. 13% Construction Procedures and Operations. (c) Test three shall consist of questions relating to project management including managing, controlling and conducting a specific project. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
5. 63% Construction Methods, Materials, Tools, and Equipment,
6. 20% Safety; and,
7. 17% Reading Plans and Specifications. (2) Certification Examination for Building Contractors. The certification examination shall consist of three tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to contract administration including managing and operating the day to day activities of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
8. 28% Preconstruction Activities,
9. 38% Project Contracts,
10. 20% Obtaining licenses, permits and approvals; and,
11. 14% Construction Procedures and Operations. (c) Test three shall consist of questions relating to project management including managing, controlling, and conducting a specific project. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
12. 64% Construction Methods, Materials, Tools, and Equipment,
13. 20% Safety; and,
14. 16% Reading Plans and Specifications. (3) Certification Examination for Residential Contractors. The certification examination shall consist of three tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to contract administration including managing and operating the day to day activities of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
15. 29% Preconstruction Activities,
16. 40% Project Contracts,
17. 20% Obtaining Licenses, Permits and Approvals; and,
18. 11% Construction Procedures and Operations. (c) Test three shall consist of questions relating to project management including managing and operating the day to day activities of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
19. 64% Construction Methods, Materials, Tools, and Equipment,
20. 18% Safety; and,
21. 18% Reading Plans and Specifications. (4) Certification Examination for Mechanical Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the mechanical contracting trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
22. 9% Pre-installation and Design Engineering,
23. 9% Ductwork and HVAC Materials,
24. 12% Installation of Refrigeration and HVAC Systems,
25. 14% Installation of Mechanical Systems,
26. 9% Installation of Refrigeration and HVAC Equipment and Components,
27. 14% Installation of Mechanical Equipment and Components,
28. 9% Maintenance Analysis of Refrigeration and HVAC Systems,
29. 5% Maintenance Service of Refrigeration and HVAC Systems,
30. 9% Safety and Equipment,
31. 2% Excavating,
32. 5% Energy Management; and,
33. 3% Indoor Air Quality. (5) Certification Examination for Class A Air Conditioning Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the Class A air conditioning trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
34. 14% Pre-installation,
35. 9% Sheet Metal Ducts,
36. 23% Installation of Refrigeration and HVAC Systems,
37. 14% Installation of Refrigeration and HVAC Equipment and Components,
38. 9% Maintenance Analysis of Refrigeration and HVAC Systems,
39. 14% Maintenance Service of Refrigeration and HVAC Systems,
40. 9% Safety and Equipment,
41. 5% Energy Management; and,
42. 3% Indoor Air Quality. (6) Certification Examination for Class B Air Conditioning Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the Class B air conditioning trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
43. 12% Pre-installation,
44. 9% Sheet Metal Ducts,
45. 22% Installation of Refrigeration and HVAC Systems,
46. 14% Installation of Refrigeration and HVAC Equipment and Components,
47. 10% Maintenance Analysis of Refrigeration and HVAC Systems,
48. 14% Maintenance Service of Refrigeration and HVAC Systems,
49. 10% Safety and Equipment,
50. 5% Energy Management; and,
51. 4% Indoor Air Quality. (7) Certification Examination for Roofing Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the roofing trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
52. 15% Built-Up Roofs,
53. 15% Shingles and Shakes,
54. 10% Architectural Metal Roofs,
55. 15% Single-ply Systems,
56. 15% Modified Roofing Systems,
57. 10% Concrete and Tile Roofs,
58. 5% Membrane Waterproofing,
59. 5% Drains and Gutters; and,
60. 10% Equipment and Safety. (8) Certification Examination for Sheet Metal Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the sheet metal trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
61. 15% Pre-installation and Site Work,
62. 25% Industrial Duct Fabrication,
63. 10% Architectural Sheet Metal,
64. 10% Fabrication of Other Sheet Metal Structures,
65. 25% Installation of Sheet Metal Systems; and,
66. 15% Safety and Equipment. (9) Certification Examination for Commercial Pool/Spa Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the commercial pool/spa trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
67. 5% Pre-installation and Site Preparation,
68. 15% Pool and Spa Excavation,
69. 12 1/2% Plumbing Work,
70. 5% Electrical Work,
71. 10% Shell Placement,
72. 5% Deck Work,
73. 10% Tile, Coping and Trim Work,
74. 10% Accessory Work,
75. 5% Interior Surface Preparation and Finishing,
76. 5% Start Up,
77. 10% Service and Maintenance; and,
78. 7 1/2% Equipment. (10) Certification Examination for Residential Pool/Spa Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the residential pool/spa trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
79. 7 1/2% Pre-installation and Site Preparation,
80. 15% Pool and Spa Excavation,
81. 12 1/2% Plumbing Work,
82. 5% Electrical Work,
83. 10% Shell Placement,
84. 5% Deck Work,
85. 10% Tile, Coping and Trim Work,
86. 5% Accessory Work,
87. 5% Interior Surface Preparation and Finishing,
88. 5% Start Up,
89. 10% Service and Maintenance; and,
90. 10% Equipment. (11) Certification Examination for Swimming Pool/Spa Servicing Contractors and Residential Swimming Pool/Spa Servicing Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the swimming pool/spa servicing trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
91. 10% Plumbing Work,
92. 10% Deck Work,
93. 10% Tile, Coping and Trim Work,
94. 10% Accessory Work,
95. 10% Interior Surface Preparation and Finishing,
96. 10% Start Up,
97. 35% Service and Maintenance; and,
98. 5% Safety Procedures. (12) Certification Examination for Plumbing Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the plumbing trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
99. 20% Drainage,
100. 20% Water Distribution,
101. 15% Natural Gas Piping,
102. 20% Medical Gas Piping,
103. 10% Industrial Piping,
104. 5% Swimming Pools, Wells and Irrigation,
105. 5% Solar,
106. 5% Fire Protection; and,
107. Test two shall include, but shall not be limited to, five plumbing isometric drawings. The content of the drawings shall conform to the content areas listed in 1. through 8., above. Each of the isometric drawings is worth up to a maximum of 10 points. Based on the criteria listed below, each drawing will be independently evaluated by three graders. At least two of the graders must agree that a criterion is correct in order for that criterion to be graded as correct and points to be awarded. If one or more criterion is determined to be incorrect by at least two of the graders, points will not be awarded for that criterion. The awarded points for all criteria will be summed and converted to a 10 point scale to determine the score for each drawing. The following are the criteria and points used by the graders to evaluate each of the five isometric drawings.
     1. Legibility. Drawing is clear and readable. Drawing is sufficient in size. Lines and labels are distinguishable. (8 points)
     2. Orientation. All fixtures are shown in the correct location relative to each other. (20 points)
     3. Flow. Direction of flow is shown when going from vertical to horizontal. The direction of flow must be indicated even if the direction is implied for all waste lines and all fixture connections. Direction of flow is not required for vent lines. (12 points)
     4. Angles. Isometric drawing uses 30-60-90 degree angles. All angles used on the drawing are displayed at the appropriate orientation. (8 points)
     5. Piping. All pipes, fittings, traps, clean-outs, and similar portions of the piping structure are included on the drawing. All piping is shown exactly as on the drawing (regardless of specific code requirements). The piping must display the correct elevation in reference to the floor plan. (20 points)
     6. Labeling. All fixtures are labeled according to the legend provided in the examination instructions. (4 points)
     7. Vents. All vents are properly indicated. (16 points)
     8. Fixtures. All fixtures shown on the floor plan are appropriately indicated on the isometric drawing. (12 points)
     (13) Certification Examination for Underground Utility and Excavation Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the underground utility and excavation trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
108. 20% Pre-installation,
109. 5% Traffic Control,
110. 20% Excavating, Backfill and Compaction,
111. 15% Pipe Installation and Repairs,
112. 15% Piping, Valves and Fittings,
113. 10% Testing, Disinfecting, and Job Close Out,
114. 5% Drainage Systems; and,
115. 10% Equipment. (14) Certification Examination for Pollutant Storage System Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the pollutant storage system specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
116. 7% Pre-installation and Site Preparation,
117. 5% Material Handling,
118. 10% Excavating,
119. 7% Supports and Anchorage,
120. 10% Backfill,
121. 12% Tank Installation,
122. 14% Piping, Valves and Fittings,
123. 5% Above Tank Covering,
124. 10% Leak Detection,
125. 5% Cathodic Protection Systems,
126. 10% Tank Removal and Abandonment; and,
127. 5% Equipment. (15) Certification for Gypsum Drywall Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the gypsum drywall specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
128. 35% Gypsum/Gypsum Wallboard Installation,
129. 15% Taping and Texturing,
130. 35% Metal Stud Walls and Ceiling Grid Systems; and,
131. 15% Special Applications. (16) Certification Examination for Specialty Structure Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the specialty structure trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
132. 7 1/2% Foundations,
133. 15% Wall Sections,
134. 15% Roof Sections,
135. 7 1/2% Insulation,
136. 15% Windows,
137. 15% Post and Beam Structures,
138. 15% Roofovers; and,
139. 10% Siding, Soffit, Fascias, Gutters, and Downspouts. (17) Certification Examination for Solar Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the solar trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
140. 25% Swimming Pools,
141. 25% Domestic Hot Water; and,
142. 50% Photovoltaics. (18) Certification Examination for Gas Line Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the gas line trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
143. 10% General Knowledge,
144. 5% Testing and Code Compliance,
145. 5% Taps and Connections,
146. 5% Pigging and Purging,
147. 5% Maintenance,
148. 20% Welding and Fusions,
149. 20% Safety,
150. 10% Excavation,
151. 10% Equipment,
152. 5% Materials; and,
153. 5% Location and Investigation. (19) Certification Examination for Glass and Glazing Specialty Contractor. (a) Areas of Competency. The Certification Examination shall consist of two tests.
154. Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C.
155. Test two shall consist of questions relating to general knowledge of the glass and glazing trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
     1. 35% Preconstruction Activities,
     2. 20% Fabricating Product,
     3. 5% Transporting Product,
     4. 35% Installing Product; and,
     5. 5% Servicing Product.
     (b) For purpose of this rule, Product is defined as curtain walls, decorative glass and glazing, glass and aluminum doors, glass, glass floors, glass railings, interior glass and glazing, mirrors, overhead glazing, panels and miscellaneous metals, shower doors, store fronts, structural glass (frameless) and windows. (20) Certification of Marine Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the marine specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
156. 7% Determining Existing Soil Conditions,
157. 10% Determining Project Parameters,
158. 16% Administering Project,
159. 9% Constructing Foundation Systems,
160. 13% Constructing Shoreline Stabilization,
161. 10% Constructing Anchoring Systems,
162. 6% Performing Dredge and Fill Operations,
163. 9% Building Floating Marine Structures,
164. 14% Building Fixed Marine Structures; and,
165. 6% Executing Close-Out Procedures. (21) Certification of Irrigation Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the irrigation specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
166. 25% Pre-Construction,
167. 37.50% Construction,
168. 12.50% Maintenance & Repair,
169. 12.50% Scheduling & Water Conservation; and,
170. 12.50% Rules, Laws & Codes. (22) Business and Finance Examination. Test one for all construction certification categories shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows: (a) 11% Establishing the Contracting business; (b) 26% Managing Administration Duties; (c) 10% Managing Trade Operations; (d) 32% Conducting Accounting Functions; (e) 6% Managing Human Resources (Staffing); and, (f) 15% Complying with Government Regulations. (23) Certification of Garage Door Installation Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the garage door specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
171. 9% Introduction to Garage Door Installation,
172. 15% Tools, Equipment, and Materials,
173. 27% Technical Knowledge,
174. 24% Installation Procedures, 5.13% Repair and Maintenance,
175. 5% Electrical Work and Safety; and,
176. 7% Health and Safety. (24) Certification of Marine Bulkhead Work Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the marine bulkhead specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
177. 5% Determining Soil Conditions,
178. 8% Determining the Project Parameters,
179. 13.5% Administering the Project,
180. 13.5% Constructing Foundation Systems,
181. 27% Constructing Shoreline Stabilization,
182. 20% Constructing Anchoring Systems,
183. 8% Performing Dredge and Fill Operations; and,
184. 5% Executing Close-Out Procedures. (25) Certification of Marine Dock Work Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the marine dock specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
185. 6% Fundamentals of Marine Dock Construction,
186. 12% Materials Used in Dock Construction,
187. 14% Design and Planning of Marine Docks,
188. 20% Construction Techniques for Marine Structures,
189. 10% Safety and Health in Marine Construction,
190. 10% Environmental Consideration in Dock Construction,
191. 20% Maintenance and Repair of Marine Docks; and,
192. 8% Project Management and Administration. (26) Certification of Marine Pile Driving Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the marine pile driving specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
193. 17% Fundamentals of Pile Driving,
194. 17% Pile Driving Equipment and Techniques,
195. 13% Design Considerations – Load and Integrity,
196. 13% Safety,
197. 10% Environmental and Jurisdiction,
198. 10% Construction Management,
199. 7% Layout and Location; and,
200. 13% Building Fixed Marine Structures. (27) Certification of Marine Seawall Work Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the marine seawall specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
201. 5% Determining Soil Conditions,
202. 8.5% Determining the Project Parameters,
203. 13% Administering the Project,
204. 13% Constructing Foundation Systems,
205. 27% Constructing Shoreline Stabilization,
206. 20% Constructing Anchoring Systems,
207. 8.5% Performing Dredge and Fill Operations; and,
208. 5% Executing Close-Out Procedures. (28) Certification of Plaster and Lath Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the plaster and lath specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
209. 9.5% Introduction to Plaster and Lath,
210. 18% Materials Science,
211. 9.5% Tools and Equipment,
212. 18% Lathing Techniques,
213. 18% Plaster Mixing and Application Techniques,
214. 9% Building Codes and Standards,
215. 9% Safety Practices; and,
216. 9% Project Management and Estimation. (29) Certification of Rooftop Solar Heating Installation Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the rooftop solar heating specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
217. 5% Foundations of Solar Heating Technology,
218. 9% Components of Solar Heating Systems,
219. 15.5% Solar Thermal System Design,
220. 18.5% Installation Practices for Solar Heating Systems,
221. 9% Electrical Basics for Solar Installers,
222. 12% Hydraulics and Plumbing for Solar Thermal Systems,
223. 8% Compliance with Codes and Standards,
224. 12% Operational Maintenance and System Troubleshooting,
225. 6% Safety and Best Practices in Solar Installations; and,
226. 5% Solar Project Management and Professional Responsibilities. (30) Certification of Structural Aluminum or Screen Enclosure Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the structural aluminum, screen enclosure specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
227. 10% Fundamentals of Structural Aluminum and Screen Enclosures,
228. 15% Design and Engineering Principles,
229. 7% Plan Reading, and Estimating,
230. 20% Construction and Installation Techniques,
231. 10% Materials, Tools, and Equipment,
232. 5% Project Management and Subcontracting,
233. 15% Building Codes, Permits, and Regulations,
234. 3% Electrical Systems Integration,
235. 10% Maintenance, Repair, and Replacement; and,
236. 5% Trade Specific Safety Regulations. (31) Certification of Structural Carpentry Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the structural carpentry specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
237. 4% Fundamentals,
238. 7% Safety,
239. 7% Estimating and Plan Reading,
240. 25.5% Structural Carpentry,
241. 25.5% Structural Trusses and Floor Systems,
242. 9% Doors and Windows,
243. 13% Metal Framing; and,
244. 9% Exterior Finishes. (32) Certification of Structural Masonry Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the structural masonry specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
245. 4% Fundamentals,
246. 13% Materials Science,
247. 16.25% Formwork and Framework Construction,
248. 16.25% Reinforcing Steel Placement,
249. 16.25% Concrete and Masonry Techniques,
250. 16.25% Structural Elements,
251. 9% Building Codes and Standards,
252. 5% Project Management and Estimation; and,
253. 4% Safety Practices. (33) Certification of Structural Pre-Stress and Precast Concrete Work Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the structural pre-stress and precast concrete work specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
254. 7% Fundamentals of Prestress and Precast,
255. 14.25% Design and Planning,
256. 14.25% Field Fabrication,
257. 36% Erection,
258. 14.25% Safety; and,
259. 14.25% Project Management. (34) Certification of Structural Steel Work Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the structural steel specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
260. 8% Fundamentals of Structural Steel,
261. 17% Design and Planning,
262. 17% Fabrication,
263. 33% Erection,
264. 8% Maintenance and Repair; and,
265. 17% Project Management. (35) Certification of Window and Door Installation Specialty Contractors. The certification examination shall consist of two tests. (a) Test one shall consist of questions relating to the business and financial management of a contracting firm. The content areas to be covered and the approximate weights to be assigned to said areas are set forth in subsection 61G4-16.001(22), F.A.C. (b) Test two shall consist of questions relating to general knowledge of the window and door installation specialty trade. The content areas to be covered and the approximate weights to be assigned to said areas shall be as follows:
266. 9.5% Introduction to Plaster and Lath,
267. 18% Materials Science,
268. 9.5% Tools and Equipment,
269. 18% Lathing Techniques,
270. 18% Plaster Mixing and Application Techniques,
271. 9% Building Codes and Standards,
272. 9% Safety Practices; and,
273. 9% Project Management and Estimation. (36) The weight approximations for all examinations listed above may vary by plus or minus three percent (3%). (37) Passing Score. The score necessary to achieve a passing grade on all of the construction certification examinations shall be no less than a percentage of seventy (70%) out of one hundred percent (100%) on each of the required tests. Rulemaking Authority 455.217, 489.108, 489.113 FS. Law Implemented 455.217, 489.113 FS. History–New 1-6-80, Amended 9-24-84, Formerly 21E-16.01, Amended 5-3-87, 10-4-87, 6-2-88, 12-19-88, 5-23-89, 8-23-89, 2-5-91, 1-29-92, 10-11-92, 5-2-93, Formerly 21E-16.001, Amended 10-17-93, 5-9-95, 11-28-95, 3-11-96, 11-13-97, 4-13-99, 9-12-00, 6-25-03, 6-23-08, 4-21-09, 8-31-14, 7-4-17, 9-30-19, 12-16-24. 61G4-16.0015 Exemption from Business and Finance Test. (1) Any current active certified residential licensee, who is an applicant for a state certified builder’s examination or a certified general contractor’s examination, shall not be required to take the business and finance portion of the exam, provided: (a) The licensee is not under investigation or prosecution in any jurisdiction for an action that would constitute a violation of Chapter 489, Part I, F.S., or if so, until such time as the investigation or prosecution is complete; and (b) The licensee has not been disciplined, other than a notice of noncompliance, a letter of guidance or a citation. (2) Any current active certified building licensee, who is an applicant for a state certified general contractor’s examination, shall not be required to take the business and finance portion of the exam, provided: (a) The licensee is not under investigation or prosecution in any jurisdiction for an action that would constitute a violation of Chapter 489, Part I, F.S., or if so until such time as the investigation or prosecution is complete; and (b) The licensee has not been disciplined, other than a notice of noncompliance, a letter of guidance or a citation. (3) Any current active certified Division I licensee (excluding Traditional Thatched Structure) who is an applicant for a state certified Division II licensure examination, shall not be required to take the business and finance portion of the exam, provided: (a) The licensee is not under investigation or prosecution in any jurisdiction for an action that would constitute a violation of Chapter 489, Part I, F.S., or if so until such time as the investigation or prosecution is complete; and (b) The licensee has not been disciplined, other than a notice of noncompliance, a letter of guidance or a citation. (4) Any current active certified Division II licensee (excluding pool service, internal pollutant storage tank lining applicator, precision tank tester, and air conditioning “C”), who is an applicant for any other state certified Division II or Division I licensure examination, shall not be required to take the business and finance portion of the exam, provided: (a) The licensee is not under investigation or prosecution in any jurisdiction for an action that would constitute a violation of chapter 489, part I, or if so, until such time as the investigation or prosecution is complete; and (b) The licensee has not been disciplined, other than a notice of noncompliance, letter of guidance or a citation. Rulemaking Authority 489.108 FS. Law Implemented 455.217(1)(b) FS. History–New 1-24-96, Amended 10-4-99. 61G4-16.0021 Written Examination for Swimming Pool Specialty Contractors. (1) The examination for licensure for any category of swimming pool specialty contractor as specified in Rule 61G4-15.032, F.A.C., shall consist of a written examination or a practical examination. The written examination shall test the applicant’s ability to perform the scope of work for the category of swimming pool specialty contractor for which the applicant applied. (2) Requirements for all written Swimming Pool Specialty Contractor Examinations. Each examination must test the following areas: (a) 15% Reading, understanding and interpreting scaled pool construction plans and surveys. (b) 5% Understanding and complying with job-site safety requirements. (c) 5% Handling and properly disposing of hazardous materials. (d) 5% Recognizing the tools required to do the job and exhibit the ability to properly use those tools. (3) Additional test areas for each category of swimming pool specialty contractor examination are as follows: (a) Swimming Pool Layout Specialty Contractors. The examination for swimming pool layout specialty contractors shall evaluate the following areas:
274. 8% Accurate location of a base line or center line of the pool with reference to fixed objects shown on the layout plan.
275. 8% Lay out of pool, including proper leveling techniques for the shell to plus or minus 1/4th inch and verifying the calculations to accommodate the coping or deck edge trim, finished deck elevation and existing patios, floors, and landscape.
276. 5% Verifying lay out calculations to accommodate anticipated water runoff (drainage).
277. 5% Understanding effective methods of managing ground water (dewatering).
278. 8% Understanding excavation in accordance with plans and specifications and back up methods in the event of a cave in.
279. 8% Placing and stabilizing forms.
280. 8% Piping, fittings and proper solvent weld procedures.
281. 15% Understanding the installation of structural steel in accordance with the plan and code requirements.
282. 5% Modification of bond beam steel. (b) Swimming Pool Structural Specialty Contractor. The examination for swimming pool structural specialty contractors shall evaluate the following areas:
283. 10% Use of guide wires or piano wire.
284. 5% Proper use of concrete pump and air compressor for installation of pneumatically applied concrete.
285. 10% Inspection of forms, wall fittings, drains, light niches, steel placement.
286. 10% The properties of concrete, including slump and the use of samples.
287. 15% Proper use of gunite or shotcrete placement on pool walls and floors, including finishing techniques.
288. 10% Knowledge of dimensional requirements for features such as steps and benches.
289. 10% The ability to read and understand manufacturer’s installation instructions for fiberglass and/or vinyl liner pool structures. (c) Examination for Swimming Pool Excavation Specialty Contractor. The examination for swimming pool excavation specialty contractor shall evaluate the following areas:
290. 5% Site preparation.
291. 10% Effective methods of managing ground water (dewatering).
292. 10% Operation of excavation machines.
293. 20% Angle of repose and shoring requirements.
294. 10% Understanding of different soil conditions.
295. 5% Proper placement of excavated materials.
296. 10% Backfill and compact of fill material. (d) Examination for Swimming Pool Trim Specialty Contractor. The examination for swimming pool trim specialty contractors shall evaluate the following areas:
297. 5% Preparation and use of “brown coat” or “parge” mix.
298. 15% Methods of setting a vertical waterline tile job with horizontal alignment of plus or minus 1/8 inch.
299. 10% Proper installation procedures for tile and water features per manufacturer’s instructions, including step edge tile.
300. 15% Leveling the top of the beam(s) to plus or minus 1/8 inch.
301. 10% Use of bullnose brick as the pool coping, including miter joints in the coping.
302. 5% Custom grout color.
303. 5% Proper cleaning of tile and coping to remove masonry stains.
304. 5% Understand effective methods of managing ground water (dewatering). (e) Examination for Swimming Pool Decking Specialty Contractor. The examination for swimming pool decking specialty contractors shall evaluate the following areas:
305. 5% Operation of an under-pool dewatering system.
306. 5% Layout of deck, including verification of angles and deck dimensions.
307. 5% Calculations to accommodate anticipated water runoff (drainage) and installation of a deck drainage system.
308. 5% Understanding of backfill and compaction procedures for sub-deck materials.
309. 5% Understanding of the properties of concrete and calculation of the amount of concrete required for the job.
310. 5% Understanding proper elevation and pitch requirements to insure proper drainage.
311. 5% Understanding accurate angles and locate pin points.
312. 5% Understanding reinforcement requirements for concrete.
313. 10% Proper placement and finishing procedures for concrete.
314. 5% Understanding of thermal expansion and contraction of concrete and methods to accommodate it.
315. 5% Removal and disposition of concrete forms and forming materials.
316. 5% Setting anchors, ladders, and handrails.
317. 5% Pressurized piping procedures and maintenance. (f) Examination for Swimming Pool Piping Specialty Contractor. The examination for swimming pool piping specialty contractors shall evaluate the following areas:
318. 10% Swimming pool piping plan.
319. 15% Proper handling and solvent welding of PVC.
320. 10% Understanding of the different applications for different solvent weld cements.
321. 10% Proper testing and pressurization procedures for pool piping systems.
322. 25% Proper installation procedures for pool piping, circulation, sanitation, filtration, hydraulics and venting and related equipment in accordance with manufacturer’s instructions. (g) Examination for Swimming Pool Finishes Specialty Contractor. The practical examination for swimming pool finishes specialty contractors shall evaluate the following areas:
323. 10% Operation of under-pool dewatering systems.
324. 10% Proper shell preparation.
325. 5% Installing and repairing step or underwater bench trim tile.
326. 15% Plaster mixtures, including admixtures.
327. 20% Proper application of finish to a swimming pool structure.
328. 10% Demonstrate an understanding of application and filling procedures per manufacturer’s instructions to insure a clean smooth finish and a watertight condition. (4) The score necessary to achieve a passing grade on any swimming pool specialty contractors examination shall be no less than seventy (70) percent out of one hundred (100) percent of the total possible points on the examination. Rulemaking Authority 455.217(1), 489.113(6), 489.115(5) FS. Law Implemented 455.217(1), 489.113(6), 489.115(5) FS. History–New 3-21-06, Amended 9-10-08, 4-26-12, 4-8-15. 61G4-16.0031 Practical Examination for Swimming Pool Specialty Contractors. (1) Scope of Rule. The scope of this rule is to provide the practical examination requirements for the voluntary certification of swimming pool specialty contractors. (2) Practical Examination Required. The examination for licensure for any category of swimming pool specialty contractor as specified in Rule 61G4-15.032, F.A.C., shall consist of a practical examination. (a) The practical examination shall test the applicant’s ability to perform the scope of work for the category of swimming pool specialty contractor for which the applicant applied. (b) The practical examination for any category of swimming pool specialty contractor shall have a maximum time limit of 14 days. (c) An applicant must be working under the supervision and within the scope of work of a contractor licensed pursuant to Sections 489.105(3)(j)-(k), F.S, at the time of the examination. (d) An applicant must make all arrangements to secure an appropriate location at which to perform the practical examination. These arrangements include all appropriate equipment and permissions for the presence of the practical examiner. (e) An applicant must arrange for a practical examiner who meets the requirements in subsection (3) to administer the practical examination. These arrangements include payment of the fee to the proctor. (3) Examiners for Practical Examinations. The practical examination shall be given by an examiner who is a contractor licensed pursuant to Sections 489.105(3)(j)-(k), F.S., and whose scope of work includes the category of swimming pool specialty contractor to be tested. (a) The practical examiner must register with the department by completing a prescribed form and paying a fee of $50 biannually. (b) The practical examiner must take a two (2) hour orientation course addressing protocols and techniques for administering practical examinations from a provider approved by the board. Orientation course approval and provider approval shall follow the processes provided for in Chapter 61G4-18, F.A.C. (c) The practical examiner must agree to administer any and all practical examinations fairly and without bias for or against an applicant. (d) The practical examiner must acknowledge that he or she will be subject to discipline for improper acts or administration of any practical examination. (e) The practical examiner may not charge any more than $200 for administering, to completion, any practical examination. The practical examiner may not allow any practical examination to go beyond the maximum time limit of fourteen (14) days. The practical examiner may not accept any additional monies related to the administration of the practical examination. (f) A practical examiner may not employ or contract with an applicant or other contractor on the site at which a practical examination is to be administered. (g) A practical examiner may not administer practical examinations for more than five (5) applicants at a time on any one site. A practical examiner must, however, take all reasonable efforts to ensure that only the work of the applicant is evaluated in the practical examination. (h) The practical examiner shall have the responsibility of notifying the applicant of the scores received on the practical examination, on form DBPRCILB4373 (July 10, 2006), effective October 10, 2006, which is incorporated herein by reference. The form may be obtained through www.myflorida.com. (i) The practical examiner must maintain all records of the applicant’s examination and scores for 2 years. (j) The applicant shall provide the Department with the written result of the examination with the application for swimming pool specialty contractor’s license. (k) The practical examiner must agree to hold the department harmless for any accident or injury resulting from the administration of any practical examination. (4) Requirements for All Practical Examinations. (a) Each practical examination must test the following areas, which shall account for thirty (30) percent of each examination:
329. 15% Reading, understanding and interpreting scaled pool construction plans and surveys.
330. 5% Understanding and complying with job-site safety requirements.
331. 5% Handling and properly disposing of hazardous materials.
332. 5% Recognizing the tools required to do the job and exhibit the ability to properly use those tools. (b) The score necessary to achieve a passing grade on any swimming pool specialty contractors practical examination shall be no less than seventy (70) percent out of one hundred (100) percent of the total possible points on the practical examination. (5) Practical Examination for Swimming Pool Layout Specialty Contractors. The practical examination for swimming pool layout specialty contractors shall evaluate, through the use of a grading sheet which includes spaces for grading and comments by the practical examiner, the following areas: (a) 8% Accurately locating and staking out a base line or center line of the pool being built with reference to fixed objects shown on the layout plan. (b) 8% Laying a pool out ready to be formed, including proper leveling techniques for the shell to plus or minus 1/4th inch and verifying the calculations that illustrate how the layout elevations will accommodate the coping or deck edge trim and how the finished deck elevation will meet existing finished elevations on the project such as existing patios, floors, and the surrounding landscape. (c) 5% Verifying the calculations necessary to show that the pool layout, including decks and retaining walls will accommodate anticipated water runoff (drainage). (d) 5% Understanding effective methods of managing ground water (dewatering). (e) 8% Supervising an excavation according to the swimming pool plan(s) and/or specifications that insures that the walls and floor are shaped according to plans, and demonstrate the skills required to place backboard materials in the event of a cave in. (f) 8% Properly placing and stabilizing forms. (g) 8% Installing the piping and fittings required before installing the rough structure of a swimming pool, displaying proper solvent weld procedures. (h) 15% Cutting and bending steel reinforcing bars, installing the structural steel in accordance with the pool plan, verifying that ties and overlaps are in accordance with code requirements, and showing that by proper blocking, the steel will have adequate and proper concrete coverage. (i) 5% Maintaining the continuity of bond beam steel in cases where the beam is modified, including skimmer openings and step-ups in the beam such as raised beams and planters. (6) Practical Examination for Swimming Pool Structural Specialty Contractor. The practical examination for swimming pool structural specialty contractors shall evaluate, through the use of a grading sheet which includes spaces for grading and comments by the practical examiner, in the following areas: (a) 10% Set guide wires or piano wire to insure that concrete walls are true and proper thickness. (b) 5% Set up a concrete pump with an air compressor for the proper installation of pneumatically applied concrete. (c) 10% Conduct an inspection for proper placement of forms, wall fittings, drains, light niches, steel placement, and the use of steel carrier chairs. (d) 10% Demonstrate an understanding of the properties of concrete, including slump and the importance of taking a batch sample. (e) 15% Demonstrate proper gunite or shotcrete placement on pool walls and floors, including finishing techniques. (f) 10% Knowledge of dimensional requirements for features such as steps and benches. (g) 10% The ability to read and understand manufacturer’s installation instructions for fiberglass and/or vinyl liner pool structures, if applicable. (7) Practical Examination for Swimming Pool Excavation Specialty Contractor. The practical examination for swimming pool excavation specialty contractors shall evaluate, through the use of a grading sheet which includes spaces for grading and comments by the practical examiner, in the following areas: (a) 5% Prepare a swimming pool construction site by grubbing or removing sod. (b) 10% Understand effective methods of managing ground water (dewatering). (c) 10% Operate an excavation machine such as a backhoe, tracked backhoe, or tracked excavator. (d) 20% Excavate for a swimming pool according to the plan(s) and/or specifications. The walls and floor shall be shaped according to the swimming pool plan and demonstrate an understanding of the angle of repose and shoring requirements. (e) 10% Understanding of different soil conditions. (f) 5% Proper placement of excavated materials. (g) 10% Backfill a swimming pool structure and compact the fill material. (8) Practical Examination for Swimming Pool Trim Specialty Contractor. The practical examination for swimming pool trim specialty contractors shall evaluate, through the use of a grading sheet which includes spaces for grading and comments by the practical examiner, in the following areas: (a) 5% Prepare a “brown coat” or “parge” mix. Correct any misalignment in the swimming pool walls with a “brown coat.” (b) 15% Set a vertical waterline tile job with horizontal alignment of plus or minus 1/8 inch. (c) 10% Demonstrate proper installation procedures for tile and water features per manufacturer’s instructions, including step edge tile, to insure a watertight condition and the ability to install a complete waterline with a fully bedded mud bed. (d) 15% Level the top of the beam(s) to plus or minus 1/8 inch. (e) 10% Set bullnose brick as the pool coping, including miter joints in the coping. (f) 5% Mix a custom grout color. (g) 5% Properly clean tile and coping to remove masonry stains. (h) 5% Understand effective methods of managing ground water (dewatering). (9) Practical Examination for Swimming Pool Decking Specialty Contractor. The practical examination for swimming pool decking specialty contractors shall evaluate, through the use of a grading sheet which includes spaces for grading and comments by the practical examiner, in the following areas: (a) 5% Operate an under-pool dewatering system. (b) 5% Layout and form a deck, including verification of angles and deck dimensions. (c) 5% Perform the calculations to show that the deck layout will accommodate anticipated water runoff (drainage). Install a deck drainage system such as a deck drain. (d) 5% Understanding of backfill and compaction procedures for sub-deck materials. (e) 5% Demonstrate an understanding of the properties of concrete including time from batching, hydration, slump, and the effects of weather conditions. Calculate the amount of concrete required for the job. (f) 5% Understand proper elevation and pitch requirements to insure proper drainage. (g) 5% Understand the geometry of how to create accurate angles and locate pin points. (h) 5% Understand reinforcement requirements for concrete. (i) 10% Demonstrate proper placement and finishing procedures for concrete. (j) 5% Understanding of thermal expansion and contraction of concrete and methods to accommodate it. (k) 5% Remove and dispose of concrete forms and forming materials. (l) 5% Set anchors and/or ladders, handrails, etc. straight and true. (m) 5% Be aware of pressurized piping procedures and the requirement that they be maintained during the forming process and placement of concrete decking. (10) Practical Examination for Swimming Pool Piping Specialty Contractor. The practical examination for swimming pool piping specialty contractors shall evaluate, through the use of a grading sheet which includes spaces for grading and comments by the practical examiner, in the following areas: (a) 10% Read, understand, and interpret a swimming pool piping plan. (b) 15% Install pool piping, including the proper handling and solvent welding of PVC. (c) 10% Understanding of the different applications for different solvent weld cements. (d) 10% Proper testing and pressurization procedures for pool piping systems. (e) 25% Proper installation procedures for pool piping, circulation, sanitation, filtration, hydraulics and venting and related equipment in accordance with manufacturer’s instructions. (11) Practical Examination for Swimming Pool Finishes Specialty Contractor. The practical examination for swimming pool finishes specialty contractors shall evaluate, through the use of a grading sheet which includes spaces for grading and comments by the practical examiner, in the following areas: (a) 10% Operate an under-pool dewatering system. (b) 10% Understand proper shell preparation to insure a tight bond and a watertight application, including the areas around all shell penetrations, and the neutralizing of all cleaning agents. (c) 5% Install/repair step or underwater bench trim tile. (d) 15% Mix plaster, including admixtures. (e) 20% Properly apply plaster finish to a swimming pool structure in the correct thickness. Insure that plaster was troweled sufficiently. (f) 10% Demonstrate an understanding of application and filling procedures per manufacturer’s instructions to insure a clean smooth finish and a watertight condition. (12) Retaking a Practical Examination. An applicant who fails to achieve a passing score on a practical examination must wait two (2) weeks before attempting to retake the practical examination for the category of specialty pool contractor which the applicant failed. The applicant is required to repay the fees provided in paragraph (3)(e) of this rule. Rulemaking Authority 455.217(1), 489.108 FS. Law Implemented 455.217(1), 489.109, 489.113(6) FS. History–New 2-16-06, Amended 10-10-06. 61G4-16.004 Oral Examinations. (1) The general areas of competency to be covered by the oral certification examinations, the relative weight to be assigned in grading each area tested, the passing score, and the reexamination procedures for all contracting categories for which Section 489.113(10), F.S., allows an applicant to petition the Board to be administered an oral examination shall be the same as those specified in Rule 61G4-16.001, F.A.C., for the written certification examinations for those categories. This includes all categories except General and Building Contractors. (2) The oral certification examinations and the procedures used to administer them shall be the same as the written certification examinations and procedures for the contractor category except that: (a) The Department shall provide an individual who will read the examination materials aloud to the applicant who is being administered an oral certification examination and (b) The applicant shall be allowed twice as much time to complete the oral certification examination as that allowed for the completion of the written certification examination. Rulemaking Authority 489.113(7) FS. Law Implemented 489.113(7) FS. History–New 1-6-80, Formerly 21E-16.04, Amended 6-2-88, Formerly 21E-16.004. 61G4-16.005 Duration of Validity. For the purpose of certification, a passing grade shall be valid only for a period of four (4) years from the date of the most recently passed portion of the exam. Rulemaking Authority 455.217(2) FS. Law Implemented 455.217(2), 489.113(1) FS. History–New 1-6-80, Formerly 21E-16.05, Amended 12-17-85, 8-11-92, Formerly 21E-16.005, Amended 8-9-10, 3-26-17. 61G4-16.007 Security and Monitoring Procedures for Certification Examination. The following procedures are hereby established concerning the security and monitoring of the certification examination: (1) The Board hereby adopts and approves the security and monitoring procedures for licensure examinations utilized by the Department of Business and Professional Regulation with the following additional provisions as set forth in subsection (2) of this rule. In case of conflict, the provisions of this rule shall prevail. (2) Review of examination by Board members. Board members are authorized to review the certification examination given in the category which they represent. Rulemaking Authority 455.217(1)(e) FS. Law Implemented 455.217(1)(e) FS. History–New 10-14-81, Amended 7-31-83, Formerly 21E-16.07, Amended 4-16-92, Formerly 21E-16.007, Amended 9-3-96, 11-25-97. 61G4-16.009 Examination and Reexamination. (1)(a) The general areas of competency to be covered by the examination for general, building, residential, sheet metal, roofing, class A and B air conditioning, mechanical, commercial pool/spa, residential pool/spa, swimming pool/spa servicing, plumbing, underground utility and excavation, specialty structure, solar, pollutant storage, gypsum drywall, glass and glazing, and gas line contractors, and the relative weight to be assigned in grading each area tested shall be as specified in Rule 61G4-16.001, F.A.C. (b) Reexamination.
333. A candidate who:
     1. Fails to achieve a passing score on any of the tests referenced to in Rule 61G4-16.001, F.A.C. above; or
     2. Fails to appear for a scheduled test shall be required to pay the reexamination fee as set forth in paragraph (3)(c) below.
334. A candidate shall be required to retake only the tests on which he or she failed to achieve a passing score or failed to appear to take when scheduled. However, a candidate must pass all tests within four years of the first attempt; after which time all past test scores of the candidate shall be considered invalid and he or she shall be required to take all parts of the test as specified in Rule 61G4-16.001, F.A.C.
335. A candidate who fails to achieve a passing score on the examination in whole or in part must submit an application to retake the certification examination to the examination vendor no less than thirty (30) days prior to the administration of the examination the candidate wishes to take provided he or she pays all appropriate fees as set forth in subsection (3) below. (2) Manner of Application for Examination and Scheduling. An original application for examination must be received by the examination vendor at least thirty (30) days prior to the administration of the examination the applicant wishes to take. All applicants must present a valid picture identification issued by a governmental agency at the examination site prior to taking the examination. (3) Fees. (a) All application and examination fees submitted for examination administration are non-refundable. (b) The original application and examination fee shall be the same as specified in paragraph 61G4-12.009(1)(a), F.A.C. Said fee shall cover both the processing of the application and the administration of the examination. (c) The reexamination fee shall be the same as specified in paragraph 61G4-12.009(1)(b), F.A.C. Said fee shall cover both the processing of the application and the administration of the examination. (d) The fee for initial licensure shall be the same as specified in subsection 61G4-12.009(4), F.A.C. Said fee may be submitted along with the application for the examination and is refundable should the applicant fail to pass said examination. (4) The only paper that shall be graded in a certification examination is the official answer sheet. No credit shall be given for answers written in an examinee’s booklet. (5) Applicants for any specialty license are exempt from examination, provided they meet the following requirements: (a) On or after June 30, 2021, held a valid registered local license issued by a local jurisdiction, such as a competency card, in any Florida Jurisdiction in one of the specialty license types; (b) Has not had said license disciplined within the last five (5) years, and said license is not currently pending discipline; (c) Has, for the requested license type, passed a written examination that the board finds to be substantially similar to the examination required to be licensed as a certified specialty contractor as enumerated above. For the purposes of this subsection, a written, proctored examination produced by the National Assessment Institute, Block and Associates, NAI/Block, Experior Assessments, Professional Testing, Inc., or Assessment Systems, Inc., shall be considered to be substantially similar to the required examination; and (d) The application for same is received by the Board no later than July 1, 2030. Rulemaking Authority 455.217(2), 455.219(1), 489.108, 489.129(2) FS. Law Implemented 455.217, 489.109, 489.111 FS. History–New 2-25-93, Formerly 21E-16.009, Amended 10-17-93, 7-20-94, 11-25-97, 9-15-99, 4-26-00, 10-24-00, 2-6-03, 1-10-05, 11-3-06, 5-8-07, 12-6-11, 8-26-24, Technical Change 4-2-26.

Chapter 61G4-17 DISCIPLINARY GUIDELINES

Fla. Admin. Code R. 61G4-17 DISCIPLINARY GUIDELINES

CHAPTER 61G4-17 DISCIPLINARY GUIDELINES 61G4-17.001 Normal Penalty Ranges 61G4-17.002 Aggravating and Mitigating Circumstances 61G4-17.003 Repeat Violations 61G4-17.005 Penalties Cumulative and Consecutive 61G4-17.006 Mitigation; Notice of Mitigation and Aggravation (Repealed) 61G4-17.007 Probation 61G4-17.008 Stipulations (Repealed) 61G4-17.009 Violations of Provisions of This Chapter (Repealed) 61G4-17.001 Normal Penalty Ranges. (1) The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this chapter. For the purposes of this rule, the descriptions of the violations are abbreviated, and the full statute or rule cited should be consulted to determine the prohibited conduct.

PENALTY RANGE

VIOLATION MINIMUM MAXIMUM

(a) Section 489.129(1)(a), F.S. Obtaining license through fraud or misrepresentation.

If misrepresentation

If fraud

$5,000 fine and probation or suspension.

$5,000 fine and probation or suspension.

$5,000 fine and revocation.

$10,000 fine and revocation.

(b) Sections 489.129(1)(b), 455.227(1)(c), F.S. Convicted or found guilty of a crime relating to contracting. $3,500 fine or probation or suspension. $10,000 fine and probation, suspension or revocation.

(c) Section 489.129(1)(c), F.S.: Violating any part of Chapter 455, F.S.

1. Section 455.227(1)(a), F.S.: Fraud, deceit, misleading, or untrue representations. $5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation.

2. Section 455.227(1)(r), F.S.: Improperly interfering with an investigation or disciplinary action. $5,000 fine or probation or suspension. $10,000 fine and probation, suspension or revocation.

(d) Section 489.129(1)(d), F.S.: Assisting unlicensed person to evade provision of Chapter 489, F.S. $5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation.

(e) Section 489.129(1)(e), F.S.: Combining and conspiring with unlicensed person or entity to evade provision of Chapter 489, F.S. $5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation.

(f) Sections 489.129(1)(f), F.S.: Acting under a name not on license.

FIRST OFFENSE

SECOND OFFENSE

$1,500 fine.

$2,500 fine.

$5,000 fine and probation or suspension.

$5,000 fine and suspension or revocation.

(g) Section 489.129(1)(g), F.S.: Mismanagement or misconduct causing financial harm to the customer.

FIRST OFFENSE

REPEAT OFFENSE

$1,500 fine or probation or suspension.

$2,500 fine and probation or suspension.

$5,000 fine and probation or suspension, or revocation.

$7,500 fine and revocation.

(h) Section 489.129(1)(h), F.S.: Local disciplinary action. Use penalty herein listed for the violation most closely resembling the act underlying the local discipline. Use penalty herein listed for the violation most closely resembling the act underlying the local discipline.

(i) Section 489.129(1)(i), F.S.: Failing in any material respect to comply with the provisions of Part I of Chapter 489, F.S. Use penalty herein listed for the violation most closely resembling the act underlying the local discipline. Use penalty herein listed for the violation most closely resembling the act underlying the local discipline.

1. Section 489.1195(2)(e), F.S.: Failure to supervise construction activities.

FIRST OFFENSE

REPEAT OFFENSE

$2,500 fine and probation or suspension.

$5,000 fine and probation or suspension.

$5,000 fine and probation or suspension.

$10,000 fine and revocation.

2. Sections 489.113, 489.117, F.S.: Contracting beyond scope of practice allowed by license, no safety hazard.

FIRST OFFENSE

REPEAT OFFENSE

$1,000 fine or probation or suspension.

$5,000 fine and probation or suspension.

$3,000 fine and probation or suspension.

$10,000 fine and revocation.

3. Sections 489.113, 489.117, F.S.: Contracting beyond scope of license, safety hazard is created.

FIRST OFFENSE

REPEAT OFFENSE

$4,000 fine and probation or suspension.

$5,000 fine and probation or suspension.

$8,000 fine and probation, suspension or revocation.

$10,000 fine and revocation.

4. Section 489.1425, F.S.: Failure to notify residential property owner of recovery fund.

FIRST OFFENSE

REPEAT OFFENSE

$250 fine.

$1,000 fine.

$500 fine.

$1,000 fine.

5. Section 489.116, F.S.: Contracting with a delinquent license.

FIRST OFFENSE

REPEAT OFFENSE

$1,500 fine, respondent must pay all fees and costs required to place license in current and active status, or probation or suspension.

$2,500 fine, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension.

$2,500 fine, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension.

$5,000 fine and suspension or revocation, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension.

6. Section 489.116, F.S.: Contracting with an inactive license. $5,000 fine and probation or suspension. $10,000 fine and revocation.

7. Section 489.117, F.S.: Contracting in a city or county where the contractor is not licensed. First violation, where the jurisdiction is not adjacent to one where contractor is properly licensed, or practice outside the geographical scope of the license was willful. $1,000 fine or probation or suspension. $2,500 fine and probation or suspension.

8. Section 489.119, F.S.: Failure to qualify a business organization.

FIRST OFFENSE

REPEAT OFFENSE

$2,500 fine.

$5,000 fine.

$5,000 fine and probation or suspension.

$10,000 fine and probation, suspension or revocation.

9. Section 489.119(5)(b), F.S.: License number not appearing in advertisement.

FIRST OFFENSE

REPEAT OFFENSE

$250 fine.

$500 fine.

$1,000 fine.

$2,500 fine and probation.

10. Section 489.124, F.S.: Failure to keep business and financial records as required. $1,000 fine. $5,000 fine and revocation.

11. Section 489.126(2), F.S.: Failure to apply for all necessary permits within 30 days of entering contract or failure to start within 90 days after issuance of all necessary permits when the contractor receives an initial payment of more than 10 percent of the contract price for repair, restoration, improvement or construction to residential real property.

FIRST OFFENSE

REPEAT OFFENSE

$2,500 fine or probation or suspension.

$5,000 fine and probation or suspension.

$5,000 fine and probation or suspension.

$10,000 fine and probation, suspension or revocation.

(j) Section 489.129(1)(j), F.S.: Abandonment.

FIRST OFFENSE

REPEAT OFFENSE

$2,500 fine and probation or suspension.

$5,000 fine and probation or suspension.

$7,500 fine and probation, suspension, or revocation.

$10,000 fine and revocation.

(k) Section 489.129(1)(k), F.S.: False payment statements, false statement of insurance coverage.

1. False payment statement.

FIRST OFFENSE

REPEAT OFFENSE

$2,500 fine.

$5,000 fine and/or probation or suspension.

$7,500 fine and probation or suspension.

$10,000 fine and revocation.

2. False statement of insurance coverage.

FIRST OFFENSE

REPEAT OFFENSE

$1,000 fine and probation or suspension.

$5,000 fine and probation or suspension.

$5,000 fine and probation or suspension.

$10,000 fine and probation, suspension or revocation.

(l) Section 489.129(1)(l), F.S.: Committing fraud or deceit in the practice of contracting.

1. Causing no monetary or other harm to licensee’s customer. $2,500 fine and probation or suspension. $5,000 fine and revocation.

2. Causing monetary or other harm to licensee’s customer. $5,000 fine and probation or suspension. $10,000 fine and revocation.

(m) Section 489.129(1)(m), F.S.; Misconduct or incompetency in the practice of contracting, shall include, but is not limited to:

1. Failure to honor a warranty.

FIRST OFFENSE

REPEAT OFFENSE

$1,000 fine or probation or suspension.

$2,500 fine and probation or suspension.

$2,500 fine and probation or suspension.

$5,000 fine and revocation.

2. Violation of any provision of Title 61G4, F.A.C., or Chapter 489, Part I, F.S.

FIRST OFFENSE

REPEAT OFFENSE

$1,000 fine or probation or suspension.

$5,000 fine and probation or suspension.

$2,500 fine and probation or suspension.

$10,000 fine and suspension or revocation.

3. Failure to abide by the terms of a mediation agreement or another offense under this part.

FIRST OFFENSE

REPEAT OFFENSE

$2,500 fine.

$5,000 fine and probation or suspension.

$5,000 fine and probation.

$10,000 fine and suspension or revocation.

(n) Section 489.129(1)(n), F.S.: Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property.

FIRST OFFENSE

REPEAT OFFENSE

$3,000 fine and probation or suspension.

$10,000 fine and suspension.

$5,000 fine and probation, suspension or revocation.

$10,000 fine and revocation.

(o) Section 489.129(1)(o), F.S.: Proceeding on any job without obtaining applicable local building department permits and/or inspections.

1. Late permits. Contractor pulls permit after starting job but prior to completion of same and does not miss any inspections. $250 fine. $3,000 fine and probation.

2. Failure to obtain inspections.

FIRST OFFENSE

REPEAT OFFENSE

$500 fine.

$2,500 fine and probation or suspension.

$2,500 fine and probation or suspension.

$5,000 fine revocation.

3. Job finished without a permit having been pulled, or no permit until caught after job, or late permit during the job resulting in missed inspection or inspections.

FIRST OFFENSE

REPEAT OFFENSE

$1,000 fine.

$5,000 fine.

$5,000 fine and probation.

$10,000 fine and suspension or revocation.

(p) Section 489.129(1)(p), F.S.: Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under part I of chapter 713, F.S., or a notice to contractor under chapter 255 or part I of chapter 713, F.S.

FIRST OFFENSE

REPEAT OFFENSE

$2,500 fine and probation or suspension.

$5,000 fine and probation or suspension.

$5,000 fine and suspension or revocation.

$10,000 fine and revocation.

(q) Section 489.129(1)(q), F.S.: Failure to satisfy a civil judgment obtained against the licensee or the business organization qualified by the licensee within a reasonable time. For purposes of this section “reasonable time” means sixty (60) days following the entry of a civil judgment that is not appealed. The Board will consider a mutually agreed upon payment plan as satisfaction of such judgment, so long as the payments are current.

FIRST OFFENSE

REPEAT OFFENSE

$500 fine or proof of satisfaction of civil Judgment.

$5,000 fine or proof of satisfaction of civil judgment.

$5,000 fine and proof of satisfaction of civil Judgment and probation, suspension, or revocation.

$10,000 fine or proof of satisfaction of civil judgment, and probation, suspension or revocation.

(r) Section 489.147(2)(a), F.S.: Soliciting a residential property owner by means of a prohibited advertisement.

FIRST OFFENSE

REPEAT OFFENSE

$250 fine.

$1,000 fine and probation or suspension.

$500 fine and probation.

$2,500 fine and probation, suspension or revocation.

(s) Section 489.147(2)(b), F.S.: Offering to a residential property owner a rebate, gift, gift card, cash, coupon, waiver of any insurance deductible, or any other thing of value in exchange for:

1. Allowing the contractor to conduct an inspection of the residential property owner’s roof; or
2. Making an insurance claim for damage to the residential property owner’s’ roof.

FIRST OFFENSE

REPEAT OFFENSE

$500 fine

$1,000 fine and probation or suspension.

$1,000 fine and probation.

$5,000 fine and probation, suspension or revocation.

(t) Section 489.147 (2)(c), F.S.: Offering, delivering, receiving, or accepting any compensation, inducement, or reward, for the referral of any services for which property insurance proceeds are payable. Payment by the residential property owner or insurance company to a contractor for roofing services rendered does not constitute compensation for referral.

FIRST OFFENSE

REPEAT OFFENSE

$1,000 fine and probation.

$5,000 fine and probation or suspension.

$5,000 fine and probation.

$5,000 fine and probation.

(u) Section 489.147(2)(d), F.S.: Interpreting policy provisions or advising an insured regarding coverage or duties under the insured’s property insurance policy or adjusting a property insurance claim on behalf of the insured, unless the contractor holds a license as a public adjuster pursuant to Part IV of Chapter 626, F.S.

FIRST OFFENSE

REPEAT OFFENSE

$500 fine.

$1,000 fine and probation or suspension.

$1,000 fine and probation.

$5,000 fine and probation, suspension, or revocation.

(v) Section 489.147 (2)(e), F.S.: Providing an insured with an agreement authorizing repairs without providing a good faith estimate of the itemized and detailed cost of services and materials for repairs undertaken pursuant to a property insurance claim. A contractor does not violate this paragraph if, as a result of the process of the insurer adjusting a claim, the actual cost of repairs differs from the initial estimate.

FIRST OFFENSE

REPEAT OFFENSE

$1,000 fine and probation.

$5,000 fine and probation, suspension or revocation.

$5,000 fine and probation.

$10,000 fine and probation, suspension, or revocation.

(w) Section 489.147(6), F.S.: Failure to include cancellation notice in residential roof repair or replacement contracts during a declaration of a state of emergency.

FIRST OFFENSE

REPEAT OFFENSE

$250 fine.

$1,000 fine.

$500 fine.

$1,000 fine.

(x) Section 489.147(7), F.S.: Failure to include insurance notice in residential roof repair or replacement contract.

FIRST OFFENSE

REPEAT OFFENSE

$250 fine.

$1,000 fine.

$500 fine.

$1,000 fine.

(y) Section 553.899(12), F.S.: Failure to disclose a conflict of interest related to a milestone inspection or structural integrity reserve study.

FIRST OFFENSE

REPEAT OFFENSE

$1,000 fine.

$2,500 fine.

$2,500 fine.

$5,000 fine.

(2) In instances where the nature of the charges or the facts of the case indicate that the respondent lacks understanding of the laws and rules regulating the construction industry, the board shall require continuing education hours as an additional penalty to the guidelines listed above. All continuing education hours assessed as part of a penalty shall be in excess of the credit hours required for biennial renewal as stated in this act and rules. (3) For purposes of these guidelines, violations for which the Respondent has previously been issued a citation pursuant to Section 455.224, F.S., and Rule 61G4-19.001, F.A.C., shall be considered repeat violations. (4) In addition, the board shall assess the costs of investigation and prosecution, excluding costs related to attorney time. (5) In addition, the board shall order the contractor to make restitution in the amount of financial loss suffered by the consumer to the extent that such order does not contravene federal bankruptcy law. (6) The absence of any violation from this chapter shall be viewed as an oversight, and shall not be construed as an indication that no penalty is to be assessed. The guideline penalty for the offense most closely resembling the omitted violation shall apply. Rulemaking Authority 455.227, 455.3373, 489.108, 489.129 FS. Law Implemented 455.227, 455.2273, 489.129 FS. History–New 10-26-86, Amended 12-21-92, Formerly 21E-17.001, Amended 11-2-93, 10-12-94, 7-2-95, 9-3-96, 10-31-96, 2-4-98, 8-2-98, 2-2-04, 1-24-05, 11-2-06, 2-3-15, 5-24-15, 12-6-22, 6-30-24, 1-18-26. 61G4-17.002 Aggravating and Mitigating Circumstances. Circumstances which may be considered for the purposes of mitigation or aggravation of penalty shall include the following: (1) Monetary or other damage to the licensee’s customer, in any way associated with the violation, which damage the licensee has not relieved, as of the time the penalty is to be assessed. (This provision shall not be given effect to the extent it would contravene federal bankruptcy law.) (2) Actual job-site violations of building codes, or conditions exhibiting gross negligence, incompetence, or misconduct by the licensee, which have not been corrected as of the time the penalty is being assessed. (3) The danger to the public. (4) The number of complaints filed against the licensee. (5) The length of time the licensee has practiced. (6) The actual damage, physical, economic, or otherwise, caused by the licensee’s violation. (7) The deterrent effect of the penalty imposed. (8) The effect of the penalty upon the licensee’s livelihood. (9) Any efforts at rehabilitation. (10) Any other mitigating circumstances. Rulemaking Authority 455.2273 FS. Law Implemented 455.2273 FS. History–New 10-26-86, Formerly 21E-17.002, Amended 8-20-03, 6-17-20. 61G4-17.003 Repeat Violations. (1) As used in this rule, a repeat violation is any violation on which disciplinary action is being taken where the same licensee had previously had disciplinary action taken against him or received a letter of guidance in a prior case; and said definition is to apply regardless of whether the violations in the present and prior disciplinary actions are of the same or different subsections of the disciplinary statutes. (2) The penalty given in the above list for repeat violations is intended to apply only to situations where the repeat violation is of a different subsection of Chapter 489, F.S., than the first violation. Where, on the other hand, the repeat violation is the very same type of violation as the first violation, the penalty set out above will generally be increased over what is otherwise shown for repeat violations in the above list. Rulemaking Authority 455.2273 FS. Law Implemented 455.2273 FS. History–New 10-26-86, Formerly 21E-17.003, Amended 11-25-97. 61G4-17.005 Penalties Cumulative and Consecutive. Where several of the above violations shall occur in one or several cases being considered together, the penalties shall normally be cumulative and consecutive. Rulemaking Authority 455.2273 FS. Law Implemented 455.2273 FS. History–New 10-26-86, Formerly 21E-17.005. 61G4-17.006 Mitigation; Notice of Mitigation and Aggravation. Rulemaking Authority 455.2273, 455.2275 FS. Law Implemented 455.2273 FS. History–New 10-26-86, Formerly 21E-17.006, Repealed 2-27-12. 61G4-17.007 Probation. Probation may also be assessed in any case where, in the board’s opinion, it is advisable for the public welfare, in order to assure that the licensee operates properly and within the law in the future, to require the licensee to report to the Board periodically, or to otherwise serve a probationary period. Failure to comply with the terms and conditions of probation shall be prima facie evidence of misconduct as defined by Section 489.129, F.S. Rulemaking Authority 489.129 FS. Law Implemented 489.129 FS. History–New 10-26-86, Amended 4-18-89, Formerly 21E-17.007. 61G4-17.008 Stipulations. Rulemaking Authority 455.2273, 455.2275 FS. Law Implemented 455.2273 FS. History–New 10-26-86, Formerly 21E-17.008, Repealed 1-7-16. 61G4-17.009 Violations of Provisions of This Chapter. Rulemaking Authority 489.108, 489.129(3) FS. Law Implemented 489.129(3) FS. History–New 12-21-92, Formerly 21E-17.009, Amended 6-27-95, Repealed 2-27-12.

Chapter 61G4-18 CONTINUING EDUCATION

Fla. Admin. Code R. 61G4-18 CONTINUING EDUCATION

CHAPTER 61G4-18 CONTINUING EDUCATION 61G4-18.001 Continuing Education Requirements for Certificateholders and Registrants 61G4-18.002 Definitions 61G4-18.003 Registration of Course Providers 61G4-18.004 Approval of Continuing Education Courses 61G4-18.005 Qualifications of Course Instructors 61G4-18.006 Course Syllabus 61G4-18.007 Required Records Maintained by Course Providers 61G4-18.009 Certifications of Completion 61G4-18.010 Advertising of Continuing Education Courses 61G4-18.011 Continuing Education Courses Required by Disciplinary Action 61G4-18.012 Fees 61G4-18.013 Exam Development 61G4-18.014 Continuing Education Seminars (Repealed) 61G4-18.001 Continuing Education Requirements for Certificateholders and Registrants. (1) Each person who is certified or registered by the Board must, as a condition of each renewal of the certificate or registration, obtain at least 14 classroom or interactive distance learning hours of continuing education in one or more courses from a continuing education provider approved by the Board. Of the required 14 hours of continuing education, up to four (4) hours of credit may be earned by attending a meeting of the Board wherein disciplinary cases are considered. The first complete hour of attendance will satisfy the requirement for continuing education in laws and rules regulating the construction industry, pursuant to paragraph (2)(e), below. At least seven (7) days advance notice of the intent to attend the disciplinary case session must be given to the Board, and the licensee must check in with Board staff prior to the beginning of the disciplinary proceedings. The licensee must sign in and out at breaks and at lunchtime. After the conclusion of the meeting, Board staff will issue a certificate of attendance to the licensee. The licensee must submit documentation of such participation to the Department within five (5) days of the date of issuance of the certificate of attendance. A maximum of four (4) hours will be allowed during a renewal cycle. Credit hours shall be awarded on an hour for hour basis up to a maximum of four hours. Credit hours may not be earned when the licensee attends a disciplinary case session as a party to a disciplinary action. (2) All registered contractors and certified contractors are required to complete fourteen (14) hours of continuing education each renewal cycle. Of the fourteen (14) hours, one (1) hour shall be required in each of the following topics: (a) Specialized or advanced module course approved by the Florida Building Commission, or the Board; (b) Workplace safety; (c) Business practices; (d) Workers’ compensation; and (e) Laws and rules regulating the construction industry; (f) Wind mitigation methodologies, if license is held in the following category: General, Building, Residential, Roofing, Speciality Structure, or Glass and Glazing. (g) Pool electrical requirements, if license is held in the following category: Commercial pool/spa, Residential pool/spa, Swimming pool/spa servicing, or Residential pool/spa servicing specialty. (h) Cementitious Cladding, Stucco, Plastering and Lath application and repair methodologies, if license is held in the following category: General, Building, Residential, or Specialty Structure. The remaining hours may include any of the aforementioned subject matter or general topics as defined hereinafter. (3) The content of Board approved courses must be business, trade, workers’ compensation, laws and rules related to the construction industry, or safety topics relevant to the construction industry. For purposes of this rule: (a) Business practice topics include bookkeeping and accounting practices; managing cash flow; estimating and bidding jobs; negotiating and interpreting contracts and agreements; processing change orders; controlling purchasing; scheduling; controlling expenses; insurance and bonding related to construction; complying with payroll and sales tax laws; interpreting financial statements and reports related to construction; complying with Florida laws and rules related to construction, and Chapter 682, F.S., Arbitration Code, Chapter 713, F.S., Florida Construction Lien Law, and Chapter 553, F.S., Building Construction Standards. (b) Trade related courses may be used to satisfy the “general” requirements. These courses may include topics considered as contract administration and project management activities, including management and operation of the day-to-day activities of a construction contracting firm and advanced knowledge of the trade in which the contractor is licensed. Examples include, but are not limited to: preconstruction activities, including design and structural loading; project contracts; permits; plan and specification approvals; construction procedures and operations; methods, materials, tools and equipment as codified in the CSI 16 Division Format or ASTM; maintenance and service; reading plans and specifications; code updates pursuant to Chapter 553, F.S., and related statutes. (c) Safety courses include courses related to job site safety in the following topics: OSHA safety; workplace safety programs; safety manuals; procedure of testing and use of tools and equipment. (d) Workers’ compensation courses include: Compliance with Chapter 440, F.S.; drug free workplace; calculating and assigning workers’ compensation costs; premium modification and adjustments. (e) Laws and rules related to the construction industry found in Chapters 489, Part I, and 455, F.S., Division 61G4, F.A.C. (f) Wind mitigation methodology, as limited to those topics listed in Section 553.844(2)(b)1.-5., F.S. (2007). (g) Pursuant to Section 489.115(4)(b)2., F.S., specialized continuing education courses approved for the purpose of allowing Division I certificateholders or registrants to certify plans and specifications on compliance with the wind resistance provisions for one and two family dwellings contained in the Florida Building Code and alternate methodologies approved by the Florida Building Commission are required to comply with the Florida Building Code and must require the demonstration of proficiency at the completion of such course. (h) Cementitious or synthetic cladding courses include courses related to the application and repair of cementitious or synthetic material in building, including but not limited to stucco, plastering, glazing, “EIFS” (exterior insulating finishing system) or any other applied cementitious or synthetic texture as it relates to the prevention and mitigation of water intrusion. (4) A person who holds more than one certificate or registration issued by the Board is required to complete the continuing education requirements only once during each biennial certification renewal period and only once during each biennial registration period, providing all applicable license numbers to the course provider at the time of registration to ensure proper reporting of CE hours. Workers’ compensation, work place safety and business practice courses approved for the continuing education requirements for persons certified or registered under Chapter 489, Part II, F.S., shall be accepted for continuing education for renewal under this rule. (5) Any course approved for the continuing education requirements for persons certified under Chapter 468, Part XII, F.S., which meet the criteria for course content approved by this Board, shall be accepted for continuing education for renewal under this rule, for persons who are certified under part XII or who are certified or registered under this part. (6) The Board shall grant a maximum of four (4) hours of continuing education credit, on an hour for hour basis, to any licensee who participates as a member of any technical advisory committee to the Florida Building Code Commission within the Department of Business and Professional Regulation. The licensee must submit documentation of such participation to the Department within five (5) days of the date of completion. (7) Continuing education credit shall be granted to instructors, teachers, lecturers, panelists and discussion leaders of a specific continuing education course, on an hour for hour basis, for the first presentation each renewal cycle. (8) Continuing education credit for a specific course will be awarded only once for each renewal cycle. (9) A person is not required to complete any continuing education requirements for the year in which a certificate or a registration is initially issued. Any person who obtains a certificate or a registration more than 12 months prior to the end of a biennial period is required to complete seven hours of approved continuing education as a condition of the first renewal of the certificate or registration. (10) Credit may be earned for assisting in exam development. (See Rule 61G4-18.013, F.A.C.) (11) A person is not required to complete any of the above continuing education requirements while his or her license is in an inactive status. However, registrants and certificateholders who change licensure status from inactive to active must show proof of completion of fourteen (14) hours of continuing education as required for active renewal for the biennium previous to the requested license activiation. (12) Any course approved for the continuing education requirements for persons certified under Chapter 489, Parts I and II, F.S., shall be accepted for continuing education for renewal under this rule. Rulemaking Authority 455.213(6), 455.2177, 455.2178, 455.2179, 489.108, 489.115 FS. Law Implemented 455.2123, 455.213(6), 455.2177, 455.2178, 455.2179, 455.271(6), 489.115, 489.116 FS. History–New 12-2-93, Amended 5-19-94, 8-16-94, 10-12-94, 1-18-95, 2-4-98, 5-11-99, 7-12-99, 1-23-00, 2-1-00, 12-27-00, 3-25-01, 7-26-04, 9-1-05, 9-27-06, 9-1-07, 11-15-07, 11-17-08, 10-23-12, 3-31-13, 7-19-17, 5-28-18, 6-26-23. 61G4-18.002 Definitions. When used in this rule, the following terms shall have the following meanings: (1) “Board” means the Construction Industry Licensing Board. (2) “Course” means any course, seminar or other program of instruction which has been approved by the board for the purpose of complying with continuing education requirements for contractors. “Course” also means any successfully completed core curriculum, construction or business related, course in an accredited two-year or four-year college program leading to a construction or business related degree. (3) “Classroom Hour” means fifty minutes of instruction, exclusive of any breaks, recesses, or other time not spent in instruction. (4) “Interactive Distance Learning Hour” means fifty minutes of instruction presented in an alternative nonclassroom interactive distance learning setting, exclusive of any breaks, recesses, or other time not spent in instruction. (5) “Interactive Distance Learning” means the delivery of educational offerings or courses via the internet and/or other interactive electronic media. Such offerings or courses shall be interactive, providing for the interchange of information between the student, and teacher, and shall provide for the registration, evaluation, monitoring, and verification of continuing education. (6) “Course Provider” or “Continuing Education Provider” means the person or legal entity who is registered pursuant to this rule and who is responsible for conducting a course approved pursuant to this rule. The course provider or continuing education provider is responsible for maintaining records regarding the name and license number of each person who attends a continuing education course and for reporting the attendance to the Department in the format and timeframe specified by the Department. (7) “Person” means any natural person and does not include any corporation, partnership or other type of legal entity. Rulemaking Authority 455.213(6), 455.2179, 489.108, 489.115 FS. Law Implemented 455.213, 455.2178, 489.115 FS. History–New 12-2-93, Amended 5-17-99, 5-30-00, 3-25-01, 5-28-08. 61G4-18.003 Registration of Course Providers. (1) Each provider must submit the registration and the course for approval on the Provider Approval Application provided by the Department. (2) The course provider registration will expire on May 31 of every odd-numbered year and must be renewed to remain valid. (3) The course provider must submit to the board, in writing, notice of any changes in the information provided in the initial registration of the course provider. The notification must be made within 30 days following the date the change is effective. (4) The board shall maintain a list of all course provider registered with the board. (5) The board shall deny approval of, suspend, or revoke the registration of any course provider for any of the following acts or omissions: (a) Obtaining or attempting to obtain registration or course approval through fraud, deceit, false statements, or misrepresentation of material facts, whether such statements or misrepresentations are made knowingly or negligently. (b) Failing to provide complete and accurate information in the initial registration or in any notification of change in information. (c) Failing to timely notify the board of a change in the information required for registration of course providers. (d) Falsifying of any records regarding the continuing education courses conducted by the course provider or the persons who attended the courses. (e) Failing to maintain any required records regarding the continuing education courses conducted by the course provider or the persons who attended the courses, including the failure to timely report the names and license numbers of all persons who attended any approved courses in the format and timeframe specified by the Department. (f) Failing to adequately train the staff responsible for taking attendance at any approved course, failing to verify attendance through photo identification or through a method of identification approved with the course application, and for failing to submit the attendance files electronically to the Department in the format and timeframe specified by the Department. (g) Failing to provide the board with copies of any document or other information required to be maintained by the course provider pursuant to this rule. (h) Advertising that a course has been approved by the board prior to the date the approval is granted. (i) Failing to include provider and course numbers in advertisements. (j) Failing to disclose in the registration of any course provider any person or entity required to be disclosed. (k) Disclosing in the registration of any course provider any person or entity required to be disclosed whose course provider registration has been previously suspended or revoked. (l) Failing to maintain a record of course instructors, as required by subsection 61G4-18.007(2), F.A.C. (m) Failing to resolve course attendance reporting problems. (n) Failing to comply with all duties imposed on providers in Section 455.2178, F.S. (6) A course provider who has had a certificate of registration revoked may not reapply for two (2) years from the date of revocation. Rulemaking Authority 455.213(6), 455.2179, 489.108, 489.115 FS. Law Implemented 455.213, 455.2178, 455.2179, 489.115 FS. History–New 12-2-93, Amended 1-18-95, 6-5-95, 8-10-95, 11-25-97, 4-15-99, 3-25-01, 7-7-05, 5-15-08, 12-13-09. 61G4-18.004 Approval of Continuing Education Courses. (1) Each registered course provider shall submit an application for approval of a continuing education course. The application shall be submitted on the provider/course approval application provided by the Department. (2) The board shall approve any course, seminar or conference in the construction area provided by any university, community college, vocational-technical center, public or private school, firm, association, organization, person, corporation, or entity which meets the criteria provided in this rule, provided said entity has registered as a provider with the board. (3) The application shall include the total number of classroom or interactive distance learning hours, the course syllabus, a detailed outline of the contents of the course, the name and qualifications of all instructors known at the time of the application and the minimum qualifications of any instructors not known at the time of the application. Course instruction time shall be separated into intervals of no more than twenty-five (25) minutes. Each interval shall contain a descriptive outline stating the subject matter in such detail so as to describe the content of the interval. In addition, a course provider making application to offer interactive distance learning must submit documents indicating the following: (a) The means by which the course will demonstrate interactivity between the student and course provider within a maximum of 24 hours, which promotes student involvement, and demonstrates that the course measures learning and addresses comprehension of content at regular intervals. (b) The means by which the course provider is able to monitor student enrollment, participation and course completion. (c) The means by which the course provider will be able to satisfactorily demonstrate that stated course hours are consistent with the actual hours spent by each student to complete the course. (d) The means by which the provider will assure qualified instructor(s) will be available to answer questions and provide students with necessary support during the duration of the course. (e) That the student will be required to complete a statement at the beginning and end of the course that indicates that he/she personally completed each module/session of instruction. (f) The means by which the course provider will verify student identification. (4) The board shall approve continuing education courses which appropriately relate to the general business skills or the technical skills required of certificateholders or registrants, which contains sufficient educational content to improve the quality of a contractor’s performance, and which is taught by qualified instructors. (5) A continuing education course which addresses specific technical materials or trade knowledge shall be approved. (6) A course which constitutes a sales presentation or promotion will not be approved for continuing education credit. (7) Continuing education course approval is valid for three (3) years from date of issue, provided no substantial change is made in the course and the approval status of the provider has not expired or been suspended or revoked. Substantial changes made in any course will require a new approval of that course. A provider must reapply for course approval ninety (90) days prior to the date of expiration of course approval in order to prevent a lapse in course approval. (8) The board shall approve or deny any application for a continuing education course at the first meeting of board held no more than 90 days after the date the application was submitted. If the application is denied, the board shall identify the specific reasons for the denial in writing. (9) A course which has been denied may be resubmitted to the board with modifications. (10) The board shall not deny nor withdraw approval for any course on the basis that another course provider is conducting the same or similar course approved by the board. (11) If a course is approved, the board shall assign the course a number. The course provider shall use the course number in the course syllabus, in all other course materials used in connection with the course and in all written advertising materials used in connection with the course. Rulemaking Authority 455.213, 455.2123, 489.108, 489.115 FS. Law Implemented 455.213, 455.2123, 455.2179, 489.115 FS. History–New 12-2-93, Amended 7-20-94, 1-18-95, 7-2-95, 11-25-97, 5-30-00, 3-25-01, 11-10-03, 1-24-05, 8-28-05, 4-17-08, 9-20-15, 7-4-16. 61G4-18.005 Qualifications of Course Instructors. (1) All course instructors shall be qualified, by education or experience, to teach the course, or parts of a course, to which the instructor is assigned. (2) Any person with a four year college degree or graduate degree is qualified to teach any course in their field of study provided they are currently active in their respective field. (3) Any active or inactive state certified or registered contractor, or standard licensed inspector, standard licensed plans examiner, or standard licensed building code administrator with at least five years experience may teach any technical course regarding construction within the scope of their license. However, no individual whose license is suspended or revoked as a result of any licensing Board discipline shall teach or serve as a continuing education course instructor. (4) The board may not reject a course based upon the proposed instructors, but may approve a course contingent on certification by the course provider that all instructors meet those minimum requirements before conducting that course, and before advertising that the course is approved for continuing education credit. (5) A course provider may request approval by the board regarding the qualifications of a particular instructor for a particular course. Rulemaking Authority 489.108, 489.115 FS. Law Implemented 489.115 FS. History–New 12-2-93, Amended 11-25-97, 10-8-09. 61G4-18.006 Course Syllabus. (1) Each course shall have a course syllabus which will specify the name of the course, the number of the course assigned by the board, the name and address of the course provider and a description or outline of the contents of the course. (2) Each person who registers for a course must be given the course syllabus prior to the beginning of the course. The syllabus may be distributed when the person registers their attendance at the course. Rulemaking Authority 489.108, 489.115 FS. Law Implemented 489.115 FS. History–New 12-2-93. 61G4-18.007 Required Records Maintained by Course Providers. Each course provider must maintain the following records with respect to each course: (1) The time, date and place each course is completed. (2) The name, address and qualifications of each instructor who teaches any portion of the course and whether each instructor has been approved by the board. (3) The name, address and certificate or registration number of each person who registered for the course. (4) The original sign-in sheet used at the site of the course to register persons who attend each course. The sign-in sheet shall require every person to print their name, list their contractor’s license number and sign their name. (5) The course syllabus used for each course. (6) For interactive distance learning courses, in lieu of the original sign-in sheet required in subsection (4), the course provider shall maintain and provide a record of the registration, login, course access log, including total time accumulated which demonstrates that course hours are consistent with the actual hours it takes to complete the course, and course completion date and time. In lieu of providing a document bearing the contractor’s signature, the course provider shall provide the student’s identity verification data, which shall include the student’s password and the student’s mother’s maiden name. (7) Each person who successfully completes an approved course shall be issued a certificate of completion by the course provider. The certificate of completion shall contain the name and the certification or registration number of the person who completed the course, the course provider, the course name, the course number, the date(s) the course was offered, the total number of continuing education hours successfully completed in each subject covered by the course, and whether the course includes workers’ compensation, workplace safety or business practices. (8) The course provider must electronically provide to the Department the list of attendees at each of its offered courses within thirty (30) calendar days of the completion of the course or prior to the licensee’s renewal date, whichever occurs sooner. This list shall include the provider’s name and provider number, the name and certification or registration number of the attendee, the date the course was completed, and the course number. (9) All documents from the provider must be submitted electronically to the Department and must be in a form as agreed to by the Department and the provider. Failure to comply with the time and forms requirements will result in disciplinary action taken against the provider and affect the course approval. (10) Each continuing education provider must maintain its attendance records for at least four (4) years after the completion of each course. Upon request, these records must be made available for inspection by the Department or its agent at a reasonable time and location. Each course provider shall provide the Department with copies of any of these required records, upon request by the Department. (11) The Department shall initiate disciplinary action against a continuing education provider either by request of the Board or on its own motion for failure to comply with its duties under this section. Rulemaking Authority 455.2123, 455.213(6), 455.2178, 489.108, 489.115(4)(b) FS. Law Implemented 455.2123, 455.213(6), 455.2178, 489.115(4)(b) FS. History–New 12-2-93, Amended 7-2-95, 11-25-97, 4-15-99, 5-30-00, 3-25-01, 7-26-04, 3-15-05. 61G4-18.009 Certifications of Completion. (1)(a) It is the certificateholder’s or registrant’s responsibility to maintain proof of completion of continuing education courses for three years. (b) Proof of completion may be substantiated by an affidavit of the course provider, a certificate of completion issued by the course provider, or a certified copy of a school transcript. If none is available an affidavit of two other persons who attended the course, accompanied by certificates of completion for each, will be accepted. (2) Falsifying or fraudulently representing completion of required continuing education courses in order to renew a certificate or registration, or failing or refusing to provide proof of completion of such courses, shall be a violation of Section 489.129(1)(a), F.S., punishable by penalties up to and including revocation of the certificate or registration. Rulemaking Authority 455.213(6), 489.108, 489.115 FS. Law Implemented 489.115, 489.129(1)(a), (8) FS. History–New 12-2-93, Amended 1-18-95, 4-15-99, 3-25-01. 61G4-18.010 Advertising of Continuing Education Courses. (1) A course provider may not advertise a course as one approved by the board for continuing education until such approval is granted by the board. (2) A course provider may not include any false or misleading information regarding the contents, instructors or number of classroom hours of any course approved under this rule. (3) A course provider must include its provider number and course number(s) in all advertising. Rulemaking Authority 489.108, 489.115 FS. Law Implemented 489.115 FS. History–New 12-2-93, Amended 1-18-95. 61G4-18.011 Continuing Education Courses Required by Disciplinary Action. (1) Courses approved under Rules 61G4-18.001-.011, F.A.C., shall be accepted as compliance with final orders of the board requiring continuing education. (2) The certificates of completion of such courses shall be forwarded to the executive director of the board within the time limits stated in the final order. Rulemaking Authority 489.108, 489.115 FS. Law Implemented 489.115 FS. History–New 12-2-93. 61G4-18.012 Fees. (1) The fee for registering each continuing education provider shall be two hundred fifty dollars ($250.00). (2) The fee for reviewing each continuing education course approval application shall be twenty-five dollars ($25.00) per credit hour, not to exceed one hundred fifty dollars ($150.00) per course. Rulemaking Authority 489.108, 489.115 FS. Law Implemented 455.2179(3), 489.109, 489.115 FS. History–New 12-2-93, Amended 1-18-95. 61G4-18.013 Exam Development. (1) Notwithstanding any of the foregoing provisions, the Board shall grant continuing education credits to any licensee who participates in exam development with the approval of the Board upon electronic submission of documentation of such participation within five (5) business days of the date of participation by either the Department or a testing provider under contract with the Department. (2) One (1) continuing education credit hour shall be given for every fifty (50) minute clock hour of participation in exam development. (3) Exam development specifically includes all exam question development activities and workshops on task analyses. Rulemaking Authority 489.108, 489.115(4) FS. Law Implemented 489.115(4) FS. History–New 11-12-95, Amended 2-6-96, 3-25-01. 61G4-18.014 Continuing Education Seminars. Rulemaking Authority 489.108, 489.115(4) FS. Law Implemented 489.115(4) FS. History–New 4-15-99, Repealed 11-2-09.

Chapter 61G4-19 CITATION AUTHORITY

Fla. Admin. Code R. 61G4-19 CITATION AUTHORITY

CHAPTER 61G4-19 CITATION AUTHORITY 61G4-19.001 Citations 61G4-19.001 Citations. The following violations of Section 489.129(1), F.S., may be resolved by the issuance of a citation pursuant to Section 455.224, F.S., and Title 61G4, F.A.C. Where a provision other than s. 489.129(1), F.S., is cited as the basis for a violation, the violation is of Section489.129(1)(j), F.S., by violating the referenced statute, rule, or board order. (1) Section 489.129(1)(o): $100.00 fine

Failure to timely obtain permit.

(2) Section 489.129(1)(o): $100.00 fine

Failure to obtain required inspections.

(3) Section 489.119: $100.00 fine

Failure to include license number when

submitting an advertisement for

publication, broadcast, or printing.

(4) Sections 489.119, 489.129(1)(f): $100.00 fine

Acting in name other than that appearing

on license.

(5) Section 489.114, Rule 61G4-15.003: $100.00 fine

Failure to maintain proof of current

workers compensation or public liability

insurance.

(6) Rule 61G4-15.007: $100.00 fine

Failure to inform CILB of change of name

style, address, or that licensee has ceased

qualifying a business.

(7) Section 489.129(1)(i), Rule 61G4-17.007: $200.00 fine

Failure to make proper probation

appearance.

(8)(a) Section 489.117(1)(b): $100.00 fine

Contracting outside geographical scope of

license with no consumer harm; where

activity in adjacent jurisdiction to one

where contractor is properly licensed,

violation is not willful.

(b) Section 489.117(1)(b): $500.00 fine

Contracting outside geographical scope of

license with no consumer harm under

circumstances other than paragraph (9)(a),

above.

(9) Section 489.116(1): $250.00 fine, in addition to all applicable

Contracting on an inactive or delinquent fees.

license, where the license is renewed or

reactivated within thirty (30) days of the

issuance of a citation.

(10) Section 489.129(1)(d): $500.00 fine

Assisting unlicensed person or entity, with

no consumer harm.

(11) Section 489.105(3): $250.00 fine

Contracting outside authorized scope of

work, with no consumer harm, safety

hazard, or threat to public safety.

(12) Sections 489.115(1), 489.117(1)(a): $100.00 fine

Failure to register local license with CILB

prior to contracting.

(13) Section 489.124: $100.00 fine

Failure to keep business and financial

records as required.

(14) Sections 489.129(1)(c), 455.227(1)(r): $1000.00 fine

Improperly interfering with an

investigation or disciplinary action.

(15) Section 489.129(1)(a): $500.00 fine

Obtaining a certificate or registration by

fraud or misrepresentation which includes

renewal thereof.

In addition to the penalties specified above, the department may recover the costs of investigation associated with the citation. Citations shall be issued pursuant to this rule where no harm to consumers results from the violation. A licensee who has been issued three citations for the same offense shall be prosecuted pursuant to Section 455.225, F.S., for any subsequent violations. The disposition of reported violations prosecuted pursuant to Section 455.225, F.S., shall be according to Rule Chapter 61G4-12, F.A.C., and/or Rule Chapter 61G4-17, F.A.C. To the extent that any of these violations are appropriate for resolution by the issuance of a notice of noncompliance pursuant to Section 455.225(3), F.S., and Rule 61G4-23.001, F.A.C., the initial offense of a minor violation will be dealt with accordingly. Where a licensee fails to commence corrective action with 15 days of the Department’s issuance of a notice of noncompliance or where the offense is other than the initial one, the Department may issue a citation pursuant to this rule. Specific Authority 455.224, 489.105 FS. Law Implemented 455.224, 455.225(3) FS. History–New 1-19-92, Amended 12-21-92, Formerly 21E-19.001, Amended 10-12-94, 3-26-95, 6-5-95, 8-10-95, 1-1-96, 2-26-96, 11-25-97, 4-27-99, 4-24-01.

Chapter 61G4-20 LOCAL DISCIPLINARY ACTIONS

Fla. Admin. Code R. 61G4-20 LOCAL DISCIPLINARY ACTIONS

CHAPTER 61G4-20 LOCAL DISCIPLINARY ACTIONS 61G4-20.001 Local Disciplinary Actions 61G4-20.001 Local Disciplinary Actions. (1)(a) In order for a local government to issue local licenses or certificates of competency, and before the Board will issue registrations for contractors defined in Section 489.105(3)(a)-(o), F.S., the local government shall have identified a local government body having the authority to discipline such contractors in the manner described in Section 489.131(7), F.S., for violations set forth in Section 489.129(1), F.S., or the local governing ordinance. (b) The membership of such local government body having the authority to discipline state registered contractors shall, whenever practical, include at a minimum an architect, a business person, an engineer, and at least one contractor who is registered or certified under Sections 489.105(3)(a)-(c), F.S., and one contractor who is registered or certified under Sections 489.105(3)(d)-(o), F.S. (2) Disciplinary actions taken against such locally licensed contractors shall provide due process protections consistent with the Florida and United States Constitutions, including at a minimum: notice to the contractor of the charges against the contractor by personal service, certified mail, or notice by publication in accordance with Section 120.60(7), F.S. (1995); notice of any action being considered against the contractor; and notice of an opportunity for the complainant and the contractor to present evidence and testimony on his or her behalf. If the local government body does not preserve testimony given at its disciplinary hearings, it shall advise the contractor in the notice of the hearing that he or she must make his or her own arrangements to preserve the testimony given at the hearing. (3) Orders imposing disciplinary action against a contractor shall contain, at a minimum, the following: (a) A clear statement of the violations charged; (b) A clear statement of the factual basis for the charges; (c) Evidence that the contractor was given notice of the charges, and of an opportunity to appear and present evidence and testimony regarding the charges; (d) Findings of fact made by the disciplinary authority; (e) Conclusions of law which demonstrate that the facts alleged constitute violations of Section 489.129(1), F.S., or of the governing local ordinance; (f) A statement of the penalty and any reasonable investigative and legal costs imposed against the local license or certificate of competence; (g) A recommendation by the local government body to the Construction Industry Licensing Board for action to be taken against the state registration; (h) A clear statement informing the contractor of the right to appeal the action against the local license, and of the right of the contractor to challenge the recommendation to the Construction Industry Licensing Board. (4) The local government recommendation to the board, for purposes of any challenge to said recommendation, shall be considered to have been issued upon receipt by the board. Recommendations by local government bodies and challenges shall be mailed to: Executive Director, Florida Construction Industry Licensing Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-1039. The local government body shall submit copies of the following documents to the Construction Industry Licensing Board along with the recommendation: (a) The Administrative Complaint; (b) Minutes or a transcript of the hearing; (c) Any exhibits considered by the local government body; and, (d) If a challenge is filed, upon request of the Board or the Department, proof of service, or, if not perfected, proof of attempts to obtain service. (5) In order to facilitate the process established by this rule all local governments who intend to engage in the disciplinary process are encouraged to use the sample formats for Administrative Complaints and Orders provided by the Board. (6) Submission of a resolution or ordinance from the appropriate City Council, County Commission or appropriate governing body stating that the procedures established in this rule shall be utilized by the local licensing body along with the utilization of the sample administrative complaint and order forms referenced above shall be considered prima facie evidence of compliance with the requirements of Sections 489.117(2) and 489.131(7), (10), F.S. (7) For purposes of this rule, “reasonable investigative and legal costs” shall include the cost of any consultation with an expert witness for the prosecution of the violation. (8) Orders imposing disciplinary action against a contractor that do not contain the minimum items, terms, or conditions set out in paragraphs (3)(a)-(h) and (4)(a)-(d) above shall be reviewed by Board staff, and the following actions shall be taken: (a) Contact the local jurisdiction to obtain any attachments required under paragraphs (4)(a)-(d) above which were omitted; (b) Route local disciplinary orders to the designated processing point for prosecutor review upon receipt of the required attachments; and, (c) Provide a copy of those local jurisdiction orders to the Board counsel and prosecuting attorney. (9) Local orders imposing disciplinary action on certified contractors shall be forwarded to the appropriate consumer complaints analyst as an attachment to a uniform complaint form. Rulemaking Authority 120, 489.108, 489.113, 489.117 FS. Law Implemented 489.117(2), 489.131 FS. History–New 5-23-94, Amended 10-17-96, 4-27-99.

Chapter 61G4-21 CONSTRUCTION INDUSTRIES RECOVERY FUND

Fla. Admin. Code R. 61G4-21 CONSTRUCTION INDUSTRIES RECOVERY FUND

CHAPTER 61G4-21 CONSTRUCTION INDUSTRIES RECOVERY FUND 61G4-21.001 Florida Homeowners’ Construction Recovery Fund (Repealed) 61G4-21.002 Definitions 61G4-21.003 Filing Claims 61G4-21.004 Claims Review 61G4-21.005 Payment of Claims 61G4-21.006 Subrogation and Assignment 61G4-21.001 Florida Homeowners’ Construction Recovery Fund. Rulemaking Authority 489.108 FS. Law Implemented 489.140-.143 FS. History–New 7-11-95, Amended 7-7-05, Repealed 2-27-12. 61G4-21.002 Definitions. (1) “All reasonable searches and inquiries,” as provided in Section 489.141(1), F.S., shall mean that reasonable efforts have been made to determine whether the contractor possesses any property or assets with which to satisfy the underlying judgment, order of restitution, or award in arbitration, in whole or in part, and that no such property or assets have been identified or located. Reasonable searches and inquiries can be evidenced by documentation of the following claimant’s efforts: (a) To locate the contractor; (b) To discover if the contractor has assets from which to collect the judgment such as accounts and real or personal property and equipment; (c) To collect against any applicable bond issued with the contractor as the principal and that is payable to the claimant; and, (d) To file a garnishment against the contractor when the action is financially feasible under the circumstances. Such documentation means proof from the claimant that the claimant has conducted a property records search in the licensee’s state(s) of residence and principal place of business, and has made inquiries with the Department of Highway Safety and Motor Vehicles, and such other proof as the Construction Industry Licensing Board may from time to time require in particular instances. For claims seeking $15,000 or less, evidence that the contractor’s license is suspended due to nonpayment of ordered restitution or fines; or evidence of a Final Order of the Board showing that the contractor was prosecuted for nonpayment of a civil judgment will satisfy the requirement for all reasonable searches and inquiries. (2) “Diligent Attempt,” as provided in Section 489.141, F.S., shall have the same meaning as “all reasonable searches and inquiries” in subsection (1), above. (3) “Same Transaction” as used in Section 489.143(3), F.S., and for purposes of this rule, means a contract, or any series of contracts, between the claimant and a contractor or qualified business, where such contract or contracts involve the same property, or contiguous properties and are either entered into at one time or serially. (4) “Recovery Fund” as used in these rules shall mean the Florida Homeowners’ Construction Recovery Fund. (5) “Actual Damages” as used in Section 489.143(2), F.S., shall mean the general measure of damages suffered as a direct result of a licensee’s violation of Section 489.129(1)(g), (j), (k), or 713.35, F.S., for failing to perform a construction contract. Actual Damages are calculated as the difference between the contract price, together with the change orders, and the cost of construction completion by another builder, where the cost of completion is for the same scope of work and materials set out in the original contract. However, if the claimant has paid a deposit or down payment and no actual work is performed or materials are delivered, actual damages shall not exceed the exact dollar amount of the deposit or down payment. Rulemaking Authority 489.108, 489.141(3) FS. Law Implemented 489.141, 489.143, 489.1402 FS. History–New 7-11-95, Amended 11-13-97, 3-10-03, 7-7-05, 4-27-08, 12-20-16, 5-11-21. 61G4-21.003 Filing Claims. (1) A claim against the Recovery Fund shall be made on Form DBPR/CILB/022, (Rev. December 2024) “Florida Homeowners’ Construction Recovery Fund Claim Form,” hereby adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-18047. The address of the Fund where the form can be obtained is: 2601 Blair Stone Road, Tallahassee, FL 32399-1039. The Fund phone number is (850)921-6593. (2) Completed claim forms shall be forwarded to the Board, together with a copy of the complaint that initiated action against the contractor, a certified copy of the underlying judgment, order of restitution, or award in arbitration, together with the judgment; a copy of any contract between the claimant and the contractor, including change orders; proof of payment to the contractor and/or subcontractors; copies of any liens and releases filed against the property, together with the Notice of Claim and Notice to Owner; copies of applicable bonds, sureties, guarantees, warranties, letters of credit; certified copies of levy and execution documents, and proof of all efforts and inability to collect the judgment or restitution order, and other documentation as may be required by the Board to determine causation of injury or specific actual damages. (3) Where the final judgment, board restitution order, or arbitration award is not expressly based on Section 489.129(1)(g), (j) or (k), F.S., claimant must present to the Board sufficient evidence to show that the contractor engaged in activity that is described in those subsections. (4) In the event that the contractor filed for protection under the bankruptcy code, claimant must show that a diligent attempt was made to participate in the distribution of assets, if any. If there were no assets for unsecured creditors, failure to participate in the bankruptcy shall not be grounds for claim denial. (5) If claimant dies before a claim is filed, claimant’s estate is authorized to file a claim on claimant’s behalf. If there is no estate, claimant’s personal representative is authorized to file a claim on claimant’s behalf. (6) If claimant dies after a claim is filed, but before a claim is adjudicated, claimant’s estate is authorized to proceed on claimant’s behalf. If there is no estate, claimant’s personal representative is authorized to proceed on claimant’s behalf. Rulemaking Authority 489.108, 489.141(3) FS. Law Implemented 489.141 FS. History–New 7-11-95, Amended 7-1-96, 7-7-05, 4-27-08, 3-18-10, 12-20-16, 5-11-21, 6-24-25. 61G4-21.004 Claims Review. (1) No claims will be accepted until 35 days after the date indicated on the final judgment, board restitution order, or arbitration award. (a) A claim number shall not be assigned until a completed and signed fund claim form, as incorporated in Rule 61G4-12.006, F.A.C., is received, along with the documentation required in Rule 61G4-21.003, F.A.C. (b) Upon receipt of the completed claim form, notice will be given to the contractor(s) and the licensee determined to be the qualifier(s) of the business entity involved in the contract. Notice shall be given to the mailing address as it appears in the Department records. (2) Claims shall be reviewed for completeness by Board staff. (3) The Board hereby delegates to the Department authority to issue a closing order for any claim when: (a) The claimant is a licensee who acted as the contractor; (b) The claimant is the spouse of the judgment debtor or licensee or a personal representative of such spouse; (c) The claim is based upon a construction contract in which the licensee was acting with respect to the property owned or controlled by the licensee; (d) The claim is based upon a construction contract in which the contractor did not hold a valid and current license at the time of the construction contract; (e) The claimant was associated in a business relationship with the licensee other than the contract at issue; (f) When, after notice, the claimant has failed to provide documentation in support of the claims required by rule; (g) Where the licensee has reached the aggregate limit, or (h) The claimant has contracted for scope of work described in Section 489.105(3)(d)-(q), F.S., prior to July 1, 2016. For the purpose of oversight by the Board, the Recovery Fund’s legal staff shall, on a monthly basis, provide the Chairperson, or the Chairperson’s delegate with copies of all closing orders filed in the preceding period. (4) The chairperson of the Construction Industry Licensing Board shall appoint a committee, comprised of at least one member from Division I and one member from Division II, to review claims against the fund, and recommend action to the Board. (5) The Board shall give notice to the claimant, the contractor and the licensee of the time and place where the committee will review the claim and the Board will take action on the claim. Claim cases will not be set on the committee agenda for review unless all the major elements of the claim are present. These are: (a) A completed and signed claim form; (b) A final judgment, board restitution order, or arbitration award; (c) Evidence of a violation of Section 489.129(1)(g), (j), or (k), F.S.; and, (d) Evidence that all reasonable searches and inquiries have been undertaken. (6) Claims shall be set for presentation in claim number order. (7) The Board shall either authorize payment of the claim in full or in part, or deny the claim in full, by entry of a Final Order in accordance with Section 489.143, F.S. Action by the Board shall be considered final agency action. (8) Board staff shall provide the recovery fund committee information each month showing all payments approved and made to claimants. Rulemaking Authority 489.108, 489.142(1) FS. Law Implemented 489.141, 489.142(1), 489.143, 489.1402 FS. History–New 7-11-95, Amended 4-27-99, 7-7-05, 4-27-08, 12-20-16, Technical Change 5-29-26. 61G4-21.005 Payment of Claims. (1) If the Board authorizes payment of any claim in full or in part, then it shall forward the final agency action with respect to the claim to the Secretary of the Department for payment. (2) Procedures for disbursements of funds shall not commence until 35 days after the filing of the Final Order of the Board approving payment of any claim from the recovery fund. (3) No claimant eligible for, or currently receiving, restitution under a civil or criminal restitution order or other repayment plan shall be eligible to recover from the Fund until two or more payments have been missed. Prior to receiving any payments, such a claimant shall provide the Board with a written statement indicating any amount received to date under such an order or plan, the date and amount of the last payment, and how much is still due and owing under such an order or plan. Rulemaking Authority 489.108 FS. Law Implemented 489.141, 489.143 FS. History–New 7-11-95, Amended 4-27-99, 6-19-03, 7-7-05, 5-11-09. 61G4-21.006 Subrogation and Assignment. (1) At the time of payment from the Recovery Fund, the claimant shall assign his or her right, title, and interest in any final judgment or board restitution order to the extent of such payment to the Recovery Fund. (2) Upon payment from the Recovery Fund, the Board shall be surrogated to the right, title, and interest of the claimant. Any amount subsequently recovered on the final judgment, board restitution order, or arbitration award, shall be for the purpose of reimbursing the Recovery Fund, to the extent of such payment from the Recovery Fund. (a) If the claim is based on a final judgment, Claimant shall record the assignment in the public records of each county where the original judgment has been recorded. (b) If the claim is based on a board restitution order, Claimant shall record the assignment with the Agency Clerk of the Department of Business and Professional Regulation. (3) Approved recovery fund claims shall be referred for collection efforts following payment to the claimant when appropriate. Rulemaking Authority 489.108 FS. Law Implemented 120.69, 455.227(3)(b), 489.143 FS. History–New 7-12-05, Amended 4-27-08.

Chapter 61G4-22 MEDIATION

Fla. Admin. Code R. 61G4-22 MEDIATION

CHAPTER 61G4-22 MEDIATION 61G4-22.001 Mediation 61G4-22.001 Mediation. The following alleged violations may be resolved by mediation using the procedure adopted by the department pursuant to Section 455.2235, F.S.: (1) Section 489.129(1)(g), F.S., Committing misconduct or mismanagement in the practice of contracting that causes financial harm to a customer. (2) Sections 489.129(1)(i), 489.1195, F.S., Failing in any material respect to comply with the provisions of Chapter 489, Part I, F.S., by failing to properly supervise the activities of a construction business qualified by the contractor. (3) Section 489.129(1)(j), F.S., Abandoning a construction project. (4) Section 489.129(1)(l), F.S., Committing fraud or deceit in the practice of contracting. (5) Section 489.129(1)(m), F.S., Committing incompetency or misconduct in the practice of contracting. (6) Section 489.129(1)(n), F.S., Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property in the practice of contracting. (7) Section 489.129(1)(q), F.S., Failing to satisfy within a reasonable time the terms of a civil judgment. Specific Authority 489.108, 455.2235 FS. Law Implemented 455.2235 FS. History–New 6-27-95, Amended 8-10-09.

Chapter 61G4-23 NOTICE OF NONCOMPLIANCE

Fla. Admin. Code R. 61G4-23 NOTICE OF NONCOMPLIANCE

CHAPTER 61G4-23 NOTICE OF NONCOMPLIANCE 61G4-23.001 Notice of Noncompliance 61G4-23.001 Notice of Noncompliance. (1) As an alternative to the provisions of Sections 455.255(1) and (2), Florida Statutes, the Department may provide a licensee with a notice of noncompliance for an initial offense of a minor violation. (2) Minor violations that do not endanger the public health, safety and welfare, and which do not demonstrate a serious inability to practice the profession are: (a) Failure to maintain proof of current workers' compensation or general liability insurance, as required by Rule 61G4-15.003, F.A.C. (b) Failure to inform CILB of change of name style, address, or that the licensee has ceased qualifying a business, as required by Rule 61G4-15.007, F.A.C. (c) Failure to include license number on an advertisement offer of services, business proposal, bid or contract as required by Section 489.119, F.S. (d) Failure to register local license with the CILB prior to contracting, as required by Sections 489.115(1) and 489.117(1), F.S. (e) Failure to qualify a firm, or acting under a name not on license. (f) Contracting outside the geographic scope of the license where the jurisdiction in which the contractor is not licensed is adjacent to one where the contractor is properly licensed, and the practice outside the geographic scope of the license was not willful. (g) Contracting with a delinquent license. (h) Failure to register a qualified business organization. (i) Failure to obtain an inspection. (j) Failure to correct a code violation. (k) Failure to honor a written contractual warranty. (3) This designation of violations as minor for the purposes of Section 455.225(3), F.S., is limited to initial violations in which corrective action is commenced within 15 days of the Department's issuance of a notice of noncompliance. The violation must be corrected within 15 days. If it cannot be corrected within 15 days, then corrective action must be commenced within 15 days and the licensee must move with due diligence to complete the corrective action. A violation which continues past that period shall no longer be deemed a minor violation and shall be treated as a citation offense, pursuant to Rule 61G4-19.001, F.A.C. Violations of this section, except as provided herein, shall be handled in accordance with the standard disciplinary guidelines. Nothing provided in this section shall restrict the Board from seeking full prosecution in such instances where aggravating circumstances are present which would preclude a minor violation dismissal. Specific Authority 455.225(3), 489.108, 489.129(1)(j) FS. Law Implemented 455.224, 455.225(3) FS. History–New 12-31-95, Amended 4-24-96, 11-13-97.

Division 61 Departmental

Chapter 61-5 FEES AND UNLICENSED ACTIVITY

Fla. Admin. Code R. 61-5.002 Definitions

For the purposes of this chapter, the following definitions shall apply:

(1) “Anticipated costs” means the projected direct and indirect costs and administrative overhead of a board based upon the current fiscal year’s legislative appropriation enactment and other anticipated initiatives.

(2) “Reasonable cash balance” means a positive cash balance which must exist at the end of each fiscal year, plus and minus the Department’s projections of revenue and expenditures of the board for the next 24-month period.

(3) “Projection” means the department's projected cash balance for a board based upon a board’s projected revenues including license fees, application fees, examination fees, and fines, and the department’s projected anticipated costs for the board.

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 455.219(1) FS. History–New 4-27-94, Amended 8-28-95.

Fla. Admin. Code R. 61-5.003 Notification and Fees

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 455.219(1), 455.2281 FS. History–New 4-27-94, Amended 1-7-97, Repealed 9-10-17.

Fla. Admin. Code R. 61-5.004 Advancement of Funds

(1) The Department is authorized to permit a temporary loan of funds to any Board operating at a deficit. Any request for a loan shall be made to the Director of the Division of Administration and shall state:

(a) That the Board is currently operating at a deficit; and

(b) That the Board has already assessed a one-time fee to eliminate the cash deficit or to maintain the financial integrity of the profession within the last four years.

(2) Upon verification of the information stated in the request, the Department shall loan funds sufficient to maintain a reasonable cash balance.

(3) No action taken under this section will extend beyond two years. All loans authorized under this section will be repaid by the borrowing Board within two years from the date of the loan. All loans authorized under this section will be repaid with interest calculated at the then prevailing rates paid for investments in the State Treasury to the credit of the Professional Regulation Trust Fund.

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 455.219(1), (2) FS. History–New 8-28-95.

Fla. Admin. Code R. 61-5.005 License Renewal Fee Waivers

History

• Rulemaking Authority 455.219(1) FS. Law Implemented 455.219(1) FS. History–New 10-1-00, Amended 8-17-06, 1-24-08, 2-20-12, Repealed 9-10-17.

Fla. Admin. Code R. 61-5.007 Disciplinary Guidelines for Unlicensed Activity

(1) In imposing disciplinary penalties upon unlicensed persons, the Department of Business and Professional Regulation (hereinafter, “Department”) shall act in accordance with the following disciplinary guidelines and shall impose a penalty consistent herewith absent the application of aggravating or mitigating circumstances and subject to the provisions of Sections 455.227 and 489.13, F.S.

(2) For the purpose of this rule, the term “license” shall mean the professional license, registration, certificate or certification issued by the Department to authorize the practice of a profession pursuant to a professional practice act administered by the Department.

(3) All penalties established herein are for each count or separate violation found.

(4) For using a professional title or designation without holding the requisite license to do so, the following penalties shall apply:

(a) First violation – $1000 administrative fine;

(b) Second violation – $2500 administrative fine; and,

(c) Third and subsequent violations – $5000 administrative fine.

(5) For advertising or offering to practice a profession without holding the requisite license to do so, the following penalties shall apply:

(a) First violation – $1500 administrative fine;

(b) Second violation – $3000 administrative fine; and,

(c) Third and subsequent violations – $5000 administrative fine.

(6) For practicing a profession without holding the requisite license to do so, the following penalties shall apply:

(a) First violation – $3000 administrative fine;

(b) Second violation – $4000 administrative fine; and,

(c) Third and subsequent violations – $5000 administrative fine.

(7) Notwithstanding the foregoing, violations of Section 489.127(1), F.S., may result in the imposition of a $10,000 administrative fine.

(8) Circumstances which may be considered for the purposes of mitigation or aggravation of the foregoing penalties shall include the following:

(a) Monetary or other damage to the unlicensed person’s customer and/or other persons, in any way associated with the violation, which damage the unlicensed person has not relieved as of the time the penalty is to be assessed.

(b) The severity of the offense.

(c) The danger to the public.

(d) The number of repetitions of offenses.

(e) The number of complaints filed against the unlicensed person.

(f) The length of time the unlicensed person has been engaging in unlicensed activity.

(g) The actual damage, physical or otherwise, to the unlicensed person’s customer.

(h) The deterrent effect of the penalty imposed.

(i) The effect of the penalty upon the unlicensed person’s livelihood.

(j) Any efforts at rehabilitation.

(k) The unlicensed person’s use of an altered license or impersonation of a licensee.

(9) The disciplinary guidelines established by this rule are only applicable to final orders issued by the Secretary of the Department or his/her appointed designee.

History

• Rulemaking Authority 455.2273 FS. Law Implemented 455.227, 455.2273, 455.228, 489.127, 489.13 FS. History–New 1-26-10.

Chapter 61-6 BIENNIAL LICENSING

Fla. Admin. Code R. 61-6.001 Biennial Licensing

(1) Pursuant to Section 455.203(1), F.S., the Department hereby implements a plan for staggered biennial renewal of licenses issued by the Central Intake Unit, The Division of Service Operation and Licensure, the Department on behalf of the boards within the Department and the Department.

(2) The staggered biennial renewal issuance plan does not apply to the renewal of licenses which have a statutory period of one year or less and which do not mature into permanent licenses which would be subject to regular annual renewal.

(3) Biennial period shall mean a period of time consisting of two 12 month years. The first biennial period for the purposes of each board shall commence and continue on the dates specified in the department plan as set forth for each respective profession.

(4) The schedule for biennial license renewal for each respective profession shall be as follows:

EVEN YEARS

ODD YEARS

Accountancy Firms

December 31

Accountants Group 3

December 31

Accountants Group 2

December 31

Athlete Agents

May 31

Architects/Architect Businesses

February 28

Asbestos Consultants/Contractors

November 30

Asbestos Business

November 30

Auctioneers, Businesses & Apprentices

November 30

Barber Shops

November 30

Barbers

July 31

Barber Assistants

July 31

Barbers CE Provider

May 31

Building Code Administrators & Inspectors

November 30

Building Code CE Provider

May 31

Community Association Managers

September 30

Community Association Managers CE Provider

May 31

Community Association Managers Pre-Licensure CE Provider

May 31

Construction Industry Licensing Board (Certified)

August 31

Construction Industry Licensing Board (Registered)

August 31

Construction Industry Licensing Board CE Provider

May 31

Construction Industry Licensing Board Specialty Structure

August 31

Cosmetologists & Specialties

Group I

October 31

Group II

October 31

Cosmetology Salons

November 30

Cosmetology CE Provider

May 31

Electrical Contractors

August 31

Electrical Contractors CE Provider

May 31

Employee Leasing Companies

April 30

Geologists/Geology Businesses

July 31

Interior Designers/Interior Design Businesses

February 28

Landscape Architects/Landscape Architecture Businesses

November 30

Landscape Architecture CE Provider

May 31

Professional Engineers

Februrary 28

Real Estate Appraisers

November 30

Real Estate Appraiser Instructors

September 30

Real Estate Appraiser Management Companies

November 30

Real Estate

Real Estate – Group I

September 30

Real Estate – Group II

March 31

Real Estate – Group III

September 30

Real Estate – Group IV

March 31

Real Estate Schools

September 30

Talent Agencies

May 31

Veterinarians

May 31

History

• Rulemaking Authority 455.203(1), (5) FS. Law Implemented 455.203(1) FS. History–New 9-17-78, Amended 9-21-78, 8-20-80, 2-3-81, 4-8-81, 12-7-81, 6-14-82, 11-23-83, 12-2-83, 1-26-84, 7-9-84, Formerly 21-6.08, Amended 4-27-86, 4-21-87, 2-16-88, 11-28-90, 7-18-91, Formerly 21-6.008, Amended 4-3-95, 7-25-05, 1-24-08, 5-20-14, 12-17-18.

Fla. Admin. Code R. 61-6.002 Delinquent Status

(1) Any license renewal application, which for any reason is not submitted in a timely and complete manner shall revert to delinquent status.

(2) Each application for renewal shall be considered timely filed if the application has been postmarked by the post officer prior to midnight on the date of expiration of the license or has been delivered by the close of business on the date of expiration of the license. If that date falls on a Saturday, Sunday, or legal holiday, the day of expiration shall be the first working day after the expiration date on the license. In order to be complete, the application must have all appropriate spaces filled, be signed by the licensee and include a money order or a sufficiently funded check in the correct amount. Any renewal which does not comply with the above conditions shall become delinquent.

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 455.203, 455.271 FS. History–New 10-29-80, Formerly 21-6.09, 21-6.009, Amended 4-3-95.

Fla. Admin. Code R. 61-6.003 Inactive Status

A licensee may choose inactive status by filing with the department a written notice, which may be indicated on the renewal form, accompanied by the appropriate fee. Such notice and fee must be received in accordance with subsection 61-6.002(2), F.A.C., to be timely.

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 455.203, 455.271 FS. History–New 10-29-80, Formerly 21-6.10, 21-6.010, Amended 4-3-95.

Fla. Admin. Code R. 61-6.004 Reactivation

(1) A delinquent status licensee may apply for active or inactive status any time during the biennial licensure cycle. As defined by rule of the board, or the Department when there is no board, a complete application, the renewal fee, and a delinquent fee shall be required. The license of a delinquent licensee that does not achieve active or inactive status before the end of the current biennial licensure period shall be null, and subsequent licensure will require meeting all the requirements for initial licensure.

(2) A licensee who has inactive status may reactivate at any time by notifying the Department of his/her desire to do so, completing the appropriate form(s), and by paying the current required fees set by appropriate rule, and meeting any other conditions imposed by the board, or Department when there is no board, as required in Section 455.271, F.S.

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 455.203, 455.271 FS. History–New 10-29-80, Formerly 21-6.11, 21-6.011, Amended 4-3-95.

Fla. Admin. Code R. 61-6.005 Licensee’s Obligation

It shall be the duty of licensees, active and inactive, to keep the Department informed of any information which the Department requires, including but not limited to his/her current mailing address.

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 455.203, 455.275 FS. History–New 10-29-80, Formerly 21-6.12, 21-6.012.

Fla. Admin. Code R. 61-6.006 Inactive License Exceptions

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 455.271, 458.319, 458.321, 459.008, 459.009, 461.007, 461.008, 463.007, 463.1715, 468.1725, 470.015, 470.016, 471.017, 471.019, 472.017, 472.019, 473.311, 473.313, 474.211, 474.212, 475.182, 475.183, 481.215, 481.217, 481.313, 481.315, 484.008, 484.009 FS. History–New 10-29-80, Formerly 21-6.13, 21-6.013, Amended 4-3-95, Repealed 1-7-97.

Fla. Admin. Code R. 61-6.007 Limited Licensure

(1) Graduates of the Department of Education approved cosmetology program at the Florida School for the Deaf and the Blind shall be issued a limited license upon filing with the Department a completed application, the form for which shall be prepared and furnished by the Department and upon payment of a license fee of $10.00.

(2) The limited license shall authorize the licensee to perform the following cosmetology services:

(a) Shampoos,

(b) Facials,

(c) Manicures, and

(d) Pedicures.

History

• Rulemaking Authority 477.0213 FS. Law Implemented 477.0213 FS. History–New 11-19-81, Formerly 21-6.16, 21-6.016.

Fla. Admin. Code R. 61-6.008 Duplicate License

If a duplicate license is requested by a licensee, the department shall charge a fee of twenty-five dollars ($25.00) if there is no board rule to the contrary.

History

• Rulemaking Authority 455.203(5), 455.219 FS. Law Implemented 455.219 FS. History–New 2-17-92, Formerly 21-6.018.

Fla. Admin. Code R. 61-6.009 Affirmation of Eligibility for License Renewal

Applicants for renewal of a license shall submit an Affirmation of Eligibility for License Renewal form number BPR-LIC-001, incorporated herein by reference and effective November 2021. The form will vary depending upon each profession and license type. The form can be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-13917 or by writing the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399.

Every applicant who renews a license acknowledges:

(1) Completion of all requirements for license renewal as set forth by the Department of Business and Professional Regulation or the professional regulatory board of the profession for which the applicant is seeking license renewal, and

(2) That during the upcoming licensure period the applicant may be required to produce proof, as prescribed by the Rule 61-6.010, F.A.C., that all license renewal requirements for that licensure period were met, and

(3) That failure to comply with license renewal requirements, or making a false statement as to such compliance, will subject the applicant to disciplinary action or criminal prosecution.

History

• Rulemaking Authority 20.165(8), 455.203(5), 559.79 FS. Law Implemented 20.165(8), 455.203, 455.2035, 455.273 FS. History–New 2-15-93, Formerly 21-6.019, 7-15-96, Amended 1-9-22.

Fla. Admin. Code R. 61-6.010 Random Audit of License Renewal Requirements

(1) No later than six (6) months after the beginning of a licensure period, each board shall initiate a random audit of licensees to determine their compliance with license renewal requirements. This audit shall be conducted by the appropriate office of the Department of Business and Professional Regulation.

(2) Each licensee randomly selected for audit shall be so notified by email or regular mail, and each selected licensee shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(3) If notification is returned to the Department because of an incorrect email or mailing address, the Department shall attempt again to notify the licensee after making a reasonable effort to determine the licensee’s correct email or mailing address. The licensee so notified shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(4) If notification sent to the licensee by regular mail is returned to the Department unclaimed or refused, the Department shall by certified mail attempt to notify the licensee of the information contained in the original mailing. The licensee so notified shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(5) If a licensee’s documentation of compliance with the requirements for license renewal is not sufficient, the Department shall notify the licensee, by email or regular mail, of the deficiencies, and the licensee shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(6) Commencing on the twenty-second (22) day after a licensee selected for audit receives notice, the board may grant the licensee up to thirty (30) additional days in which to obtain appropriate documentation and supply that documentation to the Department if: (1) the licensee’s written request was received by the board within twenty-one (21) days of the licensee’s receipt of notice of audit or receipt of documentation deficiency, (2) the licensee’s written request stated with particularity the reasons an extension should be granted, and (3) the board’s written notification as to the length of the extension granted was received by the Department office conducting the audit no more than ten (10) days after the twenty-one (21) day compliance period had lapsed.

(7) The Department may take whatever action is appropriate against any licensee selected for audit who:

(a) Has not kept the Department informed of an accurate mailing and email address,

(b) Does not cooperate in the audit, or

(c) The audit reveals has not met the requirements for license renewal.

History

• Rulemaking Authority 455.203(5), 455.2177 FS. Law Implemented 455.203, 455.2177 FS. History–New 2-10-93, Formerly 21-6.020, Amended 9-1-21.

Fla. Admin. Code R. 61-6.011 Exemption from Continuing Education Requirements

(1) Starting July 1, 2024, and on at least a weekly basis thereafter, the Department shall determine the licensees that are exempt from all continuing education requirements for the current biennial licensure period. Within thirty (30) days from the start of a biennial licensure cycle, the Department shall determine the licensees who do not meet all requirements specified in section 455.2124, Florida Statutes, and are therefore still required to complete all continuing education requirements for licensure renewal. For the purposes of this determination, the term “discipline” is defined as a final order entered against a licensee pursuant to section 455.227, Florida Statutes, for any violation of chapter 455, Florida Statutes, or any violation of the licensee’s applicable practice act.

(2) Licensees may verify their exemption status by searching for their license using the Department’s online Licensee Search Page (http://www.myfloridalicense.com/wl11.asp?mode=0&SID=)

History

• Rulemaking Authority 455.2124(3) FS. Law Implemented 455.2124(1)(a), 455.2177 FS. History–New 12-11-24.

Fla. Admin. Code R. 61-6.015 Monitoring of Continuing Education Requirements

History

• Rulemaking Authority 455.2177(5) FS. Law Implemented 455.2177 FS. History–New 11-26-00, Repealed 9-30-03.

Fla. Admin. Code R. 61-6.021 Licensee Name Change

(1) Licensees shall direct their requests for name changes on the master file of the Department to the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-2205.

(2) Name change requests shall be in writing and shall be documented. An original document, a certified copy, a duplicate copy of an original document, or a duplicate of a certified copy of an original document which shows the legal name change shall be accepted unless the Department has a question about the authenticity of the document raised on its face, the genuineness of the document is uncertain, or because of another matter related to the application.

(3) Documents acceptable by the Department for request of a license name change include a marriage license, a court order (e.g., adoption, divorce decree, name change, or federal identity change), naturalization certificate, REAL ID-compliant state-issued driver’s license or identification card, or a passport along with a copy of the licensee’s social security card.

(4) Documents unacceptable for a request of a license name change include all documentation other than those documents listed above.

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 455.203 FS. History–New 8-26-93, Amended 4-3-95, 12-24-97, 4-7-25.

Fla. Admin. Code R. 61-6.022 Renewal Exemptions for Armed Forces Members on Active Duty

History

• Rulemaking Authority 455.02, 455.203 FS. Law Implemented 455.02 FS. History–New 4-27-94, Repealed 1-7-97.

Fla. Admin. Code R. 61-6.043 Renewal Process for Appraisal Management Company

(1) Each registration of an appraisal management company shall be renewed on a biennial basis. The schedule for biennial renewal shall be as established in subsection 61-6.001(4), F.A.C.

(2) When the total period of inactive status exceeds 4 years, the registration shall automatically expire per Section 475.619(2), F.S. and the appraisal management company must meet all the requirements for initial registration. If automatic expiration has occurred pursuant to Section 475.619(2), F.S., the appraisal management company shall be required to meet all requirements for initial licensure. Two years prior to the expiration, the Department of Business and Professional Regulation shall give notice by mail or email to the last known mailing or email address of the registrant.

(3) Inactive Registration.

(a) At any time after obtaining registration as an appraisal management company, the registrant may request inactive status by submitting Form DBPR FREAB-2, “Appraisal Management Company – Maintenance,” incorporated by reference in Rule 61-35.026, F.A.C. The fee to change licensure status is found in Rule 61J1-2.001, F.A.C.

(b) An appraisal management company, whose registration is designated inactive pursuant to subsection (1), (2) or (3) above, may request an active registration on Form DBPR FREAB-2, “Appraisal Management Company – Maintenance,” incorporated by reference in Rule 61-35.026, F.A.C. The fee to change licensure status is found in Rule 61J1-2.001, F.A.C.

(4) Current biennial renewal fees specified in subsection 61J1-2.001(2), F.A.C. and late fees set forth in subsection 61J1-2.001(6), F.A.C., shall be collected for each period of inactivity through the elected or automatic inactive date.

History

• Rulemaking Authority 455.203(5), 455.213, 455.271(3), 475.619(2), 475.6147, 475.6235(7) FS. Law Implemented 455.213, 455.271(3), 455.275(2), 475.619(2), 475.6147, 475.6235(7) FS. History–New 9-3-13, Amended 12-17-18.

Chapter 61-9 FOREIGN-TRAINED PROFESSIONALS

Fla. Admin. Code R. 61-9.001 Applicability

History

• Rulemaking Authority Ch. 86-90, Section 1(1), Laws of Florida. Law Implemented Ch. 86-90, Section 1(1), (2), (3), (4), (5), Laws of Florida. History–New 2-5-87, Formerly 21-15.001, Repealed 1-15-97.

Fla. Admin. Code R. 61-9.002 Definitions

When used in Chapter 61-9, F.A.C., the following terms shall have the meanings provided:

(1) “Applicant” shall mean any person who has submitted to the Department an application for licensure under any Board located in the Department or licensing law administered by the Department to which this rule is applicable.

(2) “Application” shall mean a completed application form provided by the Department which has been submitted to and received by the Department with all required documents.

(3) “Board” shall mean any regulatory or licensing Board located by law in the Department.

(4) “Country” shall mean any independent or dependent governmental unit with established boundaries within the Western Hemisphere.

(5) “A country in the Western Hemisphere which lacks diplomatic relations with the United States” shall mean the Republic of Cuba and any other country which the Secretary of State of the State of Florida confirms lacks diplomatic relations with the United States.

(6) “Department” shall mean the Department of Business and Professional Regulation.

(7) “Document” shall mean any paper, certificate, diploma, transcript, letter or any other device submitted as partial fulfillment of application requirements.

(8) “Documentation” shall mean the documents required to be submitted which satisfy the application requirements.

(9) “License” or “licensure” shall include, but not be limited to certificate, registration, permit, and license.

(10) “Copy” shall mean a document which is a copy of the original document.

(11) “Western Hemisphere” shall mean the land masses known as North America, Central America and South America and the islands which are geographically related to such masses.

History

• Rulemaking Authority 455.218(1) FS. Law Implemented 455.218(1) FS. History–New 2-5-87, Formerly 21-15.002.

Fla. Admin. Code R. 61-9.003 Examinations

(1) The examination for licensure of foreign-trained exiled professionals shall be a written practical examination which tests the current ability of the applicant to practice the profession in which he seeks licensure. The examination shall not test the academic and preprofessional fundamental knowledge of the applicant.

(2) The examination for licensure pursuant to Section 455.218(1), F.S., shall be the examination named or described as follows:

(a) Accountancy. The examination for applicants to be licensed to practice accountancy shall be the examination prepared by the Board of Examiners of the American Institute of Certified Public Accountants, or an examination equivalent to it, which shall include the following subjects:

1. Auditing

2. Accounting Practice

(b) Architecture. The examination to be licensed to practice Architecture shall be the National Council of Architectural Registration Board professional examination, or an examination equivalent to it, which shall include the following subjects:

1. Part I – Environmental Analysis

2. Part II – Architectural Programming

3. Part III – Design and Technology

4. Part IV – Construction

(c) Engineering. The examination for applicants to be licensed to practice Engineering shall be Part II of the Professional Engineer Examination described as Principles and Practice as prepared by the National Council of Engineering Examiners, or an examination equivalent to it. The examination will test the applicant's ability to apply acceptable engineering practice to problems which are representative of the applicant’s discipline. The selection of disciplines will be made by the applicant at the time of application for examination. Applicants will be required to solve seven to ten problems drawn from a test pattern generally set forth as follows:

1. Chemical – Thermodynamics, Process Design, Mass Transfer, Heat Transfer, Chemical Kinetics, Fluids and Economics.

2. Civil – Highway Structural, Sanitary, Planning, Fluids, Soils, Economics, Water Control and Resources.

3. Electrical – Power and Systems, Machines, Electronics, Communications, Circuits, Controls, Economics, Instrumentation, Digital Circuit and Computers.

4. Mechanical – Thermodynamics, Machine Design, Power and Systems, Heat Transfer, HVAC/R, Fluids and Compressible Flow and Economics.

5. Industrial – Methods Design and Work Management, Production, Inventory and Distribution Systems, Facilities, Planning and Design, Economics, Operations Research, Quality Control and Industrial Statistics.

6. Agricultural – Irrigation and Drainage, Soil and Water Conservation Power, Controls and Systems, Machine Design, Structures, Environmental Systems, Crop Handling and Processing, Food Engineering and Economics.

7. Nuclear – Thermal-Hydraulics, Kinetics and Reactor Safety, Reactor Engineering, Nuclear Fuel Cycle Analysis, Health-Physics and Instrumentation, Neutronics, Economics, Ex-Reactor Criticality and Shielding.

8. Sanitary – Treatment Facility Design, Fluid Flow Hydraulics, Planning Analysis, System Design, Chemical-Bio Problems, Materials Selections and Economics.

9. Structural – Reinforced and Prestressed Concrete, Structural Steel and Light Metal, Wood, Masonry, Lateral Forces and Economics.

10. Aeronautical/Aerospace – Structures, Aerodynamics, Flight Dynamics, Propulsion and Economics.

11. Mining/Mineral – Exploration and Geology, Mine Planning, Mine Operations, Ground Control, Mineral Processing, Environmental and Governmental Regulations and Economics.

12. Metallurgical Engineering – Fabrication and Processing, Metallurgical Thermodynamics and Corrosion, Selection of Materials, Thermal Treatments and Solid State Processing, Structure/Property Relationships, Failure Analysis, Mineral Processing, Extractive Metallurgy, and Engineering Economics.

13. Petroleum Engineering – Production and Drilling Operations, Reservoir and Logging, Secondary Recovery and Evaluation and Engineering Economics.

14. Ceramic Engineering – Phase Relations and Microstructure, Forming, Drying and Firing, Glass, Refractories, Electronics, White Ware, Structural Products, Cements, Nuclear Ceramics, Abrasives, Vitreous Enamels, and Engineering Economics.

15. Manufacturing Engineering – Assembly Casting, Molding and Metallurgical Processing, Engineering Materials, Finishing and Coating, Inspection and Quality Control, Manufacturing Management Council, Manufacturing/Numerical Control Systems, Material Forming, Material Removal, Tool Engineering and Engineering Economics.

16. Fire Protection Engineering – Hydraulics, Suppression Systems, Fire Behavior, Fire Communications, Hazards.

(d) Veterinary Medicine. The examination for applicants to be licensed to practice veterinary medicine shall consist of two parts as follows:

1. Part one – the Clinical Competency Test as provided the National Board Examination Committee of the American Veterinary Medical Association, or an examination equivalent to it, and shall contain patient management problems in the following areas:

a. Small Animals (includes canine and feline)

b. Food Animals (includes bovine, porcine and ovine/caprine or poultry)

c. Equine

d. Other (includes problems relating to non-traditional species such as laboratory animals in which the animal species is a secondary importance)

2. Part two – this part concerns law related to the practice of veterinary medicine. The context of this part shall included the following subjects: The Veterinary Medicine Practice Act, Chapter 474, F.S.; Chapter 455, F.S.; relating to the Department of Business and Professional Regulation; Division 61G18, F.A.C., the rules promulgated by the Board of Veterinary Medicine; Chapters 465, 499, 585 and 893, F.S.; and the most recent revision of the “Physicians Manual,” an informational outline of the Controlled Substances Act of 1970, published by the Drug Enforcement Administration of the United States Department of Justice.

(3) Translation of Examinations. Whether a translated examination will be provided will be determined by the Department by the availability of a translated examination and the applicant's ability to bear the cost of translation before a translation is prepared.

(4) An applicant may sit for the examination the number of times and under such conditions as provided in the practice act under which the applicant is seeking licensure.

(5) The passing scores for the examinations administered pursuant to Section 455.218(2), F.S., shall be as follows:

(a) Accountancy. The passing score for the Accountancy examination shall be at least 75 for each subject. Percentage numbers shall be rounded off to whole numbers. Any percentage which is point five (.5) or above shall be rounded up to the next whole number. Percentages of less than point five (.5) shall be dropped.

(b) Architecture. The passing score for the Architecture examination shall be in accordance with subsection 61G1-14.007(3), F.A.C., Board of Architecture.

(c) Engineers. The passing score for the Engineering examination shall be in accordance with subsection 61G15-21.004(2), F.A.C., Board of Engineers.

(d) Veterinary Medicine. The passing score for Part one of the Veterinary Medicine examination shall be in accordance with subsection 61G18-11.002(6), F.A.C., Board of Veterinary Medicine. The passing score of Part two of the Veterinary Medicine examination shall be in accordance with subsection 61G18-11.002(5), F.A.C., Board of Veterinary Medicine.

History

• Rulemaking Authority 455.203(5), 455.218(1) FS. Law Implemented 455.218(1), (2), (3) FS. History–New 2-5-87, Amended 3-24-88, 3-30-89, 6-14-89, 1-28-92, 6-3-93, Formerly 21-15.003, Amended 3-15-94, 5-25-17.

Fla. Admin. Code R. 61-9.004 Graduation Documentation; Verification by Professional Association in Exile; Translation of Documentation

(1) Documentation of graduation shall include copies of any document which properly identifies:

(a) The applicant by name;

(b) Completion of academic requirements for the profession or occupation in which the applicant seeks licensure;

(c) The name and location of the college, university or school from which the document was received;

(d) The signature(s) of person(s) responsible for awarding such document;

(e) The date on which the document was awarded;

(2) Verification by professional association in exile; signature of officer or executive officer.

(a) The professional association in exile shall verify the documentation of graduation presented in support of an application for licensure by attaching a statement to the documentation which statement includes the following text: The document attached hereto is, to the best knowledge of the (name of association in exile) and to the best knowledge of the undersigned officer(s) of said association, a true representation of the facts contained therein, and the person named on said document is known to be the same person seeking licensure for the practice of (name of profession) by submission of the application for which said document is submitted as partial satisfaction of requirements for licensure.

(b) The signature affixed to the verification shall be that of one of the duly elected officers of the association, identified as such below the signature. However, an executive officer may sign the verification if meeting minutes are attached wherein the association or its board of directors authorizes specifically such officer employed by the association to act in its behalf in this matter.

(3) Translation. When the documentation of graduation is in any language other than English, a translation shall be attached thereto, such translation prepared and signed by a college or university professor in foreign language or any other person who is a generally accepted authority in translation activity.

History

• Rulemaking Authority 455.218(1) FS. Law Implemented 455.218(1)(d) FS. History–New 2-5-87, Formerly 21-15.004.

Fla. Admin. Code R. 61-9.005 Florida Residency; Proof

History

• Rulemaking Authority Ch. 86-90, Section 1(1), Laws of Florida. Law Implemented Ch. 86-90, Section 1(1)(c), Laws of Florida. History–New 2-5-87, Formerly 21-15.005, Repealed 1-15-97.

Fla. Admin. Code R. 61-9.006 Three Years Lawful Practice

(1) Three years of lawful practice shall consist of experience by reason of practice in the profession as described by law and rule of the practice in which the applicant seeks licensure. Such lawful practice shall include valid licensure in the jurisdiction wherein the practice occurred if such licensure was required. Three years practice shall include continuous and noncontinuous practice, provided the requirements described above were met during such practice.

(2) An applicant for licensure pursuant to Section 455.218(1), F.S., shall submit proof of three years lawful practice in one of the following forms:

(a) Copies of licenses or renewals thereof for the years of practice when the applicant possesses such licenses or renewals or has reasonable access to same for submission.

(b) In lieu of copies of licenses, a letter of recommendation from three persons who are licensed Florida practitioners in the profession for which the applicant seeks licensure may be submitted. Such letters shall certify the dates the writer has known the applicant, the writer’s association with the applicant, the writer's personal knowledge that the applicant has lawfully practiced, indicating the length of time and the place or places where he knows the applicant has practiced. The name, address and license number of the writer of such letters shall appear on the letters.

History

• Rulemaking Authority 455.218(1) FS. Law Implemented 455.218(1)(e) FS. History–New 2-5-87, Formerly 21-15.006.

Fla. Admin. Code R. 61-9.007 Course of Study Pursuant to Chapters 74-108 and 75-177, Laws of Florida

History

• Rulemaking Authority Ch. 86-90, Section 1(1), Laws of Florida. Law Implemented Ch. 86-90, Section 1(1)(f), Laws of Florida. History–New 2-5-87, Formerly 21-15.007, Repealed 1-15-97.

Fla. Admin. Code R. 61-9.008 Pre-examination Continuing Education Program

The term “program” when used in this rule means the pre-examination continuing education course of study provided in Section 455.218(1)(g), F.S..

(1) The content of the program shall be designed to prepare the applicant for examination for licensure. The program is to prepare the applicant for passage of a written practical examination which tests his ability to practice the profession for which he is seeking licensure as such profession is defined in Florida law and rules.

(2) Providers of the program may be businesses in the private sector or entities within private or public vocational schools, community colleges or private or public universities provided the program is approved pursuant to these rules.

(3) Before a program is offered to an applicant as satisfying the requirements of this rule, such program shall be approved by the Department.

(a) Approval by the Department shall be based upon a finding by the Department that the program satisfies the following requirements:

1. Documentation of program content to demonstrate adequate training and coursework to prepare applicants for examination to practice the profession as defined in Florida law and rules. Such training and coursework shall include a diagnostic evaluation of the applicant's completion of the program. Adequate training and coursework include attendance by applicant of no less than ninety (90) percent of the class sessions.

2. Description of the class hours, other time requirements and other requirements placed on applicants to satisfactorily complete the program.

3. Cost of program to applicants.

4. Dates program will be offered.

(b) The proposed program provider shall submit the request for program approval to the Office of the Secretary of the Department with the documentation required hereinabove.

(c) A program completed within 3 years prior to submission of an application shall be approved by the Department pursuant to receipt and approval of documentation which complies with the provisions of this rule.

(4) The following documents include, but are not limited to, the type of documentation which the Department will accept as demonstrating successful completion of a program:

(a) A copy of a certificate of completion, including the program title and date completed, signed by an officer of the approved provider company or institution.

(b) A letter or copy of a letter from an officer of the company or a letter or a copy of a letter from an officer of the institution. Said letters shall state that the named applicant successfully completed the named program and give the date of completion.

(c) Copies of original documents as described in subsection 61-9.002(10), F.A.C., herein shall be accepted as documentation of completion of the program.

History

• Rulemaking Authority 455.218(1) FS. Law Implemented 455.218(1)(g) FS. History–New 2-5-87, Formerly 21-15.008.

Fla. Admin. Code R. 61-9.010 Fees

(1) Applicants for licensure as foreign-trained exiled professionals shall submit an application fee of $100 with their application.

(2) The fees for examination of foreign-trained exiled professionals shall be determined by the cost to the Department for acquisition, preparation, administration, grading and the review of examinations in each profession. The examination fees shall be assessed to each applicant by the Department and such fees shall be paid to the Department by the applicant when the Department requires. The examination fees shall be paid in two parts.

(a) The examination development fee shall be paid to the Department when the applicant is notified that his application is complete, that he is qualified for examination and that the examination development fee in the amount stated is due, including the date the fee is due.

(b) The examination administration fee shall be paid to the Department before the date due when the Department notifies the applicant that he is scheduled to sit for the examination and the time and place of the examination for which the applicant is scheduled.

(3) Upon notification of passage of the examination, the applicant shall pay to the Department a licensing fee of $200 prior to receipt of the license to practice.

History

• Rulemaking Authority 455.213(2), 455.218(1) FS. Law Implemented 455.213(2), 455.218(1)(b), (2), (3), 455.219(1) FS. History–New 2-5-87, Formerly 21-15.010.

Fla. Admin. Code R. 61-9.011 Applicability

History

• Rulemaking Authority 458.314(4), (5), (6) FS. Law Implemented 458.314(4), (5), (6) FS. History–New 8-19-87, Formerly 21-21.001, Repealed 5-2-17.

Fla. Admin. Code R. 61-9.012 Definitions

History

• Rulemaking Authority 120.53, 458.314 FS. Law Implemented 120.53, 458.314 FS. History–New 8-19-87, Formerly 21-21.002, Repealed 5-2-17.

Fla. Admin. Code R. 61-9.013 Fees

History

• Rulemaking Authority 458.314(6), (7) FS. Law Implemented 458.314(6), (7) FS. History–New 8-19-87, Formerly 21-21.003, Repealed 5-2-17.

Fla. Admin. Code R. 61-9.014 Standards, Review Procedures and Methodology

History

• Rulemaking Authority 120.53(1)(a) FS. Law Implemented 120.53(1)(a), 458.314(4) FS. History–New 8-19-87, Formerly 21-21.004, Repealed 5-2-17.

Fla. Admin. Code R. 61-9.015 Renewal

History

• Rulemaking Authority 458.314(5), (7) FS. Law Implemented 458.314(5), (7) FS. History–New 8-19-87, Formerly 21-21.005, Repealed 5-2-17.

Chapter 61-11 EXAMINATIONS

Fla. Admin. Code R. 61-11.001 Application Deadlines

(1) Unless otherwise provided below or in board rule, completed applications for licensure examinations shall be submitted on a form as required by board rule, or department rule when there is no board, to the Department at least 60 days prior to the scheduled examination.

(2)(a) An applicant will be rescheduled for the next available examination if the applicant is unable to sit for the originally scheduled examination by reason of military service and submits to the board, or the Department where there is no board, or to the computer-based testing (CBT)-contracted vendor, a copy of the applicant’s military orders or a letter from the applicant’s commanding officer.

(b) An applicant’s examination will be rescheduled if the applicant demonstrates to the board, or to the Department where there is no board, or to the computer-based testing (CBT)-contracted vendor, that there was a death in the immediate family, serious injury, illness, or other physical impairment that prevented the candidate from taking the examination. Any such request to reschedule an examination shall include a copy of documentation demonstrating the aforementioned circumstance which prevented the applicant from taking the examination.

(c) Any requests for rescheduling of an examination under this section shall be submitted to the board, or the Department where there is no board, or to the computer-based testing (CBT)-contracted vendor, in writing no later than 21 days following the last day of the applicable examination.

History

• Rulemaking Authority 455.203(5), 455.213(1) FS. Law Implemented 455.213(1), 455.229(3) FS. History–New 9-25-80, Amended 1-30-83, Formerly 21-11.01, Amended 11-29-89, 6-9-91, 6-18-91, Formerly 21-11.001, Amended 9-18-96, 2-25-01, 8-6-12.

Fla. Admin. Code R. 61-11.002 How to Apply

The application will be accompanied by the required fee for application and examination and all documents and other material that are to be considered in support of the application. For examinations administered by a computer-based testing vendor, applicants shall provide two (2) forms of signature identification, one of which contains a photograph and the signature of the applicant. Applicants must be prepared to show sufficient identification to obtain admission to the test site. Student and employment identification cards shall not be accepted.

History

• Rulemaking Authority 455.203(5), 455.213(1) FS. Law Implemented 455.213(1), 455.217(1) FS. History–New 9-25-80, Formerly 21-11.02, 21-11.002, Amended 2-25-01, 8-6-12.

Fla. Admin. Code R. 61-11.003 Examination Dates, Times, Locations and Personnel

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 455.217(1) FS. History–New 9-25-80, Formerly 21-11.03, Amended 1-9-91, Formerly 21-11.003, Repealed 2-13-96.

Fla. Admin. Code R. 61-11.004 Certification of Eligibility

(1) The Department, where there is no board, shall determine whether the applicant is qualified to take the licensure examination. Where there is a board, the application shall be scheduled for the next available meeting of the appropriate board for the board to determine whether the applicant is qualified to take the licensure examination.

(2) For Department administered examinations, or examinations administered by the computer-based testing (CBT)-contracted vendor, unless otherwise specified by board rule, the board, or the Department when there is no board, shall provide the Bureau of Education and Testing or the computer-based testing (CBT)-contracted vendor a certified list of candidates eligible or pending determination of eligibility to take an examination. The certified list shall be provided to the Bureau of Education and Testing or to the computer-based testing (CBT)-contracted vendor at least 20 days prior to each examination administration. Candidates who are identified as pending eligibility will be changed to certified eligible up to 18 days prior to the examination administration date. Candidates who are not identified on the original certified list shall not be permitted to take the examination unless approved by the Chief of the Bureau of Education and Testing.

History

• Rulemaking Authority 455.203(5), 455.217(1) FS. Law Implemented 455.213(1), 455.217(1) FS. History–New 9-25-80, Amended 2-3-81, Formerly 21-11.04, 21-11.004, Amended 9-18-96, 2-25-01, 8-6-12.

Fla. Admin. Code R. 61-11.005 Notification of Applicants

(1) For Department administered examinations, unless otherwise specified by board rule, after a decision is made that an applicant meets the lawful requirements for the licensure examination, the Department will schedule the applicant for the next examination where space is available that begins at least forty-five (45) days after the applicant is certified eligible.

(2) If all certified candidates cannot be scheduled for the next examination due to space, time, or other limitations beyond the control of the Department, the candidates will be scheduled chronologically according to the date the candidate was certified as eligible or the date the scheduling request was received by the computer-based testing (CBT)-contracted vendor.

(3) The Department or CBT-contracted vendor will notify applicants of the time, place, and date of the examination and provide the applicant with an official admission card or confirmation number, which will be required for admission to the examination. The notice will also inform the applicant what material, if any, should be taken to the examination. The Department or CBT-contracted vendor shall inform the candidate of the length of the examination, subject content of the examination, and any special equipment or materials needed for the examination.

History

• Rulemaking Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 9-25-80, Formerly 21-11.05, 21-11.005, Amended 9-18-96, 2-25-01, 8-6-12.

Fla. Admin. Code R. 61-11.006 Examination Administration

(1) During the examination, the candidates will follow the instructions of the examination supervisor. The candidates will be permitted to ask reasonable questions of the Department’s or computer-based testing (CBT)-contracted vendor’s examination supervisor and proctors relating to the instructions.

(2) The Department’s valid admission slip for the specified examination and a government-issued, signature bearing photo I.D., such as a driver’s license, must be presented in order to gain admission to the examination. This identification shall be acceptable in the absence of the admission slip provided the candidate’s name appears on the examination admission roster that has been prepared by the Department for the specific examination. All CBT examination candidates will be required to provide two forms of signature identification, one of which must be photo bearing.

(3) If the candidate arrives at the designated testing location after the designated starting time for an examination administered by the Department, the candidate will be permitted to take the examination only after the candidate has signed a statement clearly indicating the candidate’s late arrival time, and agreeing that the candidate will have only the remaining designated time in the examination to complete the examination. Any candidate who refuses to sign such a statement will be disqualified from the examination and must apply to the Department for scheduling for the next available examination. If, when the late candidate arrives, any other candidate has already finished the examination and left the examination room, the late candidate will not be permitted to sit for the examination and must apply to the Department for scheduling for the next available examination. For CBT examinations and national examinations, late candidates shall comply with the CBT-contacted vendor’s or the national examination organization’s policies and procedures.

(4) All Department administered examinations will be administered in accordance with the “General Administration Manual for Examinations (GAME), copyright 2012,” incorporated herein by reference and made available by the Bureau of Education and Testing, which may be obtained by writing to the Department of Business and Professional Regulation, Attention: Examination Administration, 2601 Blair Stone Road, Tallahassee, Florida 32399-0791 or at https://www.flrules.org/Gateway/reference.asp?No=Ref-01424. Administration requirements set forth by national boards and councils will be complied with in the administration of the specific examination.

(5) All examination items, answer sheets, examination books, other examination papers, computer files, and materials are the sole property of the Department of Business and Professional Regulation or the national provider. No candidate shall take any of the examination questions, examination books, answer sheets, other examination papers, computer files, and materials from the examination room or retain, reproduce, or compromise the materials in whole or in part by any means or method whatsoever.

(6) For CBT examinations, candidates are permitted to test out of state and are subject to fees charged by the CBT-contacted vendor to the candidates for this service.

History

• Rulemaking Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 9-25-80, Amended 2-3-81, 12-7-81, 10-28-82, Formerly 21-11.06, Amended 6-22-88, 7-10-90, Formerly 21-11.006, Amended 9-18-96, 2-25-01, 8-6-12.

Fla. Admin. Code R. 61-11.007 Conduct at Test Site, and Notice of Protection Privileges by and to the Department

(1) The examination supervisor, proctors, and computer-based testing (CBT)-contracted vendor are the Department’s designated agents in maintaining a secure and proper examination administration.

(2) The department and its designated agents shall use any technology reasonably necessary to protect the integrity and security of any licensure examination. To safeguard and maintain the validity, reliability, integrity, security, and confidentiality of the examination items, as set forth in Sections 119.07(6), 119.071(1)(a), 455.217(1)(e), (5), 455.229(1), (2), F.S., Rules 61-11.006 and 61-11.017, F.A.C., candidates must wait a twenty-four (24) hour grace period after the release date on the original failed grade notification to reschedule on-line or through any contact with a representative of the Department or CBT-contracted vendor to reschedule for any failed examination.

(3) Any individual found by the Department or any board within the Department to have engaged in conduct which subverts or attempts to subvert the examination process will be subject to confiscation of any written, photographic, or recording materials or devices in the possession of the applicant at the examination site, will have his or her scores on the examination withheld and/or declared invalid, be disqualified from the practice of the profession, and/or be subject to the imposition of other appropriate sanctions by the Department or, if administered by a board within the Department, by the applicable board. Any individual under investigation for an alleged violation of Section 455.2175, F.S., shall be prohibited from taking another exam until the criminal investigation determines if a violation occurred. If the investigation reveals that a violation did occur, the individual is prohibited from taking another exam for licensure with the Department.

(4) Conduct which subverts or attempts to subvert the examination process includes:

(a) Conduct which violates the security of the examination materials, such as removing from the examination room any of the examination materials; reproducing or reconstructing any portion of the licensing examination; aiding by any means in the reproduction or reconstruction of any portion of the licensing examination; selling, distributing, buying, receiving or having unauthorized possession of any portion of a future or current licensing examination.

(b) Conduct which violates the standard of test administration, such as communicating with any other applicant during the administration of the examination; copying answers from another applicant or permitting one’s answers to be copied by another applicant during the administration of the examination; having in one’s possession during the administration of the licensing examination any book, notes, written or printed materials or data of any kind, other than the examination materials distributed or specifically listed as approved materials for the examination room in the information provided to the applicant in advance of the examination date by the Department and/or the national supplier of the examination.

(c) Conduct which violates the credentialing process, such as falsifying or misrepresenting educational credentials or other information required for admission to the examination; impersonating an applicant or having an impersonator take the licensing examination on one’s own behalf.

(5) Any violation of the conduct rules or other irregularities will be documented in writing by the Department’s agent(s) and the documentation of the violation or irregularity will be presented to the appropriate regulatory board or departmental unit for consideration and action. The Department’s agent(s) shall exercise extreme care in their documentation to ensure that the violation or irregularities are precisely recorded as they were witnessed.

(6) The department or its designated agents shall take steps reasonably necessary to prevent or investigate any conduct which subverts or attempts to subvert the examination process.

History

• Rulemaking Authority 455.203(5), 455-217(1)(e) FS. Law Implemented 455.217(1), 455.2175 FS. History–New 9-25-80, Formerly 21-11.07, Amended 6-22-88, Formerly 21-11.007, Amended 9-18-96, 2-25-01, 9-1-02, 8-6-12.

Fla. Admin. Code R. 61-11.008 Licensure Examination Format and Procedures for Candidates with Disabilities (ADA)

(1) The Department of Business and Professional Regulation will provide reasonable and appropriate accommodations to candidates with physical, mental, or specific learning disabilities to the extent permitted by cost, administration restraints, security considerations, and availability of resources. Accommodations made will vary depending upon the nature and the severity of the impairment. Each case will be dealt with on an individual basis within the limits prescribed herein. In the instances of national examinations, guidance will be sought from the national provider. Reference information and guidelines regarding the process for documenting disabilities are contained in Form DBPR 2002-064B, titled “State of Florida Instruction Booklet Request for Examination Accommodations for Examinees with Disabilities,” effective September 2017, and incorporated herein, which may be obtained by writing the Department of Business and Professional Regulation, Attention: Examination Administration, 2601 Blair Stone Road, Tallahassee, Florida 32399-0791, or at https://www.flrules.org/Gateway/reference.asp?No=Ref-08804.

(2) A candidate requesting special accommodation must file Form DBPR 2002-064, titled “Application for Candidate’s Requesting Special Testing Accomodations,” effective June 2012, adopted and incorporated herein by reference, which can be obtained by writing Department of Business and Professional Regulation, Attention: Examination Administration, 2601 Blair Stone Road, Tallahassee, Florida 32399-0791 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-01541, in addition to his or her completed application for licensure examination by the final application deadline of the assigned examination. The candidate must provide the following documentation of his or her disability completed by an appropriate professional.

(a) The diagnosis and length of time with the condition;

(b) The name and the results of the test(s) used for diagnosis; and,

(c) Recommended accommodations and testing environment.

(3) Reasonable and appropriate accommodations will be made for qualifying candidates. All accommodations must be directly linked to the amelioration of the identified functional limitations caused by the asserted disability and must be reasonable and effective. Permissible accommodations include:

(a) Flexible Time. Candidates requiring extra time for the examination must submit a recommendation of such from an appropriate professional. The Department recognizes that reading Braille or using a live reader takes longer than reading regular print. Untimed examinations will not be provided.

(b) Flexible Setting. Individual and small group setting examination administrations shall be available to candidates when such a service is recommended by an appropriate professional.

(c) Flexible Recording of Responses. The candidate’s responses can be recorded by a proctor, a tape recorder, a typewriter, a Braille writer, marked on the examination book, or other method approved by the Department. The proctor may transcribe the candidate’s responses onto a machine scannable answer sheet. In these instances, the candidate will verify that the answers he or she indicated were marked.

(d) Flexible Format. The examination book may be produced in large print, high quality regular print, Braille, or the test may be tape recorded, read aloud, or signed by an interpreter.

(e) Assistive Devices. The candidate, upon approval of the department, will be allowed to use appropriate assistive devices, such as lights, magnifiers, or special computer screens.

(4) The Department shall request further evidence on the necessity of the accommodation when the evidence substantiating the need for the accommodation is not complete. The Department shall request that the applicant submit to another professional evaluation to verify the disability or to determine what accommodations are most appropriate and effective when the initial evaluation is inconclusive, unclear, or does not substantiate the need for the requested accommodation.

(5) In no case shall any modifications authorized herein be interpreted or construed as an authorization to provide a candidate with assistance in determining the answer to any test item. No accommodation or modification shall be made that adversely affects the integrity of the examination.

(6) Definition of Terms.

(a) A person with disabilities means any person who:

1. Has a physical, mental, or specific learning disability which presently substantially limits one or more major life activities;

2. Has a record of such a disability, or

3. Is regarded as having such a disability.

(b) Major life activities are activities that an average person can perform with little or no difficulty including walking, talking, hearing, breathing, learning, working, caring for one’s self, and performing manual tasks.

(c) A person with a physical disability means any person who has a permanent or temporary physical or psychomotor disability. Examples of a disability under this section include those disabilities that require the use of a wheelchair, braces, or crutches. It also includes candidates with a hearing or sight disability, or those who will need special accommodation to move about.

(d) A person with a learning disability means any person who has a permanent or temporary mental disability such as brain damage, brain dysfunction, dyslexia, or a perceptual disorder.

(e) For purposes of this rule, “an appropriate professional” means a physician licensed pursuant to Chapters 458 (Medical Practice) or 459 (Osteopathic Medicine), F.S.; a professional licensed pursuant to Chapter 460 (Chiropractic), 461 (Podiatric Medicine), 463 (Optometry), 468, Part I (Speech-Language Pathology and Audiology), or 490 (Psychological Services), F.S.; or appropriately licensed in the state where the certification of disability was performed. Any certification, documentation, or recommendation relating to a candidate’s disability provided by an appropriate professional pursuant to the requirements of this rule must not be beyond the scope permitted by law for that professional or that which the professional knows or has reason to know that he or she is not competent to perform.

History

• Rulemaking Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 9-25-80, Formerly 21-11.08, Amended 6-22-88, Formerly 21-11.008, Amended 2-25-01, 10-22-12, 1-1-18.

Fla. Admin. Code R. 61-11.009 Practical Examinations

(1) Candidates required to take a practical examination shall be informed by the Department in writing of the performance criterion and any special equipment required for such performance.

(2) In the event that professional examiners are employed to evaluate candidate performance in practical examinations, no less than two examiners shall independently evaluate the performance of each candidate. The independent grades of the examiners shall be averaged to produce the final score for each candidate unless computed in accordance with a formula approved by the appropriate board.

(3) Each examiner shall grade independently of the other, and shall not discuss the candidate’s performance with anyone at any time during the examination or before the grades are recorded.

(4) The practical examiners shall read to the candidates the instructions for each practical performance or the instructions shall be distributed in written form. The examiners shall grade the candidates only with regard to the prescribed performance criterion. The candidate and practical examiner shall not engage in conversation during the practical performance, unless said conversation is a part of the practical examination.

History

• Rulemaking Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217 FS. History–New 9-25-80, Amended 2-3-81, 8-5-85, Formerly 21-11.09, 21-11.009, Amended 4-27-94, 9-18-96, 2-25-01.

Fla. Admin. Code R. 61-11.010 Grading of Examinations and Grade Notification

(1) Pursuant to Section 455.217, F.S., grading of all examinations shall be processed only as follows:

(a) National Examinations shall be graded solely and exclusively by the national examination provider or its designee. National examinations shall include those developed by or for national boards, councils, associations or societies.

(b) Departmentally developed objective, multiple choice examinations shall be graded by the Department or its designee. The Department shall review the item analysis and any statistically questionable items after the examination has been administered. Based upon this review, the Department shall adjust the scoring key by totally disregarding the questionable items for grading purposes or by multi-keying, giving credit for more than one correct answer per item. All items which do not adequately and reliably measure the applicant’s ability to practice the profession shall be rejected. The Department or its designee shall calculate each candidate’s grade utilizing the scoring key or adjusted scoring key, if applicable, and shall provide each candidate with a grade report. The only paper that shall be graded is the official answer sheet. No credit shall be given for answers written in a candidate’s examination booklet.

(c) Departmentally developed practical examinations shall be graded by the Department or its designee. The Department shall review the item analysis, if applicable, examiner agreement report, and any procedure judged to be statistically questionable after the examination has been administered. Based upon this review, the Department shall adjust the scoring criteria by rejecting, crediting, or giving partial credit for any procedure or question which does not adequately and reliably measure the applicant’s ability to practice the profession. The Department or its designee shall calculate each candidate’s grade using the scoring criteria or adjusted scoring criteria, if applicable, and shall provide each candidate with a grade report.

(d) If after the distribution of grades for a particular administration there are adjustments to the scoring, amended grade reports shall be mailed to all failing candidates whose scores are increased and to all candidates whose pass/fail status changes due to the adjustment unless the candidate has taken and passed a subsequent administration of the examination.

(e) Examinations developed or administered for the Department by contracted vendors other than national examination providers shall be graded by the contracted vendor or by its designee. Grading procedures shall be in compliance with the provisions of this rule.

(2) The Department shall notify the candidate of the results of the candidate’s examination no later than sixty (60) days after the examination date, except when the grades, or portions thereof, are computed by the national board, council, association, or society responsible for a national examination in Florida. The grades for an examination containing a national portion shall be sent to the candidate no later than thirty (30) days after the receipt of the grades by the Department from the national board, council, association, or society responsible for the national examination in Florida. For Harbor Pilots, final results of the examination will be released sixty (60) days after the reviews are completed.

(3) The Department or its designee shall inform each passing candidate of the candidate’s status and provide necessary instructions for obtaining a license.

(4) Any candidate who does not receive a passing score on a licensure or certification examination will be notified of the examination results, the requirements for re-examination, review and formal administrative hearing rights and procedures.

History

• Rulemaking Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 9-25-80, Formerly 21-11.10, Amended 10-27-92, 5-27-93, Formerly 21-11.010, Amended 9-18-96, 2-25-01, 8-6-12.

Fla. Admin. Code R. 61-11.011 Candidate Review of Examination Questions, Answers, Papers, Grades and Grading Key

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 119.07(3)(c), 455.217(2) FS. History–New 9-25-80, Amended 10-15-81, 10-28-82, Formerly 21-11.11, Amended 6-14-89, 6-2-91, Formerly 21-11.011, Repealed 2-13-96.

Fla. Admin. Code R. 61-11.012 Petitioning for a Formal Administrative Hearing and Requesting a Pre-hearing Review

History

• Rulemaking Authority 455.203(5), 455.229 FS. Law Implemented 455.217, 455.229 FS. History–New 9-25-80, Amended 2-3-81, 12-7-81, Formerly 21-11.12, Amended 6-14-89, 5-2-91, 7-28-92, 10-27-92, 5-27-93, Formerly 21-11.012, Amended 9-18-96, 2-25-01, Repealed 8-6-12.

Fla. Admin. Code R. 61-11.013 Miscellaneous

History

• Rulemaking Authority 455.203(5) FS. Law Implemented 455.217(1) FS. History–New 9-25-80, Formerly 21-11.13, 21-11.013, Amended 9-18-96, Repealed 2-25-01.

Fla. Admin. Code R. 61-11.014 Security and Monitoring Procedures for Licensure Examination

History

• Rulemaking Authority 455.217(1)(d) FS. Law Implemented 455.217(1)(d) FS. History–New 12-20-81, Amended 10-28-82, Formerly 21-11.14, 21-11.014, Amended 9-18-96, Repealed 2-25-01.

Fla. Admin. Code R. 61-11.015 Definition of a National Examination

(1) A national examination is an examination developed by or for a national or multi-state professional association, board, council, or society (hereinafter referred to as organization) and administered for the purpose of assessing entry level standards of practice necessary to protect the health, safety, and welfare of the public from incompetent practice and meets the following standards:

(a) The organization must be generally recognized by practitioners across the nation in the form of representatives from the State Boards or shall have membership representing a substantial number of the nation’s or states’ practitioners who have been licensed through the national examination.

(b) The organization shall be the responsible body for overseeing the development and scoring of the national examination.

(2) Generally accepted testing standards must meet the following criteria:

(a) The examination assesses entry level standards of practice that shall be common to all practitioners;

(b) The practice of the profession at the national level must be defined through an occupational analysis with a representative sample of all practitioners and professional practices;

(c) The examination for licensure must assess the scope of practice and the entry skills defined by the national occupational analysis; and

(d) The organization shall provide security guidelines for the development and grading of the national examination and shall oversee the enforcement of these guidelines.

(3) Organizations that wish to provide an examination to be adopted and used by the Department shall complete Form DBPR-BET 001, titled “Examination Evaluation Questionnaire, Part A,” effective February 2012, adopted and incorporated herein, and Form DBPR-BET 002, titled “Examination Evaluation Questionnaire, Part B,” effective February 2012, adopted and incorporated herein. These questionaires can be obtained by writing to the Department of Business and Professional Regulation, Bureau of Education and Testing, Attention: Examination Administration, 2601 Blair Stone Road, Tallahassee, Florida 32399-0791. Form DBPR-BET 001 can also be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-01543 and Form DBPR-BET 002 can also be obtained at https://www.flrules.org/Gateway/reference.asp?No=Ref-01544.

History

• Rulemaking Authority 455.203(5), 455.217(1)(d) FS. Law Implemented 455.217(1)(d) FS. History–New 6-14-89, Formerly 21-11.015, Amended 2-25-01, 10-22-12.

Fla. Admin. Code R. 61-11.016 Guidelines for Sharing Department-Developed Examinations With Other States’ Licensing Authorities

(1) The Department shall, under conditions listed below and for a fee which recovers costs associated with such an action, with the concurrence of the appropriate board, share department-developed examinations with other state licensing authorities.

(2) Upon receipt of an expressed interest from another state’s licensing authority that a department-developed examination be shared, the Department shall require completion of a questionnaire that will gather specific and pertinent information concerning the other state’s need for an examination and the resources available to the other state for sharing the department examination.

(3) An agreement shall be entered into that will require the state licensing authority to adhere to the requirements listed in chapter 61-11, F.A.C., and any other applicable laws and rules.

(4) Absent a board and Department agreed-upon exception, the other state’s licensing authority may not be permitted to use security procedure and operating procedures that are less stringent or specific than those required and utilized by the Department.

History

• Rulemaking Authority 455.203(5), 455.217(1)(f) FS. Law Implemented 455.217(1)(f) FS. History–New 2-17-92, Formerly 21-11.016, Amended 2-25-01.

Fla. Admin. Code R. 61-11.017 Candidates’ Post Exam Review of Examination Questions, Answers, Papers, Grades and Grading Key

(1) Pursuant to Section 455.217(3), F.S., a candidate who has taken and failed a departmentally developed objective multiple choice examination, a departmentally developed practical examination, or an examination developed for the Department by a computer-based testing (CBT)-contracted vendor or qualified national testing vendor permitting such a service, will have the right to review only the last administered examination items, answer sheets, examination books, other examination papers, grades, and grading keys for the parts of the examination failed or the questions the candidate answered incorrectly. Review of examinations developed by or for a national council, association, or society (herein-after referred to as “national organization”) shall be conducted in accordance with national examination security guidelines and timeframes.

(2) Those candidates who elect to exercise their right to review must submit a request in writing to the Department or on-line with the computer-based testing (CBT)-contracted vendor within the time frame as set forth in this section.

(a) Unless otherwise provided in board rule, written or on-line review requests must be received no later than twenty-one (21) days after the release date on the original grade notification. The issuance of an amended grade notice, if applicable, will not extend the deadline for a candidate to request a post-examination review.

(b) No request received past the specified deadline in paragraph (2)(a) will be accepted.

(3) Examination reviews shall be conducted in the presence of a representative of the Department or CBT vendor at the Department’s Tallahassee headquarters, Orlando, or Miami, where possible. Only the applicant will be permitted to attend the examination review and only one (1) review of the applicant’s last administered examination will be allowed.

(a) All examination reviews shall be conducted in accordance with that examination’s administration procedures to the extent possible and feasible.

(b) All security rules defined in Rules 61-11.006 and 61-11.007, F.A.C., shall apply to all review sessions. Any candidate violating any provision of said rules shall be dismissed from the review session and may be subject to other sanctions pursuant to Department and/or Board statutes or rules as determined by the board or Department when there is no board.

(c) Unless specified otherwise in board rule, all examination reviews by candidates shall be scheduled and completed no later than ninety (90) days after the release date on the original grade notification. However, a candidate may not participate in a review during the twenty-one (21) day period immediately prior to his or her next examination attempt. The review and challenge process is only available for the last failed examination administered or taken by the applicant.

(d) A representative of the Department or the CBT vendor shall remain with all candidates throughout all examination reviews. Candidates shall be informed that the representative cannot defend the examination or attempt to answer any examination questions during the review.

(e) Candidates will be given an examination review time of one-half (1/2) the time provided for the examination administration of the part failed at the Department or at the CBT-contracted vendor’s examination site at any reasonable time, under reasonable conditions, and in the presence of a representative of the Department or the CBT-contracted vendor.

(f) Examination booklets used by the candidate during the examination are not retained. Candidates reviewing the examination will be provided with a clean, exact copy of the original test questions. They will not be given the actual examination booklets they used during the examination. Consequently, any marks or notes made by candidates during the examination will not be available during the review.

(g) Unless prohibited by board rule or national guidelines, candidates have the right to challenge any question that they believe to be ambiguous or any solution that they believe to be incorrect, and to request a formal administrative hearing if there are any disputed issues of material fact as set forth by Sections 120.569, 120.57, F.S., and Rule 61-11.012, F.A.C. The candidate’s challenges must be submitted in writing during the scheduled review. Any challenges or supporting documentation submitted after the candidate has left the review room shall not be accepted.

(h) Upon completion of reviews, candidates shall acknowledge in writing the review start time, the review end time, all materials reviewed, and other relevant review information, which candidate’s acknowledgement must be verified by a representative of the Department or the CBT-contracted vendor.

(4) In addition to the provisions of subsection (3), examination candidates shall be prohibited from leaving the review with any written challenges, grade sheets, or any other examination materials.

(5) If an examination review results in a re-grade of examination, that re-grade shall be limited to the candidate who filed the examination challenge. For a practical examination, unless examination security is involved, a candidate may obtain by mail a copy of his or her grade sheets resulting from a practical examination. The request must be made in writing to the Department, and adhere to provisions set forth in subsection (2).

(6) Unless otherwise specified in board rule or prohibited by guidelines as set forth by national contracted vendors, the review fee will not exceed $150 per exam part, in addition to any fee charged for review by the national organization, if there is one.

(7) If a successful challenge results in a regrade of an examination, that regrade shall be limited to the candidate who filed the successful challenge.

History

• Rulemaking Authority 455.203(5), 455.217(3), 455.229 FS. Law Implemented 119.071(1)(a), 455.217(3), 455.229 FS. History–New 10-26-92, Amended 5-27-93, Formerly 21-11.017, Amended 11-16-95, 9-18-96, 2-25-01, 8-6-12.

Fla. Admin. Code R. 61-11.0175 Petitioning for a Formal Administrative Hearing and Requesting a Pre-hearing Review

(1) If the candidate did not exercise his or her right for the post-examination review, pursuant to Section 455.217, F.S., and elects to request a formal administrative hearing, he or she will be required to pay the post-examination review fee, as specified by board rule or by Department rule when there is no board, before a pre-hearing review is scheduled. In order to preserve the security and integrity of the examination, such candidate shall be permitted to review only the questions and answers missed on the examination.

(2) Any comments made during the pre-hearing review will not be responded to by the Department. All pre-hearing reviews shall be conducted at a location determined by the Department. All security procedures outlined in Rules 61-11.007 and 61-11.017, F.A.C., shall apply to the candidate, the candidate’s attorney, and the candidate’s expert witness for all review sessions.

(3) In preparation for a formal administrative hearing, if it is discovered by the Department that credit should be awarded for one or more items outlined in the candidate’s petition, an amended grade notice shall be issued reflecting his or her amended score.

History

• Rulemaking Authority 455.203(5), 455.229 FS. Law Implemented 455.217, 455.229 FS. History–New 8-6-12.

Fla. Admin. Code R. 61-11.018 Translations

In authorizing the translation of licensure examinations to an applicant’s native language, the Legislature has determined that translated licensure examinations pose no inherent threat to the public health, safety, and welfare.

(1) To allow the Department sufficient time to translate an examination, an applicant for licensure in a profession directly regulated by the department wishing to take the examination in a language other than English or Spanish shall:

(a) File a written request with the Department at least six (6) months prior to the date of the scheduled examination.

(b) Submit, in addition to all other applicable fees, the required translation fee as defined in subsection (2) of this rule on or before the 60th day prior to the date of the scheduled examination.

(2) The Department shall notify the applicant of the amount of the translation fee on or before the 75th day prior to the scheduled examination. The amount of the fee for each applicant for the translated examination shall be a pro rata share for all applicants applying to take the scheduled translated examination to cover the Department’s full direct and indirect costs of the development, preparation, administration, grading and evaluation of the translated examination.

(3) Unless otherwise specified in board rule or prohibited by national guidelines, in lieu of a translated examination, candidates may elect to use a translation dictionary. This dictionary must consist of only word or phrase translations and must remain as published. Dictionaries containing definitions of words, explanations of words or handwritten notes will not be permitted. A representative of the Department of Computer-Based Testing (CBT)-contacted vendor staff will inspect the dictionary at the examination site and approve it before it can be used during the examination. Any dictionary that does not meet these criteria will be rejected.

History

• Rulemaking Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217(6) FS. History–New 1-4-94, Amended 2-25-01, 8-6-12.

Fla. Admin. Code R. 61-11.019 Use of Pilot Test Items in Examinations

Written examinations developed by or for the Department may include pilot test or experimental questions for the purpose of evaluating the statistical and/or psychometric qualities of new or revised questions prior to their use in an examination. Pilot test or experimental questions will not be identified to the candidates as pilot test questions on the examination.

(1) The maximum number of pilot test questions included in a single examination shall not exceed 20 percent (20%) of the number of questions on the examination which are not pilot test questions, or ten (10) questions, whichever is greater.

(2) Pilot test questions shall not be counted toward the candidate’s score on the examination. Answers to pilot test questions shall not be subject to review by the candidate during the review process.

History

• Rulemaking Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 8-28-95, Amended 2-25-01.

Chapter 61-15 ELECTRONIC FUNDS TRANSFER

Fla. Admin. Code R. 61-15.001 Scope of Rules

This chapter sets forth rules to be used by the Department of Business and Professional Regulation in the administration of Sections 210.021, 210.31, 550.0251(8), and 561.111, F.S., authorizing the secretary of the department to require certain taxpayers to remit taxes and fees by electronic transfer of funds. If there is a conflict between these rules and any other rules applicable to taxes or fees subject to electronic funds transfer, these rules shall govern.

History

• Rulemaking Authority 20.05, 210.10, 210.021(3), 210.75(2), 550.0251, 561.08, 561.11 FS. Law Implemented 210.021, 210.31, 550.0251(8), 550.0951, 561.111 FS. History–New 8-29-91, Formerly 7-8.001.

Fla. Admin. Code R. 61-15.002 Definitions

For the purposes of this rule chapter, the terms and phrases used in these rules shall have the meanings prescribed in this section, unless a different meaning is clearly indicated by the context in which the term or phrase is used.

(1) “ACH” or “Automated Clearing House” means a central distribution and settlement point for the electronic clearing of debits and credits between financial institutions rather than the physical movement of paper items.

(2) “ACH credit” means the electronic transfer of funds generated by the taxpayer, cleared through the ACH for deposit to the State Treasury.

(3) “ACH debit” means the electronic transfer of funds from the taxpayer’s account which is generated upon the taxpayer’s instruction and cleared through the ACH for deposit to the State Treasury.

(4) “Addenda record” means that information required by the department in an ACH credit transfer or wire transfer, in approved electronic format.

(5) “Call-in day” means the day on which a taxpayer communicates payment information to the data collection center.

(6) “Call-in period” means the specified time interval in each call-in day during which EFT payment information received by the data collection center is processed for transactions occurring on the next business day. In accordance with established banking practice, payment information must be communicated to the data collection center prior to 3:45 p.m. (Eastern Time), on the call-in day to clear the ACH for deposit in the State Treasury on the next business day.

(7) “Data collection center” means the entity who, on behalf of the department, collects and processes EFT payment information from taxpayers.

(8) “Department” means Florida Department of Business and Professional Regulation.

(9) “Due date” means the date on or before which a taxpayer must, by law, pay a fee or tax to the department.

(10) “Electronic funds transfer” or “EFT” means any transfer of funds initiated through an electronic terminal, telephone instrument, computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account using the methods specified in these rules.

(11) “Payment information” means the data which the department requires of a taxpayer making an EFT payment and which must be communicated to the data collection center.

(12) “Payor” means the taxpayer.

(13) “Payor information number” means a confidential code assigned to each taxpayer which uniquely identifies the payor and allows the payor to communicate payment information to the data collection center. The taxpayer will be given a separate payor identification number for each tax type.

(14) “State fiscal year” means July 1 through June 30.

(15) “Taxpayer” means any person required to remit an amount by the electronic transfer of funds. Solely for the purpose of these rules, a “person” includes any individual, firm, partnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate, or other group or combination acting as a unit and also includes any political subdivision, municipality, state agency, bureau, or department and includes the plural as well as the singular number. The term “person” does not include county tax collectors or those political subdivisions, municipalities, state agencies, bureaus, or departments which remit taxes subject to EFT through journal transfer. Solely for the purposes of these rules, a person required to remit a tax acting as a collection agent or dealer for the state shall nonetheless be considered a taxpayer.

(16) “Tax type” means a tax which is subject to EFT, each of which shall be considered a separate category of payment. The tax types for which taxpayers will be required to pay amounts due by EFT are as follows:

(a) Taxes due under Section 210.02, F.S., from cigarette dealers.

(b) Taxes due under Section 210.30, F.S., from distributors of tobacco products.

(c) Taxes and fees due under Sections 550.0951 and 550.09511, F.S., from pari-mutuel permitholders.

(d) Taxes due under Section 563.05, F.S., from manufacturers, distributors and vendors of malt beverages.

(e) Taxes due under Section 564.06, F.S., from manufacturers and distributors of wine and beverages.

(f) Taxes due under Section 565.12, F.S., from manufacturers and distributors of liquor and beverages.

(17) “Trace number” means the verification code provided by the data collection center upon receipt of all payment information from the payor which uniquely identifies the completed communication of payment information.

(18) “Treasury” or “state treasury” means the Treasury of the State of Florida.

(19) “Wire transfer” or “FED Wire” means an instantaneous electronic funds transfer generated by the taxpayer to the state treasury.

History

• Rulemaking Authority 20.05, 210.10, 210.021(3), 210.75(2), 550.0251, 561.08, 561.11 FS. Law Implemented 210.021, 210.31, 550.0251(8), 550.0951, 561.111 FS. History–New 8-29-91, Formerly 7-8.002.

Fla. Admin. Code R. 61-15.003 General Requirements

(1) All taxpayers who are required to remit taxes through EFT, shall participate for a minimum of 1 year. During this period, taxpayers shall not be added to the list of required participants. Taxpayers identified on the basis of prior year tax payments will be contacted by the department at their last address of record. Once selected for the EFT requirement, the taxpayer must electronically transmit all payments for that tax type as provided in this chapter. All taxpayers who paid $50,000 or more during the previous state fiscal year in any single tax type, as herein defined, must remit taxes through EFT. Other taxpayers may choose to voluntarily participate in the EFT program.

(2) Taxpayers who receive permits under Section 210.15, F.S., and who are authorized under Section 210.05, F.S., to affix stamps and remit cigarette excise taxes to the state using the cash payment system, may elect to continue using the cash system in lieu of implementing the electronic funds transfer method. Taxpayers on the cigarette cash system using the electronic funds transfer method must comply with the requirements of this rule chapter, and provide verification to the department that an electronic funds transfer has been made before receiving cigarette stamps from the department. Taxpayers who are authorized under Section 210.15, F.S., to affix stamps and remit cigarette excise taxes to the state using the deferred payment system under Section 210.05, F.S., must implement the electronic funds transfer method.

(3) Upon receipt of the Electronic Funds Transfer Authorization Form, the taxpayer must complete the form and return it to the department. Pertinent payor information provided with the form will be furnished to the State Treasurer’s bank and the data collection center.

(4) Upon receipt of payor information from the department, the data collection center shall assign a confidential payor identification number directly to the taxpayer to be used by the taxpayer when communicating payment information to the data collection center. This number shall be provided to the taxpayer prior to the date the first required payment is due under the EFT program.

(5) A taxpayer must provide at least 30 days written notice of any change of information required with the electronic funds transfer authorization form by submitting a revised form to the department.

(6) The department prescribes Form DR-600, Electronic Funds Transfer Authorization Form, by the Department of Revenue and incorporated in Rule 12-24.004, F.A.C., as the form to be used for the purposes of this chapter. Copies of this form may be obtained without cost by written request to the Department of Revenue, Division of Taxpayer Assistance, Bureau of Tax Information and Media Services, P.O. Box 7443, Tallahassee, Florida 32399-7443.

History

• Rulemaking Authority 20.05, 210.10, 210.021(3), 210.75(2), 550.0251, 561.08, 561.11 FS. Law Implemented 210.021, 210.05, 210.15, 210.31, 550.0251(8), 550.0951, 561.111 FS. History–New 8-29-91, Formerly 7-8.003, Amended 5-14-97.

Fla. Admin. Code R. 61-15.005 Methods of Electronic Fund Transfer

(1) The department will utilize the ACH debit transfer as the method by which certain large taxpayers subject to EFT requirements shall remit taxes by electronic funds transfer.

(2) The Secretary or the Secretary’s designee will consider taxpayers’ requests to use the ACH credit method on a case by case basis, as an exception to the required use of the ACH debit method.

(a) A taxpayer who requests permission to use the ACH credit method must submit a written request to the department through the Department of Revenue which demonstrates the existence of a valid business operational reason for using the ACH credit method in lieu of the ACH debit method. A taxpayer who is already using the ACH credit method is deemed to have a valid business reason for using the ACH credit method to remit payments of Florida taxes.

(b) The written request to use the ACH credit method shall be filed with the Chief, Bureau of Revenue Processing, Department of Revenue, 5050 West Tennessee Street, Tallahassee, Florida 32399. The department will accept facsimile transmissions at telephone (850)922-5088.

(c) Use of the ACH credit method by a taxpayer will be conditioned upon the taxpayer’s agreement to provide payment information to the data collection center as provided in these rules.

(d) The department reserves the right to revoke the ACH credit method payment privilege of any taxpayer who: does not consistently transmit error-free payments; substantially varies from the requirements and specifications of these rules; repeatedly fails to make timely EFT payments or to timely provide payment information; or repeatedly fails to provide the required addenda record with the EFT payment.

History

• Rulemaking Authority 20.05, 210.10, 210.021(3), 210.75(2), 550.0251, 561.08, 561.11 FS. Law Implemented 210.021, 210.31, 550.0251(8), 550.0951, 561.111 FS. History–New 8-29-91, Formerly 7-8.005.

Fla. Admin. Code R. 61-15.007 Payment Transmission Errors

(1) If a taxpayer does not make a correct payment of tax for a particular period, such taxpayer shall, on the nearest business day to the date on which the error is discovered, contact the Chief of Finance and Accounting or a designee at telephone (850)488-2014 for specific instructions.

(a) If the taxpayer error involves an overpayment of tax, the taxpayer may either elect to have the overpayment applied against the liability for the next reporting period or apply for a refund under the provisions of the applicable tax statute.

(b) If the taxpayer error involves an underpayment of tax, the taxpayer must make appropriate arrangements to initiate payment for the amount of the underpayment.

(2) In accordance with established banking practice, if a taxpayer using the ACH debit method communicates payment information to the data collection center after 3:45 p.m. (Eastern Time), on the business day immediately preceding the due date, the payment shall be posted to the taxpayer’s account on the next business day following the due date and such circumstances shall constitute late payment.

(3) Except as provided in these rules, a failure to make a timely EFT payment because of other circumstances under the taxpayer’s control, including insufficiency of funds in the taxpayer’s account or a direct payment to the department using an unauthorized payment method, shall result in the loss of the taxpayer’s collection allowance, if applicable, and assessment of the appropriate penalties and interest by the department.

History

• Rulemaking Authority 20.05, 210.10, 210.021(3), 210.75(2), 550.0251, 561.08, 561.11 FS. Law Implemented 210.021, 210.31, 550.0251(8), 550.0951, 561.111 FS. History–New 8-29-91, Formerly 7-8.007.

Fla. Admin. Code R. 61-15.008 Procedures for Payment

(1) ACH Debit Method.

(a) The taxpayer must report payment information to the data collection center, by the approved means of communication, no later than 3:45 p.m. (Eastern Time), on the business day immediately preceding the due date of the payment. The data collection center must be called, using the specified toll-free number, during the call-in period specified in the detailed instructions provided to EFT taxpayers. The department will bear the costs of processing EFT payments. Communication by the taxpayer during the call-in period is mandatory to assure the timely posting of the taxpayer’s payment.

(b) A trace number will be issued at the conclusion of the communication of the payment information for each tax type and tax period. This number provides a means of verifying the accuracy of the recorded tax payment and serves as a receipt for the transaction.

(c) After the expiration of the call-in period, the department will receive an electronic transmission from the data collection center containing all the payment information that has been communicated to the data collection center during that call-in period.

(2)(a) ACH Credit Method. Taxpayers who have been granted permission to use the ACH credit method must contact their own financial institutions and make the arrangements to transfer the tax payment to the Treasury via an ACH credit transfer. The department will not bear the costs for taxpayers to use the ACH credit method.

(b) To assure the timely receipt of payment of tax, a taxpayer must initiate the payment transaction with its financial institution in time for the payment to be deposited as collected funds to the State Treasury on or before the appropriate due date.

(c) All ACH credit transfers must be accompanied by a CCD + addenda record, in the format specified by the department, which includes the following information:

1. Taxpayer’s name,

2. Taxpayer’s identification number,

3. Tax type,

4. Document type,

5. Amount of payment,

6. Tax period,

7. Name and account of correspondent bank,

8. Name of receiving bank,

9. State Treasury account number; and,

10. American Bank Association 9-digit transit number of receiving bank.

(d) If the taxpayer repeatedly fails to provide the department with the required addenda record which conforms to the requirements of the department, the taxpayer may be required to use the ACH debit method.

(3) Wire transfer. Taxpayers who, due to circumstances beyond their reasonable control, are unable to initiate a timely payment of tax through the ACH debit method or the ACH credit method may request the department's permission, on an exception basis, to transmit payments of tax to the state treasurer’s account via wire transfer.

(a) In order to initiate the transmission, the taxpayer must contact the Department of Revenue's hotline at telephone (850)487-7972 or 1(800)352-3671. The taxpayer must present the emergency situation which prevents timely compliance under either the ACH debit method or ACH credit method and request verbal approval to wire transfer the tax payments in question to the state treasury.

(b) Taxpayers who are granted verbal approval to use wire transfer as an exception to either the ACH debit method or ACH credit method will be given specific instructions regarding the payment information that must accompany the wire transfer.

1. All wire transfers must be accompanied by an addenda record, in the format specified by the department, which includes the following:

a. Taxpayer’s name,

b. Taxpayer’s identification number,

c. Tax type,

d. Document type,

e. Amount of payment,

f. Tax period,

g. Name and account of correspondent bank,

h. Name of receiving bank,

i. State Treasury account number; and,

j. American Bank Association 9-digit transit number of receiving bank.

2. The Department will not bear any costs associated with the wire transfer.

(c) Wire transfers which are not received by the State Treasury on or before the due date of the transmitted payments of tax will constitute late payment and the applicable late filing penalties, interest, and loss of collection allowance shall apply.

History

• Rulemaking Authority 20.05, 210.10, 210.021(3), 210.75(2), 550.0251, 561.08, 561.11 FS. Law Implemented 210.021, 210.31, 550.0251(8), 550.0951, 561.111 FS. History–New 8-29-91, Formerly 7-8.008.

Fla. Admin. Code R. 61-15.010 General Administrative Provisions

(1) Taxpayers who are required to remit tax payments through EFT must initiate the transfer, in accordance with established banking practice, so that the amount due is deposited as collected funds to the State Treasurer’s account on or before the due date under the appropriate law. If a tax due date falls on a Saturday, a Sunday, a legal holiday as defined in Section 658.70(1), F.S., or on a legal holiday of the jurisdiction in which the taxpayer’s financial institution is located, the deposit by electronic funds transfer is required on or before the first banking day thereafter. For the purposes of these rules, “banking day” has the meaning prescribed in Section 658.70(1), F.S. If the date on which the taxpayer is required to initiate either an ACH debit or an ACH credit transfer falls on a Saturday, Sunday, or business or banking holiday, the taxpayer must either initiate the transaction on the preceding business day or wire transfer the funds pursuant to subsection 12-24.008(3), F.A.C.

(2) The EFT method of payment does not change any current filing requirements for tax returns. Except as otherwise provided in these rules, if the EFT payment is not timely made or the tax return required is not filed by the due date, any applicable provisions for late filing penalties, interest, or loss of collection allowances shall apply under the provisions of the appropriate law.

(3) The provisions of Chapter 120, F.S., shall govern the compromise and settlement of any tax, interest, or penalty assessed due to the late payment of an electronically filed payment, except as provided in these rules.

(a) Good cause for the compromise of any penalty resulting from such late payment shall include the following:

1. The inability to access the EFT system on the required date because of a system failure beyond the reasonable control of the taxpayer,

2. The failure of the EFT system to properly apply a payment, or

3. The failure of the EFT system to issue proper verification of receipt of payment information.

(b) A taxpayer who is required to remit payments under the EFT program and who is unable to make a timely payment because of system failures within the banking system or ACH interface which are beyond the taxpayer’s control shall not be subject to penalty or interest for late payment or loss of any applicable collection allowance.

(c) Errors made by the data collection center, the State Treasury, or the department shall not subject the taxpayer to loss of any applicable collection allowance or assessment of any penalty or interest for late payment.

(4) To qualify for an exception, the taxpayer must demonstrate that a good faith effort to comply was made, or that circumstances beyond the taxpayer’s reasonable control prevented compliance by the required date, or that a mistake or inadvertence prevented timely payment when the taxpayer attempted to correctly and timely initiate EFT payment.

(5) Taxpayers who need general information concerning the EFT program can contact the Department of Revenue by telephone at (850)487-7972 or its toll-free number 1(800)352-3671 (Florida only), or may contact the department.

(6) Voluntary inclusion in EFT. Those taxpayers who are required to participate in the EFT program due to a prior year tax liability for a tax type may request permission to also remit other tax types by EFT. Written requests for voluntary inclusion in the EFT program should be directed to the Chief of Finance and Accounting, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0780, at least 60 days prior to the due date of the payments in question.

(7) A taxpayer who remits a tax type by EFT shall indicate this fact on the return when it is filed. Solely for the purposes of this rule, “return” means the form designated for filing the report of taxes due for a period, including forms for making installments of estimated tax and tentative tax returns.

History

• Rulemaking Authority 20.05, 210.10, 210.021(3), 210.75(2), 550.0251, 561.08, 561.11 FS. Law Implemented 210.021, 210.31, 550.0251(8), 550.0951, 561.111 FS. History–New 8-29-91, Formerly 7-8.010, Amended 5-14-97.

Chapter 61-16 TAX MATTERS

Fla. Admin. Code R. 61-16.001 Scope of Rules

History

• Rulemaking Authority 72.011(2)(b)3. FS. Law Implemented 72.011, 72.031 FS. History–New 2-19-98, Repealed 6-28-12.

Fla. Admin. Code R. 61-16.002 General Administrative Procedures

(1) TAX AND TAX ASSESSMENTS PENALTIES – DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO. Any tax assessment, assessment penalty or interest assessment issued by the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, becomes final for purposes of Section 72.011, Florida Statutes, when a Notice of Assessment indicating an assessment and/or assessment penalty and/or interest assessment has been served on a taxpayer.

(2) TAX AND TAX ASSESSMENTS PENALTIES – DIVISION OF PARI-MUTUEL WAGERING. Any tax assessment, assessment penalty or interest assessment issued by the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, becomes final for purposes of Section 72.011, Florida Statutes, when an administrative complaint or other charging document indicating an assessment and/or assessment penalty and/or interest assessment has been served on a taxpayer.

(3) TAX REFUND DENIAL. Any tax refund denial issued by the Department of Business and Professional Regulation becomes final for purposes of Section 72.011, Florida Statutes, when final agency action is taken by the Department concerning the refund request and taxpayer is notified of this decision and advised of alternatives available to the taxpayer for contesting the action taken by the agency.

History

• Rulemaking Authority 72.011(2)(b)3. FS. Law Implemented 72.011, 72.031 FS. History–New 2-19-98.

Chapter 61-19 TALENT AGENCIES

Fla. Admin. Code R. 61-19.001 Purpose

History

• Rulemaking Authority 468.401, 468.402(3) FS. Law Implemented 468.401(5), 468.402 FS. History–New 7-27-87, Formerly 21-19.001, Repealed 3-28-96.

Fla. Admin. Code R. 61-19.002 Definitions

(1) “Manager” means one who advises, guides or directs an artist in career development and is not primarily involved in placing the artist in employment.

(2) “Modeling or photographing a minor in the nude in the absence of written permission from the minor’s parents or legal guardians” means the visual display of the buttocks, genitals, or female breast, areolae, or nipples of a person under the age of eighteen (18) years without having both the parents, if living, or legal guardians, of said minor fully advised of the intended activity, and both parents’ or guardians’ execution of written consent for such visual display of their child or ward.

(3) “Similar experience” means direct experience as a subagent, casting director, producer, director, advertising agent, talent coordinator or musical booking agent, or having been employed in an occupation that is primarily oriented toward placing, or attempting to place, others into employment circumstances.

(4) “Actively participating” means actual supervision of and involvement in the operations and business of the corporation.

(5) “Consent of Department for business transacted under alternate name” means written consent issued by the Secretary or the Secretary’s authorized agent.

(6) “Divided fee” means the process by which, without written contractual approval of the artist, any two or more persons receive compensation for placing an artist and the total compensation paid to such agents exceeds the compensation that would have been paid to only one agent acting in behalf of the artist.

(7) “Principal officer” means:

(a) President, Vice President, Secretary or Treasurer of a corporation, or

(b) Any other officer who has management responsibilities in the corporation, as documented by the corporate chapter or by-laws.

(8) “Financially interested” means having either equity ownership in or receiving compensation from a business enterprise.

History

• Rulemaking Authority 468.402(3) FS. Law Implemented 468.401(5), (9), 468.403(4)(b), 468.403(7), 468.404(3), 468.405(2), 468.412(7), 468.412(8) FS. History–New 7-27-87, Amended 7-6-88, 9-10-92, Formerly 21-19.002, Amended 3-9-16.

Fla. Admin. Code R. 61-19.003 Application Requirements

Each owner and operator of a talent agency wishing to obtain a license and renewal thereafter shall submit a completed application on Form DBPR TA-1, Application for Licensure as a Talent Agency, effective January 2018, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-08814, which can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, together with the application fee as specified in Rule 61-19.005, F.A.C. In addition to the application form, each owner and operator shall submit the following information and documents:

(1) The application must be accompanied by a complete set of fingerprints submitted electronically to the Florida Department of Law Enforcement (FDLE) and the Federal Bureau of Investigations (FBI) for state and national criminal history record checks, executed no more than 60 days prior to filing. All sets of fingerprints must be submitted by a live-scan vendor or service provider that has been approved by FDLE to electronically submit criminal history requests. If the set of fingerprints are taken on a physical fingerprint card, it must be scanned and submitted by a FDLE-approved live-scan vendor or service provider. All applicants must ensure to provide the correct Originating Agency Identifier (ORI), FL921670Z, programmed for Talent Agency License, to the live-scan vendor or service provider. Failure to provide the correct ORI number may result in an incomplete application. The cost of fingerprint processing shall be paid by the applicant directly to the FDLE-approved vendor or service provider. All personal information requested on the card must be affixed thereon by the applicant;

(2) Each application must be accompanied by one (1) photograph of the applicant owner and operator, 2'' × 2'' of passport style and quality, taken within preceding two (2) years, suitable for identification purposes. The applicant’s name shall be printed on the back of each photograph;

(3) The names and residence addresses of the owner or owners;

(4) Proof that the operator has employment history that consists of at least one (1) year of direct or similar experience in the talent agency or similar business;

(5) Affidavits of five (5) reputable persons, who have known or been associated with the applicant for three (3) years, that the applicant is a person of good moral character, or in the case of a corporation, that the corporation has a reputation for fair dealings; on affidavit forms provided by the Department;

(6) A statement showing whether the applicant, owner, operator, or other persons financially interested in the talent agency are also financially interested in any other business of like nature, and, if so, the extent of such financial interest and other business of like nature;

(7) A schedule of maximum fees, charges and commissions which the applicant intends to charge and collect for its services; and

(8) If the application is not from a corporation, the names and residence addresses of all persons, other than bona fide salaried employees, who are financially interested in the operation of the talent agency as partners, associates, or profit sharers and the amount of such interest; or

(9) If the application is from a corporation, the corporate name and the names, residence addresses, and telephone numbers of all persons actively participating in the business of the corporation, and the names of all persons exercising managing responsibility in the applicant’s or licensee’s office.

(10) In the event the applicant for or holder of a talent agency license wishes to change or transfer ownership or operation other than that designated in the license, the applicant or licensee must complete and submit to the Department Form DBPR TA-2, Application for Change of Owner or Operator, effective January 2018, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-08815, which can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, together with the application fee as specified in Rule 61-19.005, F.A.C.

(11) In the event the applicant for or holder of a talent agency license wishes to change the name or location of the talent agency other than that designated in the license, the applicant or licensee must complete and submit to the Department Form DBPR TA-3, Application for Talent Agency Name or Location Change, effective December 2017, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-08816, which can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, together with the application fee as specified in Rule 61-19.005, F.A.C.

(12) In the event the applicant for or holder of a talent agency license wishes to update the name and/or address of any owner and/or operator other than that designated in the license, such applicant or licensee must complete and submit to the Department Form DBPR TA-4, Application for Owner or Operator Name or Address Change, effective March 2013, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-08817, which can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, together with any applicable fees as specified in Rule 61-19.005, F.A.C.

(13) Any owner or operator of a talent agency wishing to obtain a license by endorsement must submit a completed application form DBPR TA-5, Application for Licensure by Endorsement, effective July, 2024, adopted and incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-17486.

History

• Rulemaking Authority 455.2035, 455.213, 468.402(3) FS. Law Implemented 455.2135, 468.403, 468.405(2), 468.406(1), 559.79 FS. History–New 7-27-87, Amended 7-6-88, Formerly 21-19.003, Amended 9-18-18, 3-16-25.

Fla. Admin. Code R. 61-19.004 Surety Bond

History

• Rulemaking Authority 468.402(3) FS. Law Implemented 468.408 FS. History–New 7-27-87, Formerly 21-19.004, Repealed 9-20-15.

Fla. Admin. Code R. 61-19.005 Fees

The following fees shall be charged for talent agencies:

(1) Application fee – $300.

(2) Initial license fee – $200 if licensed after May 31 of any odd numbered year; otherwise initial license fee of $400, license to expire on May 31 of each even numbered year.

(3) Renewal of license – $400.

(4) Reinstatement:

(a) Delinquency fee of $25 in addition to the regular current biennial renewal fee if late less than 45 days.

(b) Reinstatement of license for failure to renew when late more than 45 days shall be $150 in addition to the regular current biennial renewal fee.

(c) Reinstatement of license for disciplinary action shall be $400, in addition to the regular current biennial renewal fee.

(5) Change of license name or location – $25. (This applies in change of name of agency or location of agency when owner and operator remain the same.)

(6) Reapplication with $300 application fee any time owner changes.

(7) Reapplication with $150 application fee any time operator changes.

(8) Payment for duplicating and replacing lost or damaged license. There is no requirement of law that the Department provide duplicate copies of licenses. If, however, a licensee wishes to request the Department to provide a duplicate license as a courtesy and convenience to the licensee, the Department will grant the request if it is in writing and accompanied by a payment of $25.00.

History

• Rulemaking Authority 455.2035, 468.402(3) FS. Law Implemented 455.219, 468.403, 468.404 FS. History–New 7-27-87, Amended 7-6-88, 9-9-91, Formerly 21-19.005, Amended 9-18-18.

Fla. Admin. Code R. 61-19.006 Renewal

(1) Biennial renewal of all licenses for talent agencies shall be renewed by May 31 of each even numbered year on the form prescribed and upon payment of the fee specified in Rule 61-19.005, F.A.C., and submission proof of renewal of a $5,000 surety bond for the total 2-year period to be placed on file with the Department. The Department shall notify all licensees of the expiration of such licenses no less than sixty (60) days prior to the renewal period.

(2) Any license not renewed by the expiration date automatically terminates the licensee’s right to continue to engage in the business for which the license was issued. The expired license may be reinstated upon payment of a late renewal penalty fee as specified in Rule 61-19.005, F.A.C., if paid within 45 days of the expiration date of the license. If a license renewal is delinquent more than 45 days, the license may be reinstated only by procedures as specified in Rule 61-19.007, F.A.C.

History

• Rulemaking Authority 455.2035, 468.402(3) FS. Law Implemented 468.404(1), 468.408 FS. History–New 7-27-87, Amended 7-6-88, Formerly 21-19.006, Amended 8-9-18.

Fla. Admin. Code R. 61-19.007 Reinstatement

A license suspended for failure to renew, or suspended or revoked by virtue of disciplinary action by the Department may be reinstated upon application to the Department, which application shall include:

(1) All information required for initial licensure as specified in Rule 61-19.003, F.A.C., insofar as such information differs from the initial application.

(2) A complete statement of the factual circumstances leading to the suspension or revocation and the showing that such circumstances will not recur.

(3) Payment of the current biennial renewal fee and the additional reinstatement fee as specified in Rule 61-19.005, F.A.C.

History

• Rulemaking Authority 468.402(3) FS. Law Implemented 455.203(10), 455.213(1), (2), 468.402, 468.403, 468.404(1), 468.405(1) FS. History–New 7-27-87, Formerly 21-19.007.

Fla. Admin. Code R. 61-19.008 Temporary Operation Upon Absence of Licensed Individuals

(1) In the event that persons upon whose qualifications the license was issued cease to be associated with the talent agency, the agency shall immediately notify the Department that such person is no longer connected with the agency and shall notify the Department of the agency’s intention to either cease business as a talent agency or seek approval of a new owner or operator.

(2) In the event the agency elects to cease doing business as a talent agency, the agency shall immediately cease entering into new contracts and give written notice to all artists with whom it has present contracts of its intent to cease business. For a period of not more than 90 days it may continue to administer existing contracts and shall assist artists under contract in transferring to a new agency.

(3) In the event the agency elects to qualify a new operator, the Department may issue a temporary license for a period not to exceed 90 days authorizing the agency to continue doing business as a talent agency until the new operator is qualified and a permanent license issued.

History

• Rulemaking Authority 468.402(3) FS. Law Implemented 468.404(2), 468.404(3) FS. History–New 7-27-87, Formerly 21-19.008.

Fla. Admin. Code R. 61-19.009 Fines

Upon proof of violation of the term of Part VII, Chapter 468, F.S., the Department may impose fines, civil penalties and license suspension or revocation. The following monetary fines are adopted but are not exclusive of any other remedy authorized to be sought by the Department:

(1) Failure to display license – up to $50;

(2) Any other violation of Part VII, Chapter 468, F.S. – a civil penalty in an amount not to exceed the biennial license fee up to $400.

(3) Minor Violations, Notice of Noncompliance.

(a) As an alternative to the provisions of Sections 455.225(1) and (2), F.S., the Department may provide a licensee with a notice of non-compliance for an initial offense of a minor violation.

(b) Minor violations that do not endanger the public health, safety and welfare, and which do not demonstrate a serious inability to practice the profession are:

1. Failure to file with the Department an amended or supplemental schedule of maximum fees, if changes in such occur, pursuant to Section 468.406(1), F.S., provided the licensee notifies the Department of such changes no later than five (5) days before said changes are to become effective, noticed verbally first if necessary and followed up with written correspondence immediately thereafter.

2. Failure to conspicuously post the talent agency license in a manner as to be open to the view of the public, pursuant to Section 468.407(2), F.S., provided that the license is posted in the talent agency, but not in the most public view, and that the license is conspicuously posted within five (5) days of notification by the Department.

3. Failure to conspicuously post a printed copy of the statutes and rules governing talent agencies, pursuant to Section 468.412(4), F.S., provided that such has previously been posted, but not in an adequately conspicuous location, and that such conspicuous posting is accomplished within five (5) days of notification by the Department.

4. Failure to include in any type of advertisement as defined by Section 468.412(6), F.S., or any Department rule, the full street address and city of the talent agency, provided such failure is corrected and verified by the Department within fifteen (15) days of notification by the Department.

History

• Rulemaking Authority 455.225(3), 468.402(3) FS. Law Implemented 455.225(3), 468.402, 468.407(2) FS. History–New 7-27-87, Amended 6-12-90, Formerly 21-19.009.

Fla. Admin. Code R. 61-19.010 Miscellaneous Provisions

History

• Rulemaking Authority 468.402(3) FS. Law Implemented 455.203, 468.404(1), 468.406(2), 468.407(1), 468.408, 468.410(3), 468.412(6) FS. History–New 7-27-87, Amended 7-6-88, 9-9-91, Formerly 21-19.010, Repealed 9-20-15.

Fla. Admin. Code R. 61-19.011 Citations

(1) Citations shall be issued pursuant to Section 455.224, F.S.

(2) Citations shall be issued by the Bureau of Investigative Services, and when necessary, after review by the Bureau of Legal Services.

(a) The field investigative staff shall complete a BPR Uniform Complaint Form (UCF) describing the alleged violation, and shall forward the UCF to the Complaint Section for service of the citation.

(b) The citation shall be served on the Subject by U.S. Mail, certified with return receipt, and the Complainant shall be notified by letter that a complaint has been opened.

(3) The Department is authorized to dispose of any violation designated herein by issuing a citation to the Subject within six months after the filing of the complaint that is the basis for the citation. The citation(s) served shall become a final order of the Department within thirty (30) days after the citation(s) is/are served if the citation(s) is/are not disputed in writing in accordance with the procedure outlined on the citation(s). All fines or costs assessed pursuant to a citation must be paid within sixty (60) days from the date the citation(s) was/were served. Failure to timely pay the citation(s) will result in additional disciplinary action. Payments shall be made in accordance with the procedures specified on the citation(s).

(4) The following violations may be issued citations where there is no harm to consumers as a result of the violation(s):

(a) Pursuant to Section 468.402(1)(f), F.S., failure to disclose information, produce documents or records;

(b) Pursuant to Section 468.402(1)(h), F.S., charging more for services than the specified schedule of maximum fees;

(c) Pursuant to Section 468.402(1)(k), F.S., fraudulent, false, deceptive or misleading advertising;

(d) Pursuant to Section 468.402(1), F.S., advertising or operating under a name other than that appearing on the license;

(e) Pursuant to Section 468.413(2)(a), F.S., failure to notify the department and surety or sureties of change in name or location;

(f) Pursuant to Section 468.407(2), F.S., failure to conspicuously display license;

(g) Pursuant to Section 468.410(1), F.S., charging a registration fee;

(h) Pursuant to Section 468.410(3), F.S., failure to provide an applicant with a copy of a contract which lists the services to be provided and fees to be charged within 24 hours after the contract’s execution;

(i) Pursuant to Section 468.412(1), F.S., failure to maintain the required record sheet;

(j) Pursuant to Section 468.410(2), F.S., requiring as a condition to registration or obtaining employment or placement for any applicant or artist that the applicant or artist subscribe to, purchase, or attend any publication, postcard service, advertisement, resume service, photography service, school, acting school, workshop, or acting workshop.

(5) Fines to be imposed for violations listed in subsection (4) shall be $100 for the first offense, $200 for the second offense, $300 for the third offense and prosecution for the fourth offense.

(6) A citation may be issued when a licensee is practicing on an inactive license and where there is no harm to consumers as a result of the violation(s) for the following:

(a) Pursuant to Section 468.402(1)(n), F.S., practicing on an inactive license for less than forty-five days shall be a $100 fine;

(b) Pursuant to Section 468.402(1)(n), F.S., practicing on an inactive license for greater than forty-five days but less than six months shall be a $200 fine;

(c) Pursuant to Section 468.402(1)(n), F.S., practicing on an inactive license for greater than six months but less than one year shall be a $300 fine;

(d) Pursuant to Section 468.402(1)(n), F.S., practicing on an inactive license for greater than one year but less than two years shall be a $400 fine.

(7) Pursuant to Section 468.403(1), F.S., a citation may be issued when an applicant for licensure is practicing as a talent agency without possessing a valid license as required under Chapter 468, F.S. A $100 fine shall be imposed for this violation.

(8) Pursuant to Section 468.406(2), F.S., a citation may be issued when a licensee has failed to pay monies owed for greater than five days but less than twenty-one days. A $100 fine shall be imposed for this violation. A citation may be issued when a licensee has failed to pay monies owed for greater than twenty-one days but less than thirty days. A $200 fine and proof of payment to the artist shall be imposed.

(9) Pursuant to Section 468.412(6), F.S., a citation may be issued when a licensee fails to include all of the following in any publication: talent agency name, licensee name, license number and any other required information. A $100 fine shall be imposed for this violation.

(10) Pursuant to Section 468.407(3), F.S., a citation may be issued when a licensee fails to notify the Department when cancelling a license and fails to return that license to the Department at the time of cancellation. A $100 fine shall be imposed for this violation.

(11) Pursuant to Section 455.224, F.S., a citation may be issued when a licensee fails to possess a valid surety bond as required under Section 468.408, F.S. A $100 fine shall be imposed if this violation is less than seven days delinquent. A $200 fine shall be imposed if this violation is seven days but less than fourteen days delinquent. A $300 fine shall be imposed if this violation is fourteen days but less than thirty days delinquent.

(12) A citation may be issued when there is no consumer harm as a result of any other violations of Part VII, Chapter 468, F.S., or Chapter 455, F.S., or the rules promulgated pursuant thereto in appropriate circumstances. The fine for such violations shall be $100 for the first offense, $200 for the second offense, $400 for the third offense, and prosecution for any subsequent offense.

History

• Rulemaking Authority 455.224, 468.402(3), 455.2035 FS. Law Implemented 455.224, 455.225, 468.402, 468.403, 468.404, 468.407, 468.408, 468.409, 468.410, 468.412, 468.413 FS., Rule 21-19.001, 21-32.001 F.A.C. History–New 10-25-92, Formerly 21-19.011, Amended 9-18-18.

Chapter 61-20 COMMUNITY ASSOCIATION MANAGEMENT

Fla. Admin. Code R. 61-20.001 Licensing Procedure for Manager’s License

(1) Definitions.

(a) “Charge” or “Charges.” These terms refer to the official document in any criminal proceeding, whether styled an “Information,” “Indictment,” or otherwise, which document specifies the charges against the defendant, and which document is filed in any court of Florida, another state or country, or the United States government.

(b) “True copy” or “Certified true copy.” These phrases mean a copy of a court or government agency paper which bears an original certification of the clerk or other official of the court or agency to the effect that the papers are accurate copies of the court or agency.

(c) “Criminal record.” An applicant’s criminal record, for purposes of this rule, includes any misdemeanor or felony charge filed against the applicant in the courts of any state or federal district or territory, or other country, on any subject matter whether related to community association management or not, concerning which charge the applicant was found guilty, or pled guilty, or pled no contest, regardless of whether or not there was an adjudication by the court, and regardless of whether the matter is under appeal by the applicant. The phrase includes such charges even where the crime was subsequently pardoned or civil rights have been restored. The phrase does not include criminal convictions which were finally reversed or vacated on appeal; nor does it include charges of which the applicant was found not guilty, or which were finally dismissed; nor does it include matters as to which at time of application an order of sealing or expunction has been issued by a court of competent jurisdiction.

(2)(a) No person who is subject to the provisions of these rules shall provide community association management services without first complying with the requirements of Chapter 61-20, and rule Division 61E14, F.A.C.

(b) Application for License. All persons subject to the provisions of these rules shall apply to the department for a community association manager’s license, on Form DBPR CAM 1, Application for Community Association Manager Examination, incorporated by reference in subsection 61-35.020(1), F.A.C. The application fees as set forth in Rule 61E14-3.001, F.A.C., shall be included with the application.

(3) Review of Application.

(a) Within 30 days of the receipt of the application the department shall determine if the application is complete. A complete application refers to an approved department application form which contains all of the information requested on the form and all documentation and fees required to be furnished with the application (including the applicant’s criminal history record provided by the Florida Department of Law Enforcement), as required by the application or by any statute or rule of the department. The applicant’s criminal history records, provided by the Florida Department of Law Enforcement upon request by the department, must be received by the department for the applicant’s application to be considered complete. An application which contains errors, omissions, or which requires additional or clarifying information is not considered a complete application.

(b) Within 15 days of receipt of the application, the department shall request the applicant’s criminal history record from the Florida Department of Law Enforcement. If the criminal history record provided by the Florida Department of Law Enforcement shows law enforcement information not included on the applicant’s application, the department will notify the applicant in writing of the discrepancy and the applicant shall be required to provide an explanation and documentation as necessary to provide the department the information needed to be fully informed of the applicant’s criminal record. Where an arrest or charge was dismissed, or formal statement of nolle prosse by the prosecuting authority was issued, or otherwise disposed of without resulting in a criminal record as defined herein, a copy of the document (need not be certified true copy) issued by the court or other government agency resulting in such disposition shall be sufficient.

(c) If the applicant has been convicted of sale of or trafficking in, or conspiracy to sell or traffic in, a controlled substance as specified in Section 775.16, F.S., the applicant must submit, as part of the application, documentation that the conditions of Section 775.16(2), F.S., have been met.

(d) If the application is not complete, the department shall, within 30 days of receipt, notify the applicant in writing and request the additional information and documentation needed to complete the application. The applicant shall have 60 days from the date of the notice in which to correct the errors or omissions and provide the additional information or explain in writing why such errors or omissions cannot be corrected or such information cannot be provided within 60 days.

(4) General Procedure.

(a) If the deficiency is not timely corrected or the applicant fails to provide any explanation why it cannot respond to such a request, the application shall be denied. The application shall be denied solely on the grounds that the application is not complete. If the applicant timely files some but not all of the requested information or corrects some but not all of the errors or omissions in response to the department’s notice, the timely filed information and other materials shall be included in the application file and no additional deficiency notice shall be sent by the department. At the expiration of 60 days after the date of the deficiency notice, the department shall make a decision to approve, subject to meeting the examination requirements of Rule 61E14-1.002, F.A.C., or deny the application based on the information and other materials contained in the application file and shall notify the applicant of the decision within 90 days from the applicant’s last timely filed information in response to the department’s deficiency notice.

(b) If the applicant files a timely response indicating that the requested information and corrections cannot be supplied, the department shall make a decision as to whether the application is approved, subject to meeting the examination requirements of Rule 61E14-1.002, F.A.C., or denied, based on the information currently contained in the application file and so notify the applicant of the decision within 90 days from the applicant’s last timely filed information in response to the department’s deficiency notice.

(c) If all requested information and corrections are timely filed, the department shall make a decision to approve, subject to meeting the examination requirements of Rule 61E14-1.002, F.A.C., or deny the application and shall notify the applicant of the decision within 90 days of receipt of the information and other materials which make the application complete.

(d) The applicant shall supply the department with required documentation (as specified below) as to all matters which comprise the applicant’s criminal record. All documentation must be completely legible. Required documentation generally includes, as applicable:

1. For arrests, the police arrest affidavit or arrest report or similar document,

2. The charges,

3. Plea, judgment and sentence; and,

4. Order of entry into pre-trial intervention, and where applicable, the order of termination of pre-trial intervention showing dismissal of charges.

(e) Situations may arise where some government agency’s records suggest that a criminal record exists regarding the applicant (e.g., FDLE criminal history records show a criminal conviction in another state), but the court or law enforcement agency that should have the actual records denies having them or cannot produce them or cannot produce whole, legible copies of them. In such instances the burden is upon the applicant to show by clear and convincing evidence that the records are not available or do not exist. It is generally sufficient if the applicant supplies a written statement on the letterhead of the agency, that would apparently be the custodian of the record, signed by a representative of the agency, stating that they have no record of such matter, or the record is lost or was damaged or destroyed, or otherwise stating why the record cannot be produced. Upon receipt of such a document, the burden shifts to the department to find other evidence to establish the existence of the matter, and failing to find same, the department shall enter into the applicant’s department record a memorandum or other documentation to memorialize the situation, including why the department took no action on the apparent suggestion of criminal record, and thereafter the department does not hold the matter against the applicant.

(5) Good Moral Character.

(a) Unless the department denies the application for incompleteness under paragraph (4)(a) of this rule, the department shall evaluate the application and make appropriate inquiry to determine the applicant’s moral character. Demonstration of all of the following will establish the applicant’s good moral character:

1. The completion of a criminal history records check by the Florida Department of Law Enforcement and self-disclosure by the applicant that establishes that the applicant has no criminal record; and,

2. The absence of civil lawsuits or administrative actions decided adversely to the applicant which involved matters bearing upon moral character including, for example: fraud, dishonesty, misrepresentation, concealment of material facts, or practicing a regulated profession without a license or certificate as required by law or rule; and,

3. No prior history of violations by the applicant of Chapter 468, Part VIII, F.S., any rule of the department relating to community association management, or any lawful order of the department previously entered in a disciplinary proceeding, or of failing to comply with a lawfully issued subpoena of the department; and,

4. The absence of other information generated in the course of the application process which negatively reflects on the applicant’s moral character including, for example: gross misconduct or gross negligence in the applicant’s prior work experience whether or not the prior work was related to the professional responsibilities of a community association manager; and,

5. That the applicant has not committed the following in connection with an application:

a. Given to the department a check for payment of any fee when there are insufficient funds with which to pay the same, if the applicant, upon notification by the department, fails to redeem the check or otherwise pay the fee within 30 days of the date of written notification by the department, or

b. Failed to provide full and complete disclosure, or failed to provide accurate information.

(b) If the applicant has failed to establish good moral character under paragraph (5)(a), the department will then consider the following additional factors to determine whether an applicant has good moral character for purposes of licensure under Chapter 468, Part VIII, F.S.:

1. If commission of a second degree misdemeanor is the only reason the applicant did not meet the requirements of paragraph (5)(a) of this rule, the applicant will be considered to have good moral character. However, if there are also other reasons why the applicant did not meet the requirements of paragraph (5)(a) of this rule, the second degree misdemeanor will be considered along with the other factors in determining the applicant’s good moral character.

2. If the applicant has committed a first degree misdemeanor or a felony, and the applicant’s civil rights have been restored, this alone shall not preclude a finding of good moral character unless the crime is directly related to the professional responsibilities of a community association manager. Crimes that are deemed to be directly related to the professional responsibilities of a community association manager include, for example, fraud, theft, burglary, bribery, arson, dealing in stolen property, forgery, uttering a forged instrument, sexual battery, lewd conduct, child or adult abuse, murder, manslaughter, assault, battery, and perjury. The applicant has the burden of proving restoration of civil rights by providing a true copy of government or court records reflecting such action.

3. Whether the applicant has exhibited a pattern of unlawful behavior which would indicate that the applicant has little regard for the law, the rules of society, or the rights of others. All unlawful acts will be considered in determining whether the applicant has exhibited a pattern of unlawful behavior, even though any one of the unlawful acts by itself might not be directly related to the professional responsibilities of a community association manager. It is the applicant’s repeated flaunting of or ignoring the law that evinces a lack of the moral character needed to perform the duties and assume the responsibilities of a community association manager, not the particular relationship of any one of the violations to the professional responsibilities of a community association manager.

4. Whether the applicant is disqualified from applying for a license by reason of Section 775.16, F.S., pertaining to conviction of certain offenses involving controlled substances.

5. Conduct of the applicant relied upon by the department to determine that the applicant lacks good moral character shall be directly related to the professional responsibilities of a community association manager.

6. Written evidence the department will consider in determining the applicant’s good moral character shall include:

a. A statement from the applicant explaining the applicant’s criminal/unlawful conduct and the reason the applicant believes the department should issue the license,

b. Evidence as to the length of time since the conduct occurred or the age of the applicant at the time the conduct occurred,

c. Evidence of successful rehabilitation,

d. Recommendations from parole or probation employees who have supervised the applicant,

e. Recommendations from the prosecuting attorney or sentencing judge,

f. Character references from individuals other than immediate family members, who have known the applicant for 3 years or longer,

g. Police reports or transcripts which reveal the underlying facts of the crime,

h. Evidence that the conduct was an isolated occurrence contrary to the applicant’s normal pattern of behavior; and,

i. Evidence of community or civil activities with which the applicant has been associated.

It is the applicant’s responsibility to provide such mitigating evidence to the department.

7. If the applicant makes incomplete, misleading or false statements regarding material facts in making an application, such action will establish the applicant’s lack of good moral character, and the application will be denied.

(c) If the applicant has failed to meet the requirements of paragraph (5)(a) of this rule, and has been unable to present sufficient evidence to establish good moral character pursuant to paragraph (5)(b) of this rule, within the time limitations of this rule and Section 120.60, F.S., the application will be denied. However, the applicant will be given an opportunity by the department to waive the time limits of this rule and Section 120.60, F.S., if it appears to the department that, through the submission of additional information or with additional time for investigation and verification, the applicant’s good moral character might be established. The applicant bears the burden of affirmatively providing the department with evidence of good moral character.

(6) If the application is denied, the department shall proceed as provided in Section 120.60, F.S. The unsuccessful applicant who requests a hearing for issuance of a license under this rule shall have the burden of proof to establish, by a preponderance of the evidence, entitlement to the requested license.

History

• Rulemaking Authority 455.2035 FS. Law Implemented 120.60, 468.433, 468.435 FS. History–New 5-5-88, Amended 3-22-89, 2-5-91, Formerly 7D-55.004, Amended 11-23-93, 4-28-94, Formerly 61B-55.004, Amended 10-10-17.

Fla. Admin. Code R. 61-20.002 Inactive Status and Renewal of Manager’s License

(1) Changing an Active License to an Inactive License and Renewal of an Inactive License. A licensee desiring to maintain a valid license but who will not be providing community association management services for a period of time, may change the status of his/her license to inactive status, as provided in Department of Business and Professional Regulation Rule 61-6.003, F.A.C.

(a) In order to place an active license in an inactive status the licensee shall complete Form DBPR CAM 4, Community Association Change of Status Application, incorporated by reference in subsection 61-35.020(4), F.A.C., available on the DBPR website at http://www.myflorida.com/dbpr/pro/forms/cam/index.shtml, or by written request addressed to the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0771. A change of status processing fee shall accompany the application as set forth in Rule 61E14-3.001, F.A.C., unless the status change request is made at the end of a renewal period.

(b) All inactive licenses shall expire at the end of the renewal period (on September 30 of the next even numbered year). Inactive licensees shall be notified by the Department of Business and Professional Regulation pursuant to Section 455.273, F.S., and instructed how to proceed. Renewals shall be completed on or before September 30 of each renewal year. All applicable fees must be paid and compliance with the requirements set forth in Rule 61-20.208, F.A.C., must be met. The first failure to renew on or before September 30 of a renewal year shall result in a delinquent status license pursuant to Department of Business and Professional Regulation Rule 61-6.002, F.A.C. Failure to renew a delinquent status license results in a null license pursuant to Department of Business and Professional Regulation subsection 61-6.004(1), F.A.C.

(2) Changing an Inactive License to an Active License. In order to reactivate from an inactive status, the licensee shall complete Form DBPR CAM 4, Community Association Manager Change of Status Application, as incorporated by reference in subsection 61-35.020(4), F.A.C., available on the DBPR website at http://www.myflorida.com/dbpr/pro/forms/cam/index.shtml, or by written request from the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0771. The reactivated license shall expire in accordance with the schedule set forth in Rule 61-6.001, F.A.C., and be renewed at the end of the current renewal period, along with all other licenses.

(3) Renewal of a Delinquent license whether Active or Inactive shall require submission of a Renewal application to the Council on or before September 30 to be processed for renewal. If September 30 falls on a Saturday, Sunday, or legal holiday, the time period is deemed extended to the next working day. Proper form shall mean the renewal application is complete, all applicable fees are paid and all applicable continuing education hours have been completed prior to submission. If a renewal application is submitted after September 30 of the renewal year, the license becomes null. The holder of a null license desiring to perform community association management services shall be required to make an initial application to the department and proceed as provided in Rules 61-20.001 and 61E14-1.002, F.A.C.

History

• Rulemaking Authority 455.271, 455.2035 FS. Law Implemented 455.271, 468.435 FS. History–New 5-5-88, Amended 3-22-89, 2-5-91, 12-28-92, Formerly 7D-55.006, Amended 11-23-93, 7-12-94, 10-9-94, 1-29-96, Formerly 61B-55.006, Amended 8-2-07, 10-10-17.

Fla. Admin. Code R. 61-20.0025 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions

History

• Rulemaking Authority 455.02(2), 468.4315(3) FS. Law Implemented 455.02(2) FS. History–New 4-25-05, Repealed 10-10-17.

Fla. Admin. Code R. 61-20.003 Business Entity Registration

(1) A corporation, association or other organization or entity which engages in, or is desirous of engaging in, the business of community association management shall be registered under this rule and shall employ only licensed persons in the direct provision of community management services. Such entities shall register with the department, on Form DBPR CAM 2, Application for Community Association Management Firm License, incorporated by reference in subsection 61-35.020(2), F.A.C.

(2) There shall be a fee required to register an entity with the department as set forth in Rule 61E14-3.001, F.A.C. Once an entity is registered, no renewal of the registration is required, and the registration shall be deemed valid unless suspended or revoked pursuant to Section 468.436, F.S., or Rule 61E14-2.001, F.A.C.

(3) As officers or licensed personnel or the business address change, the department shall be notified on Form DBPR CAM 2, Application for Community Association Management Firm License, as incorporated by reference in subsection 61-35.020(2), F.A.C., within 60 days of such change.

History

• Rulemaking Authority 455.2035 FS. Law Implemented 468.432 FS. History–New 5-5-88, Amended 3-22-89, 2-5-91, Formerly 7D-55.003, 61B-55.003, Amended 10-10-17.

Fla. Admin. Code R. 61-20.004 Unexcused Absences

History

• Rulemaking Authority 455.207(3) FS. Law Implemented 455.207(3) FS. History–New 6-18-02, Repealed 10-10-17.

Fla. Admin. Code R. 61-20.010 Disciplinary Guidelines

(1) Aggravating and Mitigating Circumstances. The department shall be entitled to deviate from the disciplinary guidelines provided by this rule upon a showing of aggravating or mitigating circumstances by clear and convincing evidence presented to the department prior to the imposition of a final penalty. The department must make a specific finding of mitigating or aggravating guidelines. Based upon consideration of the facts present in an individual case, the department shall consider the following factors in aggravation and mitigation when deviating from the disciplinary guidelines set forth in this rule:

(a) Danger to the public;

(b) Physical or financial harm resulting from the violation;

(c) Prior violations committed by the subject;

(d) Length of time the licensee has practiced;

(e) Deterrent effect of the penalty;

(f) Correction or attempted correction of the violation;

(g) Effect on the licensee’s livelihood;

(h) Any efforts toward rehabilitation;

(i) Any other aggravating or mitigating factor which is directly relevant under the circumstances.

(2) In imposing discipline upon applicants and licensees for any of the violations set forth below, the department shall act in accordance with the following disciplinary guidelines. The verbal identifications of violations are descriptive only; the full language of each statutory or rule provision cited must be consulted in order to determine the conduct included.

PENALTY RANGE

VIOLATION

MINIMUM

MAXIMUM

(Each semi-colon indicates “or” in this column)

(Each semi-colon indicates “and” in this column)

(a) Section 468.436(2)(b)1., F.S.

Violating any provision of chapter 468, this part VIII, F.S., if not otherwise delineated in this rule.

First Offense

Reprimand

$1,000 fine; costs

Second Offense

$500 fine

Probation; $2500 fine; costs

Third or Subsequent Offense

Probation; $2,500 fine

One year suspension; $5,000 fine; costs

(b) Section 468.436(2)(b)2., F.S.

Violating any lawful order or rule rendered or adopted by the department or council, if not otherwise delineated in this rule.

First Offense

Reprimand

$1,000 fine; costs

Second Offense

$500 fine

Probation; $2,500 fine; costs

Third or Subsequent Offense

Probation; $2,500 fine

One year suspension; $5,000 fine; costs

(c) Section 468.436(2)(b)3., F.S.

Being convicted of or pleading nolo contendere to a felony.

First Offense

Reprimand; $500 fine

Revocation; $1,000 fine; costs

Second Offense

One year suspension; $1,000 fine

Revocation; $5,000 fine; costs

Third or Subsequent Offense

Two years suspension; $1,000 fine

Revocation; $5,000 fine; costs

(d) Section 468.436(2)(b)4., F.S.

Obtaining a license or certification or any other order, ruling, or authorization by means of fraud, misrepresentation, or concealment of material facts.

First Offense

$1,000 fine

Revocation; $5,000 fine; costs

Second Offense

One year suspension; $1,000 fine

Revocation; $5,000 fine; costs

Third or Subsequent Offense

Revocation

Revocation; $5,000 fine; costs

(e) Section 468.436(2)(b)5., F.S.

Committing acts of gross misconduct or gross negligence in connection with the profession.

First Offense

$500 fine

Revocation; $5,000 fine; costs

Second Offense

$2,500 fine

Revocation; $5,000 fine; costs

Third or Subsequent Offense

One year suspension; one year probation; $2,500 fine

Revocation; $5,000 fine; costs

(f) Section 468.463(2)(b)6., F.S.

Contracting, on behalf of an association, with any entity in which the licensee has an undisclosed financial interest.

First Offense

$1,000 fine

Revocation; $5,000 fine; costs

Second Offense

One year suspension; $2,500 fine

Revocation; $5,000 fine; costs

Third or Subsequent Offense

Revocation

Revocation; $5,000 fine; costs

(g) Section 468.436(2)(b)7., F.S.

Failing to disclose any conflict of interest as required by s. 468.4335, F.S.

First Offense

Reprimand

$1,000 fine; costs

Second Offense

$500 fine

Probation; $2,500 fine; costs

Third or Subsequent Offense

Probation; $2,500 fine

One year suspension; $5,000 fine; costs

(h) Section 468.436(2)(b)8., F.S.

Violating any provision of chapters 718, 719, or 720, F.S., during the course of performing community association services pursuant to a contract with a community association.

First Offense

Reprimand

$1,000 fine; costs

Second Offense

$500 fine

Probation; $2,500 fine; costs

Third or Subsequent Offense

Probation; $2,500 fine

One year suspension; $5,000 fine; costs

(i) Paragraph 61E14-2.001(2)(a), F.A.C.

Failing to comply with the requirements of the documents by which the association is created or operated.

First Offense

Reprimand

One year suspension; $2,500 fine; costs

Second Offense

One year probation; $1,000 fine

One year suspension; two years probation; $5,000 fine; costs

Third or Subsequent Offense

$2,500 fine

Revocation; $5,000 fine; costs

(j) Paragraph 61E14-2.001(2)(b), F.A.C.

Use funds for undesignated purpose.

First Offense

$250 fine

Revocation; $5,000 fine; costs

Second Offense

$2,500 fine; two years probation

Revocation; $5,000 fine; costs

Third or Subsequent Offense

One year suspension; two years probation; $5,000 fine

Revocation; $5,000 fine; costs

(k) Paragraph 61E14-2.001(2)(c), F.A.C.

Failing to perform all contracted community association management services to professional standards and to the standards established by section 468.4334(1), F.S.

First Offense

Reprimand

$1,000 fine; costs

Second Offense

One year probation; $500 fine

One year suspension; two years probation; $5,000 fine; costs

Third or Subsequent Offense

Two years suspension; $2,500 fine

Revocation; $5,000 fine; costs

(l) Paragraph 61E14-2.001(3)(a), F.A.C.

A licensee shall not withhold possession of records.

First Offense

Reprimand

$2,500 fine; one year suspension; costs

Second Offense

$500 fine

$2,500 fine; Revocation; costs

Third or Subsequent Offense

$1,000 fine

Revocation; $5,000 fine; costs

(m) Paragraph 61E14-2.001(3)(b), F.A.C.

A licensee shall not deny or delay access to association records.

First Offense

Reprimand

$1,000 fine; costs

Second Offense

$500 fine

$2,500 fine; one year suspension; one year probation; costs

Third or Subsequent Offense

One year probation; $3,000 fine

One year suspension; two years probation; $5,000 fine; costs

(n) Paragraph 61E14-2.001(3)(c), F.A.C.

A licensee or registrant shall not create false records or impermissibly alter official records.

First Offense

Reprimand; $1,000 fine

One year suspension; two years probation; $1,000 fine; costs

Second Offense

One year suspension; two years probation; $2,500 fine

Revocation; $5,000 fine; costs

Third or Subsequent Offense

Two years suspension; two years probation; $5,000 fine

Revocation; $5,000 fine; costs

(o) Paragraph 61E14-2.001(3)(d), F.A.C.

A licensee or registrant shall not fail to maintain records.

First Offense

Reprimand

One year suspension; $1,000 fine; costs

Second Offense

$500 fine

Two years suspension; $2,500 fine; two years probation; costs

Third or Subsequent Offense

One year suspension; two years probation

Revocation; $5,000 fine; costs

(p) Section 455.271(1), F.S.

Practice on a delinquent or inactive license.

First Offense

$125 fine

$1,250 fine; costs

Second Offense

$250 fine

$2,500 fine; costs

Third or Subsequent Offense

$500 fine

Revocation; $5,000 fine; costs

(q) Section 455.227(1)(c), F.S.

Being convicted or found guilty of, or entering a plea of guilty or nolo contendere, to a crime related to the practice of or ability to practice a licensee’s profession.

First Offense

One year suspension; $1,000 fine

Revocation; $5,000 fine; costs

Second Offense

One year suspension; $1,500 fine

Revocation; $5,000 fine; costs

Third or Subsequent Offense

Two years suspension; $3,000 fine

Revocation; $5,000 fine; costs

(r) Section 455.227(1)(g), F.S.

Having been found guilty in a civil proceeding for knowingly filing a false report or complaint with the department.

First Offense

$500 fine

One year suspension; $3,000 fine; costs

Second Offense

Two years probation; $1,000 fine

Revocation; $5,000 fine; costs

Third or Subsequent Offense

One year suspension; $2,500 fine

Revocation; $5,000 fine; costs

(s) Section 455.227(1)(h), F.S.

Attempting to obtain, obtaining, or renewing a license by bribery, fraudulent misrepresentation, or error.

First Offense

$1,000 fine

Revocation; $5,000 fine; costs

Second Offense

One year suspension; $3,000 fine

Revocation; $5,000 fine; costs

Third or Subsequent Offense

Two years suspension; $5,000 fine

Revocation; $5,000 fine; costs

(t) Section 455.227(1)(i), F.S.

Failing to report any person in violation of this part or the chapter regulating the alleged violator.

First Offense

Reprimand

One year suspension; $3,000 fine; costs

Second Offense

Reprimand; one year probation

Two years suspension; $5,000 fine; costs

Third or Subsequent Offense

Reprimand; two years probation

Revocation; $5,000 fine; costs

(u) Section 455.227(1)(j), F.S.

Aiding, assisting, procuring, employing, or advising any unlicensed person or entity.

First Offense

Reprimand

One year suspension; $3,000 fine; costs

Second Offense

$1,000 fine

Two years suspension; two years probation; $5,000 fine; costs

Third or Subsequent Offense

One year suspension; one year probation

Revocation; $5,000 fine; costs

(v) Section 455.227(1)(k), F.S.

Aiding, assisting, procuring, employing, or advising any unlicensed person or entity.

First Offense

Reprimand

One year suspension; two years probation; $3000 fine; costs

Second Offense

Reprimand

Two years suspension; two years probation; $5,000 fine; costs

Third or Subsequent Offense

Reprimand; $500 fine

Revocation; $5,000 fine; costs

(w) Section 455.227(1)(l), F.S.

Making a report that the licensee knows to be false, failing to file a required report, willfully impeding or obstructing another person to file a report.

First Offense

$500 fine

Revocation; $5,000 fine; costs

Second Offense

$1,000 fine

Revocation; $5,000 fine; costs

Third or Subsequent Offense

$2,500 fine

Revocation; $5,000 fine; costs

(x) Section 455.227(1)(m), F.S.

Making deceptive, untrue, or fraudulent misrepresentations, trick or scheme, related to the practice or profession.

First Offense

Reprimand; $500 fine

Revocation; $5,000 fine; costs

Second Offense

One year probation; $1,000 fine

Revocation; $5,000 fine; costs

Third or Subsequent Offense

One year suspension; two years probation; $2,500 fine

Revocation; $5,000 fine; costs

(y) Section 455.227(1)(p), F.S.

Knowingly delegating or contracting for the performance of professional responsibilities to a person who is not qualified by training, experience, and authorization to perform them.

First Offense

Reprimand

One year suspension; $5,000 fine; costs

Second Offense

Two years probation; $500 fine

Two years suspension; two years probation; $5,000 fine; costs

Third or Subsequent Offense

One year suspension; two years probation; $2,500 fine

Revocation; $5,000 fine; costs

(z) Section 455.227(1)(r), F.S.

Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceedings.

First Offense

$1,000 fine

Revocation; $5,000 fine; costs

Second Offense

One year suspension; $2,500 fine

Revocation; $5,000 fine; costs

Third or Subsequent Offense

Two years suspension; $5,000 fine

Revocation; $5,000 fine; costs

(aa) Section 455.227(1)(t), F.S.

Failing to report in writing within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to a crime in any jurisdiction.

First Offense

Reprimand

$1,000 fine; costs

Second Offense

$500 fine

Probation; $2,500 fine; costs

Third or Subsequent Offense

Probation; $2,500 fine

One year suspension; $5,000 fine; costs

(3) As used in this rule, the term “costs” means costs related to the investigation and prosecution of the case excluding costs associated with an attorney’s time.

(4) Where several violations occur in one case or several cases being considered together, the penalties shall be cumulative and consecutive.

(5) The provisions of this rule shall not be construed to limit the ability of the department to dispose disciplinary actions by stipulation, agreed settlement, or consent order pursuant to Section 120.57(4), F.S.

History

• Rulemaking Authority 455.2273(1) FS. Law Implemented 455.227, 455.2273, 468.436 FS. History–New 6-2-03, Amended 10-20-15, 4-30-25.

Fla. Admin. Code R. 61-20.011 Citations

(1) Definitions. As used in this rule:

(a) “Citation” means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule;

(b) “Subject” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule.

(2) Citations shall be issued for the first two occurences of the same violation only.

(3) The Department shall issue a citation including a penalty for each applicable statutory or rule violation set forth below. The verbal identification of violations are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included:

Statutory or Rule Violation

Description of Violation

Citation Amount

for First

Violation.

Citation Amount

for Second

Violation.

(a) Section 468.432(1), F.S.

Holding one’s self out to the public as being able to manage a community association, or actively managing a community association with an inactive or delinquent license.

$125

$250

(b) Section 468.432(1), F.S.

Holding one’s self out to the public as being able to manage a community association, or actively managing a community association with a void license or without being licensed to do so.

$250

$500

(c) Section 468.432(2), F.S.

Operating a community association management firm or holding the community association management firm out to the public as being able to engage in the business of community association management with an inactive or delinquent license.

$125

$250

(d) Section 468.432(2), F.S.

Unless otherwise permitted in chapter 468, part VIII, F.S., performing community association management services in a community association management firm which does not have a license or is working on a void license.

$250

$500

(e) Section 468.432, F.S.

Employing a person as a community association manager with an inactive or delinquent license.

$125

$250

(f) Paragraph

61E14-2.001(3)(b), F.A.C.

Failing to provide access to association records, for the purpose of inspecting or photocopying the same, to a person entitled to such by the law.

$200

$500

(g) Paragraph

61E14-2.001(3)(d), F.A.C.

Failing to maintain his or a management firm’s records, or the records of any applicable community association, to the extent charged with the responsibility of maintaining records, in accordance with the laws and documents requiring or governing the records.

$250

$500

(4) Once the citation becomes a final order, the citation and complaint become a public record pursuant to Chapter 119, F.S., unless otherwise exempt from the provisions of Chapter 119, F.S. The citation and complaint may be considered as aggravating circumstances in future disciplinary actions.

History

• Rulemaking Authority 468.4315(3), 455.224 FS. Law Implemented 455.224 FS. History–New 9-3-13.

Fla. Admin. Code R. 61-20.012 Mediation

The following alleged violations may be resolved by mediation:

(1) Paragraph 61E14-2.001(2)(a), F.A.C., Failing to comply with the requirements of the governing documents by which the community association is created or operated.

(2) Paragraph 61E14-2.001(3)(a), F.A.C., Withholding possession of the association’s official records or original books, records, accounts, funds, or other property of a community association when requested by the association to deliver the same to the association upon reasonable notice.

(3) Paragraph 61E14-2.001(3)(b), F.A.C., Denying or delaying access to association official records to a person entitled to such by the law within the timeframe and under the procedures set out in Section 718.111(12), 719.104(2), or 720.303(5), F.S.

(4) Paragraph 61E14-2.001(3)(d), F.A.C., Failing to maintain the records for a community association manager or management firm or the official records of any applicable association, as required by Section 718.111(12), 719.104(2), or 720.303(4), F.S.

(5) Section 455.227(1)(m), F.S., Making deceptive, untrue, or fraudulent misrepresentations in or related to the practice of a profession or employing a trick or scheme in or related to the practice of a profession.

History

• Rulemaking Authority 468.4315(3), 455.2235 FS. Law Implemented 455.2235 FS. History–New 9-3-13, Amended 10-20-15.

Fla. Admin. Code R. 61-20.501 Definitions and Scope

History

• Rulemaking Authority 468.433 FS. Law Implemented 468.431 FS. History-New 5-5-88, Amended 3-22-89, 2-5-91, Formerly 7D-55.002, 61B-55.002, Repealed 9-17-97.

Fla. Admin. Code R. 61-20.5011 Prelicensure Education Requirements

History

• Rulemaking Authority 468.4315(2), 468.433(2)(d) FS. Law Implemented 468.433(2)(d) FS. History-New 1-3-01, Transferred to 61E14-1.001.

Fla. Admin. Code R. 61-20.502 Examination for Manager's License

History

• Rulemaking Authority 468.4315 FS. Law Implemented 455.217, 468.433 FS. History-New 5-5-88, Amended 3-22-89, 8-17-89, 12-28-92, Formerly 7D-55.005, Amended 11-23-93, 10-9-94, Formerly 61B-55.005, Amended 5-4-97, 7-30-97, Transferred to 61E14-1.002.

Fla. Admin. Code R. 61-20.5021 Reexamination

History

• Rulemaking Authority 468.4315(2), 455.217(2) FS. Law Implemented 455.217(2) FS. History-New 8-28-97, Transferred to 61E14-1.003.

Fla. Admin. Code R. 61-20.5022 Examination Review

History

• Rulemaking Authority 455.217(3), 468.4315(2) FS. Law Implemented 455.217(3) FS. History-New 1-8-98, Transferred to 61E14-1.004.

Fla. Admin. Code R. 61-20.503 Standards of Professional Conduct

History

• Rulemaking Authority 468.4315(2) FS. Law Implemented 468.433, 468.436 FS. History-New 5-5-88, Amended 2-5-91, Formerly 7D-55.007, 61B-55.007, Amended 1-8-98, 5-31-99, Transferred to 61E14-2.001.

Fla. Admin. Code R. 61-20.504 Fees

History

• Rulemaking Authority 468.4315, 943.053 FS. Law Implemented 455.2171, 455.219(3), (6), 455.2281, 455.271, 468.4315(2), 468.433, 468.435, 943.053 FS. History-New 5-4-97, Amended 5-10-98, 9-9-98, 2-11-99, 3-13-00, 11-2-00, 1-3-01, 7-15-02, 12-14-03, 7-13-04, 6-26-06, Transferred to 61E14-3.001.

Fla. Admin. Code R. 61-20.505 Special Assessment

History

• Rulemaking Authority 455.219(2) FS. Law Implemented 455.219(2) FS. History-New 6-18-02, Transferred to 61E14-3.002.

Fla. Admin. Code R. 61-20.508 Continuing Education Renewal Requirements

History

• Rulemaking Authority 455.2123, 455.2124, 468.4315(2), 468.4336, 468.4337 FS. Law Implemented 455.2123, 455.2124, 468.4336, 468.4337 FS. History-New 5-5-88, Amended 3-22-89, 2-5-91, 12-28-92, Formerly 7D-55.008, 61B-55.008, Amended 10-18-99, 3-13-00, 2-21-01, 7-21-03, 4-25-05, 2-28-07, Transferred to 61E14-4.001.

Fla. Admin. Code R. 61-20.5081 Continuing Education Provider Approval

History

• Rulemaking Authority 468.4315(2), (3) FS. Law Implemented 455.2179, 468.4337 FS. History-New 5-14-98, Amended 3-13-00, 2-5-01, 3-19-01, Transferred to 61E14-4.002.

Fla. Admin. Code R. 61-20.5082 Continuing Education Course Approval

History

• Rulemaking Authority 468.4315(2), 468.433 FS. Law Implemented 468.433, 468.4337 FS. History-New 3-13-00, Amended 2-5-01, 3-19-01, Transferred to 61E14-4.003.

Fla. Admin. Code R. 61-20.5083 Renewal Requirements for Continuing Education

History

• Rulemaking Authority 468.4337 FS. Law Implemented 468.4337 FS. History-New 10-1-98, Amended 6-16-99, Repealed 3-13-00.

Fla. Admin. Code R. 61-20.5084 Specific Continuing Education Requirements for Renewal

History

• Rulemaking Authority 468.4337 FS. Law Implemented 468.4337 FS. History-New 9-20-98, Repealed 10-29-98.

Fla. Admin. Code R. 61-20.509 Reactivation Continuing Education

History

• Rulemaking Authority 468.4315 FS. Law Implemented 468.4338 FS. History-New 1-8-98, Amended 3-13-00, Transferred to 61E14-4.004.

Fla. Admin. Code R. 61-20.510 Prelicensure Education Provider Approval

History

• Rulemaking Authority 468.4315(2), 468.433(2)(d) FS. Law Implemented 468.433(2)(d) FS. History-New 1-3-01, Transferred to 61E14-4.005.

Chapter 61-24 ATHLETE AGENTS

Fla. Admin. Code R. 61-24.004 Collection and Payment of Fees

(1) The following fee schedule is adopted by the Department of Business and Professional Regulation for the licensure of persons desiring to practice as an athlete agent pursuant to section 468.453, F.S.

(a) Application Fee – $250.00.

(b) Licensure Fee – $375.00.

(c) Unlicensed Activity – $5.00.

(d) Biennial Renewal Fee – $220.00.

(e) Inactive Fee – $200.00.

(f) Delinquent Fee – $25.00.

(g) Reactivation Fee – $50.00.

(h) Change of Status Fee – $25.00.

(i) Reinstatement from null and void due to illness or economic hardship ‒ $125.00

(2) All fees indicated by the schedule above shall be paid in the form of a check, bank draft, or money order made payable to the Department of Business and Professional Regulation.

History

• Rulemaking Authority 455.203, 455.2035, 455.271, 468.457 FS. Law Implemented 455.203, 455.213, 455.2281, 455.271, 468.453, 468.4536 FS. History–New 1-4-89, Formerly 21-24.004, Amended 3-28-96, 6-9-03, 1-25-12, 10-23-14, 3-30-15, 10-10-17, 10-8-19.

Fla. Admin. Code R. 61-24.009 Grounds for Disciplinary Proceedings

History

• Rulemaking Authority 468.457 FS. Law Implemented 468.453, 468.454, 468.456 FS. History–New 1-4-89, Formerly 21-24.009, Repealed 6-30-15.

Fla. Admin. Code R. 61-24.010 Disciplinary Guidelines

(1) When the Department finds a registrant whom it regulates under chapter 468, part IX, F.S., has committed any of the acts set forth in sections 468.453, 468.454, 468.456, and 468.45615, F.S., it shall issue a Final Order imposing appropriate penalties as recommended in the following disciplinary guidelines.

(a) Publishing or causing to be published false or misleading information or advertisements, or giving any false information or making false promises to a student athlete concerning employment as provided in section 468.456(1)(j), F.S.; the usual recommended penalty shall be suspension or revocation of the athlete agent’s registration. Suspension shall be for a period of time to be determined by the Secretary of the Department or his designee. The period of suspension shall not exceed four years or two renewal periods, whichever is shorter. Revocation shall be permanent with no provisions for future registration.

(b) Failing to register with the Department or failing to renew an athlete agent’s registration as provided in section 468.4561, F.S.; the usual recommended penalty shall be suspension or revocation of the athlete agent’s registration. Suspension shall be for a period of time to be determined by the Secretary of the Department or his designee. The period of suspension shall not exceed four years or two renewal periods, whichever is shorter. Revocation shall be permanent with no provisions for future registration.

(c) Failing to notify the Department of a change in business address as provided in section 468.053(2), F.S.; the usual recommended penalty shall be suspension of the athlete agent’s registration for a period of time to be determined by the Secretary of the Department of his designee. The period of suspension shall not exceed four years or two renewal periods, whichever is shorter.

(d) Violating any of the provisions of section 468.454, F.S.; the usual recommended penalty shall be immediate revocation of the athlete agent’s registration with no provision for future registration.

(e) Violating any of the provisions of section 468.456, F.S.; the usual recommended penalty shall be suspension or revocation of the athlete agent’s registrations. Suspension shall be for a period of time to be determined by the Secretary of the Department or his designee. The period of suspension shall not exceed four years or two renewal periods, whichever is shorter. Revocation shall be permanent with no provision for future registration.

(2) The Department shall consider the following factors in determining appropriate periods of suspension or revocation:

(a) The severity of the offense;

(b) The danger to the public;

(c) The number of repetitions of offenses;

(d) The length of time since the date of previous violations;

(e) The number of complaints filed against the registrant;

(f) The length of time the registrant has practiced;

(g) The actual harm, economic or otherwise, to the student athlete or to the academic institution involved;

(h) The deterrent effect of the penalty imposed;

(i) The effect of the penalty on the registrant’s livelihood;

(j) Any efforts for rehabilitation;

(k) The actual knowledge of the registrant pertaining to the violation;

(l) Attempts by the registrant to correct or stop violations or refusal by the registrant to correct or stop violations;

(m) Related violations against a registrant in another jurisdiction, including findings of guilt or innocence, penalties imposed and penalties served;

(n) Any other mitigating or aggravating circumstances.

(3) Penalties imposed by the Department pursuant to subsection 61-24.010(1), F.A.C., may be imposed in combination or individually but may not exceed the limitations enumerated below:

(a) Revocation, after a hearing, of a registration, either temporarily or permanently;

(b) Suspension, after a hearing, of a registration for a period of up to five (5) years;

(c) Immediate suspension of a registration pursuant to the provisions of section 120.60(8), F.S.

(4) The provisions of subsections (1) through (3), above, shall not be construed so as to prohibit civil action or criminal prosecution as provided in section 468.456(3), 455.227, or 455.228, F.S., and the provisions of subsections (1) through (3), above, shall not be construed so as to limit the ability of the Department to enter into binding stipulations with accused parties pursuant to the provisions of section 120.57(4), F.S.

History

• Rulemaking Authority 468.457 FS. Law Implemented 455.227, 455.228, 468.456, 468.4561, 468.45615 FS. History–New 1-4-89, Formerly 21-24.010, Amended 10-10-17.

Fla. Admin. Code R. 61-24.012 Application Process

An individual seeking to become a licensed athlete agent shall submit a completed “Application for Licensure as an Athlete Agent,” form number DBPR AA-4101, as incorporated by reference in subsection 61-35.004(1), F.A.C., together with all fees as set forth in rule 61-24.004, F.A.C. The application forms can be obtained by writing to the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0767, by telephoning (850)487-1395 during regular business hours or by picking them up at the aforementioned address.

History

• Rulemaking Authority 468.457 FS. Law Implemented 468.453 FS. History–New 7-31-96, Amended 6-9-03, 10-10-17.

Chapter 61-27 UTILIZATION OF MINORITY BUSINESS ENTERPRISES

Fla. Admin. Code R. 61-27.001 Definitions

History

• Rulemaking Authority 287.0947(2) FS. Law Implemented 287.0947 FS. History–New 2-1-90, Formerly 21-27.001, Repealed 8-19-10.

Fla. Admin. Code R. 61-27.002 Responsibility

History

• Rulemaking Authority 287.0947(2), (3) FS. Law Implemented 287.0943, 287.0947 FS. History–New 2-1-90, Formerly 21-27.002, Repealed 8-19-10.

Fla. Admin. Code R. 61-27.003 Procedure

History

• Rulemaking Authority 287.0947(2) FS. Law Implemented 287.0943(6) FS. History–New 2-1-90, Formerly 21-27.003, Repealed 8-19-10.

Fla. Admin. Code R. 61-27.004 Agency Compliance

History

• Rulemaking Authority 287.0947(2) FS. Law Implemented 287.0942(15) FS. History–New 2-1-90, Formerly 21-27.004, Repealed 8-19-10.

Chapter 61-30 Home Inspectors

Fla. Admin. Code R. 61-30.101 Definitions

As used in this chapter, the following terms have the following meanings:

(1) Additional Evaluation: Examination and analysis by a qualified professional engineer, contractor, tradesman or service technician beyond that provided by the home inspection.

(2) Alarm Systems: Warning devices, installed or free standing, including but not limited to: carbon monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps and smoke alarms.

(3) Architectural Service: Any practice involving the art and science of building design for construction of any structure or groupings of structures and the use of space within and surrounding the structures or the design for construction, including but not specifically limited to, schematic design, design development, preparation of construction contract documents, and administration of the construction contract.

(4) Automatic Safety Controls: Devices designed and installed to protect systems and components from unsafe conditions.

(5) Component: A part of a system.

(6) Continuing Education Course: A course related to the practice of home inspection. Sales presentations of home inspection products shall not qualify as continuing education courses.

(7) Continuing Education Provider: An entity and any of its agents approved by the department to engage in providing continuing education courses as required by Chapter 61-30, F.A.C.

(8) Course Instructor: Any person approved by the department to conduct training for a department approved course. The instructor’s curriculum vitae must demonstrate particular education, knowledge, experience or skill which sets the applicant apart from those he or she will instruct.

(9) Decorative: Ornamental; not required for the operation of the essential systems and components of a home.

(10) Describe: To distinguish a system or component by its type or other observed significant characteristics; to distinguish it from other systems or components.

(11) Dismantle: To take apart or remove any component, device or piece of equipment that would not be taken apart or removed by a homeowner in the course of normal and routine homeowner maintenance.

(12) Directly Supervise: To direct and exercise control over the activities of a person by being physically present at the job site.

(13) Engineering Services: Any professional service or creative work requiring engineering education, training and experience and the application of special knowledge of the mathematical, material and engineering services to such professional service or creative work as consultation, investigation, evaluation, planning, design and supervision of construction for the purpose of assuring compliance with the specifications and design, in conjunction with structures, buildings, machines, equipment, works or processes.

(14) Household Appliances: Ranges, cook-tops, built-in dishwashers, food waste disposers, garage door openers, built-in ovens, built-in microwave ovens, refrigerators, freezers, clothes washers, clothes dryers, built-in trash compactors, ceiling fans or whole-house fans, if present and if not excluded in the scope of services disclosure.

(15) Inspect: To examine readily accessible systems and components of a home in accordance with the Standards of Practice adopted by the Department in Rules 61-30.801 through 61-30.811, F.A.C., using normal operating controls and opening readily openable access panels.

(16) Installed: Attached such that removal requires tools.

(17) Normal operating controls: Devices such as thermostats, switches or valves intended to be operated by the homeowner.

(18) Prelicensure Education Course: An initial course of study approved by the department which provides the educational experience required to certify an individual for licensure as a home inspector pursuant to Rule 61-30.102, F.A.C., and Section 468.8313, F.S. Each course of study must be offered as a single course by a single course provider.

(19) Prelicensure Education Provider: An entity and any of its agents approved by the department to engage in providing prelicensure education courses as required by this chapter.

(20) Readily Accessible: Available for visual inspection without requiring dismantling or destructive means to gain access, moving of items, including but not limited to, furniture, personal property, stored items, clothing, wall or floor covering, or debris, dismantling, or any action which will likely involve risk to persons or property. For the purposes of this definition, readily accessible includes opening electrical covers or removing electrical panel covers if safe to do so and if it can be done easily without damaging property.

(21) Readily Operable Access Panel: A panel provided for homeowner inspection and maintenance that is within normal reach, can be removed by one person and is not sealed in place.

(22) Recreational Facilities: Spas, saunas, steam baths, swimming pools, exercise, entertainment, athletic, playground or other similar equipment and associated accessories.

(23) Report: To communicate in writing.

(24) Representative Number: One component per room for multiple similar interior components such as window and electric outlets; one component on each side of the home for multiple similar exterior components.

(25) Roof Drainage Systems: Components used to carry water off a roof and away from a home.

(26) Service Life: Service life is the expected lifetime, or the acceptable period of use in service of a particular system or component. It is the time that any manufactured item can be expected to be “serviceable,” providing proper maintenance has taken place over the period concerned. Service life may vary from region to region, and inspection to inspection based on the home being inspected and the professional opinion and findings of the inspector.

(27) Shut Down: A state in which a system or component cannot be operated by normal operating controls.

(28) Significantly Deficient: Not operating in the manner in which the system or component was designed to operate or creates a significant risk of personal injury during normal, day-to-day use.

(29) Solid Fuel Burning Appliances: A hearth and fire chamber or similar prepared place in which a fire may be built and which is built in conjunction with a chimney; or a listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction.

(30) Structural Component: A component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).

(31) System: A combination of interacting or interdependent components, assembled to carry out one or more functions.

(32) Technically Exhaustive: An investigation that involves dismantling; the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.

(33) Training Day: The equivalent of 8 hours (an hour being no less than 50 minutes of instruction) including breaks and lunch.

(34) Under-floor Crawl Space: The area within the confines of the foundation and between the ground and the underside of the floor.

(35) Unsafe: A condition in a readily accessible, installed system or component which is judged to be a significant risk of personal injury during normal, day-to-day use. The risk may be due to damage, deterioration, improper installation or a change in accepted residential construction standards.

(36) Wiring Methods: Identification of electrical conductors or wires by their general type, such as “non-metallic sheathed cable” (“Romex”), “armored cable” (“bx”) or “knob and tube,” etc.

History

• Rulemaking Authority 455.2035, 455.2178(5), 468.8325 FS. Law Implemented 455.2178, 455.2179, 468.8311, 468.8313(3), 468.8321 FS. History‒New 10-22-13, Amended 7-31-14.

Fla. Admin. Code R. 61-30.102 License Requirements

(1) The Department of Business and Professional Regulation shall issue a license to an applicant who complies with subsection (2) or (3) and complies with the following:

(a) The requirements as set forth in Chapter 468, Part XV, F.S.;

(b) Submits a completed Form DBPR HI 0401, “Application for Licensure” effective May 2021, adopted and incorporated herein by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-13144, which may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783, or at http://www.myfloridalicense.com.

(c) Submits the following fees with the application:

1. Application fee of $125.00;

2. Licensure fee of $100.00;

3. Unlicensed Activity fee of $5.00.

(2) All applicants for licensure by examination in addition to the requirements of subsection (1), must:

(a) Provide proof of completion of a course of study approved by the department in home inspection services of not less than 120 hours which includes all eight components of a home as set forth in Section 468.8313(2), F.S. Department approved courses of study may be found at http://www.myfloridalicense.com/dbpr/servop/testing/documents/home_insp_pre.pdf.

(b) Pass an examination as approved by the department as described in Rule 61-30.103, F.A.C.

(3) All applicants for licensure by endorsement in addition to the requirements of subsection (1), must:

(a) Comply with the requirements set forth in Chapter 468, Part XV, F.S.; and

(b)1. Demonstrates that the applicant is currently licensed to practice as a home inspector under the law of another state or territory of the United States;

2. Demonstrate that the applicant has passed a national, regional, state, or territorial licensing examination that is substantially equivalent to an examination approved by the department as required by Section 468.8313, F.S., and Rule 61-30.103, F.A.C.; or

(c) Demonstrate that the applicant holds or has held a license to practice as a home inspector under the law of another state or territory of the United States for at least 10 years before the date of the application in accordance with Section 468.8314, F.S.

(4) Good Moral Character:

(a) The following shall be considered evidence showing a lack of good moral character for which the department may deny a licensure application:

1. A criminal history records check by the Florida Department of Law Enforcement indicating the applicant has pled guilty or nolo contendere to, or been found guilty of, regardless of adjudication, a crime that directly relates to the profession of home inspector, in any jurisdiction. Crimes that are deemed to be directly related to the professional responsibilities of a home inspector include, but are not limited to, fraud, theft, burglary, bribery, arson, dealing in stolen property, forgery, uttering a forged instrument, sexual battery, lewd conduct, child or adult abuse, murder, manslaughter, assault, battery, and perjury;

2. A criminal history records check by the Florida Department of Law Enforcement which exhibits a pattern of unlawful behavior which would indicate that the applicant has little regard for the law, the rules of society, or the rights of others. It is the applicant’s repeated flaunting of or ignoring the law that evidences a lack of the moral character needed to perform the duties and assume the responsibilities of a home inspector, not the particular relationship of any one of the violations to the professional responsibilities of a home inspector;

3. The presence of prior civil lawsuits decided adversely against the applicant which involve matters bearing upon moral character and that directly relate to the profession of home inspectors or any related professions, such as construction or engineering, regardless of whether the judgments have been satisfied. Such lawsuits include, but are not limited to: fraud, dishonesty, misrepresentation, concealment of material facts, or practicing a regulated profession without a license or certificate as required by law or rule;

4. The presence of prior administrative actions taken against any of applicant’s prior or current professional licenses held in any jurisdiction, decided adversely against the applicant which involve matters bearing upon moral character and that directly relate to the profession of home inspectors or any related professions, such as construction or engineering. Such administrative actions include, but are not limited to: fraud, dishonesty, misrepresentation, concealment of material facts, or practicing a regulated profession without a license or certificate as required by law or rule;

5. Prior payment by check to the department of any fee when there are insufficient funds to pay the same, if the applicant, upon notification by the department, fails to redeem the check or otherwise pay the fee within 30 days of the date of written notification by the department; and

6. Prior denial of licensure, registration, certification, or permit application by the Department or any Agency by reason of Section 775.16, F.S., pertaining to conviction of certain offenses involving controlled substances.

7. Conviction of a crime as set forth in Section 775.16, F.S., pertaining to certain offenses involving controlled substances.

(b) The department shall consider any documentation provided by the applicant in determining the applicant’s good moral character. The following documentation may be provided by the applicant to the department to assist in the determination of moral character:

1. A statement from the applicant explaining the applicant’s criminal/unlawful conduct and the reason the applicant believes the Department should issue the license,

2. Documentation evidencing the length of time since the conduct occurred or the age of the applicant at the time the conduct occurred,

3. Documentation evidencing successful rehabilitation,

4. Recommendations from parole or probation officers who have supervised the applicant,

5. Recommendations from the prosecuting attorney or sentencing judge,

6. Character references from individuals other than immediate family members, who have known the applicant for 3 years or longer,

7. Police reports or transcripts which reveal the underlying facts of the crime,

8. Documentation evidencing that the conduct was an isolated occurrence contrary to the applicant’s normal pattern of behavior; and,

9. Documentation evidencing community or civil activities with which the applicant has been associated. It is the applicant’s responsibility to provide such mitigating evidence to the department.

(c) If the applicant makes incomplete, misleading or false statements regarding material facts in making an application, such action will establish the applicant’s lack of good moral character, and the application will be denied.

(d) If the department determines based on the evidence provided for in paragraphs (4)(a) and (4)(b) of this rule, that the applicant does not possess good moral character, or the applicant has failed to provide documents to substantiate good moral character within the time limitations of Section 120.60, F.S., the application will be denied. However, the applicant will be given an opportunity by the Department to waive the time limits of this rule and Section 120.60, F.S., if it appears to the Department that, through the submission of additional information or with additional time for investigation and verification, the applicant’s good moral character might be established.

History

• Rulemaking Authority 455.2035, 455.217(1), 468.8312, 468.8313(7), 468.8325 FS. Law Implemented 455.213, 455.2281, 468.8313, 468.8314, 559.79 FS. History‒New 10-22-13, Amended 7-6-21.

Fla. Admin. Code R. 61-30.103 Examination

(1) Any person desiring initial licensure by examination as a home inspector must pass one of the written examinations approved by the department which may be found at https://www2.myfloridalicense.com/examination-information/home-inspector-examinations/#1508178572419-8a15fd6e-22cd.

(2) For purposes of Section 468.8313, F.S. “nationally recognized entity” means an organization that has national recognition in the home inspection industry and offers programs or sets standards that ensure the competence as a home inspector.

(3) Standards for approval of examination:

(a) The examination is proctored; and,

(b) The examination covers the following systems and components of a home: the structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions, that affect the structure.

(4) The fees for examination and re-examination shall be determined by the vendor and paid by the applicant directly to the vendor providing the examination for licensure.

History

• Rulemaking Authority 455.2035, 455.217(1)(d), 468.8325 FS. Law Implemented 455.217, 468.8313 FS. History‒ New 10-22-13, Technical Change 10-16-25.

Fla. Admin. Code R. 61-30.301 Delinquent License

(1) Any license status not renewed prior to the end of each biennial renewal period will automatically convert to a delinquent status.

(2) A licensee may convert a delinquent status license to active or inactive status by making a request in writing, remitting the fees as listed below, and complying with the continuing education requirements of Section 468.8316, F.S.

(3) Licensees who wishes to convert a delinquent status license to active or inactive status must remit the following fees with their request to activate their license:

(a) Delinquent fee of $25.00;

(b) Past Due Renewal fee of $100.00;

(c) Past Unlicensed Activity fee of $5.00;

(d) Renewal fee of $100.00;

(e) Unlicensed Activity fee of $5.00.

(4) The failure of a delinquent status licensee to change the status of the license to active or inactive before the expiration of the current licensure period shall render the license void without any further action by the department.

(5) A revoked or void license may not be renewed. Anyone with a revoked or null and void license who wishes to provide professional home inspection related services shall:

(a) Apply as though he or she had never before been licensed, or

(b) Apply for discretionary hardship reinstatement pursuant to Section 455.271(6)(b), F.S., and Rule 61-30.403, F.A.C.

History

• Rulemaking Authority 455.2035, 455.271, 468.8315, 468.8325 FS. Law Implemented 455.271, 455.2281, 468.8315, 468.8317 FS. History‒New 10-22-13, Amended 10-31-17.

Fla. Admin. Code R. 61-30.302 Inactive, Active Status

(1) A licensee may request during the renewal period to place his or her license in an inactive status by making a request in writing and remitting the required fees to the department.

(2) Licensees who wish to convert an active status license to an inactive status license during the renewal period must remit the following fees with their request to activate their license:

(a) Change of Status: Set to Inactive fee of $100.00;

(b) Unlicensed Activity fee of $5.00.

(3) A licensee may apply to the department at a time other than during the renewal period, to change the status of their license by submitting form #DBPR HI 0402, “Change of Status Application,” effective July 2012, adopted and incorporated herein by reference, which may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783, or at https://www.flrules.org/Gateway/reference.asp?No=Ref-03266. The licensee must remit the following fees to the department and comply with the continuing education requirements of Section 468.8316, F.S.:

(a) For licensees applying to change their licensure status from active to inactive, pay Change of Status: Set to Inactive fee of $100.00;

(b) For licensees applying to change their licensure status from inactive to active, pay Change of Status: Set to Active fee of $200.00.

History

• Rulemaking Authority 455.2035, 468.8317, 468.8325 FS. Law Implemented 455.271, 445.2281, 468.8317 FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.401 License Renewal

(1) A license shall be renewed biennially on or before July 31 of even numbered years.

(2) A licensee will renew a license, whether active or inactive, by paying a biennial license renewal fee of $100.00, an unlicensed activity fee of $5.00, and completing the continuing education as described in Section 468.8316, F.S.

(3) Failure to renew a license renders the license delinquent. Delinquent status may last one full renewal cycle. A delinquent license can be returned to active or inactive status by completing the required continuing education and paying the appropriate fees as described in Rule 61-30.301, F.A.C. if, at the end of the delinquent biennium, the license is not placed in active or inactive status, it becomes void.

History

• Rulemaking Authority 455.2035, 468.8315(2), 468.8325 FS. Law Implemented 455.02(2), 445.2281, 68.8315, 468.8316 FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.403 Reinstatement Process

(1) A former licensee may apply to seek department approval for reinstatement and activation of the previous license if the individual failed to renew his or her license due to illness or economic hardship by fulfilling the requirements in subsections (2) and (3) of this rule.

(2) Complete the form DBPR HI 0401, “Application for Licensure,” incorporated by reference in Rule 61-30.102, F.A.C. The application shall include a letter requesting reinstatement under this rule and documentation to establish illness or economic hardship including the nature and duration.

(3) The applicant shall complete 14 hours of approved continuing education and pay an Application fee of $125.00, Licensure fee of $100.00, and a Delinquent fee of $25.00.

History

• Rulemaking Authority 455.2035, 455.271, 468.8315, 468.8325 FS. Law Implemented 455.271, 455.219, 468.8314, 468.8315 FS. History‒New 10-22-13, Amended 10-31-17, 7-6-21.

Fla. Admin. Code R. 61-30.501 Provider Approval, Prelicensure and Continuing Education

(1) Applicants for prelicensure education or continuing education provider approval shall complete and submit Form DBPR HI 0403, “Application for Education Provider,” effective Aug 2019, incorporated herein by reference, which may be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-10859. Applications for prelicensure education or continuing education provider approval must submit the Education Provider Approval fee of $125.00 with the completed application.

(2) Provider approval is valid until May 31 of odd numbered years and must be renewed prior to expiration. An approved education provider may renew the approval, whether active or inactive, by paying an Education Provider Biennial Approval Renewal fee of $125.00.

(3) Any applicant who submits Form DBPR HI 0403, “Application for Education Provider,” with the fees as described above, will be approved as a prelicensure education or continuing education provider upon meeting applicable requirements as set forth in Rules 61-30.502 and 61-30.503, F.A.C.

History

• Rulemaking Authority 455.2035, 455.2123, 455.213, 455.2178, 455.2179, 468.8312, 468.8313, 468.8316, 468.8325 FS. Law Implemented 455.2123, 455.213, 455.2178, 455.2179, 468.8312, 468.8313, 468.8316 FS. History‒New 10-22-13, Amended 10-8-19.

Fla. Admin. Code R. 61-30.502 Provider Requirements, Prelicensure and Continuing Education

(1) The course provider shall not offer any courses if the provider status is expired or under discipline.

(2) The department retains the right and authority to audit and/or monitor programs and review records and course materials given by any provider approved pursuant to this rule. The department shall reject individual programs given by a provider if the provider disseminates any false or misleading information in connection with the educational programs, or if the provider fails to conform to and abide by the rules of the department.

(3) If the provider status is revoked by the department, the provider cannot reapply to be registered as a provider for two years from the date of the Final Order revoking the registration.

(4) To maintain status as a prelicensure or continuing education provider, the provider must:

(a) Require each course taker to complete the entire course or seminar in order to receive credit for the course.

(b) Provide the Florida Department of Business and Professional Regulation (DBPR) provider number on all course advertisements.

(c) Furnish each course taker with an individual certificate of attendance that contains the course taker’s name, the course taker’s license number, provider name, provider number, course name, course number, date of the course completion and the total number of hours successfully complete in each subject.

(d) Maintain all records for four (4) years, available for inspection by the department or the department’s designee.

(e) Report one education credit for each hour of classroom or interactive distance learning instruction. An “hour of classroom or interactive distance learning instruction” requires no less than fifty (50) minutes of instruction or participation.

(f) Any changes in the course provider name, address or telephone number must be submitted in writing to the department within 30 days of such change.

(5) To maintain status as a continuing education provider, the provider must also:

(a) Electronically report continuing education course attendance records in compliance with Section 455.2178, F.S. The provider is required to resolve reporting conflicts with the licensee by the expiration date of the training course.

(b) Allow the department’s designee to have access to information concerning courses or seminars conducted by the provider for continuing education credit in order to audit or monitor the information.

History

• Rulemaking Authority 455.2035, 468.8313, 468.8316, 468.8325 FS. Law Implemented 455.2178, 455.2179, 468.8313, 468.8316 FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.503 Course Approval, Prelicensure and Continuing Education

(1) Prelicensure and continuing education courses shall be valid for purposes of the licensure and continuing education requirement only if such courses have received approval from the Home Inspection Unit before the course is offered.

(2) The department shall approve education courses for two years from the date approved when the following requirements are met:

(a) Application for prelicensure or continuing education courses must be submitted using the Home Inspector Course Application, form number DBPR HI 0404, “Education Course Application”, effective April 2013, adopted and incorporated herein by reference. The form may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03262.

(b) The course provider shall submit to the department the following for course approval before the course is offered: an application, a detailed course outline describing the course’s content and subject matter, and a written statement that explains in detail how the course relates to the practice of home inspection services as defined in Section 468.8311(4), F.S.

(c) The application shall include the total number of classroom or interactive distance learning hours, the course syllabus, and the name and qualifications of all instructors.

(3) A course provider making application to offer interactive distance learning must submit documents indicating the following:

(a) The means by which the course will demonstrate interactivity between the student and course provider, which promotes student involvement, and demonstrates that the course measures learning and addresses comprehension of content at regular intervals.

(b) The means by which the course provider is able to monitor student enrollment, participation and course completion.

(c) The means by which the course provider will be able to satisfactorily demonstrate that stated course hours are consistent with the actual hours spent by each student to complete the course.

(d) The means by which the provider will assure qualified instructor(s) will be available to answer questions and provide students with necessary support during the course.

(e) That the student will be required to complete a statement at the beginning and end of the course that indicates that he/she personally completed each module/session of instruction.

(f) The means by which the course provider will verify student identification.

(4) Continuing education courses must address one or more of the eight components of a home and shall not involve the promotion or sale of any products.

(5) The following criteria shall be considered when approving continuing education courses:

(a) Previous approval by the Construction Industry Licensing Board, the Board of Professional Engineers, the Board of Architecture and Interior Design, the Building Code Administrators and Inspectors Board, or the Electrical Contractors’ Licensing Board, so long as the courses pertain to one or more of the eight components of a home;

(b) For general continuing education courses, course topics concerning home inspection services or the components of a home, including the limited visual examination of the following readily accessible installed systems and components of a home for the purpose of providing a written report of the condition of the home:

1. The structure,

2. Electrical system,

3. HVAC system,

4. Roof covering,

5. Plumbing system,

6. Interior components,

7. Exterior components, and

8. Site conditions that affect the structure.

(c) The required two (2) hours of instruction regarding hurricane mitigation training shall include training on completion of the “Uniform Mitigation Verification Inspection Form,” OIR-B1-1802 (Rev. 01/12), incorporated by reference in Rule 69O-170.0155, F.A.C. (eff. 2/1/12).

(6) For prelicensure courses, course topics concerning home inspection services or the components of a home, including the limited visual examination of the following readily accessible installed systems and components of a home for the purposes of providing a written report of the condition of the home:

1. The structure,

2. Electrical system,

3. HVAC system,

4. Roof covering,

5. Plumbing system,

6. Interior components,

7. Exterior components, and

8. Site conditions that affect the structure.

(7) Any substantive changes made to approved courses, which shall include instructor changes, must be approved by the department before the changed course can be offered. Course approval shall be rescinded by the department if such notification is not made or the changes fail to otherwise conform to this rule.

(8) Course approvals shall be automatically rescinded if the provider status expires or is rescinded by disciplinary action.

(9) Instructors must meet at least one of the following requirements:

(a) Hold an active or inactive licenses as a home inspector;

(b) Hold an active or inactive license in at least one of the eight components of a home inspection; or

(c) Have at least three years of experience in the area in which they are instructing.

(10) Providers may not use instructors who are currently suspended or revoked due to disciplinary action against their license.

History

• Rulemaking Authority 455.2035, 455.213(6), 468.8313(3), 468.8316, 468.8325 FS. Law Implemented 455.213(6), 455.2177(4), 455.2178, 455.2179, 468.8313, 468.8316 FS. History‒New 10-22-13, Amended 10-30-14.

Fla. Admin. Code R. 61-30.602 Disciplinary Guidelines

(1) Whenever the department finds a licensee in violation of a provision of chapter 455 or 468, part XV, F.S., the following Disciplinary Guidelines shall be followed. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included:

Statutory Violation

Description of Violation

Penalty Range for First

Violation.

Penalty Range for Subsequent Violation.

(a) Section

468.832(1)(a), F.S.

Violation of any provision of Chapter 468, Part XV or Section 455.227(1), F.S.

Fine up to $1,000, plus reprimand, probation, or suspension.

Fine up to $5,000, plus probation, suspension, or revocation.

(b) Section

468.832(1)(b), F.S.

Attempting to procure a license by bribery or fraudulent misrepresentations.

Fine up to $1,000, plus reprimand, probation, suspension, revocation, or denial of license.

Fine up to $5,000, plus probation, suspension, revocation, or denial of license.

(c) Section

468.832(1)(c) or

455.227(1)(f), F.S.

Having a license to practice home inspection services revoked, suspended, denied or acted against in another state, territory or country.

Fine up to $1,000, plus reprimand, probation, suspension, or revocation.

Fine up to $5,000, plus reprimand, probation, suspension, or revocation.

(d) Section

468.832(1)(d) or

455.227(1)(c), F.S.

Being convicted, found guilty, pleading nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the practice or ability to practice home inspection services.

Fine up to $1,000, plus reprimand, suspension, or revocation.

Fine up to $5,000, plus revocation.

(e) Section

468.832(1)(e) or

455.227(1)(l), F.S.

Making or filing a report or record the licensee knows to be false, willfully failing to file a record or report required by state or federal law, willfully impeding or obstructing such filing.

Fine up to $1,000, plus reprimand, probation, suspension, or revocation.

Fine up to $5,000, plus revocation.

(f) Section

468.832(1)(f), F.S.

Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.

Fine up to $1,000, plus reprimand, probation, or suspension.

Fine up to $5,000, plus reprimand, probation, suspension, or revocation.

(g) Section

468.832(1)(g), F.S.

Engaging in fraud, deceit, negligence, incompetence or misconduct in the practice of home inspection services.

Fine up to $5,000, plus reprimand, probation, suspension, or revocation.

Fine up to $5,000, plus reprimand, probation, suspension, or revocation.

(h) Section

468.832(1)(h), F.S.

Failing to perform any statutory or legal obligation placed upon a licensed home inspector; violating any provision of Chapter 468, Part XV, F.S., a rule of the department, or a lawful order of the department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department.

Fine up to $1,000, plus reprimand, probation, or suspension.

Fine up to $5,000, plus probation, suspension, or revocation.

(i) Section

468.832(1)(i), F.S.

Practicing on a revoked, suspended, inactive or delinquent license.

Fine up to $1,000, plus reprimand, probation, suspension, or revocation.

Fine up to $5,000, plus probation, suspension, or revocation.

(j) Section

455.227(1)(a), F.S.

Making false, fraudulent, deceptive or misleading representations in or related to the practice of the licensee’s profession.

Fine up to $1,000, plus reprimand, probation, or suspension.

Fine up to $5,000, plus reprimand, probation, suspension, or revocation.

(k) Section

455.227(1)(b), F.S.

Intentionally violating any rule adopted by the department.

Fine up to $1,000, plus reprimand, probation, or suspension.

Fine up to $5,000, plus suspension, or revocation.

(l) Section

455.227(1)(g), F.S.

Having been found civilly liable for knowingly filing a false report or complaint with the department against another licensee.

Fine up to $1,000, plus reprimand, or probation.

Fine up to $5,000, plus suspension, or revocation.

(m) Section

455.227(1)(h), F.S.

Attempting to obtain, obtaining or renewing a license to practice by bribery or fraudulent misrepresentation or through an error of the department.

Fine up to $1,000, plus reprimand, probation, suspension, or revocation.

Fine up to $5,000, plus probation, suspension, or revocation.

(n) Section

455.227(1)(i), F.S.

Failing to report to the department any person who the licensee knows is in violation of Chapter 455, F.S., the chapter regulating the alleged violator, or the rules of the department.

Fine up to $1,000, plus reprimand.

Fine up to $5,000, plus probation, suspension, or revocation.

(o) Section

455.227(1)(j), F.S.

Aiding, assisting, procuring, employing or advising an unlicensed person or entity to practice profession contrary to Chapter 468, Part XV, or 455, F.S., or rules of the department.

Fine up to $1,000, plus reprimand, probation, suspension, or revocation.

Fine up to $5,000, plus suspension, or revocation.

(p) Section

455.227(1)(k), F.S.

Failing to perform any statutory or legal obligation placed upon a licensee.

Fine up to $5,000, plus reprimand, probation, suspension, or revocation.

Fine up to $5,000, plus suspension, or revocation.

(q) Section

455.227(1)(m), F.S.

Making deceptive, untrue or fraudulent representations in or related to the practice of the licensee’s profession.

Fine up to $1,000, plus reprimand, suspension, or revocation.

Fine up to $5,000, plus revocation, or denial of license.

(r) Section

455.227(1)(n), F.S.

Exercising influence on client for improper financial gain of the licensee or a third party.

Fine up to $1,000, plus reprimand, probation, suspension, or revocation.

Fine up to $5,000, plus reprimand, probation, suspension, or revocation.

(s) Section

455.227(1)(o), F.S.

Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not competent to perform.

Fine up to $1,000, plus reprimand, or probation.

Fine up to $5,000, plus suspension.

(t) Section

455.227(1)(p), F.S.

Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance knows or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.

Fine up to $1,000, plus reprimand, or probation.

Fine up to $5,000, plus suspension, or revocation.

(u) Section

455.227(1)(q), F.S.

Violating any provision of Chapter 468, Part XV, or 455, F.S., rules of the department or any lawful order of the department.

Fine up to $1,000, plus reprimand, or probation.

Fine up to $2,500, plus probation, or suspension.

(v) Section

455.227(1)(r), F.S.

Improperly interfering with an investigation, inspection or disciplinary proceeding.

Fine up to $1,000, plus reprimand, probation, suspension, or denial of licensure.

Fine up to $1,000, plus suspension, revocation, or denial of licensure.

(w) Section

455.227(1)(t), F.S.

Failing to report in writing to the department within 30 days after the licensee is convicted of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction.

Fine up to $1,000, plus reprimand, suspension, or revocation.

Fine up to $5,000, plus revocation.

(2) Additional Conditions which may be imposed through a final order:

(a) Licensee is placed on probation for a period of time as determined by the department;

(b) Failure to comply with any provision of an order shall result in the filing of a new complaint and if the licensee is found to be in violation, the license will be suspended until the licensee is compliant;

(c) The licensee shall demonstrate compliance with all the conditions of the Final Order, prior to the lifting of probation;

(d) Licensee shall complete additional continuing education courses of a specified type, as set forth by the Final Order, not to exceed more than 24 hours of continuing education courses;

(e) Licensee shall, as specified in the Final Order, provide quarterly reports setting forth the number and type of home inspections conducted, provide copies of completed home inspection reports, and any other documentation determined by the Department to be necessary for the monitoring of the licensee.

(3) Aggravating/Mitigating Circumstances: The existence of aggravating or mitigating circumstances, as set forth below, will permit deviation from the guidelines upon clear and convincing evidence.

(a) Aggravating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

1. History of previous violations of the practice act or the rules promulgated thereunder;

2. The magnitude and scope of the project and the damage inflicted upon the public;

3. Evidence of violations of professional practice acts in other jurisdictions which resulted in discipline by the regulatory authority;

4. Failure to attempt to correct the violation by the licensee;

5. Any other relevant aggravating circumstances.

(b) Mitigating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

1. In cases of negligence, the minor nature of the project in question and the lack of danger to the public health, safety or welfare which resulted;

2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices or has practiced;

3. Restitution of any damages suffered by the licensee’s client;

4. Remedial steps taken by the licensee to avoid similar violations in the future;

5. Attempts by the licensee to correct the violation;

6. Any other relevant mitigating circumstances.

History

• Rulemaking Authority 455.2035, 455.227(3), 455.2273, 468.8325 FS. Law Implemented 455.227, 455.2273, 468.832, 468.8319 FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.603 Notice of Noncompliance

(1) As an alternative to the provisions of Sections 455.225(1) and (2), F.S., the department shall provide a licensee with a notice of noncompliance for an initial offense of a minor violation in any instance in which it is reasonable to assume that the licensee is unaware of the rule or statutory obligation or is unclear as to how to comply with it.

(2) A notice of non-compliance may be issued for the following minor violations:

(a) Failure to provide a copy of the home inspector’s license; and

(b) Disclosure of the scope and exclusions of a home inspection prior to contracting for or commencing a home inspection, in violation of Section 468.8321, F.S.

(3) This designation of violations as minor for the purposes of Section 455.225(3), F.S., is limited to initial violations in which corrective action is commenced within 15 days of the department’s issuance of a notice of noncompliance. The violation must be corrected within 15 days. If it cannot be corrected within 15 days, then corrective action must be commenced within 15 days and the licensee must move with due diligence to complete the corrective action. A violation for which the licensee fails to take corrective action within 15 days after notice shall no longer be deemed a minor violation and shall be treated as a citation offense, pursuant to Rule 61-30.604, F.A.C. Violations of this section, except as provided herein, shall be handled in accordance with the standard disciplinary guidelines. Nothing provided in this section shall restrict the department from seeking full prosecution in such instances where aggravating circumstances are present, which would preclude a minor violation dismissal.

History

• Rulemaking Authority 455.225(3) FS. Law Implemented 455.225, 468.832, 120.695(1) FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.604 Citations

(1) The following violations may be resolved by the issuance of a citation pursuant to Section 455.224, F.S. and Chapter 61-30, F.A.C.:

Violation

Fine

(a) Practice by an individual with an inactive or delinquent license in violation of Section 468.832(1)(i), F.S.

$1,000.00

(b) Failure to commence corrective action within 15 days of the department’s issuance of a notice of noncompliance or where the offense is other than the initial one in violation of Rule 61-30.603, F.A.C.

$500.00

(c) Failure to provide a copy of the dislosure of the scope and exclusions of a home inspection prior to contracting for or commencing a home inspection in violation of Section 468.8321, F.S.

$1,000.00

(d) Failure to maintain at least $300,000 general liability insurance coverage in violation of Section 468.8322, F.S.

$1,000.00

(2) In addition to the penalties specified above, the department may recover the costs of investigation associated with the citation.

(3) Citations shall be issued pursuant to this rule where no harm to consumers results from the violation.

History

• Rulemaking Authority 455.2035, 455.224(2), 468.8325 FS. Law Implemented 455.224, 468.832, 468.8321, 468.8322 FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.605 Mediation

The following alleged violations may be resolved by mediation using the procedure adopted by the department pursuant to Section 455.2235, F.S.:

(1) Section 468.832(1)(g), F.S., Committing fraud, deceit, negligence, incompetency or misconduct in the practice of home inspection related services.

(2) Section 468.832(1)(h), F.S., Failing to perform any statutory or legal obligation placed upon a licensed home inspector.

History

• Rulemaking Authority 455.2035, 455.2235(1) FS. Law Implemented 455.2235 FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.801 Standards of Practice, General

(1) Home inspections performed to these Standards of Practice are intended to provide the client with information regarding the overall condition of installed systems and components of the home based on observation of the visible and apparent condition of the structure and components at the time of the home inspection and to report on those systems and components inspected that, in the professional opinion of the inspector, are significantly deficient or at the end of their service lives. A home inspection does not include the prediction of future conditions.

(2) These standards shall not be construed as limiting the scope of the inspection process in those areas where the inspector is qualified and/or has special knowledge.

(3) The inspector shall inspect readily accessible, installed systems and components of homes listed in these Standards of Practice by using normal operating controls and opening readily operable access panels. Where multiple instances of the same component exist, a representative number shall be inspected.

(4) The inspector shall inspect and report as required by Section 468.8323, F.S., when required by these standards, systems or components by their type and/or significant characteristics.

(5) If not self-evident to the client at the time of inspection, the inspector shall give a reason why, in his or her opinion, the system or component was reported as significantly deficient or near the end of its service life.

(6) The inspector shall make recommendations for correction and/or monitoring, or further evaluation of the deficiencies that the inspector observed.

(7) These Standards of Practice do not limit inspectors from:

(a) Including other inspection services, in addition to those required by these Standards of Practice;

(b) Specifying repairs, provided the inspector is appropriately qualified;

(c) Excluding systems and components from the inspection if agreed upon in writing by the inspector and client.

History

• Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j) FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.802 Standards of Practice, Structure

(1) Structural system and components include the following:

(a) Foundation;

(b) Floor structure;

(c) Wall structure;

(d) Ceiling structure;

(e) Roof structure;

(f) Posts;

(g) Beams;

(h) Columns;

(j) Joists;

(k) Rafters;

(l) Trusses;

(m) Other framing; and

(n) Ventilation of foundation areas.

(2) The inspector shall inspect all of the visible structural systems and components by probing structural components where deterioration is visible or suspected or where clear indications of possible deterioration exist. Probing is not required when, in the opinion of the inspector, probing would only further damage any area already identified as defective or where no deterioration is visible or presumed to exist.

(3) The inspector is not required to enter or traverse any under-floor crawl space or attic, if in the opinion of the inspector:

(a) An unsafe or unsanitary condition exists;

(b) Enter areas in which inadequate clearance exists to allow the inspector safe entry or traversing;

(c) The potential exists to cause damage to insulation, ductwork, other components or stored items.

(4) The inspector is not required to provide any engineering or architectural services or offer an opinion as to the adequacy of any structural system or component.

History

• Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j) FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.803 Standards of Practice, Electrical Systems

(1) Electrical systems and components include the following:

(a) Service entrance conductors, drip loop, cables, and raceways;

(b) Main service equipment and main disconnects;

(c) Service grounding;

(d) Interior components of main service panels and sub panels;

(e) Conductors;

(f) Over current protection devices;

(g) Readily accessible installed lighting fixtures, switches, and receptacles;

(h) Ground fault circuit interrupters;

(i) Amperage and voltage rating of electrical service;

(j) Main disconnect(s);

(k) Methods or types of wiring;

(l) Smoke detectors;

(m) Carbon monoxide detectors;

(n) Arc fault circuit interrupters.

(2) The inspector shall inspect all of the visible and readily accessible electrical systems and components.

(3) The inspector is not required to inspect:

(a) Remote control devices;

(b) Security alarm systems and components;

(c) Low voltage wiring, systems and components, ancillary wiring and systems and components not a part of the primary electrical power distribution system;

(d) Generators, photovoltaic solar collectors or battery or electrical storage devices and associated equipment.

(4) The inspector is not required to:

(a) Measure amperage, voltage or impedance;

(b) Perform a load calculation;

(c) Insert any tool, probe, or device into any electrical component;

(d) Determine the accuracy of circuit labeling.

History

• Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j) FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.804 Standards of Practice, HVAC Systems

(1) HVAC systems and components include heating and air conditioning systems and components and HVAC distribution systems and components.

(2) Heating and air conditioning systems and components.

(a) The heating and air conditioning (HVAC) systems and components include the following:

1. Installed heating equipment;

2. Fuel storage and fuel distribution systems;

3. Vent systems, flues, and chimneys;

4. Ductwork and air distribution components;

5. Mechanical ventilation systems;

6. Heating system energy source(s);

7. Heating system capacity in BTUs or kilowatts.

(b) The inspector shall inspect all readily accessible heating and air conditioning systems and components.

(c) The inspector is not required to inspect:

1. Interiors of flues or chimneys which are not readily accessible;

2. Heat exchangers;

3. Humidifiers or dehumidifiers;

4. Electronic air filters, sanitizers, or UV lights;

5. Solar space heating systems;

6. Internal components such as coils and pans.

(3) HVAC distribution systems and components.

(a) The heating and air conditioning (HVAC) distribution systems and components include the following:

1. Energy source;

2. Cooling method by its distinguishing characteristics;

3. The presence of condensate over flow warning/shutoff devices.

(b) The inspector shall inspect readily accessible HVAC distribution systems.

(c) With regards to HVAC distribution systems, the inspector is not required to inspect:

1. Electronic air filters, sanitizers, or UV lights;

2. Humidistats;

3. Automatic HVAC zoned systems, dampers, controls, that are not readily accessible;

4. Removable window air conditioning systems.

(4) The inspector is not required to:

(a) Determine heat supply adequacy or distribution balance;

(b) Operate heat pump systems when ambient temperatures pose the potential for damage to the air conditioning system;

(c) Determine cooling supply adequacy, distribution balance or indoor air quality;

(d) Operate the air conditioning system when ambient temperatures pose the potential for damage to the air conditioning system.

History

• Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j) FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.805 Standards of Practice, Roof Covering

(1) Roof covering systems and components include the following:

(a) Roofing materials;

(b) Flashings;

(c) Skylights, chimneys, and roof penetrations;

(d) Roof drainage systems;

(e) Ventilation of attics; and

(f) Insulation of attics.

(2) The inspector shall inspect all of the visible and readily accessible roof covering systems and components.

(3) The inspector is not required to inspect:

(a) Components or systems that are not readily accessible;

(b) Antenna or other installed accessories;

(c) Interiors of flues or chimneys which are not readily accessible.

(4) The inspector is not required to walk on the roof surface when, in the opinion of the inspector, the following conditions exist:

(a) Roof slope is excessive to safely walk on;

(b) There is no safe access to the roof;

(c) Climatic conditions render the roof unsafe to walk on;

(d) Condition of the roofing material or roof decking renders the roof unsafe to walk on;

(e) Walking on the roof may cause damage to the roof covering materials; and

(f) Walking will place any liability or danger to the homeowner or other representatives involved in the home inspection process.

(5) The inspector is not required to disturb insulation.

History

• Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j) FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.806 Standards of Practice, Plumbing System

(1) Plumbing systems and components include the following:

(a) Interior water supply piping and distribution systems including all fixtures, faucets, and components;

(b) Drain, waste and vent systems, including all plumbing fixtures;

(c) Plumbing related vent systems, flues, and chimneys;

(d) Drainage sumps, sump pumps, and related piping;

(e) Materials used for water supply, drain, waste, and vent piping;

(f) Water heating equipment including the energy source;

(g) Main water and main fuel shut-off valves.

(2) The inspector shall inspect all of the visible and readily accessible plumbing systems and components.

(3) The inspector is not required to inspect:

(a) Wells or water storage related equipment;

(b) Water conditioning systems;

(c) Solar water heating systems;

(d) Fire sprinkler systems;

(e) Private waste disposal systems;

(f) Irrigation system(s).

(4) The inspector is not required to:

(a) Test shower pans, tub and shower surround for leakage;

(b) Operate safety valves or shut-off valves;

(c) Determine whether water supply and waste disposal systems are public or private;

(d) Determine the quantity or quality of the water supply, or if the function flow at the time of the inspection or thereafter will meet the client’s needs.

History

• Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j) FS. History‒New 10-22-13.

Fla. Admin. Code R. 61-30.807 Standards of Practice, Interior Components

(1) The interior components that shall be inspected include the following:

(a) Interior walls, ceilings, and floors;

(b) Steps, stairways, and railings;

(c) Countertops and representative number of installed cabinets;

(d) Garage doors;

(e) Interior and exterior doors and windows and their operating locks and latches or other opening mechanisms;

(f) Insulation and vapor retarders in unfinished spaces;

(g) Fireplaces and solid fuel burning appliances;

(h) Vent systems, flues, and chimneys;

(i) Household appliances.

(2) The inspector shall inspect all of the visible and readily accessible interior components that have not been excluded in the scope of services disclosure. When inspecting doors and windows, the inspector may inspect a representative number of doors and windows. The inspector shall inspect household appliances to determine whether the appliances are significantly deficient using normal operating controls. Inspectors will not operate systems or appliances if they have been excluded in the scope of services disclosure or if there is a risk to the property being inspected. Inspectors will first review the system to be operated and use professional judgment as to whether it is safe to operate using normal operating controls and report accordingly.

(3) The inspector is not required to inspect:

(a) Paint, wallpaper, window treatments, and other specialty finish treatments;

(b) Carpeting;

(c) Window treatments;

(d) Central vacuum systems;

(e) Recreational facilities;

(f) Fire screens and doors, if not permanently attached;

(g) Seals and gaskets on fireplaces;

(h) Automatic fuel feed devices;

(i) Mantles and fireplace surrounds;

(j) Combustion make-up air devices;

(k) Heat distribution assists whether gravity controlled or fan assisted in fireplaces.

(4) The inspector is not required to:

(a) Open or operate any windows or doors and access covers that are permanently or temporarily secured by mechanical means, are painted shut, or are blocked by stored items or furniture;

(b) Ignite or extinguish fires;

(c) Light gas fireplaces or heaters, or other unlit pilot light devices;

(d) Determine draft characteristics for fireplaces and chimneys;

(e) Move fireplace inserts or stoves or firebox contents;

(f) Disturb insulation;

(g) Activate any system or appliance that is shut down, disconnected, or otherwise rendered inoperable;

(h) Operate or evaluate any system, component or appliance that does not respond to normal user controls;

(i) Operate any gas appliance that requires the manual lighting of a pilot light or burner device;

(j) Operate any system, appliance or feature that requires the use of special codes, keys, combinations, or devices or where user manual reference is required;

(k) Operate any system, component, or appliance where in the opinion of the inspector, damage may occur;

(l) Determine thermostat(s) calibration, adequacy of heating elements, operate or evaluate self cleaning cycles, door seals, indicator lights, timers, clocks or timed features, defrost cycles or frost free features, or other specialist features as it applies to the appliance device;

(m) Determine leakage from microwaves ovens;

(n) Determine the presence or operation of back draft damper devices in exhaust devices;

(o) Move any appliance;

(p) Confirm operation of every control or feature of a system or appliance.

History

• Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j), 468.8321 FS. History‒New 10-22-13, Amended 7-31-14.

Fla. Admin. Code R. 61-30.810 Standards of Practice, Exterior Components

(1) Exterior systems and components include the following:

(a) Exterior wall cladding/siding, flashing and trim;

(b) All exterior doors;

(c) Attached decks, balconies, stoops, steps, porches, and their associated railings;

(d) Eaves, soffits and fascias where accessible from the ground level;

(e) Walkways, patios, and driveways leading to the dwelling entrances.

(2) The inspector shall inspect all of the visible and readily accessible exterior systems and components.

(3) The inspector is not required to inspect:

(a) Window and door screening, shutters, awnings, and similar seasonal or protective accessories and devices;

(b) Fences;

(c) Recreational facilities;

(d) Outbuildings;

(e) Swimming pools, seawalls, break-walls, boat lifts and/or docks.

(4) The inspector is not required to move furniture, appliances, lawn and garden equipment, tools, stored items, wall decorations, floor covering, clothing or any items that block the view and access to components or structures.

History

• Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j) FS. History‒New 10-22-13, Amended 7-31-14.

Fla. Admin. Code R. 61-30.811 Standards of Practice, Site Conditions that Affect the Structure

(1) Site conditions that affect the structure include the following:

(a) Vegetation;

(b) Grading;

(c) Surface drainage; and

(d) Retaining walls on the property when any of these are likely to adversely affect the structure.

(2) The inspector shall inspect all of the visible and readily accessible site conditions that affect the structure.

(3) The inspector is not required to inspect:

(a) Geological, geotechnical or hydrological site conditions;

(b) Erosion control and earth stabilization measures.

1

History

• Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j) FS. History‒New 10-22-13.

Chapter 61-31 Mold-Related Services

Fla. Admin. Code R. 61-31.101 License Requirements

(1) For the purposes of department evaluation of applications:

(a) A degree in a “related field of science,” as required by Section 468.8413(2), F.S., includes a degree in any biology, chemistry, environmental, earth, or physical science.

(b) To establish “documented field experience,” as required by Section 468.8413(2), F.S., an applicant for licensure as a mold remediator must submit a list of fifteen (15) remediation projects performed, in whole or in part, by the applicant or proof of employment in mold remediation services. To establish “documented field experience,” as required by Section 468.8413(2), F.S., an applicant for licensure as a mold assessor must submit a list of fifteen (15) mold assessment projects performed, in whole or in part, by the applicant or proof of employment in mold assessment services. 15 projects for each 12 month period equals one year of experience.

(c) To establish training in water (moisture intrusion), mold, and respiratory protection, an applicant must submit a certificate(s) of completion or verifiable documentation of completion of such training.

(d) To establish direct supervision as that term is used in Sections 468.841 and 468.8411(4), F.S., a licensed mold assessor and/or mold remediator shall direct and exercise control over the activities of a person under their supervision by being physically present at the job site or by utilizing interactive audio and video technology. The method of supervision used must be documented.

(2) The Department shall issue a license to an applicant who complies with subsection (3) or (4) and complies with the following:

(a) The requirements as set forth in Chapter 468, Part XVI, F.S.;

(b) Submits a completed form DBPR MRS 0701, “Application for Licensure,” effective July 2023, adopted and incorporated herein by reference, which may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783, or at http://www.flrules.org/Gateway/Reference.asp?No=Ref-17160.

(c) Submits the following fees with the application:

1. Application fee of $125.00.

2. Licensure fee of $100.00.

3. Unlicensed Activity fee of $5.00.

(d) Submits a complete set of electronic fingerprints through the following procedure:

1. Applicants can use any Livescan vendor that has been approved by the Florida Department of Law Enforcement to submit their fingerprints to the Department. Applicants shall provide the vender the Originating Agency Identification (ORI) number FL 924260Z when submitting fingerprints.

2. Livescan vendors approved by the Florida Department of Law Enforcement may be obtained at http://www.fdle.state.fl.us/Content/getdoc/941d4e90-131a-45ef-8af3-3c9d4efefd8e/Livescan-Service-Providers-and-Device-Vendors.aspx#Service_Providers.

3. Applicants must provide accurate demographic information at the time the fingerprints are taken. The Department will not be able to process a submission that does not include a Social Security number.

a. Applicants shall clearly identify the profession for which they are seeking licensure and submit their fingerprints payment to the vendor.

4. Out of State applicants:

a. Applicants that live out of state may submit fingerprints by requesting a fingerprint card from the Department of Business and Professional Regulation.

b. Once the applicant receives the fingerprint card, the applicant may obtain fingerprints at a local enforcement office.

c. Prior to mailing the fingerprint card, applicants must log onto the Pearson VUE website at https://pearson.ibtfingerprint.com/ in order to submit the card and pay for ink card submission.

d. Upon successful completion, the applicant shall print the confirmation page.

e. Applicants shall mail the completed card and a copy of the confirmation page in a packet to: FLDBPR, Florida Fingerprinting Program, Prints Inc., 119 East Park Avenue, Tallahassee, FL 32301.

(3) All applicants for licensure by examination must, in addition to the requirements of subsection (2):

(a) Provide proof of completion of education and/or experience requirements as required in Section 468.8413, F.S.

(b) Pass an examination as approved by the Department as described in Rule 61-31.102, F.A.C.

(4) All applicants for licensure by endorsement must, in addition to the requirements of subsection (2):

(a) Comply with the requirements set forth in Section 468.8414(3), F.S.;

(b) Demonstrate that the applicant holds a valid license to practice mold assessment or mold remediation under the law of another state or territory of the United States, if the criteria for issuance of the licensee is substantially the same as the licensure criteria established by this Chapter 468, Part XVI, F.S. and the rules of the Department;

(c) Demonstrate that the applicant has passed a national, regional, state, or territorial licensing examination that is substantially equivalent to an examination approved by the Department as required by Section 468.8413, F.S., and Rule 61-31.102, F.A.C.;

(5) “Good Moral Character”:

(a) The following shall be considered evidence showing a lack of good moral character for which the Department may deny a licensure application:

1. A criminal history records check by the Florida Department of Law Enforcement indicating the applicant has pled guilty or nolo contendere to, or been found guilty of, regardless of adjudication, a crime that directly relates to the profession of mold remediation or mold assessment, in any jurisdiction. Crimes that are deemed to be directly related to the professional responsibilities of a mold remediator or mold assessor include, but are not limited to, fraud, theft, burglary, bribery, arson, dealing in stolen property, forgery, uttering a forged instrument, sexual battery, lewd conduct, child or adult abuse, murder, manslaughter, assault, battery, and perjury;

2. A criminal history records check by the Florida Department of Law Enforcement which exhibits a pattern of unlawful behavior which would indicate that the applicant has little regard for the law, the rules of society, or the rights of others. It is the applicant’s repeated flaunting of or ignoring the law that evidences a lack of the moral character needed to perform the duties and assume the responsibilities of a mold remediator or mold assessor, not the particular relationship of any one of the violations to the professional responsibilities of a mold remediator or mold assessor;

3. The presence of prior civil lawsuits decided adversely against the applicant which involve matters bearing upon moral character and that directly relate to the profession of mold remediators or mold assessors or any related professions, such as construction or engineering. Such lawsuits include, but are not limited to: fraud, dishonesty, misrepresentation, concealment of material facts, or practicing a regulated profession without a license or certificate as required by law or rule;

4. The presence of prior administrative actions taken against any of the applicant’s prior or current professional licenses held in any jurisdiction, decided adversely against the applicant which involve matters bearing upon moral character and that directly relate to the profession of mold remediator or mold assessor or any related professions, such as construction or engineering. Such administrative actions include, but are not limited to: fraud, dishonesty, misrepresentation, concealment of material facts, or practicing a regulated profession without a license or certificate as required by law or rule;

5. Prior payment by check to the Department of any fee when there are insufficient funds to pay the same, if the applicant, upon notification by the Department, fails to redeem the check or otherwise pay the fee within 30 days of the date of written notification by the Department; and

6. Prior denial of licensure, registration, certification, or permit application by the Department or any agency by reason of Section 775.16, F.S., pertaining to conviction of certain offenses involving controlled substances.

7. Conviction of a crime as set forth in Section 775.16, F.S., pertaining to certain offenses involving controlled substances.

(b) The Department shall consider any documentation provided by the applicant in determining the applicant’s good moral character. The following documentation may be provided by the applicant to the Department to assist in the determination of moral character:

1. A statement from the applicant explaining the applicant’s criminal/unlawful conduct and the reason the applicant believes the Department should issue the license,

2. Documentation evidencing the length of time since the conduct occurred or the age of the applicant at the time the conduct occurred,

3. Documentation evidencing successful rehabilitation,

4. Recommendations from parole or probation officers who supervised the applicant,

5. Recommendations from the prosecuting attorney or sentencing judge,

6. Character references from individuals other than immediate family members, who have known the applicant for 3 years or longer,

7. Police reports or transcripts which reveal the underlying facts of the crime,

8. Documentation evidencing the conduct was an isolated occurrence contrary to the applicant’s normal pattern of behavior; and,

9. Documentation evidencing community or civic activities with which the applicant has been associated. It is the applicant’s responsibility to provide such mitigating evidence to the Department.

(c) If the applicant makes incomplete, misleading or false statements regarding material facts in applying, such action will establish the applicant’s lack of good moral character, and the application will be denied.

(d) If the Department determines based on the evidence provided for in paragraph (4)(a) of this rule, that the applicant does not possess good moral character, or the applicant has failed to provide documents to substantiate good moral character within the time limitations of Section 120.60, F.S., the application will be denied. However, the applicant will be given an opportunity by the Department to waive the time limits of this rule and Section 120.60, F.S., if it appears to the department that, through the submission of additional information or with additional time for investigation and verification, the applicant’s good moral character might be established.

(6) Any person desiring to change the status of his or her mold-related license shall submit a completed Form DBPR MRS 0705, Maintenance Form effective April 2013, adopted and incorporated by reference, which may be obtained at http://www.flrules.org/Gateway/Reference.asp?No=Ref-03684.

History

• Rulemaking Authority 455.2035, 468.8413(5), 468.8424 FS. Law Implemented 455.213, 559.79, 468.841, 468.8411, 468.8413, 468.8414 FS. History–New 1-30-14, Amended 7-8-14, 12-20-21, 12-3-24.

Fla. Admin. Code R. 61-31.102 Examination

(1) Any person desiring an initial license by examination as a mold assessor or remediator must pass one of the written examinations approved by the Department for each license type, a list of which may be found at http://www.myfloridalicense.com/dbpr/pro/mold/approved_exams.html.

(2) For purposes of Section 468.8414, F.S. “nationally recognized organization” means an organization that has national recognition in the mold assessment or mold remediation industry and certifies persons in the specialty of mold assessment or mold remediation pursuant to standards that have been approved by the Department as substantially equivalent to the requirements of Chapter 468, Part XVI, F.S., and Section 455.217, F.S.

(3) Standards for approval of Mold Assessment examination and Mold Remediation examination:

(a) The examination is proctored; and

(b) The mold assessment examination covers the physical sampling and detailed evaluation of data obtained from a building history and inspection to formulate an initial hypothesis about the origin, identity, location, and extent of amplification of mold growth greater than 10 square feet.

(c) The mold remediator examination covers the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter greater than 10 square feet.

(4) The fees for examination and re-examination shall be determined by the vendor and paid by the applicant directly to the vendor providing the examination.

History

• Rulemaking Authority 455.2035, 455.217(1), 468.8413(5), 468,8424 FS. Law Implemented 455.217, 468.8413, 468.8414 FS. History–New 1-30-14.

Fla. Admin. Code R. 61-31.301 Delinquent License

(1) Any license status not renewed prior to the end of each biennial renewal period will automatically convert to a delinquent status.

(2) A licensee may convert a delinquent status license to active or inactive status by making a request in writing, remitting the applicable fee(s) as listed below, and complying with the continuing education requirements of Section 468.8416, F.S.

(3) Licensees who wish to convert a delinquent status license to active or inactive status must remit the following fees with their request to activate their license:

(a) Delinquent fee of $25.00;

(b) Past Due Renewal fee of $100.00;

(c) Past Unlicensed Activity fee of $5.00;

(d) Renewal fee of $100.00;

(e) Unlicensed Activity fee of $5.00.

(4) The failure of a delinquent status licensee to change the status of the license to active or inactive status before the expiration of the current licensure period shall render the license void without any further action by the Department.

(5) A revoked or void license may not be renewed. Anyone with a revoked or void license who wishes to provide professional mold related services shall:

(a) Apply as though never before licensed, or

(b) Apply for discretionary hardship reinstatement pursuant to Section 455.271(6)(b), F.S., and Rule 61-31.402, F.A.C.

History

• Rulemaking Authority 455.2035, 455.271, 468.8415(2), 468.8424 FS. Law Implemented 455.2281, 455.271, 468.8412, 468.8415, 468.8417 FS. History–New 1-30-14, Amended 10-31-17.

Fla. Admin. Code R. 61-31.302 Inactive, Active Status

(1) A licensee may request at renewal to place his or her license in an inactive status by making a request in writing and remitting the applicable fee(s) as listed below.

(2) Licensees who wish to convert an active status license to an inactive status license during the renewal period must remit the following fees with their request to activate their license:

(a) Change of Status: Set to Inactive fee of $100.00;

(b) Unlicensed Activity fee of $5.00.

(3) A licensee may apply to the Department at a time other than during the renewal period, to change the status of their license by submitting form #DBPR MRS 0702, “Change of Status Application”, effective April 2013, adopted and incorporated herein by reference, which may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03681. The licensee must remit the following fees to the Department and comply with the continuing education requirements of Section 468.8416, F.S.:

(a) For licensees applying to change their licensure status from active to inactive, pay Change of Status: Set to Inactive fee of $100.00;

(b) For licensees applying to change their licensure status from inactive to active, pay Change of Status: Set to Active fee of $200.00.

History

• Rulemaking Authority 455.2035, 468.8417(3), 468.8424 FS. Law Implemented 455.203(1), 455.2281, 455.271, 468.8412(1), 468.8417, 559.79 FS. History–New 1-30-14.

Fla. Admin. Code R. 61-31.401 License Renewal

(1) A license shall be renewed biennially on or before July 31 of even numbered years.

(2) A licensee will renew a license, whether active or inactive, by paying a biennial license renewal fee of $100.00, an unlicensed activity fee of $5.00, and completing the continuing education as described in Section 468.8416, F.S.

(3) Failure to renew a license renders the license delinquent. Delinquent status may last one full renewal cycle. A delinquent license can be returned to active or inactive status by completing the required continuing education and paying the appropriate fees as described in Rule 61-31.301, F.A.C. If, at the end of the delinquent biennium, the license is not placed in active or inactive status, it becomes void.

History

• Rulemaking Authority 455.2035, 468.8415(2), 468.8424 FS. Law Implemented 455.203(1), 455.271, 468.8415, 468.8416 FS. History–New 1-30-14.

Fla. Admin. Code R. 61-31.402 Discretionary Hardship Reinstatement of Void Licenses

(1) A former licensee may apply to seek department approval for reinstatement and activation of the previous license if the individual failed to renew his or her license due to illness or economic hardship by fulfilling the requirements in subsections (2) and (3) of this rule.

(2) Complete the application DBPR MRS 0701 form as adopted in Rule 61-31.101, F.A.C. The application shall include a letter requesting reinstatement under this rule and documentation to establish illness or economic hardship including the nature and duration.

(3) The applicant shall complete 14 hours of approved continuing education and pay an application fee, licensure fee, and a delinquent fee as listed in Rule 61-31.301, F.A.C.

History

• Rulemaking Authority 455.2035, 455.219, 468.8415, 468.8424 FS. Law Implemented 455.271 (6)(b), 455.213(1), 455.219, 468.8412, 468.8414, 468.8415, 559.79 FS. History–New 1-30-14.

Fla. Admin. Code R. 61-31.501 Continuing Education Provider Requirements

(1) “Continuing Education Provider” means a person or legal entity who is registered pursuant to this rule chapter and who is responsible for conducting a continuing education course approved pursuant to this rule chapter. The continuing education provider is responsible for maintaining records for four years.

(2) Approval of Continuing Education Providers:

(a) Provider approval is valid until May 31 of odd numbered years and must be renewed prior to expiration. An apporoved education provider may renew the approval, whether active or inactive, by paying an Education Provider Biennial Approval Renewal fee of $125.00.

(b) An applicant who submits form DBPR MRS 0703, “Continuing Education Course Provider,” effective Aug 2019, incorporated herein by reference, which may be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-10860. Applications for continuing education course provider approval must submit the Education Provider Approval fee of $125.00 with the completed application.

(c) Any applicant who applies to become a continuing education course provider will be approved as a course provider upon meeting applicable requirements.

(3) Continuing Education Course Provider Obligations:

(a) To maintain status as a continuing education provider, the provider must comply with the requirements of Sections 455.2177, 455.2178, and 455.2179, F.S.:

1. Require each licensee to complete the entire course or seminar in order to receive credit for the course.

2. Provide the Florida Department of Business and Professional Regulation provider number on all course advertisements.

3. Furnish each licensee with an individual certificate of attendance containing the licensee’s name, license number, provider name, provider number, course name, course number, date of the course completion and the total number of hours successfully completed in each subject.

4. Resolve reporting conflicts with the licensee by the expiration date of the training course.

5. Report one education credit for each hour of classroom or interactive distance learning instruction. An “hour of classroom or interactive distance learning instruction” requires no less than fifty (50) minutes of instruction or participation.

6. Any changes in the course provider name, address or telephone number must be submitted in writing to the Department, within 30 days of such change.

(b) The continuing education provider shall not offer any training courses if the provider status is expired or under discipline.

(c) If the continuing education provider status is revoked by the Department, the provider cannot reapply to be registered as a provider for two years from the date of the Final Order revoking the registration.

(d) The Department retains the right and authority to audit and/or monitor programs and review records and course materials given by any continuing education provider approved pursuant to this rule. The Department shall reject individual programs given by a continuing education provider if the provider disseminates any false or misleading information in connection with the educational programs, or if the continuing education provider fails to conform to and abide by the rules of the Department.

History

• Rulemaking Authority 455.2035, 455.213, 455.2177, 455.2178, 455.2179, 468.8412, 468.8424 FS. Law Implemented 455.2123, 455.213, 455.2177, 455.2178, 455.2179, 468.8412, 468.8424, 559.79 FS. History– New 1-30-14, Amended 10-8-19.

Fla. Admin. Code R. 61-31.505 Approval of Continuing Education Courses

(1) Education courses shall be valid for purposes of the licensure and education requirements only if such courses have received prior approval from the Mold-Related Services Licensing Program.

(2) The Department’s approval of an education course will be valid for two years when the following requirements are met:

(a) An application must be submitted using form DBPR MRS 0704, “Application for Continuing Education Course Approval or Renewal, effective April 2013, incorporated herein by reference. The form may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03683.

(b) The course provider shall submit to the Department the following for approval before the course is offered: the application adopted in paragraph (a), a detailed course outline describing the course’s content and subject matter, and a written statement that explains in detail how the course relates to the practice of assessing or remediating mold as defined in Section 468.8411, F.S.

(c) The application shall include the total number of classroom or interactive distance learning hours, the course syllabus, and the name and qualifications of all instructors.

(3) A course provider making application to offer interactive distance learning must submit documents indicating the following:

(a) The means by which the course will demonstrate interactivity between the student and course provider within a maximum of 24 hours, which promotes student involvement, and demonstrates that the course measures learning and addresses comprehension of content at regular intervals.

(b) The means by which the course provider is able to monitor student enrollment, participation and course completion.

(c) The means by which the course provider will be able to satisfactorily demonstrate that stated course hours are consistent with the actual hours spent by each student to complete the course.

(d) The means by which the provider will assure qualified instructor(s) will be available to answer questions and provide students with necessary support during the course.

(e) That the student will be required to complete a statement at the beginning and end of the course indicating that he/she personally completed each module/session of instruction.

(f) The means by which the course provider will verify student identification.

(4) The following criteria shall be considered when approving continuing education courses:

(a) Previous approval by the Construction Industry Licensing Board, the Board of Professional Engineers, the Board of Architecture and Interior Design, the Building Code Administrators and Inspectors Board, or the Electrical Contractors’ Licensing Board, so long as the courses pertain to mold-related services;

(b) For mold assessment continuing education courses, course topics concerning a process performed by a mold assessor that includes the physical sampling and detailed evaluation of data obtained from a building history and inspection to formulate an initial hypothesis about the origin, identity, location, and extent of amplification of mold growth of greater than 10 square feet, including water (moisture intrusion), mold and mold safety, and the standards of practice as set forth in Rules 61-31.701 and 61-31.702, F.A.C.;

(c) For mold remediation continuing education courses, course topics concerning the removal, cleaning, sanitizing, demolition, or other treatment, including preventive activities, of mold or mold-contaminated matter of greater than 10 square feet that was not purposely grown at that location, including water (moisture intrusion), mold and mold safety, and the standards of practice as set forth in Rules 61-31.701 and 61-31.702, F.A.C.

(5) Instructors:

(a) All instructors must hold active or inactive licenses as mold assessors or mold remediators; and

(b) Providers may not use instructors who are currently suspended or revoked due to disciplinary action against their license.

(6) Education courses must address mold related subjects and shall not involve the promotion or sale of any products.

(7) Any substantive changes made to approved courses must be approved by the Department before the changed course can be offered. Course approval shall be rescinded by the Department if such notification is not made or the changes fail to otherwise conform to this rule.

(8) Course approvals shall be automatically rescinded if the provider status expires or is rescinded by disciplinary action or otherwise.

History

• Rulemaking Authority 455.2035, 468.8424 FS. Law Implemented 455.213(6), 455.2178, 455.2179,468.8413(3), 468.8416, 559.79 FS. History–New 1-30-14.

Fla. Admin. Code R. 61-31.602 Disciplinary Guidelines

(1) Whenever the Department finds a licensee guilty of violating a provision of Chapter 455 or 468, Part XVI, F.S., the following Disciplinary Guidelines shall be followed. The identification of violations is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included:

Statutory Violation

Description of Violation (This description is a general summary).

Penalty Range for First Violation.

Penalty Range for Subsequent Violation.

(a) Violation of:

Section 468.842(1)(a) or 455.227(1)(q), F.S.

Violation of any provision of Chapter 468, Part XVI or Section 455.227(1), F.S.

Fine up to $1,000; Plus Reprimand, Probation, or Suspension.

Fine up to $5,000; Plus Probation, Suspension, or Revocation.

(b) Violation of:

Section 468.842(1)(b) or 455.227(1)(h), F.S.

Attempting to procure a license by bribery or fraudulent misrepresentations.

Fine up to $1,000; Plus Reprimand, Probation, Suspension, Revocation, or Denial of License.

Fine up to $5,000; Plus Probation, Suspension, Revocation, or Denial of License.

(c) Violation of:

Section 468.842(1)(c) or 455.227(1)(f), F.S.

Having a license to practice mold assessment or mold remediation revoked, suspended, denied or acted against in another state, territory or country.

Fine up to $1,000; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5,000; Plus Reprimand, Probation, Suspension, or Revocation.

(d) Violation of:

Section 468.842(1)(d) or 455.227(1)(c), F.S.

Being convicted, found guilty, pleading nolo contendere to a crime, in any jurisdiction, that directly relates to the practice or ability to practice.

Fine up to $1,000; Plus Reprimand, Suspension, or Revocation.

Fine up to $5,000; Plus Revocation.

(e) Violation of:

Section 468.842(1)(e) or 455.227(1)(l), F.S.

Making or filing a known false report, willfully failing to file a required record or report, willfully impeding or obstructing such filing.

Fine up to $1,000; Plus Reprimand, Probation Suspension, or Revocation.

Fine up to $5,000; Plus Revocation.

(f) Violation of:

Section 468.842(1)(f), F.S.

Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.

Fine up to $1,000; Plus Reprimand, Probation, or Suspension.

Fine up to $5,000; Plus Reprimand, Probation, Suspension, or Revocation.

(g) Violation of:

Section 468.842(1)(g), F.S.

Engaging in fraud, deceit, negligence, incompetence or misconduct in the practice of mold assessment or remediation services.

Fine up to $5,000; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5,000; Plus Reprimand, Probation, Suspension, or Revocation.

(h) Violation of:

Section 468.842(1)(h), F.S.

Failing to perform any statutory or legal obligation placed upon a licensed mold assessor or remediator; violating any provision of Chapter 468, Part XVI, F.S.; violating an order of the Department previously entered.

Fine up to $1,000; Plus Reprimand, Probation, or Suspension.

Fine up to $5,000; Plus Probation, Suspension, or Revocation.

(i) Violation of:

Section 468.832(1)(i), F.S.

Practicing on a revoked, suspended, inactive or delinquent license.

Fine up to $1,000 + Costs; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5,000; Plus Probation, Suspension, or Revocation.

(j) Violation of:

Section 455.227(1)(a), F.S.

Making false, fraudulent, deceptive or misleading representations in or related to the practice of the licensee’s profession.

Fine up to $1,000; Plus Reprimand, Probation, or Suspension.

Fine up to $5,000; Plus Reprimand, Probation, Suspension, or Revocation.

(k) Violation of:

Section 455.227(1)(b), F.S.

Intentional violation of any administrative rule.

Fine up to $1,000; Plus Reprimand, Probation, Suspension.

Fine up to $5,000; Plus Suspension, Revocation.

(l) Violation of:

Section 455.227(1)(g), F.S.

Having been found civilly liable for knowingly filing a false report or complaint against another licensee.

Fine up to $1,000; Plus Reprimand, or Probation.

Fine up to $5,000; Plus Suspension, or Revocation.

(m) Violation of:

Section 455.227(1)(i), F.S.

Knowingly concealing information regarding violation of Chapter 468, Part XVI, F.S., or rules of the Department.

Fine up to $1,000; Plus Reprimand.

Fine up to $5,000; Plus Probation, Suspension, or Revocation.

(n) Violation of:

Section 455.227(1)(j), F.S.

Aiding, assisting, procuring, employing or advising unlicensed person or entity to practice profession contrary to Chapter 468, Part XVI or Chapter 455, F.S., or rules of the Department.

Fine up to $1,000; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5,000; Plus Suspension, or Revocation.

(o) Violation of:

Section 455.227(1)(k), F.S.

Failing to perform any statutory or legal obligation of licensee.

Fine up to $5,000; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5,000; Plus Suspension, or Revocation.

(p) Violation of:

Section 455.227(1)(n), F.S.

Exercise influence on client for improper financial gain of licensee or third party.

Fine up to $1,000; Plus Reprimand, Probation, Suspension, or Revocation.

Fine up to $5,000; Plus Reprimand, Probation, Suspension, or Revocation.

(q) Violation of:

Section 455.227(1)(o), F.S.

Practicing beyond the scope of license.

Fine up to $1,000; Plus Reprimand, Probation.

Fine up to $5,000; Plus Suspension.

(r) Violation of:

Section 455.227(1)(p), F.S.

Accepting and performing or delegating responsibilities licensee knows or should know he or the delegee is not competent to perform.

Fine up to $1,000; Plus Reprimand, or Probation.

Fine up to $5,000; Plus Suspension, or Revocation.

(r) Violation of:

Section 455.227(1)(r), F.S.

Interfering with an investigation, inspection or disciplinary proceeding.

Fine up to $1,000; Plus Reprimand, Probation Suspension, or Denial of Licensure.

Fine up to $1,000; Plus Suspension, Revocation, or Denial of Licensure.

(2) Additional conditions which may be imposed through a final order:

(a) Licensee is placed on probation for a period of time as determined by the Department;

(b) Failure to comply with any provision of an order shall result in the filing of a new complaint and if the licensee is found to be in violation, the license will be suspended until the licensee is compliant;

(c) The licensee shall demonstrate compliance with all the conditions of the final order, prior to the lifting of probation;

(d) Licensee shall complete additional continuing education courses of a specified type, as set forth by the final order, not to exceed more than 14 hours of continuning education courses.

(3) Aggravating/Mitigating Circumstances: The existence of aggravating or mitigating circumstances, as set forth below, will permit deviation from the guidelines upon clear and convincing evidence.

(a) Aggravating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

1. History of previous violations of the practice act or the rules promulgated thereunder;

2. The magnitude and scope of the project and the damage inflicted upon the public;

3. Evidence of violations of professional practice acts in this or other jurisdictions which resulted in discipline by the regulatory authority;

4. Failure to attempt to correct the violation by the licensee;

5. Any other relevant aggravating circumstances.

(b) Mitigating circumstances; circumstances which may justify deviating from the disciplinary guidelines include, but are not limited to:

1. In cases of negligence, the minor nature of the project in question and the lack of danger to the public health, safety or welfare which resulted;

2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices or has practiced;

3. Restitution of any damages suffered by the licensee’s client;

4. Remedial steps taken by the licensee to avoid similar violations in the future;

5. Attempts by the licensee to correct the violation;

6. Any other relevant mitigating circumstances.

History

• Rulemaking Authority 455.2035, 455.2273, 468.8424 FS. Law Implemented 455.227, 455.2273, 468.8419, 468.842 FS. History‒New 1-30-14.

Fla. Admin. Code R. 61-31.603 Notice of Noncompliance

(1) As an alternative to the provisions of Sections 455.255(1) and (2), F.S., the Department may provide a licensee with a notice of noncompliance for an initial offense of a minor violation.

(2) A notice of non-compliance may be issued for the following minor violations:

(a) Offers to perform any mold assessment or remediation in violation of Section 468.8419(1)(b), F.S.

(b) Advertising goods or services in a manner that is fraudulent, false, deceptive or misleading in form or content in violation of Section 468.842(1)(f), F.S.

(3) This designation of minor violations for the purposes of Section 455.225(3), F.S., is limited to initial violations in which corrective action is commenced within 15 days of the Department’s issuance of a notice of noncompliance. The violation must be corrected within 15 days. If it cannot be corrected within 15 days, the licensee must move with due diligence to complete the corrective action. A violation for which the licensee fails to take corrective action within 15 days after notice shall no longer be deemed a minor violation and shall be treated as a citation violation, pursuant to Rule 61-31.604, F.A.C. Violations of this section, except as provided herein, shall be handled in accordance with the standard disciplinary guidelines. Nothing provided in this section shall restrict the Department from seeking full prosecution in such instances where aggravating circumstances are present which would preclude a minor violation dismissal.

History

• Rulemaking Authority 455.2035, 455.225(3) FS. Law Implemented 120.695(2), 160.695(2), 455.225, 468.8419, 468.842 FS. History‒New 1-30-14.

Fla. Admin. Code R. 61-31.604 Citations

(1) The following violations may be resolved by the issuance of a citation pursuant to Section 455.224, F.S., and Chapter 61-31, F.A.C.

Violation

Fine

(a) Practice by an individual with an inactive or delinquent license, in violation of Section 468.842(1)(i), F.S.

$1,000.00

(b) Failure of a mold assessor to maintain at least $1 million general liability and errors-and-omissions insurance coverage for both preliminary and postremediation mold assessment, in violation of Section 468.8421, F.S.

$1,000.00

(c) Failure of a mold remediator to maintain at least $1 million general liability insurance coverage, in violation of Section 468.8421, F.S.

$1,000.00

(d) Failure to commence corrective action within 15 days of the Department’s issuance of a notice of noncompliance, in violation of Rule 61-31.603, F.A.C.

$500.00

(2) In addition to the penalties specified above, the Department may recover the costs of investigation associated with the citation.

(3) Citations shall be issued pursuant to this rule where no harm to consumers results from the violation.

History

• Rulemaking Authority 455.2035, 455.224(2) FS. Law Implemented 455.224, 468.842, 468.8421 FS. History‒New 1-30-14.

Fla. Admin. Code R. 61-31.605 Mediation

The following alleged violations may be resolved by mediation using the procedure adopted by the Department pursuant to Section 455.2235, F.S.:

(1) Section 468.842(1)(g), F.S., Committing fraud, deceit, negligence, incompetency or misconduct in the practice of mold related services.

(2) Section 468.842(1)(h), F.S., Failing to perform any statutory or legal obligation placed upon a licensed mold assessor or remediator.

History

• Rulemaking Authority 455.2035, 455.2235(1), 468.8424 FS. Law Implemented 455.2235, 468.842 FS. History‒New 1-30-14.

Chapter 61-32 ISSUANCE OF CITATIONS

Fla. Admin. Code R. 61-32.001 Issuance of Citations

History

• Rulemaking Authority 455.201, 455.203(5), 455.224 FS. Law Implemented 455.224 FS. History–New 1-6-92, Formerly 21-32.001, Amended 6-19-95, 8-15-05, Repealed 10-4-10.

Fla. Admin. Code R. 61-32.002 Board of Employee Leasing Citations

(1) As used in this rule, “citation” means an instrument which meets the requirements set forth in Section 455.224, F.S., and which is served upon a licensee for the purpose of assessing a penalty in an amount established by this rule.

(2) In lieu of the disciplinary procedures contained in Section 455.225, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint that is the basis for the citation. The citation shall be issued to the subject and shall contain the subject’s name and address, license number if applicable, a brief factual statement, the sections of law allegedly violated, and the penalty imposed. If a violation for which a citation may be issued is discovered during the course of an investigation for an unrelated violation, the citation must be issued within 6 months from the discovery of the violation and filing of the uniform complaint form by the investigator.

(3) The following violations with accompanying fines may be disposed of by citation, unless the licensee has already received two citations within the preceding one year period, in which case the disciplinary procedures contained in Section 455.225, F.S., shall apply:

(a) Conducting a business under a name other than the licensed name of the employee leasing company, in violation of Section 468.530(3), F.S. The fine shall be $500.00.

(b) Failure to notify the Board of change of address, in violation of Section 468.532(1)(j), F.S. The fine shall be $100.00.

(c) Failing to post in a conspicuous place in the principal place of business the license of the employee leasing company in violation of Section 468.530(2), F.S. The fine shall be $100.00.

(d) Failure to submit quarterly reports when due but which are submitted and postmarked more than 7 days, but less than 90 days after the due date, in violation of Rule 61G7-10.001, F.A.C., the fine shall be $500.00.

(e) Failure to submit annual reports when due but which are submitted and postmarked more than 7 days, but less than 30 days of the date in violation of Rule 61G7-10.0011, F.A.C. The fine shall be $500.00.

(f) Failure to submit a statement of total gross Florida payroll and annual assessment fees when due but which are submitted and postmarked more than 7 days, but less than 90 days of the due date, in violation of subsection 61G7-5.002(1), F.A.C., the fine shall be $500.00.

(4) If the subject does not dispute the matter in the citation in writing within 30 days after the citation is served by personal service or within 30 days after receipt by certified mail, restricted delivery, the citation shall become a final order of the Board of Employee Leasing Companies. The subject has 30 days from the date the citation becomes a final order to pay the fine and costs. Failure to pay the fine and costs within the prescribed time period constitutes a violation of Section 468.532(1)(i), F.S., which shall result in further disciplinary action. All fines and costs are to be made payable to “Board of Employee Leasing Companies.”

(5) Prior to issuance of the citation, the investigator must confirm that the violation has been corrected or is in the process of being corrected.

(6) Should an offense for which a citation could be issued occur in conjunction with violations not described herein, then the procedures of Section 455.225, F.S., shall apply.

History

• Rulemaking Authority 455.203(5), 455.224 FS. Law Implemented 455.224, 455.225, 468.530, 468.532 FS. History–New 6-26-95, Amended 2-19-98, 12-3-00, 11-5-17.

Fla. Admin. Code R. 61-32.003 Issuance of Citations for Unlicensed Practice of a Profession

(1) Notwithstanding citation rules adopted under applicable practice acts pursuant to Section 455.224, F.S., citations imposing a designated fine may be issued to persons or businesses not licensed by the Department for the violations listed below when there is evidence of consumer harm in the amount of $10,000.00 or less.

(2) The Department may issue citations in lieu of administrative complaints for the unlicensed practice of a profession, and impose the following penalties:

(a) Advertising or otherwise holding ones self out as available to practice a profession, provide a service, or engage in an activity that requires licensure by the Department. CITATION PENALTY: A fine of $1,000, and costs of the investigation.

(b) Contracting to perform or performing a service, or offering a bid to engage or engaging in a practice, that requires licensure by the Department. CITATION PENALTY: A fine of $2,500, and costs of the investigation.

(3) Citations for the unlicensed practice of a profession shall be either personally-served or served by certified mail, restricted delivery, and may include, but is not limited to, the following information if available:

(a) Subject’s full name, age and date of birth.

(b) Subject’s driver’s license number, or any other identifying information.

(c) Subject’s last known address.

(d) A brief factual statement of the activity engaged in, the sections of law allegedly violated, and the penalty imposed.

(e) A statement that, in lieu of accepting and paying the citation, the subject may choose to proceed in accordance with Section 455.225, F.S.

(4) If the subject does not dispute the citation within 30 days after the citation is served, the citation will become a final order of the Department.

(5) Payment of an undisputed citation is due within 30 days after the citation has become a final order.

(6) Citations which have become final orders pursuant to Section 455.228, F.S., will be used in any subsequent proceedings as evidence of a prior violation of that statute or rule.

(7) Citations which have become final orders pursuant to Section 455.228 F.S., shall be forwarded to the proper prosecuting authority in accordance with Section 455.2277, F.S.

History

• Rulemaking Authority 455.228(3) FS. Law Implemented 455.228 FS. History–New 8-15-05, Amended 1-5-11, 7-13-23.

Fla. Admin. Code R. 61-32.005 Petitions for Mediation by Homeowners

History

• Rulemaking Authority 723.006(7), 723.038(1) FS. Law Implemented 723.037, 723.038 FS. History–New 2-6-85, Formerly 7D-32.05, Amended 8-2-87, 2-8-89, 10-2-90, Formerly 7D-32.005, Amended 8-31-94, 11-15-95, Repealed 1-19-97.

Fla. Admin. Code R. 61-32.0053 Issuance of Citations

History

• Rulemaking Authority 723.006(7), 723.038(1) FS. Law Implemented 723.037, 723.038 FS. History–New 10-2-90, Formerly 7D-32.0053, Amended 8-31-94, Repealed 1-19-97.

Chapter 61-34 MEDIATION

Fla. Admin. Code R. 61-34.001 Purpose

History

• Rulemaking Authority 455.201(1), 455.203(5) FS. Law Implemented 455.2235 FS. History–New 7-12-95, Repealed 10-22-12.

Fla. Admin. Code R. 61-34.002 Definitions

History

• Rulemaking Authority 455.201(1), 455.203(5) FS. Law Implemented 455.2235 FS. History–New 7-12-95, Repealed 8-28-14.

Fla. Admin. Code R. 61-34.003 Procedure for Mediation

History

• Rulemaking Authority 455.201(1), 455.203(5) FS. Law Implemented 455.2235 FS. History–New 7-12-95, Repealed 8-28-14.

Chapter 61-35 DEPARTMENTAL FORMS

Fla. Admin. Code R. 61-35.002 Board of Architecture and Interior Design Departmental Forms

The following Board of Architecture and Interior Design Departmental forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person desiring to apply for licensure as an architect by examination shall submit a completed Form DBPR AR 1, Application for Licensure by Examination, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15932.

(2) Any Florida licensed architect desiring to apply for certification as a threshold building inspector shall submit a completed Form DBPR AR 2, Application for Threshold Building Inspector Certification, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15933.

(3) Any person desiring to reactivate his or her architect license shall submit a completed Form DBPR AR 3, Application for Architecture Reactivation, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15934.

(4) Any Florida licensed architect desiring to apply for registration as an interior designer shall submit a completed Form DBPR AR 4, Architect Seeking Registration as Interior Designer, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15935.

(5) Any person desiring to apply to qualify an architectural business organization shall submit a completed Form DBPR AR 5, Application to Qualify an Architectural Business Organization, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15936.

(6) Any person desiring to apply for architect licensure by NCARB endorsement shall submit a completed Form DBPR AR 6, Application for Licensure by NCARB Endorsement, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15937.

(7) Any person or business desiring to make changes to the qualified architectural business organization information shall submit a completed Form DBPR AR 7, Business Registration Maintenance Form, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15938.

(8) Any person desiring to apply for architect licensure by endorsement shall submit a completed Form DBPR AR 8, Application for Licensure by State or Direct Endorsement, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15939.

(9) Any person desiring to make changes to his or her existing license or registration shall submit a completed Form DBPR AR-ID 1, Individual License Maintenance Form, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15940.

(10) Any person desiring to reinstate his or her null and void license or registration shall submit a completed Form DBPR AR-ID 3, Reinstatement of Null and Void License or Registration, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15941.

(11) Any person desiring to apply for registration as an interior designer by examination shall submit a completed Form DBPR ID 1, Application for Interior Designer Registration by Examination, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15942.

(12) Any person desiring to reactivate his or her interior design registration shall submit a completed Form DBPR ID 2, Application for Registered Interior Design Reactivation, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15943.

(13) Any person desiring to apply for registration as an interior designer by endorsement shall submit a completed Form DBPR ID 4, Application for Interior Design Registration by Endorsement, effective September 2023, incorporated herein by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15944.

History

• Rulemaking Authority 455.203, 455.213, 455.2179 F.S. Law Implemented 455.217, 455.2179, 455.271, 481.2055, 481.207, 481.209, 481.211, 481.213, 481.215, 481.217 F.S History–New 10-19-23.

Fla. Admin. Code R. 61-35.003 Board of Accountancy Departmental Forms

The following Division of Certified Public Accountants forms can be obtained at www.myfloridalicense.com/dbpr/ or by mail from the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395.

(1) Any person desiring to apply to take the examination to become a Certified Public Accountant (CPA) shall submit a completed Form DBPR CPA 1, Application for CPA Examination, effective April 2024, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-17373.

(2) Any person desiring to apply to become a Certified Public Accountant (CPA) shall submit a completed Form DBPR CPA 2, Initial CPA Licensure Application, effective June 2021, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-13165.

(3) Any person desiring to apply to become a Certified Public Accountant (CPA) by endorsement shall submit a completed Form DBPR CPA 3, Application for CPA Licensure by Endorsement, effective June 2021, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-13166.

(4) Any person desiring to apply for a firm license shall submit a completed Form DBPR CPA 4, Application for CPA Firm, effective June 2021, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-13167.

(5) Any person desiring to apply for a firm license as a sole proprietor shall submit a completed Form DBPR CPA 5, Application for CPA Sole Proprietor Firm, effective June 2021, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-13168.

(6) Any person that is a non-resident desiring to apply for a temporary permit to perform a specific engagement for a client within the State of Florida shall submit a completed Form DBPR CPA 6, Application for CPA Non Resident Temporary Practice Permit, effective June 2021, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-13169.

(7) Any person desiring to change the status of their license shall submit a completed Form DBPR CPA 7, CPA Change of Status, effective June 2021, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-13170.

(8) Any person desiring to change their name or address as listed on their license or desiring to request a duplicate wall certificate shall submit a completed Form DBPR CPA 8, CPA Request for Name/Address Change, effective June 2021, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-13171.

(9) Any person desiring to reinstate their null and void license as a Certified Public Accountant shall submit a completed Form DBPR CPA 9, Application for Reinstatement of Null and Void License, effective April 2024, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-17374.

(10) Any provider of Continuing Professional Education (CPE) Courses for Certified Public Accountants desiring to apply for their Ethics course to be recognized as an approved Ethics in the State of Florida for the purposes of satisfying CPE requirements shall submit a completed Form DBPR CPA 10, Continuing Education Provider and Ethics Course Approval Application, effective June 2021, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-13173.

(11) Any person desiring to apply for the Clay Ford Scholarship shall submit a completed Form DBPR CPA 11, Clay Ford Scholarship Application, effective June 2021, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-13174.

(12) Any person desiring to send another State Board of Accountancy a verification of either exam scores or licensure information shall submit a completed Form DBPR CPA 12, Authorization for Transfer of Examination and/or Licensure Information Request, effective April 2024, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-17375.

(13) Any person desiring to use work experience as a requirement for a Certified Public Accountant (CPA) Licensure in lieu of education shall submit a completed Form DBPR CPA 32, Verification of Work Experience, effective June 2021, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-13176.

(14) Any person desiring to report their Continuing Professional Education (CPE) Courses in order to renew, reactivate, or seek an endorsement for CPA Licensure shall submit a completed Form DBPR CPA 41, CPE Reporting Form, effective July 2024, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-17376.

(15) Any person that is a non-resident and has previously sat for a Certified Public Accountant (CPA) Examination and is desiring to take the CPA Examination or obtain a license by endorsement in the State of Florida shall submit a completed Form DBPR CPA 5012-1, Authorization for Interstate Exchange of Examination and Licensure Information, effective June 2021, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-13178.

(16) Any person desiring to receive instructor credit for their Continuing Professional Education (CPE) as required by Rule 61H1-33.003, F.A.C., in order to renew their CPA license shall submit a completed DBPR CPA 13, Instructor CPE Credit Reporting Form, effective April 2023, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-15216.

(17) Any person who is a non-resident Florida license holder and is seeking to report their Continuing Professional Education (CPE) as required by Rule 61H1-33.003, F.A.C., in order to renew their CPA license shall submit a completed DBPR CPA 14, Out of State Licensee CPE Acknowledgement Form, effective April 2023, adopted and incorporated by reference and available at, http://www.flrules.org/Gateway/reference.asp?No=Ref-15217.

(18) Any person desiring to change the status of their license from “current, active” or “current, inactive” to “retired” shall submit a completed Form DBPR CPA 16, Application for Retired Status, effective July 2024, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-17377.

(19) Any person desiring to change the status of their license from “retired” to “current, active” shall submit a completed Form DBPR CPA 17, CPA Retired Status Reactivation Application, effective July 2024, adopted and incorporated by reference and available at, https://www.flrules.org/Gateway/reference.asp?No=Ref-17378.

History

• Rulemaking Authority 455.203, 455.213, 455.217, 455.271, 455.219, 473.305 FS. Law Implemented 455.2179, 455.271, 455.219, 473.305, 455.275, 473.305, 473.306, 473.3065, 473.308, 473.309, 473.3101, 473.313, 473.314, 559.79 FS. History–New 6-17-21, Amended 5-11-23, 2-19-25.

Fla. Admin. Code R. 61-35.004 Athlete Agent Departmental Forms

The following Athlete Agent forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person desiring licensure as an Athlete Agent shall submit a completed Form DBPR AA-4101, Application for Licensure as an Athlete Agent, effective July 2024, adopted and incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-17147, and remit payment of an application fee of $250.00, licensure fee of $375.00 and an unlicensed activity fee of $5.00 as specified in Rule 61-24.004, F.A.C.

(2) Any person requesting an address or name change or duplicate of his or her Athlete Agent license shall submit a completed Form DBPR AA-4102, Request for Address/Name Change or Duplicate, effective May 29, 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-01271.

(3) Any person desiring to change the status of his or her Athlete Agent license shall submit a completed Form DBPR AA-4103, Change of Status Application effective May 29, 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-01272.

(4) Any person whose license has become null and avoid due to illness or economic hardship may apply for reinstatement of his or her license at any time by submitting to the Department Form DBPR AA-4101, Application for Licensure as an Athlete Agent, remitting payment of a reinstatement fee of $125.00, licensure fee of $375.00, and an unlicensed activity fee of $5.00 as specified in Rule 61-24.004, F.A.C., and meeting any other requirements for licensure imposed under Chapters 455 and 468, Part IX, F.S.

History

• Rulemaking Authority 455.2035, 455.213, 455.2135, 468.457 FS. Law Implemented 455.2035, 455.213, 455.2135, 455.271, 468.453, 559.79 FS. History–New 6-14-12, Amended 6-23-15, 10-8-19, 11-24-24.

Fla. Admin. Code R. 61-35.005 Board of Auctioneers Departmental Forms

The following Florida Auctioneers Departmental forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person applying for Initial Licensure as an Auctioneer Apprentice or Change of Sponsor, shall submit a completed Form DBPR AU-4151, Application for Initial Licensure as Auctioneer Apprentice or Change of Sponsor, effective May 2024, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16597.

(2) Any person applying for Initial Licensure by Exam based on Education, Initial Licensure by Exam based on Apprenticeship, or Licensure by Reciprocity/ Endorsement shall submit a completed Form DBPR AU-4153, Application for Initial Licensure as Auctioneer, effective May 2024, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16598.

(3) Any person or entity desiring to change their address or name, request a renewed license, change their license to inactive status, change their license to active status, or close their Auctioneer Business, shall submit a completed Form DBPR AU-4154, License Maintenance/Status Change, effective May 2024, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16599.

(4) Any person applying for Licensure for an Auction Business shall submit a completed Form DBPR AU-4155, Application for Auction Business Licensure, effective May 2024, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16600.

(5) Any person applying to re-take the licensure examination shall submit a completed Form DBPR AU-4156, Application for Reexamination, effective May 2024, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16601.

(6) Any person applying terminate their Auctioneer Apprentice shall submit a completed Form DBPR AU-4158, Apprentice Termination Form, effective May 2024, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16602.

(7) Any person applying for Initial Licensure as an Auctioneer Apprentice shall submit a completed Auctioneer Apprentice Activity Form DBPR AU-4159, Apprentice Activity Form, effective May 2024, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16603.

(8) Any person applying to reinstate a null and void license shall submit a completed Form DBPR AU-4161, Application for Reinstatement of Null and Void License, effective May 2024, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16604.

History

• Rulemaking Authority 455.203, 455.213, 455.217, 468.384 F.S. Law Implemented 455.217, 455.271, 468.385, 468.3851, 468.3852, 468.3855, 468.386, 468.387, 559.79, F.S. History–New 6-17-24.

Fla. Admin. Code R. 61-35.006 Florida Barbers’ Departmental Forms

The following Florida Barber forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person desiring licensure as a Barber by examination based on Florida Education, shall submit a completed Form DBPR BAR 1, Application for License by Examination Based on Florida Education, effective November 2022, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-14919.

(2) Any person desiring licensure as a Barber by examination based on current licensure in another state or country, shall submit a completed Form DBPR BAR 2, Application for Initial License by Examination Based on Licensure in another State or Country, effective August 2023, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-15841.

(3) Any person desiring reexamination of his or her Barber exam, shall submit a completed Form DBPR BAR 3, Application for Reexamination, effective November 2022, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-14921.

(4) Any person desiring licensure as a Barber by Endorsement, shall submit a completed Form DBPR BAR 4, Application for License by Endorsement, effective August 2023, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-15842.

(5) Any person or organization desiring a Barbershop license, shall submit a completed Form DBPR BAR 5, Application for Barbershop Licensure, effective May 29, 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-01277.

(6) Any person desiring licensure as a Barber from null and void, shall submit a completed Form DBPR BAR 6, Application for License from Null and Void (Expired License), effective May 29, 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-01278.

(7) Any person or organization desiring approval of an initial and continuing Barber continuing education course, shall submit a completed Form DBPR BAR 7, Application for Initial and Continuing Education Course Approval and Renewal, effective March 2022, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-14031.

(8) Any person or organization desiring approval as an initial and continuing Barber education course provider, shall submit a completed Form DBPR BAR 8, Application for Initial and Continuing Education Provider Approval, effective May 29, 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-01280.

(9) Any person desiring to change their name or address, request a duplicate license, or to change the status of his or her Barber license, shall submit a completed Form DBPR BAR 9, Individual Change of Status Transactions, effective May 29, 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-01281.

(10) Any person or entity desiring to change their mailing address, to request a duplicate license, or to close his or her Barbershop, shall submit a completed Form DBPR BAR 10, Barbershop Change of Status Transactions, effective May 29, 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-01282.

History

• Rulemaking Authority 455.213 FS. Law Implemented 455.203(5), 455.213(1), 455.213(2), 455.217(2), 455.217(6), 455.2179, 455.219(1), 455.2281, 455.2228, 455.271(6), 455.271(2), 559.79, 476.114(1), 476.114(2), 476.114(3), 476.144(7), 476.144(5), 476.144(6), 476.192, 476.184(1), 476.184(3), 476.184(7) FS. History–New 6-14-12, Amended 5-4-22, 12-21-22, 10-19-23.

Fla. Admin. Code R. 61-35.008 Building Code Administrators and Inspectors Departmental Forms

The following Building Code Administrators and Inspectors Departmental forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person desiring to apply for certification by examination or endorsement as an Inspector or Plans Examiner, shall submit a completed Form DBPR BCAIB 1, Application for Initial Certification by Examination or Endorsement – Inspectors and Plans Examiners, effective December 2022, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-15248.

(2) Any person desiring to apply as a Building Code Administrator shall submit a completed Form DBPR BCAIB 2, Application for Initial Certification by Examination or Endorsement – Building Code Administrator, effective January 2025, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17397.

(3) Any Building Code Inspector or Plans Examiner applying for a provisional certificate shall submit a completed Form DBPR BCAIB 3, Application for Provisional Certificate – Inspectors and Plans Examiners, effective December 2022, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-15250.

(4) Any Building Code Administrator applying for a provisional certificate shall submit a completed Form DBPR BCAIB 4, Application for Provisional Certificate – Building Code Administrator, effective January 2025, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17398.

(5) Any person or organization desiring to apply as a continuing education provider or for approval or renew of a continuing education course shall submit a completed Form DBPR BCAIB 5, Application for Continuing Education Course Approval/Renewal and Provider, effective May 2021, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-13186.

(6) Any person desiring to change the status, name/address or request a duplicate license shall submit a completed Form DBPR BCAIB 6, Individual Change of Status Transactions, effective July 10, 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-03354.

(7) Any person or organization desiring to apply as a training provider or for approval or renewal of a training program course shall submit a completed Form DBPR BCAIB 7, Application for Internship Certification Training Program Approval/Renewal and Provider, effective January 2025, adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-17399.

(8) Any person applying for reexamination shall submit a completed Form DBPR BCAIB 8, Application for Reexamination, effective December 2022, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-15253.

(9) Any person desiring to reinstate a null and void certification shall submit a completed Form DBPR BCAIB 9, Application to Reinstate Null and Void Certification, effective July 10, 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-03357.

(10) Any person or organization desiring to apply as a continuing education provider approved by the Florida Division of State Fire Marshal shall submit a completed Form DBPR BCAIB 10, Application for Division of State Fire Marshal Education Course and Provider Approval, effective December 2022, adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-15254.

(11) Any person desiring to enter an internship certification program and intends to apply for a provisional license for the duration of the internship shall submit a completed Form DBPR BCAIB 12, Application for Provisional Certificate through Enrollment in an Internship Certification Program – Inspectors and Plans Examiners, effective January 2025, adopted and incorporated by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-17400.

(12) Any person applying for Standard Certificate after Completion of an Internship Certification Program – Inspectors and Plans Examiners shall submit a completed Form DBPR BCAIB 13, Application for Standard Certificate after Completion of an Internship Certification Program - Inspectors and Plans Examiners, effective January 2025, adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-17401.

(13) Each local enforcement agency responsible for milestone inspections shall provide the department annual milestone inspection information pursuant to s.553.899(13), F.S., by submitting DBPR BCAIB 14, Annual Milestone Inspection Report, effective July 2025, adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-18439.

History

• Rulemaking Authority 455.203, 455.213, 455.2179 FS. Law Implemented 455.213(1), 455.217(2), 455.271, 468.609, 468.613, 468.627(5), 553.899(13), 559.79 FS. History‒New 11-26-13, Amended 6-27-21, 5-2-23, 2-6-25, 10-23-25.

Fla. Admin. Code R. 61-35.010 Construction Industry Departmental Forms

The following Construction Industry Departmental forms can be obtained at www.myfloridalicense.com/dbpr/ or by mail from the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395.

(1) Registered Contractor – Persons applying to become licensed as a Registered Contractor shall use the following forms:

(a) Form DBPR CILB 2 Application for Registered Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17533.

(b) Form DBPR CILB 3 Application for Registered Contractor Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17534.

(c) Form DBPR CILB 4 Application for Registered Contractor Qualifying an Additional Business Entity Under a New License Category, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17535.

(2) Certified Contractor –

(a) Persons applying to become licensed as a General Contractor shall use the following forms:

1. Form DBPR CILB 5-A Application for Certified General Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17536.

2. Form DBPR CILB 6-A Application for Certified General Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17539.

3. Form DBPR CILB 7-A Application for Certified General Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17540.

(b) Persons applying to become licensed as a Building Contractor shall use the following forms:

1. Form DBPR CILB 5-B Application for Certified Building Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17541.

2. Form DBPR CILB 6-B Application for Certified Building Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17542.

3. Form DBPR CILB 7-B Application for Certified Building Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17543.

(c) Persons applying to become licensed as a Residential Contractor shall use the following forms:

1. Form DBPR CILB 5-C Application for Certified Residential Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17544.

2. Form DBPR CILB 6-C Application for Certified Residential Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17545.

3. Form DBPR CILB 7-C Application for Certified Residential Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17546.

(d) Persons applying to become licensed as a Sheet Metal Contractor shall use the following forms:

1. Form DBPR CILB 5-D Application for Certified Sheet Metal Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17547.

2. Form DBPR CILB 6-D Application for Certified Sheet Metal Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17548.

3. Form DBPR CILB 7-D Application for Certified Sheet Metal Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17549.

(e) Persons applying to become licensed as a Specialty Structure Contractor shall use the following forms:

1. Form DBPR CILB 5-E Application for Certified Specialty Structure Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17550.

2. Form DBPR CILB 6-E Application for Certified Specialty Structure Contractor Who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17551.

3. Form DBPR CILB 7-E Application for Certified Specialty Structure Contractor Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17634.

(f) Persons applying to become licensed as a Mechanical Contractor shall use the following forms:

1. Form DBPR CILB 5-F Application for Certified Mechanical Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17635.

2. Form DBPR CILB 6-F Application for Certified Mechanical Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17637.

3. Form DBPR CILB 7-F Application for Certified Mechanical Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17639.

(g) Persons applying to become licensed as a Class-A Air Conditioning Contractor shall use the following forms:

1. Form DBPR CILB 5-G Application for Certified Class-A Air Conditioning Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17640.

2. Form DBPR CILB 6-G Application for Certified Class-A Air Conditioning Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17642.

3. Form DBPR CILB 7-G Application for Certified Class-A Air Conditioning Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17646.

(h) Persons applying to become licensed as a Class-B Air Conditioning Contractor shall use the following forms:

1. Form DBPR CILB 5-H Application for Certified Class-B Air Conditioning Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17648.

2. Form DBPR CILB 6-H Application for Certified Class-B Air Conditioning Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17649.

3. Form DBPR CILB 7-H Application for Certified Class-B Air Conditioning Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17651.

(i) Persons applying to become licensed as a Roofing Contractor shall use the following forms:

1. Form DBPR CILB 5-I Application for Certified Roofing Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17652.

2. Form DBPR CILB 6-I Application for Certified Roofing Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17654.

3. Form DBPR CILB 7-I Application for Certified Roofing Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17655.

(j) Persons applying to become licensed as a Commercial Pool Contractor shall use the following forms:

1. Form DBPR CILB 5-J Application for Certified Commercial Pool Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17657.

2. Form DBPR CILB 6-J Application for Certified Commercial Pool Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17658.

3. Form DBPR CILB 7-J Application for Certified Commercial Pool Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17660.

(k) Persons applying to become licensed as a Residential Pool Contractor shall use the following forms:

1. Form DBPR CILB 5-K Application for Certified Residential Pool Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17661.

2. Form DBPR CILB 6-K Application for Certified Residential Pool Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17663.

3. Form DBPR CILB 7-K Application for Certified Residential Pool Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17664.

(l) Persons applying to become licensed as a Pool Servicing Contractor shall use the following forms:

1. Form DBPR CILB 5-L Application for Certified Pool Servicing Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17665.

2. Form DBPR CILB 6-L Application for Certified Pool Servicing Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17666.

3. Form DBPR CILB 7-L Application for Certified Pool Servicing Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17667.

(m) Persons applying to become licensed as a Plumbing Contractor shall use the following forms:

1. Form DBPR CILB 5-M Application for Certified Plumbing Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17668.

2. Form DBPR CILB 6-M Application for Certified Plumbing Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17669.

3. Form DBPR CILB 7-M Application for Certified Plumbing Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17670.

(n) Persons applying to become licensed as a Underground Utility and Excavation Contractor shall use the following forms:

1. Form DBPR CILB 5-N Application for Certified Underground Utility and Excavation Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17671.

2. Form DBPR CILB 6-N Application for Certified Underground Utility and Excavation Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17674.

3. Form DBPR CILB 7-N Application for Certified Underground Utility and Excavation Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17676.

(o) Persons applying to become licensed as a Solar Contractor shall use the following forms:

1. Form DBPR CILB 5-O Application for Certified Solar Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17686.

2. Form DBPR CILB 6-O Application for Certified Solar Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17687.

3. Form DBPR CILB 7-O Application for Certified Solar Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17688.

(p) Persons applying to become licensed as a Pollutant Storage System Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-P Application for Certified Pollutant Storage System Specialty Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17689.

2. Form DBPR CILB 6-P Application for Certified Pollutant Storage System Specialty Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17690.

3. Form DBPR CILB 7-P Application for Certified Pollutant Storage System Specialty Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17691.

(q) Persons applying to become licensed as a Gypsum Drywall Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-Q Application for Certified Gypsum Drywall Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17692.

2. Form DBPR CILB 6-Q Application for Certified Gypsum Drywall Specialty Contractor Who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17693.

3. Form DBPR CILB 7-Q Application for Certified Gypsum Drywall Specialty Contractor Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17694.

(r) Persons applying to become licensed as a Gas Line Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-R Application for Certified Gas Line Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17695.

2. Form DBPR CILB 6-R Application for Certified Gas Line Specialty Contractor Who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17696.

3. Form DBPR CILB 7-R Application for Certified Gas Line Specialty Contractor Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17697.

(s) Persons applying to become licensed as a Glass and Glazing Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-S Application for Certified Glass and Glazing Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17698.

2. Form DBPR CILB 6-S Application for Certified Glass and Glazing Specialty Contractor Who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17699.

3. Form DBPR CILB 7-S Application for Certified Glass and Glazing Specialty Contractor Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17700.

(t) Persons applying to become licensed as a Marine Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-T Application for Certified Marine Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17701.

2. Form DBPR CILB 6-T Application for Certified Marine Specialty Contractor Who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17702.

3. Form DBPR CILB 7-T Application for Certified Marine Specialty Contractor Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17703.

(3) Certified Swimming Pool Specialty Contractor –

(a) Persons applying to become licensed as a Swimming Pool Layout Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-U Application for Certified Swimming Pool/Spa Layout Specialty Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17704.

2. Form DBPR CILB 6-U Application for Certified Swimming Pool/Spa Layout Specialty Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17705.

3. Form DBPR CILB 7-U Application for Certified Swimming Pool/Spa Layout Specialty Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17706.

(b) Persons applying to become licensed as a Swimming Pool Structural Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-V Application for Certified Swimming Pool/Spa Structural Specialty Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17530.

2. Form DBPR CILB 6-V Application for Certified Swimming Pool/Spa Structural Specialty Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17531.

3. Form DBPR CILB 7-V Application for Certified Swimming Pool/Spa Structural Specialty Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17532.

(c) Persons applying to become licensed as a Swimming Pool Excavation Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-W Application for Certified Swimming Pool/Spa Excavation Specialty Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17537.

2. Form DBPR CILB 6-W Application for Certified Swimming Pool/Spa Excavation Specialty Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17538.

3. Form DBPR CILB 7-W Application for Certified Swimming Pool/Spa Excavation Specialty Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17553.

(d) Persons applying to become licensed as a Swimming Pool Trim Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-X Application for Certified Swimming Pool/Spa Trim Specialty Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://flrules.org/Gateway/reference.asp?No=Ref-17554.

2. Form DBPR CILB 6-X Application for Certified Swimming Pool/Spa Trim Specialty Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17555.

3. Form DBPR CILB 7-X Application for Certified Swimming Pool/Spa Trim Specialty Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17556.

(e) Persons applying to become licensed as a Swimming Pool Decking Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-Y Application for Certified Swimming Pool/Spa Decking Specialty Contractor as an Individual, effective July 2024, adopted herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17557.

2. Form DBPR CILB 6-Y Application for Certified Swimming Pool/Spa Decking Specialty Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17558.

3. Form DBPR CILB 7-Y Application for Certified Swimming Pool/Spa Decking Specialty Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17559.

(f) Persons applying to become licensed as a Swimming Pool Piping Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-Z Application for Certified Swimming Pool/Spa Piping Specialty Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17560.

2. Form DBPR CILB 6-Z Application for Certified Swimming Pool/Spa Piping Specialty Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17561.

3. Form DBPR CILB 7-Z Application for Certified Swimming Pool/Spa Piping Specialty Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17562.

(g) Persons applying to become licensed as a Swimming Pool Finishes Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AA Application for Certified Swimming Pool/Spa Finishes Specialty Contractor as an Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17563.

2. Form DBPR CILB 6-AA Application for Certified Swimming Pool/Spa Finishes Specialty Contractor Who is Qualifying a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17564.

3. Form DBPR CILB 7-AA Application for Certified Swimming Pool/Spa Finishes Specialty Contractor Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17565.

(h) Persons applying to become licensed as a Tower Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AB Application for Certified Tower Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17567.

2. Form DBPR CILB 6-AB Application for Certified Tower Specialty Contractor Who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17568.

3. Form DBPR CILB 7-AB Application for Certified Tower Specialty Contractor Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17569.

(i) Persons applying to become licensed as a Irrigation Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AC Application for Certified Irrigation Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17570.

2. Form DBPR CILB 6-AC Application for Certified Irrigation Specialty Contractor Who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17571.

3. Form DBPR CILB 7-AC Application for Certified Irrigation Specialty Contractor Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17572.

(j) Persons applying to become licensed as a Building Demolition Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AD Application for Certified Building Demolition Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17573.

2. Form DBPR CILB 6-AD Application for Certified Building Demolition Specialty Contractor Who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17574.

3. Form DBPR CILB 7-AD Application for Certified Building Demolition Specialty Contractor Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17575.

(k) Persons applying to become licensed as a Certified Residential Pool Servicing Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AE Application for Certified Residential Swimming Pool/Spa Servicing Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17576.

2. Form DBPR CILB 6-AE Application for Certified Residential Swimming Pool/Spa Servicing Specialty Contractor Who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17577.

3. Form DBPR CILB 7-AE Application for Certified Residential Swimming Pool/Spa Servicing Specialty Contractor Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17579.

(l) Persons applying to become licensed as a Certified Industrial Facility Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AF Application for Certified Industrial Facilities Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17580.

2. Form DBPR CILB 6-AF Application for Certified Industrial Facilities Specialty Contractor Who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17584.

3. Form DBPR CILB 7-AF Application for Certified Industrial Facilities Specialty Contractor Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17585.

(m) Persons applying to become licensed as a Certified Rooftop Solar Heating Installation Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AG Application for Certified Rooftop Solar Heating Installation Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17586.

2. Form DBPR CILB 6-AG Application for Certified Rooftop Solar Heating Installation Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17588.

3. Form DBPR CILB 7-AG Application for Certified Rooftop Solar Heating Installation Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17590.

(n) Persons applying to become licensed as a Certified Structural Aluminum or Screen Enclosure Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AH Application for Certified Structural Aluminum or Screen Enclosure Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17591.

2. Form DBPR CILB 6-AH Application for Certified Structural Aluminum or Screen Enclosure Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17593.

3. Form DBPR CILB 7-AH Application for Certified Structural Aluminum or Screen Enclosure Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17594.

(o) Persons applying to become licensed as a Certified Marine Seawall Work Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AI Application for Certified Marine Seawall Work Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17596.

2. Form DBPR CILB 6-AI Application for Certified Marine Seawall Work Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17597.

3. Form DBPR CILB 7-AI Application for Certified Marine Seawall Work Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17599.

(p) Persons applying to become licensed as a Certified Marine Bulkhead Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AJ Application for Certified Marine Bulkhead Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17600.

2. Form DBPR CILB 6-AJ Application for Certified Marine Bulkhead Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17602.

3. Form DBPR CILB 7-AJ Application for Certified Marine Bulkhead Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17603.

(q) Persons applying to become licensed as a Certified Marine Dock Work Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AK Application for Certified Marine Dock Work Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17605.

2. Form DBPR CILB 6-AK Application for Certified Marine Dock Work Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17606.

3. Form DBPR CILB 7-AK Application for Certified Marine Dock Work Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17608.

(r) Persons applying to become licensed as a Certified Marine Pile Driving Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AL Application for Certified Marine Pile Driving Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17609.

2. Form DBPR CILB 6-AL Application for Certified Marine Pile Driving Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17611.

3. Form DBPR CILB 7-AL Application for Certified Marine Pile Driving Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17612.

(s) Persons applying to become licensed as a Certified Structural Masonry Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AM Application for Certified Structural Masonry Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17614.

2. Form DBPR CILB 6-AM Application for Certified Structural Masonry Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17620.

3. Form DBPR CILB 7-AM Application for Certified Structural Masonry Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17622.

(t) Persons applying to become licensed as a Certified Structural Pre-Stressed, Precast Concrete Work Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AN Application for Certified Structural Pre-Stressed, Precast Concrete Work Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17625.

2. Form DBPR CILB 6-AN Application for Certified Structural Pre-Stressed, Precast Concrete Work Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17627.

3. Form DBPR CILB 7-AN Application for Certified Structural Pre-Stressed, Precast Concrete Work Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17628.

(u) Persons applying to become licensed as a Certified Structural Steel Work Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AO Application for Certified Structural Steel Work Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17630.

2. Form DBPR CILB 6-AO Application for Certified Structural Steel Work Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17631.

3. Form DBPR CILB 7-AO Application for Certified Structural Steel Work Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17633.

(v) Persons applying to become licensed as a Certified Window and Door Installation Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AP Application for Certified Window and Door Installation Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17672.

2. Form DBPR CILB 6-AP Application for Certified Window and Door Installation Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17673.

3. Form DBPR CILB 7-AP Application for Certified Window and Door Installation Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17675.

(w) Persons applying to become licensed as a Certified Garage Door Installation Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AQ Application for Certified Garage Door Installation Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17677.

2. Form DBPR CILB 6-AQ Application for Certified Garage Door Installation Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17678.

3. Form DBPR CILB 7-AQ Application for Certified Garage Door Installation Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17679.

(x) Persons applying to become licensed as a Certified Plaster and Lath Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AR Application for Certified Plaster and Lath Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17680.

2. Form DBPR CILB 6-AR Application for Certified Plaster and Lath Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17681.

3. Form DBPR CILB 7-AR Application for Certified Plaster and Lath Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17682.

(y) Persons applying to become licensed as a Certified Structural Carpentry Specialty Contractor shall use the following forms:

1. Form DBPR CILB 5-AS Application for Certified Structural Carpentry Specialty Contractor as an Individual, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17683.

2. Form DBPR CILB 6-AS Application for Certified Structural Carpentry Specialty Contractor who is Qualifying a Business, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17684.

3. Form DBPR CILB 7-AS Application for Certified Structural Carpentry Specialty Contractor who is Qualifying an Additional Business Entity, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17685.

(4) Maintain an Existing License –

(a) Persons applying to change license status to active or inactive shall use the following forms:

1. Form DBPR CILB 11 Application for Change of Status-Inactive to Active Individual, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17708.

2. Form DBPR CILB 12 Application for Change of Status-Inactive to Active and Qualify a Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17709.

3. Form DBPR CILB 13 Application for Change of Status-Inactive to Active and Qualify an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17710.

4. Form DBPR CILB 14 Application for Change of Status-Active to Inactive, effective April 10, 2012, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-01447.

(b) Persons/Entities applying to change license status, Individual-Business-Qualifying Business, shall use the following forms:

1. Form DBPR CILB 15 Application for Change of Status-Individual to Qualifying Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17711.

2. Form DBPR CILB 16 Application for Change of Status-Individual to Qualifying an Additional Business Entity, effective July 2021, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17712.

3. Form DBPR CILB 17 Application for Change of Status-From Qualifying a Business to Individual License, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17713.

4. Form DBPR CILB 18 Application for Change of Status-One Qualified Business to Another Qualified Business, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17714.

5. Form DBPR CILB 19 Application for Change of Status-One Qualified Business to Another-Qualifying an Additional Business Entity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17715.

(c) Persons applying to change names or addresses shall use the following forms:

1. Form DBPR CILB 22 Request for Address or Name Change, effective May 2021, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-13111.

2. Form DBPR CILB 23 Request for Name Change for Construction Business Entities, effective May 2021, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-13112.

(5) Additional Forms –

(a) To add, change or remove a financially responsible officer: Form DBPR CILB 8 Application for Financially Responsible Officer, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17716.

(b) To qualify an additional business entity with an existing license: Form DBPR CILB 9 Application for Qualifying an Additional Business Entity Under the Same License Category, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17717.

(c) To obtain certification by endorsement: Form DBPR CILB 10 Application for Certification by Endorsement, effective June 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17718.

(d) To obtain limited non-renewable registration: Form DBPR CILB 20 Application for Limited Non-Renewable Registration, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17719.

(e) To obtain registration as a swimming pool specialty contractor practical examiner: Form DBPR CILB 21 Application for Registration as a Swimming Pool Specialty Contractor Practical Examiner, effective May 2021, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-13117.

(f) For a qualifying agent to change their status: Form DBPR CILB 24 Request for Change of Status for Qualifying Agent(s), effective May 2021, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-13118.

(g) To reinstate null and void certification or registration: Form DBPR CILB 26 Application to Reinstate Null and Void Certification or Registration, effective May 2021, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-13119.

(h) To obtain continuing education provider approval: Form DBPR CILB 27 Continuing Education Provider Approval Application, effective May 2021, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-13120.

(i) To obtain approval or renewal of a continuing education course: Form DBPR CILB 28 Continuing Education Course Approval Application, effective March 2026, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-19378.

(j) Persons applying to be licensed as a registered contractor through grandfathering shall use the following forms:

1. Form DBPR CILB 29- Application for Certification of Registered Contractor (Grandfathering) as an Individual, effective March 2026, is adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-19379.

2. Form DBPR CILB 30- Application for Certification of Registered Contractor (Grandfathering) Qualifying a Business, effective March 2026, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-19380.

3. Form DBPR CILB 31- Application for Certification of Registered Contractor (Grandfathering) Qualifying an Additional Business Entity, effective March 2026, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-19381.

(k) Persons applying to be licensed as a Certified General, Building, or Residential Contractor through reciprocity shall use the following form:

Form DBPR CILB 32- Application for Certification by Reciprocity, effective July 2024, is adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17723.

History

• Rulemaking Authority 455.203, 455.213, 455.2179 FS. Law Implemented 455.213(1), 489.105(3), 489.109, 489.111, 489.113, 489.1136, 489.114, 489.115, 489.116, 489.117, 489.118, 489.119, 489.133, 559.79 FS. History–New 8-21-12, Amended 7-12-21, 12-7-21, 3-19-25, 6-28-26.

Fla. Admin. Code R. 61-35.011 Cosmetology Departmental Forms

The following Cosmetology forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person desiring a cosmetology license based on Florida education shall submit to a completed Form DBPR COSMO 1, Application for Initial License Based on Florida Education, effective June 2023, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15391.

(2) Any person desiring a cosmetology license by exam based on current licensure in another state shall submit a completed Form DBPR COSMO 2, Application for Initial License by Exam Based on Current Licensure in Another State or Country, effective March 2025, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-17928.

(3) Any person desiring to retake the cosmetology licensure examination shall submit a completed Form DBPR COSMO 3, Application for Reexamination, effective March 2025, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-17929.

(4) Any person desiring a cosmetology registration by endorsement shall submit a completed Form DBPR COSMO 4A, Application for Registration by Endorsement, effective June 2023, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15392.

(5) Any person desiring a cosmetology license by endorsement shall submit a completed Form DBPR COSMO 4B, Application for Initial License by Endorsement, effective June 2023, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15393.

(6) Any person or organization desiring a salon license shall submit a completed Form DBPR COSMO 6, Application for Salon Licensure, effective January 2020, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11514.

(7) Any person desiring a cosmetology license or registration from null and void shall submit a completed Form DBPR COSMO 7, Application for License/Registration from Null and Void (Expired License/Registration), effective March 2021, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12743.

(8) Any person or organization desiring to register an initial HIV/AIDS course shall submit a completed Form DBPR COSMO 8, Application for Registration of Initial HIV/AIDS Course, effective March 2021, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-12744.

(9) Any person or organization desiring renewal or approval of a cosmetology continuing education course shall submit a completed Form DBPR COSMO 9, Application for Continuing Education Course Approval or Renewal, effective January 2020, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11516.

(10) Any person or organization desiring to be a cosmetology continuing education provider shall submit to the Department a completed Form DBPR COSMO 10, Application for Continuing Education Provider Approval, effective May 29, 2012, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-01292.

(11) Any person desiring to change the status of his or her cosmetology license shall submit a completed Form DBPR COSMO 11, Individual Change of Status Transactions, effective May 29, 2012, adopted and incorporated by reference, and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-01293.

(12) Any person or organization desiring to change the status of their cosmetology salon license shall submit a completed Form DBPR COSMO 12, Salon Change of Status Transactions, effective January 2020, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-11517.

(13) Any person desiring a limited cosmetologist license based upon graduating from the Cosmetology Division of the Florida School for the Deaf and Blind shall submit a completed Form DBPR COSMO 13, Application for Limited Cosmetologist License for Graduates from the Cosmetology Division of the Florida School for the Deaf and the Blind, effective March 2025, adopted and incorporated by reference, and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-17930.

History

• Rulemaking Authority 455.203, 455.213, 455.2179, 455.219(5), 477.0213 FS. Law Implemented 455.213, 455.217, 455.2179, 455.219, 455.2228, 455.271, 477.0132, 477.014, 477.019, 477.0201, 477.0212, 477.022, 477.025, 477.026, 477.0263, 559.79, 477.0213 FS. History–New 6-14-12, Amended 12-24-18, 3-10-20, 4-1-21, 1-31-23, 7-26-23, 4-29-25.

Fla. Admin. Code R. 61-35.012 Electrical Contractors’ Departmental Forms

The following Electrical Contractors’ Departmental forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person applying to become a certified electrical, alarm or electrical specialty contractor based on examination, shall submit a completed Form DBPR ECLB 1, Application for Initial Certification by Examination, effective June 2022, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14413.

(2) Any person applying to become a certified electrical, alarm or electrical specialty contractor based on exam in another state, shall submit a completed Form DBPR ECLB 2, Application for Certification by Endorsement, effective July 2021, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13812.

(3) Any registered electrical, alarm system or specialty contractor applying for an initial registered license, transfer a registered license to a new business, qualify an additional business, add a county or reactivate an inactive license shall submit a completed Form DBPR ECLB 3, Application for Registered Electrical, Alarm System or Specialty Contractor Transactions, effective July 2021, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13813.

(4) Any certified contractor applying to transfer a license to a new business, qualify an additional business or reactivate an inactive license shall submit a completed Form DBPR ECLB 4, Certified Contractor Application for Transfer, Additional Business or Reactivation, effective July 2021, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13814.

(5) Any person or organization desiring to change the designation of primary and secondary qualifying agents shall submit a completed Form DBPR ECLB 5, Designation of Primary and Secondary Qualifying Agents, effective April, 2013, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-02736.

(6) Any electrical contractor applying to change the status of their license, transfer an additional business to primary license or change business name shall submit a completed Form DBPR ECLB 6, Electrical Contractor Change of Status Transactions, effective July 2021, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13815.

(7) Any contractor requesting to change their address or personal name shall submit a completed Form DBPR ECLB 7, Request for Address or Personal Name Change, effective April 2021, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12852.

(8) Any person applying to take the Certified Electrical Contractor Examination shall submit a completed Form DBPR ECLB 8, Certified Electrical Contractor Exam Application, effective September 2022, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14947.

(9) Any person applying to re-take the Certified Electrical Contractor Examination shall submit a completed Form DBPR ECLB 9, Certified Electrical Contractor Retake Exam Application, effective September 2022, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14948.

(10) Any person applying to reinstate a certified or registered electrical, alarm or electrical specialty contractor license that in null and void status shall submit a completed Form DBPR ECLB 10, Application to Reinstate Null and Void Certification or Registration, effective July 2021, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13818.

(11) Any person or organization applying to provide continuing education shall submit a completed Form DBPR ECLB 11, Continuing Education Provider Approval Application, effective July 2021, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13819.

(12) Any person or organization requesting continuing education course approval shall submit a completed Form DBPR ECLB 12, Education Course Approval Application, effective March 2026, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-19382.

(13) Any registered contractor requesting to have their license “grandfathered” into a certified license pursuant to Section 489.514, F.S., shall submit a completed Form DBPR ECLB 13, Application for Certification of Registered Electrical, Alarm or Specialty Contractor By Grandfathering, effective July 2023, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-16857.

(14) Any person applying to become a Certified electrical, alarm, or electrical specialty contractor based on having held a similar license in another state or territory for at least 10 years, shall submit a completed Form DBPR ECLB 14, Application for Certification by Endorsement- 10 year provision, effective July 2021, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13930.

(15) Any honorably discharged veteran applying to become a certified electrical, alarm or electrical specialty contractor based on examination, shall submit a completed Form DBPR ECLB 1-A, Application for Initial Certification by Examination for Military Veterans, effective June 2022, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14414.

(16) Any veteran applying to become a certified electrical, alarm or electrical specialty contractor based on exam in another state, shall submit a completed Form DBPR ECLB 2-A, Application for Certification by Endorsement for Military Veterans, effective July 2021, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13823.

History

• Rulemaking Authority 455.203, 455.213, 455.2179, 489.509 FS. Law Implemented 455.213(1), 455.271(6), 489.509, 489.511, 489.513, 489.514, 489.5161, 489.517, 489.519, 489.521, 489.522, 559.79 FS. History–New 6-17-13, Amended 2-3-20, 5-13-21, 12-20-21, 8-4-22, 1-24-23, 8-27-24, 6-28-26.

Fla. Admin. Code R. 61-35.013 Employee Leasing Companies Departmental Forms

The following Employee Leasing Companies Departmental forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Departmental of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person desiring to apply for licensure as an Employee Leasing Company Controlling Person, shall submit a completed Form DBPR ELC 1, Application for Licensure as an Employee Leasing Company Controlling Person, effective July 2024, adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-17148.

(2) Any company desiring to apply for licensure as an Employee Leasing Company, shall submit a completed Form DBPR ELC 2, Application for Licensure as an Employee Leasing Company, effective February 2020, adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11545.

(3) Any person/company desiring to apply for licensure as an Employee Leasing Company Group, shall submit a completed Form DBPR ELC 3, Application for Licensure as an Employee Leasing Company Group, effective August 2013, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-03291.

(4) Any company desiring to apply for registration as a Deminimus Employee Leasing Company, shall submit a completed Form DBPR ELC 4, Application for Registration as a Deminimus Employee Leasing Company, effective February 2020, adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11546.

(5) Any person/company desiring to apply for registration as a Deminimus Employee Leasing Company Group, shall submit a completed Form DBPR ELC 5, Application for Registration as a Deminimus Employee Leasing Company Group, effective February 2020, adopted and incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11547.

(6) Any person/company desiring to apply for a change of ownership (Asset Purchase), shall submit a completed Form DBPR ELC 6, Application for Certificate of Approval for/Notification of Change of Ownership (Asset Purchase), effective August 2018, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-09870.

(7) Any person/company desiring to apply for a change of ownership (Stock Purchase), shall submit a completed Form DBPR ELC 7, Application for Certificate of Approval for/Notification of Change of Ownership (Stock Purchase), effective August 2018, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-09871.

(8) Any person/company desiring to request a duplicate/updated license, company or controlling person name change, or change of personal or business address, shall submit a completed Form DBPR ELC 8, Request for Address or Name Change, effective August 2018, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-09872.

History

• Rulemaking Authority 455.203, 455.213, 455.2135, 455.2179 FS. Law Implemented 455.2135, 468.524(1), 468.525(1), (3), 468.526(1), (2), (3), 468.527(1), 468.5275(1), (2), 559.79 FS. History–New 11-13-13, Amended 10-2-18, 3-10-20, 11-20-24.

Fla. Admin. Code R. 61-35.017 Landscape Architecture Departmental Forms

The following Landscape Architecture forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person desiring to apply for an examination or re-examination and licensure shall submit a completed Form DBPR LA 1, Application for Licensure: Examination or Re-Examination, effective November 2022, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-14945.

(2) Any person desiring to apply for licensure by endorsement shall submit a completed Form DBPR LA 3, Application for Licensure: Endorsement, effective November 2022, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-14946.

(3) Any person desiring a certificate of temporary registration shall submit a completed Form DBPR LA 4, Application for Temporary Registration, effective April 2021, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12907.

(4) Any person desiring to reinstate a null and void license shall submit a completed Form DBPR LA 5, Application for Individual Licensure: Reinstate Null and Void License, effective July 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-01877.

(5) Any person desiring to provide practical experience shall submit a completed Form DBPR LA 6, Practical Experience Verification Form, effective July 2012, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-01878.

(6) Any person desiring make changes to an existing license shall submit a completed Form DBPR LA 7, Maintenance Form/Status Change, effective November 2021, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-13918.

(7) Any person or organization desiring continuing education provider approval shall submit a completed Form DBPR LA BET 1, Provider Approval Application, effective June 2014, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-05961.

(8) Any person or organization desiring continuing education course approval shall submit a completed Form DBPR LA BET 2, Course Approval Application, effective March 2026, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-19383.

(9) Any person licensed as a Registered Landscape Architect desiring to qualify a new business, shall submit a completed Form DBPR LA 8, Application for Qualification of a Business Entity, effective April 2021, adopted and incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-12909.

History

• Rulemaking Authority 455.203, 455.213, 455.2179 FS. Law Implemented 455.217, 455.2179, 455.271, 481.309, 481.310, 481.311, 481.313, 481.317, 481.319 FS. History–New 11-19-12, Amended 10-25-15, 4-27-21, 12-20-21, 1-24-23, 6-28-26.

Fla. Admin. Code R. 61-35.018 Harbor Pilots Departmental Forms

The following Harbor Pilots Departmental forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person applying to take the State Pilot License, Deputy Pilot Certification, Cross-Licensed Deputy Pilot Certification by Examination shall submit a completed Form DBPR BOPC 1, Application for Harbor Pilot Examination, effective November 2022, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-14848.

(2) Any licensee requesting to change their address or personal name, or request for renewal shall submit a completed Form DBPR BOPC 2, Maintenance Form, effective November 2022, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-14849.

(3) Any licensed state pilot or certificated deputy pilot who is involved in a collision, grounding, stranding, or other marine peril shall submit a completed form DBPR BOPC 3, Marine Incident Report, effective August 2023, adopted and incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-15808.

History

• Rulemaking Authority 455.203, 455.213, 455.217, 310.091, 310.102, 310.111 FS. Law Implemented 310.071, 310.073, 310.075, 310.121, 310.091, 310.102, 310.111, 559.79 FS. History–New 12-5-22, Amended 9-17-23.

Fla. Admin. Code R. 61-35.020 Community Association Management Departmental Forms

The following Community Association Management forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person desiring licensure as a Community Association Manager by examination shall submit a completed Form DBPR CAM 1, Application for Community Association Manager Examination, effective November 2022, adopted and incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-14950.

(2) Any person desiring licensure as a Community Association Manager by endorsement shall submit a completed Form DBPR CAM 1-A, Application for License by Endorsement, effective July 2024, adopted and incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-17465.

(3) Any person or organization desiring licensure as a Community Association Manager Firm shall submit a completed Form DBPR CAM 2, Application for Community Association Management Firm License, effective May, 2015, adopted and incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-05483.

(4) Any person desiring reexamination of his or her Community Association Manager exam shall submit a completed Form DBPR CAM 3, Re-Examination for Licensure as a Community Association Manager, effective November 2022, adopted and incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-14951.

(5) Any person desiring to change the status of his or her Community Association Manager license shall submit a completed Form DBPR CAM 4, Community Association Manager Change of Status Application, effective January 2020, adopted and incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-11523.

(6) Any person desiring licensure as a Community Association Manager from null and void status shall submit a completed Form DBPR CAM 5, Application to Reinstate Null and Void License, effective January 2020, adopted and incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-11524.

(7) Any person desiring to change their name or address, or to request a duplicate license, shall submit a completed Form DBPR CAM 6, Request for Personal Address or Name Change, effective January 2020, adopted and incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-11525.

(8) Any person or organization desiring approval or renewal of a Community Association Management continuing education course shall submit a completed Form DBPR CAM 7, Application for Continuing Education Course Approval or Renewal, effective September 2024, adopted and incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-17149.

(9) Any person or organization desiring approval or renewal as a Community Association Management continuing education provider shall submit a completed Form DBPR CAM 8, Application for Continuing Education Provider Approval or Renewal, effective December, 2014, adopted and incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-05489.

(10) Any person or organization desiring approval as a Community Association Management pre-licensure education provider shall submit a completed Form DBPR CAM 9, Application for Pre-Licensure Provider Approval, effective September 2024, adopted and incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-17150.

(11) Any person or organization desiring to change the name or address of their Community Association Management firm, change the designated Community Association Manager or employee(s) associated with their Community Association Management firm license, or to request closure of a Community Association Management firm, shall submit a completed Form DBPR CAM 10, Community Association Management Firm Maintenance Form, effective January 2020, adopted and incorporated by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-11528.

History

• Rulemaking Authority 455.2035, 455.213(1), 468.433(2)(d) FS. Law Implemented 455.2122, 455.213(1), 455.2135, 455.217, 455.2178, 455.2179, 455.219, 455.271, 455.275, 468.432, 468.333, 468.4336, 468.4337, 468.4338, 559.79 FS. History–New 7-20-15, Amended 3-10-20, 1-24-23, 11-20-24, 2-11-25.

Fla. Admin. Code R. 61-35.025 Board of Veterinary Medicine Departmental Forms

The following Veterinary Medicine forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person desiring to apply for an examination or re-examination and licensure, shall submit a completed Form DBPR VM 1, Application for Licensure: Examination or Re-Examination, effective October 2022, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14969.

(2) Any person desiring to apply for registration of a Veterinary Premise, shall submit a completed Form DBPR VM 2, Application for registration of a Veterinary Premise, effective November 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12382.

(3) Any person desiring to apply for licensure of a Limited-Service Veterinary Medical Practice Permit, shall submit a completed Form DBPR VM 3, Application for Licensure: Limited-Service Veterinary Medical Practice Permit, effective November 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12383.

(4) Any person desiring to apply for a Limited-Service Veterinary Medical Practice Clinic Registration, shall submit a completed Form DBPR VM 4, Application for Licensure: Limited-Service Veterinary Medical Practice Clinic Registration, effective November 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12384.

(5) Any person desiring to apply for a Limited-Service Veterinary Medical Practice Clinic Updates, shall submit a completed Form DBPR VM 5, Application for Limited-Service Veterinary Medical Practice Clinic Updates, effective November 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12385.

(6) Any person desiring to reinstate a null and void license, shall submit a completed Form DBPR VM 6, Application for Individual Licensure: Reinstate Null and Void License, effective November 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12386.

(7) Any person or organization desiring continuing education provider approval, shall submit a completed Form DBPR VM 7, Continuing Education Provider Application, effective November 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12387.

(8) Any person or organization desiring continuing education course approval, shall submit a completed Form DBPR VM8, Course Approval Application, effective March 2026, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-19384.

(9) Any person requesting to change their address or personal name, shall submit a completed Form DBPR VM9, Request for Address or Name Change, effective November 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12389.

(10) Any person desiring to apply for licensure, shall submit a completed Form DBPR VM10, Authorization for Interstate Exchange of Examination and Licensure Information, effective November 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12390.

(11) Any person applying to change the status of their license, shall submit a completed Form DBPR VM11, Change of Status Application, effective May 2023, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15990.

(12) Any person applying to update the premise/clinic name information, shall submit a completed Form DBPR VM12, Veterinary Premise/Clinic Name Change Application, effective November 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12392.

(13) Any premise/clinic applying to update the responsible veterinarian for that veterinary premise/clinic, shall submit a completed Form DBPR VM13, Change of Responsible Veterinarian Application, effective November 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12393.

(14) Any person applying for issuance of a temporary license as a veterinarian, shall submit a completed Form DBPR VM14, Application for Veterinarian Temporary License, effective November 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12394.

History

• Rulemaking Authority 455.203, 455.213, 455.2179, 455.271 FS. Law Implemented 455.2179, 455.271, 474.206, 474.2125, 474.215, 474.217, 559.79 FS. History–New 12-7-20, Amended 8-11-21, 1-31-23, 12-5-23, 6-28-26.

Fla. Admin. Code R. 61-35.026 Florida Real Estate Appraisal Departmental Forms

The following Florida Real Estate Appraisal forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395.

(1) Appraisal Management Companies –

(a) Persons applying to register an Appraisal Management Company shall use Form DBPR FREAB 1, Application for Registering an Appraisal Management Company, effective April 2012, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01978.

(b) Persons requesting to renew, close, change the address or name, or request a duplicate license shall submit to the Department a completed Form DBPR FREAB 2, Appraisal Management Company – Maintenance, effective April 2012, adopted and incorporated by reference at:http://www.flrules.org/Gateway/reference.asp?No=Ref-01979.

(c) Persons applying to add or remove an officer, director, general partner, manager, managing member, owner, or individuals who, directly or indirectly, owns or controls 10 percent or more of an ownership interest in the appraisal management company shall use Form DBPR FREAB 3, Appraisal Management Company – Amendment, effective April 2012, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01980.

(2) Appaisers –

(a) Persons applying to become licensed as a Residential or General Appraiser shall use Form DBPR FREAB 10, Application for Initial Certification for Residential or General Appraiser, effective April 2012, is adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01982.

(b) Persons applying to become registered as a Trainee Appraiser shall use Form DBPR FREAB 11, Application for Appraiser Trainee Registration, effective April 2012, is adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01984.

(c) Persons applying to become licensed as a Residential or General Appraiser and are currently licensed to practice real estate appraisal in another state shall use Form DBPR FREAB 12, Application for Out-of-State Certified Appraiser by Mutual Recognition, effective April 2012, is adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01985.

(d) Persons applying for a non-resident temporary practice permit shall use Form DBPR FREAB 13, Application for Non-resident Temporary Practice Permit, effective July 2013, is adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-03051.

(e) Persons requesting supervisory appraiser designation or termination shall use Form DBPR FREAB 14, Supervisor Designation/Termination Form, effective April 2012, is adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01987.

(f) Persons requesting a duplicate or address/name change of their appraiser license shall use Form DBPR FREAB 15, Appraiser License Maintenance Form, effective April 2012, is adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01988.

(g) Persons requesting a change of status of their appraiser license shall use Form DBPR FREAB 16, Appraiser Change of Status Form, effective April 2012, is adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01989.

(h) Persons applying to register or remove an additional business location shall use Form DBPR FREAB 17, Business/Firm Registration or Change Form, effective April 2012, is adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01990.

(i) Persons requesting to change a business location name or business location address shall use Form DBPR FREAB 18, Change Business/Firm Information Form, effective April 2012, is adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01991.

(j) Persons applying to become licensed as a Appraiser Instructor shall use Form DBPR FREAB 19, effective April 2012, is adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01992.

History

• Rulemaking Authority 455.2035, 455.213 FS. Law Implemented 455.213, 455.275, 475.615, 475.6221, 475.623, 475.6235 475.630 FS. History–New 12-23-12, Amended 9-25-13.

Fla. Admin. Code R. 61-35.027 Real Estate Forms

The following forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Persons applying for a Sales Associate license shall use Form DBPR RE 1, Application for Sales Associate License, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08575.

(2) Persons applying for a Broker license shall use Form DBPR RE 2, Application for Broker License, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08576.

(3) Persons applying for Real Estate Instructor permit shall use Form DBPR RE 3, Application for Real Estate Instructor Permit, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08577.

(4) Persons applying for a school permit shall use Form DBPR RE 5, Application for School Permit, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08578.

(5) Persons applying to change the status of their real estate school license shall use Form DBPR RE 6, Real Estate School Change of Status Transactions, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08579.

(6) Persons applying for a real estate company license shall use Form DBPR RE 7, Application for Real Estate Company, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08580.

(7) Persons applying to open or close a license for a branch office shall use Form DBPR RE 8, Application for Branch Office, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08581.

(8) Persons applying to open or close a license for an additional school location shall use Form DBPR RE 9, Application for Additional School Location, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08582.

(9) Persons requesting a demographic change for real estate individuals shall use Form DBPR RE 10, Demographic Changes for Real Estate Individuals, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08583.

(10) Persons applying for change of status for Sales and Broker Sales Associates shall use Form DBPR RE 11, Change of Status for Sales Associates and Broker Sales Associates, effective April 2012, adopted and incorporated by reference, and available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02006.

(11) Persons requesting real estate company/sole proprietor transactions shall use Form DBPR RE 12, Real Estate Company/Sole Proprietor Transactions, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08584.

(12) Persons requesting broker transactions shall use Form DBPR RE 13, Broker (BK) Transactions, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08585.

(13) Persons requesting multiple permits for an instructor shall use Form DBPR RE 14, Multiple Permit Request for Instructor, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08586.

(14) Persons applying to downgrade a Broker license to a Sales Associate license shall use Form DBPR RE 15, Revert Broker License to Sales Associate License, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08587.

(15) Persons requesting Sales Associate or Broker Sales Associate transactions shall use Form DBPR RE 16, Sales Associate/Broker Sales Associate (SL/BL) Miscellaneous Transactions, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08588.

(16) Persons requesting to register a broker on a temporary, emergency basis shall use Form DBPR RE 17, Registration for Temporary Qualifying Broker, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08589.

(17) Any person or organization requesting continuing education course approval shall use Form DBPR RE 18, Continuing Education Course Approval Application, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08590.

(18) Any person or organization applying to provide continuing education shall use Form DBPR RE 19, Continuing Education Provider Approval Application, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08591.

(19) Persons requesting to instruct continuing education courses shall use Form DBPR RE 20, Request for Instructor Evaluation, effective September 2017, adopted and incorporated by reference, and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-08592.

History

• Rulemaking Authority 20.165(8), 455.203, 455.213, 455.2179, 475.15 FS Law Implemented 455.271, 455.2179, 475.15, 475.161, 475.17, 475.175, 475.180, 475.181, 475.182, 475.183, 475.215, 475.23, 475.24, 475.451, 559.79 FS. History–New 12-23-12, Amended 10-30-17.

Fla. Admin. Code R. 61-35.021 Professional Geologist Departmental Forms

The following Professional Geologist forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any person desiring to apply for licensure as a Professional Geologists, shall submit a completed Form DBPR PG 4701, Application for Licensure, effective January 2022, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13992.

(2) Any person desiring to apply for registration of qualifying geologist shall submit a completed Form DBPR PG 4702, Registration of Geology Business, effective January 2022, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-13993.

(3) Any person desiring to apply for reexamination for Professional Geologist, shall submit a completed Form DBPR PG 4703, Application for Reexamination for Professional Geologist, effective January 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12497.

(4) Any person desiring to make changes to an existing license, shall submit a completed Form DBPR PG 4704, Maintenance Form/ Status Change, effective January 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12498.

(5) Any person desiring to reinstate a null and void license shall submit a completed Form DBPR PG 4705, Application for Licensure from Null and Void, effective January 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12499.

(6) Any person desiring to register as a Geologist in Training shall submit a completed Form DBPR PG 4706, Application for Geologist in Training, effective January 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12500.

(7) Any person desiring to apply for reexamination of Geologist in Training, shall submit a completed Form DBPR PG 4707, Application for Reexamination for Geologist in Training, effective January 2020, adopted and incorporated by reference at: http://www.flrules.org/Gateway/reference.asp?No=Ref-12501.

History

• Rulemaking Authority 455.203, 455.213, 455.271, 492.104, 492.105, 492.106, 492.108, 492.111 FS. Law Implemented 492.104, 492.105, 492.1051, 492.106, 492.108, 492.111, 492.1101, 455.213, 455.217, 455.271, 559.79 FS, History‒New 2-16-21, Amended 3-7-22.

Fla. Admin. Code R. 61-35.029 DBPR Departmental Forms

The following forms can be obtained at www.myfloridalicense.com/dbpr/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, FL 32399-0790, (850)487-1395:

(1) Any veteran returning from service after an honorable discharge, or the spouse of a veteran at time of honorable discharge, wishing to obtain a waiver of fees as set forth in Section 455.213(13), F.S., any person who is or was an active duty member of the Armed Forces of the United States, or who is a spouse or surviving spouse of such member, wishing to obtain a waiver of licensing fees as set forth in Section 455.219(7), F.S., or any military veteran requesting recognition of prior service for purposes of licensure pursuant to Section 489.1131 or 489.5161, F.S., shall submit, along with their application for licensure, a completed Form DBPR MVL 002, Military Member/Veteran/Spouse Fee Waiver and Military Service Verification, effective April 2019, incorporated herein by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-10499.

(2) Any person who is or was an active duty member of the Armed Forces of the United States, or who is a spouse or surviving spouse of such member in accordance with the provisions under Section 455.02(3)(a)1., F.S., desiring an initial professional license shall submit a completed Form DBPR MVL 003, Initial Military/Veteran Application for Professional Licensure, effective July 2024, incorporated herein by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-17321.

(3) Pursuant to Section 455.219(7)(a), F.S., the department, or a board thereunder, shall waive the initial licensing fee for a low-income individual. As defined in that section, a “low-income individual” is a person whose household income, before taxes, is at or below one hundred thirty percent (130%) of the federal poverty guidelines prescribed for the family’s household size by the United States Department of Health and Human Services. The 2026 federal poverty guidelines, published on January 15, 2026, in 91 Federal Register 1797, are hereby incorporated by reference and may be obtained from https://www.federalregister.gov/documents/2026/01/15/2026-00755/annual-update-of-the-hhs-poverty-guidelines or at: https://www.flrules.org/Gateway/reference.asp?No=Ref-19570. Any person claiming waiver of an initial professional licensing fee based upon low-income status pursuant to Section 455.219(7)(a), F.S., shall submit, along with their application for licensure, a completed Form DBPR LI 001, Application for Low Income Waiver of Licensing Fee, effective April 2019, incorporated herein by reference and available at: https://www.flrules.org/Gateway/reference.asp?No=Ref-10501.

(4) Any person who is an active duty member of the Armed Forces of the United States, or who is a spouse of such member, who has relocated to Florida due to military orders, who wishes to qualify for Professional License Portability in Florida under the Servicemember Civil Relief Act (SCRA) pursuant to 50 U.S.C. 4025(a), shall submit a completed Form DBPR SCRA 1, Application for Professional Licensure under the Servicemember Civil Relief Act, effective July 2024, incorporated herein by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-17322.

History

• Rulemaking Authority 20.05, 20.165(8), 455.203(5), 455.213(1), 455.2035 FS. Law Implemented 455.02, 455.213, 455.219, 559.79, 489.113(1), 489.1131, 489.5161 FS. History–New 6-24-19, Amended 7-16-20, 7-13-21, 7-4-22, 12-21-22, 6-26-23, 6-23-24, 12-26-24, 5-11-25, 7-7-26.

Chapter 61-36 LICENSURE APPLICATIONS

Fla. Admin. Code R. 61-36.001 Department Closure or Termination of Deficient Applications

Upon determination that two (2) years have elapsed since the department notified an applicant of a deficiency in the application and that the applicant has failed to cure the deficiency, the department shall close the review and terminate the application as deficient pursuant to Section 455.203(10), F.S. The determination regarding the two (2) year lapse in time shall be based on documentation that the department notified the applicant of the deficiency in accordance with Section 120.60, F.S. This rule does not apply to applications for licensure submitted to the Division of Real Estate pursuant to Chapter 475, Part II, F.S.

History

• Rulemaking Authority 455.203(5), (6), 455.2035 FS. Law Implemented 455.203(10)(a) FS. History–New 12-19-10.

Fla. Admin. Code R. 61-36.002 Department Approval of Applications Meeting Statutory and Rule Requirements

Upon review of a non-deficient application for license, the department shall examine the application to determine if the applicant meets the qualifications for licensure set forth in the applicable licensing statutes. If the applicant meets all of the requirements for the license for which the applicant has applied, the department shall approve the application and issue the license.

History

• Rulemaking Authority 455.203(5), (6), 455.2035 FS. Law Implemented 455.203(10)(b) FS. History–New12-19-10.

Chapter 61-37 FLORIDA ENERGY CONSERVATION STANDARDS

Fla. Admin. Code R. 61-37.003 Products, Standards and Test Methods

The standards and test methods as required herein pertain to specific covered products.

(1) Refrigerators, Refrigerator-Freezers, and Freezers: Test Methods. Manufacturers of any refrigerator, refrigerator-freezer or freezer to be sold or installed in Florida that is covered by this rule shall cause the testing of one randomly selected sample of each model of covered product by a test laboratory accredited under the National Voluntary Laboratory Accreditation Program (NVLAP) or, where no laboratory accreditation program category exists under this program for a covered product, testing shall be conducted by an independent test laboratory. Testing shall be conducted according to the following test methods.

(a) Fresh food refrigerated volume, freezer refrigerated volume, and total refrigerated volume shall be determined using the standard ANSI/AHAM HRF-1-1988, which is incorporated by reference herein, and may be obtained from the American National Standards Institute, 1430 Broadway, New York, New York 10018, (212)642-4900.

(b) The energy consumption shall be determined using the test procedure for refrigerators and freezers in 10 Code of Federal Regulations (CFR) Section 430.22(a) and (b) (2000), which is incorporated by reference herein, and may be obtained from the Department of Business and Professional Regulation, Office of Codes & Standards, 2601 Blairstone Road, Tallahassee, Florida 32399-0772.

(2) Fluorescent Lamp Ballasts for Lighting Equipment: Test Methods. Manufacturers of lamp ballasts for fluorescent lighting equipment to be sold or installed in Florida that is covered by this rule shall cause the testing of samples of each model of fluorescent lamp ballast by a test laboratory accredited under the National Voluntary Laboratory Accreditation Program (NVLAP) or, where no laboratory accreditation category exists under this program for a covered product, testing shall be conducted by an independent test laboratory.

(a) Sample ballasts shall be tested to insure that the Ballast Efficacy Factor certified under the provisions of Rule 61-37.004, F.A.C., shall be no greater than the mean of the sample or the lower 97 1/2 percent confidence limit of the true mean divided by 0.95. A minimum of four ballasts of each model shall be randomly selected and tested.

(b) The power input, and relative light output shall be determined in accordance with the standard, ANSI C82.2-1984 which is incorporated by reference herein, and may be obtained from the American National Standards Institute, 1430 Broadway, New York, New York 10018, (212)642-4900.

(3) Showerheads: Test Method. Manufacturers of showerheads to be sold or installed in Florida that are covered by this rule shall cause the testing of samples of each model. Initial certification of showerheads mandated to occur by January 1, 1988, may contain testing reports developed by the manufacturers’ test laboratory and certified by the manufacturer to be true and accurate. Certifications of showerheads made after January 1, 1990, shall contain results of testing reports conducted by a test laboratory accredited under the National Voluntary Laboratory Accreditation Program (NVLAP) or, where no laboratory accreditation category exists under this program for a covered product, testing shall be conducted by an independent test laboratory. The method of testing shall be in accordance with standard ASME A112.18.1-2000, which is incorporated by reference herein, and may be obtained from the American National Standards Institute, 1430 Broadway, New York, New York 10018, (212)642-4900. Showerheads shall be tested in the assembled configuration in which they are packaged and sold. Showerheads in which a flow restricting mechanism is not mechanically retained, as defined below, when packaged and sold shall be tested with the flow restricting mechanism removed. Mechanically retained shall mean that the insert cannot be shaken out of the showerhead, but would require a force of at least eight pounds to remove the insert. All showerheads with the flow restrictors mechanically retained at the point of manufacture shall be tested with the flow restrictor mechanism in place. Showerheads with a radially drilled hole which is sealed when the flow restricting mechanism is in position, but which sprays water out of the side of the showerhead when the flow restricting mechanism is removed shall also be tested with the flow restricting mechanism in place.

History

• Rulemaking Authority 553.954, 553.961 FS. Law Implemented 553.955(8)(c), 553.957, 553.961, 553.963 FS. History–New 12-31-87, Amended 10-12-89, 12-11-00, Formerly 9B-44.003.

Fla. Admin. Code R. 61-37.004 Certification

(1) Test reports submitted with certification statements by manufacturers shall be based on testing performed not earlier than two years prior to the certification submittal. The test report shall be a copy of the report produced by the testing laboratory and shall be consistent with the presentation of information required by the test standard applicable to the covered product and for showerheads shall indicate whether they are tested with or without inserts where applicable.

Certification statements for luminaires and showerhead assemblies that contain a ballast or showerhead manufactured and certified by others shall identify both ballast or showerhead and luminaire or assembly model numbers. A list of ballasts or showerheads officially certified in Florida that will be included as part of the product must be contained in the certification package. However, no test report is required where the ballast or showerhead referenced has been certified by its manufacturer. Where a company utilizes one showerhead in a number of assemblies, one showerhead certification submittal may be made that includes a list of that company’s assembly models containing that showerhead. The certification for showerheads shall certify that the showerhead is packaged and shipped with or without removable inserts as applicable. The declaration of compliance shall be provided on Form 971-87, which is incorporated by reference herein, effective 12/31/87, and may be obtained from the Department of Business and Professional Regulation, Office of Codes & Standards, 2601 Blairstone Road, Tallahassee, Florida 32399-0772.

(2) Certification statements not complete and accurate shall be returned to the manufacturer by the Department within 45 days after receipt with a description of incomplete or inaccurate information for correction. The date a corrected certification statement is received shall begin a new 45 day response cycle.

(3) The results of all tests performed for certification shall be retained by the manufacturer for a period of three years from date of certification.

(4) Manufacturers or distributors of covered products that participate in a nationally recognized product certification program may submit Form 971-87 with all applicable information included and a copy of the program’s directory listing ratings of energy efficiency that indicate the covered product meets the minimum energy conservation standards required by Section 553.963, F.S.

History

• Rulemaking Authority 553.954 FS. Law Implemented 553.971 FS. History–New 12-31-87, Amended 10-12-89, 12-11-00, Formerly 9B-44.004.

Fla. Admin. Code R. 61-37.005 Identification

(1) Section 553.971(4), F.S., requires identifying information to appear on each product.

(2) The manufacturer shall show on the product and on the outside of the shipping carton for any covered product, and unit carton in the case of plumbing fittings, sufficient information to permit the determination of whether the appliance complies with the requirements of this rule chapter, and shall include items (a), (b) and (c) of Section 553.971(4), F.S. This information shall be readily accessible, and accessibility shall not require removal of any covering while on display or when installed. Sufficient information to determine compliance with this rule shall be determined as follows:

(a) Ballasts may be labeled with either the Ballast Efficacy Factor (BEF), or a symbol of the letter E within a circle, on the product in accordance with the requirements of P.L. 100-357, as amended, in lieu of items (b) and (c).

(b) Showerheads may be labeled with either the flow rate (the actual tested flow rate or 3 gpm) or the marking “ANSI A112.18.1M” on the product in lieu of items (b) and (c). Where the showerhead fitting is packaged with other component parts for sale, the package must also bear the assembly model number in addition to the fitting model number.

History

• Rulemaking Authority 553.954 FS. Law Implemented 553.971 FS. History–New 12-31-87, Amended 10-12-89, Formerly 9B-44.005.

Chapter 61-38 FLORIDA STANDARDS FOR RADON

Fla. Admin. Code R. 61-38.001 Florida Standard for Mitigation of Radon in Existing Buildings

History

• Rulemaking Authority s.2, ch. 88-285, s. 3, ch. 94-284, Laws of Florida. Law Implemented 553.98(1) FS. History–New 2-26-91, Amended 5-10-94, Formerly 9B-53.004, Repealed 7-25-17.

Fla. Admin. Code R. 61-38.002 Florida Standard for Passive Radon-Resistant New Residential Building Construction, Adopted

(1) The Florida Standard for Passive Radon-Resistant New Residential Building Construction, dated July 1, 1995, is herein incorporated by reference.

(2) A copy of the above referenced Standard has been filed with these regulations with the Secretary of State. The Standard is also available for reference and inspection at the Department of Business and Professional Regulation, Office of Codes and Standards, 2601 Blairstone Road, Tallahassee, Florida 32399-0790.

History

• Rulemaking Authority 553.98 FS. Law Implemented 553.98(2) FS. History–New 9-1-96, Formerly 9B-52.004.

Fla. Admin. Code R. 61-38.003 Florida Standard for Radon-Resistant New Commercial Building Construction, Adopted

(1) The Florida Standard for Radon-Resistant New Commercial Building Construction is herein incorporated by reference. The Department shall maintain the Florida Standard for Radon-Resistant New Commercial Building Construction.

(2) A copy of the above referenced Standard has been filed with these regulations with the Secretary of State. The Standard is also available for reference and inspection at the Department of Business and Professional Regulation, Office of Codes and Standards, 2601 Blairstone Road, Tallahassee, Florida 32399-0790.

History

• Rulemaking Authority 553.98 FS. Law Implemented 553.98(2) FS. History–New 2-27-96, Formerly 9B-67.004.

Chapter 61-39 FLORIDA BUILDING ENERGY RATING SYSTEM

Fla. Admin. Code R. 61-39.002 Definitions

History

• Rulemaking Authority 553.992 FS. Law Implemented 553.992, 553.995 FS. History–New 7-1-94, Amended 1-11-95, 12-27-98, 11-28-04, 7-27-10, Formerly 9B-60.002, Repealed 9-9-13.

Fla. Admin. Code R. 61-39.003 Department Activities

Rulelmaking Authority 553.992, 553.998 FS. Law Implemented 553.992, 553.996 FS. History–New 7-1-94, Amended 12-27-98, 11-28-04, 7-27-10, Formerly 9B-60.003, Repealed 9-9-13.

Fla. Admin. Code R. 61-39.004 Florida Building Energy Rating System, Adopted

History

• Rulemaking Authority 553.992 FS. Law Implemented 553.994, 553.995(1) FS. History–New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04, 7-27-10, Formerly 9B-60.004, Repealed 9-9-13.

Fla. Admin. Code R. 61-39.005 Training and Certification Program

History

• Rulemaking Authority 553.992 FS. Law Implemented 553.995(4) FS. History–New 7-1-94, Amended 10-3-94, 1-11-95, 12-27-98, 11-28-04, 7-27-10, Formerly 9B-60.005, Repealed 9-9-13.

Fla. Admin. Code R. 61-39.007 Florida Building Energy Rating System, Existing Public Buildings

History

• Rulemaking Authority 553.992 FS. Law Implemented 553.991, 553.993, 553.994, 553.995, 553.997, 553.998 FS. History–New 7-21-94, Amended 12-27-98, 7-27-10, Formerly 9B-60.007, Repealed 9-9-13.

Fla. Admin. Code R. 61-39.008 RESNET Standards, Adopted

History

• Rulemaking Authority 553.992 FS. Law Implemented 553.995(1)(c) FS. History–New 12-27-98, Amended 11-28-04, 7-27-10, Formerly 9B-60.009, Repealed 9-9-13.

Chapter 61-40 COLLECTION OF BUILDING PERMIT SURCHARGES

Fla. Admin. Code R. 61-40.003 Building Permit Surcharge Collection and Remittance

(1) Remittance of the Operating Trust Fund Surcharge Fees. All municipalities and counties that collect fees for the operating trust fund pursuant to Sections 553.721 and 468.631, F.S., shall remit and report those funds, less 10% to be retained by the collecting agency, to the Department of Business and Professional Regulation no later than 30 days after the calendar quarter. Reports shall be submitted using the Building Code Information System website located, as specifically related to surcharge collection, at www.floridabuilding.org/sc/ sc_default.aspx.

(2) Remittance of Surcharge Fees. Remittance of the assessed surcharge fees pursuant to Sections 553.721 and 468.631, F.S., shall be submitted electronically using the Building Code Information System website located, as specifically related to surcharge collection, at www.floridabuilding.org/sc/sc_default.aspx.

History

• Rulemaking Authority 455.203(5), 553.721 FS. Law Implemented 468.631, 553.721, 559.79 FS. History–New 11-19-95, Amended 8-19-09, 1-12-11, Formerly 9B-62.003, Amended 10-10-17, 3-26-20.

Chapter 61-41 MANUFACTURED BUILDINGS

Fla. Admin. Code R. 61-41.002 Definitions

For the purpose of this chapter, the following words, unless the context does not permit, shall have the meanings indicated:

(1) Department – The Florida Department of Business and Professional Regulation.

(2) Third Party Agency (Agency) – An individual or entity, which may be a private sector entity, a state department with building construction responsibilities or a local government determined by the Department to be qualified pursuant to this chapter to review plans for or inspect the construction of manufactured building units, systems, or the component parts thereof together with the plans, specifications, and quality control procedures to ensure that such units, systems, or component parts are in full compliance with the codes and standards herein adopted and to assign and attach the insignia of the Department to such units complying with those standards.

(3) Building System – The plans, specifications and documentation for a system of manufactured buildings or for a type or a system of building components, which may include structural, electrical, mechanical, plumbing and fire protection systems and other building systems affecting life safety.

(4) Building Code Information System (BCIS) at www.floridabuilding.org – the official website of the Florida Building Commission and the Florida Building Codes and Standards Office.

(5) Closed Construction – A building, component, assembly, subassembly, or system manufactured in such a manner that all portions cannot be readily inspected at the installation site without disassembly or destruction thereof.

(6) Component – Any three dimensional assembly, subassembly, or combination of elements for use as a part of a building, which may include structural, electrical, mechanical, plumbing and fire protection systems, and other building systems affecting life safety.

(7) Dealer – Any person, corporation or business engaged in leasing, selling, or both leasing and selling manufactured buildings.

(8) Equipment – All equipment, material, appliances, devices, fixtures, fittings or accessories installed in or used in the manufacture and assembly of a manufactured building.

(9) Insignia – An approved device or seal issued by the Department to indicate compliance with the provisions of this chapter. The term “insignia” includes recertification insignias.

(10) Installation – The assembly of a manufactured building component or system on site and the process of affixing a manufactured building component or system to land, a foundation, or an existing building, or service connections which are part thereof.

(11) Labeled – Shall be as defined in the Florida Building Code.

(12) Building Official – The officer or other designated authority or their duly authorized representative charged with the administration of the applicable technical codes in the subject jurisdiction. This term is synonymous with “building official” as that term is defined in Section 468.603(2), F.S.

(13) Manufacture – The process of making, modifying, fabricating, constructing, forming or assembling or reassembling a product from raw, unfinished, semifinished, or finished materials.

(14) Manufactured Building, Modular Building, or Factory-Built Building – A closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection as a finished building or as part of a finished building, which shall include but not be limited to residential, commercial, institutional, storage, and industrial structures. The term includes buildings not intended for human habitation such as lawn storage buildings and storage sheds manufactured and assembled offsite by a certified manufacturer.

(15) Manufacturer – Any person who, or entity which, has been certified to produce, modify, or produce and modify manufactured buildings for placement in the State of Florida.

(16) Model – A specific design of manufactured buildings, which is based on size, room arrangement, method of construction, location, arrangement or size of plumbing, mechanical or electrical equipment and systems therein in accordance with plans submitted to the Department.

(17) Modification – Any change to a manufactured building which affects the structural, electrical, thermal, mechanical, plumbing systems, life safety, means of egress, material flammability/flame spread or accessibility of the building to persons with disabilities in accordance with the Florida Accessibility Code for Building Construction.

(18) Occupancy Classification – The characterization of the intended purpose for which the building will be used as determined in accordance with the Florida Building Code.

(19) Open Construction – Any manufactured building, building component, assembly or system manufactured in such a manner that all parts or processes of manufacture can be readily inspected at the installation site without disassembly, damage to or destruction thereof.

(20) Quality Control Manual – A manual which contains all aspects of quality control procedures to be utilized by an entity or individual performing a function regulated hereby.

(21) Recertified Building – A manufactured building which has been previously approved by the Department and which has been subjected to the supplemental procedures provided in this chapter for subsequent approval.

(22) Residential Building – Shall be as defined in the Florida Building Code.

(23) Standard Design – Any building system, model, series or component intended for duplication or repetitive manufacture.

(24) Storage Shed – A closed construction building that is not designed for human habitation, without regard to whether the storage unit is used for residential or commercial purposes. This term does not include a building used to house communications equipment.

(25) System – The structural, plumbing, electrical, mechanical, thermal efficiency and life safety elements, materials or components of a building.

(26) Traveler – A form utilized in a manufacturing facility in conjunction with the manufacturer’s quality control program to indicate that all quality control inspections are conducted during the manufacturing process and that all inspections indicate compliance with the approved plans.

History

• Rulemaking Authority 553.37(2)(c), 553.415 FS. Law Implemented 553.37, 553.415 FS. History–New 1-17-72, Amended 2-23-75, 12-8-75, 3-1-80, 9-29-82, Formerly 61-41.02, Amended 1-1-87, 3-1-92, 3-1-95, 9-13-01, 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.002.

Fla. Admin. Code R. 61-41.003 Administration and Department Responsibilities

(1) Forms – The following forms are hereby adopted by reference for use in administering this part.

(a) FMBP 1-00 Manufacturer Application for State Approval, effective 10/1/05;

(b) FMBP 2-00 Agency Application for State Approval, effective 10/1/05;

(c) FMBP PS-1-00 School District Application, effective 10/1/05;

(d) FMBP 4-00 Agency Renewal Form, effective 10/1/05;

(2) Certification – The Department shall certify manufacturers and Agencies in accordance with this rule chapter. Certifications shall be for a period of three years from the date of initial certification. All certifications, licenses and approvals granted by the Department pursuant to rule Chapter 61-41, F.A.C., are subject to revocation for failure to adhere to rule Chapter 61-41, F.A.C., the codes and standards adopted herein, or Chapter 553, F.S. Proceedings against certifications, insignia and approvals shall be in accordance with Section 120.60, F.S.

(3) Monitoring – The Department, through its employees or its designated performance auditors, shall monitor the performance of Agencies and manufacturers. Each certified manufacturer and each certified Agency shall be subject to a performance audit at a minimum of once every three years. Unannounced visits to offices and manufacturing facilities shall be utilized unless impractical based upon the nature of the business to be monitored. Information obtained through monitoring shall remain confidential to the extent permitted by law. Agencies and manufacturers shall provide the auditor access to records, facilities and personnel as requested by the auditor. The auditor shall collect information through interviews, examination of documents and observation of activity to determine whether the manufacturer or Agency complies with the codes and standards adopted herein and this chapter. Any determination of nonconformance with any applicable provision shall be reported to the Department and the manufacturer or Agency or both the Agency and the manufacturer. The report shall identify the facts that support the finding of nonconformity and recommend corrective action. The Department shall determine the appropriate corrective action subject to the requirements of Section 120.60, F.S.

(4) Testing and Evaluations of Products – Shall be in accordance with the Florida Building Code, Chapter 61G20-3, F.A.C. or Section 553.8425, F.S.

History

• Rulemaking Authority 553.37(1), (2) FS. Law Implemented 553.37(1), (2), 553.381 FS. History–New 1-17-72, Amended 2-23-75, 3-1-80, 11-1-84, Formerly 61-41.03, Amended 1-1-87, 1-1-89, 3-1-92, 3-1-95, 9-7-00, 9-13-01, 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.003.

Fla. Admin. Code R. 61-41.004 Adoption of Model Codes

(1) Building Code – The design and fabrication of manufactured buildings and components shall comply with the requirements of the Florida Building Code as defined in Rule 61G20-1.001, F.A.C., and adopted herein by reference.

(2) Florida Fire Prevention Code – Buildings designed and manufactured by these rules shall conform to the requirements of the Florida Fire Prevention Code, referenced in Sections 633.206 and 633.208, F.S.

(3) A copy of the above referenced Florida Building Code has been filed with the Secretary of State. The Florida Building Code is also available for reference and inspection at the Department of Business and Professional Regulation, Building Codes and Standards Office or online at www.floridabuilding.org.

(4) The above shall not apply to any building exempted pursuant to Section 553.73, Part IV, F.S.

(5) Notwithstanding the above, the service connections and foundations prepared at the installation site shall be regulated by the local building official according to the Florida Building Code.

(6) Notwithstanding the foregoing provisions of this section, factory-built schools shall be subject to the following:

(a) Existing Buildings. Factory-built schools utilized as educational facilities prior to July 1, 2001, are hereby designated as existing buildings and shall comply with the requirements of Section 423, Florida Building Code.

(b) New Construction. Factory-built schools other than existing buildings shall be manufactured and installed as required by the Florida Building Code, including Section 423.

History

• Rulemaking Authority 553.37(1), 553.415, 553.73(2), 553.76(4) FS. Law Implemented 553.37(3), 553.38, 553.415, 553.73(1), (2) FS. History–New 1-17-72, Amended 6-19-74, 2-23-75, 12-21-76, 3-20-79, 3-1-80, 6-24-80, 9-29-82, 1-29-84, 11-1-84, Formerly 61-41.04, Amended 1-1-87, 1-1-89, 1-1-90, 3-1-92, 3-1-95, 9-13-01, 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.004.

Fla. Admin. Code R. 61-41.006 Certification of Agencies

(1) Individuals or entities who desire to perform plan review, inspection, or both plan review and inspection of manufactured buildings shall be certified by the department. Those inspectors and plans reviewers employed by entities to perform the delegated functions do not require individual certification as an agency to the extent that the delegated functions are performed within the scope of the individuals’ regular course of employment. Individuals or entities performing delegated functions as an independent contractor for an Agency shall be individually certified.

(2) Application – The applicant shall submit a completed application (Form FMBP 2-00) with application fee amount stated in the Schedule of Fees. The application shall contain the following information.

(a) Name, address, and phone number of the applicant. If the applicant is a corporation, the application shall identify the officers and directors of the corporation, as well as the identity of any shareholders that hold controlling ownership interest in the corporation. If the applicant is a partnership, the application shall identify each partner.

(b) Names and professional license types and numbers of all employees or contractors employed or otherwise utilized for inspections or plans review or both inspections and plans review within the State of Florida.

(c) A statement of independence which shall be signed by the individual, each of the partners of a partnership, or the chief operating officer of a corporation to be certified. The statement shall be notarized and dated within the twelve months immediately preceding its submission. The statement shall affirm that the Agency, any independent contractors utilized by the Agency and its employees are not owned, operated, or controlled by any manufacturer or dealer.

(d) An affirmation that the Agency shall comply with the Florida Manufactured Buildings Act and the rule Chapter 61-41, F.A.C.

(e) Proof of general liability insurance with minimum coverage limits of $1,000,000, which shall be renewed annually and posted on the Building Code Information System at www.floridabuilding.org.

(3) Agency’s Quality Control Manual – The applicant shall submit a quality control manual to the department with the application which shall at a minimum contain the following sections.

(a) An introduction to the agency – A brief history, types of services provided.

(b) Outline of internal quality control plan and personnel in charge of quality control. How the Agency plans to meet duties and responsibilities stated in subsection (4), below.

(c) An organizational chart showing relationship between administration, operation, and quality control responsibilities including plan reviewers and inspectors by name and title. Identify if they are employees or under contract.

(d) Personnel resumes shall be included for architects, engineers, plan reviewers, inspectors, and their supervisors. Applicable education, experience, and license number shall be indicated in the resume.

(e) Training program – Programs for required continuing education, seminars, discussions on code compliance, plan reviews, inspections, department requirements, etc.

(f) Inspection procedures – Including inspection checklists for code compliance, inspection records, correction notice, reinspection, inspection visits and scope of inspections.

(g) Procedure for control of insignia;

(h) Procedure for maintenance of approved plans and other public records in accordance with Chapter 19, F.S.

(4) Duties and Responsibilities – Upon certification, the Agency shall be entitled to conduct such plans review and inspection services for which it is qualified pursuant to these rules and shall comply with Chapter 120, F.S., and the following general duties and responsibilities.

(a) The Agency shall act faithfully on behalf of the Department implementing the laws and rules of the Manufactured Buildings Program.

(b) The primary duty and responsibility of the Agency is to assure that the buildings and components manufactured are compliant with the Florida Building Code.

(c) Upon Agency’s approval of plans, satisfactory inspection of a building, or both approval of plans and a building constructed in accordance with those plans, the approved plans, the inspection report, or the plans and inspection report shall be transmitted to the Department through the Building Code Information System.

(d) The Agency shall triennially evaluate the manufacturer’s quality control program to coincide with the change in the Florida Building Code. The Agency shall post the Quality Control (QC) Manual on the BCIS and maintain copies on file, available for monitoring.

(5) The Agency shall maintain its independence as certified until the expiration or resignation of its certification. An Agency shall not perform plans review or inspect buildings that are designed by the Agency, its employees or those of its contractors working on such review or inspection.

(6) Renewal – The Agency shall renew its certification once every three years and update the information provided in its initial application using the Building Code Information System. The Agency will be notified electronically at least 90 days prior to the expiration date of the manufacturer’s certification. If the Agency does not complete the renewal information and submit correct fees by the certification expiration date, certification becomes null and void. The Agency must meet the qualifications in effect upon the date of renewal to have its certification renewed.

History

• Rulemaking Authority 553.37(2) FS. Law Implemented 553.37(2) FS. History–New 1-17-72, Amended 2-23-75, 12-8-75, 11-14-76, 3-23-77, 3-1-80, 9-29-82, 4-21-83, 11-1-84, Formerly 61-41.06, Amended 1-1-87, 3-1-92, 3-1-95, 9-13-01, 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.006.

Fla. Admin. Code R. 61-41.007 Manufacturer Certification

(1) All individuals or entities manufacturing buildings or components for installation in Florida must be certified by the Department. In the event that a manufacturer has more than one facility producing manufactured buildings, the manufacturer shall obtain certification for each such facility individually.

(2) Initial Certification Requirements – A manufacturer must submit to the Agency for validation to the Department the following for certification:

(a) Application Package – A completed application; application fee; certificate of product liability insurance with coverage not less than $1,000,000, which shall be renewed and posted on the Building Code Information System at www.floridabuilding.org annually; and a copy of a contract with a certified Agency for plan review and inspection services.

(b) Identification of principals which shall at a minimum include the positions of partners if the manufacturer is a partnership or its officers, directors, controlling owners and registered agent if the manufacturer is a corporation.

(c) Description of manufacturing facility including, at a minimum, the size of shed(s) for weather protection of building materials and buildings under construction or repair, the size of yard at the facility for storing buildings and a site plan of the facility.

(d) A Quality Control Manual.

(3) The manufacturer shall submit a separate application for each of its plant locations. The Quality Control Manual shall be kept at each location.

(4) Renewal – The manufacturer shall renew its certification once every three years and update the information provided in its initial application using the Building Code Information System. Manufacturers will be notified electronically at least 90 days prior to the expiration date of the manufacturer’s certification. If the manufacturer does not complete the renewal information and submit correct fees by the certification expiration date, certification becomes null and void. The manufacturer must meet the qualifications in effect upon the date of renewal to have its certification renewed.

History

• Rulemaking Authority 553.37(2) FS. Law Implemented 553.381 FS. History–New 1-17-72, Amended 2-23-75, 11-14-76, 3-1-80, 11-4-84, Formerly 61-41.07, Amended 1-1-87, 1-1-89, 3-1-95, 9-7-00, 9-13-01, 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.007.

Fla. Admin. Code R. 61-41.009 Design Plan and Systems Approval

(1) General. A final design plan approval shall be contingent upon compliance with these rules and the building codes specified in Rule 61-41.004, F.A.C. The manufacturer shall submit plans for approval by the Agency. The Agency reviewing the plans shall notify a manufacturer of any apparent errors or omissions and request any additional information necessary to evaluate the plans submitted within thirty days of receipt of the plans. The Department shall have the authority to seek revocation of a plan approval by an Agency if, through monitoring activities, the Department discovers that the plans fail to comply with the standards adopted herein.

(2) Approved Plans. Plans are approved for all code related items installed at the manufacturing facility in accordance with Sections 553.37(1) and 553.38, F.S. All code related items not installed at the manufacturing facility shall be clearly noted on the plans cover page as “Items to be site installed and subject to local code review and compliance.”

(3) Completed sets of design plans and specifications, prepared by an architect or engineer licensed to practice in the State of Florida, except as exempted by Florida law; supporting calculations and any required test results for each system and prototype to be approved. Based on compliance with the codes in Rule 61-41.004, F.A.C., the Agency shall approve or disapprove the manufacturer’s submittal. If the submittal is approved, the Agency shall affix a stamp authorized by the Department on each sheet. Plans drawn to a scale less than 1/8'' to the foot are not acceptable. Plans shall be legible for reproduction purposes, including vergiage

(4) System Approval. The manufacturer may submit through the Agency for Department approval a system of construction which may include any or all elements of building systems such as structural, mechanical, plumbing, and electrical elements or components. Such submission shall include all documents and data providing complete information necessary for evaluation of the systems’ performance and capabilities for its intended use.

(5) The Agency shall conduct a review of each set of documents submitted, including the plans, specifications and design calculations, for compliance with the appropriate code and this part and shall utilize a checklist. The plans review and the checklist utilized therewith shall at a minimum contain the plan review requirements of the Florida Building Code, adopted pursuant to Rule 61G20-1.001, F.A.C.:

(6) Plan Approval Expiration – Upon revision of the building codes adopted herein, plan approvals shall expire upon the effective date of the revisions unless the manufacturer files with the department a sworn statement by an Agency that the plans as previously approved have been reviewed and are in compliance with the revisions to the adopted codes. The Agency shall ensure that it has obtained, and retains as a public record, all data and information necessary to support that sworn statement consistent with rules regulating the practice of engineering or architecture or both engineering and architecture. This rule is not intended to provide a defense for Agencies from any charge of unlicensed practice of engineering or architecture. The Agency shall transmit plans electronically through the Building Code Information System to the Department.

(7) Manufacturer’s Component Data Plate. Each component or package of like components shall contain a manufacturer’s data plate which indicates the limiting characteristics and design criteria of such components for determining how they are to be installed and utilized within their capabilities. Such data plate information shall be approved by the Agency.

(8) Manufacturer’s Modular Data Plate. The manufacturer shall install on all manufactured (modular) buildings and components prior to leaving the manufacturing plant a data plate which shall be permanently affixed on or about the electrical panel and which shall contain, but not be limited to, the following design information when applicable.

(a) Name and address of Manufacturer;

(b) Name of Third Party Agency;

(c) Manufacturer Certification Number;

(d) Date of Manufacturer;

(e) Date of Alteration;

(f) Number of Modules;

(g) Construction Type as defined in Chapter 6 of the Code;

(h) Occupancy Use Classification in accordance with Chapter 3 of the Code;

(i) Design Occupant Load;

(j) Serial Number;

(k) Agency Plan Number;

(l) Standard Plan Approval Number;

(m) Maximum Floor Load (pounds per square foot), Live Load and Dead Load;

(n) Roof Load; Live Load and Dead Load;

(o) Wind Velocity Rating;

(p) “U” rating of Floor, Wall, and Roof;

(q) Limitations of the plan approval by the Agency;

(r) If an automatic sprinkler system is provided, whether the sprinkler system is required; and

(s) Any special stipulations and conditions of the building permit.

History

• Rulemaking Authority 553.37(2) FS. Law Implemented 553.37(2) FS. History–New 1-17-72, Amended 2-23-75, 3-1-80, 9-29-82, 1-29-84, 11-1-84, Formerly 61-41.09, Amended 1-1-87, 3-1-92, 3-1-95, 9-13-01, 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.009.

Fla. Admin. Code R. 61-41.0095 Component System

(1) A manufacturer may prefabricate building components such as wall, floor, or roof panels in standardized sections that are closed construction and assembled in buildings. These components may be certified under the Florida Manufactured (Modular) Buildings Program.

(2) The applicable authority having jurisdiction is responsible for inspecting installation of components.

(3) The manufacturer shall submit documents and data providing complete information necessary for evaluation of the component’s performance and capabilities for its intended use. Method of construction, calculations and test procedures shall be certified by a Florida registered architect or engineer and shall be as follows:

(a) Method of construction and detail drawings shall be submitted;

(b) Structural calculations in accordance with established principles of engineering design;

(c) When the component is such that calculations of their safe structural integrity or fire resistance cannot be accurately determined, tests shall be performed by a recognized testing organization. Test procedures and results shall be submitted;

(d) All components shall comply with the applicable building codes, rule Chapter 61G20-3, F.A.C., or Section 553.8425, F.S.

History

• Rulemaking Authority 553.37(2) FS. Law Implemented 553.36(6), 553.37(2), 553.38 FS. History–New 9-13-01, Amended 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.0095.

Fla. Admin. Code R. 61-41.010 Manufacturer’s Quality Control Manual Procedures

The manufacturer’s Quality Control Manual shall at a minimum contain the following information.

(1) Organizational Element:

(a) Introduction of the manufacturer – a brief history which shall, at a minimum include where it is incorporated, whether it is a division of any parent organization, the identity of products it manufactures, and the location of the facility.

(b) An organizational chart showing responsible management and supervisory positions by title. A job description for each of the positions shall be provided.

(c) Brief qualifications of all personnel in management and supervisory positions including the Quality Control Manager.

(d) Administrative procedure for revision of Quality Control Manual.

(e) Procedure for retaining permanent records of plans, travelers, inspection reports, serial numbers of buildings, insignias used, first destination of labeled buildings or components in accordance with Chapter 19, F.S.

(f) Method and frequency of training of quality control and production personnel.

(2) Design and Specification Control:

(a) Procedures for revisions to plans.

(b) Recording system of drawings and specifications.

(3) Material Control:

(a) Inspection procedure of materials, equipment and supplies when received.

(b) Method of storing and protection of building materials and equipment against damage.

(c) Provision for disposal of rejected materials, equipment and supplies.

(d) Forms used.

(4) Production Control:

(a) A description of manufacturing process – method and sequence of construction.

(b) Check lists of material specifications and workmanship inspections performed at each stage of production by supervisors, corrective actions taken, use of traveler.

(c) Frequency of quality control inspections.

(d) List of tests to be performed, testing equipment, results and technical data acceptable.

(e) Procedures for timely preventive and remedial measures.

(f) Assignment of authority to accept or reject work.

(g) Provision for disposition of rejected items.

(h) Forms used.

(5) Finished Product Control and Identification of Products:

(a) Procedure for handling and storage of finished buildings/modules and components.

(b) Preparation for shipping, transportation, and delivery.

(c) Serial numbering system of buildings or components and location of the serial number not readily removable.

(d) Location of manufacturer’s data plate. Information to contain in the data plate.

(e) Location of Florida State insignia.

(f) Forms used.

History

• Rulemaking Authority 553.37(2) FS. Law Implemented 553.37(2), (6), 553.381 FS. History–New 1-17-72, Amended 2-23-75, 3-1-80, 9-29-82, Formerly 61-41.10, Amended 1-1-89, 3-1-92, 3-1-95, 9-7-00, 9-13-01, 5-13-07, 9-13-09, Formerly 9B-1.010.

Fla. Admin. Code R. 61-41.011 Alterations and Relocation

(1) Alteration or Conversion. Any unauthorized modification, alteration, or conversion made to an approved manufactured building prior to installation shall void the insignia of approval. The insignia affixed to the building shall be confiscated by the inspection agency or the building official as authorized by the Department and returned to the Department.

(2) Off site modifications. Modifications made in an approved manufacturing facility shall require certification by the Department pursuant to this paragraph. Modifications made in other than an approved manufacturing facility are subject to the local authority having jurisdiction.

(a) In order to recertify a previously approved manufactured building, the owner must provide the Agency with a set of the original or as-built plans of the building reflecting the proposed modifications. When the Agency approves the plans to modify the building, the manufacturer is authorized to begin work on it. The Agency shall forward copies of the approved plans to the Department as provided in subsection 61-41.009(7), F.A.C., for its records. Once the Agency has tested and/or evaluated each system in the building and certifies to the Department that the building is in compliance with the applicable codes, the Department will issue a recertification insignia to be affixed to the building. A building bearing a recertification insignia shall be deemed to comply with the requirements of all ordinances or regulations enacted by local governments which govern building construction.

(b) Manufactured buildings which bear an insignia of approval can be modified after the initial insignia is affixed in accordance with the provisions of this chapter. Only that portion of the building being modified is required to comply with the current codes while the portion not being modified must comply with the original plans. The requirements and procedures for obtaining an initial insignia, including the fee schedule established in Rule 61-41.020, F.A.C., shall apply to recertified buildings.

(c) In order to certify a manufactured building for which no state insignia has been issued, the agency must require a complete set of as-built plans prepared and sealed by a Florida professional engineer or architect. Under this subsection the entire building must be brought into compliance with the applicable codes. The agency shall forward a copy of the approved plans to the Department for its review and records. Once the agency has tested and/or evaluated each system in the building and certifies to the Department that the building is in compliance with the applicable codes the Department will issue an insignia to be affixed to the building.

(3) On-site Modifications. On-site modifications to previously approved manufactured buildings must be inspected by the local authority having jurisdiction and must comply with the Florida Building Code. The manufactured building is subject to locally adopted codes when it is taken out of compliance with the applicable state approved plans. Upon issuance of a certificate of occupancy for the modified manufactured building, the old insignia shall be removed and returned to the Department.

(4) Relocation of an existing manufactured building does not constitute an alteration.

(5) A relocated manufactured building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the 1997 Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable.

History

• Rulemaking Authority 553.37(2), (5), 553.375 FS. Law Implemented 553.37(2), (5), 553.375 FS. History–New 1-17-72, Amended 2-23-75, 3-1-80, 9-29-82, 11-1-84, Formerly 61-41.11, Amended 1-1-87, 3-1-92, 3-1-95, 9-13-01, 7-16-03, 9-13-09, Formerly 9B-1.011.

Fla. Admin. Code R. 61-41.016 Department Insignia

(1) Each manufactured building, re-certified building, and components approved by the Agency shall be affixed with the appropriate insignia prior to leaving the manufacturing plant.

(2) Insignia fees shall be charged as provided in the Schedule of Fees.

(3) Assigned insignias are not transferable from one building to another, or from one manufacturer to another manufacturer.

(4) The control of the insignia shall remain with the Department and will be revoked by the Department in the event of violation of the conditions of approval. All such voided insignias shall be returned to the Department.

(5) Insignias shall be ordered from the Department using the Building Code Information System at www.floridabuilding.org. Fees for insignia as provided in Rule 61-41.020, F.A.C., shall be submitted at the time of the order. One insignia shall be required for each building.

(6) The Department shall issue insignias for those buildings and components built from previously approved plans. No insignia shall be issued until the plans for that building have been approved.

(7) Insignias shall be mailed to the manufacturer’s inspection agency for release to the Manufacturer’s Quality Control personnel when the Agency is satisfied the building or component meets the Florida Building Code.

(8) The Agency or Manufacturer’s Quality Control personnel shall affix insignias to buildings only after inspection and determination the building or component is in compliance with the Florida Building Code. The insignia and data plate shall be permanently affixed on or about the electrical panel. If the building does not include an electrical panel, the insignia and data plate location shall be designated on the approved plans.

(9) After insignia is affixed, no alteration shall be made before installation.

(10) Insignias shall be denied to buildings and components not conforming to approved plans or system design.

(11) Affixing an insignia to a building or components which has code deficiencies or do not conform to the approved plan, shall be grounds for decertification of the manufacturer or Agency or both. In such case the insignia shall be removed at the direction of the Department.

History

• Rulemaking Authority 553.37(2) FS. Law Implemented 553.37(2), 553.38 FS. History–New 1-17-72, Amended 9-17-73, 2-23-75, 3-1-80, 6-24-80, 9-29-82, 11-1-84, Formerly 61-41.16, Amended 1-1-87, 3-1-92, 3-1-95, 9-13-01, 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.016.

Fla. Admin. Code R. 61-41.017 Insignia Application and Issuance

(1) Following the receipt of initial Department approval, the manufacturer shall complete an order for an insignia for each component or system manufactured as required herein. The insignia order shall be submitted via the Building Code Information System which shall calculate the fees based on the fee schedule in these rules and regulations. The insignia order shall include the plan approval number of each unit for which an insignia is required.

(2) Insignias shall be issued to the manufacturer’s Agency, and shall not be affixed to a building until the Agency has completed the inspections required in the Florida Building Code, and determined the building to be in compliance with the requirements of this chapter and entered the Inspection Report on the Building Code Information System at www.floridabuilding.org. If an insignia is for a modified building, after the modifications are completed and the building inspected, the original insignia shall be removed and returned to the Department by the Agency or Quality Control personnel and the new insignia affixed.

History

• Rulemaking Authority 553.37(2) FS. Law Implemented 553.37, 553.38 FS. History–New 1-17-72, Amended 9-27-73, 2-23-75, Formerly 61-41.17, Amended 1-1-87, 3-1-92, 3-1-95, 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.017.

Fla. Admin. Code R. 61-41.018 Insignia Denial

Should an inspection reveal that a manufacturer is not manufacturing components or systems according to plans as approved by the Department and such manufacturer, after having been served with a notice setting forth the provisions of the plan approval which have been violated, continues to manufacture units in violation of the plan approval, applications for new insignia shall be denied and the insignia previously issued for units in violation of the plan approval shall be confiscated. Upon satisfactory proof of compliance such manufacturer may resubmit an order for an insignia.

History

• Rulemaking Authority 553.37(1) FS. Law Implemented 553.37(1), 553.38 FS. History–New 1-17-72, Amended 2-23-75, Formerly 61-41.18, Amended 3-1-92, 3-1-95, 9-7-00, 9-13-09, Formerly 9B-1.018.

Fla. Admin. Code R. 61-41.019 Removal of Insignia

In the event that any manufactured building bearing the insignia is found to be in violation of the approved plans prior to the issuance of the local certificate of occupancy, at the direction of the Department, the Agency or authority having jurisdiction shall remove the insignia on such defective unit and shall furnish the owner and the Department with a written statement of such violations.

History

• Rulemaking Authority 553.37(2) FS. Law Implemented 553.37(2), (5), (6), 553.38(1) FS. History–New 1-17-72, Amended 9-17-73, Repromulgated 2-23-75, Amended 3-1-80, Formerly 61-41.19, Amended 3-1-95, 9-13-09, Formerly 9B-1.019.

Fla. Admin. Code R. 61-41.020 Schedule of Fees

The Department shall charge the following fees for the indicated items:

(1) Manufacturer’s initial application fee is $300 plus $300 for the triennial certification. The triennial renewal fee is $300. Each additional plant will be assessed an initial application fee of $100 plus $150 triennial certification. The triennial renewal fee is $150.

(2) Agency’s initial application fee is $600 plus $900 for the triennial certification. The triennial renewal fee is $900.

(3) Insignia fees:

(a) Factory-built schools fee is $20 per building;

(b) Components (Panels) fee is $3 per panel. The insignia will be affixed to each panel prior to leaving the factory;

(c) Storage sheds (less than 720 square feet in area) is $7;

(d) Manufactured buildings fee is $60 per module, including storage sheds over 720 feet.

History

• Rulemaking Authority 553.37(8) FS. Law Implemented 553.37(8) FS. History–New 1-17-72, Amended 2-1-72, 2-23-75, 12-8-75, 3-20-79, 3-1-80, 9-29-82, 11-1-84, Formerly 61-41.20, Amended 1-1-87, 1-1-89, 1-1-90, 3-1-92, 3-1-95, 9-13-01, 8-16-04, 5-13-07, 9-13-09, Formerly 9B-1.020.

Fla. Admin. Code R. 61-41.0211 Change in Manufacturer’s Status

(1) Change of Ownership – When the ownership of a manufacturer changes, the new owner shall take the following steps:

(a) Inform the department in writing within 10 days of such change and give effective date of change.

(b) The new owner shall submit a completed manufacturer’s application to the department.

(c) Submit an organizational chart of the management identified by title of officers.

(d) Send resume of officers in the management to the department.

(e) Send a certificate of product liability insurance to the department.

(f) A service contract with the plan review/inspection agency.

(g) If the new owner received exclusive rights to use state approved plans and the Quality Control Manual of the previous owner, it shall be informed to the department.

(h) Certification of Quality Control Manual by agency. Make name changes and other changes in the Quality Control Manual where applicable. The Department shall assign a new manufacturer’s identification number.

(2) Change of Name and Address – In the event of a change in the name or address of any manufacturer or Agency, the Department shall be notified within ten days.

(3) Change of Agency – The following procedure shall be followed when a manufacturer changes the Agency.

(a) The manufacturer shall inform the department of its change of Agency reflecting effective date. The manufacturer shall not be without an Agency.

(b) The manufacturer shall submit to the Department a copy of the service agreement with the new Agency reflecting an effective date.

(c) The new Agency shall review and approve the existing or updated Quality Control Manual and post on the Building Code Information System at www.floridabuilding.org.

(4) Termination of State Certificate – When a manufacturer or an Agency decides to discontinue doing business, the Department shall be informed in writing at least thirty (30) days in advance and such discontinuance shall act as a resignation of the certification. Any subsequent resumption of business activities by a manufacturer or Agency will require a new application.

History

• Rulemaking Authority 553.37(2) FS. Law Implemented 553.37(2), 553.381(1) FS. History–New 9-13-01, Amended 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.0211.

Fla. Admin. Code R. 61-41.0221 Manufacturer’s Obligations Upon Sale of Building

The manufacturer shall provide a TRANSPORTATION AND INSTALLATION BOOKLET with each new building and component package. It shall include:

(1) Precautions and instructions for transportation of buildings and modules; and

(2) Installation instructions.

History

• Rulemaking Authority 553.37(1), (3), (11) FS. Law Implemented 553.37(1), (3), (11) FS. History–New 9-13-01, Amended 5-13-07, Repromulgated 9-13-09, Formerly 9B-1.0221.

Fla. Admin. Code R. 61-41.023 Oversight, Complaint

(1) Any person, firm or corporation, with a substantial interest in any action or any failure to act in conformity with these rules, including without limitation the technical standards and administrative provisions adopted hereby, may file a complaint to the Department. Such complaints may be with regard to the conduct of the Department, the Agency, the manufacturer or any of their employee(s).

(2) It is the responsibility of the manufacturer to correct code violations. The Agency that approved the plans for the subject building or inspected the building shall investigate complaints and make a recommendation to the Department regarding the existence of a code violation and disposition thereof. This activity shall be subject to monitoring, and the Department shall make an independent determination about the existence of a violation.

(3) Any complaint should contain sufficient information including the following:

(a) Parties involved;

(b) Description of grievance;

(c) Important dates and transactions;

(d) What is being affected;

(e) Documentation of code violations or plan deviations by a licensed contractor, Architect, Engineer or Building Official; and

(f) Relief sought by the applicant.

History

• Rulemaking Authority 553.37(2) FS. Law Implemented 553.37(2), 553.39 FS. History–New 9-13-01, Amended 9-13-09, Formerly 9B-1.023.

Fla. Admin. Code R. 61-41.026 Factory-built Schools, Certifications

(1) Manufacturers. Prior to manufacturing factory-built schools for utilization in the State of Florida, a manufacturer shall be certified by the Department as provided in Rule 61-41.007, F.A.C., and shall be subject to the continuing requirements thereof to maintain certification. Fees for certification of manufacturers shall be as provided in Rule 61-41.020, F.A.C.

(2) Agency Plan Review. The Department shall contract with an individual or entity to perform plan review pertaining to factory-built schools. Such individual or entity shall be subject to certification as an Agency as provided in Rule 61-41.006, F.A.C. Maximum fees the Agency may charge those seeking plan approval shall be established by contract between the Department and the Agency.

(3) Agencies. All entities that perform inspections of factory-built schools shall be Agencies certified by the Department as provided in Rule 61-41.006, F.A.C. Inspectors permanently employed by local school boards and community colleges shall be granted an exemption from certification by the Department pursuant to Rule 61-41.006, F.A.C., upon written request of the Local School Board or Community College. All entities that perform inspections, whether exempt from certification or not, shall submit a Quality Control Manual to the Department with the application, which shall at a minimum contain the following sections:

(a) Introduction to the Agency, including a brief history and types of services provided;

(b) Outline of the Agency’s internal quality control plan, including the name and titles of the personnel in charge of quality control and how the Agency plans to meet the duties and responsibilities imposed by this chapter;

(c) Organizational chart showing the relationship between administration, operation, and quality control responsibilities, including a list of inspectors by name and title, identifying each as an employee or under contract;

(d) Personnel resumes;

(e) Training program, including programs for required continuing education, seminars, discussions on code compliance, inspections and department requirements;

(f) Inspection procedures, including inspection checklists for code compliance, inspection records, correction notice, reinspection, inspection visits and scope of inspections;

(g) Test procedures and methods pertaining to tests required by the applicable building codes;

(h) Procedure for control of insignia; and

(i) Procedure for maintenance of records.

History

• Rulemaking Authority 553.415 FS. Law Implemented 553.415 FS. History–New 9-13-01, Amended 9-13-09, Formerly 9B-1.026.

Fla. Admin. Code R. 61-41.028 Factory-built Schools, Inspections and Work Progress Reports

(1) All site installation and annual inspections are the responsibility of the School Board. The Department insignia attests only to compliance of the building with the Florida Building Code and not any site plans or site related issues.

(2) Manufacturers and their agents and employees, Inspectors and those representatives of the educational entity responsible for supervising work related to the manufacture and installation of a factory-built school shall complete and execute a Work Performance Report, Form FMBP-SB-5-00. There shall be at least one Work Performance Report for all periods during which a factory-built school is being manufactured or installed. The report shall be executed by that person who actually supervised the work during the period for which the report is completed. The completed reports shall be kept and maintained by the entity that has actual physical custody of the building.

History

• Rulemaking Authority 553.415 FS. Law Implemented 553.415 FS. History–New 9-13-01, Amended 7-16-03, 5-13-07, 9-13-09, Formerly 9B-1.028.

Fla. Admin. Code R. 61-41.030 Factory-built Schools, Insignia and Data Plate

(1) Each factory-built school building utilized for public educational purposes shall bear the “SREF/school” insignia of the Department and a data plate. The data plate shall be fabricated by the manufacturer of new buildings and the owner of existing buildings of durable material with the required information inscribed thereon. The insignia and data plate shall be permanently affixed on or about the electrical panel. The insignia must be affixed prior to leaving the factory. The data plate shall provide the following information:

(a) Name and address of Manufacturer;

(b) Name of Third Party Agency;

(c) Manufacturer certification number;

(d) Code Edition;

(e) Date of manufacture;

(f) Date of alteration;

(g) Number of modules;

(h) Construction type, as defined in Chapter 6 of the Code;

(i) Occupancy use classification in accordance with Chapter 3 of the Code;

(j) Serial number;

(k) Agency plan number;

(l) Standard plan approval number;

(m) Maximum floor load (pounds per square foot), live load, and dead load;

(n) Roof load, live load and dead load;

(o) Wind velocity rating;

(p) “U” rating of floor, wall and roof;

(q) Whether the building is approved for flood zone usage;

(r) Whether the building is approved for enhanced hurricane protection zone usage;

(s) Whether the building is designed for use as a public shelter in enhanced hurricane protection areas;

(t) Limitations of the plan approval by the third-party agency;

(u) Whether the building is rated as satisfactory for use as an educational facility;

(v) If an automatic sprinkler system is provided, whether the sprinkler system is required; and

(w) Any special stipulations and conditions of the building permit.

(2) Issuance of Insignia. Insignias to be affixed to factory-built schools shall be issued upon receipt by the Department of an inspection report designating the building is satisfactory for educational purposes and containing information required for the data plate.

(3) Revocation. The insignia shall be revoked upon a determination that the factory-built school fails to comply with the applicable standards. Revocation shall be accomplished through procedures established by Section 120.60, F.S.

(4) Fees. Fees shall be paid prior to issuance of insignia for factory-built schools. One insignia shall be issued per building. The fees for insignia shall be as provided in Rule 61-41.020, F.A.C. Such fees are non-refundable.

History

• Rulemaking Authority 553.415 FS. Law Implemented 553.415 FS. History–New 9-13-01, Amended 5-13-07, 9-13-09, Formerly 9B-1.030.

Chapter 61-42 Florida State Boxing Commission Investigative and Legal Services

Fla. Admin. Code R. 61-42.001 Definitions

For the purposes of this chapter, the following definitions shall apply:

(1) “Commission” means the Florida State Boxing Commission.

(2) “Disputant” means the complainant or the licensee.

(3) “Executive Director” means the executive director of the Florida State Boxing Commission.

(4) “Mediation” means a process whereby a third person acts to encourage and facilitate the resolution of a dispute between a complainant and licensee without prescribing what the resolution should be. The resolution is an informal and nonadversarial process with the objective of helping the disputants reach a mutually acceptable agreement.

(5) “Mediator” means the employee or agent of the department assigned to conduct the mediation (defined in subsection (4)) according to the procedures set forth in this rule. No person shall both conduct mediation and investigate the same complaint.

History

• Rulemaking Authority 548.003(8) FS. Law Implemented 548.003(8) FS. History–New 12-20-12.

Fla. Admin. Code R. 61-42.002 Investigative and Legal Services

(1)(a)The department shall investigate, on behalf of the commission, any complaint that is filed with the department in writing, signed by the complainant, legally sufficient, and under the jurisdiction of the State of Florida. A complaint is legally sufficient if it contains facts that show a violation of Chapter 548, F.S. or the rules of the commission relating to the professions regulated by the commission. In order to determine legal sufficiency, the department may require supporting information or documentation. The department may investigate and take appropriate final action on a complaint even though the original complaint is withdrawn or the complainant indicates a desire not to cause the complaint to be investigated or prosecuted to completion.

(b) The department may investigate an anonymous complaint if the complaint is legally sufficient, if the alleged violation of law or rules is substantial, and if the department has reason to believe, after preliminary inquiry, that the violations alleged in the complaint are true.

(c) The department may investigate a complaint made by a confidential informant if the complaint is legally sufficient, if the alleged violation of law or rule is substantial, and if the department has reason to believe, after preliminary inquiry, that the allegations of the complainant are true.

(d) The department may initiate an investigation if it has reasonable cause to believe that a licensee or a group of licensees has violated a Florida statute or a rule of a commission.

(e)When an investigation of any subject is undertaken, the department shall promptly furnish to the subject or the subject’s attorney a copy of the complaint or document that resulted in the initiation of the investigation. The subject may submit a written response to the information contained in such complaint or document within 20 days after service to the subject of the complaint or document. The subject’s written response shall be considered by the department. The right to respond does not prohibit the issuance of a summary emergency order if necessary to protect the public health, safety, and welfare. However, if the secretary, or the secretary’s designee, and the chair of the commission agree in writing that such notification would be detrimental to the investigation, the department may withhold notification. The department may conduct an investigation without notification to any subject if the act under investigation is a criminal offense.

(f) When an investigation of an amateur sanctioning organization is undertaken, if possible, investigators shall conduct a compliance check on any matches held by the amateur sanctioning organization to ensure compliance with Chapter 548, F.S., and the rules adopted by the commission.

(g) For the purposes of investigation, any individuals designated by the executive director and department to conduct investigations shall be admitted to each event or match and provided reasonable access to all areas, including but not limited to dressing rooms or locker rooms by the amateur sanctioning organization.

(2) The department shall designate sufficient and adequately trained staff or other qualified persons to investigate all legally sufficient complaints. The department shall allocate sufficient and adequately trained staff to expeditiously and thoroughly determine legal sufficiency.

(3) For the purposes of this rule, the Department may use any of the individuals designated to conduct compliance checks, as forth in Rule 61K1-4.001, F.A.C., to conduct or assist in investigations. Those individuals are:

(a) Referees currently or formerly licensed under Chapter 548, F.S;

(b) Judges currently or formerly licensed under Chapter 548, F.S;

(c) Inspectors, including Chief Inspectors;

(d) Ringside physicians currently or formerly licensed under Chapter 548, F.S;

(e) Commission staff;

(g) The executive director;

(h) Commissioners.

(4) When its investigation is complete and deemed legally sufficient, the department shall prepare and submit to the Office of the General Counsel the investigative report. The report shall contain the investigative findings and the recommendations concerning the existence of probable cause of any violation of Chapter 548, F.S., or of any rule adopted by the commission. At any time after legal sufficiency is found, the department may dismiss any case, or any part thereof, if the department determines that there is insufficient evidence to support the prosecution of allegations contained therein.

(5) As an alternative to the provisions of subsections (1), (2), and (3), when a complaint is received, the department may provide a licensee with a notice of noncompliance for an initial offense of a minor violation, as listed in Rules 61K1-3.024 and 61K1-4.013, F.A.C. Failure of a licensee to take action in correcting the violation within 15 days after notice may result in the institution of regular disciplinary proceedings.

(6) The determination of whether probable cause exists shall be made by the Office of the General Counsel within the Department. The Office of the General Counsel may retain independent legal counsel, employ investigators, and continue the investigation as it deems necessary; and all costs thereof shall be paid from the Professional Regulation Trust Fund.

(7) When probable cause of a violation of Chapter 548, F.S., or the rules of the commission has been found by the Office of the General Counsel, the Office of the General Counsel shall serve notice of the alleged violation(s) in an Administrative Complaint in accordance with Section 120.60(5), F.S. If the subject of a complaint disagrees with the allegations set forth in the Administrative Complaint, a formal hearing before an administrative law judge may be requested from the Division of Administrative Hearings, pursuant to a petition or request for hearing, as set forth in Section 120.569, F.S., and the rules adopted thereto. Hearings shall be held pursuant to Chapter 120, F.S., and the rules adopted thereto.

(8) The commission shall determine and issue the final order in each disciplinary case. Such order shall constitute final agency action. Any consent order or agreed settlement shall be subject to the approval of the commission.

(9) The department shall have standing to seek judicial review of any final order of the commission, pursuant to Section 120.68, F.S.

(10) The department shall periodically notify the complainant of the status of the investigation, whether probable cause has been found, and the status of any civil action or administrative proceeding or appeal.

(11) Upon completion of the investigation and pursuant to a written request by the subject, the department shall provide the subject an opportunity to inspect the investigative file or, at the subject’s expense, forward to the subject a copy of the investigative file. The subject may file a written response to the information contained in the investigative file. Such response must be filed within 20 days, unless an extension of time has been granted by the department. This subsection does not prohibit the department from providing such information to any law enforcement agency or to any other regulatory agency.

(12) All fines, fees, and costs collected through the procedures set forth in this section shall be allocated to the Professional Regulation Trust Fund for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.

History

• Rulemaking Authority 548.003(8) FS. Law Implemented 548.003(8) FS. History–New 12-20-12.

Fla. Admin. Code R. 61-42.003 Unsanctioned Amateur Events

(1) When the department has probable cause to believe that any person or entity not licensed by the commission intends to sanction or supervise an amateur match or event in the state, the department may issue and deliver to such person a notice to cease and desist from such violation. In addition, the department may issue and deliver a notice to cease and desist to any person or entity who aids and abets the unlicensed sanctioning or supervising of an amateur match or event in this state by employing such unlicensed person or entity. The issuance of a notice to cease and desist shall not constitute agency action for which a hearing under Sections 120.569 and 120.57, F.S., may be sought. For the purpose of enforcing a cease and desist notice, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person or entity who violates any provisions of such notice. In addition to the foregoing remedies, the department may impose an administrative penalty not to exceed $5,000 per incident pursuant to the provisions of Chapter 120, F.S., or may issue a citation pursuant to the provisions of subsection (3). If the department is required to seek enforcement of the notice for a penalty pursuant to Section 120.569, F.S., it shall be entitled to collect its attorney’s fees and costs, together with any cost of collection.

(2) In addition to or in lieu of any remedy provided in subsection (1), the department may seek the imposition of a civil penalty through the circuit court in which the department’s main office is located for any violation for which the department may issue a notice to cease and desist under subsection (1). The civil penalty shall be no less than $500 and no more than $5,000 for each offense.

(3)(a) The department may issue citations to the subject for intending to sanction or supervise amateur matches or events without being licensed to do so. The citations shall contain the subject’s name and any other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedure in Rule 61-42.002, F.A.C. If the subject disputes the matter in the citation, the procedures set forth in Rule 61-42.002, F.A.C. must be followed. The penalty shall be a fine of not less than $500 or more than $5,000 or other conditions as established by rule.

(b) Citations imposing a designated fine may be issued under the following conditions:

1. The subject has received a previous Notice to Cease and Desist for the unlicensed activity;

2. The subject has not received a prior citation, or final order, for the unlicensed activity;

3. There is no evidence of consumer harm; and

4. The subject has not previously held a license as an amateur sanctioning organization.

(c) Citations for the unlicensed practice of a sanctioning or supervising an amateur match governed by Chapter 548, F.S., shall be either personally-served or served by certified mail, restricted delivery.

(d) If the subject does not dispute the citation within 30 days after the citation is served, the citation will become a final order of the Department.

(e) Payment of an undisputed citation is due within 30 days after the citation has become a final order.

(f) Citations which have become final orders will be used in any subsequent proceedings as evidence of a prior violation of that statute or rule.

(g) The Department shall open a complaint against any individual or organization issued a citation for intending to sanction or supervise an amateur match without being licensed to do so, who does not immediately cease the activity, or who has sanctioned or supervised an amateur match without being licensed to do so. Furthermore, criminal violations shall be forwarded to the proper prosecuting authority and are punishable as provided in Section 548.008, F.S.

(h) Each day that the unlicensed practice continues after issuance of a citation constitutes a separate violation.

(i) The department shall be entitled to recover the costs of investigation, in addition to any penalty provided according to department rule as part of the penalty levied pursuant to the citation.

(4) All fines, fees, and costs collected through the procedures set forth in this section shall be allocated to the Professional Regulation Trust Fund for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.

History

• Rulemaking Authority 548.003(8) FS. Law Implemented 548.003(8) FS. History–New 12-20-12.

Fla. Admin. Code R. 61-42.004 Procedure for Mediation

(1) The department may designate as mediation offenses those complaints where harm caused by the licensee is economic in nature or can be remedied by the licensee.

(2) After the department determines a complaint is legally sufficient and the alleged violations are defined as mediation offenses, the mediator may conduct informal mediation to resolve the complaint. If the complainant and the subject of the complaint agree to a resolution of a complaint within 14 days after contact by the mediator, the mediator shall notify the department of the terms of the resolution. The department shall take no further action unless the complainant and the subject each fail to record with the department an acknowledgment of satisfaction of the terms of mediation within 60 days of the mediator’s notification to the department. In the event the complainant and subject fail to reach settlement terms or to record the required acknowledgment, the department shall process the complaint according to the provisions of Rule 61-42.002, F.A.C.

(3) No licensee shall be permitted to engage in the mediation process more than three times without approval from the department. The department may consider the subject and dates of the earlier complaints in rendering its decision. Such decision shall not be considered final agency action for purposes of Chapter 120, F.S.

(4) A department complaint analyst or investigator shall determine the suitability of a complaint for mediation, employing the criteria set forth in Section 455.2235, F.S., Chapter 548, F.S., and the rules adopted by the commission.

(5) Mediation shall be conducted in person or via electronic media or telecommunications, or any combination of the two, as warranted by relevant circumstances of the mediation.

(6) The mediator shall meet with the complainant and licensee together or separately, as warranted by the circumstances of the mediation.

(7) The mediator shall provide a written report to the department of the mediation results within 10 days of the conclusion of the mediation. If the complaint is resolved in mediation, the department shall close the complaint.

(8) If mediation is rejected by either the complainant or licensee, or should the parties fail to reach agreement, the department shall proceed on the complaint in the manner required by Chapter 120, F.S. and Rule 61-42.002, F.A.C.

(9) To determine whether the department will approve a licensee’s participation in the mediation process more than three times, the department shall consider factors including the subject, date, disposition, and number of complaints against the licensee, and the licensee’s history of compliance with commission or department orders.

History

• Rulemaking Authority 548.003(8) FS. Law Implemented 548.003(8) FS. History–New 12-20-12.

Division 61A Division of Alcoholic Beverages and Tobacco

Chapter 61A-1 DEFINITIONS

Fla. Admin. Code R. 61A-1.006 Definitions

(1) As used in section 565.045, F.S., the term “place of business” shall include all interior rooms, or areas which are directly connected by interior openings or doorways from the space where alcoholic beverages are sold, delivered, consumed, or stored. It shall not include common areas used by patrons to enter buildings or malls with more than two places of business. Common areas shall not be considered rooms or areas of the licensed place of business if they are not leased to any tenant occupying the building and are not used as part of any occupant’s business.

(2) As used in sections 561.20(2)(a)4., and (2)(b), F.S., the term “restaurant” shall include all interior rooms or areas which are directly connected by interior openings or doorways from the place where food is delivered, stored, prepared, served, or sold. It shall not include common areas used by patrons to enter buildings or malls with more than two places of business, or hotels, motels, motor courts, and condominium accommodations which are licensed as a vendor. Common areas shall not be considered rooms or areas of the licensed place of business if they are not leased to any tenant occupying the building and are not used as part of any occupant’s business.

(3) The term “package store” shall mean a licensed place of business where alcoholic beverages are sold in the original sealed containers as received from the distributor for consumption off the premises only.

(4) The term “single transaction” as used in the Division’s rules means any single order given on any day and does not mean accumulated orders on a day-to-day basis. When used with reference to malt beverage sales, the term “single transaction” means any single order given on any day and delivered to one licensed location or to one permitted off premises storage warehouse on a single day during the calendar week.

(5) The term “manufacturer” shall mean any person, business enterprise, political subdivision of a government, receiver, trustee, or liquidating agent who makes alcoholic beverages in this country or any place outside the boundaries of the United States of America for distribution to any vendor licensed by the state.

(6) The term “military, naval, or air force reservation” as used in sections 563.05, 564.06, and 565.12, F.S., shall mean any building, group of buildings, or land under the jurisdiction of the Secretary of Defense or Secretary of the United States of America Military Department.

(a) Prior to making excise tax exempt sales, a licensed Florida distributor must have written notice of reservation status from the most senior officer or his designee in charge of the reservation.

(b) Military, naval, or air force reservations shall be exempt from any licensing or registration requirements set forth in chapters 561, 562, 563, 564, and 565, F.S..

(c) The Coast Guard shall be included in a military reservation since it is a military service and a branch of the armed service of the United States at all times (14 USCS §1).

(7) The term “conviction” shall mean any person who has been adjudicated guilty by any court in this state, or any other state, or the United States regardless of any pending appeals.

(8) The term “person” shall not mean a corporation that owns part or all of the stock of an applicant corporation or licensed corporation; however, it does include officers, directors, and shareholders of such a shareholder corporation.

(9) The terms “wine and liquor” as used with trade discounts shall mean wine and spirituous liquors but not malt beverages.

(10) The term “liquors” as used in credit sales of alcoholic beverages by distributors to any vendor shall mean malt beverages, wine, or spirituous beverages.

History

• Rulemaking Authority 561.11 FS. Law Implemented 559.791, 561.01(10), (11), (14), 561.14(1), 561.15, 561.17, 561.19, 561.20(2)(a), (b), (e), 561.29, 561.42(2)-(6), 562.452, 563.02, 563.05, 564.02, 564.06, 565.02, 565.045, 565.10, 565.12 FS. History–Repromulgated 12-19-74, Formerly 7A-1.06, 7A-1.006, Amended 12-20-94, 1-20-97.

Fla. Admin. Code R. 61A-1.010 Tied House Evil Prohibition Against Vendor Assistance

(1) Industry members are prohibited from furnishing, supplying, giving, renting, or lending, to a vendor, any equipment, fixtures, furniture, furnishings, signs, supplies, credit, money, compensation, rebates, accumulated rebates, fees of any kind including slotting fees, services, property, or other thing of value of any description not included in the exceptions specified in chapter 61A-1, F.A.C., or specifically authorized by Florida Statutes, to vendors or their employees or agents acting within their scope of employment. In addition, vendors and their employees or agents acting within the scope of employment are prohibited from accepting such forms of assistance. This prohibition against assisting any vendor includes engaging in cooperative advertising – participating in or paying for any advertising in cooperation with a vendor.

(2) As used in rules 61A-1.010 through 61A-1.0108, F.A.C., “industry member” means manufacturer; distributor; importer; primary American source of supply; brand owner or registrant; and any broker, sales agent, or sales person of any of the aforementioned licensees.

(3) For purposes of rules 61A-1.010 through 61A-1.0108, F.A.C., a licensee is categorized based on its license, type of beverages it is dealing in, conduct, and the form of assistance being provided. For example, a wine distributor who is selling a malt beverage product must comply with the malt beverage restrictions in rules 61A-1.010 through 61A-1.0108, F.A.C., and section 561.42, F.S.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-1.10, 7A-1.010, Amended 6-5-97, 9-15-10.

Fla. Admin. Code R. 61A-1.0101 Product Displays Exception

(1) Industry members may give, loan, or sell alcoholic beverage product displays to vendors, for use on a vendor’s licensed premises, to include wine racks, bins, barrels, casks, shelving, or similar product display items which are separated from a vendor’s ordinary shelves and used primarily to hold and display factory sealed products of the provider for sale to customers at room temperature or cold. Such displays shall not have, or be used to provide, a secondary function, other than advertising, which would function to provide equipment, including refrigeration; furniture; or other fixtures.

(2) Industry members may transport, install, assemble and disassemble their own product displays on a vendor’s licensed premises. Industry members may require the vendor to purchase a minimum amount of the product advertised on the display in a quantity necessary for the completion of the display.

(3) The value of any product display, excluding transportation, installation, and disassembly costs, shall not exceed $300 per brand, and the total value of all product displays at any one time on any one vendor’s licensed premises shall not exceed $300 per brand. Industry members shall not pool or combine dollar limitations in order to provide a vendor a product display valued in excess of $300 per brand.

(4) The product display shall bear product or industry member information that is conspicuous and permanently inscribed or securely affixed to the product display. The vendor’s name, business name, website address, logo, and address may be part of the product display.

(5) Payments of slotting fees for alcoholic beverages shall not be made to vendors. A slotting fee is defined as any form of assistance given by an industry member to a vendor to purchase or rent additional, particular, favorable, or dedicated display, shelf, cooler, storage or warehouse space for alcoholic beverages.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.0102 Private Labels

(1) Beer, wine, and spirituous liquors may be manufactured under a vendor’s trademark. The vendor may be the exclusive outlet for the product if the vendor maintains ownership of the trademark. The vendor shall not set the price of private label products with the manufacturer or distributor. Pricing shall be independently established by the manufacturer and the distributor.

(2) When a vendor’s business name is the same as the brand name, the vendor may display an outside sign so long as the purpose of the sign is clearly to promote the business name and not the alcoholic beverage brand.

(3) The vendor may be paid royalties and other contractual payments if the right to the trademark is sold by the vendor.

History

• Rulemaking Authority 561.11, 561.42, 564.045(6), 565.095(6) FS. Law Implemented 561.08, 561.42, 564.045(5), 565.095(5) FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.0103 Consumer Premium Offers Exception

(1) Premium offer means value-added merchandise, travel, or services held out to consumers in exchange for their purchase of an alcoholic product, sometimes referred to as “product gift” or “gift with sales promotion.”

(2) Industry members may furnish premium offers on products to consumers with proof of purchase and may provide vendors with point-of-sale advertising and order forms.

(3) The premium offers shall be made available to all vendors who wish to participate. The premium offers shall be offered in quantities reasonably calculated to accommodate the individual vendor’s level of sales during the promotion period. The premium shall not be placed on any vendor’s licensed premises for display.

(4) The vendor’s name, business name, website address, logo, and business address may be printed on these premiums.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.0104 Consumer Sweepstakes, Drawings, or Contests Exception

(1) Industry members may provide entry forms, rules, advertising materials, and a box or other similar container in which to collect completed entry forms to vendors. These advertising materials must be offered to all vendors who wish to participate in quantities reasonably calculated to accommodate the individual vendor’s level of sales during the promotion period. The prize or giveaway shall not be placed on any vendor’s licensed premises for display.

(2) Sweepstakes, drawings, and contests shall not require proof of purchase to enter and shall be open for the general public to participate; however, no vendor or vendor’s employee or agent shall be eligible to participate or win. A means of entry may be provided with a purchased alcoholic beverage, so long as an alternative means of entry not requiring a purchase is made available.

(3) Vendors shall not collect completed entry forms, and the selection of winners shall not occur at a vendor’s place of business. Any completed entry forms deposited on the vendor’s licensed premises shall be collected by the industry member. Live or electronic contests sponsored by industry members shall not be held at a vendor’s place of business.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS, History–New 9-15-10.

Fla. Admin. Code R. 61A-1.0105 Vendor’s Property Included in Contests or Sweepstakes Exception

(1) Industry members may administer consumer contests and sweepstakes that include a vendor’s property as the prize. However, the contest or sweepstakes shall not be a joint venture with a vendor. Any contest or sweepstakes prizes purchased by the industry member shall be purchased at a cost which is not more than the cost charged to the general public. Any room rental fee paid by the industry member to the vendor shall be no more than the vendor’s normal rate.

(2) Industry members may use the names and pictures of the vendor’s properties related to prizes awarded to consumers. Any reference to a vendor, other than the identification of the specific property included in the contest or sweepstakes, shall be relatively inconspicuous in relation to the total advertisement or entry form.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.0106 Vendor-Sponsored Tournaments Exception

Industry members may participate in vendor-sponsored tournaments and contests but must pay no more than normal entry fees. Industry members shall not advertise, co-sponsor, underwrite, or contribute in time, money, gifts or provide any other assistance prohibited by section 561.42(1), F.S.

Rulemaking authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.0107 Returns of Damaged Products

(1) Vendors who make a request for return of damaged products within fifteen days after delivery may receive exchange of product, cash, or a credit against outstanding indebtedness. Products are damaged if they exhibit product deterioration, leaking containers, damaged labels or missing or mutilated tamper evident closures. Damaged products shall be verified by the distributor’s representative prior to issuing a credit or exchange. Damaged products shall be exchanged in exact quantities with products of near or equal value made by the same manufacturer and in the same size containers unless a credit or cash is issued at the time of the return with supporting documentation. Products damaged by vendors or vendors’ customers shall not be returned to the distributor for cash, credit or exchange and will be the vendor’s liability.

(2) Distributors shall make and keep a transaction record of all exchanges detailing the date, the licensed vendor, business name and address, the vendor’s license number, and the product exchanged for products, cash, or credit.

(3) No return of the product shall be permitted if the vendor’s request is made more than fifteen days after the delivery date, except in the following circumstances:

(a) Recall. When a manufacturer has issued a product recall that affects multiple unaffiliated vendors, as defined in rule 61A-1.01015, F.A.C., the recalled product may be returned for exchange, cash, or credit as provided in subsection (1) of this rule.

(b) Product Deterioration. When a product has deteriorated due to manufacturing or packaging problems, the product may be returned for exchange, cash, or credit as provided in subsection (1) of this rule. No product may be returned due to deterioration that could have occurred because of vendor conduct; because of any event that occurred on the vendor’s premises; or because of any event that occurred after the product was transferred to the vendor.

(4) If product is returned in excess of fifteen days after receipt using the exception listed in paragraph (3)(a) of this rule, documentation of the recall must be maintained with the record made by the distributor pursuant to subsection (1) of this rule. If product is returned in excess of fifteen days after receipt using the exception listed in paragraph (3)(b) of this rule, the product must be inspected and verified by the distributor and the division, productreturns@myfloridalicense.com or fax (850)922-5175, prior to the return. Documentation of the verification must be added to the record made by the distributor pursuant to subsection (1) of this rule. All records must be made available to the division upon request.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.0108 Returns of Undamaged Products

(1) Vendors who make a request for return of undamaged products within ten days after delivery may receive cash or a credit against outstanding indebtedness within ten days after the request and at the same time the distributor picks up the products. Distributors must make and keep a transaction record of all exchanges detailing the request, the date, the licensed vendor, business name and address, the vendor’s license number, and the product returned for cash, or credit.

(2) No return of the product shall be permitted if the vendor’s request is made more than ten days after the delivery date, except in the following circumstances:

(a) Products which may no longer be lawfully sold. Any situation where, due to a change in regulation or administrative procedure over which the vendor or employee/agent of the vendor has no control, i.e. a particular brand or size is no longer permitted to be sold, may be corrected through return of the product for cash or credit against outstanding indebtedness.

(b) Termination of business. Any time a vendor terminates operations products on hand at the time of termination may be returned for cash or credit against outstanding indebtedness. This does not include a temporary seasonal shutdown.

(c) Change in product. Any time a vendor’s inventory of product has been changed in formula, proof, label, or container, the product may be returned for equal quantities of the new version of the product. This does not include the return or exchange of products for which there is only a limited or seasonal demand, such as holiday decanters and certain distinctive bottles.

(d) Discontinued products. Any time the production or importation of a product is discontinued, a vendor’s inventory of the discontinued product may be returned for cash or credit against outstanding indebtedness.

(e) Seasonal dealers. Any time a vendor who is only open for a portion of the year, has product remaining at closure that will spoil in the off-season, those products may be returned for cash or credit against existing indebtedness.

(3) If product is returned in excess of ten days after receipt using the exceptions listed in paragraphs (2)(a) through (e) of this rule, documentation of the qualifying event must be maintained with the record made by the distributor pursuant to subsection (1) of this rule. All records must be made available to the division upon request.

(4) Distributors shall not make consignment sales to vendors. Vendors shall not attempt the return or exchange of product because the product is overstocked or slow-moving.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.01010 Expendable Retailer Advertising Specialties Exception

(1) When the specialties advertise wine or spirituous beverages, wine or spirituous beverages industry members may give or sell, and when the specialties advertise malt beverages, malt beverages industry members may sell, at a cost not less than the actual cost of the industry member who purchased them, expendable retailer advertising specialties of nominal value such as trays; coasters; mats; menu cards; napkins; paper, plastic, or Styrofoam cups; thermometers; and similar specialties. Alcoholic beverage lists, menus, and menu cards shall not contain any information other than advertising, alcoholic beverages, and prices. If an industry member provides a vendor with glassware, pitchers, carafes or similar containers made of other materials, whether they advertise beer, wine, or spiritous beverages, such containers shall be sold at a cost not less than the actual cost of the industry member who purchased them.

(2) A distributor of malt beverages that has received branded glassware at no cost may give such glassware to vendors licensed for on-premises consumption, subject to the conditions of Section 561.42(14)(a), Florida Statutes.

(3) The specialties must advertise a brand or industry member. The vendor’s name, business name, website address, logo, and business address may be printed on these specialties, which shall be intended for use by the vendor or consumers on the vendor’s licensed premises.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10, Amended 1-12-20.

Fla. Admin. Code R. 61A-1.01011 Durable Retailer Advertising Specialties Exception

(1) Durable retailer advertising specialties shall bear permanently inscribed, substantial advertising intended to promote the brand or industry member being advertised, and differ from inside signs in that they have a secondary function. Such secondary function is limited to passive functions only, such as providing illumination, reflection, the time, the date, or similar limited functions.

(a) Durable retailer advertising specialties include pool table lights, picnic-table umbrellas, mirrors, clocks, calendars and similar specialties.

(b) Durable retailer advertising specialties do not include, product displays, equipment (refrigerators, grills), furniture (tables, chairs), other furnishings (wallpaper, deck awnings), or other fixtures (sinks, dishwashers) and similar items which exceed the passive function limitation. Additional examples of items that are not durable retailer advertising specialties are entertainment equipment (televisions, radios, computers), sports equipment (footballs, soccer goals), amusement or leisure equipment (table games, dart boards) and recreational equipment (tents, bicycles, canoes).

(2) Wine or spirituous beverages industry members may give or sell durable retailer advertising specialties to a vendor, for use only on a vendor’s licensed premises, when such specialties advertise wine or spirituous beverages.

(3) Malt beverages industry members may rent, loan or sell durable retailer advertising specialties to a vendor, for use only on vendor’s licensed premises, when such specialties advertise malt beverages.

(a) When an industry member sells such specialties to a vendor it shall be at a cost not less than the actual cost of the industry member who purchased them.

(b) Without limitation in total value, such specialties may be loaned or rented without charge for an indefinite duration and the industry member may maintain and service such specialties.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.01012 Consumer Advertising Specialties Exception

(1) When the specialties advertise wine or spirituous beverages, wine or spirituous beverages industry members may give or sell to a vendor consumer advertising specialties of nominal value bearing substantial brand or industry member advertising designed to be carried away by the consumer, including trading stamps, nonalcoholic mixers, pouring racks, ashtrays, bottle or can openers, cork screws, shopping bags, matches, printed recipes, pamphlets, cards, leaflets, blotters, post cards, pencils, T-shirts, caps, visors, and similar specialties.

(2) When the specialties advertise malt beverages, malt beverage industry members may sell to a vendor consumer advertising specialties of nominal value bearing substantial brand advertising designed to be carried away by the consumer, including trading stamps, nonalcoholic mixers, pouring racks, ashtrays, bottle or can openers, cork screws, shopping bags, matches, printed recipes, pamphlets, cards, leaflets, blotters, post cards, pencils, T-shirts, caps, visors, and similar specialties to vendors at no less than the actual cost of the industry member who initially purchased them, unless the manufacturer or distributor gives the items directly to consumers on the vendor’s licensed premises.

(3) Industry members shall not provide assistance to a vendor for allowing the industry member to give specialties directly to consumers on the vendor’s licensed premises.

(4) The vendor’s name, business name, website address, logo, and business address may be printed on these specialties.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.01013 Inside Signs Advertising Brands Exception

(1) Industry members may give, sell, lend, or furnish inside signs advertising brands to vendors such as neon or electric signs, window painting and decalcomanias, posters, placards, and other advertising material authorized by sections 561.42(1), (11), and (12), F.S., to be displayed or used in the interior of a vendor’s licensed premises. The signs must advertise brands sold by the vendor.

(2) The signs may include the vendor’s name, business name, website address, logo and business address; however, identification of vendors shall be relatively inconspicuous in relation to the entire advertisement. The only additional information permitted on the sign is price or a space for the price of the alcoholic beverage product advertised on the signs.

(3) Vendors shall not have more than one neon or electric sign per manufacturer’s brand in its window or windows.

(4) Items that provide a secondary function, such as providing the time, the date, reflection, or reading light, shall be considered durable retailer advertising specialties.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.01014 Brand Images

(1) Industry members may provide to any vendor without conditions copy-ready images of alcoholic beverage brands, brand logos, industry member logos, responsibility messages, or products in any format.

(2) “Copy-ready” images are those images ready to be reproduced for immediate use in advertising.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.01015 Advertising Vendor Locations Where Brand Sold Exception

(1) If an advertisement includes two or more unaffiliated vendors, industry members may use vendors’ names and addresses in brand advertisements to indicate vendors from whom consumers can purchase the advertised brands. Unaffiliated vendors are those vendors not affiliated through having common ownership, being members of the same pool buying group, or being members of the same advertising cooperative. The advertisement shall identify vendors relatively inconspicuously in relation to the entire advertisement. Such advertising is not considered cooperative advertising as long as no vendor shares in the cost of the advertising.

(2) Industry members shall not underwrite any vendor’s publications or events through the purchase of advertising or sponsorships.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.01016 Shelf Plans

Manufacturers and distributors may give vendors layouts or designs of the vendors’ shelves or coolers. The shelf plans must be used solely for the purpose of providing vendors with information regarding placement of alcoholic beverage products on shelves and in coolers. There shall be no requirement for a vendor to purchase anything to receive a shelf plan.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 5-7-08.

Fla. Admin. Code R. 61A-1.01017 Educational Seminars

Manufacturers and distributors may host instructional programs relating to alcoholic beverage products, alcoholic beverage laws and regulations, or responsible service and sales of alcoholic beverages. During seminars, manufacturers and distributors may give vendors and vendor’s employees or agents, instructional materials, snacks, beverages, meals, and tours of a manufacturer’s or distributor’s facility. Manufacturers and distributors shall not pay for or provide lodging or transportation to or from seminars to any vendor, vendor’s employee or agent.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History –New 5-7-08.

Fla. Admin. Code R. 61A-1.01018 Trade Shows and Conventions Exception

(1) Industry members may participate in non-profit vendor association trade shows and conventions. Participation may include:

(a) Displaying products;

(b) Renting display space at normal trade show rates;

(c) Paying normal registration fees;

(d) Purchasing tickets to functions;

(e) Providing samples to attendees;

(f) Conducting tastings for attendees;

(g) Providing hospitality independent of sponsored activities by the association or any member vendors; and,

(h) Purchasing advertisements in publications distributed during conventions and trade shows. Payments for all such advertisements shall not exceed $300 per year to any non-profit vendor association.

(2) Industry members may provide any expendable retailer advertising specialties, durable retailer advertising specialties, or consumer advertising specialties to a non-profit vendor association. Such specialties may only be provided pursuant to the conditions and limitations of rules 61A-1.01010, 61A-1.01011, and 61A-1.01012, F.A.C.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.01019 Proof of Insurance Coverage

Manufacturers and distributors may provide vendors proof of insurance for manufacturer or distributor’s personnel, equipment, and products; however they may only issue “hold harmless” or “indemnity” agreements involving product liability or copyright and patent infringement for acts or omissions of the manufacturer or distributor. Manufacturers or distributors shall not issue “hold harmless” or “indemnity” agreements directly or indirectly insuring or co-insuring acts or omissions of vendors.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 5-7-08.

Fla. Admin. Code R. 61A-1.01020 Draft Cleaning

Distributors may clean malt beverage draft equipment utilizing or dispensing their product to ensure quality control.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.423, 561.08, 561.42 FS. History–New 5-7-08.

Fla. Admin. Code R. 61A-1.01021 Split or Mixed Cases Exception

Distributors may offer a split or mixed case containing more than one brand or more than one size of the same brand of alcoholic beverage to vendors. Distributors must have, and uniformly follow, a written policy applying to all vendors if an add-on fee is charged for any split or mixed cases.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.01022 Combination Packages

Industry members may package and distributors may offer and sell to vendors, non-alcoholic beverages or products combined with alcoholic beverages in an integrated package that is ready for sale to the consumer.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.01023 Warehousing

Distributors of wine and spirituous liquors may deliver those products during the same calendar week, which shall begin on Sunday, as the products are ordered. The product prices shall be set at the time of the order and may not be adjusted based on additional products ordered during the same calendar week as the original order after the first delivery is loaded.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 5-7-08.

Fla. Admin. Code R. 61A-1.01024 Alcoholic Beverage Samples Exception

(1) A distributor may give a sample of distilled spirituous beverages, wine, or malt beverages to a vendor if that vendor has not purchased the brand or received a sample of the brand within the preceding twelve months. However, if ownership of a distributor or vendor is transferred to a new entity, the distributor is eligible to give, and the vendor is eligible to receive, new samples.

(2) Samples of malt beverages shall not exceed three gallons per brand to each licensed premises; samples of wine shall not exceed three liters per brand to each licensed premises; and samples of spirituous beverages shall not exceed three liters per brand to each licensed premises.

(3) If a particular product is not available in a size within the quantity limitations of this section, a distributor may furnish to a vendor the next larger size.

(4) Any withdrawal of tax paid samples from the inventory of a distributor as permitted herein must be substantiated by an invoice to a licensed vendor. The invoice shall include:

(a) Distributor’s name and address.

(b) Date invoice was prepared.

(c) Identification of the product as a sample.

(d) Identification of salesman.

(e) Name and address and license number of the vendor.

(f) Brand name.

(g) Number of containers and size of containers used in sampling.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-15-10.

Fla. Admin. Code R. 61A-1.01027 Merchandise Exception

If an industry member is a bona fide producer, wholesaler, or retailer of other merchandise, such as groceries or pharmaceuticals, that industry member may sell that merchandise to vendors under the following conditions:

(1) The merchandise is sold at fair market value, either wholesale or retail;

(2) The merchandise is not sold in combination with alcoholic beverages except as provided in rule 61A-1.01022, F.A.C.;

(3) The industry member’s cost for acquiring the merchandise appears in that industry member’s invoices or other records;

(4) The sale of merchandise is itemized separately from the sale of alcoholic beverages; and

(5) No equipment, as referenced in subsection 61A-1.010(1), F.A.C., or vehicles may be sold as merchandise.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-16-10.

Fla. Admin. Code R. 61A-1.01028 Recordkeeping

(1) Industry members must keep records of all product displays, equipment and supplies, participation in retailer association activities, the acquisition or production cost and selling cost of specialties or any items given, sold, or loaned to vendors, or any other form of assistance limited as to quantity, frequency, or value by rules 61A-1.010 through 61A-1.0108, F.A.C., or section 561.42, F.S. These records must be maintained for three years on the industry member’s licensed premises or other location so long as the division is notified in writing prior to the use of that location. The division must also be notified in writing of any change in location. The records may be in any format so long as they are available and legible to division personnel when the records are requested for review. A copy of any record produced in compliance with this rule shall be given to the vendor. The copy shall be in a format accessible and readable by the vendor, i.e. not provided in an electronic format that would require proprietary software unavailable to the vendor. These records must show:

(a) The name and address of the vendor, vendor’s employee or agent receiving the assistance;

(b) The vendor’s license number;

(c) The date furnished, given, rented, loaned, or sold;

(d) The description and quantity of assistance furnished, given, rented, loaned, or sold;

(e) The cost of the industry member’s assistance determined by the original purchaser’s invoice price. This information is not required if no value restrictions exist;

(f) The charges to the vendor for the assistance, if any; and

(g) The name, license number, and address of the industry member providing the credit, cash, or other form of assistance as described in subsection 61A-1.010(1), F.A.C.

(2) Pursuant to section 561.42(8), F.S., vendors shall keep any record provided to the vendor under subsection (1) of this rule on their licensed premises, of any credits, or any other form of assistance, as described subsection 61A-1.010(1), F.A.C, limited as to quantity, frequency, or value by rules 61A-1.010 through 61A-1.0108, F.A.C., or section 561.42, F.S. These records must be maintained for three years on the vendor’s licensed premises or other location so long as the division is notified in writing prior to the use of that location. The division must also be notified in writing of any change in location. These records must show:

(a) The name and address of the industry member providing the credit, cash, or other form of assistance as described in subsection 61A-1.010(1), F.A.C.

(b) A description of the form of assistance received and quantity received, if applicable.

History

• Rulemaking Authority 561.11, 561.42 FS. Law Implemented 561.08, 561.42 FS. History–New 9-16-10.

Fla. Admin. Code R. 61A-1.013 License Classification

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.14, 561.43, 563.02, 564.02, 565.02, 565.03, 210 FS. History–New 3-1-76, Formerly 7A-1.13, 7A-1.013, Repealed 8-1-12.

Fla. Admin. Code R. 61A-1.017 Moral Character

(1) For purposes of the Beverage Law, a person of “good moral character” shall mean a person who:

(a) Has the ability to distinguish between right and wrong and the character to observe the difference;

(b) Observes the rules of right conduct; and

(c) Acts in a manner that indicates and establishes the qualities of trust and confidence that is generally acceptable to the state.

(2) Conduct that does not establish the qualities of trust and confidence include the following:

(a) Being penalized for a criminal act in this country or a foreign country that is punishable by imprisonment for a term exceeding 1 year when the act is related to alcoholic beverages, failure to pay taxes, unlawful drugs or controlled substances, prostitution, or injuring another person in the preceding 15 years;

(b) Committing two or more crimes in this country or a foreign country that are punishable by imprisonment for a term exceeding 1 year, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;

(c) Committing an unlawful lewd, lascivious, or indecent assault or act upon or in the presence of a person under the age of 16, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;

(d) Having a delinquent child support obligation which has resulted in issuance of a court order for collection within the preceding 5 years;

(e) Committing two or more acts of prostitution or lewdness, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;

(f) Committing an act of unlawful battery, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;

(g) Committing an act of selling, delivering, giving, or possession with the intent to sell, give, or deliver unlawful controlled substances or drugs, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;

(h) Committing two or more acts in violation of alcoholic beverage laws, unless found not guilty by a court of competent jurisdiction, during the preceding 5 years;

(i) Committing perjury or giving false information under oath to a government agency or court, unless found not guilty by a court of competent jurisdiction during the preceding 5 years;

(j) Engaging in a pattern of fraud as defined in section 414.39, F.S., unless found not guilty by a court of competent jurisdiction during the preceding 5 years; and

(k) Having had an ownership interest or managed a business whose alcoholic beverage license or permit was revoked by a government agency for a violation of a criminal law that is punishable by imprisonment for a term exceeding 1 year or four violations of the same law during the preceding 3 years.

(3) Mitigation the division will consider in determining a person’s good moral character when there is evidence of the conduct described in subsection (2) of this rule includes:

(a) An affidavit explaining the circumstances of past conduct and evidence of the qualities of trust and confidence, the ability to distinguish between right and wrong, and the character to observe the difference; and,

(b) Character references from people who have personal knowledge of the applicant’s or licensee’s qualities of trust and confidence, the ability to distinguish between right and wrong, and the character to observe the difference. References may not include spouses, sons, daughters, or anyone employed by the applicant or licenses.

(c) Evidence of good citizenship and improving the quality of life in their community.

(4)(a) Licensee’s who fail to continue meeting the good moral character standard will be issued an administrative action to determine if the license should be revoked.

(b) Corporate and partnership licenses shall not be revoked when there are adversely affected people having an ownership interest if the licensee:

1. Terminates the employment of the person who is not of good moral character;

2. Does not give or sell additional ownership interest in the enterprise to the person who is not of good moral character where it has the legal right to restrict such purchase of additional ownership interest;

3. Prohibits the person who is not of good moral character from being on the licensed premises or talking with any employee of the licensee, except at scheduled shareholder’s meeting, unless the division has approved a petition or stipulation agreeing to vary from this restriction; and,

4. Demonstrates to the satisfaction of the division that the conduct by an owner was not on a licensed premises owned by the corporation or partnership.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.15, 561.29, 559.791 FS. History–New 8-1-93.

Fla. Admin. Code R. 61A-1.020 Sale of Alcoholic Beverages to Agents for Consumers

(1) The division shall not consider anyone to be selling alcoholic beverages in violation of section 562.12, F.S., provided the person is an agent or employee of the consumer. All alcoholic beverages purchased by a person for off-premises consumption must be purchased from a licensed vendor that is authorized to sell packaged goods.

(2) A person will be considered an agent for a consumer if the following procedures are followed:

(a) The person is provided the total amount of money from a consumer to purchase alcoholic beverages on their behalf and does not add any cost to the alcoholic beverages purchased. The consumer’s money must be in the possession of the purchaser and used to pay for all of the alcoholic beverages at the time of purchase.

(b) The person is provided authorization to charge the consumer’s purchase to the consumer’s account or credit card, and does so at the time of purchase.

(c) The person picks up and delivers alcoholic beverages which the consumer ordered and prepaid to the licensed vendor by cash or credit.

(3) The person separately bills a consumer for delivery charges, set-ups, food, bartending, and any services provided, but does not commingle the purchase of alcoholic beverages with the services provided unless the person has a license authorizing the package sale of the alcoholic beverages purchased. The person shall not invoice a consumer for alcoholic beverages but may use the authorized alcoholic beverage vendor’s invoice to provide the consumer an accounting of the prices and quantities of alcoholic beverages purchased for the consumer.

(4) A food caterer licensed by the Division of Hotels and Restaurants will be considered an agent for a consumer if the following procedures are adhered to:

(a) The licensed food caterer takes the order from the consumer to purchase alcoholic beverages in his/her behalf from a licensed vendor, and purchases the alcoholic beverages indicated on the order. The licensed food caterer shall not commingle the alcoholic beverages with any other alcoholic beverages.

(b) The licensed food caterer invoices the customer for the alcoholic beverages. A copy of the original customer order form and a copy of the licensed vendor receipt must be attached to the invoice. The licensed food caterer may not charge a customer any amount different than that shown on the licensed vendor receipt. Notwithstanding this subsection, licensed food caterers may separately bill a consumer for delivery charges, setups, food, bartending, and other services provided.

(c) If the licensed vendor accepts unused and unopened alcoholic beverages, the licensed food caterer may, on behalf of the consumer, receive a credit or reimbursement from the licensed vendor. Any such credit or reimbursement shall be reflected as such on an invoice provided by the food caterer to the customer with a copy of the licensed vendor’s receipt attached thereto.

(d) Each food service caterer shall maintain and keep for a period of three years such records of alcoholic beverages provided by the caterer acting as an agent for a consumer. Such records shall include customer orders, invoices, and licensed vendor receipts.

History

• Rulemaking Authority 561.11 FS. Law Implemented 562.12, 561.01 FS. History–New 8-1-93, Amended 7-5-95.

Chapter 61A-2 GENERAL

Fla. Admin. Code R. 61A-2.002 Bond Requirements

All bonds required under the beverage law must be bonds of a surety company licensed to do business in the State of Florida and must be filed with and approved by the director. The surety bond form may be obtained by writing to the appropriate district office and requesting DBPR ABT-6032, Division of Alcoholic Beverages and Tobacco Surety Bond Form, incorporated herein by reference and effective March 15, 1990.

History

• Rulemaking Authority 561.11 FS. Law Implemented 562.25, 561.37, 561.38, 561.051, 561.08, 561.371 FS. History–Formerly 12-19-74, Formerly 7A-2.02, Amended 3-15-90, Formerly 7A-2.002.

Fla. Admin. Code R. 61A-2.004 Wine Permits for Religious or Sacramental Purposes

Permits to purchase wine from a licensed distributor or vendor for religious or sacramental purposes within the State of Florida may be issued upon approval of an application for each purchase by the division.

(1) To obtain a permit from the division for each purchase of wine for religious or sacramental purposes from any licensed distributor or vendor in order to be exempt from all other restrictions, regulations, and taxation included in state law concerning the sale and distribution of wine, applicants shall complete ABT 4000A-038, Application for Tax Exempt Wine Permit, incorporated herein and effective 12-20-94.

(2) This form is available from any of the division’s field offices and from the Bureau of Auditing, Tax Collection, Licensing, and Records, located in Tallahassee.

(3) Form ABT 4000A-038 shall be submitted to any of the division’s field offices or the Bureau of Auditing, Tax Collection, Licensing, and Records in Tallahassee for approval.

(4) The division shall refuse to issue a permit for the following reasons:

(a) The request is for malt beverages or spirituous liquors;

(b) The applicant does not affirm under oath that the wine is for a religious order, monastery, church, or religious body;

(c) The applicant does not affirm under oath that the wine will be exclusively used for religious or sacramental purposes;

(d) The application is incomplete;

(e) The application includes incorrect information; or

(f) The applicant has submitted a false application within the last past 5 years.

(5) Licensed distributors will be allowed to deduct excise taxes from the sale of wine to approved permittees for religious or sacramental purposes on their monthly report.

(6) If a permittee elects to purchase wine for religious or sacramental purposes from a licensed vendor, the permittee may apply for a refund of excise taxes from the division within 30 days of the purchase. A request for refund form, BPR AA-4, APPLICATION FOR REFUND FROM THE STATE OF FLORIDA, revised 11-93, incorporated herein by reference, may be obtained from one of the division’s field offices or the central office of the Bureau of Auditing, Tax Collection, Licensing, and Records.

History

• Rulemaking Authority 561.11 FS. Law Implemented 564.03 FS. History–Amended 3-22-73, Repromulgated 12-19-74, Formerly 7A-2.04, 7A-2.004, Amended 12-20-94.

Fla. Admin. Code R. 61A-2.005 Bitters, Classification

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.02, 565.09 FS. History– Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-2.05, 7A-2.005, Repealed 7-5-95.

Fla. Admin. Code R. 61A-2.006 License Transfer by Operation of Law or Under Judicial Proceedings

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.32 FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-2.06, 7A-2.006, Repealed 1-20-97.

Fla. Admin. Code R. 61A-2.007 Corporation

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.17(1), 561.29(2) FS. History Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-2.07, 7A-2.007, Repealed 7-5-95.

Fla. Admin. Code R. 61A-2.008 Notification of Penalty

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.29 FS. History–Repromulgated 12-19-74, Formerly 7A-2.08, 7A-2.008, Repealed 7-5-95.

Fla. Admin. Code R. 61A-2.0081 Revocation with Prejudice to Location

(1) The division shall deny any application for a permanent or temporary license when the owners of the real estate have been served a Notice to Show Cause which has not been resolved to prohibit a license from being issued to the location for which a license is being requested.

(2) Any action by the division to prohibit the issuance of a license at a location will be based on evidence that the owners of the real estate had knowledge of the violations stated in the Notice to Show Cause served on the licensee operating a licensed premises at the location, and the owners failed to actively pursue any legal action to evict the licensee. The violations occurring at the licensed premises must be a continuing pattern of criminal conduct by the licensee, employees, patrons, or visitors.

(3) Any final order issued by the division to the property owner will clearly state the date on which the location will be qualified for an alcoholic beverage license pursuant to Section 561.58, F.S., and shall not exceed 2 years from the succeeding license renewal date as fixed by the division following the revocation of the license.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.58 FS. History–New 8-1-93.

Fla. Admin. Code R. 61A-2.009 State Bonded Warehouses

No alcoholic beverages may be delivered to a state bonded warehouse which were shipped into this state from beyond the limits of the state unless the person for whom the beverages are to be stored is a manufacturer, licensed importer, registered exporter, or licensed distributor of alcoholic beverages. Monthly reports are to be prepared on ABT 4000A-150-1 and ABT 4000A-150-2, Warehouse Report, incorporated herein by reference and effective 12-20-94, furnished by the division and submitted to the division in the method described thereon. Each permittee of a state bonded warehouse shall keep records of all beverages received, stored, or delivered within and outside this state for a period of 3 years at the permitted warehouse or other location approved in writing by the division. Records maintained away from the warehouse shall be available for inspection within 10 days of a request by an authorized division employee.

History

• Rulemaking Authority 561.11 FS. Law Implemented 562.25, 561.08 FS. History–Formerly 12-19-74, Formerly 7A-2.09, 7A-2.009, Amended 12-20-94.

Fla. Admin. Code R. 61A-2.010 Delivery from Outside United States

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.14, 561.17, 561.54, 562.15, 562.16 FS. History–Repromulgated 12-19-74, Amended 1-28-80, Formerly 7A-2.10, 7A-2.010, Repealed 1-20-97.

Fla. Admin. Code R. 61A-2.011 Motions

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.29 FS. History–New 2-3-66, Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-2.11, 7A-2.011, Repealed 7-5-95.

Fla. Admin. Code R. 61A-2.012 Service of Process; Notices, Subpoenas, Orders, and Citations

(1) Each licensee under the Beverage Laws of this State shall designate, in writing, at the District Office, the name of an individual residing in this State upon whom service by this Division of any notice, subpoena, order or citation, issued by this Division shall be legally binding on said licensee. Upon failure to so designate such agent, the license shall be deemed to have elected any authorized person in charge of his licensed establishment as the person upon whom said service may be made.

(2) Any notice, order, citation, etc., except subpoenas, which may be lawfully issued and served by this Division upon any licensee, as an alternative procedure to that outlined in the foregoing paragraph, shall be deemed lawfully served or issued when addressed to the licensee at his place of business as shown by the records of the Division, and served through the United States mail, certified, return receipt requested. The return receipt shall be prima facie evidence of service.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.29 FS. History–New 5-7-68, Repromulgated 12-19-74, Formerly 7A-2.12, 7A-2.012.

Fla. Admin. Code R. 61A-2.014 Applications

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.15, 561.17, 561.25 FS. History–New 10-20-72, Repromulgated 12-19-74, Formerly 7A-2.14, Amended 4-29-90, Formerly 7A-2.014, Repealed 11-29-15.

Fla. Admin. Code R. 61A-2.015 Payment of Fines and Licenses, Penalty

History

• Rulemaking Authority 561.11 FS. Law Implemented 210.15, 210.16, 561.27, 561.29, 561.32, 561.321, 561.422, 561.57 FS. History–New 3-1-76, Formerly 7A-2.15, 7A-2.015, Repealed 7-5-95.

Fla. Admin. Code R. 61A-2.017 Beverage Licenses, New Quota Issue

History

• Rulemaking Authority 120.53(1)(b), 561.11 FS. Law Implemented 561.14, 561.15, 561.17, 561.18, 561.19, 561.20 FS. History–New 3-1-76, Amended 7-1-81, 7-3-83, 3-17-85, Formerly 7A-2.17, Amended 5-9-88, 2-16-89, 3-6-90, 6-23-91, 3-3-92, 5-24-92, Formerly 7A-2.017, Repealed 1-20-97.

Fla. Admin. Code R. 61A-2.018 License Application Report(s)

History

• Rulemaking Authority 120.53(1)(b), 561.11 FS. Law Implemented 120.53(1)(b), 561.14, 561.17 FS. History–New 3-1-76, Formerly 7A-2.18, 7A-2.018, Repealed 8-1-12.

Fla. Admin. Code R. 61A-2.019 Approved Forms

History

• Rulemaking Authority 120.53(1)(b) FS. Law Implemented 120.53 FS. History–New 11-19-81, Formerly 7A-2.19, 7A-2.019, Repealed 11-29-15.

Fla. Admin. Code R. 61A-2.020 License Transfer Where Administrative Charges Are Pending

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.32(2) FS. History–New 10-13-83, Formerly 7A-2.20, 7A-2.020, Repealed 1-20-97.

Fla. Admin. Code R. 61A-2.021 Distilled Spirits in Excess of 153 Proof

History

• Rulemaking Authority 561.11 FS. Law Implemented 565.055 FS. History–New 10-13-83, Formerly 7A-2.21, 7A-2.021, Repealed 7-5-95.

Fla. Admin. Code R. 61A-2.022 Penalty Guidelines

(1) This rule sets for the penalty guidelines which shall be imposed upon alcoholic beverage licensees and permittees who are supervised by the division. District supervisors, audit supervisors, and bureau chiefs are authorized to accept settlement offers that do not deviate from the penalty guidelines. The penalties provided below are based upon a single violation which the licensee committed or knew about; or a pattern of at least three violations on different dates within a 12-week period by employees, independent contractors, agents, or patrons on the licensed premises or in the scope of employment in which the licensee did not participate; or violations which were occurring in an open and notorious manner on the licensed premises.

(2) Businesses and non-profit charitable organizations issued alcoholic beverage licenses, permits, and brand registrations by the division are subject to discipline (warnings, corrective action, civil penalties, suspensions, revocations, reimbursement of cost, and forfeiture).

(3) The penalties for repetitive unlawful conduct shall be based on the same violations occurring within 36 months of the date of the first administrative proceeding notice.

(4) All stipulations accepted by the division shall include a written statement that the violation has been corrected and a written plan to prevent additional violations of the same law. All violations cited in the administrative action shall be corrected before any stipulation will be accepted by the division. All proceedings involving violations of Sections 562.11, 569.003, 569.005, 569.007, 859.06, and 859.061, F.S., and Chapter 893, F.S., must include an affirmation of compliance with Florida’s Responsible Vendor-Dealer Acts (Sections 561.701 through 561.706, and 569.008, F.S.) as a part of the prevention plan required as an attachment to stipulations offered in settlement.

(5) All stipulations offering lower penalties than the guidelines must be approved by the director and shall include a written statement of mitigation in addition to the statement of correction and prevention plan required in subsection (4) of this rule.

(6) Reimbursement of cost shall include those expenses of each participating government agency involved in the investigation of the licensed premises. Expenses shall be limited to overtime, per diem, equipment and property rental, evidence purchased, supplies purchased, and other purchases directly related to conducting the investigation. The division shall keep and maintain an accurate log with receipts of expenses related to investigations of licensed premises. No reimbursement will be required if the total expenses are less than $25.

(7) All civil penalties may be substituted with license or permit suspensions using the ratio of 1 day for each $50; for example, a licensee could offer a 5-day license suspension instead of a $250 civil penalty. No required suspensions may be substituted with civil penalties unless approved by the director.

(8) Licensees or permittees who violate the accepted stipulation agreement or final order shall be issued a new administrative action under the same case number for failing to comply with the stipulation or final order which will be considered a separate violation of state law and the penalty for the violation cited will double.

(9) No stipulation or order may exceed $1,000 for violations arising out of a single transaction.

(10) Licensees may petition the division to amend any stipulation or final order by sending the petition to the Director, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1020. Petitions filed shall not automatically stay any effective dates in the stipulation or order unless the director authorizes the stay or amendment requested in the petition.

(11) The penalty guidelines set forth in the table that follows are intended to provide field offices and licensees or permittees with penalties that will be routinely imposed by the division for violations. The description of the violation in the table is intended to provide a brief description and not a complete statement of the statute.

History

• Rulemaking Authority 561.11 FS. Law Implemented 120.57, 409.2598, 559.79(3), 561.29, 561.501(5), 939.01 FS., as created by Chapter 93-134, Laws of Florida. History–New 2-28-94.

Fla. Admin. Code R. 61A-2.023 Proposed and Final Tax Assessments

(1) When an audit is performed that indicates that there is an amount of tax owed by the Taxpayer to the Division which is unpaid, the Division shall notify the taxpayer of the proposed tax assessment, i.e., the deficiency plus the applicable interest and penalties.

(2) A Taxpayer shall be notified of the proposed tax assessment in a letter entitled, “Notice of Proposed Tax Assessment.”

(a) Said letter of notice shall be dated, and shall include:

1. The license number of the taxpayer.

2. The audit period of assessment.

3. The amount of the deficiency plus the applicable interest and penalties.

4. A request for payment within 10 days.

5. The specific address, email address, and fax number designated to receive any response from the Taxpayer.

(b) Rule 61A-2.023, F.A.C., shall accompany the letter of notice as an attachment.

(c) The letter shall also contain the following language, “If you disagree with the proposed tax assessment, you may file a written protest and request for hearing within 60 calendar days of the mailing of this letter. For further instructions regarding the filing of the written protest and request, please see the attached recitation of Rule 61A-2.023, F.A.C.”

(3) A Taxpayer may file a protest and request an assessment conference within 60 calendar days of the date of the Notice of Proposed Tax Assessment.

(a) A Taxpayer protest shall include:

1. The Taxpayer’s name, address, email address (optional), and telephone number.

2. A copy of the Notice of Proposed Tax Assessment.

3. The specific amounts of the tax, interest, and/or the penalty, by audit period, that is being protested.

4. A statement of facts supporting the protest of the specific amounts.

5. If applicable, a statement of law or other authority on which the taxpayer’s position is based.

6. A statement as to whether an assessment conference is being requested.

(b) A Taxpayer protest shall be filed with the Division by sending the protest to the address, email address, or fax number designated on the Notice of Proposed Tax Assessment.

(4) Upon receipt of a timely protest and the holding of a hearing (if requested), the Division shall review the protest and issue a Final Tax Assessment.

(5) The Division shall dismiss protests postmarked, or emails and faxes received, more than 60 calendar days from the date of mailing of the Notice of Proposed Tax Assessment and shall issue a Final Tax Assessment.

(6) A Final Tax Assessment becomes final on the date of its issuance.

History

• Rulemaking Authority 72.011(2)(b)3., 210.55(7)(b)2., 561.11, 564.06, 565.12 FS. Law Implemented 72.011(2)(b)3., 95.091, 210.276, 210.30, 210.55, 561.50, 563.05, 563.07, 564.06, 565.12, 565.13 FS. History–New 5-12-15.

Fla. Admin. Code R. 61A-2.024 Final Refund Denials

(1) The Division, upon determining that an application for refund should be wholly or partially denied, shall issue a notice of final refund denial to the Taxpayer with his or her application for refund. The notice of final refund denial shall include an explanation of the reason for denial.

(2)(a) The Taxpayer shall be notified of the final refund denial in a letter entitled, “Notice of Final Refund Denial.”

(b) The notice of final refund denial shall be dated and substantially include the following language, “If you disagree with this final refund denial and would like to contest, you are entitled to initiate an administrative or judicial proceeding within 60 days of the date of this notice, pursuant to the provisions of Section 72.011, F.S.”

(3) A final refund denial becomes final for purposes of Chapter 72, F.S., on the date of the issuance of the notice of final refund denial.

History

• Rulemaking Authority 72.011(2)(b)3. FS. Law Implemented 72.011(2)(b)3. FS. History–New 2-9-15.

Chapter 61A-3 VENDORS AND LICENSEES

Fla. Admin. Code R. 61A-3.001 Central Storage Warehouses

History

• Rulemaking Authority 561.11 FS. Law Implemented 565.03 FS. History–Repromulated 12-19-74, Amended 3-1-76, Formerly 7A-3.01, 7A-3.001, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.002 Spirituous Beverages, Serial Numbers on Cases

History

• Rulemaking Authority 561.11 FS. Law Implemented 562.23 FS. History–Repromulated 12-19-74, Formerly 7A-3.02, 7A-3.002, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.003 Lotteries

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.29(1) FS. History–Repromulated 12-19-74, Formerly 7A-3.03, 7A-3.003, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.0031 Gambling, Possession of Gambling Paraphernalia

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.29(1) FS. History–New 6-13-77, Formerly 7A-3.031, 7A-3.0031, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.004 Coin-Operated Machines and Amusement Devices

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.29, 849.08, 849.11, 849.14, 849.15, 859.16 FS. History–Repromulgated 12-19-74, Amended 3-12-85, Formerly 7A-3.04, 7A-3.004, Repealed 12-20-94.

Fla. Admin. Code R. 61A-3.005 Package Stores

History

• Rulemaking Authority 561.11 FS. Law Implemented 565.04 FS. History–New 10-20-73, Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-3.05, 7A-3.005, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.006 Advertising

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(10) FS. History–Repromulgated 12-19-74, Formerly 7A-3.06, 7A-3.006, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.008 Location, Vendor Licenses

(1) A vendor must have a different license for each place of business operated.

(2) All licenses issued to vendors, other than railroads, sleeping cars, steamships, or airplanes licensed under Sections 565.02(2), and (3), F.S., must be for a permanent location at which the business is to be operated; provided, however, licenses permitting consumption on the premises may be issued to pleasure or excursion boats making regular round trips which do not exceed one hundred miles in each direction. The fee for such licenses shall be the same as that charged for the same type license in the county wherein the “home port” of the boat is located; and, all such licenses shall be issued in the same manner as other beverage licenses are issued.

History

• Rulemaking Authority 561.11 FS. Law Implemented 565.02(2), (3), 561.17 FS. History–Amended 3-22-73, 4-19-73, Repromulgated 12-19-74, Formerly 7A-3.08, 7A-3.008.

Fla. Admin. Code R. 61A-3.0081 Licensed Premises at Stadiums, Coliseums, Auditoriums, Locations

(1) Every holder of an alcoholic beverage license who conducts an alcoholic beverage business within the enclosure of a stadium, coliseum or auditorium, may sell and serve alcoholic beverages to the general public under said license in more than one (1) location within the said structure, provided said locations are embraced within the required sketch appearing or attached to the application for the license involved, and are under the dominion and control of the licensee; and provided further that a certified copy of the said license be posted at each location; and provided further, however, that all of said locations need not be under one roof if deemed by the Division to be a part of and directly adjacent and contiguous to the aforementioned structures.

(2) Nothing in this rule shall be construed to limit the taxes imposed by Chapter 565, F.S.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.01(11), 561.17 FS. History–New 11-7-78, Formerly 7A-3.081, 7A-3.0081.

Fla. Admin. Code R. 61A-3.0101 License Renewals, Fixing Dates by Counties, Exceptions

(1) Alcoholic beverage licenses shall be renewed annually pursuant to license years for all places of business in counties as follows:

(a) Vendors and distributors – October 1 through September 30 – Alachua, Baker, Bay, Bradford, Calhoun, Citrus, Clay, Columbia, Dixie, Duval, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, Leon, Levy, Liberty, Madison, Marion, Nassau, Okaloosa, Orange, Osceola, Pasco, Pinellas, Putnam, St. Johns, Santa Rosa, Seminole, Sumter, Suwannee, Taylor, Union, Wakulla, Walton, Washington.

(b) Vendors and distributors – April 1 through March 31 – Brevard, Broward, Charlotte, Collier, Miami-Dade, DeSoto, Flagler, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Manatee, Martin, Monroe, Okeechobee, Palm Beach, Polk, St. Lucie, Sarasota, Volusia.

(c) The term of licenses for all manufacturers, brokers, sales agents, importers and passenger common carriers, regardless of county location shall be October 1 through September 30.

(2) Licensees must remit renewal fee prior to expiration of their licenses. The Division shall provide opportunity for renewal during the period thirty days prior to license expiration.

(3) Licensees will subsequently be notified of renewal at a full year fee to coincide with the effective date of license and will continue to renew in accordance therewith.

(4) License renewals will be timely if the correct fee is either:

(a) Received by the division on or before the expiration date; or

(b) Postmarked on or before the expiration date.

(5) The division requires 20 days to process license renewal fees and issue licenses. Licensees who have timely submitted their renewal fees will be authorized to continue selling alcoholic beverages. Licenses must be posted in a conspicuous place on the licensed premises after passage of the 20-day renewal processing period.

(a) The 20-day processing period shall begin on the first work day following the expiration date of the license.

(b) The expiration date of all licenses shall be on Monday if it falls on a Saturday or Sunday.

(6) Distributors may make sales and deliveries to all accounts during the 20-day renewal process if:

(a) The account was licensed on the expiration date; and,

(b) The account is not on the delinquent list.

(7) Following the 20-day renewal processing period, all licensees must have their licenses conspicuously posted on the licensed premises and distributors must verify that their accounts did renew their license.

(8) The division shall maintain daily records of licenses that have not been processed for renewal. A renewal status report may be obtained from the division upon request.

History

• Rulemaking Authority 561.11, 561.26 FS. Law Implemented 561.14, 561.23, 561.26, 561.351, 562.12 FS. History–New 9-15-81, Formerly 7A-3.101, Amended 5-26-93, Formerly 7A-3.0101.

Fla. Admin. Code R. 61A-3.0111 Employment of Certain Persons by Vendors Prohibited, Fingerprinting

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.17(1), 562.13(3)(a) FS. History–New 1-28-80, Formerly 7A-3.111, 7A-3.0111, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.012 Licensed Premises at Airports

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.17(1), 562.02 FS. History–New 12-8-68, Amended 10-20-73, 12-19-74, Formerly 7A-3.12, 7A-3.012, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.013 Transit License

History

• Rulemaking Authority 561.11 FS. Law Implemented 565.02(2), (3) FS. History–New 12-19-74, Formerly 7A-3.13, 7A-3.013, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.0141 Special Food Service Licenses

(1) A qualifying food service establishment receiving a special food service license after April 18, 1972, must have a service area occupying 2,500 or more square feet. The required square footage shall include only the food service establishment’s buildings and other contiguous outside areas which are under the management and control of the licensed food service establishment.

(2) An applicant for a special food service license must hold the appropriate food service establishment license issued by the state agency with jurisdiction over the applicant prior to issuance of a temporary or permanent special food service license by the Division of Alcoholic Beverages and Tobacco.

(3) Records of each purchase and each sale of food, alcoholic beverages, and non-alcoholic beverages shall be maintained for a period of 3 years. The required records shall be legible and itemized and shall be made available upon request by the Division.

(4) The required revenue percentage shall be computed as the sum of gross food and non-alcholic beverage revenue divided by the sum of gross food, alcoholic beverage, and non-alcholic beverage revenue. For purposes of computing alcoholic beverage revenue, an alcoholic beverage shall be attributed the price of the product as offered for individual sale by the licensee.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.01(11), 561.17, 561.18, 561.19, 561.20(2)(a)4., 561.20(4), 561.29, 561.55 FS. History–New 8-23-90, Amended 5-19-91, 10-22-91, Formerly 7A-3.0141, Amended 9-13-16.

Fla. Admin. Code R. 61A-3.017 Management, Operation and Responsibility Licensed Premises

(1) All business conducted on the licensed premises under the beverage law shall be managed and controlled at all times by the licensee or managed by his authorized employee or employees.

(2) The term “employee,” as used herein, shall mean a person who receives a salary or wages for services performed, for and in behalf of a licensee, under the exclusive control and direction of the latter. It do not include a lessee, an independent contractor or any person employed by collateral agreement to independently manage and control the said business on the licensed premises.

(3) Indicia for determining whether a purported managerial contract conforms to this rule are as follows:

(a) The licensee must retain control of the operation of the business.

(b) Salary or wages must be paid by the licensee to the manager or employee for conduct of the business under the ultimate direction of the former.

(c) Social Security and Workers’ Compensation coverage must be paid and accounted for by the licensee.

(d) The licensee must be responsible for all debts of the business and legally entitled to all incomes therefrom. All alcoholic beverages for the business must be purchased in the licensee’s behalf and under the license covering the premises.

(e) The licensed premises must be operated for all purposes in the name of the licensee or his legal trade name as distinguished from the name or names of any other person or persons.

(f) The licensee must be responsible for all conduct of the business and the license involved must be subject to suspension and revocation for any illegal acts committed on the premises or under the beverage law.

(g) Complete ultimate authority for the hiring and dismissal of all employees on the premises must rest with the licensee.

(h) The licensee must be primarily responsible for the rent, utilities and insurance covering the premises, and all other incidental expenses occasioned in the operation of the business.

(i) The licensee must remain at all times responsible for the maintenance and proper operation of equipment on the premises.

(j) The contract must contemplate the formation of the relationship of principal and agent between the licensee and the employee within the limits defined and implied by the contract.

(k) A contract wherein the so-called employee or manager pays a fixed sum to the licensee whether from net profits or not would not create the employer-employee relationship as contemplated by the rule.

(4) Any agreement woven in such language so as to clothe or disguise the true character of a contract either as a lease or a managerial contract will be shorn in order to effect the intent and purpose of the law and rule in this regard. The Pole Star which will guide the Division in determining whether or not a purported agreement is a bona fide managerial contract as distinguished from a lease will depend upon who has ultimate over-all control and direction of the licensed premises under the terms of the agreement.

(5) All agreements concerning ownership or operation of an alcoholic beverage license shall be attached to and submitted with each new or transfer application for a license, including, but not limited to, management agreements, options to purchase, and retailer franchise agreements. Any such agreements coming into existence following the issuance of a new or transfer license shall be submitted to the Division within ten (10) days of execution.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.17(1), 561.29(1), 562.13 FS. History–Formerly 12-19-74, Amended 1-3-76, Formerly 7A-3.17, Amended 4-15-87, Formerly 7A-3.017.

Fla. Admin. Code R. 61A-3.018 Bowling Alleys, Special Licenses

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.20 FS. History–New 12-19-74, Amended 3-1-76, Formerly 7A-3.18, 7A-3.018, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.019 Club Licenses

All clubs licensed under the beverage law must adhere to the following regulations:

(1) Alcoholic beverages may be served only to bona fide club members or to their guests. The payment for such service and distribution must be made only by bona fide club members.

(2) Such clubs must have a definite fixed method of electing persons to membership in the club; such method must be described by the club’s bylaws and must have some relation to the object and purpose of the club.

(3) Such clubs may sell and serve alcoholic beverages to club members and their invited guests only within the license premises as described by such sketch appearing on the application.

(4) Spirituous beverages may be purchased only in individual containers which are not larger than 1.75 liters or 59.18 ounces nor smaller than 0.75 liter or 25.36 ounces.

(5) Such clubs are required to observe the same hours of sale as permitted other licensees in the same city or county, unless a special act, city ordinance or resolution of the board of county commissioners establishes different hours of service for holders of such club licenses.

(6) All service and distribution of alcoholic beverages by any such club must be for consumption on the premises only and no alcoholic beverages may be sold in sealed containers for off-premises consumption.

(7) Clubs are prohibited from selling or serving or permitting their service of alcoholic beverages at social functions given at the club by any non-member of the club.

(8) Clubs, in order to qualify, shall have been in continuous active existence devoted to promoting and pursuing the objectives provided by statute for a club for a period of not less than two years in the county where they exist, provided, however, the statutory exceptions as found in Section 565.02(4), F.S., shall not be affected by this subsection.

(9) It shall be shown conclusively that the organization has actively pursued the purposes and objectives and goals of the charter and bylaws of that organization prior to issuance of a club license.

(10) Nothing in this rule shall prohibit the sale of vinous or malt beverages in unsealed containers not otherwise prohibited by law for on-premises consumption only.

(11) If any club holding a beverage license shall change club officers, such club shall within 10 days of the change file an application with the district office of the Division of Alcoholic Beverages and Tobacco and give a declaration of current officers. Any newly elected officers who have not previously been fingerprinted by the Division must have their fingerprints taken by the Division within this 10 day period.

(12) Subsection (11) does not apply to club licenses issued to national fraternal organizations. For these licenses, instead of all officers, only the official club manager, club steward, or bar manager needs to file an application and be fingerprinted when there is a change.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.20(7), 565.02(4), 565.05, 565.06 FS. History–Amended 3-22-73, Repromulgated 12-19-74, Amended 3-1-76, 7-18-85, Formerly 7A-3.19, 7A-3.019.

Fla. Admin. Code R. 61A-3.020 Licenses, Change of Series

Any person, firm, or corporation holding a beverage license for which the annual fee has been paid in full may, upon qualifying for a license requiring a higher annual license fee, exchange it for the license requiring a higher annual license fee, upon payment of the difference between the annual rate of the first license purchased and the annual rate of the license desired; provided, however, all such transactions must be based upon the director’s approval of the application to make such transactions. Applications for such transactions must be submitted to the district supervisor of the district of the Division of Beverage wherein the premises of the license in question is located and must be processed in the manner prescribed in Sections 561.17, 561.18, and 561.19, F.S. No reimbursement will be made by the Division to a holder of a beverage license who desires exchanging it for a license requiring a lower annual license fee.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.17, 561.18, 561.19, 563.02, 564.02, 565.02, 565.03 FS. History–Formerly 12-19-74, Amended 3-1-76, Formerly 7A-3.20, 7A-3.020.

Fla. Admin. Code R. 61A-3.021 Licenses, Transfer of Ownership

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.17, 561.32, 561.321 FS. History–New 12-19-74, Amended 3-1-76, Formerly 7A-3.21, 7A-3.021, Repealed 1-20-97.

Fla. Admin. Code R. 61A-3.024 Alcohol Beveraghes, Breakage Returns

History

• Rulemaking Authority 403.7197, 561.02, 561.11 FS. Law Implemented 212.14, 212.15, 403.7197, 561.50, 563.05, 564.06, 565.12 FS. History–New 10-7-69, Amended 12-19-74, Amended 3-1-76, 1-28-80, Formerly 7A-3.24, 7A-3.024, Amended 2-24-94, Repealed 1-20-97.

Fla. Admin. Code R. 61A-3.026 Vehicle Permit

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.57, 562.07(2) FS. History–New 12-19-74, Formerly 7A-3.26, 7A-3.026, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.027 Deliveries by Licensees

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.57, 562.07(2) FS. History–New 3-26-66, Amended 12-19-74, 3-1-76, 11-30-76, 11-19-81, Formerly 7A-3.27, 7A-3.027, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.028 Carrier Delivery

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.14(3), 561.54, 561.20 FS. History–New 12-19-74, Amended 3-1-76, Formerly 7A-3.28, 7A-3.028, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.029 Importing

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.14(3), 561.54 FS. History–New 10-30-73, Amended 12-19-74, 3-1-76, Formerly 7A-3.29, 7A-3.029, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.030 Shipments into Dry Counties Prohibited

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.57, 562.20, 568.02, 568.03 FS. History–New 12-19-74, Formerly 7A-3.30, 7A-3.030, Repealed 8-26-98.

Fla. Admin. Code R. 61A-3.0305 Pool Buying Procedures

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.14(3), 561.08, 561.42 FS. History–New 1-20-97, Repealed 3-20-13.

Fla. Admin. Code R. 61A-3.031 Returns

History

• Rulemaking Authority 403.7197, 561.02, 561.11 FS. Law Implemented 212.14, 212.15, 403.7197, 561.42(1) FS. History–New 12-19-74, Formerly 7A-3.31, 7A-3.031, Amended 2-28-94, Repealed 1-20-97.

Fla. Admin. Code R. 61A-3.032 Alcoholic Beverages, Deposit for Future Purchases

(1) Vendors may make payment to distributors for alcoholic beverages prior to the time such alcoholic beverages are ordered or delivered. All such advance payments must be made by check, or other legal tender, and the distributor must deposit any such check, or legal tender, in his account on the next successive banking day after such payment is received.

(2) The distributor must maintain records for any vendor who makes such advance payments whereby any advance payments and any sales to the vendor will be posted daily and it will be possible to ascertain the balance on hand in the vendor’s account.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42 FS. History–Formerly 12-19-74, Amended 3-1-76, Formerly 7A-3.32, 7A-3.032.

Fla. Admin. Code R. 61A-3.033 Delinquency, Payment of

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(3) FS. History–Formerly 12-19-74, Formerly 7A-3.33, 7A-3.033, Repealed 8-1-12.

Fla. Admin. Code R. 61A-3.034 Delinquent List, Removal from

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(3) FS. History–New 12-19-74, Formerly 7A-3.34, 7A-3.034, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.035 Delinquent List

(1) In accordance with Sections 561.42(3) and (4), F.S., the Division will establish a list of delinqent vendor accounts, which will be referred to as the “delinquent list.” No vendor will be placed on or removed from the “delinquent list” unless the appropriate forms prescribed for that purpose have been properly executed and received by the Division in the Central Office at Tallahassee.

(2) All distributors of alcoholic beverages shall report to the Division all vendors that have been delinquent in the payment of their accounts for the purchase of alcoholic beverages. Each delinquent vendor shall be so reported on DBPR ABT 6034, DELINQUENT ACCOUNT REPORT, effective December, 2012, and incorporated herein by reference. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at http://www.flrules.org/Gateway/reference.asp?No=Ref-02626. The delinquent vendor shall be notified by the distributor at the time the report is filed with the Division. If purchases involved in the delinquency were made by a chain or pool buying group, the report shall so state and the agent for the pool buying group shall be notified in the same manner as any other vendor.

(3) Upon receipt of such reports, the Division will place the vendor on the delinquent list, in accordance with the provisions of Section 561.42, F.S. Vendors will be placed on the delinquent list for the invoiced amount and any additional fees imposed as a result of the delinquency or in the case of chain or pool buying group for the master invoiced amount and any additional fees imposed as a result of the delinquency, on purchases of alcoholic beverages only.

(4) Pool buying groups.

(a) If an individual member of a pool buying group makes a purchase outside of a pool order and the order results in a delinquency, the Division will not place the pool buying group on the delinquency list.

(b) If a pool buying agent places a pool order and the pool order results in a delinquency, the Division will place the entire pool group and each of its members, even those that did not participate in that particular order, on the delinquency list, and the entire pool group and each of its members will remain subject to the provisions of Section 561.42, F.S., until the pool buying group is released from the delinquent list. A member may request deletion from the pool buying group while the group is on the delinquency list and the Division may approve the deletion if the member provides documentation that it was not included in the particular purchase that caused the group to be placed on the delinquency list.

(5) Upon satisfaction of each delinquency the distributor shall report the release of such vendor on DBPR ABT 6035, DELINQUENT ACCOUNT RELEASE REPORT, effective December, 2012, and incorporated herein by reference. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at http://www.flrules.org/Gateway/reference.asp?No=Ref-02627. Upon notice of satisfaction of the delinquency, the Division shall remove the vendor from the delinquent list.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(3), (4), (5) FS. History–Formerly 12-19-74, Amended 3-1-76, Formerly 7A-3.35, 7A-3.035, Amended 5-5-13.

Fla. Admin. Code R. 61A-3.036 Settlements, Alcoholic Beverage Debts

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(3), (4), (5) FS. History–New 12-19-74, Amended 3-1-76, 11-28-76, Formerly 7A-3.36, 7A-3.036, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.037 Transfer of Stock Ownership

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.17, 561.18, 561.32 FS. History–New 10-7-68, Amended 2-8-69, 12-19-74, 3-1-76, Formerly 7A-3.37, 7A-3.037, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.039 Exceptions in Employment of Minors and Others

(1) As used in Section 562.13, F.S.:

(a) “Employ” means selecting a person to perform work for wages or tips who is subject to dismissal and control by the licensee. It shall also include permitting a person to work or the presence of any person in any place of employment during open hours who is not a customer.

(b) “Drugstores, grocery stores, department stores, florists, specialty gift shops, automobile service stations,” shall mean any premises for which a beer or beer and wine package only license is issued.

(c) “Senior high school student” shall mean any person who has completed the ninth grade and enrolled in the tenth, eleventh, or twelfth grade in a public or private school.

(d) “Senior high school graduate” shall mean any person who has been issued a high school or high school equivalency diploma.

(e) “Written permission” shall mean that the licensee has on the licensed premises a copy of the high school diploma or evidence that the person is a senior high school student.

(f) “Bona fide food service establishment” shall mean any premises issued a current and valid restaurant license from the Division of Hotels and Restaurants and which derives at least 51 percent of its total gross revenues from the retail sale of food and non-alcoholic beverages served for consumption on the premises on a bi-monthly basis.

(g) “Sale, preparation, and service of alcoholic beverages” shall not include cashier duties, whose sole job is accounting for guest checks and income, bussing tables, or general cleaning duties.

(2) Each licensed vendor who employes anyone under 18 years of age shall maintain on the licensed premises a position description that lists all of their duties.

(3) A licensed vendor is not prohibited from employing anyone under 18 years of age in a business which is not licensed to sell alcoholic beverages, or in the vendor's office, provided it is a separate premises and not connected to the licensed premises by an interior doorway.

(4) Chapter 450, Part I, F.S., set forth special restrictions when employing persons under the age of 18.

History

• Rulemaking Authority 561.11 FS. Law Implemented 562.13 FS. History–New 10-1-68, Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-3.39, 7A-3.039, Amended 2-28-94.

Fla. Admin. Code R. 61A-3.042 Wine Containers – Brand Identification

History

• Rulemaking Authority 561.11 FS. Law Implemented 562.061, 565.04 FS. History–New 11-18-72, Amended 12-19-74, Formerly 7A-3.42, 7A-3.042, Repealed 1-20-97.

Fla. Admin. Code R. 61A-3.043 Special Hotel, Motel, Motor Court and Condominium-owned Motor Court Minimum Requirements

(1) All hotel, motel and motor courts holding a license, in addition to quota limitations imposed by Section 561.20(1), F.S., and all hotel, motel, motor courts and condominium-owned motor courts, holding or applying for a license issued under Section 561.20(2), F.S., or any applicable special act must meet and maintain the minimum requirements for bona fide motel, hotel, motor court and condominium-owned motor courts.

(2) The following criteria will be used in determining whether an applicant for a special liquor license is a bona fide hotel, motel, motor court or condominium-owned motel or motor court:

(a) The business must be advertised and held out to the public to be a hotel, motel, motor court or condominium-owned motor court; and,

(b) All State, county and municipal licenses required by law for proper operation, must reflect hotel, motel, motor court or condominium-owned motor court; and,

(c) The premises shall establish and maintain daily, weekly and monthly rates, on all transient guest rooms, required to qualify for special hotel, motel, motor court or condominium-owned motor court license; and,

(d) The premises shall establish and maintain registration records and procedures, and the premises shall supply such services as commonly found in a bona fide hotel, motel, motor court or condominium-owned motor court, such as; linen, maid service, telephone, etc. All utilities such as gas, electric or telephone shall be under the name of the premises and paid for by same; and,

(e) The primary operation of such premises shall be the operation of a bona fide hotel, motel, motor court or condominium-owned motor court, and at all times maintain sufficient equipment for the operation of same, and at no time shall the premises be maintained solely for the purpose of sale and service of alcoholic beverages.

(3) Transient guest means “temporary occupancy” as a transient in a rental unit for less than six (6) months. Indications for determining whether an occupancy is temporary under this rule are as follows:

(a) All parties intend that the occupancy will last no longer than six (6) months from the beginning of the occupancy.

(b) No written document or oral agreement is executed or entered into between the parties, the terms of which clearly indicate an intention to enter into a lease agreement or lease type arrangement that lasts for more than six (6) months.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.20 FS. History–New 3-1-76, Formerly 7A-3.43, 7A-3.043.

Fla. Admin. Code R. 61A-3.046 Promotional Displays and Advertising

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(1), (12) FS. History–New 1-2-85, Formerly 7A-3.46, 7A-3.046, Repealed 1-20-97.

Fla. Admin. Code R. 61A-3.047 Exploitation of Dwarfs

History

• Rulemaking Authority 561.11, 561.665 FS. Law Implemented 561.665 FS. History–New 9-18-89, Amended 8-28-91, Formerly 7A-3.47, Repealed 7-5-95.

Fla. Admin. Code R. 61A-3.048 Exploitation of Dwarfs

(1) A dwarf is a person with the medical condition known as dwarfism. Dwarfism means a person of disproportionate or proportionate short stature most often caused by a genetic syndrome.

(2) It is unlawful for a licensee to promote, engage in, or permit any exploitative contest, promotion or other form of recreational activity which results in the endangerment of the health, safety or welfare of a dwarf on any premises licensed under the beverage law. Any activity described as dwarf-tossing is specifically included within those acts of exploitation prohibited by this rule.

(3) Nothing contained herein shall be construed to prohibit dwarfs from engaging in non-exploitative sporting or recreational events of the type engaged in by persons who are not dwarfs.

(4) The division is authorized to impose all the penalties set forth in Section 561.29 or 561.665, F.S., against the license of any entity found in violation of this rule.

History

• Rulemaking Authority 561.11, 561.665 FS. Law Implemented 561.665 FS. History-New 8-21-02.

Fla. Admin. Code R. 61A-3.049 Bottle Club Licenses

(1) Definition. A bottle club is:

(a) A commercial establishment;

(b) Operated for profit, whether or not a profit is actually made;

(c) A premises where alcoholic beverages are not sold but where patrons are allowed to consume alcoholic beverages on the premises; and,

(d) Located in a building or other enclosed or covered structure.

(2) The definition of a bottle club does not include:

(a) Sporting facilities where events sanctioned by nationally recognized regulatory athletic or sports associations are held.

(b) Bona fide restaurants licensed by the Division of Hotels and Restaurants, whose primary business is the service of full course meals. A public food service establishment licensed by the Division of Hotels and Restaurants is not conclusive in determining whether or not a public food service establishment is a bona fide restaurant. A bona fide restaurant is a premises that holds itself out to be primarily a restaurant, advertises as a full service restaurant, offers a complete menu as opposed to snacks or fast food, and meets all of the requirements of Rule 61A-3.0141, F.A.C., except for the requirement that 51 percent of the gross proceeds come from food and non-alcoholic beverages.

(c) Hotels and motels licensed by the Division of Hotels and Restaurants.

(3)(a) Owners or operators of bottle clubs must hold a bottle club license issued by the Division of Alcoholic Beverages and Tobacco. Applications for a bottle club license shall be made on DBPR ABT-6036, Division of Alcoholic Beverages and Tobacco Application for Bottle Club License and Retail Tobacco Products Dealer Permit, incorporated herein by reference and effective 2-26-91.

(b) A DBR form 42-050, PERSONAL QUESTIONNAIRE BOTTLE CLUBS, incorporated herein by reference and effective 2-26-91, must be completed by all applicants and persons directly connected with the business sought to be licensed.

(4) Bottle club licenses are subject to all of the pertinent laws, rules and regulations relevant to alcoholic beverages.

(5) Bottle club licensees may not purchase alcoholic beverages for subsequent sale to patrons nor may they sell alcoholic beverages to patrons.

(6) Bottle club licensees are subject to all general, special, and local laws regulating vendors of alcoholic beverages including laws or ordinances permitting the operation of bottle clubs after the hours of sale for alcoholic beverages have elapsed.

History

• Rulemaking Authority 561.11, 561.14 FS. Law Implemented 561.14, 562.121 FS. History–New 2-26-91, Formerly 7A-3.049.

Fla. Admin. Code R. 61A-3.050 Special Low-proof Products

Special low-proof products are defined as products which contain less than 6 percent alcohol by volume. Distilled, mixed, or fermented products which contain less than 6 percent alcohol by volume shall mean only those products sealed by the manufacturer and offered for sale to vendors through licensed distributors in the originally sealed containers.

History

• Rulemaking Authority 561.11 FS. Law Implemented 564.06(5), 562.02 FS. History–New 4-1-91, Formerly 7A-3.050, Amended 1-20-97.

Fla. Admin. Code R. 61A-3.051 Transfer of Quota License

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.19, 561.32 FS. History–New 2-28-94, Repealed 1-20-97.

Fla. Admin. Code R. 61A-3.052 Identification to Verify Age

(1) A licensee who has been cited in an administrative action for violations of Sections 562.11(1)(a) and 859.06, F.S., shall have a defense to any administrative action if the underage person falsely evidenced that he was of legal age to purchase the alcoholic beverage, cigarettes, or tobacco products or consume the alcoholic beverage product and the appearance of the person was such that an ordinarily prudent person would believe the person is of legal age to purchase or consume those products, and if the licensee attempted to verify the person’s age by checking one of the following forms of identification with respect to the person:

(a) A driver’s license, issued by any government agency, domestic or foreign, provided it includes a photograph;

(b) Identification cards issued by any state, provided it includes a photograph;

(c) Passports;

(d) An identification card issued by any branch of the United States military which shows the customer is currently serving in the United States Armed Services or is a family member of a person currently serving in the United States Armed Services.

(2) It is the responsibility of each licensee/permittee to provide and train their employees so that they will recognize or be able to compare an identification card presented by a customer with a facsimile of the legitimate identification card. The division shall advise any licensee who requests information about identification source materials where they can be purchased to assist in their training programs to determine if an identification card is genuine.

(3) No other type of identification will be recognized as mitigation if a licensee or a licensee’s employee sells, gives, or serves alcoholic beverages, cigarettes, or tobacco products to an underage person.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.29, 561.704, 561.705, 561.706, 562.11 FS. History–New 2-28-94.

Fla. Admin. Code R. 61A-3.053 Hardship for Extension to Activate Quota License

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.29 FS. History–New 2-28-94, Repealed 1-10-16.

Fla. Admin. Code R. 61A-3.054 Party-Type Supplies

(1) Party-type supplies shall only include the following:

(a) All dairy products;

(b) Ready to eat deli meats and cheeses, including those packaged by a manufacturer;

(c) Condiments;

(d) Sauces;

(e) Spices;

(f) Eggs;

(g) Chips, popcorn, and nuts;

(h) Crackers;

(i) Ingredients for salads, dips, and dressings;

(j) Cooked foods ready to eat;

(k) Bread;

(l) Candy;

(m) Fruit;

(n) Napkins, paper and plastic plates and cups, and eating and serving utensils;

(o) Wine and liquor opening, storage, and serving utensils and equipment;

(p) Publications relating to alcoholic beverage products and recipes;

(q) Items containing the logo, trade name, or trademark relating to alcoholic beverages;

(r) Gift wrapping accessories and greeting cards; and,

(s) Ice.

(2) A licensee may petition the division for permission to sell products other than those listed, provided the licensee can clearly show the item is to be used as a party-type supply. This petition shall be submitted to the director of the division at Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1020, and must be approved prior to selling or offering the item for sale.

(3) For the purpose of package store restrictions set forth in Section 565.04, F.S., merchandise shall not include services or sales authorized in the “Florida Public Lottery Act,” Chapter 24, F.S.

History

• Rulemaking Authority 561.11 FS. Law Implemented 565.04, 565.045 FS. History–New 2-28-94.

Fla. Admin. Code R. 61A-3.055 Items Customarily Sold in a Restaurant

As used in Section 565.045, F.S., items customarily sold in a restaurant shall only include the following:

(1) Food; or

(2) Beverages; or

(3) Souvenirs; or

(4) Gift cards or gift certificates.

History

• Rulemaking Authority 561.11 FS. Law Implemented 565.045 FS. History–New 12-20-94, Amended 5-2-23.

Fla. Admin. Code R. 61A-3.057 Catered Events Enforcement and Recordkeeping

(1) Any licensee catering an event using a 13CT license must prepare and maintain the Catered Event Form DBPR BLE-202, as part of the records for a catered event. In addition to the Catered Event Form DBPR BLE-202, any licensee who caters an event using a 13CT license must have the following information available for inspection at the location of the event:

(a) Contract;

(b) Customer’s name;

(c) Event location;

(d) Event date or dates; and

(e) Identity of licensee’s representative at the event.

(2) The Catered Event Form, DBPR BLE-202, effective May 1, 2025, incorporated herein by reference, may be obtained on the Division’s website at https://www2.myfloridalicense.com/alcoholic-beverages-and-tobacco/forms-and-publications/#1507126373827-6fd96ad1-b842, and at http://flrules.org/Gateway/reference.asp?No=Ref-18030.

History

• Rulemaking Authority 561.08, 561.11, 561.20(2)(a)(5) FS. Law Implemented 561.20 FS. History-New 7-1-25.

Chapter 61A-4 MANUFACTURERS AND DISTRIBUTORS

Fla. Admin. Code R. 61A-4.001 Licenses, Manufacturer-distributor

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.14(1), (2), 563.02, 564.02, 565.03 FS. History–Repromulgated 12-19-74, Formerly 7A-4.01, 7A-4.001, Repealed 2-28-94.

Fla. Admin. Code R. 61A-4.003 Delinquent Accounts, Reporting

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.01(10), 561.42(3),(4),(5) FS. Florida Beverage Corporation, Inc. et al. v. Wynne, 306 So. 2d 200 (Fla. 1st DCA 1975). History–Repromulgated 12-19-74, Amended 3-1-76, 11-28-76, 1-28-80, Formerly 7A-4.03, 7A-4.003, Repealed 8-1-12.

Fla. Admin. Code R. 61A-4.004 Distributors Prohibited from Accepting Personal Checks from Employees

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(3), (4), (5) FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.04, 7A-4.004, Repealed 7-5-95.

Fla. Admin. Code R. 61A-4.005 Brand Registration

(1) Each brand or label of spirituous beverages sold or offered for sale within the State of Florida or transported within the State of Florida must be registered with the Division and must have a brand registration number assigned to it by the Division. Requests for registration of brands shall be submitted on forms prescribed by the department for that purpose and in the manner prescribed by the Division.

(2) The manufacturer, distiller, rectifier, processor, blender, bottler, importer and distributor of each brand or label that is to be registered with the Division is responsible for its registration and for the payment of fees in connection with such registration; provided, however, nothing herein shall prevent a distributor or vender from disposing of a brand in the normal course of business if the brand’s registration has not been renewed subsequent to the purchase of the alcoholic beverage by the distributor or vendor.

(3) The registration of any brand or labels may be suspended or revoked in the same manner as a beverage license for any violation by the registrant or its agent of any of the beverage laws of the State of Florida or of any rules, regulations or administrative orders promulgated pursuant thereto. During the period of the suspension or revocation of the registration of any brand or brands or labels no distributor shall purchase, receive, bring into, or cause to be brought into the State of Florida any such brand or label. No brand under suspension or revocation may be re-registered by another registrant.

(4) The registration year for all brands or labels shall be from July 1 to June 30 inclusive of each year.

(5) Annual registration of brands shall be effected by additions to or deletions from the master list of the registrant for the previous year and by the payment of twenty ($20.00) dollars for each brand of label registered.

(6) Subsequent to the annual registration of brands or labels, any registrant desiring to register new brands or labels under which spirituous beverages are to be sold or offered for sale or transported within the State of Florida may register such brand or label on a registration form prescribed by the Division for that purpose and must make payment of twenty ($20.00) dollar registration fee for each such brand or label. The payment of the $20.00 registration fee shall be for the balance of the current registration year as set forth in subsection (4), above.

(7) Distributors or vendors are prohibited from possessing, dealing in, or exercising control over any spirituous beverages if the brand or label of such spirituous beverages has not been registered with the Division as provided by law. Any such spirituous beverages shall be seized by the Division and disposed of in a manner prescribed by law.

History

• Rulemaking Authority 561.11, 563.04, 564.04, 565.08 FS. Law Implemented 563.04, 564.04, 565.08, 565.095 FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.05, 7A-4.005.

Fla. Admin. Code R. 61A-4.006 Labeling, Alcoholic Beverages

History

• Rulemaking Authority 561.11 FS. Law Implemented 563.04 FS. History–Amended 3-1-76, 4-10-84, Formerly 7A-4.06, 7A-4.006, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.007 Salesmen Excluded as Vendors

No person employed by a distributor of alcoholic beverages in the capacity of a salesman may be issued a vendor’s license.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.22 FS. History–Repromulgated 12-19-74, Formerly 7A-4.07, 7A-4.007.

Fla. Admin. Code R. 61A-4.009 Monthly Reports

(1) On or before the 10th day of each month, manufacturers, distributors, brokers, sales agents, and importers of alcoholic beverages shall remit to the Division the appropriate excise taxes along with full and complete reports that reflect the details of all transactions for the previous month on the appropriate and applicable forms listed below:

(a) Form DBPR ABT 4000A-100, Alcoholic Beverage Distributor’s Monthly Report, effective 3/2022, incorporated herein by reference, and accessible via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or https://www.flrules.org/Gateway/reference.asp?No=Ref-13801;

(b) Form DBPR ABT 4000A-110, Liquor Distiller’s and Rectifier’s Monthly Report, effective 3/2022, incorporated herein by reference, and accessible via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or https://www.flrules.org/Gateway/reference.asp?No=Ref-13802;

(c) Form DBPR ABT 4000A-110CD, Craft Distillery Monthly Report, effective 3/2022, incorporated herein by reference, and accessible via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or https://www.flrules.org/Gateway/reference.asp?No=Ref-13803;

(d) Form DBPR ABT 4000A-125, Beverages Shipped To/Within Florida Monthly Report, effective 3/2022, incorporated herein by reference, and accessible via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or https://www.flrules.org/Gateway/reference.asp?No=Ref-13804;

(e) Form DBPR ABT 4000A-130, Vendor's Malt Manufacturing Monthly Report, effective 3/2022, incorporated herein by reference, and accessible via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or https://www.flrules.org/Gateway/reference.asp?No=Ref-13805;

(f) Form DBPR ABT 4000A-135, Beer Manufacturer’s Monthly Report, effective 3/2022, incorporated herein by reference, and accessible via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or https://www.flrules.org/Gateway/reference.asp?No=Ref-13808;

(g) Form DBPR ABT 4000A-140DW, Domestic Wine Manufacturer’s Monthly Report, effective 3/2022, incorporated herein by reference, and accessible via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or https://www.flrules.org/Gateway/reference.asp?No=Ref-13806; and

(h) Form DBPR ABT 4000A-140IW, Imported Wine Manufacturer’s Monthly Report, effective 3/2022 incorporated herein by reference, and accessible via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or https://www.flrules.org/Gateway/reference.asp?No=Ref-13807.

(2) The required monthly reports listed in subsection (1) above and the appropriate excise taxes shall be deemed to be filed in a timely manner when the Division receives the report and remittance by 11:59 p.m. on the 10th day of the month, or in those cases where the 10th falls on a Saturday, Sunday or legal holiday, monthly reports and remittances shall be accepted as timely filed if submitted to the Division on or before 11:59 p.m. on the following business day which is neither a Saturday, Sunday or legal holiday. As used in this rule, the term “legal holiday” refers to the same days designated in Section 110.117, F.S.

(3) Licensees who timely submit reports and excise taxes, as required in subsection (2) above, shall qualify for collection credits and allowances under the Beverage Law. Licensees who fail to timely report and remit excise taxes, as required in subsection (2) above, shall forfeit all rights and privileges of collection credits and allowances authorized by the Beverage Law, and shall be deemed delinquent.

History

• Rulemaking Authority 561.11, 563.09(10), 564.06(9), 565.03(8), 565.12(4) FS. Law Implemented 561.111, 561.221(3)(b), 561.49, 561.50, 561.55, 562.15, 563.05, 563.07, 563.09(6), 564.06, 565.03(5), 565.12, 565.13 FS. History–Repromulgated 12-19-74, Formerly 7A-4.09, Amended 8-20-87, Formerly 7A-4.009, Amended 3-22-22.

Fla. Admin. Code R. 61A-4.010 Reports, Out of State Shipments

All out of state manufacturers, importers and distributors who ship any alcoholic beverages into the State of Florida shall file a report of all such shipments with the Division on or before the 10th of each month for the previous month. Such reports shall be made on forms prescribed by the Division for that purpose and shall reflect the kind of beverages shipped into Florida, the date of shipment, the quantity shipped and the party to whom such alcoholic beverages were shipped and must include beverages shipped in Federal bond.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.54 FS. History–Repromulgated 12-19-74, Formerly 7A-4.10, 7A-4.010.

Fla. Admin. Code R. 61A-4.011 Inventory Forms, Spirituous, Vinous, and Malt Beverages

(1) Each manufacturer and distributor of spirituous, vinous, or malt beverages shall have printed or reproduced inventory forms listing each brand or label and size container of all spirituous, vinous, and malt beverages sold by such manufacturer or distributor. Such inventory form shall indicate the advance disposal fee status of each container and the number of units per case.

(2) Each such manufacturer or distributor shall be required to furnish the division’s office wherein such manufacturer distributor’s licensed place of business is situated and reporting, upon request, a sufficient supply of such inventory forms to be used in connection with the division’s audit of such manufacturer or distributor’s records.

History

• Rulemaking Authority 561.02, 561.11 FS. Law Implemented 561.55, 561.29(2) FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.11, 7A-4.011, Amended 2-24-94.

Fla. Admin. Code R. 61A-4.012 Spirituous Beverages, Distributor Ledger Records or Print-out of Electronic Data Processing Accounting Records

Each distributor of spirituous beverages must maintain at his licensed premises a ledger account or print-out of electronic data processing accounting records for each vendor to which sales of spirituous beverages are made. All sales to each vendor and all payment received from each vendor must be recorded on the ledger account or printout of electronic data processing accounting records as follows:

(1) Sales to Vendors: The date of sale, the number of the invoice covering the sale and the amount of the sale must be posted to the ledger account or printout of electronic data processing accounting record.

(2) Payments from Vendors: The date payment was received and the amount of payment must be posted to the ledger account or printout of electronic data processing accounting record.

(3) Such ledger accounts or printout of electronic data processing accounts must be retained by the distributor at his licensed premises for a period of three years.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.55 FS. History–Repromulgated 12-19-74, Amended 3-1-76, 6-27-76, Formerly 7A-4.12, 7A-4.012.

Fla. Admin. Code R. 61A-4.013 Malt Beverages, Differential Prices or Change of Prices

(1) If a manufacturer or distributor of malt beverages establishes differential prices or change of prices on such beverages according to the quantity sold, such manufacturer or distributor must file the differential prices or changes of prices with the Division giving ten (10) days notice before change of price becomes effective.

(2) If any such manufacturer or distributor operates branches and maintains a price structure that establishes different prices in said branches than the prices established at the parent place of business, price list for such branches and the parent place of business must be filed with the Division.

(3) If any such manufacturer or distributor establishes price differentials on the same quantity but in different counties, price lists should be filed by county.

(4) All price lists required to be filed in the following manner: original to central office of the Division at Tallahassee; duplicate to the appropriate district office.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(1), 563.065 FS. History–Repromulgated 12-19-74, Formerly 7A-4.13, 7A-4.013.

Fla. Admin. Code R. 61A-4.0131 Malt Beverages, Keg Deposits

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(1), 563.08 FS. History–New 6-13-77, Formerly 7A-4.131, 7A-4.0131, Repealed 9-20-16.

Fla. Admin. Code R. 61A-4.014 Alcoholic Beverages, Sale to Government Installations

Each licensed manufacturer or distributor making such tax free sales of alcoholic beverages shall attach to his monthly report a copy of all invoices or sales slips for each such tax free sale. The invoices or sales slips must be signed by a person authorized to receive and sign for such tax free beverages. The name of every person authorized to receive and sign for such tax free beverages must be filed with the appropriate district office of the Division of Beverage by the commanding officer of the armed services reservation concerned.

History

• Rulemaking Authority 561.11, 564.06(9) FS. Law Implemented 563.05, 564.06(8), 565.12 FS. History–Repromulgated 12-19-74, Amended 3-1-76, 9-5-84, Formerly 7A-4.14, 7A-4.014

Fla. Admin. Code R. 61A-4.017 Window Signs

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(11) FS. History–Repromulgated 12-19-74, Formerly 7A-4.17, 7A-4.017, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.018 Rental Between Vendor and Distributor Prohibited

It shall be considered a violation of Section 561.42, F.S., for any distributor to rent any property to a licensed vendor or from a licensed vendor if said property is used, in whole or part as part of the licensed premises of said vendor or if said property is used in any manner in connection with said vendor’s place of business.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(1) FS. History–Repromulgated 12-19-74, Formerly 7A-4.18, 7A-4.018.

Fla. Admin. Code R. 61A-4.019 Storage by Out-of-state Manufacturers or Distributors Prohibited

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.24 FS. History–Repromulgated 12-19-74, Formerly 7A-4.19, 7A-4.019, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.020 Storage Permits

(1) Distributors, vendors and cooperatives or pool buying vendors who require additional storage outside of their licensed premises must obtain a permit therefor. Such permits can be obtained from the Division without fee, provided that the storage room is located in the same county as the parent place of business of the licensee or agent of such cooperatives or pool buying vendors to whom the permit was issued. No such permits shall be issued to a structure which is or is a part of any residence or garage of a licensee.

(2) Such permits authorize the storage of alcoholic beverages only in sealed containers. Applications for such permits shall be made on Form DBPR ABT 6017, Application for Off-Premises Storage Permit, effective 10-2019, adopted and incorporated herein by reference. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, or the Division’s district office serving your area of interest whose contact information is provided on the Division website at http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/license-information/, or at https://www.flrules.org/Gateway/reference.asp?No=Ref-11171. The application shall be submitted to the district office in which the licensed place of business for which the permit is sought is located.

(3) The district office will prepare a permit showing the name of the licensee and the licensed premises the licensee owns and operates. The storage permit shall be conspicuously posted at the off-premises storage facility.

(4) The renewal of off-premises storage permits will be automatic and concurrent with the beverage license renewal. The permit shall remain in effect until cancelled by the licensee or Division. Upon a change in ownership of the beverage license which corresponds to the off-premises storage permit, the existing permit shall be cancelled by the Division.

(5) In the event a licensee discontinues the use of the off-premises storage permit, the permit shall be forwarded by the licensee to the district office in which the licensed place of business for which the permit is sought is located for cancellation.

(6) By acceptance of such storage permit, the licensee shall agree that the storage premises shall be subject to search by authorized employees of the Division, sheriffs, deputy sheriffs, and police officers during the hours such premise is occupied by the permittee or other persons.

History

• Rulemaking Authority 561.08, 516.11, 565.03(7) FS. Law Implemented 561.01(11), 561.08, 561.18, 562.03, 562.41, 565.03(3) FS. History–Repromulgated 12-19-74, Amended 3-1-76, 1-28-80, Formerly 7A-4.20, 7A-4.020, Amended 10-16-19.

Fla. Admin. Code R. 61A-4.021 Wine Bottlers, Storage Tanks

History

• Rulemaking Authority 561.11 FS. Law Implemented 564.02(2)(a) FS. History–Repromulgated 12-19-74, Formerly 7A-4.21, 7A-4.021, Repealed 8-26-98.

Fla. Admin. Code R. 61A-4.023 Shipments, for Consumption Outside of Florida

Manufacturers or distributors shipping or delivering alcoholic beverages for consumption outside the confines of the State of Florida must supply the Division with a copy of the bill of lading, must show type of beverages, amount by size container and gallonage of each type shipped by common carrier or licensees’ vehicles and a certificate from a representative of the appropriate regulatory agency of the jurisdiction into which the alcoholic beverages were shipped stating the shipment has been reported properly to that agency.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.49 FS. History–Repromulgated 12-19-74, Formerly 7A-4.23, 7A-4.023.

Fla. Admin. Code R. 61A-4.024 Distributors, Consignment Sales Prohibited

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(1), (6) FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.24, 7A-4.024, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.025 Delivery by Manufacturers

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(1), (6), 561.54 FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.25, 7A-4.025, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.026 Delivery of Carload Lots

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.54 FS. History–Repromulgated 12-19-74, Amended 3-1-76, 6-27-76, Formerly 7A-4.26, 7A-4.026, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.027 Shipment Out of State, Spirituous Beverages

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.49 FS. History–Repromulgated 12-19-74, Formerly 7A-4.27, 7A-4.027, Repealed 8-26-98.

Fla. Admin. Code R. 61A-4.028 Delivery or Imports into Florida

Any person, firm or corporation bringing or delivering into the State of Florida any alcoholic beverages in an amount exceeding one gallon (standard U.S. gallon) is required to report such deliveries to the Division of Beverage on forms prescribed for that purpose. Such reports shall show the name of the shipper and consignee, the brand and type of beverages being delivered and the quantity of alcoholic beverages being delivered. The quantity must be reported, either in gallons or cases, and if it is reported in cases, the report must show the number and sizes of bottles in each case.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.55(1), 562.20 FS. History–Repromulgated 12-19-74, Formerly 7A-4.28, 7A-4.028.

Fla. Admin. Code R. 61A-4.030 Deliveries to Vendors

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.14(1), 561.56, 561.57, 565.03(1) FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.30, 7A-4.030, Repealed 11-29-15.

Fla. Admin. Code R. 61A-4.031 Delivery to Vendors and Accumulated Discounts

Accrued, accumulative or retroactive discounts are prohibited by statute. Therefore, any discount given on the purchase of alcoholic beverages by a vendor must be given only on alcoholic beverages purchased in a single transaction. In order for quantity discounts on malt beverages to be granted, all of the quantity required to be purchased to qualify for the quantity discount must be delivered to a single location i.e., the total volume of malt beverages upon which the discount is based shall not be subdivided for delivery to multiple locations. However, the total quantity may be subdivided for delivery to a single licensed location or off-premise storage warehouse provided the total volume is delivered to that premise on a single day during the calendar week.

(1) Delivery of all alcoholic beverages purchased in a single transaction must be made during the same calendar week.

(2) Payment for alcoholic beverages purchased in a single transaction as defined by Rule 61A-1.006, F.A.C., must be made within the period of time prescribed by law.

(3) Any discount given a vendor for the purchase of alcoholic beverages shall be a cash discount and shall be reflected on the invoice covering such sale.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(6), 561.01(10) FS. History–Amended 7-20-64, 3-24-65, 11-17-70, Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.31, Amended 1-9-91, Formerly 7A-4.031.

Fla. Admin. Code R. 61A-4.033 Distributors, Deliveries without Additional Taxes

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.342(3) FS. History–Repromulgated 12-19-74, Formerly 7A-4.33, 7A-4.033, Repealed 8-26-98.

Fla. Admin. Code R. 61A-4.034 Samples, Excise Tax Deductions Prohibited

History

• Rulemaking Authority 561.11 FS. Law Implemented 563.05, 564.06, 565.12 FS. History–Repromulgated 12-19-74, Formerly 7A-4.34, 7A-4.034, Repealed 8-26-98.

Fla. Admin. Code R. 61A-4.036 Taxes, Payment for Employee Consumption

History

• Rulemaking Authority 561.11 FS. Law Implemented 563.05, 564.06, 565.12 FS. History–Repromulgated 12-19-74, Formerly 7A-4.36, 7A-4.036, Repealed 8-26-98.

Fla. Admin. Code R. 61A-4.0371 Excise Tax Deduction for Breakage and Spoilage of Alcoholic Beverages

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.55(1), 563.05, 564.06, 565.12 FS. History–New 3-1-76, Formerly 7A-4.371, Amended 7-1-87, Formerly 7A-4.0371, Amended 2-24-94, Repealed by Section 1, Chapter 1985-204, Laws of Florida.

Fla. Admin. Code R. 61A-4.040 Tax Free Beverages, Vessels or Aircraft

Manufacturers and distributors may sell alcoholic beverages to vessels or aircraft without payment of any of the taxes imposed on such alcoholic beverages under the beverage law, if the Federal Government permits such sales to be made without payment of Federal Excise taxes or if the Federal Government permits a refund of the Federal Excise Tax on such sales of alcoholic beverages. A copy of the evidence furnished to the Federal Government by the manufacturer or distributor for the purpose of securing a tax exemption or refund of tax payment on any such sale must be attached to the monthly report filed by the manufacturer or distributor.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.49 FS. History–Repromulgated 12-19-74, Formerly 7A-4.40, 7A-4.040.

Fla. Admin. Code R. 61A-4.041 Passenger Vessels Engaged in Foreign Commerce

Each vendor holding a passenger vessel permit is required to pay tax and surcharge, as applicable, for alcoholic beverages, cigarettes, and other tobacco products sold pursuant to Section 565.02(9), F.S., and such permittees must report and remit the tax and surcharge on a quarterly basis to the division in accordance with the provisions of this rule.

(1) As used in Section 565.02(9)(a)3., F.S., the term “departs” includes every instance a passenger vessel leaves a port in Florida, including instances where the port is neither the initial port nor the final port.

(2) As used in Section 565.02(9)(a)4.a., F.S., the term “affixed” means beds secured to the vessel in such a manner as to limit hazardous movement of the bed while in transit, no matter the form of attachment.

(3) Quarterly reports, including the payment of tax and surcharge, are due to the division on or before the 15th day of the month following the calendar quarter being reported. Permittees shall:

(a) Include each vessel’s total number of lower berths and embarkations during the reported calendar quarter.

(b) File quarterly reports using the division’s electronic filing system and remit payment via electronic funds transfer, unless otherwise directed by the division.

(c) Remit reports, taxes, and surcharge on or before the 15th day of the month after the calendar quarter for which the reports, taxes and surcharge are due. If the 15th day of the month is a Saturday, Sunday or legal holiday, remittance shall be made before the end of the next business day.

(4) For purposes of auditing quarterly reports, permittees shall provide access to records for inspection, and access to vessels for inspection, to any authorized employee of the division. Access to records and vessels shall be provided within 10 days of written request, or if the vessel is not accessible at a Florida port at the time of the request, within 10 days of the vessel’s return to a Florida port.

(5) Permittees offsetting any Florida tax or surcharge on alcoholic beverages, cigarettes, or other tobacco products for which tax or surcharge has already been paid by a licensed manufacturer or distributor shall provide documentation of payment with the quarterly report.

History

• Rulemaking Authority 561.11 FS. Law Implemented 210.161, 210.60, 562.41, 565.02(9) FS. History–New 3-15-17.

Fla. Admin. Code R. 61A-4.043 Invoice by Alcoholic Beverages K-LD License Series Distributors, Spirituous, Malt and Vinous Beverages

(1) Any sale of spirituous beverages made by a distributor to a vendor must be evidenced by an invoice or sales ticket which shall reflect the following information:

(a) Name and address of the distributor;

(b) Date invoice was prepared;

(c) Date of delivery;

(d) Whether merchandise was delivered by common carrier or distributor’s equipment;

(e) Identification of salesman making sale;

(f) Name, address and license number of the vendor to whom the merchandise was sold;

(g) Brand name, amount of cases and size of container in each case, or number of bottles and size of container in each case, or number of bottles and size of bottles and total gallons sold by each tax classification; provided, however, the gallonage tax breakdown is not required on the invoice if such information is retained elsewhere in the distributor’s records on a daily summary basis;

(h) Gross unit cost, amount of discount and net cost of each item of merchandise. Gross amount of the invoice, total amount of discount and net amount due; and,

(i) Date payment is due.

(2) Each distributor collecting and remitting an advance disposal fee on containers shall separately identify the amount of any advance disposal fee imposed on the invoice or other form of accounting of the transaction submitted by the distributor to a vendor to which such container is sold or distributed. Such total advance disposal fee due shall be separately identified on the invoice by stating “Advance Disposal Fee” or using the abbreviation “ADF” or other abbreviations or statements approved in writing by the division. Separate lines may identify the items on the sales or credit invoices subject to the Advance Disposal Fee.

(3)(a) Invoices or sales tickets shall be used by distributors for the sale and delivery of malt, vinous, and spirituous beverages to vendors. A distributor may elect to use a separate invoice for each type of beverage or may use a single invoice for all items sold and including non-alcoholic merchandise.

(b) In the event that a distributor elects to bill sales of more than one type of alcoholic beverage (spirituous, vinous, malt) on a single invoice, the invoice must contain the same information that is furnished on a separate invoice prepared for each type of beverage.

(4) A master invoice must be prepared for all alcoholic beverages purchased in a single transaction by cooperative or pool buying vendors, or chain vendors.

(5)(a) If a distributor engages in multiple deliveries not in violation of Section 561.42, F.S., or these rules, he must:

1. Prepare a master invoice for all alcoholic beverages purchased in the single transaction reflected by the invoice, or

2. Prepare separate invoices or delivery tickets for each place where merchandise is to be delivered. Such separate invoices or delivery tickets shall clearly indicate thereon that the shipment is part of a single transaction. All separate invoices or delivery tickets relating to a single transaction shall be attached to each other and filed as required by other provisions of this rule.

(b) Invoices or sales tickets must be signed by the vendor or his authorized agent at the time the delivery of the merchandise covered by the invoice is made. A copy of the invoice or sales ticket must be furnished to the vendor at the time of delivery. The vendor must keep the invoice or sales ticket as part of his accounting records for a period of 3 years.

(c) The signed invoice or sales ticket must be kept by the distributor in customer files for a period of 3 years from the date of delivery. An additional copy of each invoice or sales ticket must be filed numerically and by calendar month and kept for a period of 3 years. These invoices or sales tickets must be kept on the licensed premises of the distributor as part of his accounting records.

(6) A quantity discount may be applied in the case of malt beverage sales only on the basis of the quantity of malt beverage delivered to a single location. It shall be considered a violation of Section 561.42, F.S., for a quantity discount to be applied to the total quantity of malt beverage delivered to more than one location pursuant to a master invoice.

History

• Rulemaking Authority 561.11 FS. Law Implemented 212.14, 212.15, 561.14, 561.55, 563.08, 561.42 FS. History–Amended 7-25-66, 2-24-67, 10-20-72, Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.43, Amended 1-9-91, Formerly 7A-4.043, Amended 2-24-94.

Fla. Admin. Code R. 61A-4.044 Loading Sheets, Beer and Wine Trucks

All manufacturers and/or distributors of beer and wine shall require drivers of trucks distributing beer and wine to vendors to carry a copy of a loading sheet or manifest showing the date the truck was loaded and the number of cases or containers loaded thereon. Manufacturers and/or distributors shall retain file copies of such loading sheets or manifests for a period of three years after their issuance; and such records shall be open to inspection by authorized employees of the Division. No alcoholic beverage may be transported by a manufacturer or distributor unless it is accounted for by a loading sheet, manifest or invoice accompanying the shipment or delivery.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42, 561.55, 563.08 FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.44, 7A-4.044.

Fla. Admin. Code R. 61A-4.045 Invoice by Alcoholic Beverages J-DBW and J-DB License Series Distributors, Malt Beverages and Wine

(1) Each manufacturer, distributor, broker, sales agent or importer of malt beverages must complete a sales ticket or invoice at the time of sale and delivery of any such malt beverages. Such sales ticket or invoice must have the following information written or printed thereon:

(a) Date;

(b) Name and address of the manufacturer, distributor, broker, sales agent or importer making the sale;

(c) The name, address and license number of the purchaser;

(d) The number of cases of malt beverages sold;

(e) The price charged per case; and,

(f) The total price paid for the total amount of merchandise listed on the invoice.

Charges made for deposits collected and credits allowed for empty containers returned must be shown separately on all such sales tickets or invoices. A copy of such sales tickets or invoices must be given to the purchaser at the time of delivery.

(2) Each manufacturer, distributor, broker, sales agent or importer of vinous products must complete a sales ticket or invoice at the time of sale and delivery of any such wines. The sales tickets or invoices must have the following information written or printed thereon:

(a) Date;

(b) Name and address of the manufacturer, distributor, broker, sales agent or importer making the sale;

(c) The name, address and license number of the purchaser; and

(d) The number of cases of wine sold and the price paid therefore.

The sales ticket or invoice must be signed by the purchaser or his authorized agent at the time delivery is made. A copy of such sales ticket or invoice must be given to the purchaser at the time of delivery.

(3) Each distributor collecting and remitting an advance disposal fee on containers shall separately identify the amount of any advance disposal fee imposed on the invoice or other form of accounting of the transaction submitted by the distributor to a vendor to which such container is sold or distributed. Such total advance disposal fee due shall be separately identified on the invoice by stating “Advance Disposal Fee” or using the abbreviation “ADF” or other abbreviations or statements approved in writing by the division. Separate lines may identify the items on the sales or credit invoices subject to the Advance Disposal Fee.

(4)(a) All such sales tickets or invoices must be kept on file at the licensed premises of each manufacturer, distributor, broker, sales agent and importer for a period of 3 years from the date shown on such sales tickets or invoices and shall be opened to inspection by an authorized employee of the division during regular business hours.

(b) Provided, however, that if any such licensed entity requests in writing for permission to store records off the licensed premises, and states the reasons for such request, the sales tickets and invoices of any such licensee may be maintained at another location designated by it and approved by the division. The location designated by such licensee will be approved if it is so situated that said sales tickets and invoices can be made available to the division within 14 days of demand for same by the division.

(5) Failure by any licensee to produce such records for inspection within 14 days of demand shall result in the revocation of the privilege to store records at a location other than the licensed premise.

(6) Approval of the division of a location for the storage of sales tickets and invoices must be in writing and may be obtained by a written request to the Chief, Bureau of Licensing and Records, Division of Alcoholic Beverages and Tobacco.

(7)(a) Invoices or sales tickets shall be used by distributors for the sale and delivery of malt, vinous, and spirituous beverages to vendors. A distributor may elect to use a separate invoice for each type of beverage or may use a single invoice for all items sold including non-alcoholic merchandise.

(b) In the event that a distributor elects to bill sales of more than one type of alcoholic beverage, that is spirituous, vinous, or malt on a single invoice, the invoice must contain the same information that is furnished on a separate invoice prepared for each type of beverage.

(8) A master invoice must be prepared for all alcoholic beverages purchased in a single transaction by cooperative or pool buying vendors or chain vendors where the merchandise is purchased in a single transaction.

(9) If a distributor engages in multiple deliveries not in violation of Section 561.42, F.S., or these rules, he must:

(a) Prepare a master invoice for all alcoholic beverages purchased in the single transaction reflected by the invoice, or

(b) Prepare separate invoices or delivery tickets for each place where merchandise is to be delivered. Such separate invoices or delivery tickets shall clearly indicate thereon that the shipment is part of a single transaction. All separate invoices or delivery tickets relating to a single transaction shall be attached to each other and filed as required by other provisions of this rule.

History

• Rulemaking Authority 561.11 FS. Law Implemented 212.14, 212.15, 561.14, 562.21, 562.22, 561.42, 561.55, 563.08 FS. History–Amended 7-21-65, 12-20-73, Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-4.45, Amended 3-5-86, Formerly 7A-4.045, Amended 2-24-94.

Fla. Admin. Code R. 61A-4.046 Alcoholic Beverages, Samples, Withdrawals

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42 FS. History–Repromulgated 12-19-74, Amended 3-1-76, 11-20-85, Formerly 7A-4.46, 7A-4.046, Repealed 8-1-12.

Fla. Admin. Code R. 61A-4.0461 Discounts, Alcoholic Beverages

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.01(10), 561.42(1),(6) FS. History–New 3-1-76, Formerly 7A-4.461, Amended 1-9-91, Formerly 7A-4.0461, Repealed 8-1-12.

Fla. Admin. Code R. 61A-4.0471 Discounts, Recors, Deal Sheets

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.01(10), 561.42 FS. History–Repromulgated 3-1-76, Formerly 7A-4.471, 7A-4.0471, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.049 Wine Further Defined

History

• Rulemaking Authority 561.11 FS. Law Implemented 564.04(1) FS. History–Repromulgated 2-8-69, Amended 12-19-74, Formerly 7A-4.49, 7A-4.049, Repealed 8-26-98.

Fla. Admin. Code R. 61A-4.050 Cooperative or Pool Buying By Vendors

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.01(10), 561.14(3), 561.42(1)-(6), (8), 561.55, 561.57 FS. History–Repromulgated 12-19-74, Amended 3-1-76, 1-28-80, Formerly 7A-4.50, 7A-4.050, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.0501 Pool Buying – Definition; Creation; Procedures; Record Keeping; Restrictions

(1)(a) “Pool buying” shall mean the combining of orders into a single transaction, by two or more vendors, who are members of a cooperative or pool buying group approved by the Division of Alcoholic Beverages and Tobacco, for the purpose of maximizing purchasing power.

(b) “Members of a pool buying group” shall mean only those licensees reported by the pool buying agent and approved by the Division.

(c) “Pool buying agent” shall mean the vendor designated as such by the pool buying group in a pool buying agreement. A pool buying agent must be licensed as a vendor in this state and authorized by its license to purchase the types of alcoholic beverages which the agent orders on behalf of the group.

(2) There shall be no sales or transfers of alcoholic beverages between members of a pool buying group, except for product purchased as part of a pool order and documented in accordance with paragraph (5)(b) of this rule. Warehousing of pool orders by the buying agent shall be done in accordance with subsection (6) of this rule.

(3) Pool Buying Agreements.

(a) Prior to operating as such, a pool buying group shall file with the Division a copy of the agreement under which group will operate. The Division shall review the agreement and, if the requirements of applicable law and rules are met, shall approve the agreement.

(b) Any proposed amendment to a pool buying agreement shall be filed with and must be approved by the Division in the same manner as the original agreement, before the proposed amendment shall be effective.

(c) Pool buying agreements shall include the name and address of the pool buying group, the name of the buying agent for the group, and for each member, the licensee’s name, business name, license number and the date each licensee joined the group.

(d) A member of the pool buying group shall not be eligible to place an order with the group until the member has first executed the pool buying agreement and the licensee’s name, business name, license number and date of membership have been filed with and approved by the Division.

(4) Procedures.

(a) All changes, additions, and deletions to Pool Buying groups shall be made using form DBPR ABT-6010, APPLICATION FOR CHANGES TO POOL BUYING GROUPS, effective May 2012, and incorporated herein by reference. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html, or http://www.flrules.org/gateway/reference.asp?No=Ref-01641.

(b) Upon the transfer, suspension or revocation of any alcoholic beverage license held by a member of a pool buying group, the Division shall delete such licensee from membership in the pool buying group.

(c) Individual members of a pool buying group must place their orders with and remit their payment to the pool buying agent. Payments shall be made payable to the pool buying agent or the distributor. Distributors of alcoholic beverages may accept pool orders and payment therefor only from the designated buying agent of a pool buying group.

(d) All pool buying orders shall be placed in the following manner:

1. All pool buying orders for alcoholic beverages shall be ordered from distributors by the pool buying agent.

2. The pool buying agent shall place the order under the name of the pool buying group and indicate each licensed vendor’s part of the pool order.

3. Each distributor and pool buying agent shall be responsible for keeping the individual invoices for each member’s portion of the pool buying order. The master invoice shall include all alcoholic beverages ordered, and shall be in compliance with subsection 61A-4.0501(5), F.A.C., and shall refer to each associated invoice supporting the master invoice.

4. Records of purchases made between vendors as permitted by Section 561.14(3), F.S., shall be maintained by all parties to the transaction and shall be in compliance with subsection 61A-4.0501(5), F.A.C.

(e) The pool buying group and all members thereof shall be considered delinquent accounts and reported to the division as required by Section 561.42, F.S., when any payment is not timely made for a pool buying order.

(5) Record Keeping.

(a) The distributor shall prepare and keep a master invoice which identifies the total pool order placed by the pool buying agent and separately identifies each pool order member’s portion of the total pool order by setting forth the name of the pool buying agent making the order and the information set forth in Rule 61A-4.043, F.A.C. Distributors and pool buying agents must keep invoices for pool purchases for a period of 3 years. The invoices must include, for each pool order:

1. The date and the name of the distributor with whom it was placed.

2. The names and license numbers of each pool member participating in the pool order.

3. The brand, size and quantity of alcoholic beverages ordered by each pool member.

4. The cost to each member for its share of the pool order and any vinous and spirituous beverage discount given on the pool order.

(b) Sale of alcoholic beverages ordered as a part of a single pool order from a vendor who received the products shall be considered a purchase between members of a pool buying group, provided a record of the transaction is made by the vendor transferring the products to another vendor and retained by both vendors for a period of 3 years from the date of transfer. This record shall include:

1. Business name and license number of each vendor;

2. Names, sizes, and quantities of products transferred;

3. Date of original delivery of products from the pool order;

4. Date physical transfer of products was made;

5. Unique identifier that links the record with the pool order.

(c) Upon written request, a pool buying agent must make available for inspection all papers and reports related to pool orders, purchases, and payments within 10 days to any division employee.

(6) The pool buying agent may store or warehouse any portion of an individual pool member’s purchase. However, the pool buying agent may not warehouse any alcoholic beverages off its licensed premises without first applying for and receiving from the Division an off-premises storage permit.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.01(10), 561.14(3), 561.42 FS. History–New 12-3-84, Amended 3-17-85, Formerly 7A-4.501, 7A-4.0501, Amended 10-3-12.

Fla. Admin. Code R. 61A-4.051 trade Spending

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42 FS. History–Repromulgated 3-1-76, Formerly 7A-4.51, 7A-4.051, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.052 Unlawful Warehousing

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42 FS. History–Repromulgated 3-1-76, Formerly 7A-4.52, 7A-4.052, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.053 Distributors, Assiance and Service to Vendors

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42, 561.423 FS. History–Repromulgated 3-1-76, Formerly 7A-4.53, Amended 1-9-91, Formerly 7A-4.053, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.054 Spirituous Beverage Container Limit

History

• Rulemaking Authority 561.11 FS. Law Implemented 565.10 FS. History–Repromulgated 3-1-76, Amended 3-8-84, Formerly 7A-4.54, 7A-4.054, Repealed 7-5-95.

Fla. Admin. Code R. 61A-4.056 Primary American Source of Supply

(1) One primary American source of supply shall be designated for each brand of spirituous liquors and wines handled in this state by any Florida distributor. The manufacturer or owner of the spirituous liquor or wine at the time the same became a marketable product shall designate the primary American source of supply and such primary American source of supply shall file a registration application with the Division on forms provided by the Division. Each brand of such spirituous liquor or wine shall be individually listed on such registration.

(2) No manufacturer, owner, agent of such person or primary American source of supply shall ship or cause to be shipped into Florida nor shall any Florida distributor receive any spirituous liquors or wines unless the primary American source of supply for such spirituous liquor or wine has filed an application for registration as primary American source which application has been approved by the Division.

(3) The Division shall register only one primary American source of supply for any one brand of spirituous beverages or wine.

(4) Distributors licensed in the State of Florida shall not purchase, receive or be in possession of any spirituous liquors or wines unless the same were obtained directly from a registered primary American source of supply and the invoice to the distributor for such product is from the registered primary American source of supply.

(5) Nothing in this rule shall prohibit subsequent intrastate sales, transfer, and invoicing of spirituous liquor or wine between licensed Florida distributors.

(6) It shall be the responsibility of the primary American source to report on forms provided by the Division all shipments of product to any Florida distributors and to provide copies of invoices going to such distributors.

History

• Rulemaking Authority 561.11 FS. Law Implemented 564.045, 565.095 FS. History–New 8-31-83, Formerly 7A-4.56, 7A-4.056.

Fla. Admin. Code R. 61A-4.058 Promotional Displays and Advertising

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.42(1), (12) FS. History–Repromulgated 1-2-85, Formerly 7A-4.58, 7A-4.058, Repealed 1-20-97.

Fla. Admin. Code R. 61A-4.061 Malt Beverages; Exclusive Sales Territories

(1) Each licensed distributor that sells or delivers malt beverages is required to file all formal written sales territory agreements prior to selling or delivering any brand or brands of malt beverages to vendors.

(a) Each licensed distributor that has an oral sales territory agreement that was in effect prior to July 6, 1988 shall file a letter of notification to the division that such an oral agreement is in effect, which shall include the following information:

1. The name of the brand or brands covered in the agreement;

2. The name of the parties to the agreement;

3. The effective date of the agreement; and

4. The expiration date of the agreement.

(b) Agreements shall be filed with the division’s field offices or the Bureau of Licensing and Records.

(c) The division shall not initiate any administrative remedies against manufacturers, importers, or distributors if sales territory agreements were in effect prior to July 6, 1988, and allowed more than one distributor to sell or deliver malt beverages to vendors in the same sales territory.

(d) Licensed distributors shall report any brand or brands of malt beverages received from a manufacturer or importer for which no letter or formal written agreement has been filed with the division prior to selling or delivering the products to a licensed vendor.

(2) In the event an exclusive sales territory agreement for malt beverages is modified by agreement between a manufacturer or importer and a licensed distributor, the affected distributor shall, within 30 working days, provide such modified agreement to the division.

(3) Each applicant for a license to distribute malt beverages, shall file with the application for licensure a copy of all exclusive sales territory agreements in existence at the time of the application.

(4) Manufacturers and importers shall provide a copy of all formal written agreements specifying exclusive sales territories for malt beverage products to their distributors prior to shipping or causing to be shipped any brand or brands of such products into the state unless the invoice clearly notes “Not for sale to vendors in the State of Florida.”

(5) Agreements in effect prior to July 6, 1988 may be subject to judicial review to resolve complaints and interpretation.

History

• Rulemaking Authority 561.11 FS. Law Implemented 563.021 FS. History–New 10-31-89, Formerly 7A-4.061, Amended 8-25-93.

Fla. Admin. Code R. 61A-4.063 Alcoholic Beverage Surcharge Implemented for Consumption-on-Premises Vendors

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.501 FS. History–New 1-15-91, Amended 11-4-91, 12-22-92, Formerly 7A-4.063, Repealed 6-7-12.

Chapter 61A-5 APPLICATIONS, FORMS, AND REQUIREMENTS

Fla. Admin. Code R. 61A-5.001 Obtaining of Forms

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.08, 561.11 FS. History–New 2-16-89, Formerly 7A-5.001, Repealed 8-1-12.

Fla. Admin. Code R. 61A-5.0011 Application for Vehicle Permits

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.17, 561.57, 562.07 FS. History‒New 11-27-13, Repealed 9-20-16.

Fla. Admin. Code R. 61A-5.0012 Application for Mortgagee’s Interest in Spirituous Alcoholic Beverage License; Request for Alcoholic Beverage Lien Search

(1) To request a lien search for a spirituous alcoholic beverage license complete DBPR ABT-6023 Request for Alcoholic Beverage LICENSE Lien Search, effective February 2013, adopted and incorporated herein by reference. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03359.

(2) To file a lien or security interest in a spirituous alcoholic beverage license which may be enforceable against the license, the party which holds the lien or security interest, within 90 days of the date of creation of the lien or security interest, shall record the same with the division. An application must be filed on DBPR ABT-6022, Application for Mortgagee’s Interest in Spirituous Alcoholic Beverage License, effective July 2013, adopted and incorporated herein by reference. This form may be used to file one of the following:

(a) New Lien;

(b) Lien Assignment/Assumption;

(c) Lien Renewal/Extension;

This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03330. Application must be complete and requirements furnished in accordance with the list of license application requirements.

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.17, 561.32, 561.65 FS. History‒New 11-27-13.

Fla. Admin. Code R. 61A-5.0013 Application for Temporary Permit or Special Sales License

(1) Temporary Permit (ODP) – A bona fide nonprofit civic organization, charitable organization, municipality, or county may apply for a temporary permit to sell alcoholic beverages for consumption on the premises only, for a period not to exceed three days. Such bono fide nonprofit civic organizations, charitable organizations, municipalities, or counties may be issued up to twelve permits per calendar year unless otherwise authorized by special act.

(a) Municipalities and counties must first attempt to solicit a qualified nonprofit civic or charitable organization to conduct such sales prior to requesting the temporary permit.

(b) Municipalities and counties must donate all profits from the sales of alcoholic beverages collected during the permitted event to a nonprofit civic or charitable organization within 90 days after the permitted event.

(c) Nonprofit or civic organizations must retain all profits from sales of alcoholic beverages collected during the permitted event.

(2) Records of all alcoholic beverage purchases and sales for each event must be maintained for a period of three years, including documentation by the municipalities and counties to evidence efforts to solicit a qualified nonprofit civic or charitable organization to conduct the alcoholic beverage sales, or the donation of all net profits collected during the permitted event to a nonprofit civic or charitable organization within 90 days after the permitted event.

(3) Special Sales License (SSL) – A person or organization may be issued a Special Sales License to sell alcoholic beverages by the package only for the limited circumstances and time periods authorized by section 561.20(12)(a), F.S.

(4) To obtain a Temporary Permit or Special Sales License, an application must be filed on DBPR ABT-6003, APPLICATION FOR TEMPORARY PERMIT OR SPECIAL SALES LICENSE, effective 9/1/19, and adopted and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district offices serving your area of interest, or may be accessed electronically at http://www.flrules.org/Gateway/reference.asp?No=Ref-10914.

History

• Rulemaking Authority 561.08, 561.11, 561.17, 561.422 FS., Chapters 2007-302, 2008-294, 2009-262, 2010-251, 2010-252, 2011-260 Laws of Florida. Law Implemented 561.17, 561.20(12), 561.422, 562.41 FS., Chapters 2007-302, 2008-294, 2009-262, 2010-251, 2010-252, 2011-260, 2012-244 Laws of Florida. History‒New 11-27-13, Amended 9-1-19.

Fla. Admin. Code R. 61A-5.0014 Application for Change to a Licensed Legal Entity

When permitted by law a licensee may make changes to the internal structure or amend the name of the licensed legal entity. An application must be filed with the Division on DBPR ABT-6004, Application for Change to a Licensed Legal Entity, effective August 2013, adopted and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03333.

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.17, 561.32, 562.41 FS. History‒New 11-27-13.

Fla. Admin. Code R. 61A-5.0015 Application for Importer or Broker Sales Agent License

Any person before engaging in the business of importing or acting as a broker or sales agent for alcoholic beverages must file an application on DBPR ABT-6008, APPLICATION FOR Importer or Broker Sales Agent License, effective August 2013, adopted and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03334.

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.14(4), (5), 561.17, 561.181, 561.351, 562.41 FS. History‒New 11-27-13.

Fla. Admin. Code R. 61A-5.0016 Application for Common Carrier License; Application for Passenger Vessel Permit

(1) Operators of railroad lines, steamships, buses, and airplanes which operate and engage in the sale of alcoholic beverages within this state must file an application for licensure on DBPR ABT-6020, APPLICATION FOR COMMON CARRIER LICENSE, effective August 2013, adopted and incorporated herein by reference.

(2) Passenger Vessels engaged exclusively in foreign commerce and which operate and engage in the sale of alcoholic beverages within this state must file an application for licensure on DBPR ABT-6021, APPLICATION FOR PASSENGER VESSEL PERMIT, effective August 2013, adopted and incorporated herein by reference.

(3) The applications must be completed in accordance with the list of license requirements contained in the application instructions. The forms listed in this rule are available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03335 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03336.

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.17, 562.41, 565.02 FS. History‒New 11-27-13.

Fla. Admin. Code R. 61A-5.0017 Application for Extension or Amended Sketch of Licensed Premises

In order to file a change or alter the sketch of licensed premises that was previously approved by the division an application must be filed on DBPR ABT-6029, APPLICATION FOR EXTENSION OR AMENDED SKETCH OF LICENSED PREMISES, effective August 2013, adopted and incorporated herein by reference. This form may be used to request a:

(1) Temporary Extension; or

(2) Permanent Extension; or

(3) Amended Sketch.

The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03337.

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.01(11), 562.41, 565.02(1)(g) FS. History‒New 11-27-13.

Fla. Admin. Code R. 61A-5.0018 Application for Alcoholic Beverage Exporter Registration

Any person engaged in the sale of alcoholic beverages outside the state must register with the Division on form DBPR ABT-6026, APPLICATION FOR ALCOHOLIC BEVERAGE EXPORTER REGISTRATION, incorporated herein by reference and effective August 2013, adopted and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03338.

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.01(16), 561.14(7), 561.17(4), 562.12(2) FS. History‒New 11-27-13.

Fla. Admin. Code R. 61A-5.010 Application; Transfer Fee

(1) An application for new licensure shall be filed on DBPR ABT 6001, APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE, effective February 2013, and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at https://www.flrules.org/gateway/reference.asp?NO=Ref-02635.

(2) An application for transfer of ownership of an existing license shall be filed on DBPR ABT 6002, APPLICATION FOR TRANSFER OF AN ALCOHOLIC BEVERAGE LICENSE AND NEW TOBACCO PERMIT, effective February 2013, and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at https://www.flrules.org/Gateway/reference.asp?No=Ref-02636. An applicant for transfer of a quota liquor license shall also provide records of gross sales of alcoholic beverages for the past 3 years, which the division will utilize to compute the applicable transfer fee. An applicant for transfer of a quota liquor license may elect to pay a $5,000 transfer fee, in lieu of providing such records. This transfer fee shall be paid in addition to any other applicable transfer fees provided by general law and is subject to the following provisions:

(a) If the quota liquor license has been transferred by court order or certificate of title during the past 3 years, the applicant shall provide records of gross sales of alcoholic beverages from the date of such transfer. In lieu of providing these records, the applicant may elect to pay a $5,000 transfer fee. For each month prior to the date of the court order or certificate of title, the applicant shall be entitled to claim zero gross sales of alcoholic beverages for purposes of calculating the transfer fee. If the quota liquor license has been transferred by court order or certificate of title in the past 3 years and there have been no gross sales of alcoholic beverages since the date of such transfer, there shall be no transfer fee.

(b) In an effort to assist applicants in establishing gross sales for the past 3 years, the Division shall attempt to obtain from the Department of Revenue records of gross sales of any prior licensee, except the immediate transferor, who held the license during the past 3 years. In the event the quota liquor license was transferred by court order of certificate of title during the past 3 years, the Division will not attempt to obtain records of gross sales prior to the date of such transfer. Notwithstanding this provision, it remains the applicant’s burden to establish gross sales of alcoholic beverages for the past 3 years. In lieu of establishing such gross sales, the applicant may elect to pay $5,000 transfer fee.

(c) The applicant is not required to provide records of gross sales of alcoholic beverages for any month in which the quota liquor license was in Division-approved inactive status for the entire month, and the applicant shall be entitled to claim zero gross sales of alcoholic beverages for each such month.

(d) The applicant shall be entitled to claim zero gross sales of alcoholic beverages for any month in which a prior licensee did not have an open sales tax account with the Department of Revenue for the entire month.

(e) If a license has been inactive for the entire past 3 years, regardless of whether the Division approved the period of inactivity, the applicant shall pay a $5,000 transfer fee.

(3) A licensee may change its Business Name or Mailing Address on DBPR ABT 6009, CHANGE BUSINESS NAME/CHANGE OF MAILING ADDRESS APPLICATION, effective December, 2012 and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at https://www.flrules.org/Gateway/reference.asp?No=Ref-02646.

(4) When the applicant no longer wishes to proceed with the application process, the application must be withdrawn using DBPR ABT 6031, REQUEST FOR WITHDRAWAL OF APPLICATION, effective December, 2012 and incorporated herein by reference. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc or at http://www.myfloridalicense.com/dbpr/abt/forms/index_licensing.html or at https://www.flrules.org/Gateway/reference.asp?No=Ref-02638.

(5) An applicant for an alcoholic beverage license shall provide a right of occupancy to the specified location in the application. Right of occupancy includes, but is not limited to, a lease agreement, a rental contract, a sublease, a warranty deed or any documentation that in a court of law would establish an applicant's right to occupy the premise sought to be licensed.

(6) Applicants for the following types of licenses will be required to provide or complete the following additional documents:

(a) An applicant for a club license shall provide the club’s by-laws, the club’s charter, and the club’s articles of incorporation.

(b) An applicant for a special pleasure or excursion boat license shall provide a Certificate of Documentation and a Certificate of Inspection from the Coast Guard showing the boat has a capacity for at least 125 passengers.

(c) An applicant for a distributors or manufacturers license shall provide a surety bond as required by general law.

(7) Once an application is accepted by the Division, nothing herein shall be construed to prohibit the Division from requiring additional information or documentation that becomes necessary as a result of processing or investigation of the application by the Division.

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.08, 561.01(11), 561.11, 561.15, 561.17, 561.18, 561.181, 561.19, 561.20, 561.22, 561.24, 561.25, 561.32, 561.331, 561.37, 561.371, 561.42, 565.02(3)(a) FS. History–New 2-16-89, Formerly 7A-5.010, Amended 5-14-13.

Fla. Admin. Code R. 61A-5.0105 Selection of Applicants for Quota Alcoholic Beverage Licenses by Public Drawing

When quota alcoholic beverage licenses become available by reason of an increase in the population of a county, by reason of a county permitting the sale of intoxicating beverages when such sale had been prohibited, or by reason of the revocation of a quota beverage license, the division shall determine the order in which an interested applicant is considered for an available license by accepting and validating entries for a public drawing to be conducted in a manner of double random selection in accordance with section 561.19, F.S. Interested applicants must follow the procedures for drawing entry promulgated by this rule to be considered for selection in the drawing.

(1) To identify the population of eligible and interested applicants, an entry period for each quota alcoholic beverage license drawing shall begin on the third Monday in August and continue for a period of 45 days during any year in which one or more quota alcoholic beverage licenses has been determined to be available by reason of a circumstance provided in section 561.19, F.S. The division shall publish a legal notice in the Florida Administrative Register and on the division’s website at: http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/, which shall include the name of each county in which a license is available for issuance, the number of licenses available for issuance in each county included in the drawing, the fee for filing of an entry form, the deadline for filing of an entry form, and the website address where the printable and online entry forms may be obtained.

(2) To enter the quota alcoholic beverage license drawing, an interested person shall submit the Quota Beverage License Drawing Entry Form DBPR ABT 6033, effective 7/2019 and incorporated herein, accompanied by the non-refundable entry fee stated on the form. The form may be submitted online, or a printed copy may be mailed to the address provided on the form. The entry form shall be received by the division on or before the date and time published as the entry deadline in the legal notice. To access the online entry form, visit DBPR Online Services at www.myfloridalicense.com/DBPR/online-services/. The online entry form will be available only during the qualifying dates of the entry period in a year in which a public drawing is scheduled. A copy of the online entry form is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-10898. A printable copy of the form is available on the division’s website at http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/ and at https://www.flrules.org/Gateway/reference.asp?No=Ref-10897.

(3) The division shall only process entry forms which are determined to be complete. Forms not complete, not signed, or not accompanied by the required non-refundable filing fee shall result in a deficiency letter. Corrected entry forms must be received by the division on or before fourteen (14) days from the date of the deficiency letter. The division will not grant any other extensions of time for filing entry forms. A complete entry form shall include the payment of the entry fee required to accompany the entry form. Upon expiration of the entry deadline published in the legal notice, any entry form for which payment of the entry fee has not been satisfied shall be deemed incomplete and shall not be included in the drawing.

(4) The division shall provide notice by certified mail to an entrant selected in the public. The notice of selection shall be sent to the entrant’s mailing address as listed on the entry form or as subsequently updated by the entrant upon written notification to the division. Each entrant is solely responsible for filing and maintaining a current and valid mailing address with the division.

(5) Upon notification by the division of selection in the public drawing, the selected entrant shall file a completed license application, referenced in rule 61A-5.010, F.A.C., within 45 days of the date of the selection notice. Any selected entrant that fails to file a completed license application within 45 days of the selection notice shall forfeit the selection priority awarded by the entrant’s selection in the drawing, and the division shall proceed with notification of the next entrant selected in sequential order of the drawing results for the county in which the license remains available for issuance.

(6) If the license application filed by a selected entrant is denied by the division, and any hearing or appeal, pursuant to sections 120.569, 120.57, 120.68 and 561.19(4), F.S., has concluded, or the time to file a petition or notice for such hearing or appeal has passed, the division shall proceed with notification of the next entrant selected in sequential order of the drawing results for the county in which the license remains available for issuance.

(7) Any person or persons selected by public drawing for the opportunity to apply for a quota alcoholic beverage license shall not be prohibited from filing an application to obtain the issuance of the license in the name of a corporation, or other legal entity, if 100 percent of the business or other legal entity is owned only by the person or persons listed on the drawing entry form as initially filed with the division.

(8) For the purposes of this section, “more than one applicant” shall mean that an entrant may have a direct or indirect interest in only one entry form in each county for which a license is available.

(9) For the purposes of this section, “method of double random selection by public drawing” shall mean a computer program developed by or under the direction of the division which determines the order of selection for the director in accordance with section 561.19(2)(a), F.S.

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.14, 561.15, 561.17, 561.18, 561.19, 561.20 FS. History–New 1-20-97, Amended 1-8-98, Amended 12-7-09, 8-12-19.

Fla. Admin. Code R. 61A-5.0106 Application For Inactive Status or Waiver of Active Operation Requirements For Quota Alcoholic Beverage Licenses

(1) The application for placing a quota alcoholic beverage license into an inactive status or requesting a waiver of active operation requirements must be filed with the Division of Alcoholic Beverages and Tobacco on form DBPR ABT-6027, APPLICATION FOR INACTIVE STATUS OR WAIVER OF ACTIVE OPERATION REQUIREMENTS FOR QUOTA ALCOHOLIC BEVERAGE LICENSES, incorporated herein by reference and effective 9/1/19. The application must be completed in accordance with the list of license requirements contained in the application instructions. The form listed in this rule is available upon request from the Division’s district office serving your area of interest, or may be accessed electronically at http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/, or https://www.flrules.org/Gateway/reference.asp?No=Ref-10916.

(2) “Active” shall mean that the licensee is in compliance with section 561.29, F.S., in a manner so as to maximize sales and tax revenues thereon.

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.29 FS. History–New 9-1-19.

Fla. Admin. Code R. 61A-5.011 Completed Application for the Grant of a New Quota Liquor License

History

• Rulemaking Authority 561.11 FS. Law Implemented 561.08, 561.11, 561.18, 561.19, 561.20 FS. History–New 2-16-89, Formerly 7A-5.011, Repealed 8-1-12.

Fla. Admin. Code R. 61A-5.056 Application for Retail Tobacco Products Dealer Permit

(1) The term retail tobacco products dealer shall refer to the definition provided by sections 210.01(7), 210.095(g), and 569.002(4), F.S. For this section the term tobacco products shall refer to the definition provided by section 569.002(6), F.S. A tobacco products retail dealer permit is required to sell cigarettes and tobacco products, and smoking pipes or smoking devices at retail within the State of Florida.

(2) In order to be permitted as a Retail Tobacco Products Dealer or make changes to an existing permit, one of the following must be completed and filed with the division by the applicant or permittee:

(a) File for a permit or change thereto using form DBPR ABT 6028, Application for Retail Tobacco Products Dealer Permit incorporated herein by reference and effective July 2013, adopted and incorporated herein by reference, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-03339, or

(b) File for a permit or make changes thereto and simultaneously file for an alcoholic beverage license by using form DBPR ABT 6001, Application for Alcoholic Beverage or Tobacco License, effective August 2013, adopted and incorporated herein by reference, or DBPR ABT 6002 Application for Transfer of an Alcoholic Beverage or Tobacco License, effective August 2013, adopted and incorporated herein by reference.

(3) The fee for a new Retail Tobacco Products Dealer permit shall be $50.00. The fee must accompany the permit application DBPR ABT 6028 Application for Retail Tobacco Products Dealer Permit incorporated herein by reference and effective August, 2013, adopted and incorporated herein by reference, which is submitted to the division. Applicants filing simultaneously for an alcoholic beverage license and a retail tobacco products dealer permit on form DBPR ABT 6001 Application for Alcoholic Beverage and Tobacco License, or DBPR ABT 6002 Application for Transfer of an Alcoholic Beverage License, will submit the fee after the application has been approved. A notice of approval and fee payment due will be sent to the applicant for the alcoholic beverage license and the Retail Tobacco Products Dealer permit.

(4) The terms “place of business,” “place,” “the premises,” “location,” “single location,” and “permitted premises” are synonymous. Place of business is defined as rooms where tobacco products are stored or sold or kept for the purpose of sale or consumption.

(a) Where sales of tobacco products are conducted through a vending machine, the premises shall include the place where the vending machine is located and any such vending machine including the area within the unobstructed line of sight of the dealer, the dealer’s agent or employee responsible for preventing sales to persons under 18 years of age.

(b) Where sales of tobacco products are conducted from a cart or person moving about the place of business, the premises shall include any such conveyance.

(c) A theme park complex, a hotel or resort complex, a stadium, an airport facility and the like will be considered a “single location” when all buildings or structures are owned, managed, controlled or operated under one business name and are situated on the same tract or plot of land that is not separated by a public street or highway.

(d) Itinerant stores, industrial caterers, trains, steamships and similar vehicles and vessels may be permitted for the retail sale of tobacco products with the vehicle or vessel being designated as the place of business. In any such case, the location address shall be the office or homeport address in this state where the vehicle or vessel is domiciled.

(5) The permit year for a Retail Tobacco Products Dealer permit shall be from January 15 through the following January 15 of each year and shall not be pro rated except as follows:

(a) The division shall establish a process whereby the permit year for a Retail Tobacco Products Dealer permit shall be changed in order that the alcoholic beverage license and the tobacco permit may be renewed simultaneously.

(b) A person who is both an alcoholic beverage licensee and a Retail Tobacco Products Dealer permittee will have a permit year commensurate with the alcoholic beverage license year.

(6) A Retail Tobacco Products Dealer permit may not be transferred to a new owner.

(7) A Retail Tobacco Products Dealer permit may not change location.

(8) The division shall issue at the request of the applicant a temporary Tobacco Products Dealer Permit whenever an applicant is also filing for a temporary alcoholic beverage license of any kind. There shall be no additional fee for the issuance of a temporary Tobacco Products Dealer Permit.

(9) If a permit is lost or destroyed, a retail tobacco products permittee may make a request to the division for the issuance of a duplicate permit. This shall be in affidavit form, advising that the permit has been lost or destroyed accompanied by a payment of a $15 fee.

History

• Rulemaking Authority 569.003, 569.009 FS.,Chapter 92-285, Laws of Florida. Law Implemented 561.17, 562.41, 569.003 FS., Chapter 92-285, Laws of Florida. History–New 12-20-92, Formerly 7A-5.056, Amended 11-27-13.

Fla. Admin. Code R. 61A-5.060 Application for Special Culinary Education Program License

A culinary education program that educates students in the culinary arts, including the preparation, cooking, and presentation of food, or provides education and experience in culinary arts-related businesses, and which engages in the sale or service of alcoholic beverages within the education program must file an application for licensure on form DBPR ABT-6025, APPLICATION FOR CULINARY EDUCATION PROGRAM LICENSE, effective 9/1/19, and incorporated herein by reference. The application for a culinary education program license must identify the qualifying education institution providing the program. The form listed in this rule is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district offices serving your area of interest, or may be accessed electronically at http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/, or https://www.flrules.org/Gateway/reference.asp?No=Ref-10915.

History

• Rulemaking Authority 561.08, 561.11, 561.17, 561.20 FS. Law Implemented 561.15, 561.17, 561.20 FS. History–New 9-1-19.

Fla. Admin. Code R. 61A-5.700 Application for Alcoholic Beverage License

History

• Rulemaking Authority 561.11, 561.08 FS. Law Implemented 561.08, 561.11, 561.17, 561.181, 561.19, 561.32, 561.33, 561.331 FS. History–New 2-16-89, Formerly 7A-5.700, Repealed 8-1-12.

Fla. Admin. Code R. 61A-5.708 Request for License Cancellation

Unless specifically authorized by statute, the division may not issue more than one license or permit to a location. A licensee may submit DBPR ABT-6007, Request for License CancellatioN, effective August 2013, adopted and incorporated herein by reference, or a letter with the following information: Legal entity name, license number, signed by the licensee of record, to request cancellation of a license or permit issued by the division. The application must be completed in accordance with the list of license requirements contained in the application instructions. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, the Division’s district office serving your area of interest whose contact information is provided at http://www.myfloridalicense.com/dbpr/abt/forms/documents/abtdistrictOfficeInformation.doc, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03342.

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.17 FS. History–New 2-16-89, Formerly 7A-5.708, Amended 11-27-13.

Fla. Admin. Code R. 61A-5.710 Personal Questionnaire

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.11, 561.15, 561.17, 561.18, 561.22, 561.25, 561.42 FS. History–New 2-16-89, Formerly 7A-5.710, Repealed 8-1-12.

Fla. Admin. Code R. 61A-5.747 Quota License Drawing Entry Form

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.17, 561.19, 561.20 FS. History–New 3-6-90, Amended 6-28-90, 5-24-92, Formerly 7A-5.747, Amended 12-7-09, Repealed 8-12-19.

Fla. Admin. Code R. 61A-5.761 List of License Application Requirements

History

• Rulemaking Authority 561.08, 561.11 FS. Law Implemented 561.08, 561.11 FS. History–New 2-16-89, Formerly 7A-5.761, Repealed 8-1-12.

Chapter 61A-7 Florida Clean Indoor Air Act and Stand-alone Bar Smoking Designations

Fla. Admin. Code R. 61A-7.001 Definitions

The basic terms utilized in this rule are defined as follows:

(1) “Customary bar snack” means popcorn and any ready to eat food item, commercially prepared and packaged off the premises, served without additions or preparations, that is not a potentially hazardous food. The definition of potentially hazardous food, provided in s. 1-201.10(B)(61), Food Code, 1999 Recommendations of the United States Public Health Service/Food and Drug Administration, incorporated herein by reference, shall apply to Chapter 61A-7, F.A.C.

(2) “Noncommercial activities” mean social gatherings, which encompass activities in compliance with Section 849.0931, F.S., meetings, dining, dances and the services performed in furtherance of these activities can only be conducted by members, whether compensated or not.

(3) “Nonperishable snack food items” means food items commercially packaged off the premises of the stand-alone bar and served without any additions or further preparations of any kind. Popcorn is the only exception to the requirement of being a nonperishable snack food item, and can be prepared on the premises, provided that the equipment used to pop the popcorn is not used to prepare any other food for patrons.

(4) “Predominantly bounded by physical barriers” means:

(a) More than fifty percent covered from above, to be calculated when fully extended, by a physical barrier, that excludes rain, and

(b) More than fifty percent on the sides with surfaces that block air flow. Railings are not to be considered in making side surface calculations.

(5) “Stand-alone bar” means those licensed premises defined in Section 386.203(12), F.S.

(6) “Stand-alone smoking and vaping (ss)” means those licensed premises that operate a business that meets the definition of a stand-alone bar in Section 386.203(12), F.S., if the only food provided is limited to nonperishable snack food items.

(7) “Stand-alone smoking and vaping with food (ssf)” means those licensed premises that operate a business that meets the definition of a stand-alone bar in Section 386.203(12), F.S., in which the serving of food is merely incidental, that is the licensed premises may derive no more than ten percent of its gross revenue from the sale of food consumed on the licensed premises.

History

• Rulemaking Authority 386.2125, 561.11, 561.695(3), 561.695(8) FS. Law Implemented 386.203(5), 386.203(12), 561.695(3) FS. History–New 6-14-05, Amended 9-12-19.

Fla. Admin. Code R. 61A-7.002 Criteria for Smoking and Vaping Designation

Stand-alone bars with an alcoholic beverage consumption on premises license shall be issued a smoking and vaping designation of “ss” or “ssf” upon meeting the following criteria:

(1) The premises meets the definition of a stand-alone bar in Section 386.203(12), F.S., and

(2) The licensee provides the division with a notice of election, using form DBPR ABT 6012, Notification of Election to Permit Tobacco Smoking and Vaping in the Licensed Premises, effective 9/12/19, and incorporated by reference herein. Form DBPR ABT 6012 may be obtained from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, from the district office serving your area of interest, or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11073, or www.myfloridalicense.com.

History

• Rulemaking Authority 386.2125, 561.08, 561.11, 561.695(8) FS. Law Implemented 386.203(12), 561.08, 561.695 FS. History–New 6-14-05, Amended 9-12-19.

Fla. Admin. Code R. 61A-7.003 Premises Not Eligible for Smoking Designation

Licensed premises shall not be designated as a stand-alone bar if the qualifications for licensure require the premises be devoted predominantly to activities other than the service of alcohol. The following licenses are not eligible for a stand-alone bar designation:

S – Special Hotel

SH – Special Hotel in counties with population of 50,000 or less

SR – Special Restaurant issued on or after September 1, 1969

SRX – Special Restaurant

SBX – Special Bowling

SAL – Special Airport

SCX – Special Civic Center

SCC – Special County Commission

SPX – Pleasure, Excursion, Sightseeing, or Charter Boats

X – Airplanes, Buses, and Steamships

IX – Railroad Cars

XL – Passenger Waiting Lounge operated by an airline

PVP – Passenger Vessels engaged in foreign commerce

FEX – Special Public Fairs/Expositions

HBX – Special Horse Breeders

11AL – American Legion Post permitted to sell to general public

11C – Social, Tennis, Racquetball, Beach, or Cabana Club

11CE – Licensed vendors exempt from payment of surcharge tax

11CS – Special Act Club License

11CT – John and Mable Ringling Museum

11GC – Golf Club

11PA – Symphony, Live Performance Theatre, Performing Arts Center

12RT – Dog or Horse Track or Jai Alai Fronton

13CT – Catering

History

• Rulemaking Authority 386.2125, 561.695(8) FS. Law Implemented 386.203(12), 561.695 FS. History–New 6-14-05.

Fla. Admin. Code R. 61A-7.004 Annual Certification Requirements

A qualifying stand-alone bar receiving an “ss” or “ssf” designation shall file an annual affidavit, DBPR ABT 4000A-040, incorporated herein by reference, certifying that, on or before the licensee’s annual beverage license renewal, for the preceding twelve months, no more than ten percent of total gross revenue was derived from retail sales of food consumed on the licensed premises. The percentage of food sales shall be computed by dividing gross revenues from the sale of food consumed on the premises by the gross revenue of the licensed premises. Failure to file an affidavit in compliance with Section 561.695(5), F.S., shall result in loss of designation.

History

• Rulemaking Authority 561.695(8) FS. Law Implemented 561.695(5) FS. History–New 6-14-05.

Fla. Admin. Code R. 61A-7.005 Triennial Renewal Requirements

History

• Rulemaking Authority 386.2125, 561.695(9) FS. Law Implemented 386.203(11), 561.695(6) FS. History–New 6-14-05, Repealed 6-3-12.

Fla. Admin. Code R. 61A-7.006 Records Required to Maintain the Designation

(1) Stand-alone bars holding an “ss” or “ssf” designation shall maintain records to substantiate reports, affidavits and designation qualifications. Records of all purchases of food, all gross retail sales of alcohol for consumption on the licensed premises, all gross retail sales of alcohol for consumption off the licensed premises, all gross retail sales of food sold for consumption on the premises, all gross retail sales of food sold for consumption off the premises, and gross revenue from all other sales shall be separately documented.

(2) Stand-alone bars holding an “ss” or “ssf” designation shall maintain complete and accurate records of all sales and purchases. Records shall include, but are not limited to, purchase invoices, sales tickets, inventory records, receiving records, cash register journal tapes, on premises food sales records, computer records generated from automatic dispensing devices, Department of Revenue Sales Tax Returns, and any other record documenting sales. Sales records shall be sequentially organized by month and year and include a monthly statement summarizing the total sales revenue, food revenue, and percentage of food revenue for each month.

History

• Rulemaking Authority 386.2125, 561.695(8) FS. Law Implemented 386.203(12), 561.695(6) FS. History–New 1-16-06.

Fla. Admin. Code R. 61A-7.007 Formula for Compliance with Required Percentage of Gross Food Sales Revenues

In order to determine compliance, the division shall use the formula of gross food sales revenue from the sale of food the licensee sells for consumption on premises, including but not limited to non-alcoholic beverages, divided by gross total sales revenue, in any consecutive two month period. The results of the formula will represent the percentage of food sales revenues as defined herein and in Section 561.695, F.S.

History

• Rulemaking Authority 386.2125, 561.695(8) FS. Law Implemented 386.203(12), 561.695(6) FS. History–New 1-16-06.

Fla. Admin. Code R. 61A-7.008 For Percentage of Gross Alcohol Sales for Consumption on the Licensed Premises Revenue Formula

In order to determine compliance, the division shall use the formula of gross alcohol sales revenues from the sale of alcohol the licensee sells for consumption on premises divided by gross total sales revenue, in any consecutive two-month period.

History

• Rulemaking Authority 386.2125, 561.695(8) FS. Law Implemented 386.203(12), 561.695(6) FS. History–New 1-16-06.

Fla. Admin. Code R. 61A-7.009 Method Used to Determine Whether an Establishment is Predominately Dedicated to the Serving of Alcoholic Beverages

In order to determine whether an establishment, other than one holding a specialty license designated in Rule 61A-7.003, F.A.C., is predominately dedicated to the serving of alcoholic beverages for consumption on the licensed premises, the division shall compare the percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption on premises with the following categories of revenue:

(1) For stand-alone bars holding the “ss” designation:

(a) The percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption off the premises where the purchaser is required to enter the premises.

(b) The percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption off the premises where the purchaser is not required to enter the premises, and

(c) The percentage of gross revenue from any source not included in the alcohol categories above. If the percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption on premises is greater than that of the gross sales revenue from each individual category of gross sales in paragraphs 61A-7.009(1)(a)-(c), F.A.C., an establishment is deemed predominately dedicated to the serving of alcoholic beverages.

(2) For stand-alone bars holding the “ssf” designation:

(a) The percentage of gross food sales revenue from the sale of food the licensee sells for consumption on premises,

(b) The percentage of gross food sales revenue from the sale of food the licensee sells for consumption off premises,

(c) The percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption off the premises, and

(d) The percentage of gross revenue from any source not included in the food and alcohol categories above. If the percentage of gross alcohol sales revenue from the sale of alcohol the licensee sells for consumption on premises is greater than that of the gross sales revenue from each individual category of gross sales in paragraphs 61A-7.009(2)(a)-(d), F.A.C., an establishment is deemed predominately dedicated to the serving of alcoholic beverages.

History

• Rulemaking Authority 386.2125, 561.695(8) FS. Law Implemented 386.203(12), 561.695(6) FS. History–New 1-16-06.

Fla. Admin. Code R. 61A-7.010 Penalty Guidelines for Chapter 386, F.S. – Florida Clean Indoor Air Act

(1) This rule sets forth the penalties which shall be routinely imposed upon licensees who are supervised by the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation. Enforcement supervisors and bureau chiefs are authorized to accept settlement offers that do not deviate from the penalty guidelines. The penalties below shall be assessed for violations occurring thirty days after a notice to comply is issued. If a person refuses to comply with this part after having been assessed such penalty the department may file a complaint in the circuit court of the county in which the enclosed indoor workplace is located to require compliance.

(2) The penalty guidelines set forth in the table that follows shall serve to provide field offices and licensees or permittees with penalties that the division will routinely impose for violations.

STATUTE

VIOLATION

FIRST

OCCURRENCE

SECOND

OCCURRENCE

THIRD

OCCURRENCE

EACH SUBSEQUENT

OCCURRENCE

386

Failure to comply with Florida Clean Indoor Air Act within chapter 386, F.S.

$275

$550

$750

$1,750

History

• Rulemaking Authority 386.2125, 561.695(8) FS. Law Implemented 386.206, 386.207(3) FS. History–New 6-14-05.

Fla. Admin. Code R. 61A-7.011 Aggravating or Mitigating Circumstances for Chapter 386, F.S. – the Florida Clean Indoor Air Act

When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the division by clear and convincing evidence, the division shall be entitled to impose adjusted penalties within the guidelines. Based upon the following factors, the division may impose a disciplinary action within the statutory guidelines:

(1) The number of counts in the administrative complaint;

(2) The disciplinary history of the applicant or licensee;

(3) The applicant or licensee has corrected the violation and implemented written corrective policies and procedures;

(4) The degree of financial hardship incurred by a licensee as a result of the imposition of suspension or a fine.

History

• Rulemaking Authority 386.2125, 561.695(8) FS. Law Implemented 386.207(3) FS. History–New 6-14-05.

Fla. Admin. Code R. 61A-7.012 Investigation and Notification Procedures for Section 386.207, F.S

The following procedures shall be followed by division personnel when investigating complaints and notifying alleged violators.

(1) Upon receipt of a complaint of a violation of Chapter 386, F.S., the division shall determine if the premises is designated as a stand-alone bar. If the premises are designated as a stand-alone bar the complaint shall be closed.

(2) If the premises are not designated as a stand-alone bar a notice to comply shall be issued.

(3) If the initial complaint is based on an observed violation then the premises shall be rechecked for compliance.

(4) A notice to show cause shall be issued for violations occurring at least thirty days after a notice to comply has been issued.

History

• Rulemaking Authority 386.207(1), 386.2125, 561.695(8) FS. Law Implemented 386.206(2), 386.207(3) FS. History–New 6-14-05.

Fla. Admin. Code R. 61A-7.013 Penalty Guidelines for Section 561.695, F.S. – Stand-Alone Bar Enforcement

(1) This rule sets forth the penalties which shall be imposed upon licensees who are supervised by the Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation. Enforcement supervisors and bureau chiefs are authorized to accept settlement offers that do not deviate from the penalty guidelines. The penalties provided below are for violations one through three, within a two-year period, and a fourth or subsequent violation occurring anytime within the aforementioned time period or thereafter.

(2) The penalty guidelines set forth in the table that follows shall serve to provide field offices and licensees or permittees with penalties that the division will routinely impose for violations.

STATUTE

VIOLATION

FIRST

OCCURRENCE

SECOND

OCCURRENCE

THIRD

OCCURRENCE

FOURTH OCCURRENCE

SUBSEQUENT OCCURRENCE

561.695

Failure to comply with stand-alone bar designation requirements within Section 561.695, F.S.

Warning

$500

Suspension of designation for 14 days and $1,000.

60 days suspension of designation and $2,000.

Revocation

History

• Rulemaking Authority 561.695(8) FS. Law Implemented 561.695(5), (7) FS. History–New 6-14-05.

Fla. Admin. Code R. 61A-7.014 Aggravating or Mitigating Circumstances for Section 561.695, F.S. – Stand-Alone Bar Violations

When either the petitioner or respondent demonstrates aggravating or mitigating circumstances by clear and convincing evidence, the division may adjust penalties within statutory guidelines.

History

• Rulemaking Authority 561.695(8) FS. Law Implemented 561.695(7) FS. History–New 6-14-05.

Fla. Admin. Code R. 61A-7.015 Appeals

The procedure for appeal under Chapter 61A-7, F.A.C., shall be as provided in Section 120.68, F.S.

History

• Rulemaking Authority 386.207(1), 386.2125, 561.695(8) FS. Law Implemented 561.695 FS. History–New 6-14-05.

Chapter 61A-10 CIGARETTE TAX DIVISION RULES

Fla. Admin. Code R. 61A-10.001 Definitions

(1) “Cigarette Distributing Agent” also known as “CDA” means a “distributing agent” as defined in Section 210.01(14), F.S.

(2) “Bill of Lading” means a receipt given by a carrier for goods accepted for transportation.

(3) “Stamping Agent” means an “agent” as defined in Section 210.01(9), F.S.

(4) “Audit” means the process of examining and verifying the records, stock and equipment of manufacturers, importers, distributing agents, wholesale dealers, stamping agents, and retail dealers licensed by the Division.

(5) “Unconditional Guaranty Contract” is similar to an irrevocable letter of credit in that it is issued through a bank and the bank unconditionally guarantees payment under the terms and conditions contained in the contract.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.01, 210.085, 210.09, 210.15 FS. History–Amended 9-17-73, Repromulgated 12-19-74, Formerly 7A-10.01, 7A-10.001, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.002 Stamps, Sale of

(1) Stamps will be sold only to stamping agents who have been given permission by the Division to use such stamps to evidence payment of taxes and the Division may sell such stamps in individual units of 1 roll or multiples thereof.

(2) Any such stamps purchased by a stamping agent may not be transferred or sold to any entity including other stamping agents; however, such stamps may be returned to the Division for credit or refund as specified in Rule 61A-10.008, F.A.C.

(3) Stamping agents shall requisition stamps using DBPR form AB&T 4000A-006, Requisition and Invoice for Cigarette Tax Stamps, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08). Each stamping agent purchasing tax stamps shall file with the Division DBPR form AB&T 4000A-040, Cigarette Stamp Signature Card, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08), listing employees authorized to requisition and receive tax stamps. Stamps will not be delivered to unauthorized individuals.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.05 FS. History–New 12-19-74, Amended 10-8-81, 8-29-84, Formerly 7A-10.02, 7A-10.002, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.0021 Stamping Agent – Requirements

The Division shall authorize a wholesale dealer as a stamping agent to affix stamps to packages of cigarettes provided the dealer furnishes the Division with:

(1) An irrevocable letter of credit, certificate of deposit, unconditional guarantee contract, or a surety bond, issued by a solvent surety company registered to do business in this state, equal to 110% of the estimated monthly tax liability, but not less than $2,000, as required in Sections 210.05 and 210.08, F.S. The Division shall determine the estimated monthly tax liability based on the packs of unstamped cigarettes purchased for resale within the State of Florida, for which the stamps have been purchased on credit in lieu of cash payment.

(a) Surety amounts will be reviewed with every audit to verify compliance with this rule. The surety amount will be based on the highest month’s total liability.

(b) Liability for stamp purchases shall not exceed the surety amount.

(c) Each month, an agent that has met the surety amount for credit liability may purchase additional stamps for cash on delivery, provided that the division receives the cash equivalent payment prior to sale of additional stamps.

(d) Payment for stamps must be made by certified check or the bank equivalent, or by electronic funds transfer, but not by cash currency.

(e) Stamping agents will provide the Division with a continuation certificate of the surety when the stamping agents pay their surety premium.

(f) If a surety instrument is cancelled, the stamping agent must cease operation.

(g) Applicants shall properly execute and submit form DBPR ABT-6032, Division of Alcoholic Beverages and Tobacco Surety Bond Form, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08). Instructions for filling out form DBPR ABT-6032 are provided in form DBPR ABT-6032i, Instructions for Completing DBPR ABT-6032, Division of Alcoholic Beverages and Tobacco Surety Bond Form, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08).

(2) A letter from manufacturers and importers stating that they will ship to the applicant direct.

(3) A letter from the wholesale dealer requesting to be a stamping agent.

(4) If licensed as a stamping agent by another state, authorization from that state to purchase and affix that state’s tax indicia within the State of Florida.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.01, 210.021, 210.05, 210.08, 210.15 FS. History–New 9-2-08, Amended 10-11-09.

Fla. Admin. Code R. 61A-10.0022 Cigarette Distributing Agent – Requirements

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.01, 210.05, 210.085, 210.15 FS. History–New 9-2-08, Repealed 11-29-15.

Fla. Admin. Code R. 61A-10.003 Meter Imprints, Meter Machines

History

• Rulemaking Authority 210.10(1) FS. Law Implemented 210.07(1), (2) FS. History–New 12-19-74, Formerly 7A-10.03, 7A-10.003, Repealed 8-26-98.

Fla. Admin. Code R. 61A-10.004 Meter and Stamping Machines, Maintenance and Operation

History

• Rulemaking Authority 210.10(1) FS. Law Implemented 210.07(1), (2) FS. History–New 12-19-74, Amended 3-1-76, Formerly 7A-10.04, 7A-10.004, Repealed 8-26-98.

Fla. Admin. Code R. 61A-10.005 Excise Tax, Imposition and Exemption

The cigarette excise tax is imposed upon the sale, receipt, purchase, possession, handling, consumption, distribution and use of cigarettes in Florida, except as follows:

(1) Cigarettes sold at post exchanges, ship service stores, ship stores, and slop chests when such agencies are operated under regulations of the Armed Forces of the United States or the United States Coast Guard or NASA on Armed Forces Reservations or other Federal Bases and Exchanges in Florida or on ships of the Armed Force Merchant Marines of the United States, may be sold without the payment of the Florida excise tax to members of the Armed Services of the United States only; tax exempt sales may not be made by such agencies to anyone other than members of the Armed Services of the United States and cigarettes sold to other persons must be properly stamped and Florida excise tax due thereon paid.

(2) Cigarettes sold or given by charitable organizations to bona fide patients in regularly established veterans hospitals in Florida or inmates of a federal prison, for personal use or consumption of such patients or inmates, are exempt from the Florida excise tax; cigarettes sold or given to anyone other than a bona fide patient in such hospitals or other personal use of such patients or inmates of a federal prison, must be properly stamped and the Florida excise tax due thereon paid.

(3) Each wholesale dealer or cigarette distributing agent handling any such tax-free cigarettes shall attach to their monthly report a copy of the invoice or sales slip substantiating any such tax-free sale. The invoice or sales slip must be signed by a person authorized to receive such tax-free cigarettes. The name of any person authorized to receive and sign for such tax-free cigarettes must be submitted by the commanding officer of the military installation, hospital, or prison to the Bureau of Auditing office of the Division wherein such installation is situated.

History

• Rulemaking Authority 210.10 FS. Law Implemented U.S.C. Const. Art. VI cl. 2; 4 U.S.C. § 107, 14 U.S.C. §§ 1, 2; 42 U.S.C. §§ 2451; 2472, 210.03, 210.04, 210.05, 210.09, 210.11 FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-10.05, 7A-10.005, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.006 Stamps, Method of Affixing

(1) The stamps affixed to or meter imprints placed on packages of cigarettes for the purpose of evidencing payment of the excise tax due thereon must be placed on the bottom of the package of such cigarettes in such a manner that the stamps are clearly visible, legible and complete.

(2) Wholesale dealers within this state must affix or cause to be affixed such stamps within 10 calendar days of receipt of the cigarettes.

(3) Wholesale dealers within this state may not maintain stocks of unstamped cigarettes unless that part is identified for sale or distribution outside this state or intended as tax exempt sales as defined in Section 210.04(4), F.S. Such unstamped stock must be maintained separately and apart from stamped cigarettes.

(4) Wholesale dealers from outside the state must affix Florida tax stamps prior to shipping cigarettes into this state.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.04, 210.05, 210.06 FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-10.06, Amended 3-15-90, 7-9-91, 1-7-92, Formerly 7A-10.006, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.007 Stamps, Limitation of Use

Stamping agents are prohibited from affixing stamps to or placing meter imprints upon any packages of cigarettes not actually owned by such stamping agents unless written permission for such action is received from the Division.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.06, 210.05 FS. History–Repromulgated 12-19-74, Formerly 7A-10.07, 7A-10.007, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.008 Refunds

(1) No refund or credit will be made for stamps affixed to or meter imprints placed upon packages of cigarettes shipped from a wholesale dealer to a manufacturer or importer unless such wholesale dealer furnishes the Division with an original affidavit issued by the manufacturer or importer acknowledging the receipt of the cigarettes. Such an affidavit must be submitted with a completed DBPR form AB&T 4000A-004, Application for Refund or Credit of Cigarette Stamps, incorporated herein by reference and effective (2/08). Only upon receipt of a properly executed application will the Division make such refunds or credits. Applications for refunds or credits and supporting affidavits must be filed with the Division within nine months from the dates the shipments of such cigarettes were made as set forth in the affidavit.

(2) Unused stamps will be redeemed by the Division only in full rolls or partial rolls that can be re-sold to another stamping agent.

(3) Stamps misapplied to packages or stamps that become unusable may be destroyed by authorized employees of the Division and a credit or refund issued upon the submission of a completed DBPR form AB&T 4000A-004. Out of state stamping agents with misapplied Florida stamps must submit a sworn affidavit for misapplied or unusable stamps.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.11 FS. History–Amended 8-25-66, Repromulgated 12-19-74, Formerly 7A-10.08, 7A-10.008, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.009 Sample Packages of Cigarettes

The Division may, in its discretion, authorize manufacturers and importers to distribute in the state sample packages of cigarettes containing not less than two (2) nor more than twenty (20) cigarettes without affixing any stamps; provided, the tax due on such sample cigarettes must be paid to the Division by the manufacturer or importer on or before the 10th calendar day of each month for all sample cigarettes distributed during the previous month. Reports shall be made on form DBPR ABT 4000A-245-C, Manufacturer’s and Importer’s Report for Distribution of Samples, which is incorporated by reference herein and effective 11/2019. DBPR ABT 4000A-245-C is available through the Division’s Electronic Data Submission (EDS) System via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or a paper form may be requested by contacting the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Bureau of Auditing at 2601 Blair Stone Road, Tallahassee, Florida 32399-1022. A copy of the EDS form may be viewed at https://flrules.org/Gateway/reference.asp?No=Ref-11257, and a copy of the paper form may be viewed at https://flrules.org/Gateway/reference.asp?No=Ref-11258. The form may be submitted through the Division’s EDS System, or the paper form may be mailed to the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Bureau of Auditing, 2601 Blair Stone Road, Tallahassee, Florida 32399-1022. The manufacturer or importer shall submit to the Division, along with the report and payment of the excise tax, invoices covering all shipments of sample cigarettes for the preceding month. In those cases where the 10th calendar day falls on a Saturday, Sunday, or a legal holiday, reports and remittances shall be accepted as timely filed if postmarked or delivered to the Division on the following business day which is neither a Saturday, Sunday or legal holiday. As used in this rule, legal holiday means those days as designated in Section 110.117, F.S., and Federal holidays.

(1) Twenties may be sent directly to individuals, such as stockholders, retired or former employees and as a result of customer’s complaints; provided, the manufacturer is able to produce evidence of the address where such quantities of sample packages of twenties were delivered. The volume of sample cigarettes to any one residence shall not exceed 3 cartons or six hundred cigarettes.

(2) Where sample packages of twenties and/or packages of lesser amounts made to resemble packages of twenties are distributed at random by representatives of the manufacturer or by any other persons hired by the manufacturer for distributional or promotional purposes, the manufacturer shall notify the Division in writing at a minimum of fifteen calendar days prior to the beginning of the distributional or promotional date of such quantities, brands, and locations to be sampled.

(3) Sample packages containing twenty cigarettes which move through commercial channels to the consumer, such as “Buy one, get one free” or “Buy a carton, get two packs free” promotion, must have a Florida excise tax indicia affixed to the free goods by a qualified stamping agent.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.04, 210.09 FS. History–Repromulgated 12-19-74, Amended 3-1-76, 7-19-82, Formerly 7A-10.09, 7A-10.009, Amended 9-2-08, 2-23-20.

Fla. Admin. Code R. 61A-10.0091 Manufacturer’s and Importer’s Reporting Requirements

Each manufacturer or importer shipping or causing to be shipped cigarettes into this state shall report such shipments to the Division on or before the 10th calendar day of each month for the previous month’s shipments. Reports shall be made on the following DBPR forms:

(1) AB&T 4000A-250, Instate Cigarette Manufacturer’s Report, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08).

(2) AB&T 4000A-251, Out of State Cigarette Manufacturer’s Report, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08).

(3) AB&T 4000A-255, Instate Cigarette Importer’s Receipt Report, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08).

(4) AB&T 4000A-256, Out of State Cigarette Importer’s Report, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08).

In those cases where the 10th calendar day falls on a Saturday, Sunday, or a legal holiday, monthly reports shall be accepted as timely filed if postmarked or delivered to the Division on the following business day which is neither a Saturday, Sunday or legal holiday. As used in this rule, legal holiday means those days as designated in Section 110.117, F.S., and Federal holidays.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.09 FS. History–New 9-2-08.

Fla. Admin. Code R. 61A-10.010 Sales, Passenger Carriers

Railroads, passenger vessels, and airlines are permitted to sell unstamped cigarettes to bona fide travelers while in transit; provided, however, such firm must report all such sales for the previous month to the Division on or before the tenth calendar day of each month. Such reports must be on DBPR form AB&T 4000A-220, Passenger Carrier Cigarette Report, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08) and shall show all sales for the previous calendar month. A remittance for the amount of excise tax due the State on such sales must be submitted with the report. In those cases where the 10th calendar day falls on a Saturday, Sunday, or a legal holiday, reports shall be accepted as timely filed if postmarked or delivered to the Division on the following business day which is neither a Saturday, Sunday or legal holiday. As used in this rule, legal holiday means those days as designated in Section 110.117, F.S., and Federal holidays.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.09 FS. History–Repromulgated 12-19-74, Formerly 7A-10.10, 7A-10.010, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.011 Cigarette Monthly Reports

(1) Cigarette wholesale dealers, cigarette distributing agents, and exporters shall maintain complete and accurate records of all purchases and sales of cigarettes within or without the state. On or before the 10th calendar day of each month, such wholesale dealers, cigarette distributing agents, and exporters shall report to the Division all such purchases and sales of cigarettes for the preceding month. Monthly reports shall be made on the appropriate and applicable forms which may be obtained as specified in Rule 61A-5.001, F.A.C., and are incorporated herein by reference and effective (2/08); DBPR form AB&T 4000A-200 Cigarette Distributing Agent’s Report, DBPR form AB&T 4000A-205 Taxable Cigarette Wholesale Dealers Report, DBPR form AB&T 4000A-210 Cigarette Exporters Report, DBPR form AB&T 4000A-225 Tax Paid Cigarette Wholesale Dealers Report, or DBPR form AB&T 4000A-235 Common Carrier Monthly Report. Such reports shall be prepared in triplicate; the original and one copy of the report shall be filed with the Division wherein the wholesale dealer’s, cigarette distributing agent’s, or exporter’s place of business is located. The third copy of the report shall be maintained by the wholesale dealer, cigarette wholesale dealer or exporter and kept as part of their accounting records for a period of three years. In those cases where the 10th calendar day falls on a Saturday, Sunday, or a legal holiday, monthly reports shall be accepted as timely filed if postmarked or delivered to the Division on the following business day which is neither a Saturday, Sunday or legal holiday. As used in this rule, legal holiday means those days as designated in Section 110.117, F.S., and Federal holidays.

(2) If the Division determines that any amount of gross tax is due from the monthly reports, the Division shall notify the permit holder in writing by personal delivery or U.S. Mail, stating that the permit holder has 10 calendar days from the receipt of written notification in which to correct the report and payment amount. If the permit holder does not correct the report and payment within the allotted time, the Division will assess the amount due together with interest and penalties and initiate administrative proceedings.

History

• Rulemaking Authority 210.09, 210.10 FS. Law Implemented 210.01, 210.09, 210.13 FS. History–Repromulgated 12-19-74, Formerly 7A-10.11, 7A-10.011, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.0111 Cigarette Audit

(1) The term audit is defined in subsection 61A-10.001(4), F.A.C.

(2) When the Division performs an audit on the permit holder, it shall determine the amount of tax due for the audited period. If the Division determines that any amount of additional gross tax is due, it shall notify the permit holder in writing by personal delivery or U.S. Mail, stating that the permit holder has 10 calendar days from the receipt of written notification in which to provide additional information to the Division. If the permit holder does not correct the audit finding and make payment within the allotted time, the Division will assess the proper amount due together with interest and penalties and initiate administrative proceedings according to Rule 61A-10.027, F.A.C.

(3) To determine whether the accounting records of the permit holder are reasonably accurate, the Division shall use the formula of beginning inventory plus purchases for the period, less tax exempt sales, less ending inventory, to ascertain taxable sales for the period. Adjustments made to this formula will be based on factual and substantiated evidence. The results of the formula will represent sales transactions as defined in Section 210.01(3), F.S., for the period under review.

History

• Rulemaking Authority 210.09, 210.10 FS. Law Implemented 210.01, 210.09, 210.13 FS. History–New 9-2-08.

Fla. Admin. Code R. 61A-10.0112 Required Documentation for Imported Cigarettes

Importers must maintain the following documentation and provide it to the Division upon request:

(1) A copy of the importers permit issued by the Internal Revenue Service;

(2) A copy of the Tobacco Tax and Trade Bureau form 5220.6 for the cigarettes showing the cigarette disbursement tax information required by the federal taxing authorities; and

(3) A Federal Trade Commission approval letter certified document demonstrating compliance with federal labeling regulations and ingredient reporting.

(4) A Department of Health and Human Services, Office of Smoking and Health, Certificate of Compliance letter demonstrating compliance with federal ingredient reporting requirements.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.09, 210.185 FS. History–New 9-2-08.

Fla. Admin. Code R. 61A-10.012 Manufacturers’ and Importers’ Representatives, Reports and Responsibilities

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.01, 210.085, 210.09 FS. History–Repromulgated 12-19-74, Formerly 7A-10.12, Amended 1-24-91, 8-28-91, Formerly 7A-10.012, Amended 9-2-08, Repealed 6-7-12.

Fla. Admin. Code R. 61A-10.013 Transactions, Wholesale Dealers, Manufacturers’ and Importers’ Representatives

(1) Cigarette transactions between manufacturers’ and/or importers’ representatives and qualified wholesale dealers are to be reported individually as either purchases or sales, as the case may be. Exchanges of cigarettes, unless on an even package for package basis, are to be reported as both sales and purchases. No net or adjusted totals are permitted. It will be the responsibility of each manufacturer’s and importer’s representative to issue individual sales slips for all such transactions.

(2) Any wholesale dealer making purchases from a manufacturer’s or importer’s representative must list on the monthly report the name and permit number of the manufacturer or importer on whose behalf the representative is acting. Each such sale or purchase is to be reported separately.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.09, 210.01 FS. History–Repromulgated 12-19-74, Amended 2-1-76, Formerly 7A-10.13, 7A-10.013, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.014 Wholesale Dealers, Purchase for Resale Prohibited

Cigarette wholesale dealers are prohibited from purchasing cigarettes from retail dealers for the purpose of resale; however, cigarettes may be returned to a wholesale dealer’s inventory by retail dealers if such returns are reported on the wholesale dealer’s monthly report.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.15 FS. History–Repromulgated 12-19-74, Formerly 7A-10.14, 7A-10.014, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.015 Transfer, Unstamped Cigarettes

History

• Rulemaking Authority 210.10(1) FS. Law Implemented 210.06(1) FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-10.15, Amended 3-15-90, Formerly 7A-10.015, Repealed 9-2-08.

Fla. Admin. Code R. 61A-10.016 Wholesaler, Distributing Agent or Exporter, Permit Changes

History

• Rulemaking Authority 210.10(1) FS. Law Implemented 210.15(7) FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-10.16, 7A-10.016, Repealed 9-2-08.

Fla. Admin. Code R. 61A-10.017 Direct Shipments, Prohibition, Exception, and Excise Taxes

(1) No manufacturer or importer may ship cigarettes directly to any retail dealer in the State of Florida; and no wholesale dealer may place orders with a manufacturer or importer for a direct shipment of cigarettes to a retail dealer.

(2) Whenever cigarettes are shipped by a vendor from outside the state directly to individual consumers in Florida, the out-of-state vendor has a responsibility to provide information to the Division as required by the Jenkins Act, Title 15, Chapter 10A, Section 376, United States Code. Any person selling or transferring cigarettes for profit in interstate commerce to other than a wholesale dealer must first report to the Division their intent to sell into Florida by providing their name and trade name, and the address of their places of business. By the 10th calendar day of each month the person must report to the Division all sales or transfers of cigarettes shipped into Florida by providing a memorandum or copy of the invoice covering each and every shipment made during the previous calendar month, and including the name and address of the person to whom the shipment was made, the brand, and the quantity thereof.

In those cases where the 10th calendar day falls on a Saturday, Sunday, or a legal holiday, reports shall be accepted as timely filed if postmarked or delivered to the Division on the following business day which is neither a Saturday, Sunday or legal holiday. As used in this rule, legal holiday means those days as designated in Section 110.117, F.S., and Federal holidays.

(3) Any person in possession of any cigarettes upon which a tax is imposed and upon which that tax has not been paid is personally liable for the amount of tax imposed. Whenever cigarettes are shipped from an out-of-state vendor to an individual consumer in Florida, the person receiving the cigarettes is responsible for the tax on the cigarettes and the payment of the tax to the state. DBPR Form AB&T 4000A-215, Individual Cigarette And/Or Tobacco Product Excise Tax Report, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08) is used to report such cigarettes and for payment of the applicable excise taxes due to the Division.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.02, 210.085 FS. History–Repromulgated 12-19-74, Formerly 7A-10.17, 7A-10.017, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.018 Invoices or Daily Sales Tickets, Cigarette Sales to Retail Dealers

(1) Cigarette wholesale dealers are required to keep sales tickets or invoices covering all sales of cigarettes to retail dealers.

(2) Invoices of cigarette sales by wholesale dealers to retail dealers must include:

(a) Seller’s business name, address, and cigarette wholesale dealer’s state permit number;

(b) Invoice number;

(c) Purchaser’s business name;

(d) Purchaser’s name (individual, partnership, or corporation);

(e) Business address of purchaser, including county name;

(f) Retail dealer state permit number;

(g) Date of delivery;

(h) Number of packages or cartons of each brand sold or delivered; and

(i) If products other than cigarettes are located on an invoice to the retail dealer, cigarettes shall be listed following one another in uninterrupted order.

(3) Invoices which include both cigarettes and other tobacco products must meet the minimum requirements set forth in this rule and Rule 61A-10.053, FAC.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.09(4)(a), 210.20, 569.007 FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-10.18, 7A-10.018, Amended 12-20-94, 9-2-08.

Fla. Admin. Code R. 61A-10.0181 Invoices, Other Tobacco Products Sales to Retail Dealers

History

• Rulemaking Authority 210.75 FS. Law Implemented 210.75, 569.007, 210.25(13), 210.60 FS. History–New 12-20-94, Repealed 9-2-08.

Fla. Admin. Code R. 61A-10.019 Retail Dealers, Records to Be Kept

History

• Rulemaking Authority 210.10(1) FS. Law Implemented 210.09(2), (3) FS. History–New 12-19-74, Formerly 7A-10.19, 7A-10.019, Repealed 8-26-98.

Fla. Admin. Code R. 61A-10.020 Vending Machines, Permits and Restrictions

(1) Vending machines may only be operated by retail dealers.

(2) Vending machine operators must possess a Florida retail dealer permit issued by the Division. This permit shall cover the vending machine operator’s primary business location as well as registered vending machines owned or operated by the vending machine operator. The premises on which a vending machine is located or placed must also possess a Florida retail dealer permit issued by the Division.

(3) Each vending machine dispensing cigarettes must be registered with the Division and have affixed thereto an identification sticker, DBPR form AB&T 4000A-008, Cigarette Vending Machine Identification, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08), furnished by the Division.

(4) No vending machines dispensing cigarettes may sell or offer for sale other products which are labeled or packaged in such a manner to resemble, represent or have a tendency to misrepresent cigarette products being sold or offered for sale unless notice is clearly provided that the product being dispensed is not a cigarette product. Notice is sufficient if displayed on or adjacent to the individual lever depressed or extended by the consumer to receive the product.

History

• Rulemaking Authority 210.10(1), 569.009 FS. Law Implemented 210.01, 210.07, 210.085, 569.003 FS. History–Amended 10-20-72, Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-10.20, Amended 1-16-89, Formerly 7A-10.020, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.021 Vending Machines, Reports

Vending machine operators are required to furnish the Division, DBPR form AB&T 4000A-240 Monthly Changes of Vending Machine Locations, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08) and DBPR form AB&T 4000A-241 Annual Schedule of Vending Machine Locations, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08), on July 1st of each year.

History

• Rulemaking Authority 210.10(1) FS. Law Implemented 210.09 FS. History–Repromulgated 12-19-74, Amended 3-1-76, Formerly 7A-10.21, 7A-10.021, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.024 Records and Reports

History

• Rulemaking Authority 210.10(1) FS. Law Implemented 210.09 FS. History–New 3-1-76, Formerly 7A-10.24, 7A-10.024, Repealed 8-26-98.

Fla. Admin. Code R. 61A-10.025 Wholesalers/Stamping Agent, Multiple Locations, Discounts

History

• Rulemaking Authority 210.10(1) FS. Law Implemented 210.05(3)(a) FS. History–New 3-1-76, Formerly 7A-10.25, 7A-10.025, Repealed 8-26-98.

Fla. Admin. Code R. 61A-10.026 Sale of Stamped, Untaxed Cigarettes by Stamping Agents or Wholesale Dealers to Indians for Retail Sale, Reporting

(1) Stamping agents or wholesale dealers may sell stamped but untaxed cigarettes only to the Seminole Indian Tribe or to an enrolled member thereof exclusively for retail sale on Seminole Indian Reservation or trust lands when such cigarettes have Division approved stamps affixed. For purposes of this section, stamped but untaxed cigarettes will be referred to as “Indian cigarettes.”

(2) Indian cigarettes may be sold only to a retail business exclusively owned and operated by the Seminole Indian Tribe or an enrolled member thereof for retail sale exclusively by such Tribe or member on Seminole Reservation or trust lands.

(3) Each designated stamping agent selling any such stamped but untaxed cigarettes to the Seminole Indian Tribe or to an enrolled member thereof shall obtain and provide to the Division the following report and records:

(a) The invoice or sales slip substantiating any such tax-free sale shall be attached to the monthly report. The invoice or sales slip must be signed by a person authorized to receive such stamped but untaxed cigarettes.

(b) The name of any person authorized to receive and sign for such tax-free cigarettes shall be submitted by the designated stamping agent to the Division.

(c) A written statement which sets forth all persons or entities holding a direct or indirect interest in the retail business, located on Seminole Indian Reservation or trust lands, purchasing Indian cigarettes and all persons or entities entitled to share in any profits or income of the retail business purchasing such cigarettes. This statement shall be obtained prior to any sales of stamped but untaxed cigarettes to any retail business located on Indian Reservations or trust lands. Any changes in interest or entitlement to share of profits or income shall be reported to the Division. Statements shall be kept on file for a period of three years and shall be available for inspection and review by the Division.

(4) All inventories of cigarettes bearing stamps which are to be sold to the Seminole Indian Tribe or an enrolled member thereof for sale on Indian Reservations or trust lands must be kept in a separate and secure bonded area of the wholesale dealer’s warehouse so as not to allow the commingling of taxed cigarettes bearing stamps with untaxed cigarettes bearing stamps. A log of all receipts and withdrawals must be maintained for the secured area by the stamping agent.

(5) No stamping agent shall be authorized to receive any Indian cigarettes which have been spoiled, damaged, or become stale unless such stamping agent originally applied the stamp to the Indian cigarettes.

(6) All stamping agents who apply stamps to cigarettes must separate taxable cigarettes from nontaxable Indian cigarettes prior to cancellation of cigarette tax stamps by the Division. Since there is no tax paid there can be no refund of tax for spoiled, damaged, or stale Indian cigarettes.

(7) Any sales of stamped but untaxed cigarettes by a stamping agent not in strict conformity with the provisions of this rule shall be deemed a taxable sale and such stamping agent shall be liable for payment of such taxes.

History

• Rulemaking Authority 210.09, 210.10(1), 210.11 FS. Law Implemented U.S.C. Const. Art I §8, cl. 3, U.S.C. Const. Art VI cl. 2, 25 U.S.C. §§ 261-264, 210.05(5), 210.09 FS. History–New 10-14-79, Formerly 7A-10.26, Amended 12-31-85, Formerly 7A-10.026, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.027 Interest on Excise Tax; Due Dates

(1) Excise taxes on cigarettes assessed pursuant to the accounting records and returns of the stamping agent are due not later than the 10th calendar day of the month following the calendar month in which the taxes were incurred. Interest on taxes assessed shall accrue from that date.

(2) Excise taxes on cigarettes owed by a stamping agent which are assessed as a result of a Division audit shall become due not later than the 10th calendar day of the month following the calendar month in which the Division determines the taxes were incurred. Interest on taxes assessed shall accrue from that date.

(3) Excise taxes on cigarettes owed by a stamping agent which are assessed as a result of a Division audit under circumstances where the Division is unable to allocate the taxes to any particular month shall be due not later than the 10th calendar day of the month following the calendar month which the Division makes its assessment. Interest on taxes owed shall accrue from that date.

(4) In those cases where the 10th calendar day falls on a Saturday, Sunday, or a legal holiday, remittances shall be accepted as timely filed if postmarked or delivered to the Division on the following business day which is neither a Saturday, Sunday or legal holiday. As used in this rule, legal holiday means those days as designated in Section 110.117, F.S., and Federal holidays.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.02(6) FS. History–New 10-31-89, Formerly 7A-10.027, Amended 9-2-08.

Fla. Admin. Code R. 61A-10.031 New Off Premise Storage of Unstamped Cigarettes

History

• Rulemaking Authority 210.10(1) FS. Law Implemented 210.09 FS. History–New 3-15-90, Formerly 7A-10.031, Repealed 9-2-08.

Fla. Admin. Code R. 61A-10.050 Definitions

“Tobacco Products Wholesale Dealer” also known as “TWD” means a “distributor” as defined in Section 210.25(4), F.S.

History

• Rulemaking Authority 210.75 FS. Law Implemented 210.01, 210.25 FS. History–New 9-2-08.

Fla. Admin. Code R. 61A-10.051 Excise Tax Exemption, Reports

Excise taxes imposed by Section 210.30, F.S., shall not apply to the following:

(1) Tobacco products sold at post exchanges, ship service stores, ship stores, slop chests, or other outlets to members of the armed services of the United States when such establishments are operated under the regulations of the Army, Navy, or Air Force of the United States; the United States Coast Guard; or NASA on such reservations in this state; however, it is unlawful for anyone, including members of the armed services of the United States, to purchase such tax-exempt tobacco products for resale within the State of Florida.

(2) Tobacco products shipped directly from the manufacturer or importer to facilities operated by the Federal Bureau of Prisons, located on lands solely owned by the United States government, for consumption by such inmates. Manufacturers or importers shipping such tobacco must notify the Division each month of the facility name and the quantity of tobacco products shipped.

(3) Each tobacco products wholesale dealer selling such tax-free tobacco products shall attach to the monthly report a copy of the invoice substantiating such tax-free sale. The invoice must be signed by a person authorized to receive such tax-free tobacco products. The name of any person authorized to receive and sign for such tax-free tobacco products must be submitted by the commanding officer of the military installation to the auditor supervisor for the district of the Division where the military installation is located.

History

• Rulemaking Authority 210.55, 210.75 FS. Law Implemented U.S.C. Const. Art. VI cl. 2; 4 U.S.C. § 107; 14 U.S.C. §§ 1, 2; 42 U.S.C. §§ 2451, 2472; 210.30 FS. History–New 9-2-08.

Fla. Admin. Code R. 61A-10.052 Monthly Reports, Required

(1) Licensed tobacco products wholesale dealers and manufacturers, both inside and outside this state, shall keep complete and accurate records and make full and complete reports reflecting the detail of all transactions on the appropriate and applicable forms furnished by the Division. The following forms are incorporated by reference herein and effective 11/2019, and are available through the Division’s online Electronic Data Submission (EDS) System accessible via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or a paper form may be requested by contacting the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Bureau of Auditing at 2601 Blair Stone Road, Tallahassee, Florida 32399-1022: DBPR ABT 4000A-300, In-State Tobacco Products Wholesale Dealer’s Report; DBPR ABT 4000A-305, Out-Of-State Tobacco Products Wholesale Dealer’s Report; and DBPR ABT 4000A-310, Tobacco Products Manufacturer’s and Importer’s Detail Report. Such forms may be submitted through the EDS system, or the paper form may be mailed to the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Bureau of Auditing, 2601 Blair Stone Road, Tallahassee, Florida 32399-1022.

(2) Additionally, copies of the EDS and paper forms may be viewed at the following website links: DBPR ABT 4000A-300, In-State Tobacco Products Wholesale Dealer’s Report ‒ (EDS), https://www.flrules.org/Gateway/reference.asp?No=Ref-11251, (paper), https://www.flrules.org/Gateway/reference.asp?No=Ref-11252; DBPR ABT 4000A-305, Out-Of-State Tobacco Products Wholesale Dealer’s Report – (EDS), https://www.flrules.org/Gateway/reference.asp?No=Ref-11253, (paper) https://www.flrules.org/Gateway/reference.asp?No=Ref-11311; DBPR ABT 4000A-310, Tobacco Products Manufacturer’s and Importer’s Detail Report – (EDS), https://www.flrules.org/Gateway/reference.asp?No=Ref-11255, (paper) https://www.flrules.org/Gateway/reference.asp?No=Ref-11256.

(3) The monthly required reports and remittances shall be deemed to be filed in a timely manner and qualify the tobacco products wholesale dealer for collection allowances under Chapter 210, F.S., when the required reports and remittances are postmarked or received by the Division on or before the 10th calendar day of the month following the month being reported. In those cases where the 10th calendar day falls on a Saturday, Sunday, or a legal holiday, monthly reports and remittances shall be accepted as timely filed if postmarked or received by the Division on the following business day which is neither a Saturday, Sunday or legal holiday. As used in this rule, legal holiday means those days as designated in Section 110.117, F.S., and Federal holidays.

(4) Mail containing the required monthly reports and remittances must bear a date mark stamp affixed by the U.S. Postal Service, or other established businesses engaged in the delivery of mail, to authenticate the mailing date. Postage meters owned, leased, or operated by the tobacco products wholesale dealer or manufacturer shall not serve as proof of mailing date without supporting affidavits, letters, or records by the tobacco products wholesale dealer or manufacturer that the reports were placed in the U.S. Mail, or other established businesses engaged in the delivery of mail, on or before the 10th calendar day of the month.

(5) Failure of the tobacco products wholesale dealer to submit the required reports and remittances shall cause the tobacco products wholesale dealer to be deemed delinquent and to forfeit all rights and privileges of collection allowances authorized by Chapter 210, F.S.

(6) If reports are physically delivered to the Division after the 10th calendar day of the month for reasons beyond the tobacco products wholesale dealer’s control, the Division shall consider affidavits and other supporting documentation in determining whether or not an exception should be made to approve the collection allowances authorized by Chapter 210, F.S.

(7) Tobacco products wholesale dealers receiving tobacco products from manufacturers shall be required to furnish the Division with a list of shipments received each month on form DBPR ABT 4000A-300, In-State Tobacco Wholesale Dealer’s Report. Manufacturers shipping tobacco products to Florida tobacco products wholesale dealers shall be required to furnish the Division with a list of shipments made each month on form DBPR ABT 4000A-310, Tobacco Products Manufacturer’s and Importer’s Detail Report.

(8) The Division shall authorize manufacturers to distribute sample packages of tobacco products within the state and provide tobacco products to employees and stockholders; provided, such samples and gifts are reported on form DBPR ABT 4000A-245-T, Manufacturer’s and Importer’s Report for Distribution of Samples, which is incorporated herein by reference and effective 11/2019. Form DBPR ABT 4000A-245-T, Manufacturer’s and Importer’s Report for Distribution of Samples is available through the Division’s EDS system via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or a paper form may be requested by contacting the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Bureau of Auditing at 2601 Blair Stone Road, Tallahassee, Florida 32399-1022. A copy of the EDS form may be viewed at https://flrules.org/Gateway/reference.asp?No=Ref-11249, and a copy of the paper form may be viewed at https://flrules.org/Gateway/reference.asp?No=Ref-11250. The form may be submitted through the Division’s EDS System, or the paper form may be mailed to the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Bureau of Auditing, 2601 Blair Stone Road, Tallahassee, Florida 32399-1022. The report and remittance shall be submitted to the Division on or before the 10th calendar day of each month for samples or gifts distributed during the previous month.

(9) If the Division determines that payment is due from the taxpayer, the Division shall notify the taxpayer in writing by personal delivery, email, or U.S. Mail, stating that the taxpayer has 10 calendar days from the receipt of written notification in which to correct the report. If the taxpayer does not correct the report within the allotted time then the Division will notify the taxpayer in writing by personal delivery, email, or U.S. Mail, that it intends to assess the amount due together with interest, penalties, disallowance of discount, and initiate administrative proceedings.

(10) When the Division performs an audit on the taxpayer, it shall determine the payment due. If the Division determines that any payment is due from the taxpayer, it shall notify the taxpayer in writing, stating that the taxpayer has 10 calendar days from the receipt of written notification in which to provide the Division with additional information. After 10 calendar days, the Division will notify the taxpayer in writing, that it intends to assess the proper amount due together with interest, penalties, disallowance of discount, and initiate administrative proceedings.

History

• Rulemaking Authority 210.55, 210.75 FS. Law Implemented 210.276, 210.55, 210.60 FS. History–New 9-2-08, Amended 2-23-20.

Fla. Admin. Code R. 61A-10.053 Records Maintenance

History

• Rulemaking Authority 210.75 FS. Law Implemented 210.60 FS. History–New 9-2-08, Repealed 6-7-12.

Fla. Admin. Code R. 61A-10.054 Invoices, Tobacco Products Sales to Retailers

(1) Tobacco products wholesale dealers are required to keep sales tickets or invoices covering all sales of tobacco products to retailers. Invoices of tobacco products sales by tobacco products wholesale dealers to retailers shall include:

(a) Tobacco products wholesale dealer’s name, address, and state permit number;

(b) Invoice number;

(c) Purchaser’s business name;

(d) Purchaser’s name (individual, partnership, or corporation);

(e) Purchaser’s business address;

(f) Retailer’s state permit number;

(g) Date of delivery;

(h) Number of units of each brand of tobacco products, wholesale price per unit, and discount per unit sold to the retailer;

(i) If items other than tobacco products are listed on the invoice to the retailer, tobacco products shall be listed following one another in uninterrupted order; and

(j) In addition to the above requirements, an out of state tobacco products wholesale dealer licensed by the state of Florida shall list discounts separate and apart from the wholesale price of each unit. All discounts and free units attached to units being sold shall not reduce the unit wholesale price for tax purposes.

(2) Invoices which include both cigarettes and other tobacco products must meet the minimum requirements set forth in this rule and Rule 61A-10.018, F.A.C.

History

• Rulemaking Authority 210.75 FS. Law Implemented 210.25, 210.60 FS. History–New 9-2-08.

Fla. Admin. Code R. 61A-10.055 Excise Tax Refunds

(1) To receive a refund or credit for tobacco products upon which the excise tax has been paid and the products have been subsequently transferred to an out-of-state location, or returned to a manufacturer or importer, or been destroyed, the tobacco products wholesale dealer must provide the following documentation to the Division:

(a) Tobacco products shipped back to a manufacturer or importer must have an affidavit or credit memo from the manufacturer or importer stating that they have received the tobacco products.

(b) Tobacco products sold to tobacco products wholesale dealers, retailers, or consumers located outside of the state of Florida must have a sales invoice listing the quantity and type of tobacco products sold as well as the name, address, and telephone number of the out-of-state destination.

(c) Destroyed tobacco products must be witnessed by an agent of the Division and a copy of the signed destruction form must be provided to the Division.

(2) The amount of the tax reduction can be taken by reporting the transaction on the appropriate details page of form DBPR ABT 4000A-300, In-State Tobacco Products Wholesale Dealer’s Report, which is incorporated herein by reference and effective 11/2019. Form DBPR ABT 4000A-300 is accessible via http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/electronic-data-submission/, or a paper form may be requested by contacting the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Bureau of Auditing at 2601 Blair Stone Road, Tallahassee, Florida 32399-1022. A copy of the EDS form may be viewed at https://flrules.org/Gateway/reference.asp?No=Ref-11251, and a copy of the paper form may be viewed at https://flrules.org/Gateway/reference.asp?No=Ref-11252. The form may be submitted through the Division’s EDS System, or the paper form may be mailed to the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, Bureau of Auditing, 2601 Blair Stone Road, Tallahassee, Florida 32399-1022.

(3) In lieu of taking the deduction on the monthly report, the tobacco products wholesale dealer can request that the Division pay the refund or credit back to them.

History

• Rulemaking Authority 210.75 FS. Law Implemented, 210.25, 210.67 FS. History–New 9-2-08, Amended 2-23-20.

Fla. Admin. Code R. 61A-10.080 Application for Cigarette Permit, Manufacturer or Importer

(1) In order to be permitted as a manufacturer or importer, or to make changes to an existing manufacturer or importer permit, a completed application must be submitted to and approved by the Division. A completed application shall consist of the following:

(a) Properly executed application on form, DBPR ABT-6024 Application for Wholesale Cigarette Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08). Instructions for filling out form DBPR ABT-6024 are provided in form DBPR ABT-6024i, Instructions for Completing Application for Wholesale Cigarette Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08).

(b) Payment of the permit fee of $100.

(c) A copy of a Federal permit to manufacture or import cigarettes.

(d) If the location for any permit is in the state, the applicant must submit to the Division a sketch of the premises along with a right of occupancy for the location. The sketch of the premises shall display all areas to be covered by the permit being applied for as well as all adjacent areas that currently have or will have another permit issued by the Division.

(2) A separate and complete application must be made for each place of business located within this state. Absent such a place of business in this state a permit is required for wherever its principal place of business is located.

(3) Permits remain in effect until July 1st following their issuance, or until suspended or revoked by the Division, or until surrendered by the permit holder.

(4) Prior to the expiration of the permit, the Department of Business and Professional Regulation will send permitees a renewal notice. The permitee shall comply with the terms of the renewal notice and submit a renewal fee of $100 prior to July 1st of each year. It is the permitee’s responsibility to timely renew a permit. Failure to receive the renewal notice from the Department of Business and Professional Regulation shall not excuse a permittee from penalties associated with late renewal.

(5) The Division shall assess delinquent renewal penalties on permit holders who fail to timely renew their permits. The Division will use the postmark date as evidence of delinquency. Any renewal postmarked after the due date will be considered delinquent and must pay the applicable delinquent renewal penalty in addition to the renewal fee to the Division prior to the permit being renewed. A penalty of $20 will be assessed for each month or part of a month of such delinquency. Any permit not renewed within 60 days of its expiration shall be cancelled by the Division, unless the permit is involved in litigation. Furthermore, the Division may renew a permit after the 60 days for good and sufficient cause.

(6) A manufacturer or importer permit may not be transferred to a new owner.

(7) The Division may allow a permit to be moved to another location. To request that a permit be moved, a permit holder must follow the procedure set out in paragraph 61A-10.084(1)(b), F.A.C.

(8) If requested and upon application for a permit, the Division shall issue an initial temporary permit to any new applicant who has filed a complete application which does not on its face provide for denying a permit. The initial temporary permit will be valid for up to 90 days and may be extended by the Division for up to an additional 90 days. If the applicant is denied a permit, the initial temporary permit will cease to be valid on that date. The initial temporary permit fee is $100, which is separate from the permit fee and which shall be submitted to the Division upon request of the initial temporary permit.

History

• Rulemaking Authority 210.10, 210.15 FS. Law Implemented 210.15, 210.151, 210.1605 FS. History–New 9-2-08.

Fla. Admin. Code R. 61A-10.081 Application for Cigarette Permit, Wholesale Dealer, Exporter, or Cigarette Distributing Agent

(1) In order to be permitted as a wholesale dealer, exporter, or cigarette distributing agent, or to make changes to an existing wholesale dealer permit, exporter permit, or cigarette distributing agent permit, a completed application must be submitted to and approved by the Division. A completed application shall consist of the following:

(a) Properly executed application on form, DBPR ABT-6024 Application for Wholesale Cigarette Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08). Instructions for filling out form DBPR ABT-6024 are provided in form DBPR ABT-6024i, Instructions for Completing Application for Wholesale Cigarette Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08).

(b) A set of fingerprints for each applicant and for any person or persons interested directly or indirectly with the applicant in the business for which the permit is being sought. Applicants shall properly execute and submit form DBPR ABT-6021 Division of Alcoholic Beverages and Tobacco Fingerprint Affidavit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08), along with the official fingerprint card. When making changes to an existing permit, fingerprints will only be required for new applicants and for any new person or new persons interested directly or indirectly with the business for which the permit is changed.

(c) Payment of the permit fee of $100.

(d) If the location for any permit is in the state, the applicant must submit to the Division a sketch of the premises along with a right of occupancy for the location. The sketch of the premises shall display all areas to be covered by the permit being applied for as well as all adjacent areas that currently have or will have another permit issued by the Division.

(e) Applicants shall properly execute and submit form DBPR ABT-6032, Division of Alcoholic Beverages and Tobacco Surety Bond Form, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08). Instructions for filling out form DBPR ABT-6032 are provided in form DBPR ABT-6032i, Instructions for Completing DBPR ABT-6032, Division of Alcoholic Beverages and Tobacco Surety Bond Form, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective 2/08).

(2) A separate and complete application must be made for each place of business located within this state. Absent such a place of business in this state a permit is required for wherever its principal place of business is located.

(3) Permits remain in effect until July 1st following their issuance, or until suspended or revoked by the Division, or until surrendered by the permit holder.

(4) Prior to the expiration of the permit, the Department of Business and Professional Regulation will send permitees a renewal notice. The permitee shall comply with the terms of the renewal notice and submit a renewal fee of $100 prior to July 1st of each year. It is the permitee’s responsibility to timely renew a permit. Failure to receive the renewal notice from the Department of Business and Professional Regulation shall not excuse a permitee from penalties associated with late renewal.

(5) The Division shall assess delinquent renewal penalties on permit holders who fail to timely renew their permits. The Division will use the postmark date as evidence of delinquency. Any renewal postmarked after the due date will be considered delinquent and must pay the applicable delinquent renewal penalty in addition to the renewal fee to the Division prior to the permit being renewed. A penalty of $20 will be assessed for each month or part of a month of such delinquency. Any permit not renewed within 60 days of its expiration shall be cancelled by the Division, unless the permit is involved in litigation. Furthermore, the Division may renew a permit after the 60 days for good and sufficient cause.

(6) A wholesale dealer permit, exporter permit, or cigarette distributing agent permit may not be transferred to a new owner.

(7) The Division may allow a permit to be moved to another location. To request that a permit be moved, a permit holder must follow the procedure set out in paragraph 61A-10.084(1)(b), F.A.C.

(8) If requested and upon application for a permit, the Division shall issue an initial temporary permit to any new applicant who has filed a complete application which does not on its face provide for denying a permit. The initial temporary permit will be valid for up to 90 days and may be extended by the Division for up to an additional 90 days. If the applicant is denied a permit, the initial temporary permit will cease to be valid on that date. The initial temporary permit fee is $100, which is separate from the permit fee and which shall be submitted to the Division upon request of the initial temporary permit.

History

• Rulemaking Authority 210.10, 210.15 FS. Law Implemented 210.01, 210.15, 210.151, 210.1605 FS. History–New 9-2-08.

Fla. Admin. Code R. 61A-10.082 Application for a Tobacco Products Wholesale Dealer Permit

(1) A tobacco products wholesale dealer permit is required by any entity acting as a distributor as defined in Section 210.25(4), F.S.

(2) In order to be permitted as a tobacco products wholesale dealer, or to make changes to an existing permit, a completed application must be submitted to and approved by the Division of Alcoholic Beverages and Tobacco. A completed application shall consist of the following;

(a) Properly executed application on form, DBPR ABT-6005 Application for Tobacco Products Wholesale Dealer’s Permit, which is incorporated herein by reference and revised January 2013. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco or at http://www.flrules.org/Gateway/reference.asp?No=Ref-16010. Instructions for filling out form DBPR ABT-6005 are provided in form DBPR ABT-6005i, Instructions for Completing Application for Tobacco Products Wholesale Dealer, which is incorporated herein by reference and effective February 2008. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco or at http://www.flrules.org/Gateway/reference.asp?No=Ref-16009.

(b) Payment of the permit fee of $25.

(c) If the location for any permit is in the state, the applicant must submit to the Division a sketch of the premises along with a right of occupancy for the location. The sketch of the premises shall display all areas to be covered by the permit being applied for as well as all adjacent areas that currently have or will have another permit issued by the Division.

(d) Submission of a corporate surety bond issued by a surety company authorized to do business in Florida in the amount of no less than $1,000. The Division shall require a larger bond amount in accordance with the surety bond requirements specified in Rule 61A-10.0821, F.A.C, if the minimum is insufficient to fully protect the state.

(e) Applicants shall properly execute and submit form DBPR ABT-6032, Division of Alcoholic Beverages and Tobacco Surety Bond Form, which is incorporated herein and amended September 2010. This form is available upon request from the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco or at http://www.flrules.org/Gateway/reference.asp?No=Ref-16011.

(3) A separate and complete application must be made for each place of business the distributor proposes to engage in business. The applicant may provide the Division with one corporate surety bond in an amount determined by the Division for all applications made by the distributor in accordance with the surety bond requirements specified in Rule 61A-10.0821, F.A.C.

(4) The permit shall expire on June 30th of each year. The Department of Business and Professional Regulation will send out renewal notices to permittees prior to the expiration of the permit. The permittee shall comply with the terms of the renewal notice and submit the renewal fee of $25 prior to July 1st of each year. It is the permittee’s responsibility to timely renew a permit. Failure to receive the renewal notice from the Department of Business and Professional Regulation shall not excuse a permittee from penalties associated with late renewal.

(5) The Division shall assess delinquent renewal penalties on permit holders who fail to timely renew their permits. The Division will use the postmark date as evidence of delinquency. Any renewal postmarked after the due date will be considered delinquent and must pay the applicable delinquent renewal penalty in addition to the renewal fee to the Division prior to the permit being renewed. A penalty of $20 will be assessed for each month or part of a month of such delinquency. Any permit not renewed within 60 days of its expiration shall be cancelled by the Division, unless the permit is involved in litigation. Furthermore, the Division may renew a permit after the 60 days for good and sufficient cause.

(6) A tobacco products wholesale dealer’s permit may not be transferred to a new owner. An attempt to transfer the permit will result in automatic expiration.

(7) If requested and upon application for a permit, the Division shall issue an initial temporary permit to any new applicant who has filed a complete application which does not on its face provide reason for denying a permit. The initial temporary permit will be valid for up to 90 days and may be extended by the Division for up to an additional 90 days. If the applicant is denied a permit, the initial temporary permit will cease to be valid on that date. The initial temporary permit fee is $25, which is separate from the permanent permit fee and which shall be submitted to the Division upon request of the initial temporary permit.

History

• Rulemaking Authority 210.40, 210.75 FS. Law Implemented 210.25, 210.35, 210.40, 210.405, 210.45, 210.51 FS. History–New 9-2-08, Amended 11-9-23.

Fla. Admin. Code R. 61A-10.0821 Surety Bond Requirements

(1) All corporate surety bonds required under Section 210.40 F.S. must be issued by a surety company authorized to do business in the State of Florida, conditioned for the payment when due of all taxes, penalties, and accrued interest which may be due the state.

(2) All applicants for a Tobacco Products Wholesale Dealer permit must submit an initial corporate surety bond in the amount of $1000, on forms specified in Rule 61A-10.082, F.A.C.

(3) The Division of Alcoholic Beverages and Tobacco will complete a review of all permit holders’ corporate surety bonds on a semiannual basis.

(a) In its semiannual reviews, the Division will review the total of each permit holder’s final audited tax liabilities, penalties, and accrued interest which are due the state.

(b) In its semiannual reviews, the Division will determine the highest month of each permit holder’s final audited tax liabilities, penalties, and accrued interest which are due the state.

(c) After each semiannual review, when the amount of a permit holder’s existing corporate surety bond is less than the highest month of the permit holder’s final audited tax liabilities, penalties, and accrued interest which are due the state, the surety bond shall be increased to a sum representing the highest month of the permit holder’s final audited tax liabilities, penalties, and accrued interest which are due the state.

(4) When applications for a tobacco products wholesale dealer permit are made for multiple places of business at which a distributor proposes to engage in business as a distributor, the applicant may provide one corporate surety bond in an amount consistent with Subsection (2) and (3)(a)-(c) above.

History

• Rulemaking Authority 210.40 FS, 210.75 FS Law Implemented 210.25, 210.35, 210.40 FS. History–New 11-9-23.

Fla. Admin. Code R. 61A-10.083 Application for Retail Dealer Permit, Cigarette and Tobacco Products

(1) For this section the term retail tobacco products dealer shall refer to the definition provided by Section 569.002(4), F.S. For this section the term tobacco products shall refer to the definition provided by Section 569.002(6), F.S. A tobacco products retail dealer permit is required to sell cigarettes and tobacco products at retail.

(2) In order to be permitted as a retail dealer, or to make changes to an existing tobacco products retail dealer permit, the applicant or permit holder must do one of the following:

(a) Retail dealers only interested in applying for a retail dealer tobacco products permit must review form DBPR ABT-6028i, Instructions for Completing Application for Retail Tobacco Products Dealer Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08), and shall complete and submit form DBPR ABT-6028, Application for Retail Tobacco Products Dealer Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08); or

(b) Retail dealers interested in applying for both a tobacco products permit and an alcoholic beverage license simultaneously must review form DBPR ABT-6001i, Instructions for Completing Alcoholic Beverage License and Retail Tobacco Products Dealer Permit Application, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08), and complete and submit form DBPR ABT 6001, Application for Alcoholic Beverage License and Retail Tobacco Products Dealer Permit, as referenced in Rule 61A-5.700, F.A.C.; or

(c) Retail dealers interested in applying for multiple permits or to make changes thereto must review form DBPR ABT-6028i, Instructions for Completing Application for Retail Tobacco Products Dealer Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08), and complete and submit form DBPR ABT 6028 Application for Retail Tobacco Products Dealer Permit, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08).

(3) The fee for a new tobacco products retail dealer permit shall be $50.

(a) For applicants applying under paragraph (2)(a) of this rule, the $50 fee must be paid when the application is submitted to the Division.

(b) Applicants applying under paragraph (2)(a) of this rule must submit the $50 fee once the application has been approved by the Division. The Division will notify the applicant of their approval and will invoice the applicant for the cigarette and tobacco products retail dealer permit.

(4) The terms “place of business,” “place,” “the premises,” “location,” “single location,” and “permitted premises” are synonymous. Place of business is defined as rooms where tobacco products are stored or sold or kept for the purpose of sale or consumption.

(a) Where sales of tobacco products are conducted through a vending machine, the premises shall include the place where the vending machine is located and any such vending machine including the area within the unobstructed line of sight of the dealer, or the dealer’s agent or employee responsible for preventing sales to persons under 18 years of age.

(b) Where sales of tobacco products are conducted from a cart or person moving about, the place of business and/or the premises shall include any such conveyance.

(c) A theme park complex, a hotel or resort complex, a stadium, an airport facility and the like will be considered a “single location” when all buildings or structures are owned, managed, controlled or operated under one business name and are situated on the same tract or plot of land that is not separated by a public street or highway.

(d) Itinerant stores, industrial caterers, trains, steamships and similar vehicles and vessels may be permitted for the retail sale of cigarette and tobacco products with the vehicle or vessel being designated as the place of business. In any such case, the location address shall be the office or homeport address in this state where the vehicle or vessel is domiciled.

(5) The permit year for a retail tobacco products dealer permit shall be from January 15 through the following January 15 of each year and shall not be prorated except as follows:

The permit year for a retail tobacco products dealer permit shall be changed so that the alcoholic beverage license and the tobacco permit may be renewed simultaneously. A person who is both an alcoholic beverage licensee and a retail tobacco products dealer permit holder will have a permit year commensurate with the alcoholic beverage license year. The retail tobacco products dealer permit will be renewed at a charge of $50 and the permit year shall commensurate with the license year of the alcoholic beverage license which is either April 1 through March 31 or October 1 through September 30 as specified by county.

(6) A cigarette and tobacco products retail dealer permit may not be transferred to a new owner.

(7) The Division shall issue at the request of the applicant a temporary retail tobacco products permit whenever an applicant is also filing a temporary alcoholic beverage license of any kind. There shall be no fee for the issuance of the temporary retail tobacco products dealer permit.

(8) If a permit is lost or destroyed, a retail tobacco products permit holder may apply to the Division for the issuance of a duplicate permit. This request shall be in the form of an affidavit advising that the permit has been lost or destroyed and shall be accompanied by payment of a $15 fee.

(9) Prior to the expiration of the permit, the Department of Business and Professional Regulation will send permittees a renewal notice. The permittee shall comply with the terms of the renewal notice and submit a renewal fee of $50 prior to the permit expiration date. It is the permittee’s responsibility to timely renew a permit. Failure to receive the renewal notice from the Department of Business and Professional Regulation shall not excuse a permittee from penalties associated with late renewal.

(10) The Division shall assess delinquent renewal penalties on permit holders who fail to timely renew their permits. The Division will use the postmark date as evidence of delinquency. Any renewal postmarked after the due date will be considered delinquent and must pay the applicable delinquent renewal penalty in addition to the renewal fee to the Division prior to the permit being renewed. A penalty of $5 will be assessed for each month or part of a month of such delinquency.

History

• Rulemaking Authority 569.009 FS. Law Implemented 569.002, 569.003 FS. History–New 9-2-08.

Fla. Admin. Code R. 61A-10.084 Permit Changes

(1) Any permittee desiring to make a change in the business name and/or the location of the place of business must secure a supplemental permit reflecting the new business name and/or location prior to initiating the change. Application for such supplemental permits must be made to the Division on the appropriate forms.

(a) To request a change of business name or change of mailing address, a permittee must complete and submit DBPR form ABT-6009 Change of Business Name or Change of Mailing Address Application, which may be obtained as specified in Rule 61A-5.001, F.A.C., and is incorporated herein by reference and effective (2/08), to the Division.

(b) To make changes to a permit not covered by paragraph (a), the permittee shall submit a complete application to the Division as specified in Rules 61A-10.080, 61A-10.081 and 61A-10.082, F.A.C.

(2) Any wholesale dealer, distributing agent, or exporter desiring to make any changes in business name and/or location must furnish the Division with satisfactory evidence that the bond covering the wholesale dealer’s, distributing agent’s or exporter’s business has been properly changed to reflect the new business name and/or place of business.

History

• Rulemaking Authority 210.10 FS. Law Implemented 210.15 FS. History–New 9-2-08.

Fla. Admin. Code R. 61A-10.085 Duplicate License Request

Any permittee desiring to replace a lost or destroyed permit, may make a request to the Division for the issuance of a duplicate permit. This request shall be in the form of an affidavit advising that the permit has been lost or destroyed.

History

• Rulemaking Authority 20.165, 120.536, 210.10, 455.2035, 569.009 FS. Law Implemented 210.15, 455.219, 569.003 FS. History–New 9-2-08.

Fla. Admin. Code R. 61A-10.022 Vending Machines, Military Installations

History

• Rulemaking Authority 210.10(1) FS. Law Implemented 210.04(5) FS. History–New 12-19-74, Formerly 7A-10.22, 7A-10.022, Repealed 8-26-98.

Division 61B Division of Florida Condominiums, Timeshares and Mobile Homes

Chapter 61B-3 FEES AND COSTS

Fla. Admin. Code R. 61B-3.0001 Definitions (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.023, 498.024, 498.025, 498.027, 498.029, 498.031, 498.033, 498.039, 498.047 FS. History-New 2-16-93, Formerly 7D-3.0001, Amended 9-28-93, 1-26-97, 5-31-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-3.001 Fees, Cost of Inspections and Investigations (Repealed)

History

• Specific Authority 498.007(1), 498.017 FS. Law Implemented 498.007(1), 498.011, 498.017, FS. History-New 10-8-68, Amended 12-9-69, Revised 12-17-71, Amended 12-19-74, 9-22-77, 12-24-80, 4-17-85, Formerly 7D-3.01, Amended 1-4-87, 2-16-93, Formerly 7D-3.001, Amended 9-28-93, 1-26-97, 5-31-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-3.008 Investigations (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.047(2) FS. History-New 2-16-93, Formerly 7D-3.008, Repealed 10-28-08.

Chapter 61B-5 PROCEDURE FOR REGISTRATION

Fla. Admin. Code R. 61B-5.0022 Registration

History

• Specific Authority 498.007(1) FS. Law Implemented 498.027, 498.029(1), 498.031, 498.033, 498.037, 498.039(1), 498.041 FS. History–New 12-24-80, Amended 4-17-85, Formerly 7D-5.022, Amended 8-20-86, 2-16-93, Formerly 7D-5.0022, Amended 1-26-97, 5-31-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-5.0026 Material Changes; Termination of Registration

History

• Specific Authority 498.007(1) FS. Law Implemented 498.017(5), 498.033, 498.039, 498.041, 498.047 FS. History–New 12-31-80, Amended 4-17-85, Formerly 7D-5.026, Amended 8-20-86, 2-16-93, Formerly 7D-5.0026, Amended 9-28-93, 2-27-97. 5-31-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-5.003 Financial Statements

History

• Specific Authority 498.007(1) FS. Law Implemented 498.033, 498.007 FS. History–New 12-31-80, Formerly 7D-5.03, Amended 2-16-93, Formerly 7D-5.003, Amended 5-31-98, Repealed 10-28-08.

Chapter 61B-6 ENCUMBRANCES AND IMPROVEMENTS

Fla. Admin. Code R. 61B-6.001 Mortgages and Other Encumbrances

History

• Specific Authority 498.007(1) FS. Law Implemented 498.027, 498.039 FS. History–Revised 12-17-71, Amended 12-19-74, 4-14-76, 7-1-76, 9-22-77, 12-31-80, 6-9-82, Formerly 7D-6.01, Amended 8-20-86, 2-16-93, Formerly 7D-6.001, Amended 1-26-97, 6-9-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-6.004 Encumbrance Reports (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.039(6),(7) FS. History-New 12-31-80, Amended 6-9-82, Formerly 7D-6.04, Amended 8-20-86, 2-16-93, Formerly 7D-6.004, Amended 1-26-97, 6-9-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-6.006 Assurances for Uncompleted Improvements/Interim Maintenance of Subdivided Lands (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.027, 498.039 FS. History-New 6-9-82, Amended 4-17-85, Formerly 7D-6.06, Amended 8-20-86, 1-24-91, 2-16-93, Formerly 7D-6.006, Amended 9-28-93, 2-27-97, 6-9-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-6.010 Modification or Release of Assurances (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.017(6), 498.039 FS. History-New 6-9-82, Amended 4-17-85, Formerly 7D-6.10, Amended 2-16-93, Formerly 7D-6.010, Amended 9-28-93, 1-26-97, 6-9-98, Repealed 10-28-08.

Chapter 61B-7 CONTRACTS, AGREEMENTS FOR DEED AND PUBLIC OFFERING STATEMENT

Fla. Admin. Code R. 61B-7.011 Public Offering Statement (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.037 FS. History-New 12-17-71, Repromulgated 12-19-74, Amended 12-24-80, Formerly 7D-8.011, Amended 8-20-86, Formerly 7D-8.0011, 61B-8.0011, Amended 1-26-97, 5-8-98, Repealed 10-28-08.

Chapter 61B-9 ADVERTISING

Fla. Admin. Code R. 61B-9.0011 Identifying Designation (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.035 FS. History-New 12-17-71, Repromulgated 12-19-74, Formerly 7D-9.01, Amended 9-22-77, 12-31-80, Formerly 7D-9.011, 7D-9.0011, Amended 5-18-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-9.003 Letter of Transmittal (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.035(1) FS. History-New 12-17-71, Repromulgated 12-19-74, Amended 12-31-80, 4-17-85, Formerly 7D-9.03, Amended 8-20-86, 2-16-93, Formerly 7D-9.003, Amended 1-26-97, 5-18-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-9.032 Standards (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.007, 498.024(1)(b), 498.035 FS. History-New 12-17-71, Amended 12-19-74, 12-31-80, Formerly 7D-9.32, 7D-9.032, Amended 1-26-97, 5-18-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-9.036 Approval of Vacation Certificates (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.035(2) FS. History-New 12-19-74, Amended 12-31-80, Formerly 7D-9.36, 7D-9.036, Amended 5-18-98, Repealed 10-28-08.

Chapter 61B-13 EXEMPTIONS

Fla. Admin. Code R. 61B-13.003 Exemption Advisory Opinions (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.017(7), 498.025(5) FS. History-New 2-16-93, Formerly 7D-13.003, Amended 10-1-93, 5-18-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-13.011 Acceptable Permanent Road Maintenance (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.025, 498.027 FS. History-New 2-16-93, Formerly 7D-13.011, Amended 10-1-93, 5-18-98, Repealed 10-28-08.

Fla. Admin. Code R. 61B-13.102 Application for Reservation Program (Repealed)

History

• Specific Authority 498.007(1) FS. Law Implemented 498.017, 498.024 FS. History-New 2-16-93, Formerly 7D-13.102, Amended 10-1-93, 1-26-97, 5-18-98, Repealed 10-28-08.

Chapter 61B-15 FORMS AND DEFINITIONS

Fla. Admin. Code R. 61B-15.0011 Definitions for Filings and Documents

For purposes of these rules and Sections 718.502, 718.503 and 718.504, F.S., the following definitions shall apply:

(1) “Documents” means any or all of the documents comprising the “filing” as that term is defined in these rules.

(2) “Days” means calendar days and, in computing any period of time prescribed or allowed for a filing or response, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. The term “legal holiday” means those days on which State of Florida government offices are closed for legal holiday as provided by Section 110.117, F.S.

(3) “File” means to submit required documents to the division in the Tallahassee, Florida, office via ground mail, airmail, facsimile, e-mail, or other means, so long as the division actually receives the filing and has the equipment and software necessary to view and review the filing.

(4) “Filing” means the documents required to be submitted to the division pursuant to Sections 718.502, 718.503 or 718.504, F.S. The documents or filing may be comprised of paper, CD-ROM, facsimile, e-mail, or other media, so long as the division actually receives the filing and has the equipment and software necessary to view and review the filing.

(5) “Medium” or “media” means the format used to file documents with the division or deliver documents to purchasers. Examples of “media” include: paper, e-mail, facsimile, CD-ROM, and Internet website.

(6) “Offer” means any advertisement, inducement, solicitation, or attempt to encourage any person to acquire an interest in a condominium unit, either proposed or existing, if undertaken for gain or profit.

(7) “Received” or “receipt” by the division refers to the date on which the division or department actually receives a filing or documents related to a filing. If a filing is delivered to the division via facsimile or e-mail, the facsimile or e-mail confirmation sheet shall be evidence of the date on which the division received the filing. If the filing is delivered to the division via ground mail, airmail, or overnight service, the carrier’s delivery receipt shall be evidence of the date on which the division received the filing. In the absence of any of the foregoing evidence of division receipt, the division will use the earliest department or division date stamp on the filing as the date received.

(8) “Written” means and includes paper, CD-ROM, facsimile, e-mail, or other media so long as the division actually receives the filing and has the equipment and software necessary to view and review the filing.

History

• Rulemaking Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.502, 718.503, 718.504 FS. History–New 12-23-02.

Fla. Admin. Code R. 61B-15.0012 Forms

History

• Rulemaking Authority 718.501(1)(f), 718.502(1)(c), 718.621 FS. Law Implemented 718.403, 718.406, 718.502, 718.503, 718.504, 718.618(8) FS. History–New 12-23-02, Amended 8-26-04, 8-15-05, 10-16-13, Repealed 2-2-14.

Fla. Admin. Code R. 61B-15.007 Developer, Defined

(1) For purposes of filing under Sections 718.202, 718.502, 718.503, 718.504 and 718.505, F.S., and Rule 61B-23.003, F.A.C., the term developer includes, subject to the exceptions provided in Section 718.103(16), F.S., or these rules:

(a) A creating developer, which means any person who creates a condominium;

(b) A successor or subsequent developer, which means any person, other than the creating developer or concurrent developer, who offers condominium parcels for sale or lease for more than 5 years in the ordinary course of business; and

(c) A concurrent developer, which means any person who acts concurrently with a developer in offering to sell or lease for more than 5 years condominium parcels in the ordinary course of business. As used in this rule, person includes natural persons, corporations, partnerships, limited liability companies, and any other legal entities.

(2) The following constitutes “offering condominium parcels in the ordinary course of business” for filing purposes, as defined by subsection 61B-15.0011(4), F.A.C., where that person:

(a) Offers more than 7 parcels, or for condominiums comprised of less than 70 parcels, where that person offers more than 5 parcels in the condominium within a period of 1 year; or,

(b) Participates in a common promotional plan that offers more than 7 parcels within a period of 1 year. A person is not, however, deemed to have participated in a plan merely by virtue of providing financial contributions or professional or brokerage services.

(3) Notwithstanding the above, one is not offering condominium units in the ordinary course of business for filing purposes, as defined by subsection 61B-15.0011(4), F.A.C., where all of the units are offered and conveyed to a single purchaser in a single transaction. An example of such a transaction would be a financial lending institution receiving title to a number of condominium units through foreclosure or deed in lieu of foreclosure and then conveying all of such units to another person. In such circumstances, the lending institution would not be deemed to be a developer for filing purposes. However, such entity shall, upon the conveyance to a single purchaser, notify the division in writing of the identity and business address of the purchaser, the name of the condominium involved, the date of the conveyance and the number of units conveyed.

(4) For purposes of filing with the division, as defined by subsection 61B-15.0011(4), F.A.C., one is not offering condominium parcels for sale or lease for more than 5 years in the ordinary course of business where that person offers parcels in a condominium that consists of 7 or fewer residential units including all residential units planned in a phase condominium and all residential units planned within a multicondominium. However, this shall not relieve the developer of the duty to file a notice of recording information and pay annual fees as required by Sections 718.104(2), 718.403(8), and 718.501(2)(a), F.S. and subsection 61B-17.001(3), F.A.C.

(5) This rule applies to developer filing requirements and shall not exempt a developer from complying with all other provisions of the Condominium Act where the developer is offering fewer units than specified in this rule.

History

• Rulemaking Authority 718.501 FS. Law Implemented 718.103(11), (12), (16), (23), 718.104(2), 718.106, 718.403(8), 718.502-.505 FS. History–New 10-1-85, Formerly 7D-15.07, Amended 1-27-87, 7-10-88, 3-21-89, 6-13-89, Formerly 7D-15.007, Amended 11-14-95, 12-23-02, 3-7-06, 4-2-09.

Chapter 61B-17 FILINGS

Fla. Admin. Code R. 61B-17.001 Developer, Filing; Electronic Filing Required

(1)(a) Except in the case of a reservation program, a developer of a residential condominium shall file with the division one copy of each document required by Sections 718.502(5), 718.503, and 718.504, F.S. The filing shall occur prior to any offering of a condominium unit to the public. The developer shall submit with the filing a Developer/Condominium Filing Statement, DBPR Form CO 6000-2, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-03414, and effective 10-16-13. When each subsequent phase is filed, the developer shall submit DBPR Form CO 6000-3, Filing Statement for Subsequent Phases, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-03405, and effective 12-23-02. A copy of both of these forms may be obtained by contacting the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

(b) In the case of a reservation program, a developer of a condominium shall file with the division one copy of each document required by Section 718.502(2), F.S., and shall obtain approval of the division prior to any offering of a condominium unit to the public. In addition, a developer shall file, prior to offering, proof of the developer’s ownership, contractual, or leasehold interest in the land upon which the condominium is to be developed. Such evidence must provide the address, or otherwise specify the location, of the land upon which the condominium is to be developed.

(2) For purposes of this rule the division shall accept a signed written statement from the developer or the developer’s attorney describing the developer’s interest in the land upon which the condominium is to be developed. The signature of the developer or the developer’s attorney constitutes a certificate that they have read the statement and, to the best of their knowledge, information, and belief formed after reasonable inquiry, the statement accurately describes the developer’s interest in the land.

(3) Upon recording the declaration of condominium pursuant to Section 718.104(2), F.S., or amendments adding phases pursuant to Section 718.403, F.S., the developer shall file the recording information with the division within 120 working days on DBPR Form CO 6000-1, NOTICE OF CONDOMINIUM RECORDING INFORMATION, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-03404, and effective 8-15-05. A copy of this form may be obtained by contacting the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030. If the recorded documents have not already been filed, reviewed, and approved by the division in accordance with subsection (1) of this rule and Sections 718.502(5), 718.503, and 718.504, F.S., prior to recording, then a complete copy of the recorded documents must be submitted with DBPR Form CO 6000-1, NOTICE OF CONDOMINIUM RECORDING INFORMATION. If the recorded documents have been previously filed, reviewed, and approved by the division, then only the form need be filed.

(4) Frequently Asked Questions and Answers Sheet. Each developer shall submit with its filing a completed Frequently Asked Questions and Answers Sheet substantially conforming to DBPR Form CO 6000-4, FREQUENTLY ASKED QUESTIONS AND ANSWERS SHEET, incorporated herein by referenced, http://www.flrules.org/Gateway/reference.asp?No=Ref-03406, and effective 12-23-02. A copy of both of this form may be obtained by contacting the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030. The answers to the questions may be summary in nature, in which case the answers shall refer to identified portions of the condominium documents.

(5) Estimated Operating Budgets. Each condominium filing shall include an estimated operating budget conforming to the requirements of Rule 61B-22.003, F.A.C., in a single exhibit labeled “Estimated Operating Budget.”

(6) Once a developer has filed documents with the division for review pursuant to Rule 61B-17.005, F.A.C., the developer may offer units to the public. However, the developer shall not close on contracts until the documents are approved by the Division pursuant to Rule 61B-17.005, F.A.C.

(7) Beginning on July 1, 2007, all new developer filings required or permitted by Chapter 61B-17, F.A.C., except as otherwise provided in this rule, shall be made by electronic filing with the Division. This requirement applies to original filings, amendment filings, reservation filings, notices of intended conversion, and any other filing. No filing, except as provided in this rule, shall be submitted to the Division in a paper format, except that filings submitted prior to July 1, 2007, in a paper format shall be allowed to be completed in a paper format.

(a) Format. All electronic filings shall be contained in a CD ROM format. No filings shall be submitted by email or Internet, dial up modem, floppy disc, or email attachment directed to the Division. Within the CD ROM, the documents shall be presented in a portable document format (PDF) with each document labeled by name.

(b) Signatures. All documents required to contain an original signature, such as the fully executed escrow agreement, shall be reproduced electronically and shall be included on the CD ROM.

(c) Seals. All documents required to contain a seal such as an engineer’s seal, architect’s seal or notary public’s seal, shall be reproduced electronically in such a way as to make the seal evident, and shall be included on the CD ROM.

(d) Developer responses to notices of deficiency issued by the Division shall be submitted electronically in PDF format either on a CD ROM, or as a PDF or WORD attachment to an email.

(e) Integrated text. Within 45 days following receipt of the Division’s letter of approval of an electronic filing, the developer shall submit to the Division a plain text integrated version of the filed documents in CD ROM format incorporating the initial filing with all changes necessitated by the Division’s examination process. For example, the declaration shall be shown as a single document containing all required amendments within its text without underlining or strike-through format. The integrated filing CD ROM shall include a signed written statement by the developer’s attorney, or by the developer if not represented by an attorney, stating that the CD ROM contains an accurate integrated text of the filing. If there was no change in the filed documents necessitated by the Division’s examination process, this subsection will not apply.

(f) Temporary Exemption. A developer may apply for a temporary hardship exemption if the developer experiences unanticipated technical difficulties that prevent the timely preparation and submission of any electronic filing. Such application shall be made in paper format and filed with the Division. A developer who files in paper under the temporary hardship exemption must submit an electronic format copy of the filed paper documents within 14 days of the filing of the paper format document.

(g) Continuing Hardship Exemption. Until July 1, 2008, if a developer determines that the preparation of an electronic filing is unduly burdensome, unduly expensive, or is not technologically available, the developer may apply to the Division for an automatic exemption from the requirement of an electronic filing in order to be permitted to file the documents in a paper format. Such automatic exemption shall only apply to the individual filing for which it is requested.

History

• Rulemaking Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.104, 718.403, 718.502, 718.504(21) FS. History–New 11-15-77, Amended 7-22-80, 7-6-81, 8-31-83, 10-1-85, Formerly 7D-17.01, Amended 1-27-87, 7-10-88, Formerly 7D-17.001, Amended 2-22-94, 2-20-97, 4-14-99, 1-26-03, 8-15-05, 1-17-07, 12-10-13.

Fla. Admin. Code R. 61B-17.0012 Declaration; Filing

Any document required to be delivered to a prospective buyer or lessee pursuant to Section 718.503 or 718.504, F.S., which describes the developer’s (or other person’s) right to retain control of the association shall recite the provisions of Sections 718.301(1)(a)-(g), F.S., regarding turnover of control of the association. This disclosure requirement shall not prohibit a developer from providing in the declaration for turnover to the unit owners other than the developer at an earlier point than the maximum time period set forth in these statutory entitlements.

History

• Rulemaking Authority 718.501 FS. Law Implemented 718.301, 718.503, 718.504 FS. History–New 11-23-93, Amended 12-10-13.

Fla. Admin. Code R. 61B-17.002 Procedure for Filing

(1) Each filing shall contain in the forepart a Table of Contents which lists the documents in the filing, in the order in which they appear.

(2) Each document shall be tabbed and labeled on the right side. Each label shall identify the document by appropriate word, phrase or abbreviation.

(3) Each filing shall be submitted in an expandable file folder approximately 14-3/4'' by 9-1/2'' in size. Filing statements and the Filing Checklist described in this rule shall be submitted with the documents and need not be submitted to purchasers.

(4) There shall be submitted with each filing a Filing Checklist which substantially conforms to DBPR Form CO 6000-7, Filing Checklist, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-03409, and effective 12-23-02. A copy of this form may be obtained by contacting the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

(5) A developer who contracts to sell a condominium parcel when the construction, furnishing and landscaping of the condominium property submitted to condominium ownership have not been substantially completed or renovation of property converted to condominium ownership has not been substantially completed in accordance with the plans, specifications or representations made by the developer, shall file with the division a copy of a fully executed escrow agreement for contract deposits pursuant to Section 718.202, F.S. An escrow agreement is deemed to be fully executed by the inclusion of the dates of execution and the appropriate signatures. An escrow agreement is the agreement between the developer and the escrow agent establishing the escrow account.

(6) If the developer wishes to include in the filing certain documents that were previously reviewed and accepted by the division, the filing shall be accompanied by DBPR Form CO 6000-5, Certificate of Identical Documents, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-03407, and effective 12-23-02. A copy of this form may be obtained by contacting the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

(7) Wherever possible, the division shall utilize electronic means of communication in its correspondence with the developer including e-mail and facsimile. If requested, the Division shall utilize the means of communication preferred by the developer.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.202, 718.502, 718.503, 718.504, 718.505 FS. History–New 11-15-77, Amended 7-22-80, Formerly 7D-17.02, Amended 4-1-92, Formerly 7D-17.002, Amended 1-26-03. 8-30-04, 12-10-13.

Fla. Admin. Code R. 61B-17.003 Phase Condominium Filing

(1) Every developer of a phase residential condominium shall file the initial phase with the division. Said initial filing shall be submitted as required by Rule 61B-17.002, F.A.C.

(2) “Subsequent Phase” means any phase not submitted to the condominium form of ownership with the recording of the original declaration of condominium. Subsequent phase(s) shall be filed as set forth below prior to offering any unit therein for sale or lease when the lease period is more than five years. Amendments to the declaration providing for subsequent phases and supporting documentation may be filed at the same time as the initial filing, or at a later time, but at any time all requirements of this rule shall be observed.

(3) In addition to filing as mentioned above, upon recording an amendment to the declaration submitting a subsequent phase to the condominium form of ownership, the developer shall file the recording information in accordance with subsection 61B-17.001(4), F.A.C. Upon substantial completion of the construction of each subsequent phase, the developer shall file with the division a survey prepared by a surveyor authorized to practice in the State of Florida with the appropriate certificate of the surveyor. Said certificate shall state that the construction of the improvements is substantially complete and is an accurate representation of the location and dimensions of the improvements. There shall be no filing fee for the filings described in this paragraph.

(4) When subsequent phase(s) are filed, the developer shall submit all amendments and all additional information, as outlined in Chapter 718, F.S., and these rules that pertain to said phase. Documents previously filed with the initial phase and which also pertain to the subsequent phase being filed, may be incorporated into the filing of subsequent phase(s) by reference thereto in the Filing Statement for Subsequent Phase(s).

(5) Subsequent phases shall be filed using the amendment procedures provided by Rule 61B-17.006, F.A.C. The filing fee due pursuant to Section 718.502(3), F.S., for each residential unit being added in the subsequent phase, shall accompany the filing. Each filing of a subsequent phase shall be submitted with the Filing Statement for Subsequent Phase(s).

(6) Filing for each subsequent phase shall contain a Table of Contents identifying the contents of the filing and their page numbers. The developer shall prepare the Table of Contents indicating the order in which the documents appear in the subsequent filing in order to facilitate review by the division.

(7) The declaration for an initial phase shall include a description of each anticipated phase in the manner required by Section 718.403, F.S.

(a) The estimated operating budget filed with the division in a phase condominium shall include a budget for the condominium completed through the phase being filed and a budget for the condominium as it would be upon completion of all phases, using estimated expenses as of the date of filing.

(b) The description of the general size of units pursuant to Section 718.403(2)(b), F.S., shall be stated in terms of approximate square footage per unit type.

(8) Any amendment to the declaration that adds subsequent phases shall state the resulting percentage or proportion of the ownership interest in the common elements appurtenant to each unit.

(9) After the original declaration of condominium has been recorded, any amendment changing the estimated completion dates of any phase or changing the items required to be included in the original declaration by Section 718.403(2), F.S., shall be approved by all unit owners.

(10) If the phase plan is being extended under Section 718.403(1), F.S., the phase amendment filing must include a recorded amendment with the required unit owner approval and either of the documents required under Section 718.403(1)(c), F.S., used to determine the time period of 10 years.

History

• Rulemaking Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.104(4)(f), 718.403(1)-(7), 718.502(3), 718.503(2) FS. History–New 11-15-77, Amended 7-22-80, 5-11-82, Formerly 7D-17.03, Amended 1-27-87, Formerly 7D-17.003, Amended 1-20-97, 1-26-03, 8-5-03, 12-10-13.

Fla. Admin. Code R. 61B-17.005 Examination of Documents

(1) “Initial Acceptance” means the division finds the filed documents that have been recorded acceptable as corrected, if any corrections are made following a notice of deficiency.

(2) “Final Acceptance” means:

(a) The division finds the non-recorded documents acceptable as corrected, if any corrections are made following a notice of deficiency, or

(b) The developer submitted recorded amendment(s) to previously recorded documents that incorporate corrections made after a notice of deficiency.

(3) “Record” or “recorded” means a document that has been recorded in the official records of the county where the condominium is located. The copy of the recorded document(s) provided to the division must bear the county clerk’s official stamp or seal with the recording date and location in the public records by book and page. A photocopy of the recorded document is acceptable as long as the recording information is clearly legible.

(4) “Withdrawn” means the filing has been withdrawn from the review process.

(5) Upon receipt of a filing, the division will determine whether the filing is in proper form. The filing is considered to be in proper form when:

(a) Tabbing. All forms and documents, properly completed, tabbed, labeled and assembled in accordance with these rules, are included;

(b) The Condominium Filing Statement has been completed properly; and

(c) The correct filing fee has been received by the division.

(6) If the division does not give notice within (10) days after receipt of the filing, the filing is presumed to be in proper form for purposes of the examination process. If the filing is not considered to be in proper form, the division shall notify the developer or its agent of the unacceptability of the filing and the reasons therefor.

(7)(a) The division will examine the content of the filing to determine its sufficiency under the Condominium Act and these rules. Within 45 days from receipt of the initial filing, the division shall notify the developer or its agent by mail of any deficiencies or that the filing is accepted. If the notice is not given within 45 days from receipt of the filing, the filing is presumed to be accepted. However, failure to notify the developer or its agent of any deficiencies shall not preclude the determination of deficiencies at a later date nor shall it relieve the developer of any responsibility under the law.

(b) Division acceptance of a filing pursuant to these rules shall automatically expire if, within 24 months after the date of the division’s acceptance letter, the developer has not, pursuant to Section 718.104, F.S., created the condominium indicated in the accepted filing, or in the case of a phase condominium, has not created the phase or phases pertaining to that filing. However, division acceptance of a filing will not expire if, within 30 days before or after the expiration of the 24-month period referenced above, the developer in writing requests to extend the filing acceptance for an additional 24-month period. Additional requests to extend the acceptance may be filed within 30 days before or after the expiration of any requested extension. There is no fee associated with the timely filing of a request to extend the division’s acceptance of a developer filing. Accompanying each request for extension shall be a statement signed by the developer or its duly authorized representative affirming that as of the date the request for extension is sent to the division, all changes to the accepted filing occasioned by changes in Chapter 718, F.S. The Condominium Act, and the rules of the division, have been effectuated. The developer, when the filing acceptance expires pursuant to this rule, shall immediately and in writing notify all purchasers under contract of the expiration of acceptance of the filed documents and shall offer immediate refunds of any deposits collected, as well as interest as appropriate, under the contracts. If a filing acceptance expires, the developer, when subject to the provisions of Section 718.202, F.S., shall, within 45 days of such expiration, provide to the division a complete accounting of any deposits collected pursuant to the accepted documents. A complete refiling of the documents pursuant to the requirements of Chapter 718, F.S., and these rules, including the payment of filing fees, shall be required prior to any additional offerings.

(c) As utilized in this rule, the phrase “complete accounting” refers to a list of the names and addresses of all purchasers under contract, the date each contract was entered into, the amount of each deposit, the date and amount of each disbursement from the escrow account, and a copy of all notifications to purchasers under contract required by this rule.

(8) The developer shall have 45 days from the date of the division’s notification of deficiencies in the filing to correct any deficiencies noted by the division. The developer shall submit such corrections with a cover letter containing an itemization of corrections in the same order in which the deficiencies were presented and shall submit corrected pages showing additions and deletions by underline and strike through or similar coding. The division shall, however, grant an extension of the 45-day period upon written request received by the division within the 45-day period, which request shall set forth the reasons for the request. If deficiencies are not corrected within the 45-day period and an extension of time is not timely requested, the division shall reject the filing and no further offers may be made. The developer will not be granted more than four (4) 45-day extensions. The division shall notify the developer of said rejection by a final order. Prior to the issuance of a final order, the division shall notify the developer of the pending action and shall provide an opportunity for the developer to respond in writing or at a hearing if requested. If a filing is rejected, the developer, when subject to the requirements of Section 718.202, F.S., shall, within 45 days of issuance of the final order of rejection, provide the division with a complete accounting of any deposits collected pursuant to the rejected documents. The developer shall also, immediately and in writing, notify all purchasers under contract of the rejection and shall offer immediate refund of deposits collected, as well as interest as appropriate, under the contracts. A complete refiling of the documents pursuant to the requirements of Chapter 718, F.S., and these rules, including the payment of filing fees, will be required prior to any additional offerings.

(9) The division shall notify the developer or its agent within 30 days from the receipt of documents correcting noted deficiencies of the acceptability of the corrections. If the notice is not given within 30 days, the documents will be considered accepted for filing purposes.

(10) In no event shall the division’s acceptance of the filing be construed as a division endorsement or approval of the offering and no document or offering material shall indicate that the division has in any manner endorsed or approved the offering.

(11) If a filing is received without the correct filing fee, the Division’s review period will not commence and the filing will not be reviewed. If the correct filing fee is not submitted within one week after the developer receives the division’s notification, the filing will be returned, no further offers may be made, and all purchasers under contract shall be entitled to a refund of any deposit and interest earned thereon.

(12) If a filing contains previously recorded documents that require corrections, a recorded amendment incorporating these corrections must be filed within 30 days of the division issuing an Initial Acceptance. If the recorded amendment is not submitted or if the filing has not been withdrawn within the 30-day period, the division will reject the filing under this rule, and no further offers may be made utilizing the rejected documents.

History

• Rulemaking Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.501, 718.502, 718.505 FS. History–New 11-15-77, Amended 7-22-80, 8-31-83, Formerly 7D-17.05, Amended 9-7-88, 3-21-89, Formerly 7D-17.005, Amended 1-26-03, 8-30-04, 12-10-13.

Fla. Admin. Code R. 61B-17.006 Filing and Examination of Amendments to Documents

(1) “Amendment” means:

(a) Any change to documents that have previously been filed with and accepted by the division, and

(b) Any change to a document(s) recorded in the public records, whether the change is technical or substantive, regardless of the procedure by which the change is made. Developers shall file such changes as amendments, regardless of the nature of the changes, except as provided in paragraph (6)(b).

(2) “Initial Acceptance” means the division finds the filed documents that have been recorded acceptable as corrected, if any corrections are made following a notice of deficiency.

(3) “Final Acceptance” means:

(a) The division finds the non-recorded documents acceptable as corrected, if any corrections are made following a notice of deficiency, or

(b) The developer submitted recorded amendment(s) to previously recorded documents that incorporate corrections made after a notice of deficiency.

(4) “Record” or recorded” means a document that has been recorded in the official records of the county where the condominium is located. The copy of the recorded document(s) provided to the division must bear the county clerk’s official stamp or seal with the recording date and location in the public records by book and page. A photocopy of the recorded document is acceptable as long as the recording information is clearly legible.

(5) “Withdrawn” means the filing has been withdrawn from the review process.

(6)(a) Every developer of a condominium who holds a unit for sale in a condominium shall submit to the division any amendments in documents or items on file with the division and deliver to the purchaser pursuant to Rule 61B-18.001, F.A.C., all amendments prior to closing, but in no event, later than 10 days after the amendment is accepted by the division.

(b) No changes shall be made to the form purchase contract approved by the division without first filing and obtaining acceptance of such changes from the division. However, in an individual unit sale transaction using the form purchase contract approved by the division, a change to the purchase contract or a modification made on the purchase contract or the attachment of a rider or addendum to such contract is not required to be filed with the division provided that such change, modification, rider or addendum does not contain either a waiver or reduction of purchaser’s rights under Chapter 718, F.S., or a reduction of a developer’s duties under Chapter 718, F.S., and the rules promulgated thereunder, and is not otherwise inconsistent with Chapter 718, F.S. A developer is not required to deliver such change, modification, rider or addendum to any purchaser other than the purchaser whose contract has been modified by such change, modification, rider or addendum.

(c) Upon filing an amendment or amendments to documents or items that have been accepted by the division, the developer shall pay to the division a filing fee of $100 per filing. A developer may include within each filing, multiple amendments relating to a single condominium in which case a filing fee of only $100 shall be charged. However, there shall be no charge for filing documents that do not change an accepted condominium filing, such as a Certificate of Incorporation, or a change to a notice of intended conversion, reservation program, or notice of termination of condominium.

(d) The following amendments do not materially alter or modify the offering within the meaning of Section 718.503, F.S. However, nothing herein shall preclude a developer from arguing that other amendments not expressly described herein do not materially alter or modify the offering within the meaning of Section 718.503, F.S.

1. Any grammatical or typographical correction, or change in presentation or format that does not affect the meaning of any provision of the accepted offering documents and does not violate conspicuous type or other disclosure requirements contained in Chapter 718, F.S.;

2. Any substitution of an executed, filed or recorded copy of a document for the otherwise identical unexecuted, unfiled or unrecorded copy of the document contained in the accepted offering documents (with regard to the inclusion of a recorded phase amendment pursuant to Sections 718.110 and 718.403, F.S., substitution shall be permitted if the form of phase amendment accepted with the initial registration is utilized for the phase amendment and the only modifications are ministerial in nature and designed to complete the amendment instrument as originally contemplated);

3. Inclusion of updated information such as identification or description of:

a. The current officers and directors of the association;

b. The name or ownership of the developer so long as the business organization of the developer still exists;

c. Phases added to the condominium in accordance with the phasing plan, pursuant to Section 718.403, F.S., and accepted by the division;

d. Any action taken pursuant to any previously disclosed reserved right not arising under Section 718.110(4) or 718.403(2), F.S.;

e. Disclosure of improvements for which construction has been completed and which improvements were either previously proposed or not complete;

f. Modification of the applicable budgets to incorporate submission of additional phases committed to the condominium; or

g. Elimination of disclosures required by Section 718.504(12), F.S., following transfer of control of the association pursuant to Section 718.301, F.S.

4. Any inclusion of information that will have application only to purchasers not currently under contract;

5. Modifications related to an increase in closing costs for prospective purchasers;

6. Modifications related to a change in the escrow agent or changes in the provision of title insurance; or

7. Modification of a master escrow agreement to include additional condominium projects or to remove condominium projects for which the developer is no longer offering units for sale.

(7) The developer shall submit with the amendments the following information on a separate cover sheet:

(a) Name and physical location of the condominium to which amendments apply;

(b) Developer’s name and mailing address;

(c) Division Identification Number;

(d) Identification of document to which amendment applies;

(e) Book, page number and county where recorded, if applicable;

(f) A statement summarizing each amendment; and

(g) Identification of all new and deleted language. This requirement may be accomplished by providing a coded copy of the new documents identifying new language with underlining and striking through material to be deleted from the documents.

(8) The division may require that documents or items be revised to include amendments if said revision is deemed necessary by the division for full and adequate disclosure.

(9) Upon receipt of an amendment, the division will examine the material to determine its sufficiency under the Condominium Act and these rules. Within 35 days from receipt of the documents, the division shall notify the developer or its agent by mail of any deficiencies in the content or that the amendment is proper for filing purposes. If the notice is not given within 35 days from receipt of the documents, the amendment is presumed to be properly filed. However, failure to notify the developer or its agent of any deficiencies shall not preclude the determination of deficiencies at a later date nor shall it relieve the developer of any responsibility under the law.

(10) The developer shall have 20 days from the date of the division’s notification of deficiencies in the amended material to correct the deficiencies noted by the division. The developer shall submit such corrections with a cover letter containing an itemization of corrections in the same order in which the deficiencies were presented and shall submit corrected pages showing additions and deletions by underline and strike through or similar coding. The division shall, however, grant an extension of the 20-day period upon written request of the developer. If deficiencies are not corrected within the 20-day period and an extension of time has not been granted by the division, the division shall reject the amendment and no further offers shall be made utilizing the rejected documents.

(11) Within 20 days after the receipt of documents responding to deficiencies noted by the division, the division shall notify the developer or its agent as to the acceptability of the corrected documents. If the notice is not given within 20 days, the amended documents will be considered accepted.

(12)(a) After the filing is accepted, a developer shall not alter the condominium type through these amendment procedures. For purposes of this rule, the condominium types utilized by the division are as follows:

1. Standard Condominium refers to a single condominium operating under a single condominium association the development of which is completed in one stage of construction, as opposed to a phase condominium;

2. Land Condominium refers to a condominium in which the residential units of the real property being submitted to the condominium form of ownership consist of land only;

3. Planned Unit Development refers to a condominium which is included in or located within a real property development project that contains or will contain other types of real property ownership such as townhouses or single family homes;

4. Conversion Condominium refers to a condominium development in which currently existing real property improvements are being converted to residential condominium ownership;

5. Phase Condominium means a condominium developed pursuant to Section 718.403, F.S.; and

6. Multicondominium means a condominium that is part of or included within a development which contains more than one condominium operated by a single association.

(b) In order to change the condominium type of an accepted condominium filing, for example changing from a standard condominium plan to a phase plan, conversion, or planned unit development, or any combination thereof, the developer must file anew with the division pursuant to Section 718.502, F.S., and Rule 61B-17.005, F.A.C.

(13) In no event shall the division’s acceptance of an amendment be construed as endorsement or approval of the amendment by the division. No documents or offering materials shall indicate the division has in any manner endorsed or approved the materials.

(14) If an amendment filing contains recorded documents that require corrections, a recorded amendment incorporating these corrections must be filed within 30 days of the division issuing an Initial Acceptance. If the recorded amendment is not submitted or if the filing has not been withdrawn within the 30-day period, the division will reject the filing under this rule, and no further offers may be made utilizing the rejected documents.

History

• Rulemaking Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.103(14), 718.502, 718.502(3), 718.503, 718.504, 718.505 FS. History–New 11-15-77, Amended 7-22-80, 10-1-85, Formerly 7D-17.06, Amended 1-27-87, 4-1-92, 7-11-93, Formerly 7D-17.006, Amended 11-23-93, 1-26-03, 8-30-04, 12-10-13.

Fla. Admin. Code R. 61B-17.009 Alternative Assurances

(1) This rule governs alternative assurances provided for in Section 718.202, F.S. An alternative assurance must be approved by the Division Director prior to the use by a Developer of the sales deposits intended to be assured. Pending approval, sales deposit funds to be assured by the alternative assurance must be placed in escrow.

(2) Procedure for Filing. A proposed alternative assurance filing should be submitted under cover separate from any condominium filing. The alternative assurance filing must include:

(a) A cover letter explaining the details of the alternative assurance. The letter must include the name and address of the condominium for which the assurance is intended;

(b) A copy of the instrument evidencing the proposed alternative assurance; and

(c) A copy of the purchase deposit escrow agreement. The escrow agreement shall contain the following minimum provisions:

1. The developer and escrow agent must have the Division Director’s written approval of the use of an assurance prior to its use by the developer.

2. The amount of any assurance plus the amount of any sales deposits in escrow must at all times equal or exceed the amount of sales deposits required to be assured by Section 718.202, F.S. It is the developer’s duty to ensure that the assurances are adequate.

3. The developer shall provide the escrow agent with a monthly report of the amount of funds currently assured. The developer shall provide the division with a quarterly report of the amount of funds currently assured.

4. The developer shall ensure that the Division Director, escrow agent and the developer receive at least a 30-day notice prior to the cancellation of any assurance.

5. At least 15 days prior to the expiration of any assurance posted in lieu of the escrow requirements of Section 718.202, F.S., the developer must place funds assured by the instrument into escrow.

(3) Types of assurances. As provided by Section 718.202(1), F.S., the Division Director is authorized to accept the following types of assurances:

(a) A surety bond issued by a company authorized and licensed to issue surety bonds in Florida;

(b) An irrevocable letter of credit issued by a financial institution as defined by Section 655.005, F.S., and located in Florida; or

(c) A cash bond held by the escrow agent.

(4) Minimum terms and conditions. The assurance instrument shall include the following minimum terms and conditions:

(a) The escrow agent has authority to draw on the assurance and treat the drawn funds as if they were escrowed funds;

(b) The Division Director has authority to draw on the assurance when circumstances warrant a draw and the escrow agent fails to do so;

(c) The original expiration date of any letter of credit or surety bond shall be not less than one year from the date of issuance; and

(d) If the assurance is automatically renewable the issuer shall give the escrow agent and the Division Director not less than 30 days notice of cancellation.

(5) Purchaser Refunds: During the period in which any letter of credit is in effect, if any purchaser is entitled to a refund as provided in Section 718.202(1), F.S., the refund must be made to the purchaser within thirty (30) days after the purchaser’s request.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.202(1), 718.501(1)(d)2. FS. History–New 4-12-82, Formerly 7D-17.09, 7D-17.009, Amended 1-26-03.

Fla. Admin. Code R. 61B-17.011 Delivery of Documents via Alternative Media

(1) If the developer wishes to use alternative media (for example, CD-ROM) for delivery of documents to purchasers, the developer must give the purchaser the option of receiving paper documents or alternative media documents. The purchaser’s choice of delivery method shall be set forth in writing on a form called the “alternative media disclosure statement.” The form “alternative media disclosure statement” shall be filed with the divison for review and approval along with other required documents. The form shall:

(a) Be separate from other documents delivered;

(b) Disclose the system requirements (for example, operating system, memory, hard drive, processor speed, printer requirements, software) necessary to view the alternative media documents;

(c) State that the purchaser should not select alternative media unless the purchaser will have the means to read the documents before the expiration of the 15-day cancellation period. The alternative media disclosure statement shall be listed on the form receipt for documents in the manner prescribed in DBPR Form CO 6000-6, Receipt for Condominium Documents, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-03408, and effective 8-26-04, and as required in subsection 61B-18.004(3), F.A.C. A copy of this form can be obtained by contacting the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030. If a portion, but not all, of the documents are delivered through the use of alternative media, the developer shall identify in the prospectus table of contents and in the receipt for condominium documents which documents are being delivered via alternative media and which documents are being delivered in paper form.

(2) Prior to delivery of documents to a purchaser via alternative media, the developer must submit to the division a sample copy of the alternative media proposed for use by the developer together with an executed certificate, using the form prescribed in DBPR Form CO 6000-5, Certificate of Identical Documents, referenced in Rule 61B-17.002, F.A.C., certifying that the portion of the documents delivered via alternative media is identical in form and substance to the corresponding portion of the documents reviewed and accepted by the division.

(3) In the event that the developer amends the documents and wishes to deliver the amendment to purchasers via alternative media, the provisions of this rule shall apply.

History

• Rulemaking Authority 718.501(1)(f), 718.501(1)(c) FS. Law Implemented 718.502, 718.503, 718.504 FS. History–New 1-26-03, Amended 12-10-13.

Chapter 61B-18 DOCUMENTS

Fla. Admin. Code R. 61B-18.001 Contracts

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.202, 718.502, 718.503 FS. History–New 11-15-77, Amended 7-22-80, 10-1-85, Formerly 7D-18.01, Amended 1-27-87, Formerly 7D-18.001, Amended 4-14-99, Repealed 7-22-21.

Fla. Admin. Code R. 61B-18.002 Plot Plans and Floor Plans

(1) Every plot plan shall be a legible, scaled drafted map and shall indicate the following:

(a) Name of the condominium;

(b) Scale, date, and north arrow;

(c) Ingress and egress;

(d) The use and approximate size, location, and height of all existing and/or proposed buildings and other structures;

(e) Common areas and elements;

(f) Limited common elements;

(g) Easements;

(h) Parking areas;

(i) The party who prepared the map.

(2) Each item depicted on the plot plan shall be identified as existing or proposed.

(3) Every filing shall include, if applicable, a floor plan for each type of unit. For the purposes of disclosure provided to purchasers and filed with the Division pursuant to sections 718.502, 718.503 and 718.504, F.S., the floor plan shall be legible, and shall, at a minimum, show:

(a) The perimeter boundaries of the unit and the approximate dimensions of such boundaries.

(b) The walls separating each room within the unit and the approximate dimensions of each room.

(c) The approximate location of all doorways.

(d) The dimension requirements of this rule may be achieved with a plan drawn to scale with the scale depicted on the plan.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.103, 718.104, 718.502, 718.503, 718.504 FS. History–New 11-15-77, Formerly 7D-18.02, Amended 7-10-88, Formerly 7D-18.002, Amended 1-19-97.

Fla. Admin. Code R. 61B-18.004 Receipt for Condominium Documents

(1) Every developer who enters into a contract for the sale of a residential condominium unit or for the lease of a residential condominium unit for a lease period of more than five years shall obtain from the purchaser or lessee a receipt acknowledging that he has been provided the required documents by the developer.

(2) The developer shall itemize all items which are applicable and are to be delivered to the purchaser. Those items to be delivered shall be those documents required by the Division for filing during the examination period.

(3) Said receipt shall be in substantially the form prescribed by DBPR Form CO 6000-6, Receipt for Condominium Documents, as referenced in rule 61B-17.011, F.A.C., and shall include but not be limited to the items listed. A copy of the receipt form shall be submitted to the Division at the time of filing. The developer shall provide the purchaser or lessee with a copy of the signed receipt, upon request.

(4) The developer should retain a copy of the signed receipt for a period of five years after the date of closing of the transaction. Said receipt should be maintained in the official business records of the developer.

History

• Rulemaking Authority 718.501(1)(f), 718.502(1)(c) FS. Law Implemented 718.502, 718.503, 718.504 FS. History–New 11-15-77, Amended 7-22-80, 10-1-85, Formerly 7D-18.04, 7D-18.004, Amended 12-23-02.

Fla. Admin. Code R. 61B-18.0051 Declarations

A declaration of condominium in which percentage of ownership is not based upon an equal fractional basis shall include the square footage within each unit or unit type based on the perimetrical boundaries ascribed to each unit or unit type or the dimensions of each unit as elsewhere provided in the declaration of condominium or the survey or graphical description, as well as the total square footage of all units combined.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.104(4)(f), (g) FS. History–New 2-7-06.

Fla. Admin. Code R. 61B-18.007 Developer Exemptions Under Condominium Documents

Unless otherwise expressly authorized by chapter 718, Florida Statutes, no provision in any declaration, articles of incorporation or bylaws recorded in the public records subsequent to the effective date of this rule shall partially or totally exempt the developer, transferees or designees of the developer, or units owned by the developer or its designees from the requirements of any such document which apply to all other owners or units and which pertain to any of the following:

(1) Requirements that leases or lessees be approved by the association;

(2) Restrictions on the presence of pets;

(3) Restrictions on occupancy of units based on age;

(4) Restrictions on the type of vehicles allowed to park on condominium property or association property; however, the developer and its designees shall have the right to be exempt from any such parking restriction if the vehicle is engaged in any activity relating to construction, maintenance, or marketing of units, if such exemption is provided in the condominium documents.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.302(4) FS. History–New 1-27-87, Formerly 7D-18.007.

Fla. Admin. Code R. 61B-18.008 Disclosure of Developer’s Rental Program

(1) In determining whether a developer’s plan includes a program of leasing, and thus requires disclosure pursuant to section 718.504(10), F.S., it shall be relevant, although not dispositive, whether and the extent to which:

(a) The developer has advertised the availability of its units for rent;

(b) The developer has listed any of its units for rent with a broker or salesman;

(c) The developer has designated on internal marketing charts, memoranda or lists certain units as for sale and other units as for rent; and,

(d) The developer-owned units are available for rent but not for purchase.

(2) A developer shall be presumed not to have a program of leasing requiring disclosure pursuant to the above statute if the developer offers no more than 7 leases within a period of 1 year in a condominium comprised of 70 or more units. In condominiums containing fewer than 70 units, the foregoing presumption shall exist if, in any 1 year period, the developer offers 5 or fewer such leases.

(3) In describing a program of leasing in a prospectus for a residential condominium, the developer shall identify:

(a) The total number of units to be leased;

(b) The specific units to be leased;

(c) The provisions and duration of the proposed leases; and,

(d) The estimated length of time in which the developer plans to lease units rather than sell them or lease units and sell them subject to such leases.

(4) Where a developer has no current intention of engaging in a program of leasing at the time the prospectus is filed with the Division and therefore does not make the disclosures required by section 718.504(10), F.S., the developer may not subsequently engage in a program of leasing until the developer:

(a) Files an amendment with the Division, pursuant to rule 61B-17.006, F.A.C., fully disclosing the information noted above; and,

(b) Provides a copy of the amendment to the association and to every unit owner.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.504(10), 718.502(1),(2)(a), 718.503(1)(a) FS. History–New 1-27-87, Formerly 7D-18.008.

Chapter 61B-19 EDUCATIONAL AND TRAINING PROGRAMS

Fla. Admin. Code R. 61B-19.001 Board Member Certification and Continuing Education Courses

This rule establishes the process for instructors to offer Division created courses for condominium association directors in accordance with section 718.112, F.S. This rule applies to elected or appointed condominium association directors required to complete a board member education course, to directors required to complete an annual continuing education course, and to instructors.

(1) Definitions.

(a) “Board member certification” or “BMC” means a Division approved course offered to condominium association directors to satisfy the written certification and education certificate requirement of section 718.112(2)(d)5.b.(II), F.S., which includes training related to milestone inspections, structural integrity reserve studies, elections, recordkeeping, inspection of official records, financial literacy and transparency, levying of fines, notice and meeting requirements.

(b) “Continuing education” or “CE” means ongoing education through a Division created course offered to condominium association directors subject to the requirements of section 718.112(2)(d)5.b.(II), F.S., primarily focusing on recent statutory changes to Chapter 718, F.S., and applicable rules of the Division during the previous education year.

(c) “Division” means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation.

(d) “Education year” means the period beginning July 1 and ending June 30 of the following calendar year.

(e) “Provider” means any authorized instructor of a Division approved BMC or CE course who offers the course under this rule.

(2) Requirements for Instructor Approval.

(a) Any prospective provider seeking Division approval to provide a Division BMC or CE course shall submit a completed DBPR Form CO 6000-12, Application for Condo Board Member Certification (BMC) or Continuing Education (CE) Course Approval or Renewal, http://flrules.org/Gateway/reference.asp?No=Ref-19621, incorporated herein by reference and effective August 2026 to CTMHProviders@myfloridalicense.com or by creating an account through Department online services and completing application online.

Except as otherwise provided, a completed application must include :

1. A list of all instructors, which shall include names, mailing addresses, e-mail addresses, telephone numbers and qualifications.

2. The verification procedure to confirm satisfactory course completion by participants.

3. A description of the method of delivery for the course.

4. A price list reflecting all participant fees.

(b) Instructor Qualifications. All instructors delivering educational content for BMC or CE courses must possess and demonstrate at least one of the following qualifications:

1. A bachelor's degree and two (2) years of relevant work experience in the subject matter being taught; or

2. An associate’s degree and four (4) years of relevant work experience in the subject matter being taught; or,

3. Six (6) years of relevant work experience in the subject matter being taught; or

4. A Florida-licensed attorney in good standing with the Florida Bar and relevant work experience in the subject matter being taught.

(c) Provider Review and Approval Process

1. After receiving a submission for approval, the Division shall notify the submitter of any deficiencies.

2. Prospective providers have thirty (30) days from the date of the Division’s notification of deficiencies to correct such deficiencies and submit the corrections to the Division. If corrections are not submitted to the Division within thirty (30) days, the submission is deemed withdrawn and must be resubmitted for Division approval.

3. After receiving corrections, the Division will notify the submitter of any remaining deficiencies. Upon receipt of complete submission that meets all requirements of this rule, the Division will notify provider of approval.

(3) Provider Renewal.

(a) Provider status shall be valid for a period of two (2) years from the date of approval. A provider may apply for renewal within ninety (90) days prior to the expiration of the approval period.

(b) Those seeking renewal of provider status must submit a completed DBPR Form CO 6000-12, Application for Condo Board Member Certification or Continuing Education Course Approval or Renewal. Providers who fail to renew their provider status on a timely basis in accordance with this rule shall not offer or advertise an approved BMC or CE course.

(4) Verification of Course Completion and Certificate of Completion.

(a) An instructor must take reasonable steps to ensure that participants have satisfactorily completed a Division-created or Department-approved course in its entirety before issuing a certificate of completion.

(b) The certificate of completion must match the Division created course title. The certificate must include provider number issued by the Division upon application approval and the date which the course was completed.

(c) The provider must retain a copy of the participation roster, course records, and all issued certificates of completion for a period of one (1) year from the date the course is completed. These records shall be made available to the Division upon request.

(5) Delivery of Division Created Courses.

(a) Division-created BMC and CE courses will be available at https://www2.myfloridalicense.com/condominiums-and-cooperatives/education/, and shall include the dates that the course remains valid.

(b) Division-created or Division-approved BMC and CE courses may be provided to participants by one of the following methods:

1. Asynchronous instruction: A course consisting entirely of self-paced modules with prerecorded lectures and videos, written materials, or electronic media delivered outside the presence of an instructor.

2. Synchronous instruction: A course consisting entirely of live class sessions or lectures delivered by or in the presence of an instructor.

3. Hybrid instruction: A course consisting of both synchronous instruction and asynchronous instruction.

(6) Director Compliance.

(a) A board member satisfies the BMC or CE requirements by submitting a valid certificate of completion to the association’s secretary, or the equivalent officer, within the required timeframes:

1. For BMC, within 1 year before or ninety (90) days after being elected or appointed, or within ninety (90) days after the start of the education year in which that board member is required to renew the BMC requirement; or

2. For CE, on or before the end of the education year.

(b) The association’s secretary, or the equivalent officer, is responsible for ensuring board member compliance with all educational requirements and maintaining education records. If a board member does not meet the education requirements upon the expiration of the applicable certificate submission timeframe, the board shall suspend the director from the board until compliant with the applicable requirement(s). The board may temporarily fill the vacancy during the period of suspension until the suspended member satisfies the appropriate requirement(s).

(c) A completed BMC course certificate shall be valid for a director for seven (7) education years so long as the director continually serves as a director during that period of time. A director must take a new BMC course whenever there is a gap in service as an elected or appointed director.

(d) A director shall complete a minimum of one (1) hour of CE instruction per education year in each education year that a BMC is not completed.

(7) Previously approved BMC and CE Courses.

(a) In addition to offering Division-created courses, providers may offer directors BMC and CE Courses previously approved by the Division if the applicable statutes and rules governing the course content remain unchanged. Upon determination by the Division that applicable statutes and rules governing the course content changed the provider may only offer Division-created BMC or CE courses.

(b) The Division may rescind the approval of a previously approved BMC or CE course for the following reasons:

1. The course content is inaccurate, outdated, or misleading.

2. The course fails to meet the required learning objectives.

3. Course approval was obtained by fraud or misrepresentation.

4. The course is primarily used for marketing, solicitation, or promoting specific products or services, rather than fulfilling the educational objectives.

5. The instructor fails to comply with verification and recordkeeping requirements.

6. The instructor does not comply with Division request to review course materials.

(c) Educational credit earned through a Division-approved BMC or CE course before the provider's approval is rescinded shall remain valid.

History

• Rulemaking Authority 718.501(1)(g), 718.501(1)(k) FS. Law Implemented 718.112(2)(d)5.b.(II), 718.501(1)(k) FS. History–New 12-10-09, Amended 2-15-15, 9-3-26.

Fla. Admin. Code R. 61B-19.0015 Required Information

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.501(1)(j) FS. History–New 12-10-09, Repealed 1-19-15.

Fla. Admin. Code R. 61B-19.002 Procedure for Filing a Condominium Complaint

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.501(1), (3)(b) FS. History–New 11-15-77, Amended 7-22-80, Formerly 7D-19.02, Amended 1-27-02, 3-21-89, Formerly 7D-19.002, Repealed 1-19-97.

Fla. Admin. Code R. 61B-19.003 Processing of Condominium Complaints

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.501(1)(a) FS. History–New 11-15-77, Amended 7-22-80, 5-21-84, Formerly 7D-19.03, 7D-19.003, Repealed 1-19-97.

Fla. Admin. Code R. 61B-19.004 Educational Courses for Directors of Homeowners’ Associations

This rule establishes the education and training requirements for directors of homeowners associations in accordance with section 720.3033, F.S. This rule applies to elected or appointed homeowner association directors who must complete a board member course, directors who must complete continuing education annually, and course providers seeking to offer Division-approved board member education and continuing education courses.

(1) Definitions.

(a) “Board member certification” or “BMC” means a Division-approved course offered to homeowner association directors to satisfy the initial certification requirement of section 720.3033(1)(a)4., F.S., which includes training related to financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting requirements.

(b) “Continuing education” or “CE” means an ongoing Division-approved education course offered to homeowner association directors subject to the requirements of section 720.3033(1)(a)5., F.S.

(c) “Division” means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. The Division approves BMC and CE courses subject to this rule on behalf of the Department.

(d) “Education year” means the period beginning July 1 and ending June 30 of the following calendar year.

(e) “Provider” means any authorized instructor of a Division-approved BMC or CE course who offers the course under this rule.

(2) Requirements for Course and Instructor Approval.

(a) Any prospective provider seeking Division approval to provide a Division BMC or CE course shall submit a completed DBPR Form CO 6000-13, Application for Homeowners Association Board Member Certification (BMC) or Continuing Education (CE) Course Approval or Renewal, http://flrules.org/Gateway/reference.asp?No=Ref-19622, incorporated herein by reference and effective August 2026 to CTMHProviders@myfloridalicense.com or by creating an account through Department online services and completing an application online.

Except as otherwise provided, a completed application must include:

1. A list of all instructors, which shall include names, mailing addresses, e-mail addresses, telephone numbers and qualifications.

2. The verification procedure to confirm satisfactory course completion by participants.

3. A description of the method of delivery for the course.

4. A price list reflecting all participant fees.

(b) Instructor Qualifications. All instructors delivering educational content for BMC or CE courses must possess and demonstrate at least one of the following qualifications:

1. A bachelor's degree and two (2) years of relevant work experience in the subject matter being taught; or

2. An associate's degree and four (4) years of relevant work experience in the subject matter being taught; or,

3. Six (6) years of relevant work experience in the subject matter being taught; or

4. A Florida-licensed attorney in good standing with the Florida Bar and relevant work experience in the subject matter being taught.

(c) Providers and prospective providers seeking to offer a CE course that has been previously approved as a Community Association Manager continuing education course, pursuant to Rule 61E14-4.003, F.A.C., shall submit a completed DBPR Form CO 6000-14, Application for Homeowners Association Continuing Education (CE) Course Approval or Renewal - Currently approved Community Association Manager (CAM) CE, http://flrules.org/Gateway/reference.asp?No=Ref-19623, incorporated herein by reference and effective June 2026, to CTMHProviders@myfloridalicense.com or by creating an account through Department online services and completing an application online. A complete application must include:

1. The approved CAM continuing education course number.

2. A description of how the CE course relates to homeowners association governance.

3. A template certificate of completion meeting Division requirements.

(d) Provider Review and Approval Process

1. After receiving a submission for approval, the Division shall notify the submitter of any deficiencies.

2. Prospective providers have thirty (30) days from the date of the Division’s notification of deficiencies to correct such deficiencies and submit the corrections to the Division. If corrections are not submitted to the Division within thirty (30) days, the submission is deemed withdrawn and must be resubmitted for Division approval.

3. After receiving corrections, the Division will notify the submitter of any remaining deficiencies. Upon receipt of complete submission that meets all requirements of this rule, the Division will notify provider of approval.

(3) Provider Renewal.

(a) Provider status shall be valid for a period of two (2) years from the date of approval. A provider may apply for renewal within ninety (90) days prior to the expiration of the approval period.

(b) Those seeking renewal of provider status must reapply using the same DBPR Form as used in the initial application. Providers who fail to renew their provider status on a timely basis in accordance with this rule shall not offer or advertise an approved BMC or CE course.

(4) Verification of Course Completion and Certificate of Completion.

(a) An instructor must take reasonable steps to ensure that participants have satisfactorily completed a Division-created or Department-approved CE course in its entirety before issuing a certificate of completion.

(b) The certificate of completion must match the Division-created course title or the CE course title on the application.

(c) The instructor must retain a copy of the participation roster, course records, and all issued certificates of completion for a period of one (1) year from the date the course is completed. These records shall be made available to the Division upon request.

(5) Delivery of Division Created or Division Approved Courses.

(a) Division-approved BMC and CE courses will be available at https://www2.myfloridalicense.com/condominiums-and-cooperatives/education/, and shall include the dates that the course remains valid.

(b) Division-created or Division-approved BMC and CE courses may be provided to participants by one of the following methods:

1. Asynchronous instruction: A course consisting entirely of self-paced modules with prerecorded lectures and videos, written materials, or electronic media delivered outside the presence of an instructor.

2. Synchronous instruction: A course consisting entirely of live class sessions or lectures delivered by or in the presence of an instructor.

3. Hybrid instruction: A course consisting of both synchronous instruction and asynchronous instruction.

(6) Director Compliance.

(a) A board member satisfies the BMC or CE requirements by submitting a valid certificate of completion to the association’s secretary, or the equivalent officer, within the required timeframes:

1. For BMC, within ninety (90) days of being elected or appointed, or within ninety (90) days after the start of the education year in which that board member is required to renew the BMC requirement; or

2. For CE, on or before the end of the education year.

(b) The association’s secretary, or the equivalent officer, is responsible for ensuring board member compliance with all educational requirements and maintaining education records. If a board member does not meet the education requirements upon the expiration of the applicable certificate submission timeframe, the board shall suspend the director from the board until compliant with the applicable requirement(s). The board may temporarily fill the vacancy during the period of suspension until the suspended member satisfies the appropriate requirement(s).

(c) A BMC certification is valid for four (4) education years if the director serves without interruption. A director must take a new BMC course whenever there is a gap in service as an elected or appointed director.

(d) Directors may take multiple courses to satisfy the minimum continuing education requirements but may not take the same course multiple times in the same education year to satisfy the minimum continuing education requirements.

(7) Previously approved BMC and CE Courses.

(a) In addition to offering Division-created courses, providers may offer directors BMC and CE Courses previously approved by the Division if the applicable statutes and rules governing the course content remain unchanged. Upon determination by the Division that applicable statutes and rules governing the course content changed, the provider may only offer Division-created BMC or CE courses.

(b) The Division may rescind the approval of a previously approved BMC or CE course for the following reasons:

1. The course content is inaccurate, outdated, or misleading.

2. The course fails to meet the required learning objectives.

3. Course approval was obtained by fraud or misrepresentation.

4. The course is primarily used for marketing, solicitation, or promoting specific products or services, rather than fulfilling the educational objectives.

5. The instructor fails to comply with verification and recordkeeping requirements.

6. The instructor does not comply with Division request to review course materials.

(c) Educational credit earned through a Division-approved BMC or CE course before the provider's approval is rescinded shall remain valid.

History

• Rulemaking Authority 720.3033(1)(d) FS. Law Implemented 720.3033(1) FS. History–New 9-7-26.

Fla. Admin. Code R. 61B-19.005 Agency Action Subsequent to Investigation of Condominium Complaints

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.501(1)(a), (d), (2) FS. History–New 11-15-77, Amended 7-22-80, 5-21-84, Formerly 7D-19.05, Amended 3-21-89, Formerly 7D-19.005, Repealed 1-19-97.

Chapter 61B-20 DEVELOPER OBLIGATIONS AND RESOLUTION GUIDELINES FOR CONDOMINIUM DEVELOPERS

Fla. Admin. Code R. 61B-20.002 Warranties

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.203 FS. History–New 2-25-79, Formerly 7D-20.02, 7D-20.002, Amended 11-14-95, Repealed 1-19-97.

Fla. Admin. Code R. 61B-20.003 Escrow Agents and Escrow Agreements

(1) In determining whether an escrow agent, identified in an escrow agreement filed with the division, is independent of a condominium developer, the division, when it has reason to question the independence of the escrow agent, shall consider and require reasonable disclosure of factors, including any familial relationship or common financial interest between the developer and the escrow agent, which reasonably relate to the developer’s ability to directly or indirectly control or influence the escrow agent in the performance of his statutory duties. Additionally, when the division has reason to question the independence of the escrow agent, the division shall require a statement from the escrow agent attesting to the agent’s independence and affirming that there is no conflict between the agent’s duties as escrow agent and in any other capacity in which the agent serves. One who is otherwise qualified to serve as escrow agent, however, will not be precluded from serving in such a capacity solely because:

(a) The escrow agent performs routine banking or financial services for the developer; or

(b) A non-employee attorney-client relationship exists between the developer and the escrow agent, including representation of the developer in legal matters relating to the condominium for which he serves as escrow agent, unless and until the obligations as attorney and as escrow agent result in a conflict of interest or require a violation of the respective legal duties attendant to such positions; or,

(c) The escrow agent provides brokerage services on behalf of the developer, except that such an escrow agent is not independent of the developer with respect to any deposits or payments received by the escrow agent pursuant to any sales, rental or lease agreements for which the escrow agent has also served as the developer’s sales, rental, or leasing agent.

(2) At any time that the Division concludes that an escrow agent is not independent of a developer, it shall cite this as a deficiency in the developer’s condominium reservation filing or residential condominium prospectus and shall order the developer to immediately obtain an independent escrow agent and have all escrow funds turned over to the new agent.

(3) If the developer is required to have an escrow agreement by the provisions of Section 718.202, F.S., in connection with a filing made pursuant to paragraph 61B-17.001(1)(a), F.A.C., the escrow agreement shall be separate from any escrow agreement used by the developer as part of a reservation filing pursuant to paragraph 61B-17.001(1)(b), F.A.C.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.202(8), 718.502 FS. History–New 10-1-85, Formerly 7D-20.03, Amended 1-27-87, 3-21-89, Formerly 7D-20.003.

Fla. Admin. Code R. 61B-20.004 Definitions and Purpose

(1) Definitions. For the purposes of Rules 61B-20.004, 61B-20.005 and 62B-20.006, F.A.C., the following definitions shall apply:

(a) “Accepted Complaint” means a complaint received by the division containing sufficient documentation and addressing a subject within the jurisdiction of the division, pursuant to Section 718.501(1), F.S.

(b) “Affirmative or corrective action” means putting remedial procedures in place to ensure that the violation does not recur, making any injured person whole as to the harm suffered in relation to the violation, or taking any other appropriate measures to redress the harm caused.

(c) “Bad check” means any worthless check, draft, or order of payment identified under Section 68.065, F.S.

(d) “Developer,” for purposes of these guidelines, shall have the same meaning as stated in Section 718.103(16), F.S.

(2) Purpose. The purpose of the resolution guidelines is to implement the division’s responsibility to ensure compliance with the provisions of Chapter 718, F.S., and the division’s administrative rules. For those statutory or rule violations identified as minor in these rules, the division will first and foremost attempt to seek compliance through an educational resolution. For repeated statutory or rule violations, where the violations have not been corrected or otherwise resolved by the developer, or for violations identified as major in these rules, the division will seek statutory or rule compliance through an enforcement resolution. The guidelines detail the educational and enforcement procedures the division will use to seek statutory or rule compliance. The guidelines are also intended to implement the division’s statutory authority to give reasonable and meaningful notice to persons regulated by Chapter 718, F.S., and the administrative rules of the range of penalties that normally will be imposed, if an enforcement resolution is taken by the division. Finally, the rules are intended, pursuant to statutory mandate, to distinguish between minor and major violations based upon the potential harm that the violation may cause.

(3) The division shall apply these guidelines against the developer pursuant to the division’s authority in Section 718.301(5), F.S. Therefore, the developer is responsible for the cost of affirmative or corrective action, or assessed penalties imposed under these guidelines, regardless of whether turnover has occurred. The developer shall not pass the cost of affirmative or corrective action or penalties on to the unit owners.

(4) These penalty guidelines are promulgated pursuant to the division’s authority in Section 718.501(1)(d), (f), and (k), F.S. These rules do not preclude the division from imposing affirmative or corrective action pursuant to Section 718.501(1)(d)2., F.S. Nothing in these rules shall limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, settlement agreement, or consent order. Rules 61B-20.004, 61B-20.005, and 61B-20.006, F.A.C., are necessary to explicate the division’s education and enforcement policy. These rules are not intended to cover, or be applied to, willful and knowing violations of Chapter 718, F.S., or the administrative rules by an officer or association board member, pursuant to Section 718.501(1)(d)4., F.S. Such violations shall be strictly governed by the provisions of Section 718.501(1)(d)4., F.S. These rules are not intended to cover, or be applied to violations of Chapter 718, F.S., or the administrative rules by a unit owner controlled association. Such violations shall be strictly governed by the provisions of Chapter 61B-21, F.A.C.

History

• Rulemaking Authority 718.501(1)(d)6., (f) FS. Law Implemented 718.501(1)(d)6. FS. History–New 6-4-98.

Fla. Admin. Code R. 61B-20.005 Educational Resolution

An initial accepted complaint, directed at a developer and involving a possible violation identified as minor in these guidelines, will be resolved as follows:

If based on the complaint, the division has reasonable cause to believe that a statutory or rule violation may have occurred, a Warning Letter will be sent to the developer. The Warning Letter will give the developer 15 business days in which to address, correct, or dispute the violation. The Warning Letter will identify the violation, and provide a contact telephone number and an investigator’s name so that the developer may contact the division for educational assistance or an educational conference in obtaining compliance. However, it is solely the responsibility of the developer to take action, when applicable, to achieve statutory or rule compliance. Failure to respond to a Warning Letter, or take affirmative or corrective action as requested by the division, will lead to further investigation. The Warning Letter shall not be considered final agency action. The division will notify the complainant of the educational resolution.

History

• Rulemaking Authority 718.501(1)(d)6.,(f) FS. Law Implemented 718.501(1)(d)6.,(k) FS. History–New 6-4-98.

Fla. Admin. Code R. 61B-20.006 Enforcement Resolution and Civil Penalties

(1) The division will seek compliance through an enforcement resolution for repeated minor violations, for the failure to correct or address a violation or provide unit owner redress as requested by the division, or for a major violation. These guidelines list aggravating and mitigating factors that will reduce or increase the penalty amounts within the specified range and those circumstances that justify a departure from range. No aggravating factors will be applied to increase a penalty for a single violation above the statutory maximum of $5,000. The guidelines in this rule section are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty. Nothing in these rules shall limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, settlement agreement, or consent order.

(2) General Provisions.

(a) Rule Not All-Inclusive. This rule section contains illustrative violations. It does not, and is not intended to, encompass all possible violations of statute or division rule that might be committed by a developer. The absence of any violation from this rule section shall in no way be construed to indicate that the violation does not cause substantial harm or is not subject to a penalty. In any instance where the violation is not listed in this rule section, the penalty will be determined by consideration of:

1. The closest analogous violation, if any, that is listed in this rule section; and

2. The mitigating or aggravating factors listed in this rule section.

(b) Violations Included. This rule section applies to all statutory and rule violations subject to a penalty authorized by Chapter 718, F.S.

(c) Rule Establishes Norm. These guidelines do not supersede the division’s authority to order a developer to cease and desist from any unlawful practice, or order other affirmative action in situations where the imposition of administrative penalties is not adequate. For example, notwithstanding the specification of relatively smaller penalties for particular violations, the division will suspend the imposition of a penalty and impose other remedies where aggravating or mitigating factors warrant it. If an enforcement resolution is utilized, the total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater.

(d) Description of Violations. Although the violations in Rule 61B-20.006, F.A.C., include specific references to statutes and administrative rules, the violations are described in general language and are not necessarily stated in the same language that would be used to formally allege a violation in a specific case. If any statutory or rule citation in Rule 61B-20.006, F.A.C., is changed, then the use of the previous statutory citation will not invalidate this rule section.

(3) Aggravating and Mitigating Factors. The division will consider aggravating and mitigating factors in determining penalties for violations listed in this rule section. The factors are not necessarily listed in order of importance, and they shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

1. Filing or causing to be filed any materially incorrect document in response to any division request or subpoena.

2. Financial loss to parties or persons affected by the violation.

3. Financial gain to parties or persons who perpetrated the violation.

4. The same violation was committed after a Notice of Deficiency was issued.

5. The disciplinary history of the developer, including such action resulting in settlement or pending resolution.

6. The violation caused substantial harm, or has the potential to cause substantial harm to condominium residents or other persons.

7. Undue delay in initiating or completing, or failure to take affirmative or corrective action after the developer received the division’s written notifications of the violation.

8. The violation had occurred for a long period of time.

9. The violation was repeated within a short period of time.

10. The developer impeded the division’s investigation or authority.

11. The investigation involved the issuance of a notice to show cause or other proceeding.

(b) Mitigating Factors:

1. Reliance on written professional or expert counsel and advice.

2. Acts of God or nature.

3. The violation caused no harm to condominium residents or other persons.

4. The developer took affirmative or corrective action before it received the division’s written notification of the violation.

5. The developer expeditiously took affirmative or corrective action after it received the division’s written notification of the violation.

6. The developer cooperated with the division during the investigation.

7. The investigation was concluded through consent proceedings.

(4) The provisions of this rule section shall not be construed so as to prohibit or limit any other civil or criminal prosecution that may be brought.

(5) The imposition of a penalty does not preclude the division from imposing additional sanctions or remedies provided under Chapter 718, F.S.

(6) In addition to the penalties established in this rule section, the division reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law.

(a) Cost of Onsite Reviews and Investigations. Expenses charged pursuant to this subsection are computed in the manner prescribed by Section 112.061, F.S. The division will seek to collect from a developer, association, officer, director, bulk buyer, or bulk assignee the actual cost of an onsite review or investigation under Section 781.501(1)(d)8., F.S. as verified by the agency travel reimbursement approved under Section 112.061, F.S.

(b) Additionally, the division reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages imposed by law if a developer submits a bad check to the division.

(7) Penalties.

(a) Minor Violations. The following violations shall be considered minor due to their lower potential for consumer harm. If an enforcement resolution is utilized, the division shall impose a civil penalty between $1 and $5, per unit, for each minor violation. The penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any accepted or mitigating factors. An occurrence of six or more aggravating factors or five or more mitigating factors will result in a penalty being assessed outside of the specified range. The total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater. Finally, in no event shall a penalty of more than $5,000 be imposed for a single violation. The following are identified as minor violations:

Category

Statute or Rule Cite

Description of Conduct/Violation

Board

Section 718.110(1)(b), F.S.

Section 718.112(2)(h)2., F.S.

Failure of amendment to declaration or bylaws to contain full text showing underlined or language; etc.

Board

Section 718.111(1)(a), F.S.

Failure to maintain corporate status

Board

Section 718.111(1)(b), F.S.

Improper use of secret ballot, or use of proxy, by board members at a board meeting.

Board

Section 718.112(2)(a)2., F.S.

Failure to provide a timely or substantive response to a written inquiry received by certified mail.

Board

Section 718.112(2)(b)1., F.S.

Improper quorum at unit owner meeting.

Board

Section 718.112(2)(b)2., F.S.

Failure of proxy to contain required elements.

Board

Section 718.112(2)(c), F.S.

subsection 61B-23.002(9), F.A.C.

Failure to properly notice and conduct board of administration or committee meetings: notice failed to indicate assessment would be considered; failure to maintain affidavit by person who gave notice of special assessment meeting; failure to ratify emergency action at next meeting; failure to adopt a rule regarding posting of notices; failure to notice meeting; non-emergency action taken at board meeting, not on agenda; no meeting agenda; failure to allow unit owners to speak at meeting or speech is limited to less than three minutes.

Board

Section 718.112(2)(d)2., F.S.

Failure to provide notice of the annual meeting not less than 14 days prior to the meeting.Failure to include agenda. Failure to maintain affidavit by person who gave notice of annual meeting. Failure to adopt a rule designating a specific place for posting notice of unit owner meetings.

Board

Section 718.112(2)(d)4., F.S.

Failure to hold a unit owner meeting to obtain unit owners’ approval when written agreements are not authorized.

Board

Section 718.112(2)(i), F.S.

Failure to have the authority in the documents when levying transfer fees or security deposits.

Board

Section 718.113(5), F.S.

Failure to comply with hurricane shutter requirements.

Board

Section 718.116(3), F.S.

Failure to have the authority in the documents when levying late fees.

Board

Section 718.3026(1), F.S.

Failure to obtain competitive bids on contracts that exceed five percent of the association’s budget.

Board

Section 718.303(3), F.S.

Failure to have the authority in the documents when levying fines.

Failure to provide proper notice of fines.

Board

Subsection 61B-23.001(2), F.A.C.

Failure to allow unit owners to attend board or committee meetings.

Board

Section 718.112(2)(b)5., F.S.

Failure to provide a speaker phone for board or committee meetings held by teleconference.

Board

Subsection 61B-23.001(4), F.A.C.

Failure to employ a licensed manager when licensure is required.

Board

Subsection 61B-23.002(10), F.A.C.

Failure to permit a unit owner to tape record or video tape meetings.

Board

Subparagraph 61B-23.0021(1)(d)2., F.A.C.

Failure to fill vacancy properly.

Budgets

Section 718.112(2)(e), F.S.

Failure to timely notice budget meeting. Failure to timely deliver proposed budget. Failure of board to call a unit owners’ meeting to consider alternate budget.

Budgets

Section 718.112(2)(f)1., F.S.

Section 718.504(21), F.S.

Failure to include applicable line items in proposed budget.

Budgets

Section 718.112(2)(f)1., F.S.

subsection 61B-22.003(5), F.A.C.

Failure to show limited common element expenses in proposed budget.

Budgets

Paragraph 61B-22.003(1)(b), F.A.C.

Failure to disclose the beginning and ending dates of the period covered by the proposed budget.

Budgets

Paragraph 61B-22.003(1)(c), F.A.C.

Failure to disclose periodic assessments for each unit type in proposed budget.

Budgets

Paragraph 61B-22.003(1)(d), F.A.C.

Failure to propose full reserve funding in proposed budget.

Budgets

Paragraphs 61B-22.003(1)(e), (f), (g), F.A.C.

subsection 61B-22.005(1), F.A.C.

Failure to provide for funding of one or more reserve fund categories in the proposed budget.

Budgets

Paragraph 61B-22.003(4)(a), F.A.C.

Failure to provide the required separate proposed budget for each condominium operated by the association.

Elections

Section 718.112(2)(d)3., F.S.

subsection 61B-23.0021(3), F.A.C.

Improper nomination procedures in election.

Elections

Section 718.112(2)(d)3., F.S.

subsection 61B-23.0021(5), F.A.C.

Including a candidate who did not provide timely notice of candidacy.

Elections

Subsection 61B-23.0021(6), F.A.C.

Failure to provide candidate a receipt for written notice of intent to be a candidate.

Elections

Subsections 61B-23.0021(8), (10), F.A.C.

Counting ballots not cast in inner and outer envelopes. Failure to provide space for name and signature on outer envelope.

Elections

Paragraph 61B-23.0021(10)(c), F.A.C.

Failure to timely hold runoff election.

Records

Section 718.111(1)(b), F.S.

Failure of minutes to reflect how board members voted at board meeting. Failure to record a vote or an abstention in the minutes for each board member present at the board meeting.

Records

Section 718.111(12)(a)2., F.S.

Failure to maintain a copy of recorded declaration and amendments.

Records

Section 718.111(12)(a)3., F.S.

Failure to maintain a copy of recorded bylaws and amendments.

Records

Section 718.111(12)(a)4., F.S.

Failure to maintain a certified copy of articles of incorporation and amendments.

Records

Section 718.111(12)(a)7., F.S.

Failure to maintain a current unit owner roster. Failure of roster to include all elements.

Records

Section 718.111(12)(a)14., F.S.

paragraph 61B-23.002(7)(a), F.A.C.

Failure to maintain or annually update the question and answer sheet.

Records

Section 718.111(12)(a)15., F.S.

Failure to maintain other association records related to the operation of the association.

Records

Sections 718.111(12)(b), (c), F.S.

Failure to provide access to records.

Records

Subsection 61B-22.003(3), F.A.C.

Failure of budget meeting minutes to reflect adoption of the proposed budget.

Records

Subsection 61B-23.003(6), F.A.C.

Failure to maintain a copy of the receipt for delivery of association records upon transfer of control.

Reporting

Section 718.111(13), F.S.

Failure to timely provide the annual financial report.

Reporting

Subparagraph 61B-22.006(3)(a)5., F.A.C.

Failure to disclose in the year-end financial statements the manner by which reserve items were estimated and/or the date the estimates were last made.

Reporting

Paragraphs 61B-22.006(3)(b), (c), F.A.C.

Improper disclosure in the year-end financial statements of method of allocating revenues and expenses. Improper special assessment disclosures in the year-end financial statements.

Reporting

Paragraph 61B-22.006(3)(d), F.A.C.

Improper disclosure in the year-end financial statements of revenues and expenses related to limited common elements.

Reporting

Subsection 61B-22.006(4), F.A.C.

Improper multi-condominium reserve fund disclosures in the year-end financial statements. Multi-condominium revenues, expenses, and changes in fund balance not shown for each condominium in the year-end financial statements. Disclosure of multi-condominium revenues/expenses for the association not specific to a condominium, is omitted, or is incomplete in the year-end financial statements.

Reporting

Subsection 61B-22.006(5), F.A.C.

Failure to show developer assessments separately from non-developer owners in the year-end financial statements or annual financial report.

Reporting

Paragraph 61B-22.006(3)(a), F.A.C.

Failure to include the required reserve fund disclosures in the annual financial report.

Reporting

Paragraph 61B-22.006(6)(b), F.A.C.

Improper disclosure of receipts and expenditures in the annual financial report in a multi-condominium association.

Reporting

Paragraph 61B-22.0062(2)(b), F.A.C.

Failure to include in the turnover financial statements a statement of total cash payments made by the developer to the association.

(b) Major Violations. The following violations shall be considered major due to their increased potential for consumer harm. If an enforcement resolution is utilized, the penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any accepted aggravating or mitigating factors. An occurrence of six or more aggravating factors or five or more mitigating factors will result in a penalty being assessed outside of the specified range. The total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater. Finally, in no event shall a penalty of more than $5,000 be imposed for a single violation. The penalties are set forth in categories 1, 2, and 3, for each violation as follows:

Category 1: $10 – $18 per unit.

Category 2: $20 – $50 per unit.

Category 3: $100 – $300 for each unit offered/created; deposit or contract.

Category

Statute or Rule Cite

Description of Conduct/Violation

Suggested Penalty

Accounting

Section 718.111(12)(a)11., F.S.

Insufficient detail in the accounting records

2

Records

Rule 61B-22.002, F.A.C.

Failure to maintain sufficient accounting records.

Assessing

Section 718.112(2)(g), F.S.

Failure to assess at sufficient amounts.

1

Assessing

Section 718.115(2), F.S.

Failure to assess based upon proportionate share or as stated in the declaration of condominium.

2

Assessing

Sections 718.116(1), (9), F.S.

Failure by developer to pay assessments or to pay in timely manner.

2

Board

Section 718.110, F.S.

Section 718.112, F.S.

Failure to follow method of amendment.

2

Board

Section 718.112(2)(a)1., F.S.

Improper compensation of officers or directors.

1

Board

Section 718.112(2)(d)1., F.S.

Section 718.111(11)(d), F.S.

Failure to hold annual meeting. Failure to maintain adequate fidelity bonding for all persons who control or distribute association funds.

2

Board

Section 718.501(2)(a), F.S.

Failure to pay annual fees to the division.

2

Budgets

Section 718.112(2)(e), F.S.

Failure to propose/adopt budget for a given year.

2

Budgets

Paragraphs 61B-22.003(1)(e), (f), (g), F.A.C.

Failure to include reserve schedule in the proposed budget.

1

Commingle

Section 718.111(14), F.S.

Commingling association funds with non-association funds.

2

Commingle

Section 718.111(14), F.S.

subsection 61B-22.005(2), F.A.C.

Commingling reserve funds with operating funds.

1

Common

Expenses

Section 718.115(1), F.S.

subsection 61B-23.003(3), F.A.C.

Using association funds for other than common expenses.

2

Converter

Reserves

Section 718.618(1), F.S.

Rule 61B-24.007, F.A.C.

Failure to calculate converter reserves properly.

2

Converter

Reserves

Section 718.618(2)(a), F.S.

Failure to fund converter reserves in a timely manner.

2

Converter

Reserves

Section 718.618(3)(b), F.S.

Improper use of converter reserves.

1

Converter

Reserves

Subparagraph

61B-22.003(1)(e)5., F.A.C.

Subparagraph

61B-22.006(3)(a)6., F.A.C.

Failure to include converter reserve disclosures in the proposed budget, year-end financial statements, or annual financial report.

1

Development

Section 718.202(1), F.S.

subsection 61B-17.009(1), F.A.C.

Developer using an alternative assurance, such as a Letter of Credit or Surety Bond, in lieu of an escrow account, without the prior approval of the Director.

3

Development

Section 718.202(1) or (6), F.S.

Failure to establish an escrow account or place funds therein.

3

Development

Sections 718.301(1), (2), (4), F.S.

Failure to transfer association control.

2

Development

Section 718.403(1), F.S.

Continuing to develop phases after expiration of phase deadline.

3

Development

Sections 718.403(1), (2), F.S.

subsubsection 61B-17.003(9), F.A.C.

Failure to follow proper method to amend documents to alter phase development plan.

3

Development

Section 718.502(2)(a), F.S.

Accepting deposits prior to filing reservation and escrow agreements with the division.

3

Development

Section 718.502(2)(a), F.S.

paragraph 61B-17.001(1)(a), F.A.C.

Offering sales contracts prior to initial filing with division and acceptance for form.

3

Development

Section 718.502(3), F.S.

subsection 61B-17.006(2), F.A.C.

Failure to file amendments to documents previously filed with the division.

1

Development

Section 718.503(1)(a), F.S.

subsection 61B-18.001(10), F.A.C.

Using sales contracts without required disclosures.

3

Development

Section 718.503(1)(b), F.S.

Failure to provide documents to purchasers.

3

Development

Subsection 61B-17.001(6), F.A.C.

Closing on sales of units prior to filing with division and acceptance for content.

3

Development

Subsection 61B-17.001(3), F.A.C.

Failure to provide recording information to the division.

1

Development

Subsection 61B-17.003(3), F.A.C.

Offering sales contracts on units within a phase prior to filing phase documents with the division.

3

Elections

Section 718.112(2)(d), F.S.

Sections 718.301(1), (2), F.S.

subsection 61B-23.0021(2), F.A.C.

Failure to hold election to permit participation on board by non-developer owners. Failure to permit participation on board by non-developer owners after 15 percent of units have been sold.

2

Elections

Section 718.112(2)(d)3., F.S.

subsection 61B-23.0021(4), F.A.C.

Failure to provide, or timely provide, first notice of election.

1

Elections

Section 718.112(2)(d)3., F.S.

subsections 61B-23.0021(7), (8),

F.A.C.

Failure to provide, or timely provide, second notice of election or omitting materials such as ballots, envolopes, and candidate information sheets.

1

Elections

Section 718.112(2)(d)3., F.S.

Failure to use ballots or voting machines.

2

Elections

Section 718.112(2)(d)3., F.S.

subsection 61B-23.0021(9), F.A.C.

Failure to include all timely submitted names of eligible candidates on the ballot.

1

Elections

Paragraphs 61B-23.0021(10)(a), (b),

F.A.C.

Counting ineligible ballots. Not counting ballots in the presence of unit owners.

1

Elections

Paragraph 61B-23.0021(10)(c),

F.A.C.

Failure to hold runoff election.

2

Elections

Paragraph 61B-23.003(7)(f), F.A.C.

Improperly permitting a developer to vote for a majority of the board.

2

Final Order

Section 718.501(1)(d)4., F.S.

Failure to comply with final order of the division.

2

Guarantee

Section 718.116(9), F.S.

subsection 61B-22.004(1), F.A.C.

Guarantee not properly established.

2

Guarantee

Section 718.116(9)(a), F.S.

subsection 61B-22.004(3), F.A.C.

Improperly assessing unit owners.

2

Guarantee

Section 718.116(9)(a), F.S.

subsection 61B-22.004(5), F.A.C.

Guarantee deficit not funded.

2

Guarantee

Subsection 61B-22.004(2), F.A.C.

Guarantee period unclear/not specified, not properly extended.

2

Guarantee

Paragraph 61B-22.004(4)(a), F.A.C.

Not providing sufficient cash/resources to provide payment on a timely basis of all common expenses including full funding of reserves.

2

Guarantee

Paragraph 61B-22.004(4)(b), F.A.C.

subsection 61B-22.004(5), F.A.C.

Amount owed by the guarantor for the guarantee period not properly calculated.

2

Records

Section 718.111(12)(a)12., F.S.

Failure to maintain election materials for one year.

1

Records

Section 718.111(12)(a)6., F.S.

Failure to maintain minutes of meetings.

1

Records

Section 718.111(12)(b), F.S.

Failure to maintain records within Florida.

2

Records

Section 718.301(4), F.S.

Failure to deliver one or more association records upon transfer of association control.

2

Reporting

Section 718.111(13), F.S.

Failure to provide the annual financial report.

2

Reporting

Section 718.111(13), F.S.

Failure to provide year-end financial statements in a timely manner.

1

Reporting

Section 718.111(13), F.S.

Failure to provide year-end financial statements.

2

Reporting

Section 718.111(13), F.S.

Prior to turnover of control of the association, developer was included in vote to waive audit requirement after the first two year of operation.

2

Reporting

Section 718.301(4)(c), F.S.

Failure to provide turnover financial statements in a timely manner.

1

Reporting

Section 718.301(4)(c), F.S.

subsection 61B-22.0062(1), F.A.C.

Failure to provide turnover financial statements. Turnover financial statements not audited. Failure of turnover financial statements to cover entire period.

2

Reporting

Subsection 61B-22.006(1), F.A.C.

Failure to prepare year-end financial statements using fund accounting. Failure to prepare year-end financial statements on accrual basis.

1

Reporting

Subsection 61B-22.006(1), F.A.C.

Failure to prepare year-end financial statements in accordance with Generally Accepted Accounting Principles (GAAP). Failure to have reviewed or audited year-end financial statements prepared by a Florida licensed CPA.

2

Reporting

Subsection 61B-22.006(2), F.A.C.

Failure to include one or more components of the year-end financial statements (incomplete).

1

Reporting

Subparagraphs

61B-22.006(3)(a)1.-6., F.A.C.

Failure to make significant reserve fund disclosures in the year-end financial statements or annual financial report.

1

Reporting

Paragraph 61B-22.006(3)(e), F.A.C.

paragraph 61B-22.0062(2)(d), F.A.C.

Guarantee disclosures incomplete in, or missing from, turnover financial statements or year-end financial statements.

1

Reporting

Paragraphs 61B-22.006(6)(a), (b),

F.A.C.

Section 718.111(13)(b), F.S.

Failure to prepare the annual financial report on a cash basis. Failure to include in the annual financial report specified receipt or expenditure line items, or disclosures on limited common elements.

1

Reporting

Section 718.111(13)(d), F.S.

Providing lower level of reporting for year-end financial statements than required.

2

Reporting

Subsection 61B-22.0062(2), F.A.C.

Failure of turnover financial statements to present revenues and expenses for each fiscal year and interim period.

2

Reporting

Paragraphs 61B-22.0062(2)(a)-(c),

F.A.C.

Turnover financial statements omit disclosure of common expenses paid by the developer.

2

Reserves

Section 718.112(2)(f)2., F.S.

subsection 61B-22.005(3), F.A.C.

Failure to calculate reserve funds properly.

1

Reserves

Section 718.112(2)(f)2., F.S.

subsection 61B-22.005(6), F.A.C.

Failure to fund reserves in a timely manner.

Failure to fully fund reserves.

1

Reserves

Section 718.112(2)(f)2., F.S.

subsections 61B-22.005(6), (8),

F.A.C.

Failure to follow proper method to waive or reduce reserve funding.

1

Reserves

Section 718.112(2)(f)2., F.S.

Prior to turnover of control of the association, developer included in vote to waive/reduce reserve funding after first two years of operation.

1

Reserves

Section 718.112(2)(f)3., F.S.

subsection 61B-22.005(7), F.A.C.

Failure to obtain unit owner approval prior to using reserve funds for other purposes.

2

Special

Assessment

Section 718.116(10), F.S.

Failure to use special assessment funds for intended purposes.

1

History

• Rulemaking Authority 718.501(1)(d)4., (f), 718.50153 FS. Law Implemented 718.501(1)(d)4., 718.50153 FS. History–New 6-4-98, Amended 9-3-13.

Chapter 61B-21 CONDOMINIUM ENFORCEMENT AND RESOLUTION GUIDELINES FOR UNIT OWNER CONTROLLED ASSOCIATIONS

Fla. Admin. Code R. 61B-21.001 Definitions and Purpose

Definitions. For the purposes of this rule chapter, the following definitions shall apply:

(1) “Affirmative or corrective action” means putting remedial procedures in place to ensure that the violation does not reoccur, making any injured person whole as to the harm suffered in relation to the violation, or taking any other appropriate measures to redress the harm caused.

(2) “Association” shall have the same meaning as stated in Section 718.103(2), F.S.

(3) “Minor violation” is a violation in which the division will issue a Notice of Noncompliance as a first response to a violation of a rule pursuant to Rule 61B-21.002, F.A.C., due to the violation’s lower potential for public harm. Failure to timely comply with the Notice of Noncompliance may result in further sanctions and enforcement.

History

• Rulemaking Authority 120.695, 718.501(1)(d)6., (f) FS. Law Implemented 718.501(1)(d)6. FS. History–New 6-4-98, Amended 10-23-18.

Fla. Admin. Code R. 61B-21.002 Minor Violations

(1) The minor violation process, as detailed in this rule chapter, is only applicable to unit owner controlled associations.

(2) If the division has reasonable cause to believe that a minor violation has occurred, a Notice of Noncompliance will be sent to the association. The Notice of Noncompliance shall provide the association with a reasonable period of time to comply with the rule. The Notice of Noncompliance shall identify the violation and provide an investigator’s contact telephone number and email address so that the association may contact the division to obtain educational assistance or an educational conference. The association is solely responsible for achieving compliance. Failure to fully comply with a Notice of Noncompliance will lead to further enforcement action as permitted by law. The Notice of Noncompliance shall not be considered final agency action.

(3) The division will notify the complainant of the resolution of the complaint, or if applicable, alternative dispute resolution options.

(4) The following violations shall be considered minor violations for which a Notice of Noncomplaince shall be issued:

Category

Statute or Rule

Description of Conduct/Violation

Budgets

61B-22.003(1)(b), F.A.C.

Failure to disclose the beginning and ending dates of the period covered by the proposed budget.

Budgets

61B-22.003(1)(c), F.A.C.

Failure to disclose periodic assessments for each unit type in the proposed budget.

Elections

61B-23.0021(7), F.A.C.

Distributing candidate information sheets consisting of more than one page.

Elections

61B-23.0021(9), F.A.C.

Ballot does not list candidates alphabetically by surname.

Elections

61B-23.0021(10)(b), F.A.C.

Outer envelope information verified before the date of the election.

Reporting

61B-22.006(3)(a)5., 6., F.A.C.

Failure to disclose the amount required to fully fund each reserve account as of the end of the fiscal period covered by the annual financial statements; and the manner by which reserve items were estimated and/or the date the estimates were last made in the annual financial statements or turnover audit. Failure to disclose in the year-end financial statements the manner by which reserve items were estimated and/or the date the estimates were last made.

Reporting

61B-22.006(3)(b), (c), F.A.C.

Failure to disclose the method of allocating income and expenses in the annual financial statements or turnover audit.

(5) Upon a determination of an association’s failure to comply with a Notice of Noncompliance, an enforcement action shall be taken in which the division shall impose a civil penalty between $5 and $10, per unit, for each minor violation. The penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any aggravating or accepted mitigating circumstances, pursuant to subsection 61B-21.003(3), F.A.C. The minimum total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater. In no event shall a penalty of more than $2,500 the statutory maxium for a single minor violation. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty. Nothing in this rule chapter shall limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, settlement agreement, or consent order. Nothing in this rule chapter shall limit the division’s ability to seek judicial enforcement and remedies through the courts.The provisions of this rule chapter shall not be construed so as to prohibit or limit any other adminitrative, civil, or criminal action that may be brought, including notices to cease and desist.

History

• Rulemaking Authority 718.501(1)(d)6., (f) FS. Law Implemented 120.695, 718.501(1)(d)6., (k) FS. History–New 6-4-98, Amended 12-5-18.

Fla. Admin. Code R. 61B-21.003 Penalty Guidelines

(1) Pursuant to Section 718.501(1)(d)6., F.S., the division sets forth below disciplinary guidelines from which disciplinary penalties will be imposed upon affected parties guilty of violating Chapter 718, F.S., and the rules promulgated thereunder. The purpose of the disciplinary guidelines is to provide notice to affected parties of the range of penalties which may be imposed for each count. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty. Nothing in this rule chapter shall limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, settlement agreement, or consent order. Nothing in this rule chapter shall limit the division’s ability to seek judicial enforcement and remedies through the courts. The provisions of this rule chapter shall not be construed so as to prohibit or limit any other administrative, civil, or criminal action that may be brought, including notices to cease and desist.

(2) Penalties will be assessed beginning with the middle of the specified range and adjusted up or down based upon any aggravating or accepted mitigating circumstances. The minimum total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater. In no event shall a penalty of more than the statutory maximum be imposed for a single violation. A penalty range of $10 to $30 per unit are set forth for each violation. The absence of any violation from this rule chapter shall not be construed to indicate that the violation does not cause substantial harm or is not subject to a penalty. In any instance where the violation is not listed in this rule chapter, the penalty will be determined by consideration of the closest analogous violation.

Category

Statute or Rule

Description of Conduct/Violation

Accounting Records

718.111(12)(a)11., F.S.

61B-22.002, F.A.C.

Insufficient or incomplete accounting records.

Accounting Records

718.111(12)(a)11., F.S.

Failure to maintain separate accounting records for each condominium.

Assessing

718.112(2)(g), F.S.

Assessments not sufficient to meet expenses.

Assessing

718.112(2)(g), F.S.

Collecting assessments less frequently than quarterly.

Assessing

718.115(2), F.S.

Assessments not based upon the shares stated in the declaration of condominium or required by statute.

Assessing

718.115(4), F.S.

Assessments not properly apportioned among multiple condominiums.

Assessing

718.116(3), F.S.

Failure to charge interest on past-due assessments.

Assessing

718.116(9), F.S.

Developer or other owner improperly excused from paying assessments.

Board

718.110(4), F.S.

Improperly amending the declaration of condominium to change the proportion or percentage by which the unit owner shares the common expenses of the condominium and owns the common surplus of the condominium.

Board

718.111(4), F.S.

Improper use fee.

Board

718.111(7)(a), F.S.

Mortgaging or conveying association property without unit-owner approval.

Board

718.111(11)(h), F.S.

Failure to maintain adequate fidelity bonding.

Board

718.112(2)(a)1., F.S.

Compensating officers or members of the board without documentary authority.

Board

718.112(2)(i), F.S.

Improper transfer fees or security deposits.

Board

718.116(3), F.S.

Levying late fees without documentary authority.

Board

718.303, F.S.

Imposing fines without proper notice and opportunity for hearing. Imposing excessive fines. Improper suspension of voting rights without proper notices.

Board

718.112(2)(d)2., F.S.

Allowing ineligible person to run for board of administration.

Board

718.3026(1), F.S.

Failure to obtain competitive bids on contracts that exceed five percent of the association’s budget.

Budgets

718.112(2)(e), F.S.

Failure to propose/adopt budget for a given year.

Budgets

718.112(2)(f)1., F.S.

Failure to include a schedule of limited common element expenses in budget.

Budgets

61B-22.003(4)(a), F.A.C.

Failure to prepare a separate budget for each condominium operated by the association as well as for the association.

Budgets

61B-22.003(1)(e), (f), (g), F.A.C.

Failure to include reserve schedule in the proposed budget. Failure to disclose converter-reserve funding.

Budgets

718.112(2)(f)2., F.S.

61B-22.005(3), (5), F.A.C.

Improper calculation of reserve requirements.

Commingle

718.111(14), F.S.

Commingling association funds with non-association funds.

Commingle

718.111(14), F.S.

61B-22.005(2), F.A.C.

Commingling reserve funds with operating funds.

Common Expenses

718.103(9), 718.115(1), F.S.

61B-23.003(3), F.A.C.

Using association funds for other than common expenses.

Conflict of Interest

718.112(2)(p), F.S.

Contracting with a service provider owned by a board member.

Conflict of Interest

718.3027(1), (2), (4), F.S.

Failing to properly disclose a conflict of interest.

Converter Reserves

718.618(3)(b), F.S.

Improper use of converter reserves.

Debit Card

718.111(15), F.S.

Use of an association debit card for any association expense.

Elections

718.112(2)(d), F.S.

61B-23.0021(2), F.A.C.

Failure to hold an annual election.

Elections

718.112(2)(d)4., F.S.

Failure to use ballots or voting machines.

Elections

61B-23.0021(8), F.A.C.

Failure to provide space for name, unit number, or signature on outer envelope.

Elections

718.112(2)(d)4.a., F.S.

61B-23.0021(4), F.A.C.

Failure to provide, or timely provide, first notice of election.

Elections

61B-23.0021(3), F.A.C.

Improper nomination procedures in election.

Elections

61B-23.0021(2), F.S.

Election not held at time and place of annual meeting.

Elections

61B-23.0021(6), F.A.C.

Failure to provide candidate with a receipt for written notice of candidacy.

Elections

718.112(2)(d)4.a., F.S.

61B-23.0021(7), (8), F.A.C.

Failure to provide, or timely provide, second notice of election or omitting ballots, envelopes, or candidate information sheets.

Elections

718.112(2)(d)4., F.S.

61B-23.0021(5), F.A.C.

Ballot included a candidate who is ineligible. Ballot not including an eligible candidate.

Elections

61B-23.0021(8), F.A.C.

Voters allowed to rescind or change their previously cast ballots.

Elections

61B-23.0021(8), F.A.C.

Second notice of election and accompanying documents included comments by board about candidates.

Elections

61B-23.0021(10)(a), F.A.C.

Ballots not counted by impartial committee.

Elections

718.112(2)(d)4., F.S.

61B-23.0021(7), F.A.C.

Association altered or edited candidate-information sheets.

Elections

61B-23.0021(10)(a), F.A.C.

Inner envelopes not placed in separate receptacle before being opened.

Elections

61B-23.0021(9), F.A.C.

Ballots not uniform. Ballots identify voter. Ballot contained space for write-in candidate.

Elections

61B-23.0021(10), F.A.C.

Outer envelopes not checked against list of eligible voters.

Elections

61B-23.0021(10)(a), (b),

F.A.C.

Counting ineligible ballots.

Elections

61B-23.0021(10), F.A.C.

Failure to count properly cast ballots.

Elections

61B-23.0021(10), F.A.C.

Outer envelopes opened prior to election meeting.

Outer envelopes not opened in presence of unit owners.

Elections

61B-23.0021(10)(a), F.A.C.

Not counting ballots in the presence of unit owners.

Elections

61B-23.0021(10)(b), F.A.C.

Failure to notice meeting to verify outer envelope information.

Elections

61B-23.0021(10)(c), F.A.C.

Failure to timely hold a runoff election.

Elections

61B-23.003(7)(f), F.A.C.

Improperly permitting a developer to vote for a majority of the board.

Elections

61B-23.0021(10)(a), F.A.C.

No blank ballots available at election meeting.

Estoppel Certificate

718.116(8), F.S.

Failure to timely provide an estoppel certificate or failure of the certificate to contain all required components.

Final Order

718.501(1)(d)6., F.S.

Failure to comply with final order of the division.

Fiduciary Duty

718.111(1)(a), F.S.

Violating a fiduciary duty.

Investigation

718.501(1)(n), F.S.

Failure to reasonably cooperate with an investigation.

Property

718.111(7)(a), F.S.

Failing to get approval for acquisition, conveyance, lease, or mortgage of association real property.

Property

718.111(9), F.S.

Improper purchase of unit at a foreclosure sale.

Records

718.111(12)(a), F.S.

Failure to maintain official records.

Records

718.111(12)(c), F.S.

Requiring a unit owner to pay a fee for access to association records.

Records

718.111(12)(b), F.S.

Failure to maintain records within 45 miles, or within the county, of the condominium property.

Records

718.111(12)(b), (c), F.S.

Failure to timely provide access to records.

Failure to allow scanning or copying of records.

Records

718.111(12)(f), F.S.

718.501(1)(d)6., F.S.

Failure of outgoing board or committee member or relinquish all official records and property of the association in his or her possession or under their control to the incoming board within 5 days after the election.

Reporting

718.111(13), F.S.

Failure to timely provide annual financial report or statements.

Reporting

61B-22.006(1), F.A.C.

Failure to timely prepare annual financial statements using fund accounting. Failure to prepare annual financial statements on accrual basis.

Reporting

61B-22.006(1), F.A.C.

Failure to prepare annual financial statements in accordance with Generally Accepted Accounting Principles (GAAP). Failure to have reviewed or audited annual financial statements prepared by a Florida-licensed CPA.

Reporting

61B-22.006(2), F.A.C.

Failure to include one or more components of the annual financial statements (incomplete).

Reporting

61B-22.006(3)(a)1., 6., and

61B-22.006(6), F.A.C.

Failure to make significant reserve fund disclosures in annual financial statements or annual financial report.

Reporting

61B-22.006(3)(a)7., and

61B-22.006(6), F.A.C.

Failure to include converter reserve disclosures in the annual financial statements or annual financial report.

Reporting

61B-22.006(4), F.A.C.

Failure to include reserve fund disclosures and/or revenues, expenses, and changes in fund balances for each condominium and the association in the annual financial statements of a multi-condominium association.

Reporting

61B-22.006(5), F.A.C.

Failure to show developer assessments separately from other assessment revenues in the annual financial report (statement).

Reporting

61B-22.006(3), and

61B-22.006(6)(c), F.A.C.

Failure to include the special assessments disclosures in the annual financial statements or annual financial report.

Reporting

61B-22.006(6)(e), F.A.C.

Failure to separately present revenues and expenses for each condominium and the association in the annual financial report of a multi-condominium association.

Reporting

61B-22.006(3)(e), F.A.C.

Guarantee disclosures incomplete or missing from annual financial statements.

Reporting

61B-22.004(5), F.A.C.

Improper calculation of guarantor’s final obligation.

Reporting

718.111(13)(b), F.S.

61B-22.006(6)(a), F.A.C.

Annual financial report not prepared on a cash basis.

Reporting

718.111(13)(b), F.S.

Annual financial report does not include specified receipt or expenditure items.

Reporting

61B-22.006(3)(d), and

61B-22.006(6)(d), F.A.C.

Annual financial statements or annual financial report does not disclose revenues and expenses related to limited common elements.

Reporting

718.111(13)(a), F.S.

Providing lower level of annual financial reporting than required based on the number of units and annual revenues.

Reserves

718.112(2)(f)2., F.S.

61B-22.005(6), F.A.C.

Failure to fund reserves in a timely manner. Failure to fully fund reserves.

Reserves

718.112(2)(f)2., F.S.

61B-22.005(8), F.A.C.

Failure to follow proper method to waive or reduce reserve funding.

Reserves

718.112(2)(f)3., F.S.

61B-22.005(7), F.A.C.

Using reserve funds for other purposes without proper unit owner approval.

Special Assessment

718.116(10), F.S.

Using special assessment funds for other purposes.

Special Assessment

718.116(10), F.S.

Special assessment notice does not state purpose of assessment.

Website

718.111(12)(g), F.S.

Failing to include required documents on website.

(3) When either the Petitioner or Respondent is able to demonstrate aggravating or mitigating circumstances to the division or hearing officer in an enforcement action by clear and convincing evidence, the division or hearing officer shall be entitled to deviate from the above guidelines in imposing or recommending discipline.

(a) Aggravating circumstances may include, but are not limited to, the following:

1. Filing or causing to be filed any materially incorrect document in response to any division request or subpoena.

2. Financial loss to parties or persons affected by the violation.

3. Financial gain to parties or persons responsible for the violation.

4. The disciplinary history of the association.

5. The harm caused to unit owner(s) or other persons or entities.

6. The violation occurred for a long period of time.

7. The length of time between violations

8. The association impeded the division’s investigation or authority.

(b) Mitigating circumstances may include, but are not limited to, the following:

1. The violation or harm was related to a natural or manmade disaster.

2. The violation caused no harm to unit owner(s) or other persons or entities.

3. The association took affirmative or corrective action before it received the division’s written notification of the violation.

4. The association expeditiously took affirmative or corrective action after it received the division’s written notification of the violation.

5. The association cooperated with the division during the investigation.

(4) In addition to the penalties established in this rule chapter, the division reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law.

History

• Rulemaking Authority 718.501(1)(d)6., (f) FS. Law Implemented 718.501(1)(d)6. FS. History–New 6-4-98, Amended 9-3-13, 12-5-18.

Chapter 61B-22 FINANCIAL AND ACCOUNTING REQUIREMENTS; BUDGETS, RESERVES, AND GUARANTEES

Fla. Admin. Code R. 61B-22.001 Definitions

For the purposes of this chapter the following definitions shall apply:

(1) “Accounting records” include all of the books and records identified in Section 718.111(12)(a)11., Florida Statutes, and any other records that identify, measure, record, or communicate financial information whether the records are maintained electronically or otherwise, including, all payroll and personnel records of the association, all invoices for purchases made by the association, and all invoices for services provided to the association.

(2) “Capital expenditure” means any expenditure of funds for:

(a) The purchase of an asset whose useful life is greater than one year in length;

(b) The replacement of an asset whose useful life is greater than one year in length; or

(c) The addition to an asset that extends the useful life of the previously existing asset for a period greater than one year in length.

(3) “Deferred maintenance” means any maintenance or repair that:

(a) Will be performed less frequently than yearly; and

(b) Will result in maintaining the useful life of an asset.

(4) “Funds” means money and negotiable instruments including, for example, cash, checks, notes, and securities.

(5) “Reserves” means any funds, other than operating funds, that are restricted for deferred maintenance and capital expenditures, including the items required by Section 718.112(2)(f)2., Florida Statutes, and any other funds restricted as to use by the condominium documents or the condominium association. Funds that are not restricted as to use by Section 718.112(2)(f), Florida Statutes, the condominium documents or by the association shall not be considered reserves within the meaning of this rule.

(6) “Turnover” means transfer of association control from developers to non-developer unit owners pursuant to Section 718.301, Florida Statutes.

History

• Specific Authority 718.501(1)(f) FS. Law Implemented 718.111(12), 718.112(2)(f), 718.301, 718.501 FS. History–New 7-11-93, Formerly 7D-22.001, Amended 12-20-95, 12-23-02.

Fla. Admin. Code R. 61B-22.002 Accounting Records

All associations shall maintain accounting records in sufficient detail to permit determination of the revenues and expenses or receipts and disbursements attributable to separate condominiums and operating and reserve funds. Multicondominium associations shall maintain separate accounting records for the association and for each condominium operated by the association. Multicondominium associations created prior to July 1, 2000, that do not create separate ownership interests of the common surplus of the association for each unit, as provided in Sections 718.104(4)(h) and 718.110(12), Florida Statutes, shall not maintain separate fund balances for the association, and shall allocate all association revenues and expenses to each condominium operated by the association pursuant to the provisions of each condominium’s declaration.

History

• Specific Authority 718.501(1)(f) FS. Law Implemented 718.111(12)(a)11., (14), 718.501 FS. History–New 7-11-93, Formerly 7D-22.002, Amended 12-20-95, 12-18-01.

Fla. Admin. Code R. 61B-22.003 Budgets

(1) Required elements for estimated operating budgets. The budget for each association shall:

(a) State the estimated common expenses or expenditures on at least an annual basis;

(b) Disclose the beginning and ending dates of the period covered by the budget;

(c) Show the total assessment for each unit type according to proportion of ownership on a monthly basis, or for any other period for which assessments will be due;

(d) Include all estimated common expenses or expenditures of the association including the categories set forth in Section 718.504(21)(c), Florida Statutes. Reserves for capital expenditures and deferred maintenance required by Section 718.112(2)(f), Florida Statutes, must be included in the proposed annual budget and shall not be waived or reduced prior to the mailing to unit owners of a proposed annual budget. If the estimated common expense for any category set forth in the statute is not applicable, the category shall be listed followed by an indication that the expense is not applicable;

(e) Unless the association maintains a pooled account for reserves required by Section 718.112(2)(f)2., Florida Statutes, the association shall include a schedule stating each reserve account for capital expenditures and deferred maintenance as a separate line item with the following minimum disclosures:

1. The total estimated useful life of the asset;

2. The estimated remaining useful life of the asset;

3. The estimated replacement cost or deferred maintenance expense of the asset;

4. The estimated fund balance as of the beginning of the period for which the budget will be in effect; and

5. The developer’s total funding obligation, when all units are sold, for each converter reserve account established pursuant to Section 718.618, Florida Statutes, if applicable.

(f) If the association maintains a pooled account for reserves required by Section 718.112(2)(f)2., Florida Statutes, the association shall include a separate schedule of any pooled reserves with the following minimum disclosures:

1. The total estimated useful life of each asset within the pooled analysis;

2. The estimated remaining useful life of each asset within the pooled analysis;

3. The estimated replacement cost or deferred maintenance expense of each asset within the pooled analysis; and

4. The estimated fund balance of the pooled reserve account as of the beginning of the period for which the budget will be in effect.

(g) Include a separate schedule of any other reserve funds to be restricted by the association as a separate line item with the following minimum disclosures:

1. The intended use of the restricted funds; and

2. The estimated fund balance of the item as of the beginning of the period for which the budget will be in effect.

(2) Unrestricted expense categories. Expense categories that are not restricted as to use shall be stated in the operating portion of the budget rather than the reserve portion of the budget.

(3) Record keeping requirements for budgets. The minutes of the association shall reflect the adoption of the budget and a copy of the proposed and adopted budgets shall be maintained as part of the financial records of the association.

(4) Multicondominium associations. Multicondominium associations shall comply with the following requirements:

(a) Provide a separate budget for each condominium operated by the association as well as for the association. Each such budget shall disclose:

1. Estimated expenses specific to a condominium such as the maintenance, deferred maintenance or replacement of the common elements of the condominium which shall be provided for in the budget of the specific condominium;

2. Estimated expenses of the association that are not specific to a condominium such as the maintenance, deferred maintenance or replacement of the property serving more than one condominium which shall be provided for in the association budget; and

3. Multicondominium associations created after June 30, 2000, or that have created separate ownership interests of the common surplus of the association for each unit as provided in Sections 718.104(4)(h) and 718.110(12), Florida Statutes, shall include each unit’s share of the estimated expenses of the association, referred to in subsection (2) of this rule, which shall be shown on the individual condominium budgets. Multicondominium associations created prior to July 1, 2000, that have not created separate ownership interests of the common surplus of the association for each unit as provided in Sections 718.104(4)(h) and 718.110(12), Florida Statutes, shall include each condominium’s share of the estimated expenses of the association, referred to in subsection (2) of this rule, which shall be shown on the individual condominium budgets.

4. The budgets of multicondominium associations created after June 30, 2000 or of multicondominium associations that have created separate ownership interests of the common surplus of the association for each unit as provided in Sections 718.104(4)(h) and 718.110(12), Florida Statutes, shall show the estimated revenues of each condominium and of the association.

(b) Associations that operate separate condominiums in a consolidated fashion pursuant to Section 718.111(6), Florida Statutes, may utilize a single consolidated budget.

(5) Limited common elements. If an association maintains limited common elements at the expense of only those unit owners entitled to use the limited common elements pursuant to Section 718.113(1), Florida Statutes, the budget shall include a separate schedule, or schedules, conforming to the requirements for budgets as stated in this rule, of all estimated expenses specific to each of the limited common elements, including any applicable reserves for deferred maintenance and capital expenditures. The schedule or schedules may group the maintenance expense of any limited common elements for which the declaration provides that the maintenance expense is to be shared by a group of unit owners.

(6) Phase condominium budgets. By operation of law, the annual budget of a phase condominium created pursuant to Section 718.403, Florida Statutes, shall automatically be adjusted to incorporate the change in proportionate ownership of the common elements by the purchasers and to incorporate any other changes related to the addition of phases in accordance with the declaration of condominium. The adjusted annual budget shall be effective on the date that the amendment to the declaration adding a phase to a phase condominium is recorded in the official records of the county in which the condominium is located. Notwithstanding the requirements of subsection (7) of this rule, the association shall not be required to follow the provisions of Section 718.112(2)(c), Florida Statutes, unless, as a result of the budget adjustment, the assessment per unit has changed.

(7) Budget assessment amendments. The association may amend a previously approved annual budget. In order to do so the board of administration shall follow the provisions of Section 718.112(2)(e), Florida Statutes. For example, the board shall mail a meeting notice and copies of the proposed amended annual budget to the unit owners not less than 14 days prior to the meeting at which the budget amendment will be considered.

History

• Specific Authority 718.501(1)(f) FS. Law Implemented 718.111(6), 718.112(2)(e), (f), 718.113, 718.501, 718.618 FS. History–New 7-11-93, Formerly 7D-22.003, Amended 12-20-95, 12-18-01, 12-23-02.

Fla. Admin. Code R. 61B-22.004 Guarantees of Common Expenses Under Section 718.116(9)(a)2., Florida Statutes

(1) Establishment of the guarantee. If a guarantee is not included in the purchase contracts, declaration, or prospectus, any agreement establishing a guarantee shall be effective only upon the approval of a majority of the voting interests of the unit owners other than the developer. Approval shall be expressed at a meeting of the unit owners, voting in person or by limited proxy; or by agreement in writing without a meeting if provided in the bylaws. Such guarantee shall meet the requirements of this rule.

(2) Guarantee period. The period of time for the guarantee shall be indicated by a specific beginning and ending date or event.

(a) The ending date or event shall be the same for all of the unit owners of a condominium, including unit owners in different phases of phase condominiums, but may vary for each condominium operated by a multicondominium association.

(b) The guarantee may provide for different intervals of time during a guarantee period with different dollar amounts for each such interval.

(c) The guarantee may provide that after the initial stated period, the developer has an option to extend the guarantee for one or more additional stated periods. The extension of a guarantee is limited to extending the ending date or event; therefore, the developer does not have the option of changing the level of assessments guaranteed.

(3) Maximum level of assessments. The stated dollar amount of the guarantee shall be an exact dollar amount for each type of unit identified in the declaration. Regardless of the stated dollar amount of the guarantee, assessments charged to a unit owner shall not exceed the maximum obligation of the unit owner based on the total amount of the adopted budget and the unit owner’s proportionate ownership share of the common elements.

(4) Cash funding requirements during the guarantee. The cash payments required from the guarantor during the guarantee period shall be determined as follows:

(a) If at any time during the guarantee period the funds collected from unit owner assessments at the guaranteed level and other revenues collected by the association are not sufficient to provide payment, on a timely basis, of all common expenses, including the full funding of the reserves unless properly waived, the guarantor shall advance sufficient cash to the association at the time such payments are due; and

(b) Expenses incurred in the production of non-assessment revenues, not in excess of the non-assessment revenues, shall not be included in the common expenses referenced in subsection (5) of this rule. If the expenses attributable to non-assessment revenues exceed non-assessment revenues only the excess expenses must be funded by the guarantor. For example, if the association operates a rental program in which rental expenses exceed rental revenues the guarantor shall fund the rental expenses in excess of the rental revenues. Interest earned on the investment of association funds may be used to pay the income tax expense incurred as a result of the investment, such expense shall not be charged to the guarantor, and the net investment income shall be retained by the association. Each such non-assessment revenue generating activity shall be considered separately. Capital contributions collected from unit owners are not revenues, and shall not be used to pay common expenses.

(5) Calculation of guarantor’s final obligation. The guarantor’s total financial obligation to the association at the end of the guarantee period shall be determined on the accrual basis using the following formula:

(a) The guarantor shall fund the total common expenses incurred during the guarantee period, including the full funding of the reserves unless properly waived; less

(b) The total regular periodic assessments earned by the association from the unit owners other than the guarantor during the guarantee period regardless of whether the actual level charged was less than the maximum guaranteed amount.

(c) If a guarantee pursuant to Section 718.116(9), Florida Statutes, existed within a multicondominium association created prior to July 1, 2000, the guarantor’s financial obligation to the association shall be calculated as provided in paragraphs (a) and (b) for each condominium in which the guarantee existed. If a guarantee pursuant to Section 718.116(9), Florida Statutes, existed within a multicondominium association created after June 30, 2000, or within a multicondominium association created prior to July 1, 2000, that has created separate ownership interests of the common surplus of the association for each unit as provided in Sections 718.104(4)(h) and 718.110(12), Florida Statutes, the guarantor’s financial obligation to the association shall include the amount calculated pursuant to Section 718.116(9)(c), Florida Statutes.

(d) Expenses incurred in the production of non-assessment revenues, not in excess of the non-assessment revenues, shall not be included in the common expenses referenced in subsection (5) of this rule. If the expenses attributable to non-assessment revenues exceed non-assessment revenues only the excess expenses shall be funded by the guarantor. For example, if the association operates a rental program in which rental expenses exceed rental revenues the guarantor shall fund the rental expenses in excess of the rental revenues. Interest earned on the investment of association funds may be used to pay the income tax expense incurred as a result of the investment, such expense shall not be charged to the guarantor, and the net investment income shall be retained by the association. Each such non-assessment revenue generating activity shall be considered separately.

History

• Specific Authority 718.501(1)(f) FS. Law Implemented 718.111(2), (4), (7), (9), 718.112(2)(b)2., 718.116(9), 718.501 FS. History–New 7-11-93, Formerly 7D-22.004, Amended 12-18-01, 6-24-04.

Fla. Admin. Code R. 61B-22.005 Reserves

(1) Reserves required by statute. Reserves required by Section 718.112(2)(f), Florida Statutes, for capital expenditures and deferred maintenance including roofing, painting, paving, and any other item for which the deferred maintenance expense or replacement cost exceeds $10,000 shall be included in the budget. For the purpose of determining whether the deferred maintenance expense or replacement cost of an item exceeds $10,000, the association may consider each asset of the association separately. Alternatively, the association may group similar or related assets together. For example, an association responsible for the maintenance of two swimming pools, each of which will separately require $6,000 of total deferred maintenance, may establish a pool reserve, but is not required to do so.

(2) Commingling operating and reserve funds. Associations that collect operating and reserve assessments as a single payment shall not be considered to have commingled the funds provided the reserve portion of the payment is transferred to a separate reserve account, or accounts, within 30 calendar days from the date such funds were deposited.

(3) Calculating reserves required by statute. Reserves for deferred maintenance and capital expenditures required by Section 718.112(2)(f), Florida Statutes, shall be calculated using a formula that will provide funds equal to the total estimated deferred maintenance expense or total estimated replacement cost for an asset or group of assets over the remaining useful life of the asset or group of assets. Funding formulas for reserves required by Section 718.112(2)(f), Florida Statutes, shall be based on either a separate analysis of each of the required assets or a pooled analysis of two or more of the required assets.

(a) If the association maintains separate reserve accounts for each of the required assets, the amount of the current year contribution to each reserve account shall be the sum of the following two calculations:

1. The total amount necessary, if any, to bring a negative account balance to zero; and

2. The total estimated deferred maintenance expense or estimated replacement cost of the reserve asset less the estimated balance of the reserve account as of the beginning of the period for which the budget will be in effect. The remainder, if greater than zero, shall be divided by the estimated remaining useful life of the asset. The formula may be adjusted each year for changes in estimates and deferred maintenance performed during the year and may consider factors such as inflation and earnings on invested funds.

(b) If the association maintains a pooled account of two or more of the required reserve assets, the amount of the contribution to the pooled reserve account as disclosed on the proposed budget shall be not less than that required to ensure that the balance on hand at the beginning of the period for which the budget will go into effect plus the projected annual cash inflows over the remaining estimated useful lives of all of the assets that make up the reserve pool are equal to or greater than the projected annual cash outflows over the remaining estimated useful lives of all of the assets that make up the reserve pool, based on the current reserve analysis. The projected annual cash inflows may include estimated earnings from investment of principal. The reserve funding formula shall not include any type of balloon payments.

(4) Estimating reserves that are not required by statute. Reserves that are not required by Section 718.112(2)(f), Florida Statutes, are not required to be based on any specific formula.

(5) Estimating non-converter reserves when the developer is funding converter reserves. For the purpose of estimating non-converter reserves, the estimated fund balance of the non-converter reserve account related to any asset for which the developer has established converter reserves pursuant to Section 718.618, Florida Statutes, shall be the sum of:

(a) The developer’s total funding obligation, when all units are sold, for the converter reserve account pursuant to Section 718.618, Florida Statutes; and

(b) The estimated fund balance of the non-converter reserve account, excluding the developer’s converter obligation, as of the beginning of the period for which the budget will be in effect.

(6) Timely funding. Reserves included in the adopted budget are common expenses and must be fully funded unless properly waived or reduced. Reserves shall be funded in at least the same frequency that assessments are due from the unit owners (e.g., monthly or quarterly).

(7) Restrictions on use. In a multicondominium association, no vote to allow an association to use reserve funds for purposes other than that for which the funds were originally reserved shall be effective as to a particular condominium unless conducted at a meeting at which the same percentage of voting interests in that condominium that would otherwise be required for a quorum of the association is present in person or by proxy, and a majority of those present in person or by limited proxy, vote to use reserve funds for another purpose. Expenditure of unallocated interest income earned on reserve funds is restricted to any of the capital expenditures, deferred maintenance or other items for which reserve accounts have been established.

(8) Annual vote required to waive reserves. Any vote to waive or reduce reserves for capital expenditures and deferred maintenance required by Section 718.112(2)(f)2., Florida Statutes, shall be effective for only one annual budget. Additionally, in a multicondominium association, no waiver or reduction is effective as to a particular condominium unless conducted at a meeting at which the same percentage of voting interests in that condominium that would otherside be required for a quorum of the association is present, in person or by proxy, and a majority of those present in person or by limited proxy vote to waive or reduce reserves. For multicondominium associations in which the developer is precluded from casting its votes to waive or reduce the funding of reserves, no waiver or reduction is effective as to a particular condominium unless conducted at a meeting at which the same percentage of non-developer voting interests in that condominium that would otherwise be required for a quorum of the association is present, in person or by proxy, and a majority of those present in person or by limited proxy vote to waive or reduce reserves.

History

• Specific Authority 718.501(1)(f) FS. Law Implemented 718.112(2)(f), 718.501, 718.618 FS. History–New 7-11-93, Formerly 7D-22.005, Amended 12-20-95, 1-19-97, 12-18-01, 12-23-02.

Fla. Admin. Code R. 61B-22.006 Financial Reporting Requirements

(1) Basis of accounting. The financial statements required by Sections 718.111(13) and 718.301(4), F.S., shall be prepared on the accrual basis using fund accounting in accordance with generally accepted accounting principles. Reviewed financial statements shall be reviewed in accordance with standards for accounting and review services and audited financial statements shall be audited in accordance with generally accepted auditing standards. Reviews and audits of an association’s financial statements shall be performed by an independent certified public accountant licensed by the Florida Board of Accountancy. As used in this rule the terms “generally accepted accounting principles,” “standards for accounting and review services,” and “generally accepted auditing standards” shall have the same meaning as set forth in Chapter 61H1-20, F.A.C.

(2) Components. The financial statements required by Sections 718.111(13) and 718.301(4), F.S., shall at a minimum include the following components:

(a) Accountant’s or Auditor’s Report;

(b) Balance Sheet;

(c) Statement of Revenues and Expenses;

(d) Statement of Changes in Fund Balances;

(e) Statement of Cash Flows; and

(f) Notes to financial statements.

(3) Disclosure requirements. The financial statements required by Sections 718.111(13) and 718.301(4), F.S., shall contain the following disclosures within the financial statements, notes, or supplementary information:

(a) The following reserve disclosures shall be made regardless of whether reserves have been waived for the fiscal period covered by the financial statements:

1. The beginning balance in each reserve account as of the beginning of the fiscal period covered by the financial statements;

2. The amount of assessments and other additions to each reserve account including authorized transfers from other reserve accounts;

3. The amount expended or removed from each reserve account, including authorized transfers to other reserve accounts;

4. The ending balance in each reserve account as of the end of the fiscal period covered by the financial statements;

5. The amount of annual funding required to fully fund each reserve account, or pool of accounts, over the remaining useful life of the applicable asset or group of assets;

6. The manner by which reserve items were estimated, the date the estimates were last made, the association’s policies for allocating reserve fund interest, and whether reserves have been waived during the period covered by the financial statements; and

7. If the developer has established converter reserves pursuant to Section 718.618(1), F.S., each converter reserve account shall be identified and include the disclosures required by this rule.

(b) The method by which income and expenses were allocated to the unit owners;

(c) The specific purpose or purposes of any special assessments to unit owners pursuant to Section 718.116(10), F.S., and the amount of each special assessment and the disposition of the funds collected;

(d) The amount of revenues and expenses related to limited common elements shall be disclosed when the association maintains the limited common elements and the expense is apportioned to those unit owners entitled to the exclusive use of the limited common elements; and

(e) If a guarantee pursuant to Section 718.116(9), F.S., existed at any time during the fiscal year, the financial statements shall disclose the following:

1. The period of time covered by the guarantee;

2. The amount of common expenses incurred during the guarantee period;

3. The amount of assessments charged to the non-developer unit owners during the guarantee period;

4. The amount of non-assessment revenues earned by the association, with each non-assessment revenue generating activity disclosed separately, during the guarantee period;

5. The amount of expenses incurred in the production of non-assessment revenues, with each non-assessment revenue generating activity disclosed separately, during the guarantee period;

6. The amount of the developer’s payments pursuant to the guarantee; and

7. Any financial obligation due to or from the developer resulting from the guarantee.

(4) Multicondominium associations. Multicondominium associations may present the financial statements required by Sections 718.111(13) and 718.301(4), F.S., on a combined basis as long as the financial statements, notes, or supplementary information disclose the revenues, expenses, and changes in fund balance for each condominium, and the association, as applicable. The financial statements, notes, or supplementary information shall also disclose the revenues and expenses of the association that are not directly associated with specified condominiums, and the method used to allocate such expenses to the condominiums or units, as applicable. Additionally, the reserve disclosures required by this rule shall be presented separately for each condominium and for any association reserves not specifically identified with individual condominiums. The provisions of this rule shall apply to multicondominium financial reporting for fiscal periods ending on or after December 31, 2002. Earlier application of the provisions of this rule is permitted.

(5) Developer assessments. All financial reporting required by Chapter 718, F.S., shall disclose the assessment revenues from the developer separately from that of the non-developer unit owners.

(6) Financial reports required by Section 718.111(13)(b), F.S.. The financial report required by Section 718.111(13)(b), F.S., shall meet the following requirements:

(a) The report shall be prepared using a cash basis method of accounting.

(b) The report shall include the reserve disclosures required by paragraph 61B-22.006(3)(a), F.A.C.

(c) The report shall include the special assessment disclosure required by paragraph 61B-22.006(3)(c), F.A.C.

(d) If the association maintains limited common elements and the expense is apportioned to those units entitled to the exclusive use of the limited common elements the report shall contain the limited common element disclosures required by paragraph 61B-22.006(3)(d), F.A.C.

(e) The financial reports of multicondominium associations shall separately disclose the following items:

1. The receipts and expenditures directly associated with specific condominiums; and

2. The receipts and expenditures of the association that are not directly associated with specific condominiums.

(7) The minutes of the association shall reflect the number of votes cast by the membership to waive the requirement for audited, reviewed, or compiled financial statements and the type of financial reporting that the association will be preparing and disseminating to the membership.

History

• Specific Authority 718.111(13), 718.501(1)(f) FS. Law Implemented 718.111(12)(a)11., (13), 718.301(4) FS. History–New 7-11-93, Formerly 7D-22.006, Amended 12-20-95, 2-13-97, 12-18-01, 6-24-04, 3-26-09.

Fla. Admin. Code R. 61B-22.0062 Transition Financial Statements; Turnover Audit

(1) Period covered. The audit required by Section 718.301(4)(c), Florida Statutes, applies to all transfers of association control from developers to unit owners pursuant to Section 718.301(4), Florida Statutes, occurring on or after April 1, 1992. The audit shall cover a period beginning with the date of incorporation of the association, or from the end of the fiscal period covered by the last audit if all fiscal periods have been audited, and ending with the date of the transfer of association control to unit owners other than the developer. Nothing herein precludes the developer from exceeding the requirements of this rule by engaging a certified public accountant to audit the entire period of developer control rather than from the period covered by the last audit.

(2) Additional disclosure requirements for turnover audits. The financial statements, notes, or supplementary information shall present the revenues and expenses separately for each fiscal year and any interim periods included in the audit. The notes to the financial statements shall contain the following disclosures:

(a) A statement that the financial statements were prepared pursuant to Section 718.301(4)(c), Florida Statutes;

(b) A statement of total cash payments made by the developer to the association;

(c) If the developer claims to have paid common expenses of the association which do no appear on the books and records of the association, the amount and purpose of each such expenditure shall be identified separately; and,

(d) If a guarantee pursuant to Section 718.116(9), Florida Statutes, existed at any time during the period covered by the audit the financial statements shall disclose the following:

1. The period of time covered by the guarantee;

2. The amount of common expenses incurred during the guarantee period;

3. The amount of assessments charged to the non-developer unit owners during the guarantee period;

4. The amount of non-assessment revenues earned by the association, with each non-assessment revenue generating activity disclosed separately, during the guarantee period;

5. The amount of expenses incurred by the association in the production of non-assessment revenues, with each non-assessment revenue generating activity disclosed separately, during the guarantee period;

6. The amount of the developer’s payments pursuant to the guarantee; and

7. Any financial obligation due to or from the developer resulting from the guarantee.

History

• Specific Authority 718.111(13), 718.501(1)(f) FS. Law Implemented 718.111(13), 718.301(4)(c) FS. History–New 7-11-93, Formerly 7D-22.0062, Amended 12-20-95, 6-24-04.

Chapter 61B-23 THE ASSOCIATION

Fla. Admin. Code R. 61B-23.001 Board of Administration and Committees; Fiduciary Duty

(1)(a) “Meeting of the board of administration” means any gathering of the members of the board of directors, at which a quorum of the members is present, for the purpose of conducting association business.

(b) “Committee meeting” means any gathering of a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the association budget or take action on behalf of the board at which a quorum of the members of that committee is present. For example, a meeting of an executive committee, as defined in Section 617.0825, F.S., or as that section may subsequently be renumbered, would be included in this definition as would a meeting of a group charged with developing a proposed budget.

(2) Unit owners have the right to attend and observe all meetings of the board of administration and its committees.

(3) Where the declaration, articles of incorporation, or bylaws preclude non-unit owners from serving on the association’s board of administration, one acting under a power of attorney from a unit owner is similarly precluded from serving on the board unless he or she is a unit owner.

(4) In furtherance of its fiduciary duty to the unit owners, a board of administration shall employ only a licensed community association manager where licensure is required by Section 468.431, F.S.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.111(1) FS. History–New 7-22-80, Amended 7-6-81, 8-31-83, 12-4-83, 10-1-85, Formerly 7D-23.01, Amended 1-27-87, 9-7-88, 7-17-91, 12-20-92, Formerly 7D-23.001, Amended 2-22-94, 4-14-99.

Fla. Admin. Code R. 61B-23.002 Operation of the Condominium Association

(1) Each association shall create an online account with the division at https://www2.myfloridalicense.com/condominiums-and-cooperatives/create-online-account/. An association whose Declaration of Condominium is recorded in the official records of the county after October 1, 2025, shall create an online account with the division within 30 days of such recording.

(a) Each association shall include the following information within the online account within 45 days of the effective date of this rule or initial association recording, whichever is later:

1. Contact Information.

a. The name of the association as provided for in the association’s governing documents.

b. The mailing address of the association.

c. The email address and phone number for the association.

d. The name and contact information of the association’s community association manager or community association management firm, if applicable.

e. The name and board title for each member of the association’s board.

f. The association website address, if applicable. The association may provide the division with login credentials to the association website.

g. The physical address of the condominium property.

2. Condominium Association Buildings.

a. The physical address of all buildings in the association.

b. The total number of stories, including the habitable and uninhabitable space in each building within the association.

c. The total number of units in each building within the association.

d. The year the certificate of occupancy was issued for each building within the association.

e. Any construction commenced within the common elements during the calendar year for each building within the association. Construction shall be deemed commenced when a Notice of Commencement is required or filed.

3. Assessments.

a. The amount of assessments and special assessments for the current fiscal year, inclusive of reserves, and the projected amount of assessments and special assessments for the subsequent fiscal year, inclusive of reserves.

b. The purpose of the assessments and special assessments.

c. The name of all financial institutions with which the association maintains accounts.

4. The association shall provide a copy of any structural integrity reserve study (SIRS) and any associated materials through the association’s online account with the division within 5 business days of a request from the department. The department may make requests to the association through the online account.

(b) Each association shall review, verify, and update all required information submitted through its online account with the division on an annual basis, by no later than January 15 of each calendar year.

(c) In addition to the annual update, each condominium association must update the contact information within its online account with the division within 30 days of any change to contact information.

(d) Annual updates and changes submitted through the online account are deemed received only upon the association’s receipt of electronic confirmation from the department.

(2) Each association which operates more than 2 units shall pay an annual fee of $4 for each unit in a residential condominium operated by the association. If the declaration is amended during the year to alter the number of units or to add additional phases containing units, the association shall pay the annual fee on the highest number of declared units during the year. The fee shall be paid as follows:

(a) The division shall provide to the association an annual fee statement. The failure to receive the Annual Fee Statement shall not relieve the association of the obligation to pay the fee. Annual fees shall be paid online at www.MyFloridaLicense.com or by check or money order made payable to Division of Florida Condominiums, Timeshares, and Mobile Homes.

(b) The initial annual fees are due for the year in which a declaration of condominium is recorded. Payment shall be made within 30 days of recordation of the declaration or amendments creating subsequent phases. Payment shall be submitted to the division along with the notice of recordation required by subsection 61B-17.001(4), F.A.C.

(c) Subsequent annual fees are due on or before January 1 of each year.

(3) Each association that votes to forego retrofitting of the common elements, association property, or units of a residential condominium with a fire sprinkler system, or the common elements or units of a residential condominium with handrails or guardrails, shall report the voting results and certification information for each affected condominium to the division through the association’s online account. If retrofitting has been undertaken by a residential condominium, the association shall report the per-unit cost of such work to the division through the association’s online account within 60 days of recordation of the retrofitting waiver certificate in the public records where the condominium is located or upon commencement of the retrofitting project, whichever comes first. The division shall prepare separate reports of information obtained from associations relating to the waiver of a fire sprinkler system and the waiver of handrails and guardrails and deliver the reports to the Division of State Fire Marshal of the Department of Financial Services no later than September 1 of each year.

(4)(a) As provided for by Sections 718.1085 and 718.112(2)(l), F.S., any vote to waive a retrofitting requirement shall be held at a duly called meeting of the membership, with members voting live and in person, or may be conducted without a membership meeting by written consents, or may be conducted by a combination of the two with the association counting written consents received along with votes cast live and in person at a duly called meeting of the membership. Effective October 1, 2004, retrofitting requirements related to a fire sprinkler system may also be waived by the use of limited proxies cast at a duly called meeting of the membership.

(b) The written consent form utilized by the association must contain a space for the authorized voter to sign and must identify the unit owned. Voting by written consents or written agreements may be utilized by an association regardless of whether the bylaws or the declaration specifically permit voting by written consents or written agreements.

(5) Unit owners shall not, except as provided by Section 718.112(2)(b)2., F.S., vote by general proxy, but may vote by limited proxy substantially similar to the SAMPLE LIMITED PROXY FORM adopted by the division as DBPR Form CO 6000-7, incorporated herein by reference and effective June 23, 2009. The form may be obtained by writing the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030 or may be accessed at http://flrules.org/Gateway/reference.asp?No=Ref-19183 or https://www2.myfloridalicense.com/lsc/documents/CO-6000-7SampleLimitedProxy.pdf.

(6) If the declaration, articles of incorporation or association bylaws require or authorize the use of voting certificates, the voter named on such certificate is the only person authorized to appoint a proxy even though the unit is owned by more than one person or entity or is owned by an entity which is not a natural person.

(7)(a) Each association, regardless of control, must prepare and maintain as part of its official records, a completed Frequently Asked Questions and Answers Sheet in DBPR form CO 6000-4, as referenced in Rule 61B-17.001, F.A.C. The association shall update the information provided in the answers to the Frequently Asked Questions and Answers Sheet and prepare a revised sheet every 12 months beginning from when the sheet was last revised. The answers to the questions may be summary in nature, in which case the answer shall refer to identified portions of the condominium documents.

(b) Other records related to the operation of the association, which the association shall maintain as official records pursuant to Section 718.111(12)(a)21., F.S., or as that subparagraph may be subsequently renumbered, shall also include correspondence and other written communication with the division.

History

• Rulemaking Authority 718.501(1)(g), 718.501(3) FS. Law Implemented 718.1085, 718.111(12), 718.112(2)(b)2., 718.501(2)(a), 718.501(3), 718.504 FS. History–New 7-22-80, Amended 8-31-83, 10-1-85, Formerly 7D-23.02, Amended 1-27-87, 7-10-88, 3-21-89, 2-18-92, Formerly 7D-23.002, Amended 11-23-93, 2-20-97, 4-14-99, 12-23-02, 1-28-04, 11-30-04, 6-23-09, 2-22-15, 9-1-15, 6-18-26.

Fla. Admin. Code R. 61B-23.0021 Regular Elections; Vacancies Caused by Expiration of Term, Resignations, Death; Election Monitors

(1)(a) Unless otherwise provided herein, the provisions of this rule apply to all regular and run-off elections conducted by a condominium association, regardless of any provision to the contrary contained in the declaration, articles of incorporation, or bylaws of the association.

(b) Except as otherwise provided by Rules 61B-23.0027 and 61B-23.0028, F.A.C., the provisions of this rule do not apply to vacancies created by the recall of a board member or members. The method of removing board members by recall and the procedures for filling such vacancies are set forth in Rules 61B-23.0026 through 61B-23.0028, F.A.C.

(c) In order to adopt different voting and election procedures in its bylaws pursuant to Section 718.112(2)(d), F.S., an association must obtain the affirmative vote of a majority of the total voting interests even if different amendatory procedures are contained in an association’s bylaws. Such vote must be taken on or after June 14, 1995. The phrase “different voting and election procedures” as used in this rule and as used in Section 718.112(2)(d), F.S., refers to procedures used only for the election of board members.

(d) Balloting is not necessary to fill any vacancy unless there are two or more eligible candidates for that vacancy. In such a case, not later than the date of the scheduled election:

1. For a regular election the association shall call and hold a meeting of the membership to announce the names of the new board members, or shall notify the unit owners of the names of the new board members or that one or more board positions remain unfilled, as appropriate under the circumstances. In the alternative, the announcement may be made at the annual meeting.

2. For an election pursuant to Section 718.112(2)(d)9., F.S., to fill a vacancy, the association shall call and hold a meeting of the membership to announce the names of the new board members or, in the alternative, shall notify the unit owners of the names of the new board members or that one or more board positions remain unfilled, as appropriate under the circumstances.

(2) A regular or general election for purposes of this rule shall be an election to fill a vacancy caused by expiration of a term in office. A regular or general election shall occur at the time and place at which the annual meeting is scheduled to occur, regardless of whether a quorum is present. Other elections as may be required shall occur in conjunction with duly called meetings of the unit owners, regardless of whether a quorum is attained for the meeting.

(3) A board of administration shall not create or appoint any committee for the purpose of nominating a candidate or candidates for election to the board. A board may create or appoint a search committee which shall not have the authority to nominate any candidate, but may encourage qualified persons to become candidates for the board.

(4) The first notice of the date of the election, which is required to be mailed, electronically transmitted, or delivered not less than 60 days before a scheduled election, must contain the name and correct mailing address of the association. The first notice must also disclose the procedure and deadline to consent to electronic voting, if the board of administration has provided for and authorized an online voting system. Failure to follow the procedures for giving the first notice of the date of the election shall require the association to conduct a new election, if the election has been conducted. Where the election has not occurred, the association shall mail, transmit, or deliver an amended first notice to the eligible voters not less than 60 days before the scheduled election, which shall explain the need for the amended notice. If an amended notice cannot be mailed, transmitted or delivered not less than 60 days before the election, then the association must re-notice and reschedule the election.

(5) A unit owner or other eligible person desiring to be a candidate for the board of administration shall give written notice to the association not less than 40 days before a scheduled election. Written notice shall be effective when received by the association. Written notice shall be accomplished in accordance with one or more of the following methods:

(a) By certified mail, return receipt requested, directed to the association; or

(b) By personal delivery to the association; or

(c) By regular U.S. mail, facsimile, telegram, or other method of delivery to the association.

(6) Upon receipt by the association of any timely submitted written notice by personal delivery that a unit owner or other eligible person desires to be a candidate for the board of administration, the association shall issue a written receipt acknowledging delivery of the written notice. Candidates who timely submit a written notice by mail may wish to send the written notice by certified mail in order to obtain a written receipt.

(7) Upon the timely request of a candidate as set forth in this paragraph, the association shall include, with the second notice of election described in subsection (8), below, a copy of an information sheet which may describe the candidate’s background, education, and qualifications. The information contained therein shall not exceed one side of the sheet, which shall be no larger than 8 1/2 inches by 11 inches. Any candidate desiring the association to mail or personally deliver copies of an information sheet to the eligible voters must furnish the information sheet to the association not less than 35 days before the election. If two or more candidates consent in writing, the association may consolidate into a single side of a page the candidate information sheets submitted by those candidates. The failure of an association to mail, transmit or personally deliver a copy of a timely delivered information sheet of each eligible candidate to the eligible voters shall require the association to mail, transmit, or deliver an amended second notice within the time required by this rule, which shall explain the need for the amended notice and include the information sheet(s) not included with the initial second notice. If an amended second notice cannot be timely mailed, transmitted or delivered, the association must re-notice and reschedule the election following the procedures as set forth in subsection (8) of this rule. If the election has already occurred, the election is deemed void and the association must renotice the election following the procedures as set forth in subsection (8) of this rule. No association shall edit, alter, or otherwise modify the content of the information sheet. The original copy provided by the candidate shall become part of the official records of the association.

(8) In accordance with the requirements of Section 718.112(2)(d), F.S., the association shall mail or deliver to the eligible voters at the addresses listed in the official records a second notice of the election, together with a ballot and any information sheets timely submitted by the candidates. The association shall mail or deliver the second notice no less than 14 days and no more than 34 days prior to the election. The second notice and accompanying documents shall not contain any communication by the board that endorses, disapproves, or otherwise comments on any candidate. Accompanying the ballot shall be an outer envelope addressed to the person or entity authorized to receive the ballots and a smaller inner envelope in which the ballot shall be placed. The exterior of the outer envelope shall indicate the name of the voter, and the unit or unit numbers being voted, and shall contain a signature space for the voter. Once the ballot is filled out, the voter shall place the completed ballot in the inner smaller envelope and seal the envelope. The inner envelope shall be placed within the outer larger envelope, and the outer envelope shall then be sealed. Each inner envelope shall contain only one ballot, but if a person is entitled to cast more than one ballot, the separate inner envelopes required may be enclosed within a single outer envelope. The voter shall sign the exterior of the outer envelope in the space provided for such signature. The envelope shall either be mailed or hand delivered to the association. Upon receipt by the association, no ballot may be rescinded or changed.

(9)(a) The ballot shall indicate in alphabetical order by surname each and every unit owner or other eligible person who desires to be a candidate for the board of administration, and who gave written notice to the association not less than 40 days before a scheduled election, unless such person has withdrawn his candidacy in writing prior to the mailing of the ballot. The failure of the ballot to indicate the name of each eligible person shall require the association to mail, transmit, or deliver an amended second notice within the time required by this rule, which shall explain the need for the amended notice and include a revised ballot with the names of all eligible persons. If an amended second notice cannot be timely mailed, transmitted or delivered, then the association must re-notice and reschedule the election following the procedures as set forth in subsection (8) of this rule. If the election has already occurred, the election is deemed void and the association must renotice the election following the procedures as set forth in subsection (8) of this rule. No ballot shall indicate which candidates are incumbents on the board. No write-in candidates shall be permitted. No ballot shall provide a space for the signature of or any other means of identifying a voter. Except where all voting interests in a condominium are not entitled to one whole vote (fractional voting), or where all voting interests are not entitled to vote for every candidate (class voting), all ballot forms utilized by a condominium association, whether those mailed to voters or those cast at a meeting, shall be uniform in color and appearance. In the case of fractional voting, all ballot forms utilized for each fractional vote shall be uniform in color and appearance. And in class voting situations, within each separate class of voting interests all ballot forms shall be uniform in color and appearance.

(b) If the ballot includes the name of any ineligible person, the association shall mail, transmit, or deliver an amended second notice within the time required by this rule, which shall explain the need for the amended notice and include a revised ballot with the names of only the eligible persons. If an amended second notice cannot be timely mailed, transmitted or delivered, then the association must re-notice and reschedule the election following the procedures as set forth in subsection (8) of this rule. If the election has already occurred, the election is deemed void and the association must renotice the election following the procedures as set forth in subsection (8) of this rule. This paragraph (b) does not apply to a ballot that includes the name of any ineligible person who became ineligible after the deadline for filing a notice of intent to be a candidate.

(10) Envelopes containing ballots received by the association shall be retained and collected by the association and shall not be opened except in the manner and at the time provided herein.

(a) Any envelopes containing ballots shall be collected by the association and shall be transported to the location of the duly called meeting of the unit owners. The association shall have available at the meeting additional blank ballots for distribution to the eligible voters who have not cast their votes. Each ballot distributed at the meeting shall be placed in an inner and outer envelope in the manner provided in subsection (8) of this rule. Each envelope and ballot shall be handled in the following manner. As the first order of business, ballots not yet cast shall be collected. The ballots and envelopes shall then be handled as stated below by an impartial committee as defined in paragraph (b). The business of the meeting may continue during this process. The signature and unit identification on the outer envelope shall be checked against a list of qualified voters, unless previously validated as provided in paragraph (b) below. Any exterior envelope not signed by the eligible voter shall be marked “Disregarded” or with words of similar import, and any ballots contained therein shall not be counted. The voters shall be checked off on the list as having voted. Then, in the presence of any unit owners in attendance, and regardless of whether a quorum is present, all inner envelopes shall be first removed from the outer envelopes and shall be placed into a receptacle. Upon the commencement of the opening of the outer envelopes or accessing of the electronic votes, whichever occurs first, the polls shall be closed, and no more ballots shall be accepted. The inner envelopes shall then be opened and the ballots shall be removed and counted in the presence of the unit owners. Any inner envelope containing more than one ballot shall be marked “Disregarded,” or with words of similar import, and any ballots contained therein shall not be counted. All envelopes and ballots, whether disregarded or not, shall be retained with the official records of the association.

(b) Any association desiring to verify outer envelope information in advance of the meeting may do so as provided herein. An impartial committee designated by the board may, at a meeting noticed in the manner required for the noticing of board meetings, which shall be open to all unit owners and which shall be held on the date of the election, proceed as follows. For purposes of this rule, “impartial” shall mean a committee whose members do not include any of the following or their spouses:

1. Current board members;

2. Officers; and

3. Candidates for the board.

At the committee meeting, the signature and unit identification on the outer envelope shall be checked against the list of qualified voters. The voters shall be checked off on the list as having voted. Any exterior envelope not signed by the eligible voter shall be marked “Disregarded” or with words of similar import, and any ballots contained therein shall not be counted.

(c) If two or more candidates for the same position receive the same number of votes, which would result in one or more candidates not serving or serving a lesser period of time, the association shall, unless otherwise provided in the bylaws, conduct a runoff election in accordance with the procedures set forth herein. Within 7 days of the date of the election at which the tie vote occurred, the board shall mail or personally deliver to the voters, a notice of a runoff election. The only candidates eligible for the runoff election to the board position are the runoff candidates who received the tie vote at the previous election. The notice shall inform the voters of the date scheduled for the runoff election to occur, shall include a ballot conforming to the requirements of this rule, and shall include copies of any candidate information sheets previously submitted by those candidates to the association. The runoff election must be held not less than 21 days, nor more than 30 days, after the date of the election at which the tie vote occurred.

(11) Electronic Voting. The requirements for providing an online voting system are contained in Rule 61B-23.00211, F.A.C.

(12) Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write, may request the assistance of a member of the board of administration or other unit owner to assist in casting his vote. If the election is by voting machine, any such voter, before retiring to the voting booth, may have a member of the board of administration or other unit owner or representative, without suggestion or interference, identify the specific vacancy or vacancies and the candidates for each. If a voter requests the aid of any such individual, the two shall retire to the voting booth for the purpose of casting the vote according to the voter’s choice.

(13) At a minimum, all voting machines shall meet the following requirements:

(a) Shall secure to the voter secrecy in the act of voting;

(b) Shall permit the voter to vote for as many persons and offices as he is lawfully entitled to vote for, but no more;

(c) Shall correctly register or record, and accurately count all votes cast for any and all persons;

(d) Shall be furnished with an electric light or proper substitute, which will give sufficient light to enable voters to read the ballots; and

(e) Shall be provided with a screen, hood, or curtain which shall be made and adjusted so as to conceal the voter and his actions while voting.

(14) Notices of election, notices of candidacy for election, information sheets, voting envelopes, written approval of budgets, written agreements for recall of board members, ballots, sign-in sheets, voting proxies, and all other papers or electronic records relating to voting by unit owners shall be maintained as part of the official records of the association for a period of 1 year from the date of the election, vote, or meeting to which the document relates.

(15) Election Monitors. The procedures for filing a petition for the appointment of an election monitor are contained in Rule 61B-23.00215, F.A.C.

History

• Rulemaking Authority 718.112(2)(d)4., 718.501(1)(f) FS. Law Implemented 718.112, 718.128 FS. History–New 1-23-92, Amended 12-20-92, Formerly 7D-23.0021, Amended 8-24-94, 12-20-95, 1-19-97, 4-14-99, 2-19-01, 12-23-02, 8-7-05, 8-28-06, 3-21-16.

Fla. Admin. Code R. 61B-23.00211 Electronic Voting

(1) “Election Officials,” as used in Section 718.128, F.S., includes the division, the ombudsman, and election monitors appointed by the ombudsman.

(2) “Consent, in writing,” as used in Section 718.128, F.S., may be made via email; the email address of the unit owner consenting is not considered an official record, however, unless the unit owner has previously consented to receive notices via email.

(3) The board resolution required by Section 718.128(4), F.S., must provide that all unit owners receive notice of the opportunity to vote through an online voting system when the association utilizes online voting. The opportunity to vote online must be included in the notice of the meeting requiring the vote.

(4) The electronic voting system must provide the unit owner with a receipt of their vote, which must include the specific vote cast, the date and time of submission, and the user identification.

(5) The electronic voting system must produce an official record that the association must maintain, which identifies the specific votes cast on each ballot and the date and time of receipt of the electronically submitted ballot.

(6) For elections, electronic votes shall not be accessible to the association prior to the scheduled election. Failure to comply with this subsection will void the election and the association must renotice the election following the procedures as set forth in subsection 61B-23.0021(8), F.A.C.

History

• Rulemaking Authority 718.112(2)(d)4., 718.501(1)(f) FS. Law Implemented 718.128 FS. History–New 3-21-16.

Fla. Admin. Code R. 61B-23.00215 Ombudsman; Election Monitoring; Monitor’s Role; Scope and Extent

(1) Fifteen percent of the total voting interests entitled to vote at the annual meeting of unit owners for the election of directors, or the owners of six units entitled to vote at the annual meeting of unit owners for the election of directors, whichever number is greater, may petition the ombudsman for the appointment of an election monitor to attend the annual meeting of unit owners for the election of directors and conduct the election of directors. No monitor shall be appointed for a special election, an interim election, a runoff election, an election to fill vacancies caused by a recall of one or more board members, or any election other than the annual meeting of unit owners for the election of directors.

(2)(a) Form of petition. In order to file a petition for the appointment of an election monitor, a unit owner must complete DBPR FORM CO 6000-9, PETITION FOR APPOINTMENT OF ELECTION MONITOR, incorporated by reference and effective 8-7-05, available by contacting the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1400 West Commercial Blvd., Suite 185, Fort Lauderdale, FL 33309-3782, or shall use a substantial equivalent of the form which shall contain the following information. The form must, as applicable:

1. State that the purpose of the petition is to seek signatures for the appointment of an election monitor by the ombudsman for the annual meeting of unit owners for the election of directors;

2. Contain a signature space for authorized unit owners or voting interests to sign and must provide a space for those signing the petition to provide his or her name;

3. Identify his or her unit number;

4. Supply the date that each unit owner signed the petition;

5. Provide the name of an individual who is authorized to represent the unit owners petitioning for the appointment of an election monitor, along with the mailing address, telephone number, fax number, and email address of the representative;

6. Indicate that if a monitor is appointed, the association and all its members shall be obligated to pay the costs and fees of the monitor; and

7. State the total number of voting interests in the association.

8. Briefly state the basis for having an election monitor appointed (optional).

9. State the date, place, and time of the election.

(b) Only the signatures of those persons who are unit owners of record shall be counted in the calculation to determine whether the minimum number of votes have been cast in favor of requesting the appointment of a monitor.

(3) Time to file. The petition for appointment of an election monitor must be filed with the ombudsman not less than 14 days in advance of a planned election to provide sufficient time to process the petition, provide for verification of the signatures, and appoint a monitor.

(4) Once the ombudsman has received a timely filed petition for appointment of an election monitor, the ombudsman shall examine the petition to ensure that all required information is provided and that a sufficient number of voting interests have signed the petition.

(a) If the petition is deficient, the ombudsman shall provide the petitioners with notice of the deficiencies, and petitioners will have 5 calendar days from receipt of such notice to timely correct the petition, or if the deficiencies cannot be corrected, the petition shall be denied and the materials shall be returned to the unit owners petitioning for appointment of an election monitor.

(b) Within 5 calendar days of the determination that a petition is complete and sufficient, the ombudsman shall provide a copy of the petition to the association by certified mail, along with a notice that a petition for appointment of election monitor has been filed with the ombudsman. Where the determination that a petition is complete and sufficient is made within 5 days of a scheduled election, the ombudsman shall immediately provide a copy of the petition to the association upon making such determination of completeness.

(5) Once a petition has been found to be adequate, the ombudsman shall appoint an election monitor as provided by the provisions of Section 718.5012, F.S., and this rule. Any appointment of a division employee shall be subject to the approval of the division director.

(6) The appointed monitor shall review any documents provided by the petitioners or by the association in advance of the scheduled election and shall attend and conduct the election in person.

(7) The monitor shall conduct the election, but where a division employee is appointed as monitor, the employee shall not provide direct advice or suggestions to the association or to individual owners in the course of the election. Each monitor shall submit a report regarding the election to the ombudsman, and to the parties, within 14 days following the date the election is concluded.

(8) Where a division employee has been approved to be appointed as the election monitor, the division shall prepare an itemized statement of costs and expenses and shall submit the statement and a request for reimbursement to the association along with the monitor’s report. The association shall have 30 days in which to reimburse the division. It shall be considered a violation of this rule for an association not to timely reimburse the division for all costs and expenses associated with the election monitoring process.

(9) Where a monitor is appointed who is not a division employee, the division will not enforce the billing and collection of amounts owed to the monitor. Nothing in these rules prohibits a private monitor from requiring the association to pre-pay all or part of the reasonable fees and costs of the monitor.

History

• Rulemaking Authority 718.5012(10) FS. Law Implemented 718.1255, 718.5012(10) FS. History–New 8-7-05.

Fla. Admin. Code R. 61B-23.0022 Contracts for Bid: Employees

In accordance with the provisions of Section 718.3026, F.S., contracts with employees of the association shall not be subject to the provisions of that section. For purposes of this rule, a worker shall be considered an employee of an association where the association pays or deducts, for or on behalf of the worker, social security tax, unemployment compensation taxes, and federal withholding taxes.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.3026 FS. History–New 4-1-92, Formerly 7D-23.0022.

Fla. Admin. Code R. 61B-23.0025 Officer or Board Member Fines

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.501(1)(d) FS. History–New 4-1-92, Formerly 7D-23.0025, Repealed 11-14-95.

Fla. Admin. Code R. 61B-23.0026 Right to Recall and Replace a Board Member; Developers; Other Unit Owners; Class Voting

(1) Developer Representatives. When both a developer and other unit owners are entitled to representation on a board of administration pursuant to Section 718.301, F.S., or Rule 61B-23.003, F.A.C., the following provisions apply to recall and replacement of board members elected or appointed by a developer:

(a) Only units owned by the developer shall be counted to establish a quorum for a meeting to recall and replace a board member who was elected or appointed by that developer.

(b) The percentage of voting interests required to recall a board member who was elected or appointed by a developer is a majority of the total units owned by that developer.

(c) A board member who is elected or appointed by a developer may be recalled only by that developer.

(d) Only the developer may vote, in person or by limited proxy, to fill a vacancy on the board previously occupied by a board member elected or appointed by that developer.

(2) Unit Owner Representatives. When both a developer and other unit owners are entitled to representation on a board of administration pursuant to Section 718.301, F.S., or Rule 61B-23.003, F.A.C., the following provisions apply to recall and replacement of board members elected or appointed by unit owners other than a developer:

(a) Only units owned by unit owners other than a developer shall be counted to establish a quorum at a meeting to recall and replace a board member elected by unit owners other than a developer.

(b) The percentage of voting interests required to recall a board member elected by unit owners other than a developer, is a majority of the total units owned by unit owners other than a developer.

(c) A board member who is elected by unit owners other than a developer may be recalled only by unit owners other than a developer.

(d) Only unit owners other than a developer may vote, in person or by limited proxy, to fill a vacancy on the board previously occupied by a board member elected by unit owners other than a developer.

(3) Class Voting. When the declaration provides that a specific class of unit owners is entitled to elect a member or members to the board, the class of unit owners electing such member or members to the board shall constitute all the voting interests within the meaning of Section 718.112(2)(j), Florida Statutes, that may recall or remove such board member or members.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.112, 718.301 FS. History–New 12-20-92, Formerly 7D-23.0026, Amended 12-20-95.

Fla. Admin. Code R. 61B-23.0027 Recall of One or More Members of a Board of Administration at a Unit Owner Meeting; Filling Vacancies

(1) Calling a Recall Meeting. Regardless of any provision to the contrary in the condominium documents, 10 percent of the voting interests may call a meeting of the unit owners to recall one or more members of the board by the voting interests giving the notice specified in paragraphs (2)(a) and (b), below. As utilized in this rule, the phrase “condominium documents” means the recorded declaration of condominium and all recorded exhibits and amendments thereto, and the articles of incorporation and bylaws of the condominium association in effect, and any amendments to each which are in effect.

(2) Noticing a Recall Meeting.

(a) Signature List. Prior to noticing a unit owner meeting to recall one or more members of the board, a list shall be circulated for the purpose of obtaining signatures of not less than 10 percent of the voting interests. The signature list shall:

1. State that the purpose for obtaining signatures is to call a unit owner meeting to recall one or more members of the board;

2. State that replacement board members shall be elected at the meeting if a majority or more of the existing board members are successfully recalled at the meeting; and,

3. Contain lines for the voting interest to fill in his unit number, signature and date of signature.

(b) Recall Meeting Notice. The recall meeting notice shall:

1. State that the purpose of the unit owner meeting is to recall one or more members of the board and, if a majority or more of the board is subject to recall, the notice shall also state that an election to replace recalled board members will be conducted at the meeting;

2. List by name each board member sought to be recalled at the meeting, even if every board member is sought to be recalled;

3. Specify a person, other than a board member subject to recall at the meeting, who shall determine whether a quorum is present, call the meeting to order, preside, and proceed as provided in paragraph (3)(b) of this rule;

4. List at least as many eligible persons who are willing to be candidates for replacement board members as there are board members sought to be recalled, in those cases where a majority or more of the board is sought to be recalled. Candidates for replacement board members shall not be listed when a minority of the board is sought to be recalled, as the remaining members of the board may appoint replacements. In addition, the notice must state that nominations for replacement board members may be taken from the floor at the meeting;

5. Have attached to it a copy of the signature list referred to in paragraph (2)(a) above;

6. Be mailed or delivered to all unit owners at least 10 days prior to the meeting, if the association is incorporated, unless a different time for notice of the meeting is provided in the condominium documents. If the association is unincorporated, notice shall be mailed or delivered according to the time requirements stated in the condominium documents for sending unit owner meeting notices; and,

7. Be delivered to the board at least 10 days prior to the recall meeting, unless the condominium documents provide a different notice requirement. The notice shall become an official record of the association upon actual receipt by the board.

(3) Recall Meeting; Electing Replacements.

(a) Date for Recall Meeting. If the association is incorporated, a recall meeting shall be held not less than 10 days nor more than 60 days from the date when the notice of the recall meeting is mailed or delivered, unless otherwise provided in the condominium documents. If the association is unincorporated, the meeting shall be held within the times required by the condominium documents.

(b) Conducting the Recall Meeting. After determining that a quorum exists (proxies may be used to establish a quorum) and the meeting is called to order, the voting interests shall proceed, as follows:

1. A representative to receive pleadings (e.g., copies of a petition for recall arbitration; motions), notices, or other papers on behalf of the recalling unit owners in the event the board disputes the recall, shall be elected or designated by the presiding officer.

2. A person to record the minutes of the recall meeting, who shall not be a board member subject to recall at that meeting, shall be elected or designated by the presiding officer.

3. The requirements of this subsection do not prohibit the voting interests from electing one person to perform one or more of these functions.

(c) Recall Meeting Minutes. The minutes of the recall meeting shall:

1. Record the date and time the recall meeting was called to order and adjourned;

2. Record the name or names of the person or persons chosen as the presiding officer, the recorder of the official minutes and the unit owner representative’s name and address;

3. Record the vote count taken on each member of the board sought to be recalled;

4. State whether the recall was effective as to each member sought to be recalled;

5. Record the vote count taken on each candidate to replace the board members subject to recall and, if applicable, the specific seat each replacement board member was elected to, in those cases where a majority or more of the existing board was subject to recall; and,

6. Be delivered to the board and, upon such delivery to the board, become an official record of the association.

(d) Separate Recall Vote. The voting interests shall vote to recall each board member separately, unless otherwise provided in the declaration or bylaws.

(e) Filling Vacancies. When the voting interests have recalled one or more board members at a unit owner meeting, the following provisions apply regarding the filling of vacancies on the board:

1. If less than a majority of the existing board is recalled at the meeting, no election of replacement board members shall be conducted at the unit owner meeting as the existing board may, in its discretion, fill these vacancies, subject to the provisions of Section 718.301, F.S., and Rules 61B-23.003 and 61B-23.0026, F.A.C., by the affirmative vote of the remaining board members. In the alternative, if less than a majority of the existing board is recalled at the unit owner meeting, the board may call and conduct an election which meets the requirements of Section 718.112(2)(d), F.S., and Rule 61B-23.0021, F.A.C., to fill a vacancy or vacancies;

2. If a majority or more of the existing board is recalled at the meeting, an election, which is subject to the provisions of Section 718.301, F.S., and Rules 61B-23.003 and 61B-23.0026, F.A.C., shall be conducted at the recall meeting to fill vacancies on the board occurring as a result of recall. The voting interests may vote in person or by limited proxy to elect replacement board members in an amount equal to the number of recalled board members.

(f) After adjournment of the meeting to recall one or more members of the board of administration. Any rescission of an individual unit owner vote or any additional unit owner votes received in regard to the recall shall be ineffective.

(4) Substantial compliance with the provisions of subsections (1), (2) and (3) of this rule, shall be required for the effective recall of a board member or members.

History

• Rulemaking Authority 718.112(2)(j)6., FS. Law Implemented 718.112(2)(j) FS. History–New 12-20-92, Formerly 7D-23.0027, Amended 8-24-94, 12-20-95, 2-19-01, 1-18-18.

Fla. Admin. Code R. 61B-23.0028 Recall by Written Agreement of the Voting Interests; Filling Vacancies

(1) Form of Written Agreement. All written agreements used for the purpose of recalling one or more members of the board of administration shall:

(a) List by name each board member sought to be recalled;

(b) Provide spaces by the name of each board member sought to be recalled so that the person executing the agreement may indicate whether that individual board member should be recalled or retained;

(c) List, in the form of a ballot, at least as many eligible persons who are willing to be candidates for replacement board members as there are board members subject to recall, in those cases where a majority or more of the board is sought to be recalled. Candidates for replacement members shall not be listed when a minority of the board is sought to be recalled, as the remaining board may appoint replacements. A space shall be provided by the name of each candidate so that the person executing the agreement may vote for as many replacement candidates as there are board members sought to be recalled. A space shall be provided and designated for write-in votes. The failure to comply with the requirements of this subsection shall not effect the validity of the recall of a board member or members;

(d) Provide a space for the person signing the written agreement to state his name, identify his unit and indicate the date the written agreement is signed;

(e) Provide a signature line for the person executing the written agreement to affirm that he is authorized in the manner required by the condominium documents to cast the vote for that unit;

(f) Designate a representative who shall open the written agreements, tally the votes, serve copies on the board and, in the event the board does not certify the recall by written agreement and files a petition for arbitration, receive pleadings (e.g., copies of a petition for recall arbitration; motions), notices, or other papers on behalf of the persons executing the written agreement;

(g) The written agreement or a copy shall be served on the board by certified mail or by personal service. Service on the board after 5:00 p.m. on a business day or on a Saturday, Sunday or legal holiday, as prescribed by Section 110.117, F.S., shall be deemed effective as of the next business day that is not a Saturday, Sunday, or legal holiday. Service of the written agreement on an officer, association manager, board member or the association’s registered agent will be deemed effective service on the association. Service upon an attorney who has represented the association in other legal matters will not be effective on the association unless that attorney is a board member, the association’s registered agent, or has otherwise been retained by the association to represent it in the recall proceeding. Personal service shall be effected in accordance with the procedures set out in Chapter 48, F.S., and the procedures for service of subpoenas as set out in Rule 1.410(d), Florida Rules of Civil Procedure; and

(h) Become an official record of the association upon service upon the board.

(i) Written recall ballots in a recall by written agreement may be reused in one subsequent recall effort. Written recall ballots do not expire through the passage of time, however, written recall ballots become void with respect to the board member sought to be recalled where that board member is elected during a regularly scheduled election.

(j) Written recall ballots may be executed by an individual holding a power of attorney or limited proxy given by the unit owner(s) of record.

(k) Any rescission or revocation of a unit owner’s written recall ballot or agreement must be done in writing and must be delivered to the board prior to the board being served the written recall agreements.

(2) Substantial compliance with the provisions of subsection (1) of this rule, shall be required for an effective recall of a board member or members.

(3) After service of a written agreement on the board any written rescission of an individual unit owner vote or any additional unit owner votes received in regard to the recall shall be ineffective.

History

• Rulemaking Authority 718.112(2)(l) FS. Law Implemented 718.112(2)(l) FS. History–New 12-20-92, Formerly 7D-23.0028, Amended 12-20-95, 2-19-01, 6-7-04, 1-18-18.

Fla. Admin. Code R. 61B-23.0029 Electronic Transmission of Notices

(1) Definitions. “Electronic transmission” means any form of communication, not directly involving the physical transmission or transfer of paper, that creates a record that may be retained, retrieved, and reviewed by the recipient and that may be directly reproduced in a comprehensible and legible paper form by the recipient through an automated process such as a printer or a copy machine. Examples of electronic transmission include, but are not limited to, telegrams, facsimile transmission of images, and text that is sent via electronic mail between computers. Electronic transmission does not include oral communication by telephone.

(2) Association Notices.

(a) Associations may opt to deliver meeting notices by electronic transmission by following these rules or by adopting bylaws that are consistent with these requirements.

(b) Associations that decide to stop delivery of notices by electronic transmission shall notify all owners by electronic transmission of the date on which electronic transmission of notices will cease. Associations must mail the notice to those owners whose consent has been revoked or was never given.

(3)(a) Consent and Revocation of Consent. In order to be effective, any consent given by a unit owner to receive notices via electronic transmission, and any revocation of consent, must be in writing and must be signed by the owner of record or by a person holding a power of attorney executed by the owner of record. Consent or revocation of consent may be delivered to the association via electronic transmission, by hand-delivery, by United States mail, by certified United States mail, or by other commercial delivery service. The unit owner bears the risk of ensuring delivery.

(b) Delivery of Consent or Revocation of Consent. Any consent given by a unit owner to receive notices via electronic transmission must be actually received by a current officer, board member, or manager of the association, or by the association’s registered agent. Unless otherwise agreed to by an association in advance of delivery of any consent or revocation of consent, delivery to an attorney who has represented the association in other legal matters will not be effective unless that attorney is also a board member, officer, or registered agent of the association.

(c) Automatic Revocation of Consent. Consent shall be automatically revoked if the association is unsuccessful in providing notice via electronic transmission for two consecutive transmissions to an owner, if and when the association becomes aware of such electronic failures.

(4) Attachments and Other Information. In order to be effective notice, notice of a meeting delivered via electronic transmission must contain all attachments and information required by law. For example, but not by way of limitation, the second notice of election provided by Section 718.112(2)(d)3., F.S., must contain a second notice of the election along with the ballot and any valid candidate information sheets that are timely received. As a further example, electronic transmission of the budget meeting shall only be effective if a copy of the proposed annual budget accompanies the notice of budget meeting.

(5) Effect of Sending Electronic Meeting Notice. Notice of a meeting is effective when sent by the association, regardless of when the notice is actually received by the owner, if directed to the correct address, location or number, or if posted on a web site or internet location to which the owner has consented. The owner, by consenting to notice via electronic transmission, accepts the risk of not receiving electronic notice, except as provided in paragraph (2)(c) of this rule, so long as the association correctly directed the transmission to the address, number, or location provided by the owner. An affidavit of the secretary or other authorized agent of the association filed among the official records of the association that the notice has been duly provided via electronic transmission is verification that valid electronic transmission of the notice has occurred. An association may elect to provide, but is not required to provide, notice of meetings via non-electronic transmission even if notice has been sent to the same owner or owners via electronic transmission.

(6) Official Records. The association shall maintain among its official records, which shall be accessible to the owners or their duly authorized representatives, all consent forms including electronic numbers, addresses and locations, all affidavits, all fax receipts of notice and related communications, copies of all electronic notices and attachments sent by the association, and any other record created or received by the association related to the electronic transmission of meeting notices, except as provided in Section 718.111(12)(a)7., F.S. Electronic records may be maintained in electronic or paper format, but must be available for inspection and copying upon unit owner request.

History

• Rulemaking Authority 718.112(2)(d)4.a., 718.501(1)(f), 718.501(1)(g) FS. Law Implemented 718.111(12)(a)7., 718.112(2)(c), 718.112(2)(d)6. FS. History–New 7-27-06.

Fla. Admin. Code R. 61B-23.003 Transition from Developer Control

(1) When an association will operate more than one condominium, unit owners other than the developer are entitled to elect no less than one-third of the members of the board of administrators when they own fifteen percent of the units in any one condominium to be operated by the association. The basis upon which unit owners other than the developer are entitled to elect not less than a majority of the board of administrators is determined according to the percentage of units conveyed to purchasers in all condominiums that will be operated ultimately by the association. The developer is entitled to elect at least one member of the board of administrators as long as it holds for sale in the ordinary course of business the percentage of units provided by law in any one condominium operated by the association.

(2) A developer may establish a transition committee or committees to involve unit owners in an advisory capacity with regard to the operation of the condominium prior to assumption of control of the association by unit owners other than the developer. However, establishment of such committee does not relieve the developer from any obligations under Section 718.301, F.S.

(3) Association funds shall be used only for association purposes and may not be expended for the purposes of the developer, including but not limited to sales and promotional activities, utilities or other costs for construction activities or repair or replacement which is within the warranty obligations of the developer, nor may association personnel be used for such purposes at association expense.

(4) The developer shall pay the costs for the preparation or duplication of the documents required by Section 718.301(4), F.S., to be provided the unit owner controlled association upon transfer of association control, including the costs and accountant's fees incurred in preparing the financial statements required by Section 718.301(4)(c), F.S.

(5) Within 10 business days after the election of the first unit owner, other than the developer, to the board of administration, the developer shall forward to the division, in writing, the name and mailing address of the unit owner board member.

(6) The developer or developer’s agent shall obtain a receipt for transfer of condominium documents to the unit owner controlled association. The receipt shall include a listing of all the items for each condominium operated by the association outlined under Section 718.301(4), F.S. Said receipt shall contain the date of transfer of the records and shall be signed by both the developer and a non-developer unit owner board member. A copy of said receipt shall be given to the association. Both parties shall retain the receipt for a period of 7 years. Said receipt shall not constitute a waiver of unit owner or association rights with respect to completeness and accuracy of the transfer of condominium documents or preclude administrative remedies available to the division.

(7)(a) For purposes of computing the percentages of units conveyed to purchasers which will entitle unit owners other than the developer to elect not less than a majority of the members of the board of administration, units sold or otherwise transferred in a bulk transfer by the current developer shall be utilized in the above computation for a turnover of control of the association board unless the sale or other transfer is accompanied by an assignment of the developer’s rights to the grantee or transferee. If an assignment of developer rights does not accompany the bulk transfer, in all instances the units sold or otherwise transferred shall be utilized in the computation for a turnover.

(b) As utilized in this rule, the term “bulk transfer” means any sale or other transfer of two or more units in one condominium to the same person, including but not limited to units conveyed through foreclosure, deed in lieu of foreclosure or any other transfer or sale, whether voluntary or involuntary.

(c) As utilized in this rule, the phrase “assignment of developer rights” refers only to a written agreement whereby the current developer expressly transfers to the grantee or transferee all developer rights and existing obligations under the declaration of condominium, including any exhibits thereto; under Chapter 718, F.S., including the provisions of Section 718.203, F.S.; and under these rules.

(d) If the transferee or grantee receives an assignment of developer rights, the transferee or grantee shall have the voting rights of the current developer as provided in the declaration, articles of incorporation or association bylaws and the Condominium Act.

(e) If the transferee or grantee does not receive an assignment of developer rights and if the transferee or grantee is not and does not become a developer as defined by Rule 61B-15.007, F.A.C., such transferee or grantee is entitled to vote for a majority of the members of the board of administration.

(f) If the transferee or grantee does not receive an assignment of developer rights and if the transferee or grantee, at the time of such transfer or at a subsequent time becomes a developer as defined by Rule 61B-15.007, F.A.C., such developer is entitled to vote for a majority of the members of the board of administration so long as such developer is offering units for sale in the ordinary course of business as defined in Rule 61B-15.007 and subsection 61B-15.0011(6), F.A.C. If, however, such developer is not offering units for sale in the ordinary course of business as defined in Rule 61B-15.007 and subsection 61B-15.001(6), F.A.C., such developer is not entitled to vote for a majority of the members of the board of administration.

(g) If during the time such developer, pursuant to the provisions of paragraph (f) of this rule, is entitled to vote for a majority of the members of the board of administration, such developer is responsible for any violation of the Condominium Act or these rules by the association committed during the time such developer controls the association by voting more than 50 percent of the voting interests of the association. Further, such developer shall provide the association with an audit of the association financial records in the manner provided in Section 718.301(4)(c), F.S., and Rule 61B-22.0062, F.A.C., for the period such developer controls the association regardless of the fiscal period required by subsection 61B-22.0062(1), F.A.C.

(8) In accordance with Section 718.301(1)(d), F.S., after turnover of control of an association, the developer who relinquishes control may vote in the same manner as any other unit owner. However, the relinquishing developer may not vote for a majority of the board of administration; nor shall the developer vote on matters for which a vote of unit owners other than the developer is allowed or required by Chapter 718, F.S., or by division rules. For example, the developer may not vote its interests in determining whether to cancel an association agreement under Section 718.302, F.S.

(9) In condominiums created on or after January 1, 1992, unit owners other than the developer are entitled to elect not less than a majority of the members of the board of administration not later than 7 years after recordation of the declaration. In the case of an association which may ultimately operate more than one condominium, where the initial condominium operated by the association is created on or after January 1, 1992, unit owners other than the developer are entitled to elect not less than a majority of the members of the board not later than 7 years after recordation of the declaration of the initial condominium. In the case of a phase condominium created pursuant to Section 718.403, F.S., where the declaration submitting the initial phase or phases is recorded on or after January 1, 1992, unit owners other than the developer are entitled to elect not less than a majority of the members of the board not later than 7 years after the recordation of the declaration submitting the initial phase or phases.

History

• Rulemaking Authority 718.301(6), 718.501(1)(f) FS. Law Implemented 718.111(1), 718.301 FS. History–New 7-22-80, Amended 3-18-82, 8-31-83, 5-21-84, 10-1-85, Formerly 7D-23.03, Amended 1-27-87, 4-1-87, 3-21-89, 4-1-92, 7-11-93, Formerly 7D-23.003, Amended 1-19-97.

Fla. Admin. Code R. 61B-23.004 Annual Budgets, Financial Reports and Statements and Reserves

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.111, 718.501(1)(j) FS. History–New 10-1-85, Formerly 7D-23.004, Amended 4-1-87, 7-10-88, 7-11-93, Formerly 7D-23.004, Repealed 11-14-95.

Fla. Admin. Code R. 61B-23.005 Association Transfer Fees, Fines, Remedies, and Assessments

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.102, 718.103(7), 718.111(2), 718.112(2)(i), 718.115, 718.116, 718.303 FS. History–New 10-1-85, Formerly 7D-23.05, Amended 1-27-87, 12-18-89, 7-17-91, Formerly 7D-23.005, Amended 11-23-93, Repealed 1-19-97.

Fla. Admin. Code R. 61B-23.006 Association Insurance

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.111(11) FS. History–New 10-1-85, Formerly 7D-23.06, 7D-23.006, Repealed 1-19-97.

Fla. Admin. Code R. 61B-23.0051 Cable Television Service

(1) “Cable television service,” as used in Section 718.115(1)(d)2., F.S., shall mean the transmission of video programming by a duly franchised cable company, as provided in Section 166.046, F.S., or as that section may be subsequently renumbered, pursuant to a contract between the association and such duly franchised cable company. For the purposes of this rule, cable television service shall include any master antenna or community antenna television system.

(2) “Legally blind,” as used in Section 718.115(1)(b), F.S., shall mean having central visual acuity of 20/200 or less in the better eye with corrective glasses or a disqualifying field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees.

(3) “Hearing impaired,” as used in Section 718.115(1)(d)2., F.S., shall mean:

(a) An individual who has suffered a permanent hearing impairment and is not able to discriminate speech sounds in verbal communication, with or without the assistance of amplification devices; or

(b) An individual who has suffered a permanent hearing impairment which is severe enough to necessitate the use of amplification devices to discriminate speech sounds in verbal communication.

(4) A legally blind or hearing impaired unit owner seeking to discontinue cable television service in accordance with Section 718.115(1)(d)2., F.S., shall furnish proof to the board of directors of the association that the individual is legally blind or hearing impaired. The association shall accept as proof of the impairment a statement attesting to such impairment from one of the following:

(a) A licensed physician, audiologist, or speech pathologist;

(b) A state certified teacher of the visually impaired or of the hearing impaired; or

(c) An appropriate state or federal agency.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.115(1)(d) FS. History–New 11-23-93.

Chapter 61B-24 CREATION OF CONDOMINIUM BY CONVERSION

Fla. Admin. Code R. 61B-24.001 Definitions; Creation of Condominium by Conversion

(1) “Tenant” means a party to a rental agreement in residential occupancy of a place rented for the purpose of maintaining a place of residence. The term “tenant” excludes a party to a rental agreement or other person in transient occupancy.

(2) “Transient occupancy” means occupancy when it is the intention of the parties that the occupancy will be temporary. There is a rebuttable presumption that, when the dwelling unit occupied is the sole residence of the guest, the occupancy is non-transient. There is a rebuttable presumption that, when the dwelling unit occupied is not the sole residence of the guest, the occupancy is transient.

(3) Section 718.402, F.S., states that a developer creating a condominium by conversion must comply with Parts I and VI of the Condominium Act in order to create a condominium. The creation of the real property condominium ownership form is achieved when the developer complies with Part I of the Condominium Act.

History

• Rulemaking Authority 718.501(1)(f) FS. Law Implemented 718.104, 718.402, 718.606, 718.608 FS. History–New 7-2-81, Formerly 7D-24.01, 7D-24.001.

Fla. Admin. Code R. 61B-24.002 Notices of Intended Conversion

(1) Prior to delivery to tenants, each developer of a conversion shall file with the division and receive acceptance of its notice of intended conversion.

(a) After the division receives a proposed notice of intended conversion and the $100 filing fee it shall, within 20 days, inform the developer by mail that the division has accepted the notice or reviewed the notice and determined specific deficiencies.

(b) The developer shall have 20 days from the date of the division’s notification of deficiencies in the notice to correct such deficiencies.

(c) The division shall notify the developer within 20 days from receipt of a corrected notice whether the corrected notice remains deficient or whether the corrected notice is accepted.

(2) Each developer of a conversion is required to give tenants a notice of intended conversion which has been accepted by the division. The developer is required to send the notice by certified or registered mail. The notice is deemed given to the tenant on the date when it is mailed. A tenant’s refusal of receipt of a notice of intended conversion does not affect the validity of the notice.

(a) When a tenant has refused receipt of a notice of intended conversion the developer may post the notice, personally deliver it to the tenant, mail the notice by regular mail or provide notice in any other reasonable manner.

(b) This subsection shall not be construed to require a developer to provide additional notice of intended conversion to any tenant who refuses receipt of a notice of intended conversion given in the manner prescribed by Part VI of the Condominium Act.

(3) Each notice of intended conversion shall state the address of the developer.

(a) The address stated shall be an address at which tenants may personally deliver or mail their responses to the notice of intended conversion.

(b) A developer may list more than one address in a notice of intended conversion. A developer may list a street address to which tenants may mail or personally deliver their responses to the notice and a post office box address to which tenants’ responses may be mailed.

(4) Each notice of intended conversion shall state the address or specific location of the property to be converted to condominium, above the text set forth by Section 718.608, F.S.

(5) For the purpose of each notice of intended conversion the Tallahassee address and telephone number of the division is:

Department of Business and Professional Regulation

Division of Florida Condominiums, Timeshares, and Mobile Homes

2601 Blair Stone Road

Tallahassee, Florida 32399-1030

(800)226-9101

(6) Each notice of intended conversion is required to include the text set forth by Section 718.608, F.S. A developer may make statements supplemental to the notice of intended conversion. These statements shall not be misleading or inconsistent with the statutory text of the notice of intended conversion or any provision of the Condominium Act, and no additional statements may be interspersed with the statutorily required text.

(7) When a developer sends a tenant more than one notice of intended conversion, any tenant who has responded to any prior notice of intended conversion shall be deemed to have responded to any subsequent notice of intended conversion as amended, provided, upon receipt of a subsequent notice of intended conversion a tenant may respond to that notice as amended, and such response shall supersede any prior response that the tenant may have given.

(8) Each notice shall be dated with the date when the notice is mailed.

History

• Rulemaking Authority 718.501(1)(f), 718.608(5), 718.621 FS. Law Implemented 718.608(5) FS. History–New 7-2-81, Formerly 7D-24.02, Amended 4-1-92, Formerly 7D-24.002, Amended 12-23-02, 2-7-06.

Fla. Admin. Code R. 61B-24.003 Rental Agreement Extensions

History

• Rulemaking Authority 718.501(1)(f), 718.621 FS. Law Implemented 718.606 FS. History–New 7-2-81, Formerly 7D-24.03, 7D-24.003, Repealed 12-12-11.

Fla. Admin. Code R. 61B-24.004 Disclosure of Building Condition

(1)(a) Disclosure of building condition is required in order that prospective purchasers be informed as to the scope and magnitude of the financial responsibility that condominium ownership entails. Section 718.616, F.S. (Supp. 1980), sets forth the information that shall be disclosed and components for which disclosure of condition is made. Disclosure of condition is required for all property and each of the components listed by the statute to the extent that the improvements include any of the components.

(b) Disclosure of condition is required for all condominium property, in particular condominium property intended for use in connection with the condominium. The disclosure of condition requirement applies to property owned by an association, and applies to property owned by a master property owners’ association when the repair, replacement or maintenance of such property constitutes a common expense or when such property is condominium property.

(2) The disclosure of the age of each component is measured in years from the later of:

(a) The date when the installation or construction of the existing component was completed; or

(b) The date when the component was replaced or substantially renewed.

It is not required that the developer certify that the replacement or renewal at least met the requirements of the then applicable building code.

(3) In a phased condominium conversion, disclosure of replacement cost information shall be stated on the basis of:

(a) All phases previously converted to condominium and all phases being offered in the documents; and

(b) All phases that may ultimately be converted to condominium and all phases that have been converted to condominium.

(4) The disclosure of building condition statement shall include the following information:

(a) The date when the statement was prepared.

(b) The date when the improvements were inspected for the preparation of the statement.

(c) The date when the construction of the improvements was completed, evidenced by a copy of the certificate of occupancy, or equivalent authorization, issued for the improvements. When a building is located in a jurisdiction in which certificates of occupancy or equivalent authorizations are not issued, the date when substantial completion of construction of the improvements in accordance with the plans and specifications shall be stated.

(5) The copy of the disclosure statement filed with the Division shall be certified under seal of a architect or engineer authorized to practice in this State.

History

• Rulemaking Authority 718.501(1)(f), 718.621 FS. Law Implemented 718.616 FS. History–New 7-2-81, Formerly 7D-24.04, 7D-24.004.

Fla. Admin. Code R. 61B-24.005 Right of First Refusal

(1) A developer may offer a unit to a tenant at more than one price provided that all prices are offered to the tenant during the full right of first refusal period.

(2) A developer may not require a purchasing tenant to close on a purchase prior to the expiration of the tenant’s rental agreement or any rental agreement extension period, provided, a developer may establish a higher price for the unit when a tenant elects a later closing. Time of closing shall be determined by developer and tenant negotiation.

(3) A tenant bringing an action for specific performance to enforce a right of first refusal may record a lis pendens prior to the closing on the sale of the unit to a third party.

(4) The right of first refusal exists to provide tenants the opportunity to continue their residence. Any restrictive covenant that would prevent a purchasing tenant from continuing residence in a unit purchased under the right of first refusal is unenforceable against such tenant.

History

• Rulemaking Authority 718.501(1)(f), 718.621 FS. Law Implemented 718.612 FS. History–Amended 9-6-81, Formerly 7D-24.05, 7D-24.005.

Fla. Admin. Code R. 61B-24.006 Economic Information (Repealed)

History

• Rulemaking Authority 718.501(1)(f), 718.614(2) FS. Law Implemented 718.501(1)(e), 718.614(2) FS. History-New 7-2-81, Formerly 7D-24.06, 7D-24.006, Amended 2-22-94, 7-14-08, Repealed 10-28-08.

Fla. Admin. Code R. 61B-24.007 Converter Reserve Accounts; Warranties; Disclosures

(1)(a) The funding of roof reserve accounts is based on the square foot surface area of the roof. The term “roof” does not include sloped siding that is not a part of a roof structure, does not serve the purpose of a roof and the deterioration of which would not result in damage to the interior of the improvements.

(b) The age of any component or structure, for which the developer is funding a reserve account, shall be measured –

1. Beginning with the later of:

a. The date when the component or structure was replaced or substantially renewed, if the replacement or renewal of the component at least met the requirements of the then applicable building code; or

b. The date when the installation or construction of the existing component or structure was completed; and

2. Ending with the date when the first unit is sold.

(2) When a developer is deemed to have granted to the purchaser of each unit an implied warranty, the term of the warranty is as follows:

(a)1. For a three year period beginning with the date of the notice of intended conversion; or

2. For a three year period beginning with the date of the recording of the declaration of condominium;

whichever period begins last; and continuing thereafter through.

(b) One year after the date when owners other than the developer obtain control of the association. Provided, the term of the warranty shall not exceed more than five years after later of: the date when the notice of conversion was given and the date when the declaration of condominium was recorded.

(3) The developer shall disclose in the documents required to be furnished purchasers the type of post-purchase protection that is to be provided: funded reserve accounts, warranties, or reserve accounts funded with a surety bond.

History

• Rulemaking Authority 718.501(1)(f), 718.621 FS. Law Implemented 718.502(5), 718.503, 718.618 FS. History–New 7-2-81, Formerly 7D-24.07, 7D-24.007, Amended 1-26-97.

Chapter 61B-25 VOLUNTEER AND PAID MEDIATION RULES

Fla. Admin. Code R. 61B-25.001 Mediation Definitions

For purposes of Sections 718.501(1)(m) and 719.501(1)(n), F.S., the following definitions shall apply:

(1) “Mediation” means a process whereby a neutral third person acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision making authority rests with the parties. The role of the mediator includes, for example, assisting the parties in identifying issues, fostering joint problem-solving, and exploring settlement alternatives.

(2) The phrase “mediated a dispute” means that the person as neutral third party assisted parties to a dispute with the goal of reaching a mutually acceptable and voluntary agreement through mediation as described in subsection (1) of this rule. The following shall not be considered as having “mediated a dispute”:

(a) Having served as counsel or adviser to a party to a mediation;

(b) Having been a party to a mediation; or

(c) Having participated in mediation as part of training or mentoring.

History

• Rulemaking Authority 718.501, 719.501 FS. Law Implemented 718.501(1)(m), 719.501(1)(n) FS. History–New 3-18-93, Formerly 7D-25.001, Amended 12-2-97, 2-25-07.

Fla. Admin. Code R. 61B-25.002 Volunteer and Paid Mediator Lists

(1) The division will maintain lists of both volunteer and paid mediators who have met the requirements of Sections 718.501(1)(m) and 719.501(1)(n), F.S. and these rules. The lists will include the name, address, and telephone number of each applicant who has met the statutory and rule requirements for appearing on the lists. Names shall be removed from the lists as provided in this rule.

(2) The division will update the list of volunteer mediators on July 1 of each year by sending a letter to each individual on the list, requesting that the individual advise the division within 30 days if the individual wishes to remain on the list. The division will remove the name of any individual who fails to notify the division in writing within 30 days from the date of the notice that the individual wishes to remain on the list. The removed name will be added to the list again upon written request of the person whose name was removed.

(3)(a) The division will remove from the list of volunteer mediators the name of any person who accepts any compensation or reimbursement for the mediation of a condominium dispute when the mediator was selected from the list or who submits false information in the application or documentation required by Rule 61B-25.003, F.A.C.

(b) The division will remove from the list of paid mediators the name of any person who submits false information in the application or documentation required by Rule 61B-25.003, F.A.C.

(4) The division does not endorse or in any way approve any volunteer or paid mediator appearing on the lists.

History

• Rulemaking Authority 718.501, 719.501 FS. Law Implemented 718.501(1)(m), 719.501(1)(n) FS. History–New 3-18-93, Formerly 7D-25.002, Amended 12-2-97, 2-25-07.

Fla. Admin. Code R. 61B-25.003 Procedure for Applying; Volunteer Mediators

(1) A person who has met the requirements of Sections 718.501(1)(m) and 719.501(1)(n), F.S. and these rules, and who wishes to be placed on a list of volunteer mediators maintained by the division, shall submit a completed BPR Form 33-035, APPLICATION FOR VOLUNTEER MEDIATOR, incorporated herein by reference and effective 3-18-93, and supporting documentation of training or experience to the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030. A copy of BPR form 33-035, may be obtained by writing to the Division of Florida Condominiums, Timeshares, and Mobile Homes at the address stated in this paragraph.

(2) The supporting documentation which shall be submitted with BPR form 33-035, Application for Volunteer Mediator, shall consist of the following:

(a) Verification of the completion of 20 hours of training in mediation techniques. Verification shall consist of a certificate of completion from a training program or a notarized statement from an instructor or entity providing the training which verifies completion of 20 hours of training in mediation techniques or other verifiable evidence of completion of the training requirement; or

(b) Verification of having mediated 20 disputes. Verification shall consist of either of the following:

1. Documentation of having mediated at least 20 disputes in a mediation program such as a County Citizen Dispute Settlement Program; or,

2. An affidavit from the applicant attesting to having mediated at least 20 disputes. If an affidavit is provided, it shall be supplemented with notarized statements attesting to the mediations from all parties of at least five disputes mediated by the applicant.

(3) Based upon the application and documentation submitted by the applicant, the division will determine if the applicant meets the requirements to be included on the list of volunteer mediators to be maintained by the division. If it is determined by the division that the applicant does not meet the minimum requirements, the division will notify the applicant by letter. The applicant’s name will not be placed on the list unless the applicant demonstrates that the minimum requirements have been met.

History

• Rulemaking Authority 718.501, 719.501 FS. Law Implemented 718.501(1)(m), 719.501(1)(n) FS. History–New 3-18-93, Formerly 7D-25.003, Amended 12-2-97, 2-25-07.

Fla. Admin. Code R. 61B-25.004 Procedure for Applying; Paid Mediators

(1) A person who has met the requirements of Sections 718.501(1)(m) and 719.501(l)(n), F.S., and these rules, and is certified by the Florida Supreme Court to mediate court cases in either county or circuit courts, and who wishes to be placed on a list of paid mediators maintained by the division, shall submit a completed DBPR Form CO 6000-33-042, APPLICATION FOR PAID MEDIATOR, incorporated herein by reference and effective 12-2-97, and supporting documentation to the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030. A copy of DBPR Form CO 6000-33-042, may be obtained by writing to the Division of Florida Condominiums, Timeshares, and Mobile Homes at the address stated in this paragraph.

(2) The supporting documentation which shall be submitted with DBPR Form CO 6000-33-042, is an acknowledgment from the Florida Supreme Court that the applicant is currently certified by the Florida Supreme Court to mediate cases in either circuit or county courts.

(3) Based upon the application and documentation submitted by the applicant, the division will determine if the applicant meets the requirements to be included on the list of paid mediators to be maintained by the division. If it is determined by the division that the applicant does not meet the minimum requirements, the division will notify the applicant by letter. The applicant’s name will not be placed on the list unless the applicant demonstrates that the minimum requirements have been met. If a person certified as a paid mediator by the division is no longer certified by the Florida Supreme Court to mediate court cases in either circuit or county courts, the person shall immediately so notify the division and the person's name shall be automatically deleted from the list of paid mediators.

History

• Rulemaking Authority 718.501, 719.501 FS. Law Implemented 718.501(1)(m), 719.501(1)(n) FS. History–New 12-2-97, Amended 2-25-07.

Chapter 61B-29 MOBILE HOME RULES DEFINITIONS

Fla. Admin. Code R. 61B-29.001 Definitions

For purposes of Rule Chapters 61B-30, 61B-31, 61B-32, 61B-33, and 61B-35, F.A.C., the definitions in this rule shall apply.

(1) “Promoting” means the use of advertising material which describes any aspect of the mobile park or the terms of the lease used in connection with the sale of a new mobile home or a lease of a mobile home lot. Descriptions which are limited to the name and address of a park shall not be deemed promoting.

(2) “Offer” means any advertisement, inducement, solicitation or attempt to encourage any person to enter into a rental agreement or extend or renew an existing rental agreement for a mobile home lot, whether existing or proposed.

History

• Rulemaking Authority 723.006(7) FS. Law Implemented 723.016 FS. History–New 3-20-95, Amended 1-26-97, 7-10-16.

Chapter 61B-30 FEES, FILINGS, AND ADVERTISING

Fla. Admin. Code R. 61B-30.006 Procedure for Filing and Use of Advertising

(1) All advertising, including scripts for radio, telephone and television, used in promoting a mobile home park under the jurisdiction of the division must be filed pursuant to the requirements of Section 723.016, F.S.

(2) “Filed with the division” means that advertising materials and a completed BPR form 403, Advertising Filing Statement, incorporated herein by reference and effective 8-31-94, which may be obtained by writing to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030, have been received by the division in the Tallahassee, Florida office. The date of receipt shall constitute the date of filing.

(3) The developer, park owner or mobile home dealer is not required to refile an advertising piece once it has been filed provided there are no changes made to that advertising piece. Changes only in the size of the advertising piece shall not be considered a change.

(4) Advertising filed with the Division may provide blank spaces for dollar amounts and the number of available lots if it clearly indicates the type of information to be included. For example, a blank space for rent may be preceded by a dollar sign.

(5) In determining whether advertising materials violate Section 723.016, F.S., or these rules, the Division shall consider both explicit representations and reasonable inferences created by such material. To determine whether misreprresentations or misleading impressions are made, the Division shall review the advertising materials in their totality.

(6) Advertising shall be consistent with the disclosures in the prospectus required by Section 723.012, F.S.

(7) Advertising shall not use such terms as “minutes away”, “short distance”, “only miles”, “near” or similar terms to indicate distances unless the actual distance in road miles is used in conjunction with such terms.

(8) Advertising shall not contain statements, photographs, or sketches relating to facilities for recreation, sports or other conveniences which are not presently in existence or located in the park unless it is clearly stated that such facilities are merely proposed if they do not exist; or, if they are not located in the park, a statement to that effect and the actual distance thereto in road miles is stated.

(9) Forecasts of future events or population trends contained in advertising shall be based upon verifiable facts and shall be pertinent to the offering.

(10) Any reference to a guarantee must specifically state what is guaranteed.

(11) The advertising shall not represent that the lot rental amount or any part of the lot rental amount of the lessee will not increase unless all financial obligations of the lessee are guaranteed not to increase or a conspicuous statement is made disclosing that the lessee will be required to pay other charges which are not guaranteed.

History

• Rulemaking Authority 723.006(7) FS. Law Implemented 723.012, 723.016, 723.017 FS. History–New 1-10-85, Formerly 7D-30.06, 7D-30.006, Amended 8-31-94, 1-19-97.

Fla. Admin. Code R. 61B-30.001 Fees

(1) Fees shall be paid online at www.MyFloridaLicense.com or by check or money order made payable to Division of Florida Condominiums, Timeshares, and Mobile Homes.

(2) Annual fee – If the number of mobile home lots in the park changes during the year, the fee shall be paid for the maximum number of mobile home lots owned by the park owner during the year.

(3) Prospectus filing fee – Upon filing the prospectus required by Section 723.011, F.S., the park owner shall pay a prospectus filing fee for each prospectus filed as follows:

(a) If any of the mobile home lots were covered under a Department of Health (DOH) mobile home park permit prior to June 4, 1984, the fee described in Section 723.011(1)(c)2., F.S., shall be based upon the number of mobile home lots required to be covered under a DOH permit at the time of the prospectus filing, unless the park owner files a prospectus for a greater number of mobile home lots than were covered under the permit. In that event, the fee shall be based upon the number of lots for which the prospectus is filed.

(b) For parks which obtain a permit on or after June 4, 1984, the filing shall be accompanied by a fee of $10 for each mobile home lot covered under the permit offered for lease with the prospectus; provided that the fee shall not be less than $100. If the park owner wishes to file a prospectus for a greater number of mobile home lots than are covered under the permit, the fee shall be based upon the number of mobile home lots for which the prospectus is filed; provided that the fee shall not be less than $100.

(4) If subsequent to the initial filing described in subsection (3) of this rule, additional mobile home lots become covered by the DOH permit which were not previously included in the prospectus filing, the fee shall be $10 for each additional mobile home lot.

(5) Successors or assigns of a mobile home park may be responsible for payment of any delinquent or due fees, penalties or fines.

History

• Rulemaking Authority 723.006(7) FS. Law Implemented 723.007, 723.011(1)(a), (c) FS. History–New 1-10-85, Formerly 7D-30.01, Amended 8-2-87, 3-28-89, Formerly 7D-30.001, Amended 8-31-94, 11-15-95, 1-19-97, 9-1-15, 3-10-16.

Fla. Admin. Code R. 61B-30.002 Filing and Examination of a Prospectus

(1) “Filing” occurs when all of the following have been received by the division:

(a) All forms and documents, completed, tabbed, labeled and assembled in accordance with these rules;

(b) The completed Park Owner Prospectus Filing Statement, BPR Form 402, incorporated herein by reference and effective 8-31-94, and which may be obtained by writing to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030; and, https://www.flrules.org/Gateway/reference.asp?No=Ref-06507.

(c) The correct filing fees as required by Section 723.011, F.S.

(2) In determining whether a prospectus must be filed pursuant to Section 723.011, F.S., all existing and planned lots, irrespective of whether all lots are currently covered under a Department of Health permit, shall be counted. As used herein, planned lots means all lots platted or otherwise approved by local authorities.

(3) The park owner may enter into rental agreements only for those lots for which fees have been paid and a prospectus has been filed.

(4) A filing may be amended to include additional lots by submitting to the division the following items:

(a) A completed Supplemental Filing Statement, BPR Form 406, incorporated herein by reference and effective 8-31-94, which may be obtained by writing to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030; and,

(b) The additional filing fees.

(5) If more than one prospectus is filed and approved for use in the park, the park owner shall inform the division which prospectus applies to each of the lots. The information shall be submitted in the following manner:

(a) If known at the time of filing, the information shall be stated in the appropriate blanks in BPR Form 402.

(b) If the park owner does not know at the time of filing which prospectus will be delivered to each lot; or if the information provided in BPR Form 402 changes after filing, the park owner shall, no later than the first day of March and September of each year, submit to the division a listing of each lot number with the corresponding form prospectus identification number assigned by the division. If there have been no changes from the previous reporting, no additional notification is required.

(6) Documents submitted to the division for filing shall be securely bound and fastened between firm covers. The filing shall be accompanied by the Park Owner Prospectus Filing Statement and the correct filing fees. Exhibits to the prospectus shall be tabbed and labeled on the side. Each label shall identify the exhibit by appropriate word, phrase or abbreviation.

(7) Amendment means any change to the prospectus filing as permitted by Rule 61B-31.001, F.A.C..

(8) Each park owner shall file amendments with the Division for approval no later than 10 days after a change has occurred. The filing shall contain a version of the proposed amendment, that shows the deletions stricken, and the additions underlined or otherwise highlighted. The park owner shall also submit with the amendments the following information on a separate cover sheet:

(a) Name and address of the park to which the amendments apply;

(b) Division file number;

(c) Park owner’s name and address;

(d) Attorney’s name and address, if applicable.

(9) The examination process for a filing, described herein, shall apply to the examination of amendments, except for paragraph 61B-30.002(1)(c), F.A.C.

(10) Amendments shall not be delivered to existing home owners prior to approval by the Division, except that proposed rule changes shall be delivered to home owners as required by Section 723.037, F.S., and shall be filed with the Division no later than 10 days after the effective date of the changes. All other approved amendments shall be provided to existing home owners no later than 30 days after approval by the Division.

(11) The park owner shall have 45 days from the date of the Division’s notification of deficiencies to correct any deficiencies noted by the Division. The Division shall notify the park owner of the pending rejection and shall provide an opportunity for the park owner to request formal or informal proceedings pursuant to Section 120.57, F.S., prior to final agency action rejecting the prospectus. If a filing is rejected, a complete refiling of the documents pursuant to the requirements of Chapter 723, F.S., and these rules, including the payment of filing fees, shall be required prior to entering into additional rental agreements.

(12) Upon resolution of all deficiencies, the park owner shall file with the division a corrected and revised version of the pending prospectus prior to the division’s notification to the park owner that the prospectus is adequate to meet the requirements of Chapter 723, F.S. The division’s notification of approval shall be accompanied by the approved version of the prospectus. Upon receipt of the approved prospectus, the mobile home park owner shall submit a statement in writing for each prospectus that the approved version of that prospectus is the only version which is being distributed.

History

• Rulemaking Authority 723.006(7) FS. Law Implemented 723.011(1), 723.012, 723.006(8) FS. History–New 1-10-85, Formerly 7D-30.02, Amended 8-2-87, Formerly 7D-30.002, Amended 8-31-94, 11-15-95, 1-19-97, 4-30-00, 3-10-16.

Fla. Admin. Code R. 61B-30.008 Provider Filing and Curriculum for Educational and Training Programs

(1) Anyone seeking to be a division approved mobile home education provider shall file with the division the educational materials required by Section 723.006(14)(a), F.S.

(2) All materials must be submitted to the division via e-mail to CTMH.BdMbrCertProviders@myfloridalicense.com, by providing access to web-based training programs, or in either printed form or CD ROM format to the following address:

Department of Business and Professional Regulation

Division of Florida Condominiums, Timeshares, and Mobile Homes

2601 Blair Stone Road

Tallahassee, FL 32399-1030

(3) Programs shall cover at least four of the following topics in order to meet the requirements of an educational curriculum for a mobile home education program as provided in Section 723.006(14), F.S.:

(a) Homeowners’ Association statutory rights and regulatory responsibilities to the association and the mobile home owners.

(b) Elections.

(c) Financial reporting.

(d) Association operations.

(e) Records maintenance, including mobile home owner access to records.

(f) Dispute resolution.

(g) Homeowners’ Association Formation.

(4) Programs and materials shall not contain editorial comments.

(5) Within 45 days from receipt of the materials, the division shall notify the provider of any deficiencies or that the materials have been approved. If the notice is not given within 45 days from receipt of the materials, the materials are deemed approved.

(6) The provider shall have 45 days from the date of the division’s notification of deficiencies to correct such deficiencies. If the deficiencies are not corrected within the 45-day period, the division shall reject the filing.

(7) Within 20 days from receipt of the corrections to the noted deficiencies, the division shall notify the provider of any deficiencies or that the materials have been approved. If the notice is not given within 20 days from receipt of the corrections, the materials are deemed approved.

(8) Approved materials may be provided to participants via web-based training programs, seminars, or printed media.

(9) The division will maintain a list of approved programs and providers on the Department of Business and Professional Regulation’s website at http://www.myfloridalicense.com/dbpr/lsc/condominiums/CondoEducation.html.

(10) The division reserves the right to require changes to approved education and training programs.

(11) The provider will issue a certificate of completion to a board member who has successfully completed the approved educational curriculum.

History

• Rulemaking Authority 723.006(7) FS. Law Implemented 723.006(12), (13), (14) FS. History–New 3-14-16.

Chapter 61B-31 MOBILE HOME PROSPECTUS AND RENTAL AGREEMENT RULE

Fla. Admin. Code R. 61B-31.001 Prospectus and Rental Agreement

(1) The prospectus shall clearly describe all matters required by chapter 723, Florida Statutes, and shall not contain other information except as permitted by the Division to fully and fairly disclose all aspects of the park and the offer.

(2) Subject to the provisions of section 723.011(3), F.S., if the park is to be developed in defined sections, the information required in the prospectus may be described by section.

(3) With regard to a tenancy in existence on June 4, 1984, the prospectus shall contain the same terms and conditions as rental agreements which were required to be offered pursuant to section 83.760, F.S. (1983), and any provisions required by chapter 723, F.S., not inconsistent therewith. A copy of each form of the existing rental agreements identified by the lots to which it applies shall be included in the prospectus filing filed with the Division. The Division will not as part of the examination of the prospectus investigate to determine if the content of the prospectus contains the same terms and conditions as the rental agreements which were required to be offered. If it is later determined that the prospectus varies from the offered rental agreements, an amendment to the prospectus will be required.

(4) The prospectus distributed to a home owner or prospective home owner shall be binding for the length of the tenancy, including any assumptions of that tenancy, and may not be changed except in the following circumstances:

(a) Amendments consented to by each affected home owner and the park owner.

(b) Amendments to reflect new rules or rules that have been changed in accordance with procedures described in section 723.037, F.S., and the prospectus.

(c) Amendments to reflect changes in the name or address of the owner of the park, name or address of the mobile home park or the name or address of the park manager or management company.

(d) Amendments to reflect changes in zoning.

(e) Amendments to reflect a change in the person authorized to receive notices and demands on the park owner’s behalf.

(f) Amendments to reflect changes in the entity furnishing utility or other services.

(g) Amendments required by the Division.

(h) Amendments required as a result of revisions of chapter 723, F.S.

(i) Amendments to add, delete or modify user fees for homeowners, so long as the park owner does not violate section 723.031, F.S. by charging a user fee for a service previously included in lot rental amount unless a corresponding reduction in lot rental amount is provided.

(j) Amendments to correct scrivener’s errors.

(k) Amendments to reflect changes to the mobile home park property description due to a change in land use, condemnation or other legal action which changes the mobile home park property or a portion thereof.

(l) Amendments made to conform the prospectus to requirements of federal, state and local government ordinances, statutes, and regulations, including, but not limited to, the Fair Housing Act, the Americans with Disabilities Act, or the Telecommunications Act of 1996, where there is no charge to the home owner, except as provided in section 723.031, F.S.

(m) Amendments to reflect changes in facilities or structural amenities after a natural disaster, as long as the requirements of section 723.037, F.S. are met.

(n) Amendments to revise, renew, or extend an underlying ground lease.

(o) Amendments to reflect reduction in services or utilities in accordance with the procedures described in section 723.037, F.S.

(p) Amendments to describe new facilities, services or utilities in the park.

(5) The park owner shall describe in the prospectus the manner in which lot rental amount or user fees may be raised as follows:

(a) In the case of lot rental amount, a statement that the mobile home owner shall be notified of the increase at least 90 days prior to the increase. In the case of user fees, a description of the notice will be provided.

(b) Disclosure of all components of lot rental amounts and disclosure of all user fees to be paid by the home owner. Each type of charge shall be separately listed. The disclosure of all charges except user fees, shall appear in one section of the prospectus. User fees shall be disclosed in a separate section immediately following the section relating to lot rental amount.

(c) A description of all factors, including cost where applicable, for each type of charge which may result in an increase of those charges to the home owner. The factors shall be preceded or followed by a statement that an increase in one or more of the factors may result in an increase in the lot rental amount or user fees.

(d) If the home owner is responsible for pass-through charges, a statement of that fact and a description of the manner in which the pass-through charges will be assessed. The manner shall include the method of allocating the charges.

(6) The current dollar amount of each type of charge shall also be stated in the prospectus and rental agreement. The park owner may provide blank spaces for the required amounts and write in the amount prior to delivery to the home owner.

(7) If there are user fees, a copy of the user fee agreement shall be included as an exhibit to the prospectus.

(8) For those rental agreements in effect on June 4, 1984, the annual period shall commence with the effective date of any change initiated by the park owner on or after June 4, 1984; or, if a written agreement was then in effect, the duration period stated in the rental agreement. Initial tenancies commencing on or after June 4, 1984, may be for a period of less than one year where the park owner elects to have the term of all rental agreements within the park expire on the same date. Initial tenancy, as used herein, shall mean neither a rental agreement nor occupancy occurred prior to June 4, 1984.

(9) The park owner may use more than one form of the prospectus in the park. Each form prospectus shall be filed with the Division as a separate filing.

(10) The last page of the prospectus shall contain the date the prospectus is determined by the Division to be adequate to meet the requirements of chapter 723, F.S., and an identification number assigned by the Division and the lot number to which the prospectus applies. If the prospectus has been revised to include amendments as described in this rule, the date shall be the original approval date and the latest revision date.

(11) Only a prospectus which has been determined by the Division to meet the requirements of the Statutes and these rules may be delivered to a mobile home owner.

(12) The park owner shall deliver the prospectus to existing home owners prior to the renewal of their rental agreements, or prior to entering into a new rental agreement, or prior to increasing the lot rental amount. Once a home owner has been given a prospectus, the park owner shall not be required to provide another prospectus but shall provide amendments, as described in rule 61B-30.002, F.A.C., and this rule.

History

• Rulemaking Authority 723.006(7) FS. Law Implemented 723.003(6),(17), (21), 723.031, 723.006(8),(10), 723.011, 723.012, 723.031(7) FS. History–New 1-10-85, Amended 10-20-85, Formerly 7D-31.01, Amended 8-2-87, 10-13-87, Formerly 7D-31.001, Amended 11-15-95, 4-30-00.

Chapter 61B-32 MOBILE HOME MEDIATION RULES

Fla. Admin. Code R. 61B-32.001 Mediation Definitions

History

• Rulemaking Authority 723.006(7) FS. Law Implemented 723.002(2), 723.037, 723.038 FS. History–New 2-6-85, Formerly 7D-32.01, Amended 8-2-87, 10-2-90, Formerly 7D-32.001, Repealed 8-31-94.

Fla. Admin. Code R. 61B-32.002 Notice of Lot Rental Increase; Reduction in Services or Utilities; or Change in Rules and Regulations

(1) The provisions of Section 723.037, F.S., apply to mobile home subdivisions, except for increases in maintenance fees.

(2) A copy of the notice shall be retained by the park owner or subdivision developer with a dated written statement signed by the park owner or subdivision developer certifying the date the notice was given to all affected homeowners in the park or subdivision and the board of directors of the homeowners’ association if one has been established. If all notices are mailed, the park owner or developer may retain a post office certificate of mailing in lieu of the written statement.

History

• Rulemaking Authority 723.006(7) FS. Law Implemented 723.037 FS. History–New 2-6-85, Formerly 7D-32.02, Amended 8-2-87, 10-13-87, Formerly 7D-32.002, Amended 8-31-94, 11-15-95, 1-19-97.

Fla. Admin. Code R. 61B-32.003 Designation of Homeowners’ Committee

(1) If the mobile home park has a homeowners association, the homeowners committee must be designated by the homeowner association’s board of directors.

(2) If the mobile home park does not have a homeowners association, the homeowners committee must be designated by the by a majority of affected homeowners. Designation by majority of affected homeowners may only be used if there is no homeowners’ association. Any homeowner or group of homeowners may obtain the approval of the affected homeowners to the designation of a homeowners’ committee either at a meeting, by agreement in writing, or a combination thereof.

(3) If a mobile home or subdivision lot is owned jointly, the owners of that mobile home or subdivision lot shall be counted as one for the purpose of determining the number of votes required for a majority. Only one vote per mobile home or subdivision lot shall be counted. A majority shall constitute any number greater than 50 percent of the total.

(4) The homeowners’ association or committee shall retain records to verify the selection of the committee by a majority of the affected homeowners or the board of directors of the association. The records shall be retained until the dispute is resolved or the mediation process described in Section 723.037, F.S., has been completed, or, in the case of a homeowners’ association, for not less than 3 years.

History

• Rulemaking Authority 723.0051, 723.006(7) FS. Law Implemented 723.037 FS. History–New 2-6-85, Formerly 7D-32.03, Amended 8-2-87, 10-2-90, Formerly 7D-32.003, Amended 11-15-95, 6-29-26.

Fla. Admin. Code R. 61B-32.004 Meetings Between Park Owner and Homeowners’ Committee

(1) “Division” means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation.

(2) The park owner or subdivision developer shall make and maintain a written record of the reasons for the increase in lot rental amount or reduction in services or utilities or changes to rules and regulations as applicable, which shall be as specific as the explanation required by subsection 61B-32.004(2), F.A.C., and which shall be retained for a period of 3 years. For example, if the reason for an increase in lot rental amount is an increase in operational costs, the park owner must disclose the item or items which have increased, the amount of the increase, any similar item or items which have decreased and the amount of the decrease. If an increase is based upon the lot rental amount charged by comparable mobile home parks, the park owner shall disclose the name, address, lot rental amount and any other relevant factors concerning the mobile home parks relied upon by the park owner.

(3) If an agreement is reached between the committee and the park owner or subdivision developer, the terms of the agreement shall be stated in writing and signed by the committee and the park owner or subdivision developer.

(4) If an agreement is not reached in the meeting(s), the homeowners’ committee may petition the Division to initiate mediation by mailing or delivering a completed DBPR Form 34-001, PETITION FOR MEDIATION BY HOMEOWNERS, incorporated herein by reference http://flrules.org/Gateway/reference.asp?No=Ref-19549 and effective May 2026 on the Division’s website at: https://www2.myfloridalicense.com/condos-timeshares-mobile-homes/ to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030 within 30 days after the meeting required by Section 723.037(4), F.S.

(5)(a) A Petition for Mediation will be dismissed if a current DBPR Form 34-001 and all exhibits are not postmarked or delivered within 30 days after the date of the meeting required by Section 723.037(5), F.S. or if the park owner and mobile homeowners fail to comply with section 723.037, F.S.

(b) A petition that does not include a properly completed current DBPR Form 34-001 and all exhibits shall be considered deficient. The Division will notify the committee in writing of the deficiency. The committee shall have 5 days after the date of the notice to mail or deliver to the Division corrections of the deficiencies. If the deficiency corrections are not postmarked or delivered within 5 days after the date of the notice, the Petition for Mediation will be dismissed. A petition will be considered received pursuant to Section 723.038(4), F.S., when all items required by this rule have been received and all deficiencies have been corrected.

(6) If the homeowners’ committee petitions for mediation, a copy of the completed DBPR Form 34-001 and all exhibits shall be furnished to the park owner by Certified U.S. Mail, Return Receipt Requested, at the time the petition is filed with the Division. Notwithstanding this requirement, a mediator will be appointed within the time required by Section 723.038(4), F.S.

(7) The park owner may petition the Division to initiate mediation by mailing or delivering a completed DBPR Form 34-002, PETITION FOR MEDIATION BY PARK OWNER, incorporated herein by reference http://flrules.org/Gateway/reference.asp?No=Ref-19550 and effective May 2026, and which may be obtained on the Division’s website at: https://www2.myfloridalicense.com/condos-timeshares-mobile-homes to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030, within 30 days after the date of the meeting required by Section 723.037(5), F.S.

(8)(a) A Petition for Mediation will be dismissed if a current DBPR Form 34-002 and all exhibits are not mailed postmarked or delivered to the division within 30 days after the date of the meeting required by section 723.037(5), F.S or if the park owner and mobile homeowners fail to comply with section 723.037 F.S.

(b) A petition that does not include a properly completed current DBPR Form 34-002 and all exhibits shall be considered deficient. The Division will notify the park owner in writing of the deficiency. The park owner shall have 5 days after the date of the notice to mail or deliver to the Division corrections of the deficiencies. If all deficiency corrections are not postmarked or delivered within 5 days after the date of the notice, the Petition for Mediation will be dismissed. A petition will be considered received pursuant to section 723.038(4), F.S., when all items required by this rule have been received and all deficiencies have been corrected.

(9) If the park owner petitions for mediation, a copy of the completed DBPR form 34-002 and all exhibits, shall be furnished by the park owner to the homeowners’ committee by Certified U.S. Mail, Return Receipt Requested, at the time the petition is filed with the Division. Notwithstanding this requirement, a mediator will be appointed within the time required by Section 723.038(4), F.S.

History

• Rulemaking Authority 723.0051, 723.006(7) FS. Law Implemented 723.037, 723.038 FS. History–New 2-6-85, Formerly 7D-32.04, Amended 8-2-87, 10-13-87, 10-2-90, Formerly 7D-32.004, Amended 8-31-94, 11-15-95, 1-19-97, 6-29-26.

Fla. Admin. Code R. 61B-32.005 Petitions for Mediation by Homeowners

History

• Rulemaking Authority 723.006(7), 723.038(1) FS. Law Implemented 723.037, 723.038 FS. History–New 2-6-85, Formerly 7D-32.05, Amended 8-2-87, 2-8-89, 10-2-90, Formerly 7D-32.005, Amended 8-31-94, 11-15-95, Repealed 1-19-97.

Fla. Admin. Code R. 61B-32.0053 Petitions for Mediation by Park Owners

History

• Rulemaking Authority 723.006(7) FS. Law Implemented 723.037, 723.038 FS. History–New 10-2-90, Formerly 7D-32.0053, Amended 8-31-94, Repealed 1-19-97.

Fla. Admin. Code R. 61B-32.0056 Appointment of a Mediator and Mediation Fees

(1) In order to be appointed by the division, a mediator meeting the requirements of Section 723.038(2), F.S., must file an application with the division. The application must be submitted on BPR form 34-003, APPLICATION FOR MEDIATORS, incorporated herein by reference and effective 1-19-97. The form may be obtained by writing to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

(2) If a mediator in the circuit in which the mobile home park is located is unavailable from both a list of circuit court mediators in the judicial circuit and from the Florida Growth Management Conflict Resolution Consortium list, the division will appoint a mediator from outside the circuit, beginning with circuits which are located in the same geographic region.

(3) The division will select a mediator from the following lists using an alphabetical rotation:

(a) An alphabetical list of circuit court mediators by judicial circuit consisting of meditators willing to mediate in that judicial circuit.

(b) An alphabetical list of mediators maintained by the Florida Growth Management Conflict Resolution Consortium.

(4) Unless otherwise agreed to by the parties, the first mediation conference shall be held within 60 days of the appointment of the mediator by the division.

(5) Notice. Within 10 days after the appointment of the mediator, the mediator shall schedule and notify the parties in writing of the time, date and place of the mediation conference.

(a) Conclusion of Mediation. Mediation shall be completed within 45 days of the first mediation conference unless agreed to by both parties. The mediator shall notify the division in writing that mediation is concluded by submitting a completed BPR form 34-005, MEDIATION REPORT, incorporated herein by reference and effective 1-19-97, and which may be obtained by writing to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030. The report shall be mailed or delivered to the division within 10 days after the conclusion of the mediation. Conclusion means the mediation process has ended by either full or partial impasse or agreement on the issues or failure of either party to appear at the mediation conference.

(b) Waiver or Deferral of Mediation. Prior to the mediation conference, any party may withdraw its petition for mediation. The party withdrawing its petition shall notify all interested parties, the mediator and the division.

(c) Adjournments. The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference, notwithstanding Rule 1.710(a), Florida Rules of Civil Procedure. No further notification is required for parties present at the adjourned conference.

(d) Counsel. The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator and with the agreement of the parties, mediation may proceed in the absence of counsel.

(e) Communication with Parties. The mediator may meet and consult privately with any party or parties or their counsel.

(6) Any party may request the division to replace a mediator. Upon request from either party for replacement of an appointed mediator, the division will appoint a qualified replacement in accordance with this rule. Nothing in this provision shall preclude mediators from disqualifying themselves or refusing any assignment. The time for mediation shall be tolled during any periods in which a mediation request for replacement is pending.

(7) In computing any period of time prescribed or allowed by these rules, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. As used in these rules, “legal holiday” means those days designated in Section 110.117, F.S.

(8)(a) Fees. For mobile home parks located in Dade County, the mediator shall collect an all inclusive fee of $175 for up to 2 hours, and above 2 hours an additional fee of $85 per hour, or any fraction of an hour.

(b) For mobile home parks located in all counties other than Dade County and the Sixth Judicial Circuit, the mediator shall collect an all inclusive fee of $125 per hour, or any fraction of an hour.

(c) For mobile home parks located in the 6th Judicial Circuit, the mediator shall collect an all inclusive fee of $125 per hour, prorated by one quarter hour increments.

(d) Any mediation fees incurred by a mediator subsequent to appointment by the division shall be the responsibility of the parties. The parties shall be responsible for paying the mediator fee in accordance with this rule.

(e) Mediation fees shall be based on time utilized for scheduling and mediation conference or conferences.

History

• Rulemaking Authority 723.006(7) FS. Law Implemented 723.037, 723.038 FS. History–New 10-2-90, Formerly 7D-32.0056, Amended 8-31-94, 11-15-95, 1-19-97.

Chapter 61B-33 MOBILE HOME RULES FOR RECALLS IN HOMEOWNERS' ASSOCIATIONS

Fla. Admin. Code R. 61B-33.001 Class Voting

When the governing documents provide that a specific class of members of a homeowners’ association created pursuant to Section 723.075, F.S., is entitled to elect a director or directors to the board, the class of homeowners electing such director or directors to the board shall constitute all the voting interests that may recall or remove such director or directors.

History

• Rulemaking Authority 723.1255 FS. Law Implemented 723.078(2)(i) FS. History–New 2-24-16.

Fla. Admin. Code R. 61B-33.0015 Absentee Ballot

“Absentee ballot,” as provided by Section 723.078(2)(b)2., F.S., means a ballot completed and delivered in advance of a member meeting, in accordance with the homeowners’ association’s bylaws, by a member who is not present at the time the vote is taken.

History

• Rulemaking Authority 723.078(2)(b)2. FS. Law Implemented 723.078(2)(b)2. FS. History–New 4-24-17.

Fla. Admin. Code R. 61B-33.002 Recall of One or More Directors of a Board of Administration at a Member Meeting; Board Certification; Filling Vacancies

(1) Calling a Recall Meeting. Ten percent of the voting interests of a homeowners’ association created pursuant to Section 723.075, F.S., may call a meeting of the members to recall one or more directors of the association’s board by giving notice as specified in subsection (2) below.

(2) Noticing a Recall Meeting.

(a) Signature List. Prior to noticing a members’ meeting to recall one or more directors of the board, a list shall be circulated for the purpose of obtaining signatures of not less than 10 percent of the voting interests. The signature list shall:

1. State that the purpose for obtaining signatures is to call a meeting of the members to recall one or more directors of the board;

2. State that replacement directors shall be elected at the meeting, if a majority or more of the existing directors are successfully recalled at the meeting; and,

3. Contain lines for the voting interest to fill in his or her mobile home lot number, signature and date of signature.

(b) Recall Meeting Notice. The recall meeting notice shall:

1. State that the purpose of the members’ meeting is to recall one or more directors of the board and, if a majority or more of the board is subject to recall, the notice shall also state that an election to replace recalled directors will be conducted at the meeting;

2. List by name each director sought to be recalled at the meeting, even if all directors are sought to be recalled;

3. Specify a person, other than a director subject to recall at the meeting, who shall determine whether a quorum is present, call the meeting to order, preside, and proceed as provided in paragraph (3)(b) of this rule;

4. List at least as many eligible persons who are willing to be candidates for replacement directors as there are directors sought to be recalled, in those cases where a majority or more of the board is sought to be recalled. Candidates for replacement directors shall not be listed when a minority of the board is sought to be recalled, as the remaining directors may appoint replacements. In addition, the notice must state that nominations for replacement directors may be taken from the floor at the meeting;

5. Have attached to it a copy of the signature list referred to in paragraph (2)(a) above;

6. Be mailed or delivered to all members as required in the governing documents for a meeting of the members; and,

7. Be delivered to the board at least 10 days prior to the recall meeting. The notice shall become an official record of the association upon actual receipt by the board.

(3) Recall Meeting; Electing Replacements.

(a) Date for Recall Meeting. A recall meeting shall be held not less than 10 days nor more than 20 days from the date when the notice of the recall meeting is mailed or delivered.

(b) Conducting the Recall Meeting. After determining that a quorum exists (proxies may be used to establish a quorum) and the meeting is called to order, the voting interests shall proceed as follows:

1. A representative to receive pleadings (e.g., copies of a petition for recall arbitration, motions), notices, or other papers on behalf of the recalling members shall be elected or designated by the presiding officer in the event the board disputes the recall.

2. A person to record the minutes of the recall meeting, who shall not be a board director subject to recall at that meeting, shall be elected or designated by the presiding officer.

3. The requirements of this subsection do not prohibit the voting interests from electing one person to perform one or more of these functions.

(c) Recall Meeting Minutes. The minutes of the recall meeting shall:

1. Record the date and time the recall meeting was called to order and adjourned;

2. Record the name or names of the person or persons chosen as the presiding officer, the recorder of the official minutes, and the member representative’s name and address;

3. Record the vote count taken on each director of the board sought to be recalled;

4. State whether the recall was effective as to each director sought to be recalled;

5. Record the vote count taken on each candidate to replace the directors subject to recall and, if applicable, the specific seat each replacement director was elected to, in those cases where a majority or more of the existing board was subject to recall; and,

6. Be delivered to the board, and upon such delivery to the board become an official record of the association.

(d) Separate Recall Vote. The voting interests shall vote to recall each director separately.

(e) Filling Vacancies. When the voting interests have recalled one or more directors at a members’ meeting, the following provisions apply regarding the filling of vacancies on the board:

1. If less than a majority of the existing board is recalled at the meeting, no election of replacement directors shall be conducted at the members’ meeting as the existing board may, in its discretion, fill these vacancies, subject to the provisions of Section 723.078(2)(i), F.S., by the affirmative vote of the remaining directors. In the alternative, if less than a majority of the existing board is recalled at the members meeting, the board may call and conduct an election to fill a vacancy or vacancies;

2. If a majority or more of the existing board is recalled at the meeting, an election shall be conducted at the recall meeting to fill vacancies on the board occurring as a result of recall. The voting interests may vote to elect replacement directors in an amount equal to the number of recalled directors.

(f) Taking Office. When a majority or more of the board is recalled at a members’ meeting, replacement directors shall take office:

1. Upon the expiration of five full business days after adjournment of the members’ recall meeting, if the board fails to hold its board meeting to determine whether to certify the recall within five full business days of the adjournment of the members’ recall meeting; or

2. Upon the expiration of five full business days after adjournment of the board meeting to determine whether to certify the recall, if the board fails to certify the recall and fails to file a petition for arbitration; or

3. Upon certification of the recall by the board; or

4. Upon certification of the recall by the arbitrator, in accordance with subparagraph (5)(b)4. of this rule, if the board files a petition for recall arbitration.

(g) After adjournment of the meeting to recall one or more members of the board of administration:

1. Any rescission of an individual member’s vote or any additional votes received in regard to the recall shall be ineffective.

2. Where the board determines not to certify the recall of a director and that director resigns, any appointment to fill the resulting vacancy shall be temporary pending the arbitration decision.

(4) Substantial compliance with the provisions of subsections (1), (2) and (3) of this rule shall be required for the effective recall of one or more directors of the board.

(5) Board Meeting Concerning a Recall at a Meeting of the Members; Filling Vacancies. The board shall properly notice the board meeting at which it will determine whether to certify (i.e., to validate or accept) the recall of one or more directors at a members’ meeting. It shall be presumed that recall of one or more directors at a members’ meeting shall not, in and of itself, constitute grounds for an emergency meeting of the board, if the board has been provided notice of the recall meeting as provided in subparagraph (2)(b)7. of this rule.

(a) Certified Recall. If the recall of one or more directors by vote at a members’ meeting is certified by the board, the recall shall be effective upon certification, and the following provisions apply:

1. Each recalled director shall return to the board all association records in his or her possession within five full business days after adjournment of the board meeting at which the recall was certified.

2. If less than a majority of the existing board is recalled in a certified recall, a vacancy or vacancies on the board may be filled by the affirmative vote of a majority of the remaining board members, subject to the provisions of Section 723.078(2)(i), F.S., regardless of whether the authority to fill vacancies in this manner is provided in the governing documents. No recalled director shall be appointed by the board to fill any vacancy on the board. A director appointed pursuant to this rule shall fill the vacancy for the unexpired term of the seat being filled. If the board determines not to fill vacancies by vote of the remaining directors or if it is unable to fill vacancies in this manner (e.g., if there is a tie vote on the proposed replacement director, if a quorum is not obtained, or otherwise), the board may, in its discretion, call and hold an election in the manner provided by Section 723.078(2)(d), F.S., in which case any person elected shall fill the entire remaining term.

3. If a majority or more of the board is recalled in a certified recall, those replacement directors elected at the recall meeting shall take office upon adjournment of the board meeting at which it was determined to certify the recall. A director who is elected to fill a vacancy caused by recall shall fill the vacancy for the unexpired term of the seat being filled.

(b) Non-certification of Recall by the Board. If the board votes for any reason not to certify the recall of one or more directors at a meeting of the members, the following provisions apply:

1. The board shall, subject to the provisions of these rules, file a petition for arbitration with the division (i.e., be received by the division) within five full business days after adjournment of the board meeting at which the board determined not to certify the recall of one or more directors.

2. Any director sought to be recalled shall, unless he or she resigns, continue to serve on the board until a final order regarding the validity of the recall is mailed by the arbitrator.

3. If the arbitrator certifies the recall of less than a majority of the board, the remaining directors may fill the vacancy or vacancies as provided in subparagraph (5)(a)2. of this rule.

4. If the arbitrator certifies the recall of a majority or more of the board, the term of office of those replacement directors elected at the recall meeting shall become effective upon mailing of the final order of arbitration. The term of office of replacement directors elected at the recall meeting shall expire in accordance with the provisions of subparagraph (5)(a)3. of this rule.

(6) Failure to Duly Notice and Hold a Board Meeting. If the board fails to duly notice and hold a meeting to determine whether to certify the recall within five full business days of the adjournment of the members’ recall meeting, the following shall apply:

(a) The recall shall be deemed effective immediately upon expiration of the last day of five full business days after adjournment of the members’ recall meeting.

(b) If a majority of the board is recalled, replacement directors elected at the members’ meeting shall take office immediately upon expiration of the last day of five full business days after adjournment of the members’ recall meeting, in the manner specified in this rule.

History

• Rulemaking Authority 723.1255., 723.006(7), 723.078(2)(i) FS. Law Implemented 723.078(2)(i) FS. History–New 2-24-16.

Fla. Admin. Code R. 61B-33.003 Recall by Written Agreement of the Voting Interests; Board Certification; Filling Vacancies

(1) Form of Written Agreement. All written agreements used for the purpose of recalling one or more directors of a homeowners’ association created pursuant to Section 723.075, F.S., shall:

(a) List by name each director sought to be recalled;

(b) Provide spaces by the name of each director sought to be recalled so that the person executing the agreement may indicate whether that individual director should be recalled or retained;

(c) List, in the form of a ballot, at least as many eligible persons who are willing to be candidates for replacement directors as there are directors subject to recall, in those cases where a majority or more of the board is sought to be recalled. Candidates for replacement directors shall not be listed when a minority of the board is sought to be recalled, as the remaining board may appoint replacements. A space shall be provided by the name of each candidate so that the person executing the agreement may vote for as many replacement candidates as there are directors sought to be recalled. A space shall be provided and designated for write-in votes. The failure to comply with the requirements of this subsection shall not effect the validity of the recall of a director or directors;

(d) Provide a space for the person signing the written agreement to state his or her name, identify his mobile home lot number, and indicate the date the written agreement is signed;

(e) Provide a signature line for the person executing the written agreement to affirm that he or she is authorized in the manner required by the governing documents to cast the vote for that mobile home lot; and,

(f) Designate a representative who shall open the written agreements, tally the votes, serve copies on the board and, in the event the board does not certify the recall by written agreement and files a petition for arbitration, receive pleadings (e.g., copies of a petition for recall arbitration, motions), notices, or other papers on behalf of the persons executing the written agreement.

(2) The written agreement or a copy shall be served on the board by certified mail or by personal service. Service on the board after 5:00 p.m. on a business day or on a Saturday, Sunday or legal holiday, as prescribed by Section 110.117, F.S., shall be deemed effective as of the next business day that is not a Saturday, Sunday, or legal holiday. Service of the written agreement on an officer, association manager, director, or the association’s registered agent will be deemed effective service on the association. Service upon an attorney who has represented the association in other legal matters will not be effective on the association unless that attorney is a director, the association’s registered agent, or has otherwise been retained by the association to represent it in the recall proceeding. Personal service shall be effected in the manner authorized in Chapter 48, F.S., and the Florida Rules of Civil Procedure.

(3) Substantial compliance with the provisions of subsections (1) through (2) of this rule shall be required for an effective recall of a director or directors.

(4) Written recall ballots in a recall by written agreement may be reused in one subsequent recall effort. A written recall ballot expires 120 days after it is signed by a member. Written recall ballots become void with respect to the director sought to be recalled where that director is elected during a regularly scheduled election.

(5) Written recall ballots may be executed by an individual holding a power of attorney or limited or general proxy given by the member(s) of record.

(6) Any rescission or revocation of a member’s written recall ballot or agreement must be done in writing and must be delivered to the board prior to the board being served the written recall agreements.

(7) Board Meeting Concerning a Recall by Written Agreement; Filling Vacancies. The board shall hold a duly noticed meeting of the board to determine whether to certify (i.e., to validate or accept) the recall by written agreement within five full business days after service of the written agreement upon the board. It shall be presumed that service of a written agreement to recall one or more directors shall not, in and of itself, constitute grounds for an emergency meeting of the board to determine whether to certify the recall.

(a) Certified Recall. If the board votes to certify the written agreement to recall, the recall shall be effective upon certification, and the following provisions apply:

1. Each recalled director shall return to the board all association records in his or her possession within five full business days after adjournment of the board meeting at which the recall was certified.

2. If less than a majority of the existing board is recalled in a certified recall, a vacancy or vacancies on the board may be filled by the affirmative vote of a majority of the remaining directors, subject to the provisions of Section 723.078(2)(i), F.S., regardless of whether the authority to fill vacancies in this manner is provided in the governing documents. No recalled director shall be appointed by the board to fill any vacancy on the board. A director appointed pursuant to this rule shall fill the vacancy for the unexpired term of the seat being filled. If the board determines not to fill vacancies by vote of the remaining directors or if it is unable to fill vacancies in this manner (e.g., if there is a tie vote on the proposed replacement director, if a quorum is not obtained, or otherwise) the board may, in its discretion, call and hold an election in the manner provided by Section 723.078(2)(d), F.S., in which case any person elected shall fill the entire remaining term.

3. If a majority or more of the board is recalled in a certified recall, those replacement directors elected by the written agreement pursuant to the procedure referenced in paragraph (1)(c) of this rule shall take office upon adjournment of the board meeting at which it was determined to certify the recall. A director who is elected to fill a vacancy caused by recall shall fill the vacancy for the unexpired term of the seat being filled.

(b) Non-certification of Recall by the Board. If the board votes not to certify the written agreement to recall for any reason, the following provisions apply:

1. The board shall, consistent with the provisions of Chapter 61B-50, F.A.C., file a petition for arbitration with the division (i.e., be received by the division) within five full business days after adjournment of the board meeting at which the board determined not to certify the written agreement to recall.

2. Any director sought to be recalled shall, unless he or she resigns, continue to serve on the board until a final order regarding the validity of the recall is mailed by the arbitrator.

3. If the arbitrator certifies the recall of less than a majority of the board, the remaining directors may fill the vacancy or vacancies as provided in subparagraph (3)(a)2. of this rule.

4. If the arbitrator certifies the recall of a majority or more of the board, the term of office of those replacement board members elected by written agreement of the voting interests shall become effective upon mailing of the final order of arbitration. The term of office of those replacement directors elected by written agreement of the voting interests shall expire in accordance with the provisions of subparagraph (3)(a)3. of this rule.

5. A majority of the total voting interests entitled to vote in favor of recall is sufficient to recall a director, regardless of any provision to the contrary in the governing documents.

6. The failure of the association to enforce a voting certificate requirement in past association elections and member votes shall preclude the association from rejecting a written recall ballot or agreement for failing to comply with a voting certificate requirement.

(8) Board Meeting Minutes. The minutes of the board meeting at which the board determines whether to certify the recall are an official record of the association and shall record the following information:

(a) A majority of the total voting interests entitled to vote in favor of recall is sufficient to recall a director, regardless of any provision to the contrary in the governing documents;

(b) The failure of the association to enforce a voting certificate requirement in past association elections and member votes shall preclude the association from rejecting a written recall ballot or agreement for failing to comply with a voting certificate requirement;

(c) The date and time the board meeting is called to order and adjourned;

(d) Whether the recall is certified by the board;

(e) The manner in which any vacancy on the board occurring as a result of recall will be filled, if the recall is certified; and,

(f) If the recall was not certified, the specific reasons it was not certified.

(9) After service of a written agreement on the board:

(a) Any written rescission of an individual member vote or any additional votes received in regard to the recall shall be ineffective.

(b) Where the board determines not to certify the recall of a director and that director resigns, any appointment to fill the resulting vacancy shall be temporary pending the arbitration decision.

(10) Taking Office. When a majority or more of the board is recalled by written agreement, replacement directors shall take office:

(a) Upon the expiration of five full business days after service of the written agreement on the board, if the board fails to hold its board meeting to determine whether to certify the recall within five full business days after service of the written agreement;

(b) Upon the expiration of five full business days after adjournment of the board meeting to determine whether to certify the recall, if the board fails to certify the recall and fails to file a petition for arbitration;

(c) Upon certification of the recall by the board; or

(d) Upon certification of the recall by the arbitrator, in accordance with subparagraph (3)(b)4. of this rule, if the board files a petition for recall arbitration.

(11) Failure to Duly Notice and Hold a Board Meeting. If the board fails to duly notice and hold a meeting to determine whether to certify the recall within five full business days of service of the written agreement, the following shall apply:

(a) The recall shall be deemed effective immediately upon expiration of the last day of the five full business days after service of the written agreement on the board.

(b) If a majority of the board is recalled, replacement directors elected by the written agreement shall take office upon expiration of five full business days after service of the written agreement on the board in the manner specified in this rule.

(c) If the entire board is recalled, each recalled director shall immediately return to the replacement board all association records in his or her possession. If less than the entire board is recalled, each recalled director shall immediately return to the board all association records in his or her possession.

(12) The written agreement shall become an official record of the association upon service upon the board.

History

• Rulemaking Authority 723.1255., 723.006(7), 723.078(2)(i) FS. Law Implemented 723.078(2)(i) FS. History–New 2-24-16.

Fla. Admin. Code R. 61B-33.004 Operation of the Homeowners’ Association

Excluding meetings between the board of directors or its appointed homeowners’ committee and the park owner, any member of the homeowners’ association may tape record or videotape meetings of the board of directors of the homeowners’ association and its committees, subject to the following:

(1) Mobile home owners are authorized to utilize at any such meeting audio and video equipment and devices which do not produce distracting sound or light emissions.

(2) If adopted in advance by the board or mobile home owners as a written rule, advance notice must be given to the board by any mobile home owner desiring to utilize any audio or video recording equipment at a meeting.

(3) If adopted in advance by the board or mobile home owners as a written rule, audio and video equipment must be assembled and placed in position in advance of the commencement of the meeting.

(4) If adopted in advance by the board or mobile home owners as a written rule, anyone using audio or video recording equipment at a meeting is not permitted to move about the meeting room in order to facilitate the recording.

History

• Rulemaking Authority 723.078(2)(c)4. FS. Law Implemented 723.078(2)(c)4. FS. History–New 7-10-16.

Chapter 61B-35 MOBILE HOME MINOR VIOLATIONS

Fla. Admin. Code R. 61B-35.001 Purpose and Effect

History

• Rulemaking Authority 723.006(9) FS. Law Implemented 723.006 FS. History–New 12-3-98, Repealed 7-14-19.

Fla. Admin. Code R. 61B-35.002 Minor Violations Categories

(1) Pursuant to section 723.006, F.S., the following items are designated as minor violations of chapter 723, F.S.:

(a) Failure to provide a prospectus to a mobile home owner that incorporates the 1988 legislative amendments to the prospectus pursuant to section 723.011, F.S.

(b) Failure to file copies of advertising required by section 723.016(1), F.S.

(c) Failure to post park rules and regulations required by section 723.035(1), F.S.

(d) Failure to file copies of lot rental increases with the agency required by section 723.037(3), F.S.

(e) Failure to meet to discuss a notice of change as required by section 723.037(4), F.S., if there is mutual written agreement between the homeowners’ committee and the park owner to meet at a time beyond the 30-day requirement, if a meeting is requested by either party.

(f) Failure to file rule changes with the division no later than 10 days after the effective date of the changes as provided in the notice of rules change.

(2) The listing of a violation as minor violation in this section does not preclude the division from finding that any other violation of chapter 723, F.S., or of the rules adopted thereunder is a minor violation as provided by section 723.006, F.S. The listing of a violation as a minor violation in this section does not create any presumption that any other violation of chapter 723, F.S., or of the rules adopted thereunder, is or is not a minor violation.

History

• Rulemaking Authority 723.006(9) FS. Law Implemented 723.006 FS. History–New 12-3-98.

Fla. Admin. Code R. 61B-35.003 Enforcement of Minor Violations

For statutory or rule violations determined to be minor in rule 61B-35.002, F.A.C., the division will take the following approach:

(1) If the division has reasonable cause to believe that a violation may have occurred, a Warning Letter will be sent to the alleged violator. The Warning Letter will give the alleged violator forty-five (45) days from the postmark date of the letter in which to address, correct, or dispute the violation. In its Warning Letter, the division shall recommend that the alleged violator review other mobile home parks owned by the alleged violator, if any, to determine whether a similar violation exists. To avoid any civil penalties in these other mobile home parks, the alleged violator must initiate corrective or mitigative action in response to the initial Warning Letter in those other mobile home parks. The corrective or mitigative action must be completed within 90 days of the postmark of the Warning Letter. The Warning Letter will identify the alleged violation stating the relevant facts supporting the alleged violation, and provide a contact telephone number and an investigator’s name so that the alleged violator may contact the division for information in obtaining compliance. However, it is solely the responsibility of the alleged violator to take action to achieve statutory or rule compliance and to provide proof of such compliance to the division. The division shall only issue a Warning Letter if the alleged violator has no prior Warning Letter, Notice to Show Cause, Final Order or Consent Order for the same violation. The Warning Letter shall not be considered final agency action. The agency will advise the complainant of the resolution of the complaint.

(2) If, as a result of the Warning Letter, the alleged violator corrects the statutory or rule violation within the 45-day time period referenced in subsection (1) above, no civil penalty shall be assessed for the violation.

(3) If the alleged violator fails to correct the minor statutory or rule violation within the time period specified in subsection (1) above, or if an alleged violator commits repeated violations of the same statutory or rule provisions, a civil penalty may be assessed of up to $250.00 per violation. For purposes of this rule, the prior issuance of a Warning Letter shall not be considered evidence of a prior rule or statutory violation.

History

• Rulemaking Authority 723.006(9) FS. Law Implemented 723.006 FS. History–New 12-3-98.

Fla. Admin. Code R. 61B-35.004 Suggested Notice Forms

(1) The division adopts the forms below as suggested forms for use by park owners and operators.

(a) “90-Day Notice of Lot Rental Amount Increase,” DBPR Form MH 6000-8, incorporated herein by reference and effective 12-3-98;

(b) “90-Day Notice of Reduction in Services or Utilities,” DBPR Form MH 6000-9, incorporated herein by reference and effective 12-3-98;

(c) “90-Day Notice of Proposed Rules Change,” DBPR Form MH 6000-10, incorporated herein by reference and effective 12-3-98; and

(d) “Notice of Increase in Lot Rental Amount Due to Pass-Through Charge,” DBPR Form MH 6000-11, incorporated herein by reference and effective 12-3-98.

(2) All forms referenced in these rules may be obtained by writing to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

(3) A timely notice to the affected homeowners and the board of directors, if one has been formed, of a lot rental amount increase, reduction in services or utilities, proposed change in rules and regulations or increase in lot rental amount due to a pass-through charge using the forms as set forth above shall be considered to be in compliance with the requirements addressing the form of notice in sections 723.037(1), (2) and 723.046, F.S.

(4) It shall not be a violation for a park owner to fail to use the suggested forms noted in subsection (1), above, and set forth in this rule as long as the information required by section 723.037, F.S., is included in the notice actually given.

History

• Rulemaking Authority 723.006(9) FS. Law Implemented 723.006 FS. History–New 12-3-98.

Chapter 61B-37 TIME-SHARE PLANS

Fla. Admin. Code R. 61B-37.001 Definitions

For purposes of Sections 721.075, 721.11 and 721.111, Florida Statutes, and these rules, the following definitions apply:

(1) “Additional material” means any material except material whose primary effect is to create a new prize and gift promotional offer, substantially different from a previously filed offer, or to extend the expiration date of a previously filed offer more than three years beyond its original approval date.

(2) “Aggregate represented value” or “represented value” means a numerical value or percentage greater than zero for which supporting documentation has been furnished to the division prior to any offering of the incidental benefit.

(3) “Days” shall be calculated in the manner specified in Chapter 61B-39, F.A.C.

(4) “Filed with the division” means that written materials, including facsimile and electronic filing, if appropriate, have been received by the division in the Tallahassee, Florida office and the date of receipt shall constitute the date of filing.

(5) “Item” means a timeshare interest, a gift or prize premium, a product or service, or all of the above, as the context requires.

(6) “Lodging Certificates” means any promotion, arrangement, plan, scheme or other device, whether evidenced by contract, certificate, license, membership agreement, security, use agreement or otherwise, whereby a prospective timeshare purchaser is offered complimentary or discounted accommodations or facilities at any hotel, motel, campground, timeshare resort or other similar establishment regardless of where located, except that lodging certificates shall not mean the offering of the complimentary or discounted use of accommodations or facilities at a timeshare project by a developer, seller or promotional entity in connection with the offer for sale of a timeshare interest at such resort.

(7) “Promotional Entity” means the developer or seller of a time-share period, or any officer, agent or employer of such developer or seller, or any business entity of whatever nature which has entered into a contractual relationship with such developer or seller, which person or entity is responsible to such developer or seller for overseeing, administering or operating a prize and gift promotional offer.

(8) “26 prizes” means that the sum total of all individual prizes offered plus the quantity of individual prizes offered plus all of the distinguishing features thereof, including types, categories, sizes, and parts, shall not exceed twenty-six.

(9) “Vacation Certificates” means lodging certificates which include complimentary or discounted transportation, meals or other material benefits in addition to the mere use of accommodations and common motel, hotel, or campground facilities.

(10) “Verifiable Retail Value” means either the price charged by a national or regional retailer for an identical or substantially similar item or an amount equal to no more than twice the cost of the item to the promotional entity. The verifiable retail value of coupon or discount books shall be the maximum amount of savings to the prospective purchaser assuming that all of the coupons or discounts are actually used.

History

• Specific Authority 721.26(6) FS. Law Implemented 721.075, 721.11, 721.111 FS. History–New 1-1-85, Formerly 7D-37.01, 7D-37.001, Amended 8-24-94, 2-15-00, 12-18-01, 4-16-03.

Fla. Admin. Code R. 61B-37.002 Advertising Material

(1) In evaluating whether oral statements or advertising material, including prize and gift promotional offers, violate the terms of Section 721.11(4), Florida Statutes, the Division shall consider both explicit representations and reasonable inferences created by such materials or statements. To determine whether representations are misleading, the Division shall review the advertising materials in their totality.

(2) The developer of the timeshare plan must file all advertising material with the division, including prize and gift promotional offers, prior to use, and shall accompany such filing with DBPR Form TS 6000-12, Filing Statement for Advertising Material, incorporated herein and effective12-18-01, a copy of which may be obtained at the address reference in subsection 61B-39.002(4), F.A.C. At the request of the developer, the division shall review the advertising material and notify the developer of any deficiencies within 10 days after the filing advising the developer of specific deficiencies in the advertising material that must be corrected. Where additional or corrected material is submitted to modify previously filed advertising material, including advertising submitted in response to a deficiency notice from the division, such material must be filed with the division prior to use of the modified advertising material.

(3) Notwithstanding the provisions of subsection (2), a developer may use a piece of advertising material prior to filing that merely corrects material previously filed with the division if the correction is unrelated to any deficiency letter issued by the division. A piece of advertising material corrects previously filed material when it only cures typographical or printing errors that do not change the meaning of the previously filed material. Such material shall be filed with the division at the time of use.

History

• Specific Authority 721.11, 721.111, 721.26(6) FS. Law Implemented 721.11(4) FS. History–New 1-1-85, Formerly 7D-37.02, 7D-37.002, Amended 8-24-94, 2-13-97, 2-15-00, 12-18-01.

Fla. Admin. Code R. 61B-37.004 Prize and Gift Promotional Offers

(1) Contents of Filing. In addition to the general filing requirements of Sections 721.11 and 721.111(4), Florida Statutes, and other applicable Chapter 61B-37, F.A.C., rules, each filing with the division of a prize and gift promotional offer shall comply with the following specific requirements:

(a) In instances where a manufacturer’s suggested retail price must be disclosed, this figure shall be evidenced by a letter from the manufacturer of the item stating its suggested retail price or by the manufacturer’s printed price list. Where disclosure of a verifiable retail value is required, this value may be evidenced by providing the division with a page from a national or a regional retail catalog depicting the item, or a comparable item, properly used as a reference of retail value or by providing the division with copies of the actual purchase and invoice agreements governing the purchase of the item.

(b) In disclosing the terms and conditions and other information concerning the use of lodging or vacation certificates, and in providing reasonable assurances that the obligations thereunder will be met, the developer shall include the following information:

1. The name and address of the business entity or entities creating and distributing the lodging or vacation certificates;

2. A copy of the lodging or vacation certificate;

3. The name and location of the resort, hotel, motel, time-share project or other entity providing benefits under the vacation or lodging certificate.

4. A letter to the division from the developer verifying that a bona fide agreement exists, between the certificate supplier and the developer.

(2) Filing fees. Each developer shall provide the division with a separate filing and filing fee for each prize and gift promotional offer as specified in Section 721.111(4), (6), Florida Statutes. Notwithstanding the above, a developer may, without paying an additional filing fee, file a prize and gift promotional offer which merely corrects an offer previously filed with the division. A prize and gift promotional offer corrects a previously filed offer when it only cures typographical or printing errors that do not change the meaning of the previously filed offer.

(3) Advertising disclosures.

(a) In describing the prize, gift or other item that a prospective purchaser will receive, advertising material shall describe, where applicable, the item’s dimensions, material and construction, volume, warranties, guarantees, brand name, and method of operation.

(b) In describing vacation or lodging certificates, the advertising material shall fairly disclose, where applicable:

1. The location and a fair accurate description of the lodging facility. If proximity to any area attraction is mentioned, the distance of the attraction from the lodging facility shall be fairly described.

2. The number of days and nights lodging offered;

3. The number of persons included without additional charges;

4. Whether a sales presentation is required to validate the certificate;

5. The expiration date of the certificate;

6. The existence and amount of any charges to the recipient.

7. Whether the recipients must use a credit card to make their reservations.

(c) In disclosing the rules, terms, requirements, and preconditions governing the use of a vacation or lodging certificate, the certificate shall contain a section labeled “Terms and Conditions,” or language of similar import, which shall include the following:

1. Any eligibility requirements such as age, employment, residency, or marital status;

2. Any expiration date; and

3. Any additional charges.

(4) Unavailability of accommodations under the vacation or lodging certificates. Where, through no fault of the developer of the time-share plan, any entity which is to provide lodging or other services under the vacation or lodging certificate fails to do so, the developer must offer recipients of such certificates the choice of receiving either a refund of any monies paid therefor or pursuant thereto, or of receiving comparable lodging and services subject to the same terms and conditions as specified in the vacation or lodging certificate. After the provider of the lodging or other services fails to honor the terms of the vacation or lodging certificate, the developer shall immediately cease distribution of any vacation or lodging certificates offering lodging or services at the unavailable facility.

History

• Specific Authority 721.26(6) FS. Law Implemented 721.11, 721.111 FS. History–New 1-1-85, Formerly 7D-37.04, 7D-37.004, Amended 8-24-94, 2-15-00.

Chapter 61B-39 FILING REQUIREMENTS FOR PUBLIC OFFERING STATEMENTS

Fla. Admin. Code R. 61B-39.001 Definitions

For purposes of Sections 721.07, 721.55, and 721.551, F.S., and these rules, the following definitions apply:

(1) “Alternative media” means any visually or audibly perceptible and legible display format which may require the use of a device or a machine to be viewed, including CD-ROM, microfilm, electronically transferred data, computer disk, computer or electronic memory, cassette tape, compact disk or video tape.

(2) “Any change to an approved filing” for purposes of Section 721.07(3)(a)1., F.S., means any actual or physical fact or circumstance which would render any part of the approved registered POS false or misleading, whether or not such fact or circumstance was within the developer’s control.

(3) “Approved Amendment” for purposes of Section 721.07(3)(a)2., F.S., is an amendment, approved by the division, to that portion of the registered POS that constitutes the purchaser POS required to be delivered to an individual purchaser pursuant to Section 721.07(6) or 721.551, F.S., and these rules.

(4) “Approved by the division” for purposes of Chapter 61B-39, F.A.C., means that the division has approved the filing or amendment pursuant to Section 721.07, F.S.

(5) “Business days” for purposes of these rules means every day that is not a Saturday, Sunday, or holiday for employees of the State of Florida.

(6) “Days” shall be calculated in the following manner: The day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday.

(7) “Filed with the division” means that written materials have been received by the division in the Tallahassee, Florida, office and the date of receipt shall constitute the date of filing.

(8) “Initial purchase price” means the price of the timeshare period not including title insurance, maintenance fees, exchange company management fees, costs of recordation, documentary stamp fees, or other similar costs.

(9) “Notify,” for purposes of Sections 721.06(1)(g) and 721.065(2)(c), F.S., shall mean that a written notice of cancellation is delivered, by any means which may include certified mail return receipt requested, to the entity designated to receive the notice of cancellation in the statement required by Sections 721.06(1)(g) or 721.065(2)(c), F.S.

(10) “Other required parties” means the timeshare purchasers, managing entity, the board of directors of the owners’ association, or similar person or entity.

(11) “POS” means the public offering statement, as defined in Chapter 721, F.S. The terms “public offering statement” and “POS” shall refer to both a registered POS and a purchaser POS, unless these rules or the context requires otherwise.

(12) “Receipt” or “received” for purposes of Sections 721.07(2), 721.07(3), and 721.55, F.S., means that an original hard copy has been physically received by the division in the format required by these rules. No other form of submission shall be considered received for purposes of these rules. A date-stamp shall be evidence of receipt.

(13) “Single-site” or “single-site timeshare plan” means a timeshare plan, as defined in Section 721.05, F.S., that is not subject to the requirements of Sections 721.55 or 721.551, F.S.

(14) “Specified deficiencies” means deficiencies which have been specified by reference to the statutory section or subsection violated, but the term does not require a reference to the paragraph or language of the statute violated or the means or language by which the statutory deficiency may be corrected.

(15) “Substantially complied” as used in Sections 721.07(5)(gg) and 721.55(5), F.S., means that:

(a) The information required in Section 721.07 or 721.55(5), F.S., or these rules if applicable, has been filed with the division;

(b) The information has been filed in the format required in these rules if applicable; and

(c) The purchasers have been furnished a purchaser POS pursuant to Section 721.07(6) or 721.551, F.S., and these rules.

History

• Rulemaking Authority 721.26(6) FS. Law Implemented 721.07, 721.55, 721.551 FS. History–New 5-8-94, Amended 6-12-96, 3-23-97, 12-18-01.

Fla. Admin. Code R. 61B-39.002 Public Offering Statement and Purchase Agreement Requirements

(1) Each registered public offering statement shall:

(a) Be paginated numerically in consecutive order within each tabbed section;

(b) Wherever possible, be printed on both sides of each page in 10-point size and on 8 1/2'' × 11'' paper;

(c) Be securely bound along the left margin, fastened between firm removable covers, and submitted in an expandable file folder;

(d) Contain a divider with a labeled tab between each prescribed portion of the POS corresponding to BPR Form 503, Table of Contents to Multisite Public Offering Statement, effective 6-12-96, or DBPR Form 6000-9, Table of Contents to Single-Site/ Component Site Public Offering Statement, effective 12-18-01, both incorporated herein by reference a copy of which may be obtained at the address referenced in subsection 61B-39.002(4), F.A.C.; and

(e) Not contain conspicuous type except where required by statute or rule, or as permitted by the division pursuant to Section 721.07(5)(gg), F.S.

(2) All POS disclosures required to be in conspicuous type pursuant to statute or rule shall be made in bold font.

(3) The registered POS shall be submitted to the division in the English language and any reference, in an approval letter of the division, to the documents comprising the registered POS shall be to such documents in the English language. A developer may use non-English versions of the filed documents if: (i) any such document is an accurate translation of the English version that has been approved by the division, and (ii) the developer has identified each translated document in a completed, executed statement using the form prescribed in BPR form 511, Statement of Translation, incorporated herein by reference and effective 3-23-97, a copy of which may be obtained at the address referenced in subsection 61B-39.002(4), F.A.C. Upon request by the division, a developer shall promptly deliver to the division a copy of any translated document that has been or is being used in an offering.

(4) Where brackets [ ] appear on the forms referenced in these rules, the words or symbols between the brackets are intended to solicit any applicable information relevant to the developer. Copies of the forms referenced in these rules may be obtained by writing: Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

(5) Approval by the division of a POS shall not be promoted to the public as an endorsement by the division of the developer or the timeshare plan or be used to induce the purchase of an interest in a timeshare plan.

(6) Within 30 days after recording any timeshare instrument, the developer shall provide the division with a copy of the recorded instrument.

(7) The division shall notify a developer within the first ten business days of the statutory review period prescribed in Sections 721.07(2)(a) and 721.07(3)(a)1., F.S., if a POS submitted to the division for review is not in the format required by these rules.

(8) The substance of the definition of the term “notify” as defined in Rule 61B-39.001, F.A.C., shall be disclosed in the purchase agreement executed by a purchaser immediately following the space in the contract reserved for the signature of the purchaser, disclosed as a footnote to the disclosure required by Section 721.06(1)(g) or 721.065(2)(c), F.S.

(9) A developer of a multisite timeshare plan may combine the Receipt for Multisite Timeshare Documents for which a form is provided in Rule 61B-39.005, F.A.C., and the Receipt for Single-Site/Component Site Timeshare Documents for which a form is provided in Rule 61B-39.003, F.A.C., into a single Receipt for Timeshare Documents with respect to any one component site, provided that such developer follows the general format provided in the aforementioned forms and the resulting single form is approved by the division.

(10) It shall be a violation of Chapter 721, F.S., for any person to interfere with the delivery of a notice of cancellation by a purchaser.

History

• Rulemaking Authority 721.07, 721.26(6), 721.55, 721.551 FS. Law Implemented 721.03, 721.03(1)(c)3., 721.06, 721.065, 721.55, 721.551 FS. History–New 6-12-96, Amended 3-23-97, 12-18-01.

Fla. Admin. Code R. 61B-39.003 Filing of Single-Site Timeshare Plans

(1) Each developer of a single-site timeshare plan shall file a single-site registered POS with the division pursuant to Section 721.07(5), F.S., and these rules. The single-site registered POS shall:

(a) Include all of the information and disclosures required in Section 721.07(5), F.S.;

(b) Follow the filing format and forms prescribed in this rule; and

(c) Disclose any additional information prescribed in this rule.

(2) Every single-site registered POS must organize the required information and disclosures in the following manner and format:

(a) The first page shall be the cover page and shall contain the disclosures required in Section 721.07(5)(a), F.S.;

(b) The next consecutive page(s) shall be the table of contents and shall list the POS text and exhibits of the POS by “Exhibit #”, pursuant to Section 721.07(5)(c), F.S., as prescribed in DBPR Form TS 6000-9, Table of Contents to Single-Site/ Component Site Public Offering Statement, referenced in Rule 61B-39.002, F.A.C. If any required exhibit is not applicable to a particular POS, the table of contents shall contain a notation to that effect where such exhibit would otherwise be described in the table of contents. However, such notations shall not cause a POS to deviate from either the order or numbering of presentation as prescribed in this rule;

(c) The next consecutive page(s) shall be the index and shall list the sections of the POS text with corresponding subject matter and page number, pursuant to Section 721.07(5)(c), F.S., as prescribed in DBPR Form TS 6000-10, Index to Single-Site/Component Site Public Offering Statement Text, incorporated by reference and effective 12-18-01, a copy of which may be obtained at the address referenced in subsection 61B-39.002(4), F.A.C. If any required information or disclosure is not applicable to a particular POS, the index shall contain a notation to that effect where such information or disclosure would otherwise be described in the index. However, such notations shall not cause a POS to deviate from either the order or numbering of presentation as prescribed in this rule;

(d) The next consecutive page(s) shall be labeled “I. Definitions and Abbreviations” and shall list and define alphabetically any terms of art or abbreviations to be used. The terms and abbreviations used in the POS text shall be consistent with statutorily defined terms and shall not create ambiguity as to statutorily defined terms;

(e) The next consecutive page(s) shall be labeled “II. Required Disclosures” and shall contain any conspicuous type disclosures required by Chapter 721 or Chapter 718, F.S., as applicable, and contained in exhibits that will be provided to purchasers in the purchaser POS;

(f) The next consecutive page(s), if applicable, shall be labeled “IIA. Developer Disclosures” and shall contain all of the disclosures that the developer wishes to appear in a font or type size or style different than the font or type that is used in the overall POS text. For developer disclosures, the developer shall not use a font or type that is larger than the font or type used for conspicuous type disclosures.

(g) The next consecutive pages shall be labeled “III. Public Offering Statement Text” and shall contain the subject matter indicated by, and be organized by section according to, the Index to Public Offering Statement Text, and contain the information and disclosures required in Sections 721.07(5)(e)-(ii), 721.55, F.S., in the following order:

1. Section 1.a. shall contain the information required in Sections 721.07(5)(e)1. and (e)2., F.S. In addition, Section 1.a. shall contain an itemization of the timeshare periods being offered by a successor or concurrent developer, specified by reference to unit and week numbers.

2. Section 1.b. shall contain the information required in Section 721.07(5)(e)3., F.S.;

3. Section 2. shall contain the applicable disclosures and information required in Sections 721.07(5)(h)1., (h)2.a.-d., (h)3., and (h)4., F.S.;

4. Section 3. shall contain the information required in Section 721.07(5)(f)4., F.S.;

5. Section 4.a. shall contain the information required in Sections 721.07(5)(n), 721.07(5)(w), F.S.;

6. Section 4.b. shall contain the information required in Section 721.07(5)(k), F.S.;

7. Sections 5.a., 5.b., and 5.c. shall contain the information required in Sections 721.07(5)(f)1., (f)2., and (f)3., F.S., respectively;

a. Section 5.b. shall further contain the information required in Section 721.07(5)(q), F.S., including whether the addition of undisclosed phases will change the purchaser’s pro rata interest in the common elements or pro rata share of common expenses, and whether the purchaser has the right of consent to such changes; and

b. Section 5.c. shall further contain the information required in Sections 721.07(5)(g)1.-(g)3., 721.07(5)(i), F.S., as applicable;

8. Section 5.a.(1) shall contain the information required in Section 721.07(5)(r), F.S. If purchasers are not entitled to use specific timeshare periods the following additional information shall be disclosed:

a. Beginning and ending dates for the period during which a purchaser must make reservations; and

b. In conspicuous type, any contingencies resulting in a purchaser’s loss of occupancy rights including whether a purchaser is required to pay estimated, further assessments prior to obtaining the right to make a reservation;

9. Section 5.d. shall contain the information required in Section 721.07(5)(n), F.S.;

10. Section 5.e. shall contain the information required in Section 721.07(5)(aa), F.S.;

11. Section 5.f. shall contain the information required in Sections 721.07(5)(l) and (5)(s), F.S.;

12. Section 5.g. shall contain the information required in Section 721.07(5)(m), F.S.;

13. Section 5.h. shall contain the information required in Section 721.07(5)(o), F.S.;

14. Section 6. shall contain the information required in Section 721.07(5)(t), F.S.;

15. Section 7.a. shall contain the information required in Section 721.07(5)(z), F.S.;

16. Section 7.b. shall contain the information required in Sections 721.07(5)(u), (5)(v), (5)(x), and (5)(y), F.S.;

17. Section 7.c. shall contain the information required in Section 721.07(5)(j), (cc) and (dd), F.S. If the developer does not own the real property underlying any particular accommodation or facility, the developer shall disclose the extent to which such accommodation or facility will be available to purchasers, including an explanation of any limitations, risk, or restrictions on availability. This disclosure shall not relieve the developer from complying with the financial assurance or non-disturbance requirements of Chapter 721, F.S., or these rules, where applicable;

18. Section 7.d. shall contain the information required in Sections 721.07(5)(p)1. and (p)2. and (5)(ii), F.S.;

19. Section 8. shall contain the information required in Section 721.07(5)(bb), F.S.;

(h) The next consecutive page(s) shall contain the POS exhibits tabbed and labeled by “Exhibit #”, as previously listed pursuant to paragraph (2)(b) of this rule or required pursuant to Section 721.07(5), F.S., including:

1. An exhibit containing the form receipt for timeshare documents to be furnished to purchasers as prescribed in DBPR Form TS 6000-7, Receipt for Timeshare Documents, incorporated by reference and effective 12-18-01, a copy of which may be obtained at the address referenced in subsection 61B-39.002(4), F.A.C.; and

2. A description of exhibits that will not be provided to purchasers.

(3) The indexes and POS text may contain additional subsections which subdivide the required information in a more individualized fashion and may reference additional exhibits, numbered consecutively after the exhibits mandated in this rule.

(4) The single-site registered POS shall be accompanied by the following completed and executed forms and documents, where applicable:

(a) DBPR Form TS 6000-6, Single-Site/Component Site Timeshare Filing Statement, incorporated herein by reference and effective 12-18-01;

(b) DBPR Form TS 6000-8, Certificate of Identical Documents, incorporated by reference and effective 12-18-01, a copy of which may be obtained at the address referenced in subsection 61B-39.002(4), F.A.C.;

(c) A fully executed escrow agreement demonstrating that the developer has established an escrow account with an independent escrow agent pursuant to Section 721.08, F.S.;

(d) Pursuant to Section 721.07(5)(ee), F.S., other documents or information that the seller wishes to include in the POS; and

(e) The correct filing fee.

(5) A copy of the single-site purchaser POS, prescribed in Rule 61B-39.004, F.A.C., shall not be required to be filed with the division as a separate document or exhibit, unless requested by the division pursuant to Section 721.07(5)(gg), F.S.

(6) The developer of a single-site timeshare plan, filed with the division prior to June 14, 1995 or amended after June 14, 1995, shall not be required to amend the single-site POS after the effective date of this rule in order to reorder, rearrange, re-subdivide or renumber information or exhibits or to modify or amend the font or style of required conspicuous type disclosures. Notwithstanding the foregoing, all disclosures required to be in conspicuous type shall remain in conspicuous type.

History

• Rulemaking Authority 721.07(5), 721.26(6) FS. Law Implemented 721.05, 721.06(1)(g), 721.07(5), (6), 721.52(4), (5) FS. History–New 5-8-94, Amended 12-11-94, 6-12-96, 12-18-01, 12-10-09.

Fla. Admin. Code R. 61B-39.004 Delivery of Single-Site Purchaser Public Offering Statements

(1) Pursuant to Section 721.07(6), Florida Statutes, a developer of a single-site timeshare plan shall deliver to every purchaser of the single-site timeshare plan a single-site purchaser POS, which shall contain all of the following:

(a) A copy of the single-site registered public offering statement text as prescribed in Section 721.07(5), F.S., and Rule 61B-39.003, F.A.C.;

(b) A copy of the exhibits prescribed in Sections 721.07(5)(ff)1., 2., 4., 5., 8., and 16., F.S., as applicable. Pursuant to Section 721.07(6)(b) and Section 721.07(5)(ff)19., F.S., if the single-site is one created as a tenancy-in-common, the purchaser shall receive the document or documents creating the tenancy-in-common, including at a minimum a Declaration of Covenants, Conditions and Restrictions; and

(c) Any other exhibit that the developer has filed with the division pursuant to Section 721.07(5), F.S., and Rule 61B-39.003, F.A.C., which the developer is not required but elects to include in the purchaser POS pursuant to Section 721.07(6)(d), F.S.

(2) In addition to the single-site purchaser POS, the developer shall deliver to the purchaser a copy of any document that the purchaser signs, including a copy of the executed purchase agreement, a copy of the executed alternative media disclosure statement prescribed in subsection 61B-39.008(1), F.A.C., and a copy of the executed receipt for timeshare documents prepared in accordance with DBPR Form TS 6000-7, Receipt for Timeshare Documents, incorporated by reference in Rule 61B-39.003, F.A.C.

(3) Any document required to be an exhibit to the single-site purchaser POS pursuant to Section 721.07(6), F.S., and this rule is not required to include any underlying or supporting exhibits to such document.

(4) A developer shall deliver the single-site purchaser POS as prescribed in this rule in the same order as prescribed in Rule 61B-39.003, F.A.C., but may renumber the exhibits indicated on BPR Form 503, Table of Contents to Single-Site/Component Site Public Offering Statement, incorporated by reference in Rule 61B-39.002, F.A.C., to reflect only those exhibits that are being delivered to purchasers pursuant to Section 721.07(6), Florida Statutes. Accordingly, a developer may remove cross-reference in the purchaser POS text that refers to an exhibit that is not being delivered to the purchaser.

History

• Rulemaking Authority 721.07(6), 721.26(6) FS. Law Implemented 721.07(6) FS. History–New 6-12-96, Amended 12-18-01.

Fla. Admin. Code R. 61B-39.005 Filing of Multisite Timeshare Plans

(1) Each developer of a multisite timeshare plan pursuant to Section 721.07, F.S., shall file a multisite registered POS pursuant to Section 721.55, F.S., and these rules. The multisite registered POS shall:

(a) Include all of the information and disclosures required in Section 721.55, F.S.;

(b) Follow the filing format and forms prescribed in this rule; and

(c) Disclose any additional information prescribed in this rule.

(2) Every multisite registered POS must organize the required information and disclosures in the following manner and format:

(a) The first page shall be the cover page and shall contain the disclosures required in Section 721.55(1), F.S.;

(b) The next consecutive page(s) shall be the table of contents and shall list the sections of the POS by Exhibit #, pursuant to Section 721.55(3), F.S., as prescribed in BPR Form 503, Table of Contents to Multisite Public Offering Statement, incorporated by reference in Rule 61B-39.002, F.A.C. If any required exhibit is not applicable to a particular filing, the table of contents shall contain a notation to that effect where such exhibit would otherwise be described in the table of contents. However, such notations shall not cause a filing to deviate from either the numbering or order of presentation as prescribed in this rule;

(c) The next consecutive page(s) shall be the index and shall list the sections of the POS text with corresponding subject matter and page number, pursuant to Section 721.55(3), F.S., as prescribed in DBPR Form TS 6000-4, Index to Multisite Public Offering Statement Text, incorporated herein by reference and effective 12-18-01, a copy of which may be obtained at the address referenced in subsection 61B-39.002(4), F.A.C. If any required information or disclosure is not applicable to a particular filing, the index shall contain a notation to that effect where such information or disclosure would normally be described in the index. However, such notations shall not cause a filing to deviate from either the order or numbering of presentation as prescribed in this rule;

(d) The next consecutive page(s) shall be labeled “I. Definitions and Abbreviations” and shall list and define alphabetically any terms of art or abbreviations to be used in the multisite POS text or exhibits. The terms and abbreviations used in the multisite POS text shall be consistent with statutorily defined terms and shall not create ambiguity as to statutorily defined terms;

(e) The next consecutive page(s) shall be labeled “II. Required Disclosures” and shall contain any conspicuous type disclosures required by Chapter 721 or 718, F.S., as applicable, and contained in exhibits that will be provided to purchasers in the purchaser POS;

(f) The next consecutive page(s), if applicable, shall be labeled “IIA. Developer Disclosures” and shall contain the disclosures, as approved by the division, that the developer wishes to appear in a font or type size or style different than the font or type that is used in the overall multisite POS text. For developer disclosures, the developer shall not use a font or type that is larger than the font or type used for conspicuous type disclosures.

(g) The next consecutive pages shall be labeled “III. Public Offering Statement Text” and shall contain the subject matter indicated by, and be organized by section according to, the Index to Public Offering Statement Text, and contain the information and disclosures required in Section 721.55(4), F.S., in the following order:

1. Sections 1., 1.a., 1.b., 1.c., and 1.d. shall contain the information required in Section 721.55(4)(a), F.S.;

2. Sections 2., 2.a., 2.b., and 2.c. shall contain the information required in Section 721.55(4)(b), F.S.;

3. Sections 3., 3.a., 3.b., and 3.c. shall contain the information required in Sections 721.55(4)(c)1., (c)2., and (c)3., F.S.;

4. Section 4. shall contain the information and conspicuous type disclosure required in Section 721.07(4)(d), F.S.;

5. Section 5. shall contain the information required in Section 721.55(4)(e), F.S.;

6. Sections 6., 6.a., 6.b., 6.c., 6.d., and 6.e. shall contain the information and conspicuous type disclosure required in Sections 721.55(4)(f)1.a., (f)1.b., and (f)1.c., F.S.;

7. Sections 7., 7.a., 7.b., 7.c., 7.d., and 7.e. shall contain the information and conspicuous type disclosure required in Sections 721.55(4)(f)2.a. and (f)2.b., F.S.;

8. Sections 8., 8.a., 8.b., 8.c., and 8.d. shall contain the information and conspicuous type disclosure required in Sections 721.55(4)(f)3., F.S.;

9. Sections 9.a.(1)-a.(2) shall contain the information required in Section 721.55(4)(g)1., F.S.;

10. Sections 9.b.(1)-b.(3) shall contain the information required in Section 721.55(4)(g)2., F.S.;

11. Sections 10. and 10.a.-10.i. shall contain the information required in Section 721.55(4)(h)1.-7., F.S.;

12. Section 11. shall contain the information and conspicuous type disclosure required in Section 721.55(4)(I), F.S.;

13. Section 12. shall contain the conspicuous type disclosure required in Section 721.55(4)(j), F.S.;

14. Section 13. shall contain the information required in Section 721.55(4)(k), F.S.;

15. Sections 14.a.-14.d. shall contain the information required in Section 721.55(4)(l)1.-(l)5., F.S. In describing each component site, the developer shall be permitted to include pictures, photographs, illustrations, sketches or other pictorial representations of each component site; provided, however, that such representations comply with the requirements of Sections 721.553, and 721.26(5)(a)2., F.S.;

16. Section 15. shall contain the conspicuous type disclosure required in Section 721.55(8)(b), F.S., if applicable; and

17. Section 16. shall contain, if applicable, the information permitted pursuant to Section 721.55(5), F.S., unless the division requests that such information be placed in another section of the multisite POS to ensure fair, effective, and meaningful disclosure.

(h) The next consecutive page(s) shall contain the multisite POS exhibits tabbed and labeled by “Exhibit #”, as previously listed pursuant to paragraph (2)(b) of this rule or required pursuant to Sections 721.55(7)(a)-(7)(k) and 721.55(5), F.S., including:

1. An exhibit containing the form receipt for timeshare documents to be furnished to purchasers as prescribed in DBPR Form TS 6000-7, Receipt for Timeshare Documents, incorporated by reference in Rule 61B-39.003, F.A.C.;

2. A description of exhibits that will not be provided to purchasers; and

3. An exhibit (consecutively numbered if more than one) for each component site whose accommodations or facilities are either located in this state or with respect to which a timeshare estate or specific timeshare license is offered in this state, pursuant to Section 721.55(7)(l), F.S. Each such exhibit shall consist of the registered POS for each such component site with contents and format as required for a single-site filed POS pursuant to Section 721.07(5), F.S., and Rule 61B-39.003, F.A.C.

(3) The indexes and POS text may contain additional subsections which arrange or subdivide the required information in a more individualized fashion and may reference additional exhibits, numbered consecutively after the exhibits mandated in this rule.

(4) Except for the information required by Section 721.55(4)(l), F.S., the multisite POS text may contain cross-references to information contained in a single-site POS text, attached as an exhibit to the multisite POS text, in lieu of repeating such information in the multisite POS text.

(5) The multisite registered POS shall be accompanied by the following completed and executed forms and documents, where applicable:

(a) BPR Form 517, Multisite Timeshare Filing Statement, incorporated herein by reference and effective 6-12-96, a copy of which may be obtained at the address referenced in subsection 61B-39.002(4), F.A.C.;

(b) DBPR Form TS 6000-8, Certificate of Identical Documents, incorporated by reference in Rule 61B-39.003, F.A.C.;

(c) A fully executed escrow agreement demonstrating that the developer has established an escrow account with an independent escrow agent pursuant to Section 721.08, F.S.;

(d) Pursuant to Section 721.55(6), F.S., other documents or information that the seller wishes to include in the POS as approved by the division;

(e) An affidavit or other evidence pursuant to Section 721.56(1), F.S., from each component site managing entity; and

(f) The correct filing fee.

(6) A copy of the multisite purchaser POS, prescribed in Rule 61B-39.004, F.A.C., shall not be required to be filed with the division as a separate document or exhibit, unless requested by the division pursuant to Section 721.55(5), F.S.

(7) In accordance with Sections 721.53 and 721.56, F.S., the reservation system facility of a multisite timeshare plan that must be the subject of a subordination and notice to creditors instrument includes any part of the reservation system without which the reservation system could not operate absent the acquisition of any necessary substitute part. Likewise, a terminated managing entity, that owns any part of the reservation system of a multisite timeshare plan must comply with the trust provisions of Section 721.56, F.S., when any part of the reservation system owned by the managing entity is a part without which the reservation system could not operate absent the acquisition of any necessary substitute part.

History

• Rulemaking Authority 721.26(6), 721.55 FS. Law Implemented 721.55 FS. History–New 5-8-94, Amended 12-11-94, 6-12-96, 12-18-01.

Fla. Admin. Code R. 61B-39.006 Delivery of Multisite Purchaser Public Offering Statements

(1) Pursuant to Section 721.551(2), F.S., a developer of a multisite timeshare plan shall deliver to every purchaser of the multisite timeshare plan a multisite purchaser POS, which shall contain all of the following:

(a) A copy of the multisite registered public offering statement text as prescribed in Section 721.55(1)-(6), F.S., and Rule 61B-39.005, F.A.C.;

(b) If the purchaser will receive a timeshare estate or specific timeshare license in a component site located or sold in this state, the single-site purchaser POS with content and format as required by Section 721.07(6)(a) and (b), F.S., and Rule 61B-39.004, F.A.C.; and

(c) Any other exhibit that the developer has filed with the division pursuant to Section 721.55, F.S., and Rule 61B-39.005, F.A.C., which the developer elects to include pursuant to Section 721.551(2)(d), F.S.

(2) In addition to the purchaser POS, the developer shall deliver to the purchaser a copy of any document which the purchaser signs including a copy of the executed purchase agreement, a copy of the executed alternative media disclosure statement prescribed in subsection 61B-39.008(1), F.A.C., and a copy of the executed receipt for multisite timeshare documents prepared in accordance with DBPR Form TS 6000-7, Receipt for Multisite Timeshare Documents, incorporated by reference in Rule 61B-39.003, F.A.C.

(3) Any document required to be an exhibit to the multisite purchaser POS pursuant to Section 721.551, F.S., and this rule is not required to include any underlying or supporting exhibits to that document.

(4) A developer shall deliver the multisite purchaser POS as prescribed in this rule in the same order as prescribed in Rule 61B-39.005, F.A.C., but may renumber the exhibit numbers indicated on BPR Form 503, Table of Contents to Multisite Public Offering Statement, incorporated by reference in Rule 61B-39.002, F.A.C., to reflect only those exhibits that are being delivered to purchasers pursuant to Section 721.551, Florida Statutes.

History

• Rulemaking Authority 721.26(6), 721.551(1) FS. Law Implemented 721.551 FS. History–New 6-12-96, Amended 12-18-01.

Fla. Admin. Code R. 61B-39.007 Public Offering Statement Amendments

(1) The developer shall file a proposed amendment with the division within 20 business days after any change to an approved filing, as defined in these rules. An amendment shall be deemed approved or effective upon written approval by the division unless other required parties, as defined in these rules, must also approve the amendment. In the latter case the amendment shall be deemed approved or effective upon both written approval by the division and appropriate approval by all other required parties.

(2) An amendment to the form of purchase agreement or the receipt for timeshare documents or any other document of which a fully executed copy must be given to the purchaser pursuant to Section 721.07(6) or 721.551, F.S., and these rules, does not need to be given to a purchaser pursuant to Section 721.07(3)(a)2., F.S., unless such purchaser is being required to re-execute such document(s).

(3) Every proposed amendment filed with the division must clearly delineate amended language by underlining added language and striking through language being deleted.

(4) In addition to the amendment filing fee, each filing of a proposed amendment shall be accompanied by a cover sheet containing the following information:

(a) Name and physical location of the timeshare plan to which the proposed amendment applies;

(b) Developer’s name and mailing address;

(c) Division Identification Number;

(d) Identification of the document to which the amendment applies;

(e) Book, page number, and county where the documents creating the timeshare plan are recorded, if applicable; and

(f) A statement summarizing and explaining each proposed amendment including the page numbers and paragraphs of the POS being amended.

(5) Division approval of a proposed amendment shall not be promoted to the public as a division endorsement of the developer or the timeshare plan or be used to induce the purchase of an interest in the timeshare plan.

(6) Notwithstanding the provisions of these rules, the written statement required by Section 721.07(3)(b), F.S., shall contain a disclosure in substantially the following language: “Under Florida law, you are entitled to void your purchase contract, within 10 days from receipt of this amendment, if the amendment materially alters or modifies the offering in a manner which is adverse to you.”

(7) Amendments which materially alter or modify the offering in a manner which is adverse to some, but not all, purchasers shall not be construed to confer a right to the 10-day voidability period on the purchasers who are not adversely affected. This rule shall not be construed to relieve any duty of the developer pursuant to Section 721.07(3)(a), F.S.

(8) An approved amendment to any of the documents required by Rule 61B-39.004, F.A.C., to constitute the portion of the purchaser POS for one component site of a multisite timeshare plan shall be delivered to purchasers of only that particular component site pursuant to Section 721.07(3)(a)2., F.S., and these rules. However, such amendment shall not be considered an approved amendment to the purchaser POS given to a purchaser at any other component site of the multisite timeshare plan.

History

• Rulemaking Authority 721.26(6) FS. Law Implemented 721.07(3)(a), 721.06 FS. History–New 5-8-94, Amended 6-12-96, 12-18-01.

Fla. Admin. Code R. 61B-39.008 Filing and Delivery of Purchaser Public Offering Statements Through Alternative Media

(1) Developers may provide purchasers with the option of receiving all or any portion of a single-site or multi-site purchaser POS through alternative media in lieu of receiving the written materials in the format prescribed in Rule 61B-39.004 or 61B-39.006, F.A.C., as applicable. The purchaser’s choice of the delivery method shall be set forth in writing on a separate form which shall also disclose the system requirements necessary to view the alternative media, which form shalll be signed by the purchaser. The form shall state that the purchaser should not select alternative media unless the alternative media can be viewed prior to the 10 day cancellation period. The alternative media disclosure statement shall be listed on the form receipt for timeshare documents in the manner prescribed in DBPR Form TS 6000-7, Receipt for Timeshare Documents, or DBPR Form TS 6000-7, Receipt for Multisite Timeshare Documents, as both of which are referenced in Rule 61B-39.003, F.A.C. If a portion, but not all, of the purchaser POS is delivered through the use of alternative media, then the developer shall identify in the purchaser POS table of contents and in the receipt for timeshare documents that information which appears in the alternative media and that information which appears in the written materials.

(2) The order and content of a single-site purchaser POS delivered through alternative media shall comply with Rule 61B-39.004, F.A.C., and the order and content of a multisite purchaser POS delivered through alternative media shall comply with Rule 61B-39.006, F.A.C.

(3) Prior to delivery of the purchaser POS through alternative media, the developer must submit to the division a copy of the purchaser POS through the alternative media proposed to be used by the developer together with an executed certificate, using the form prescribed in DBPR Form TS 6000-8, the Certificate of Identical Documents, referenced in Rule 61B-39.003, F.A.C., certifying that the portion of the purchaser POS delivered through the proposed alternative media is an accurate representation of and, where practical, identical to the corresponding portion of the written purchaser POS.

(4) The alternative media format used to display the purchaser POS may also contain materials in addition to the purchaser POS, such as advertising. In the event that alternative media contains material other than the purchaser POS, the location of the purchaser POS in the alternative media must be specifically and prominently identified in the alternative media.

(5) In the event that the developer amends the POS, the alternative media purchaser POS must also be amended to conform to such amendment, and the developer shall be required to file with the division an executed certificate, using the form prescribed in DBPR Form TS 6000-8, Certificate of Identical Documents, referenced in Rule 61B-39.003, F.A.C., certifying that the portions of the purchaser POS set forth in alternative media are identical to the corresponding portions of the written purchaser POS, as amended.

History

• Rulemaking Authority 721.26(6) FS. Law Implemented 721.07(5), (6), 721.55, 721.551 FS. History–New 6-12-96, Amended 12-18-01.

Chapter 61B-40 TIMESHARE ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS SCOPE; BOOKS AND FINANCIAL RECORDS; BUDGETS; GUARANTEES; RESERVES; FINANCIAL REPORTING

Fla. Admin. Code R. 61B-40.001 Definitions

For purposes of Chapter 721, F.S., and Chapter 61B-40, F.A.C., the following definitions shall apply:

(1) “Books and financial records” as stated in Section 721.13(3)(d), F.S., means any records that identify, measure, record, or communicate financial information whether the records are maintained electronically or otherwise.

(2) “Capital contribution” means cash, property or services contributed to a timeshare plan by its developer or purchasers, which includes amounts contributed to replacement reserves.

(3) “Capital expenditure” means any expenditure of funds for:

(a) The purchase of an asset or capital reserve item whose useful life is greater than one year;

(b) The replacement of an asset or capital reserve item whose useful life is greater than one year; or

(c) The addition, major repair of or improvement to an asset or capital reserve item that extends the useful life of the previously existing asset for a period of greater than one year.

This definition shall not preclude the managing entity from establishing its own capitalization policies.

(4) “Deferred maintenance” means any maintenance or repair that:

(a) Will be performed less frequently than yearly; and

(b) Will maintain the useful life of an asset or capital reserve item.

This definition shall not preclude the managing entity from establishing its own capitalization policies.

(5) “Fiscal period” means a period of time for which financial statements are prepared, such as a month, quarter or year.

(6) “Fiscal year” means a period of 12 consecutive months chosen by a timeshare plan as the accounting period for annual reports.

(7) “Funds” means money and negotiable instruments including, for example, cash, checks, notes, and other investments authorized by law.

(8) “Reserve fund balance” means the cumulative excess or deficit of reserve revenues over reserve expenses for a reserve category at a particular point in time.

(9) “Reserves” means categories of funds, other than operating funds, that are restricted for deferred maintenance and capital expenditures, including the categories roof replacement, building painting, pavement resurfacing, replacement of unit furnishings and equipment and any other component of the facilities whose useful life is less than that of the overall structure, as required by Section 721.07(5)(t)3., F.S. Funds that are not restricted as to use shall not be considered reserves within the meaning of this rule regardless of the label attached to such items.

(10) “Timeshare condominium” means a condominium in which any unit is a “timeshare unit” as defined in Section 721.05, F.S.

History

• Rulemaking Authority 718.501(1)(f), 721.03(2), 721.26(6) FS. Law Implemented 718.104, 721.03(3), 721.07(5)(u)3., 721.13(3)(d)3., 4. FS. History–New 2-5-96, Amended 12-18-01.

Fla. Admin. Code R. 61B-40.002 Scope

These rules apply to all condominium and non-condominium timeshare plans and to all units in any timeshare condominium. Chapter 61B-22, F.A.C., shall not apply to timeshare condominiums.

History

• Rulemaking Authority 718.501(1)(g), 721.03(2), 721.26(6) FS. Law Implemented 721.03(2) FS. History–New 2-5-96, Amended 12-18-01.

Fla. Admin. Code R. 61B-40.003 Books and Financial Records; Fiscal Year

(1) Maintenance of books and financial records. The books and financial records of every timeshare plan shall be maintained in sufficient detail to permit determination of the revenues and expenses attributable to separate component sites, condominiums, associations, categories of funds such as operating, reserve or property tax, and other revenue generating activities within a timeshare plan.

(2) Separate books and financial records required. Every managing entity shall maintain separate books and financial records as follows:

(a) If the common expenses of a component site are not common expenses of the multisite timeshare plan, the managing entity shall maintain books and financial records for such component site separately from the books and financial records of the multisite timeshare plan;

(b) The managing entity of a multicondominium timeshare plan shall maintain separate accounting records for the multicondominium association and for each condominium operated by the association. Multicondominium associations created prior to July 1, 2000, that do not create separate owership interests of the common surplus of the association for each unit, as provided in Sections 718.104(4)(h) and 718.110(12), F.S., shall not maintain separate fund balances for the association, and shall allocate all association revenues and expenses to each condominium operated by the association pursuant to the provisions of each condominium’s respective declaration;

(c) For timeshare plans engaged in activities that generate nonassessment revenues, the managing entity shall maintain accounting records in sufficient detail to permit the determination of the revenues and expenses of each such revenue generating activity.

(3) Fiscal year. Every timeshare plan shall establish a fiscal year and shall document the fiscal year in the books and records of the timeshare plan. Such fiscal year shall be the same as the budget year.

History

• Rulemaking Authority 718.501(1)(g), 721.03(2), 721.13(3)(d)3., 721.26(6) FS. Law Implemented 718.111(12)(a)11., 721.13(3)(c)1., (d) FS. History–New 2-5-96, Amended 12-18-01.

Fla. Admin. Code R. 61B-40.004 Budgets

(1) Required elements for estimated operating budgets. The proposed and adopted budget for each timeshare plan shall:

(a) Be stated on an annual basis;

(b) Disclose the fiscal year for which the budget will be in effect;

(c) Show the total assessment for each use availability period or ownership interest according to its proportionate share of ownership or as allocated by the timeshare instrument, as applicable;

(d) Include a good faith estimate of all revenues of the timeshare plan. Revenue classifications, such as interest, assessments, and other categories shall be shown separately. If applicable, the following items shall be included in the estimated revenues section of the budget:

1. Estimated non-assessment revenues; and

2. Estimated common surplus as of the beginning of the period for which the budget will be in effect.

(e) Include a good faith estimate of all common expenses or expenditures of the timeshare plan including the categories set forth in Section 721.07(5)(t)3., F.S. The following minimum reserve disclosures for proposed budgets are required:

1. Reserves for capital expenditures and deferred maintenance as required by Section 721.07(5)(u)3., F.S., shall be included in the proposed annual budget, or as a separate reserve budget, stating each such reserve category for capital expenditures and deferred maintenance as a separate line item and with the following minimum disclosures:

a. The total estimated useful life of the asset;

b. The estimated remaining useful life of the asset;

c. The estimated replacement cost or deferred maintenance expense of the asset;

d. The estimated fund balance of the asset as of the beginning of the period for which the budget will be in effect; and

e. The developer’s total funding obligation, as if all timeshare periods are sold, for each converter reserve account established pursuant to Section 721.03(3)(e), F.S., if applicable.

2. Categories of expense that are restricted as to use shall be stated in the reserve portion of the budget. Categories of expense that are not restricted as to use shall be stated in the operating portion of the budget.

(f) Include estimated common deficits as of the beginning of the period for which the budget will be in effect as a separate line item of the budget.

(2) Condominium associations operating both timeshared units and non-timeshared units. The budget for an association operating both whole condominium units and timeshared condominium units shall provide separate schedules, conforming to the requirements for budgets as stated in this rule, of all estimated common expenses related to the underlying condominium units and all of the estimated common expenses related to the timeshare plan, including any applicable reserves for deferred maintenance and capital expenditures.

(3) Non-condominium timeshare plans with units to be used on a non-timeshared basis. The budget for a non-condominium timeshare plan consisting of timeshared units and non-timeshared units shall provide separate schedules, conforming to the requirements for budgets as stated in this rule, of all estimated common expenses related to the non-timeshared units and all of the estimated common expenses related to the timeshared units, including any applicable reserves for deferred maintenance and capital expenditures.

(4) Condominium timeshare plans with limited common elements. If a condominium association maintains limited common elements at the expense of only those purchasers entitled to use the limited common elements pursuant to Section 718.113(1), F.S., the budget shall include a separate schedule, or schedules, conforming to the requirements for budgets as stated in this rule, of all estimated expenses specific to each of the limited common elements, including any applicable reserves for deferred maintenance and capital expenditures. The schedule or schedules may aggregate the maintenance expense of any limited common elements for which the declaration provides that the maintenance expense is to be shared by a group of purchasers.

(5) Non-condominium timeshare plans that allocate common expenses to certain purchasers based on exclusive use rights. If a non-condominium timeshare plan maintains facilities of the timeshare plan at the expense of only those purchasers entitled to use those facilities the budget shall include a separate schedule, or schedules, conforming to the requirements for budgets as stated in this rule, of all estimated expenses specific to each of the facilities, including any applicable reserves for deferred maintenance and capital expenditures. The schedule or schedules may aggregate the maintenance expense of any facilities for which the timeshare instrument provides that the maintenance expense is to be shared by a group of purchasers.

(6) Multicondominium timeshare plans. The managing entity of a multicondominium timeshare plan shall:

(a) Provide a separate schedule of estimated expenses specific to each condominium such as the maintenance, deferred maintenance, repair or replacement of the common elements of that condominium;

(b) Provide a separate schedule of estimated expenses of the association that are not specific to a condominium such as the maintenance, deferred maintenance, repair or replacement of the property serving more than one condominium;

(c) Multicondominium associations, created after June 30, 2000, or multicondominium associations that have created separate ownership interests of the common surplus of the association for each purchaser as provided in Sections 718.104(4)(h) and 718.110(12), F.S., shall include the estimated common surplus of the association and the condominium as a line item in the revenue section of the respective budgets; and

(d) Multicondominium associations created after June 30, 2000, or multicondominium associations that have created separate ownership interests of the common surplus of the association for each purchaser as provided in Sections 718.104(4)(h) and 718.110(12), F.S., shall include each purchaser’s share of the estimated expenses of the association, referred to in subsection (b) of this rule, which shall be shown on the individual condominium budgets. Multicondominium associations created prior to July 1, 2000, that have not created separate ownership interests of the common surplus of the association for each purchaser as provided in Sections 718.104(4)(h) and 718.110(12), F.S., shall disclose each condominium’s share of the estimated expenses of the association, as referenced in paragraph (b) of this rule.

(7) Phase condominium timeshare plans. By operation of law, the annual budget of a phase condominium created pursuant to Section 718.403, F.S., shall automatically be adjusted when phases are added to a condominium to incorporate the change in proportionate ownership of the common elements by the purchasers and to incorporate any other changes related to the addition of phases in accordance with the declaration of condominium. The adjusted annual budget shall be effective on the date that the amendment to the declaration adding a phase to a phase condominium is recorded in the official records of the county in which the condominium is located. Notwithstanding the requirements of subsection (8) of this rule, the board shall not be required to follow the provisions of Section 718.112(2)(e), F.S., unless, as a result of the budget adjustment, the assessment per use availability period or ownership interest has changed.

(8) Budget amendments for condominium timeshare plans. The association of a condominium timeshare plan may amend a previously approved annual budget. In order to do so the board of administration shall follow the provisions of Section 718.112(2)(e), F.S. For example, the board shall mail a meeting notice and copies of the proposed amended annual budget to the purchasers not less than 14 days prior to the meeting at which the budget amendment will be considered.

(9) Authorized level of assessments. Assessments charged to a purchaser pursuant to an annual budget shall be based on the adopted budget and the purchaser’s proportional obligation for sharing common expenses as stated in the timeshare instrument.

(10) Budgets are a part of the official records. A copy of the proposed and adopted budgets shall be maintained as part of the books and financial records of the timeshare plan.

History

• Rulemaking Authority 718.501(1)(g), 721.03(2), 721.13(3)(d)3., 721.26(6) FS. Law Implemented 718.111(6), 718.112(2)(e), (f), 718.113(1), 718.115(2), 718.403(6)(e), 721.03(3), 721.13(2)(a), 721.15(2), (5) FS. History–New 2-5-96, Amended 12-18-01.

Fla. Admin. Code R. 61B-40.005 Guarantee of Common Expenses Under Sections 718.116(9) and 721.15(2), Florida Statutes

(1) Establishment of the guarantee. If a guarantee is not established in the timeshare documents any agreement establishing a guarantee shall be effective only upon the approval of a majority of the non-developer timeshare purchasers. Such approval shall be documented in the books and financial records of the timeshare plan.

(2) Guarantee period. The guarantee period shall be indicated by a specific beginning and ending date. The guarantee may provide for different dollar amounts for different fiscal years within a guarantee period.

(a) The ending date shall be the same for all of the purchasers including the purchasers in different phases of phase condominiums; and

(b) The guarantee may provide for more than one fiscal year with different dollar amounts for each such fiscal year.

(3) Authorized level of assessments. The stated dollar amount of the guarantee shall be an exact dollar amount for each use availability period or ownership interest as identified in the timeshare documents. Regardless of the stated dollar amount of the guarantee, assessments charged to a purchaser pursuant to an annual budget shall not exceed the purchaser’s obligation based on the adopted budget and the purchaser’s proportional obligation as stated in the timeshare documents.

(4) Cash funding requirements during the guarantee. The cash payments required from the guarantor during the guarantee period shall be determined as follows:

(a) If at any time during the guarantee period the funds of the timeshare plan are not sufficient to permit full and timely payment of all common expenses, including the full and timely funding of reserves unless properly waived, the guarantor shall advance sufficient cash to the managing entity at the time such payments are due; and

(b) Capital contributions received from purchasers shall not be used for the payment of common expenses.

(5) Calculation of guarantor’s final obligation. The guarantor’s total financial obligation at the end of the guarantee period shall be determined on the accrual basis. Such financial obligation shall not be reduced by contributions of real or personal property. The guarantor shall fund the total common expenses incurred during the guarantee period including the full funding of reserves as included on the adopted budget, less the following items:

(a) Depreciation expense on real property;

(b) Depreciation expense on personal property contributed by the guarantor;

(c) For guarantee agreements established on or subsequent to June 14, 1995, and for guarantee agreements established prior to June 14, 1995 in which no method for calculating the guarantee was specified, the total revenues of the timeshare plan regardless of whether the actual level of assessments was less than the maximum guaranteed amount. For guarantee agreements established prior to June 14, 1995, in which a method for calculating the guarantee was specified, the maintenance assessment revenues of the timeshare plan regardless of whether the actual level of assessments was less than the maximum guaranteed amount; and

(d) If a guarantee pursuant to Section 721.15(2), F.S., existed within a multicondominium association created prior to July 1, 2000, the guarantor’s financial obligation to the association shall be calculated as provided in subsections (a) through (c) for each condominium in which the guarantee existed. If a guarantee pursuant to Section 721.15(2), F.S., existed within a multicondominium association created after June 30, 2000, or a multicondominium association that created separate ownership interests of the common surplus of the association for each purchaser as provided in Sections 718.104(4)(h) and 718.110(12), F.S., the guarantor’s financial obligation to the association shall include the amount calculated pursuant to Section 718.116(9)(c), F.S., except that the calculation shall include total revenues as provided in Section 721.15(2), F.S., rather than the maintenance fee revenues as provided in Section 718.116(9)(c), F.S.

History

• Rulemaking Authority 718.501(1)(g), 721.03(2), 721.13(3)(d)3., 721.26(6) FS. Law Implemented 718.116(9), 721.15(2) FS. History–New 2-5-96, Amended 12-18-01.

Fla. Admin. Code R. 61B-40.006 Reserves

(1) Reserves required by statute. The proposed annual budget shall include the reserves required by Section 721.07(5)(t)3., F.S., for capital expenditures and deferred maintenance, including roofing, painting, paving, unit furnishings, and any other building components having a useful life that is less than that of the overall structure.

(2) Calculating reserves required by statute. Reserves for deferred maintenance and capital expenditures required by Section 721.07(5)(t)3., F.S., shall be calculated using a formula that will provide funds equal to the total estimated deferred maintenance expense or total estimated replacement cost for an asset, over the remaining useful life of the asset. The amount of the current year funding for each reserve category shall be the sum of the following two calculations:

(a) If the fund balance of the reserve category is less than zero, the total estimated amount necessary to bring such negative reserve category balance to zero; and

(b) The total estimated deferred maintenance expense or total estimated replacement cost of the asset less the estimated balance of the reserve category as of the beginning of the period for which the budget will be in effect, the remainder of which shall be divided by the estimated remaining useful life of the asset. The formula may consider factors such as inflation and earnings on invested funds and may be adjusted each year for changes in estimates and deferred maintenance performed during the year.

(3) Estimating reserves when the developer is funding converter reserves. For the purpose of estimating non-converter reserves for condominium timeshare plans, the estimated fund balance of the non-converter reserve account related to any asset for which the developer has established a converter reserve, pursuant to Section 721.03(3)(e), F.S., shall be the sum of:

(a) The developer’s total funding obligation for the converter reserve account, calculated as if all timeshare periods are sold; and

(b) The estimated fund balance of the non-converter reserve account, excluding the developer’s converter reserve obligation, as of the beginning of the period for which the budget will be in effect.

History

• Rulemaking Authority 718.501(1)(g), 721.03(2), 721.26(6) FS. Law Implemented 721.03(3)(e), 721.07(5)(u) FS. History–New 2-5-96, Amended 12-18-01.

Fla. Admin. Code R. 61B-40.0061 Funding Requirements and Restrictions on Use

(1) Timely funding. Reserves included in the adopted budget shall be considered common expenses and must be fully funded. Reserves shall be funded in the amounts stated in the adopted budget within 30 calendar days from the date the assessments are collected and not later than 180 days from the date such assessments are due. This rule shall not preclude the managing entity from fully funding the reserves prior to receiving all of the assessments due from purchasers.

(2) Reserve restrictions for timeshare plans. Neither reserve funds nor any interest earned on reserve funds shall be used for the payment of operating expenses unless approved in advance by a majority of the purchasers. Interest earned on reserve funds shall be allocated to the individual reserve category balances by the managing entity. Reserve funds and interest earned on reserve funds may be reallocated between the reserve categories by the board of administration at a duly called meeting of the board, by amending the current budget or through the next annual budgeting process.

History

• Rulemaking Authority 721.03(2), 721.26(6) FS. Law Implemented 721.03(3), 721.07(5)(u), 721.13(3)(c)2. FS. History–New 2-5-96.

Fla. Admin. Code R. 61B-40.0062 Waiver of Reserves

For condominium timeshare plans any vote to waive or reduce the funding of reserves required by Section 718.112(2)(f)2. or 721.07(5)(t), F.S., shall be effective for only one annual budget. In a multi-condominium association no waiver or reduction of the funding of reserves shall be effective as to a particular condominium unless:

(1) Conducted at a duly called meeting of the association;

(2) The same percentage of voting interests of the condominium as is otherwise required for a quorum of the association is present, or represented by proxy; and

(3) A majority of those voting interests in that condominium that are present, or represented by proxy, vote to waive or reduce the funding of reserves.

History

• Rulemaking Authority 718.501(1)(g), 721.03(2), 721.26(6) FS. Law Implemented 718.112(2)(f), 721.03(3), 721.07(5)(t) FS. History–New 2-5-96, Amended 12-18-01, 1-12-10.

Fla. Admin. Code R. 61B-40.007 Financial Reporting Requirements

(1) Financial statements. The financial statements required by Sections 718.301(4)(c) and 721.13(3)(e), F.S., shall at a minimum include the following:

(a) Auditor’s Report;

(b) Balance Sheet;

(c) Statement of Revenues and Expenses;

(d) Statement of Changes in Fund Balances;

(e) Statement of Cash Flows; and

(f) Notes to Financial Statements.

Paragraphs (a) through (f) shall be referred to within this rule as financial statement components.

(2) Disclosure requirements. The financial statements required by Sections 718.301(4)(c) and 721.13(3)(e), F.S., shall contain the following disclosures within the financial statements, notes, or supplementary information:

(a) Reserve disclosures as follows:

1. The beginning balance in each reserve account as of the beginning of the fiscal period audited;

2. The amount of assessments and other additions to each reserve account, including authorized transfers;

3. The amount expended or removed from each reserve account, including authorized transfers;

4. The ending balance in each reserve account as of the end of the fiscal period audited; and

5. The manner by which reserve items were estimated, the date the estimates were last made, and the policies for allocating reserve fund interest income.

(b) The method by which assessments and expenses were allocated to the purchasers;

(c) If a guarantee pursuant to Section 718.116(9) or 721.15(2), F.S., existed at any time during the fiscal year, the following shall be disclosed:

1. The period of time guaranteed;

2. The amount of common expenses incurred during the guarantee period;

3. The amount of assessments charged to the non-developer unit owners during the guarantee period;

4. The amount of the developer’s payments; and

5. Any financial obligation due to or from the developer resulting from the guarantee;

(d) Assessment revenues attributable to the developer disclosed separately from those attributable to the purchasers; and

(e) A detailed schedule of actual and budgeted revenues and expenses of the operating fund.

(3) Multicondominium associations. For multicondominium associations, the audited financial statements required by Sections 718.301(4)(c) and 721.13(3)(e), F.S., may present the financial statement components on a combined basis as long as the financial statements, notes, or supplementary information disclose the revenues, expenses, and changes in fund balance for each condominium and the association, as applicable. Additionally, the financial statements, notes, or supplementary information shall disclose the following:

(a) The revenues and expenses of the association not directly related to any specific condominium and the method used to allocate such expenses to the purchasers, or such condominiums, as applicable; and

(b) The reserve disclosures required by paragraph (3)(a) of this rule, presented separately for each condominium and for any association reserves not directly related to any specific condominium.

(c) The provisions of this rule shall apply to multicondominium financial reporting for fiscal periods ending on or after December 31, 2002. Earlier application of the provisions of this rule is permitted.

(4) Timeshare license plans. The financial statements of a timeshare license plan shall include all of the activities of the timeshare plan. The financial statements need not include the activities of the developer or any other entity except to the extent required by generally accepted accounting principles or generally accepted auditing standards including items such as disclosure of related party transactions. However, if the financial statements of the timeshare plan include the activities of the developer or any other entity, the financial statements shall use a separate fund reporting format for the activities of the timeshare plan.

(5) Condominium associations operating both timeshare condominium units and non-timeshare condominium units. The financial statements of a timeshare plan operated by a condominium association that also operates non-timeshared units shall include only the activities of the timeshare plan. Alternatively, the association may prepare audited financial statements including all of the activities of the association as long as the financial statements use a separate fund reporting format for the activities of the timeshare plan.

(6) Effective date for financial reporting requirements. Subject to the scope provisions of Rule 61B-40.002, F.A.C., the provisions of Rule 61B-40.007, F.A.C., shall apply to the financial statements required by Sections 718.301(4) and 721.13(3), F.S., for fiscal periods ending on or after December 31, 1995. For fiscal periods ending before December 31, 1995, a managing entity may elect to apply the provisions of Rule 61B-40.007, F.A.C., in lieu of applying Rule 61B-22.006, F.A.C., but the division shall not enforce the provisions of Rule 61B-40.007, F.A.C., as to the financial statements for such fiscal periods.

History

• Rulemaking Authority 718.501(1)(g), 721.03(2), 721.26(6) FS. Law Implemented 718.111(13), 718.301(4)(c), 721.03(3), 721.13(3)(e) FS. History–New 2-5-96, Amended 10-21-98, 12-18-01.

Chapter 61B-41 TIMESHARE PENALTIES

Fla. Admin. Code R. 61B-41.001 Definitions

For the purposes of this chapter, the following definitions shall apply:

(1) “Bad check” means any worthless check, draft, or order of payment identified under Section 68.065, F.S.

(2) “Corrective activities” means putting remedial procedures in place to ensure that the violation does not recur; making any injured person whole as to the harm suffered in relation to the violation; or taking any other appropriate measures to redress the harm caused.

(3) “Financial hardship” means that the size of the penalty has a disproportionately adverse impact on the regulated party, purchaser or timeshare plan in relation to the purpose for the discipline being imposed under this rule chapter. Having to special assess to pay the penalty does not constitute financial hardship.

(4) “Prior” or “prior violation” means, within the context of a violation of Chapter 721, F.S., any violation of Chapters 718, 719, and 721, or Part VIII of Chapter 468, F.S., and the administrative rules promulgated pursuant to those statutes, that has been cited by the Division and resulted in final agency action being taken against a regulated party. This definition applies regardless of the chronological relationship of the violations and regardless of whether the violations are of the same or different subsections of these statutes.

(5) “Regulated party” carries the same meaning as defined in Section 721.26(5)(a), F.S., which includes timeshare solicitors licensed under Section 721.20, F.S.

(6) “Small business” means any regulated party that also meets the definition of a small business as defined in Section 288.703, F.S.

History

• Rulemaking Authority 721.26(6) FS. Law Implemented 721.26(5)(e) FS. History–New 2-4-98.

Fla. Admin. Code R. 61B-41.002 Purpose; General Provisions

(1) Purpose. The purpose of this rule chapter is to notify regulated parties of the guidelines and aggravating and mitigating factors that will be utilized by the division to determine penalties for specified violations of Chapter 721, F.S., and where applicable, in the context of a violation of Chapters 721, 468, 718 and 719, F.S., and the administrative rules promulgated pursuant to those chapters. No aggravating factor will be applied to increase a penalty for a single violation above the statutory maximum of $10,000. The guidelines in Rule 61B-41.003, F.A.C., are based upon a single count violation of each provision listed. Multiple counts of the violated provisions or a combination of the violations will be added together in determining an overall total penalty. The purpose of imposing penalties is to discipline the regulated party for violations of the statutes and to deter the regulated party from future violations; to offer opportunities for rehabilitation when appropriate; and to deter other regulated parties from violating Chapters 718, 719, 721, and Part VIII, Chapter 468, F.S. Nothing in this rule chapter shall limit the authority of the division to informally dispose of administrative actions or complaints by stipulation or settlement agreement, or consent order.

(2) General Provisions.

(a) Violations Not All-Inclusive. Rule 61B-41.003, F.A.C., contains illustrative violations. This rule does not, and is not intended to, encompass all possible violations of statute or division rule that might be committed by regulated parties. The absence of any violation from this rule shall in no way be construed to indicate that the violation is not subject to a penalty. In any instance where the violation is not listed in this rule, the penalty will be determined by consideration of:

1. The penalty guidelines and aggravating and mitigating factors specified in this rule; and

2. The closest analogous violation, if any, that is listed in this rule chapter.

(b) Violations Included. The rule chapter applies to all violations subject to a penalty authorized by law.

(c) Rule Encourages Settlement. Each penalty guideline listed in Rule 61B-41.003, F.A.C., is the amount offered to encourage a regulated party to settle the violation with the division at the investigation stage. In most cases, these amounts have been set well-below the statutory amount of $10,000 per violation authorized by law and do not constitute the full penalty sought by the division if further investigation and agency action is required. As with any offer of settlement, if the regulated party rejects the division's settlement offer, the division retains the authority to adjust the penalty based upon the factors listed in subsection 61B-41.002(3), F.A.C., arising out of continued prosecution of the case.

(d) Rule Establishes Norm. This rule chapter does not supersede the division’s authority to additionally or alternatively suspend or revoke a developer’s filing or a timeshare solicitor's license, or to order a regulated party to cease and desist from any unlawful practice, or order other corrective action in which the imposition of administrative penalties is not appropriate. For example, notwithstanding the specification of relatively smaller penalties for particular violations, the division has the authority to suspend the imposition of a penalty and impose other remedies where aggravating and/or mitigating factors warrant it. In no event will the division reduce a penalty below $1,000, except where otherwise specified in this rule, unless the regulated party substantiates extraordinary mitigating circumstances.

(e) Description of Violations. Although the violations in Rule 61B-41.003, F.A.C., include specific references to statutes and administrative rules, the violations are described in general language and are not necessarily stated in the same language that would be used to formally allege a violation in a specific case. If any statutory or rule citation in Rule 61B-41.003, F.A.C., is changed, then the use of the previous statutory citation will not invalidate this rule.

(f) Relationship to Other Rules. The provisions of this chapter and any other administrative rule of the division are made applicable to a regulated party by statutory provision. For example, a condominium that is a timeshare plan is subject to Chapters 718 and 721, F.S., and the rules promulgated under both of those chapters. Pursuant to Section 721.03(3), F.S., where there is a conflict, Chapter 721, F.S., and Chapters 61B-37-61B-41, F.A.C., shall govern a timeshare condominium. Therefore, the proposed condominium educational and enforcement resolution guidelines in Rules 61B-20.004, 61B-20.005, 61B-20.006, 61B-21.001, 61B-21.002, and 61B-21.003, F.A.C., and the proposed cooperative educational and enforcement resolution guidelines in Rules 61B-77.001, 61B-77.002, 61B-77.003, 61B-78.001, 61B-78.002, and 61B-78.003, F.A.C., shall not apply to timeshare condominiums or timeshare cooperatives.

(g) Other Regulated Parties. The imposition of a penalty upon any regulated party in accordance with this rule chapter shall in no way be interpreted as barring the imposition of a penalty upon any other regulated party in connection with the same conduct.

(3) Aggravating and Mitigating Factors. The division will consider aggravating and mitigating factors in determining the penalties for violations listed in this rule chapter and impose any penalty authorized under Section 721.26(5)(e), F.S., upon consideration of one or more of the following factors. The factors are not necessarily listed in order of importance and shall be considered either aggravating or mitigating for each separate violation, unless otherwise specified. Each factor will increase or decrease the total amount of the penalty guideline as provided in Rule 61B-41.003, F.A.C., by an amount ranging between $0 to a $1,000.

(a) Willfulness and actual knowledge of the violation, which shall be considered solely as an aggravating factor.

(b) Whether the violation was technical or substantive and the degree of harm or potential harm to the prospective purchaser, actual purchaser, or public.

1. The technical nature of a violation shall be viewed solely as a mitigating factor;

2. The substantive nature of a violation shall be viewed solely as an aggravating factor; and

3. The degree of harm or potential harm to the prospective purchaser, actual purchaser, or public shall be viewed solely as an aggravating factor.

(c) Degree to which the violation, if not detected, tends to undermine the timesharing and tourism industries in this state or the division's regulatory authority, which shall be viewed solely as an aggravating factor.

(d) Whether the regulated party should have known the conduct or failure to act was unlawful.

(e) Corrective activities that are initiated after the violation or possibility of violation is formally or informally noted or brought to the attention of the party by the division. The division is not precluded from assessing a penalty for violations for which successful corrective activities were actually and substantially initiated (not just planned) and implemented by the regulated party before the violation was noted by or brought to the attention of the division, and before the regulated party was made aware that the division was investigating the alleged violation, which shall be viewed solely as a mitigating factor.

(f) Whether the regulated party brought the violation to the division's attention and initiated corrective activity without division intervention, which shall be viewed solely as a mitigating factor.

(g) Financial gain or hardship to the regulated party subject to the penalty.

1. Financial gain to the regulated party shall be viewed solely as an aggravating factor; and

2. Financial hardship to the regulated party shall be viewed solely as a mitigating factor.

(h) Financial gain or loss to parties or persons affected by the violation.

1. Financial loss to parties or persons affected by the violation shall be viewed solely as an aggravating factor; and

2. Financial gain to parties or persons affected by the violation shall be viewed solely as a mitigating factor.

(i) Degree of cooperation of the regulated party with the division in remedying the violation including any restitution and payment of damages to affected persons or entities.

(j) The disciplinary history of the regulated party in this or any jurisdiction, including such action resulting in settlement, or pending resolution which shall be viewed solely as an aggravating factor.

(k) If the prior violation is a repeat violation of the same statute or administrative rule, the penalty will generally be increased.

(l) Whether multiple violations are involved. For purposes of this rule and application of the penalties, penalties for such separate violations are cumulative and may be consecutive, to the extent provided in Section 721.26(5)(e), F.S., notwithstanding that the violations are of the same statutory provision.

(m) The number of consumer complaints filed, which shall be viewed solely as an aggravating factor.

(n) Whether the violation also constitutes fraud on purchasers, a tort or any other violation of civil law, which shall be viewed solely as an aggravating factor.

(o) Whether the violation also constitutes a violation of a chapter other than Chapter 721, F.S., or the administrative rules governing timesharing. For example, a managing entity performing community association management for a timeshare plan must comply with Chapter 721 and Part VIII of Chapter 468, F.S., which shall be viewed solely as an aggravating factor.

(p) Circumstances leading to the initiation of the investigation and the circumstances under which the violation was committed.

(q) Legal status of the regulated party at the time of the offense, and, if applicable, corporate status, licensing status, and any changes in status.

(r) The number of charges or separate violations established, which shall be viewed solely as an aggravating factor.

(s) The length of time since the violation occurred. The duration of the violation. The length of time the regulated party has been involved in the timesharing industry in this or any other jurisdiction. The length of time since a prior violation occurred.

(t) Filing or causing to be filed any materially incorrect affidavit, license application, escrow agreement, financial report, public offering statement, or any other document required to be filed with the division or filed in response to a request or subpoena, which shall be viewed solely as an aggravating factor.

(u) Whether the regulated party is a small business, which shall be viewed solely as a mitigating factor.

(v) Acts of God or nature, which shall be viewed solely as a mitigating factor.

(w) Whether the regulated party is a unit-owner controlled association that directly manages the daily operation of the association without the assistance of a non-unit owner licensed community association manager or managing entity. The provisions of this subsection will be viewed solely as a mitigating factor.

(4) The provisions of this section shall not be construed so as to prohibit or limit any other civil or criminal prosecution that may be brought.

(5) The imposition of a civil penalty does not preclude the division from imposing additional sanctions provided under Chapter 721, F.S.

(6) In addition to the penalties established in this rule, the division shall seek to recover the costs of investigation, any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the division shall seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages imposed by law when a regulated party submits a bad check to the division.

History

• Rulemaking Authority 721.03(3), 721.26(6) FS. Law Implemented 57.111, 68.065, 86.081, 120.595, 120.69, 721.03(3), 721.20(2)(d), 721.26(5)(e) FS. History–New 2-4-98.

Fla. Admin. Code R. 61B-41.003 Penalty Guidelines

The following penalty guidelines are established for each violation:

STATUTE/RULE

GENERAL DESCRIPTION

PENALTY per violation (Priors)

PART I VACATION PLANS AND TIMESHARING

Section 721.056, F.S.;

Rule Chapters 61B-37; 61B-39; 61B-40, F.A.C.

Developer’s supervisory duties

2,500(0), 3,500(1)

5,000(1+)

Section 721.06, F.S.;

Rules 61B-39.002; 61B-39.003;

61B-39.007, F.A.C.

Purchase contracts

$2,500(0)

$3,500(1)

$5,000(1+)

Section 721.06(4), F.S.

One to one ratio

$5,000

Section 721.065, F.S.;

Rule 61B-39.002, F.A.C.

Resale purchase contract

$1,000(0)

$2,000(1)

$3,500(1+)

Section 721.07, F.S.

Public offering statement rejection/revocation

$5,000/POS-

Use of unapproved

$5,000(0)

Public Offering Statement

$10,000(1+)

Section 721.07(6), F.S.

Failure to deliver

$10,000

Section 721.07(5), F.S.

contents, maintenance

$2,500

Rules 61B-39.002; 61B-39.003;

61B-39.004; 61B-39.007; 61B-39.008; 61B-40.003; 61B-40.004; 61B-40.006; 61B-40.0061; 61B-40.0062, F.A.C.

POS-rejection/revocation

Section 721.075, F.S.;

Paragraph 61B-39.007(6)(e), F.A.C.

Incidental benefits

$1,000(0)

$2,000(1)

$3,000(1+)

Section 721.08, F.S.; Paragraphs

61B-39.003(4)(c); 61B-39.005(5)(c); 61B-39.007(6)(e), F.A.C.

Escrow accounts; nondisturbance instruments; alternate security arrangements

$5,000(0)

$7,500(1)

$10,000(1+)

Section 721.09, F.S.

Reservation agreements; escrows

$1,000(0)

$2,000(1)

$5,000(1+)

Section 721.10, F.S.

Cancellation; termination

$5,000

$7,500

$10,000

Section 721.11(1), (5), F.S.;

Subsection 61B-37.004(3), F.A.C.

Advertising materials and disclosures

$3,500(0)

$5,000(1)

$10,000(1+)

Section 721.11(4), F.S.;

Rule 61B-37.002, F.A.C.

Misrepresentations; inducements; referrals

$2,500(0)

$5,000(1)

$10,000(1+)

Section 721.111, F.S.;

Rule 61B-37.004, F.A.C.

Promotional offers

$3,500(0)

$5,000(1)

$10,000(1+)

Section 721.12, F.S.

Sellers’ record keeping

$1,000(0)

$2,000(1)

$5,000(1+)

Section 721.13, F.S.; Rules 61B-40.003; 61B-40.004; 61B-40.005; 61B-40.006, F.A.C.

Management; CAM license; books & records; lockout; quorum

$1,000(0)

$2,000(1)

$5,000(1+)

Rule 61B-40.0061, F.A.C.

Reserve funding

$2,000(0)

$3,500(1)

$5,000(1+)

Section 721.13(2)(a), F.S.; and

Rule 61B-40.004, F.A.C.

Fiduciary Duty as separate and distinct from other violations

$10,000

Section 721.13(3)(e), F.S.; and

Rule 61B-40.007, F.A.C.

Annual audit failure to arrange failure to file

$2,500(0)

$3,500(1)

$5,000(1+)

$2,500(0)

$3,500(1)

$5,000(1+)

Section 721.13(3)(f), F.S.

Inspection of books

$2,500

Receipts and disbursements

$1,000(0)

$1,500(1)

$2,000(1+)

Sections 721.13(3)(i) and 192.037(6)(e), 721.15, F.S.; Rules 61B-40.004; 61B-40.005; 61B-40.006; 61B-40.0061; 61B-40.0062, F.A.C.

Assessments; guarantees, common expenses; billing

$1,000 (0)

$2,000 (1)

$5,000 (1+)

Failure to pay Assessments on Developer owned units

$10,000

Section 721.15(8), F.S.

Commingling

$5,000

Section 721.165, F.S.;

Paragraph 61B-39.007(6)(f), F.A.C.

Insurance disclosure

$10,000

$1,000

Section 721.17, F.S.

Transfer of interest

$5,000

Section 721.18(1), F.S.

Exchange programs

Failure to provide written documents

$5,000(0)

$10,000(1+)

Section 721.18(5), F.S.

Unfair deceptive act or practice

$5,000(0)

$10,000(1+)

Section 721.20(1), F.S.

Broker licensing

$5,000

Section 721.20(2), F.S.;

Section 721.20(4), F.S.

Solicitor licensing

Advance fees

$10,000

Section 721.26(7)(a), F.S.

Exchange Company Deceptive act or practice

$5,000(0)

$10,000(1+)

Section 721.27, F.S.

Managing entity fees to statutory late fee

$1,000 in addition

PART II VACATION CLUBS

Section 721.53, F.S.;

Rule 61B-39.003, F.A.C.

Subordination instruments

$10,000

Subsection 61B-39.005(7), F.A.C.

Security arrangements

$3,000(0)

$5,000(1)

$10,000(1+)

Section 721.54, F.S.

Multisite term

$5,000

Section 721.55, F.S.

Public Offering Statement

rejection/revocation

Use of unapproved

$5,000/POS

$5,000(0)

$10,000(1+)

Section 721.55, F.S.; Rules 61B-39.002; 61B-39.005; 61B-39.007; 61B-39.008, F.A.C.

Public offering statement contents, maintenance

$5,000

Section 721.551, F.S.; Rules 61B-39.002; 61B-39.006; 61B-39.007; 61B-39.008, F.A.C.

Failure to deliver public offering statement

$10,000

Section 721.552, F.S.;

Subsection 61B-39.007(9), F.A.C.

Change in component site accommodations & facilities

$5,000

Sections 721.552(1)(b), (2)(g), F.S.

Fiduciary duty

$10,000

Section 721.553, F.S.

Portrayal of component sites

$1,000(0)

$2,000(1)

$5,000(1+)

Rule 61B-37.002, F.A.C.

misrepresentations

$2,500(0)

$3,500(1)

$5,000(1+)

Sections 721.56(1), (2), F.S.;

Paragraph 61B-39.005(5)(e), F.A.C.

Management rejection/revocation

$5,000/POS-

Section 721.56(3), F.S.;

Escrow accounts

$3,000(0)

$5,000(1)

$10,000(1+)

Paragraph 61B-39.007(6)(e), F.A.C.

amendment disclosures

$1,000

Section 721.56(5), F.S.;

Reservation system

$5,000

Subsection 61B-39.005(7), F.A.C.

filing

$2,500

Section 721.56(6);

Developer duties

$10,000

Subsection 61B-39.005(7), F.A.C.

filing

$2,500

Section 721.57, F.S.

Multisite disclosures

$5,000

Section 721.58(1), F.S.

Filing fee

rejection

Section 721.58(2), F.S.

Managing entity fees to statutory late fees

$1,000 in addition

NOTE: The designation of (0) means no prior violations; (1) means one prior violation; and (1+) means more than one prior violation.

History

• Rulemaking Authority 721.26(6) FS. Law Implemented 721.26(5)(e) FS. History–New 2-4-98, Amended 10-12-17.

Chapter 61B-45 THE MANDATORY NON-BINDING ARBITRATION RULES OF PROCEDURE

Fla. Admin. Code R. 61B-45.001 Scope, Organization, Forms, Purpose, and Title

(1) This chapter shall be entitled “The Mandatory Non-Binding Arbitration Rules of Procedure” and shall be construed to secure the just, speedy and inexpensive determination of every proceeding. Specifically, this chapter applies to all proceedings for mandatory non-binding arbitration held pursuant to Sections 718.1255, 719.1255, and 718.117, F.S. This chapter does not apply to recall arbitrations commenced pursuant to Section 718.112(2)(j) or 719.106(1)(f), F.S.; recall arbitrations shall be governed by Chapter 61B-50, F.A.C.

(2) All petitions and other papers filed with the division shall be filed at the official headquarters of the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030. Arbitration orders may be obtained by accessing our online database at http://www.myfloridalicense.com/dbpr/lsc/ARB/LSCMHArbitrationResearch.html.

(3) In order to file a petition for arbitration of a dispute involving a plan of termination pursuant to Section 718.117, F.S., a petitioner must use DBPR Form ARB 6000-013, MANDATORY NONBINDING PETITION FORM FOR A TERMINATION DISPUTE, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-06657 and effective 5-16.

(4) In order to file a petition for arbitration involving any dispute governed by this chapter, other than a dispute involving a plan of termination pursuant to Section 718.117, F.S., a petitioner must use DBPR Form ARB 6000-001, MANDATORY NON-BINDING PETITION FORM, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-06660 and effective 7-4-04.

(5) In order for someone who is not a member of the Florida Bar to represent a party in a proceeding, the person must file a completed DBPR Form ARB 6000-002, QUALIFIED REPRESENTATIVE APPLICATION, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-06661 and effective 7-4-04.

(6) An answer to a petition for arbitration must be filed using DBPR Form ARB 6000-003, ANSWER TO PETITION, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-06662 and effective 4-30-98.

(7) A request for an expedited determination of whether jurisdiction exists to hear a particular dispute shall be filed using DBPR Form ARB 6000-004, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION, incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-07170 and effective 7-4-04.

(8) Copies of the forms referenced in these rules may be obtained online at http://www.myfloridalicense.com/dbpr/lsc/ARB/LSCMHArbitrationEducation.html or by writing to: Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, Attention: Arbitration Section, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.117(16), 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.001, Amended 6-19-96, 12-10-96, 2-17-98, 7-4-04, 7-20-16.

Fla. Admin. Code R. 61B-45.004 Who May Appear; Criteria for Other Qualified Representatives; Standards of Conduct

(1) Any person who appears before any arbitrator has the right, at that person’s own expense, to be accompanied, represented and advised by a member of the Florida Bar or by a qualified representative who does not need to be an attorney, but who shall demonstrate his or her familiarity with and understanding of the arbitration rules of procedure, and with any relevant portions of Chapter 718 or 719, F.S., and the rules promulgated by the Division.

(2) If a person wishes to be represented by a qualified non-attorney representative, he or she shall file with the arbitrator a completed DBPR form ARB96-002, QUALIFIED REPRESENTATIVE APPLICATION, incorporated in subsection 61B-45.001(3), F.A.C. Based on the information provided on the completed form, and based on the responses to any inquiries made by the arbitrator concerning the applicant’s familiarity and understanding of the statute and rules applicable to the proceeding, the arbitrator shall determine whether the prospective representative is authorized and qualified to appear in the arbitration proceedings and capable of representing the rights and interests of the person.

(3) Members of The Florida Bar and certified law students are bound by a broad code of ethics. For other qualified representatives, the following standards have been written. These standards of conduct are adopted as a mandatory guide for all representatives appearing in any arbitration proceeding, except counsel subject to the disciplinary procedures of The Florida Bar.

(4) Standards of Conduct.

(a) A representative shall exercise due diligence in the filing and argument of any motion or pleading to ensure that the motion or pleading is filed and argued in good faith.

(b) The signature of a representative upon any motion or pleading shall constitute a certificate that the representative has read the motion or pleading, that to the best of the representative’s knowledge it is supported by good grounds and that it has not been presented solely for delay.

(c) A representative shall advise the client to observe and to obey the law.

(d) A representative shall not:

1. Engage in conduct involving dishonesty, fraud, deceit or misrepresentation; or engage in conduct that is prejudicial to the administration of the arbitration process;

2. File a pleading, assert a position, conduct a defense, delay an arbitration proceeding or take other action on behalf of the client when such action would serve merely to harass or maliciously injure another;

3. Handle a legal or factual matter which the representative knows or should know that the representative is not competent to handle without associating an attorney or another qualified representative; or handle a legal or factual matter without adequate preparation;

4. State or imply that he or she is able to improperly influence the arbitrator or any agency or public official;

5. Communicate or cause another to communicate with an adverse party regarding matters at issue in the arbitration proceeding where the representative knows that the adverse party is represented by an attorney or other qualified representative;

6. Disregard or advise the client to disregard a rule or statute of an agency or a ruling of an arbitrator made in the course of an arbitration proceeding;

7. Conceal or knowingly fail to disclose that which one is bound to reveal by law;

8. Knowingly use perjured testimony or false evidence, or suppress any evidence that the representative or the client should produce;

9. Knowingly make a false statement of law or fact;

10. Advise or cause a person to secrete himself or leave the jurisdiction of any agency for the purpose of making the person unavailable as a witness therein; pay, offer to pay or acquiesce in the payment of compensation to a witness contingent upon the content of the witness’ testimony or the outcome of the case; counsel or advise a witness to provide other than honest testimony.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.004, Amended 6-19-96.

Fla. Admin. Code R. 61B-45.007 Communication with Arbitrator

(1) While a case is pending and within 15 days of entry of a final order, no party or other person directly or indirectly interested in an arbitration proceeding nor anyone authorized to act on behalf of a party or other interested person shall communicate verbally or in writing in the absence of all parties with an arbitrator or with the Department of Business and Professional Regulation relative to the merits of the arbitration proceeding, threaten an arbitrator, or offer an arbitrator any reward.

(2) An arbitrator who has received a communication prohibited by this rule, or who has received a threat or offer of reward by any person with respect to the conduct or outcome of a proceeding, shall place upon the record all written communications received, all written responses to such communications and a memorandum stating the substance of all oral communications received and all oral responses made, simultaneously serving all parties.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.007, Amended 6-19-96, 7-4-04.

Fla. Admin. Code R. 61B-45.009 Computation of Time; Service by Mail

(1) In computing any period of time prescribed or allowed for the filing or service (i.e., mailing) of any document, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday or legal holiday as prescribed by Section 110.117, F.S., in which event the period shall run until the end of the next business day. When the period of time allowed is 7 days or less, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

(2) Additional Time After Service By Mail. Unless otherwise ordered by the arbitrator, during the pendency of a case, when a party is required or permitted by these rules or by order of the arbitrator to do an act within a prescribed period after the service of a document and that document is served by regular U.S. mail, five days shall be added to the prescribed period. No additional time shall be added to the prescribed period if service is made by hand, facsimile transmission, or other electronic transmission. No additional time is added for filing a motion for rehearing that must be filed (e.g., received by the agency) within 15 days of entry of a final order, or a motion for costs and attorney’s fees that must be filed within 45 days of entry of the final order as required by Rule 61B-45.048, F.A.C., unless an appeal for trial de novo has been timely filed in the courts. Also, no additional time is added by operation of this rule for the filing of a complaint for trial de novo which must be filed in the courts within 30 days of the date of rendition of a final arbitration order as required by Section 718.1255(4)(k), F.S.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.009, Amended 6-19-96, 7-4-04.

Fla. Admin. Code R. 61B-45.010 Filing; Service of Papers; Signing

(1) Filing. Unless specifically ordered, every pleading or other paper filed in the proceedings, except the initial petition, shall also be served on each party. A pleading or other paper is considered “filed” when it is received by the division.

(2) Method and Proof of Service.

(a) When service is to be made upon a party represented by an attorney or by a qualified representative, service shall be made upon the attorney or representative unless service upon the party is ordered by the arbitrator. Service shall be made by delivering or mailing, by United States mail postage prepaid, a copy of the document to the attorney, representative, or party at that person’s last known address.

(b) Certificate of Service. When any attorney, representative, or unrepresented party signs a certificate of service such as the following, the certificate of service shall be taken as evidence of service in compliance with these rules:

“I certify that a copy hereof has been furnished to (here insert name or names and address or addresses) by U.S. mail this ____ day of __, 19.”

---

Signature

(3) Number of Copies. Only the original of all pleadings shall be filed with the arbitrator; no copies shall be filed. However, the original petition for arbitration shall be accompanied by one (1) copy for each named respondent.

(4) “Filing” shall mean receipt by the Division during normal business hours or by the arbitrator during the course of a hearing. Pleadings including the initial petition or other communications may be filed by regular hard copy or facsimile, and if filed by facsimile, a hard copy of the pleading or other communication need not be filed with the arbitrator; however, the party using facsimile filing bears the burden of ensuring that the pleading or other correspondence has actually been filed with the arbitrator. If a document is filed via facsimile, the facsimile confirmation sheet shall be evidence of the date on which the Division received the document. A facsimile copy is filed within the meaning of this rule when the facsimile copy of the document is received by the Division. No pleadings shall be faxed that exceed 30 pages in length including attachments. When a party files a facsimile document with the arbitrator, the party shall also provide a facsimile copy to the other party if the fax number is available. If a party desires to receive orders via e-mail, the party must provide its e-mail address to the arbitrator assigned to the case.

(5) Any pleading or other document received after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day.

(6) All pleadings and motions filed shall contain the following:

(a) The style of the proceeding involved;

(b) The docket number, if any;

(c) The name of the party on whose behalf the pleading is filed;

(d) The name, address, and telephone number of the person filing the pleading or motion;

(e) The signature of the person filing the pleading or motion; and

(f) A certificate of service attesting that copies have been furnished to other parties as required by subsection (2) of this rule.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.010, Amended 9-21-94, 12-20-95, 6-19-96, 7-4-04.

Fla. Admin. Code R. 61B-45.011 Motions; Temporary or Interim Injunctive or Emergency Relief

(1) An application to the arbitrator for an order shall be made by motion which shall be made in writing, unless made during a hearing, shall state in detail the grounds for the relief requested and shall set forth the relief or order sought. The arbitrator shall conduct such proceedings and make such orders as are deemed necessary to dispose of issues raised by motion. Other parties may, within 7 days of service of a written motion, file a written response in opposition to the motion.

(2) A party may, either with the original petition for arbitration, or any time before entry of a final order, file a motion for emergency relief or temporary injunction, which motion or accompanying argument shall demonstrate a clear legal right to the relief requested, that irreparable harm or injury exists or will result, that no adequate remedy at law exists, and that the relief or injunction would not be adverse to the public interest. An evidentiary hearing on a motion for emergency relief shall be scheduled and held as soon as possible after the filing of the motion and supporting petition for arbitration. The hearing will be held upon due notice after the petition for arbitration and motion are served on the opposing party and may be held prior to the filing of the answer.

(3) No temporary injunction shall be entered unless a bond is given by the movant in an amount the arbitrator upon testimony taken deems sufficient, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Formerly 7D-45.011, Amended 6-19-96, 12-10-96, 7-4-04.

Fla. Admin. Code R. 61B-45.013 Matters Eligible or Ineligible for Arbitration

(1) A “dispute” under Section 718.1255, F.S., includes a disagreement that involves use of a unit or the appurtenances thereto, including use of the common elements.

(2) Except for disputes involving the termination of a condominium, no controversy shall be accepted for arbitration under these rules where the controversy is between or among unit owners, or between or among a unit owner or unit owners and tenants, except where the association is a party and the dispute is otherwise eligible for arbitration. Except for disputes involving the termination of a condominium, the only disputes eligible for arbitration are those existing between a unit owner or owners and the association or its board of administration; however, pursuant to Rule 61B-45.015, F.A.C., a tenant shall be named as a party respondent where the subject matter of the dispute concerns a tenant. In addition, other unit owners having a particular interest in the proceeding shall be named as parties.

(3) Except as otherwise provided by Rule 61B-45.035, F.A.C., any party who has participated as a party in a prior arbitration, administrative or court hearing shall not be allowed, consistent with the principles of res judicata and collateral estoppel, to raise identical issues in a subsequent arbitration hearing.

(4) Where a controversy involves both matters eligible and ineligible for arbitration, the arbitrator shall determine by order whether the ineligible matters may properly be severed from the controversy so that the remaining eligible issues may be arbitrated.

(5) No petition shall be accepted for arbitration under these rules which involves issues which are moot, abstract, hypothetical, or otherwise lacking the requirements of a case or controversy; no dispute which is not a bona fide, actual and present dispute shall be accepted for arbitration.

(6) No petition shall be accepted for arbitration under these rules which alleges the failure by the association to enforce, or properly enforce, the condominium documents, unless the controversy otherwise constitutes a dispute as defined by Section 718.1255, F.S., and these rules.

(7) No petition shall be accepted for arbitration under these rules which alleges the failure of the association to properly repair, replace, or maintain the common elements, common areas, association property, or cooperative property unless the petition also alleges how the petitioner’s use of the common elements, common areas, association property, or cooperative property has been directly affected as a result of the alleged failure.

(8) No petition shall be accepted for arbitration under these rules unless it arises in a residential cooperative or condominium, and involves a residential unit or units; however, a petition will be accepted which arises in a nonresidential condominium, if the declaration provides for arbitration pursuant to Section 718.1255, F.S.

History

• Rulemaking Authority 718.1255(4), 719.1255 FS. Law Implemented 718.117(16), 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.013, Amended 9-21-94, 6-19-96, 2-22-15, 7-20-16.

Fla. Admin. Code R. 61B-45.015 Parties; Appearances; Substitution and Withdrawal of Counsel

(1) Parties in proceedings before the arbitrator are unit owners, associations, and tenants to the extent provided in subsection 61B-45.013(5), F.A.C. If the dispute involves a tenant, the tenant and the unit owner shall be named as party respondents. If the petition may directly affect the particular interests of a non-party unit owner, the unit owner shall be made a party to the proceeding. Parties shall be entitled to receive copies of all pleadings, motions, notices, orders and other matters filed in a proceeding. The party who files a petition shall be designated as the petitioner. The party who files an answer shall be designated as the respondent.

(2) Withdrawal of Counsel or Representative. An attorney or qualified representative who has filed a petition or has otherwise become an attorney or representative of record for any party to a proceeding under these rules shall remain attorney or representative of record in said cause and shall be permitted to withdraw from the cause only upon filing a notice with the arbitrator, which notice shall provide a correct mailing address for the client.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.015, Amended 9-21-94, 6-19-96.

Fla. Admin. Code R. 61B-45.016 Expedited Procedure for Determination of Jurisdiction

(1) Any party who is in doubt as to whether a controversy falls within the jurisdiction of the division may file with the division a completed DBPR Form ARB 6000-004, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION, incorporated in subsection 61B-45.001(7), F.A.C. A request for expedited determination of jurisdiction shall be accompanied by either a completed DBPR Form ARB 6000-001, MANDATORY NON-BINDING PETITION FORM or DBPR Form ARB 6000-013, MANDATORY NONBINDING PETITION FORM FOR A TERMINATION DISPUTE, incorporated in subsections 61B-45.001(3) and (4), F.A.C., which shall include the $50 filing fee provided by Section 718.1255, F.S.

(2) If the determination of jurisdiction is subject to reasonable dispute, within 10 days of the assignment of a request for relief pursuant to this rule, the arbitrator shall deliver by U.S. mail to all other persons involved with the dispute, a copy of the request for relief, and shall provide such persons an opportunity to serve a response on the issue of whether the dispute falls within the jurisdiction of the division.

(3) The arbitrator, within 20 days of receipt of the responses permitted by subsection (2) above, shall make a determination of whether the controversy falls within the jurisdiction of the division, and shall enter an appropriate order.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.117(16), 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.016, Amended 9-21-94, 6-19-96, 7-4-04, 7-20-16.

Fla. Admin. Code R. 61B-45.017 Initiation of Arbitration Proceedings; Content of Petition

(1) Initiation of arbitration proceedings shall be made by a unit owner or association filing the original petition for arbitration and one copy for each named respondent with the Division of Florida Condominiums, Timeshares, and Mobile Homes. All petitions shall be submitted on either a completed DBPR Form ARB 6000-001, MANDATORY NON-BINDING PETITION FORM or DBPR Form ARB 6000-013, MANDATORY NONBINDING PETITION FORM FOR A TERMINATION DISPUTE, as applicable and incorporated in subsections 61B-45.001(3) and (4), F.A.C. A fee of $50.00 shall be included with each petition for arbitration. A petition which is not accompanied by this fee shall not be processed. Once a petition and the filing fee is received by the division for filing, the fee cannot be refunded.

(2) If a person other than an attorney files a petition or other pleading as a representative of a party, that person shall simultaneously file a completed DBPR Form ARB 6000-002, QUALIFIED REPRESENTATIVE APPLICATION, incorporated in subsection 61B-45.001(5), F.A.C.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.117(16), 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.017, Amended 9-21-94, 12-20-95, 6-19-96, 2-17-98, 7-20-16.

Fla. Admin. Code R. 61B-45.018 Processing of Arbitration Petitions; Notification to Parties

(1) If, upon receipt of a petition for arbitration, the filing fee required by Section 718.1255, F.S., is not included, the division shall return the petition to the sender with an explanation for its return.

(2) After assignment of a petition for arbitration, the arbitrator shall make a preliminary determination on whether the controversy described in the petition falls within the jurisdiction of the division and whether the petition complies with Rule 61B-45.017, F.A.C.

(3) If the controversy falls within the jurisdiction of the division and the petition complies with Rule 61B-45.017, F.A.C., the arbitrator shall so notify the petitioner and shall proceed as set forth in subsection (5) below. The arbitrator shall reject a petition if it is determined to be outside the jurisdiction of the division.

(4) If the petition fails to comply with Rule 61B-45.017, F.A.C., the arbitrator shall enter an order requiring petitioner to amend the petition to comply with Rule 61B-45.017, F.A.C. The arbitrator shall reject a petition for noncompliance with Rule 61B-45.017, F.A.C.

(5) If the arbitrator preliminarily determines the dispute to fall within the jurisdiction of the division and determines that the petition complies with Rule 61B-45.017, F.A.C., the arbitrator shall by United States certified mail or personal service provide the respondent with a copy of the petition and an order requiring respondent to file an answer.

(6) For petitions involving a plan of termination pursuant to Section 718.117, F.S., after 90 days from the date the petition states that the challenged termination plan was recorded in the public records of the county in which the condominium is located, the arbitrator shall serve the respondent(s) with a copy of the petition and an order requiring respondent to file an answer.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.117(16), 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.018, Amended 9-21-94, 6-19-96, 2-17-98, 7-20-16.

Fla. Admin. Code R. 61B-45.019 Answer and Defenses

(1) After a petition for arbitration is filed and assigned to an arbitrator, the respondent will be mailed a copy of the petition by the arbitrator, and will be given an opportunity to answer the petition. Unless a shorter time is ordered by the arbitrator in cases where the health, safety, or welfare of the resident(s) of a community is alleged to be endangered, a respondent shall file the answer with the arbitrator, and shall mail a copy to the petitioner, within 20 days after receipt of the petition. The answer shall include all defenses and objections, and shall be filed on DBPR form ARB96-003, ANSWER TO PETITION, incorporated in subsection 61B-45.001(3), F.A.C. The answer shall not include a request for relief (counterclaim) against the petitioner. Any claim or request for relief must be filed as a new petition following the procedure provided in Rule 61B-45.017, F.A.C.

(2) The service of any motion under these rules does not alter the period of time in which to file an answer, except that service of a motion in opposition to the petition postpones the time for filing of the answer until 20 days after the arbitrator’s ruling on the motion. The following defenses shall be made by motion in opposition to the petition:

(a) Lack of jurisdiction over the subject matter,

(b) Lack of jurisdiction over the person,

(c) Insufficiency of process,

(d) Insufficiency of service of process,

(e) Failure to state a cause of action, and

(f) Failure to join indispensable parties.

A motion making any of these defenses shall be made before the filing of the answer. The grounds on which any of the enumerated defenses are based and the substantial matters of law intended to be argued shall be stated specifically and with particularity in the responsive pleading or motion. Any ground not stated in the motion shall be deemed to be waived except any ground showing that the division lacks jurisdiction of the subject matter may be made at any time.

(3) Every defense in law or fact to a claim for relief in a petition shall be asserted in the answer. Unless otherwise determined by the arbitrator, any ground or defense not stated in the answer shall be deemed to be waived except any ground showing that the arbitrator lacks jurisdiction of the subject matter. Each defense shall be separately stated and shall include an identification of all facts upon which the defense is based. The defense of selective enforcement shall contain all examples of selective enforcement upon which the respondent depends, shall indicate the unit(s) to which each example pertains, shall identify the unit owner(s), how long the violation has existed, and shall indicate whether the board knew of the existence of the violation(s). The defense that the petitioner has failed to provide the pre-arbitration notice required by Section 718.1255, F.S., is deemed waived if not asserted by motion to dismiss set forth in subsection (2) above or in the answer.

(4) An answer shall separately identify all facts contained in the petition which the respondent disputes, or shall in the alternative state that no disputed facts exist. All facts not specifically denied shall be deemed admitted. A general denial does not satisfy the requirements of this paragraph. Any answer which fails to comply with this requirement shall be stricken.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.019, Amended 9-21-94, 6-19-96, 7-4-04.

Fla. Admin. Code R. 61B-45.020 Defaults and Final Orders on Default

(1) When a party fails to file or serve any responsive document in the action or has failed to follow these rules or a lawful order of the arbitrator, the arbitrator shall enter a default against the party where the failure is deemed willful, intentional, or a result of neglect. No service need be made on parties against whom a default has been entered, except that pleadings asserting new or additional claims against them shall be served in the manner provided for service of the original petition for arbitration.

(2) Final Order. Final orders after default may be entered by the arbitrator at any time. The arbitrator shall receive affidavits as necessary to determine damages.

(3) Setting Aside Default. If a final order after default has been entered, the arbitrator may set it aside for reasons of excusable neglect, mistake, surprise, or inadvertence. A motion setting aside the final order after default must be made within a reasonable time not to exceed 1 year after the final order was entered.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.020, Amended 6-19-96, 12-10-96, 7-4-04.

Fla. Admin. Code R. 61B-45.024 Discovery

(1) It is intended that the discovery process shall be used sparingly and only for the discovery of those things which are necessary for the proper disposition of the petition. Parties may obtain discovery only upon the prior approval of the arbitrator. A motion to conduct discovery shall describe with specificity the subject matter of the discovery and the method(s) by which discovery will be sought. The arbitrator may issue appropriate orders to effectuate the purposes of discovery and to prevent delay.

(2) Except as may be modified herein, parties may obtain discovery through the means and in the manner provided in Rules 1.280 through 1.390, Florida Rules of Civil Procedure. However, a unit owner desiring to obtain copies of official association records for use in the proceeding shall utilize the owner’s right of access to the official records as provided by Section 718.111(12), F.S., in lieu of formal discovery.

(3) A party may seek enforcement of an order directing discovery by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the order resides.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.024, Amended 9-21-94, 6-19-96, 7-4-04.

Fla. Admin. Code R. 61B-45.025 Subpoenas and Witnesses; Fees

(1) A subpoena requiring the attendance of witnesses or the production of documents, whether for purposes of discovery or for purposes of a final hearing, may be served by any person authorized by law to serve process or by any person who is not a party and who is of majority age, as provided in Rule 1.410., Florida Rules of Civil Procedure, (1996), or as that rule may subsequently be renumbered. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so.

(2) All witnesses, other than public employees subpoenaed to appear in their official capacity, appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as set forth in Section 92.142, F.S., (1996), or as that statute may subsequently be renumbered. In the case of a public employee, such expenses shall be processed and paid in the manner provided for agency employee travel expense reimbursement; and, in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.025, Amended 6-19-96.

Fla. Admin. Code R. 61B-45.030 Summary Disposition; Simplified Arbitration Procedure; No Disputed Issues of Material Fact

(1) Any dispute which does not involve a disputed issue of material fact as shown by the answer, prehearing stipulation, or otherwise, shall be arbitrated as provided in this rule.

(2) At any time after the filing of the petition and answer, if any, and if no disputed issues of material fact exist, the arbitrator shall summarily enter a final order denying relief pursuant to the petition if the arbitrator finds that no preliminary basis for relief has been demonstrated in the petition.

(3) At any time after the filing of the answer, and if no disputed issues of material fact exist, the arbitrator shall summarily enter a final order awarding relief if the arbitrator finds that no meritorious defense exists, and that the petition is otherwise appropriate for relief.

(4) No formal evidentiary hearing as described by Rule 61B-45.039, F.A.C., shall be conducted for arbitrations determined pursuant to this rule. The arbitrator shall decide the dispute solely upon the pleadings and evidence filed by the parties.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.030, Amended 6-19-96.

Fla. Admin. Code R. 61B-45.033 Notice of Final Hearing; Scheduling; Venue; Continuances

(1) The arbitrator shall set the time and place for all final hearings. The arbitrator shall serve written notice of the final hearing by regular mail on all parties of record.

(2) Whenever possible, hearings shall be held by telephone conference call or at the place most convenient to all parties and witnesses as determined by the arbitrator.

(3) In the arbitrator’s discretion, a continuance of a hearing may be granted for good cause shown. Requests for continuance shall be made in writing. Except in cases of emergency, requests for continuance must be made at least 10 days prior to the date noticed for the final hearing.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.033, Amended 6-19-96, 7-4-04.

Fla. Admin. Code R. 61B-45.035 Withdrawal or Voluntary Dismissal of Petition; Settlement

(1) A petitioner may withdraw or voluntarily dismiss the petition for arbitration at any time. Such withdrawal or dismissal shall be in writing directed to the arbitrator and shall be without prejudice to refiling. No withdrawal or voluntary dismissal of a petition shall operate as an automatic withdrawal or dismissal of any other claim or petition pending in that case.

(2) Withdrawal or voluntary dismissal of the petition for arbitration shall not constitute exhaustion of administrative remedies or otherwise relieve the petitioner of the requirement of arbitration prior to resort to the courts as provided by Section 718.1255(4)(a) or 719.1255, F.S.

(3) The petitioner may request that the arbitration be dismissed based on a settlement of the dispute. Except as otherwise provided by subsection 61B-45.048(8), F.A.C., or by the terms of a settlement agreement, the settlement of a dispute shall not preclude the filing of a petition for costs and attorney’s fees pursuant to Rule 61B-45.048, F.A.C.

(4) Where a party undertakes corrective action in the case which ends the dispute between the parties, such as removing an unapproved pet or tenant, that party shall immediately notify the arbitrator of the action taken.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.035, Amended 9-21-94, 6-19-96, 7-4-04.

Fla. Admin. Code R. 61B-45.036 Conduct of Proceedings by Arbitrator

(1) The failure or refusal of a petitioner to comply with any lawful order of the arbitrator or with a provision of these rules shall result in a dismissal of the petition or individual claims or imposition of costs and attorney’s fees, or both, as appropriate, where such failure is deemed willful, intentional, or a result of neglect. The dismissal of any petition pursuant to this rule shall not be considered a decision on the merits of the petition.

(2) The failure or refusal of a respondent to comply with any lawful order of the arbitrator or with a provision of these rules shall result in the striking of the answer or individual defenses or imposition of costs and attorney’s fees, or both, as appropriate.

(3) The arbitrator may without the agreement of the parties, conduct any proceeding permitted under these rules, including a motion hearing, by telephone conference.

(4) At any time after a petition has been filed, with the division for arbitration, the arbitrator may direct the parties to confer for the purpose of clarifying and simplifying issues, discussing the possibility of settlement, examining documents and other exhibits, exchanging names and addresses of witnesses, resolving other procedural matters, and entering into a prehearing stipulation.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Formerly 7D-45.036, Amended 6-19-96, 2-17-98.

Fla. Admin. Code R. 61B-45.0365 Non-Final Orders

(1) The presiding arbitrator before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case.

(2) When a case is placed in abeyance or abated by a non-final order, no filing fee is necessary to reopen the case or otherwise proceed with the matter.

History

• Rulemaking Authority 718.1255(4), 718.1255(4)(i) FS. Law Implemented 718.1255(3)(c), 718.1255(4)(i) FS. History–New 9-22-14.

Fla. Admin. Code R. 61B-45.037 Stenographic Record and Transcript

(1) Any party wishing a stenographic record shall make such arrangements directly with the court reporter and shall notify the other parties of such arrangements in advance of the hearing. The requesting party or parties shall pay the cost of such record.

(2) Any party may have a stenographic record and transcript made of the final hearing at the party’s own expense. The record transcript may be used in subsequent legal proceedings subject to the applicable rules of evidence.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.037.

Fla. Admin. Code R. 61B-45.039 Conduct of Formal Hearing; Evidence

(1) Hearings shall be open to the public. However, the arbitrator shall exclude any observer, witness or party who is disruptive to the conduct of the hearing.

(2) Each party shall have the right to present evidence, cross-examine the other party’s witnesses, enter objections, and to rebut the evidence presented against the party.

(3) The arbitrator is authorized to administer oaths. Oral testimony shall be taken only upon oath or affirmation.

(4) Unless otherwise ordered by the arbitrator, the petitioner shall present its evidence and witnesses, then the respondent shall present its evidence and witnesses.

(5) Evidence.

(a) An arbitration proceeding is less formal than a court proceeding, and the formal rules of evidence applicable to court proceedings do not generally apply. Any relevant evidence shall be admitted if it is the kind of evidence on which reasonable, prudent persons rely in the conduct of their affairs. Reliable, relevant evidence may be presented by the parties. Facts are to be proved through the testimony of witnesses under oath at the final hearing and through documents admitted into evidence at the request of a party. Hearsay evidence (i.e., statements not made at the final hearing under oath) may be used to supplement or explain other evidence, but shall not be sufficient in itself to support a finding, unless the hearsay evidence would be admissible over objection in a civil action. The rules of privilege shall be effective to the same extent that they are recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.

(b) All exhibits shall be identified as petitioner’s exhibits, respondent’s exhibits, or as joint exhibits and shall be so marked in the order received and made a part of the record.

(c) Documentary evidence may be received in the form of a photocopy.

(6) The arbitrator shall afford the parties an opportunity to submit proposed findings of fact, conclusions of law, and proposed orders, or legal briefs or memoranda on the issues, within a time designated by the arbitrator after the final hearing.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.039, Amended 9-21-94, 6-19-96.

Fla. Admin. Code R. 61B-45.043 Final Orders; Appeals; Stays

(1) Unless waived, a final order shall be entered within 45 days after the hearing, receipt by the arbitrator of the hearing transcript if one is timely filed, or receipt of any post-hearing memoranda, whichever is applicable. The final order shall be in writing and shall include a statement of any award or remedy. Failure to render a decision within such time period shall not invalidate the decision.

(2) The final order shall be mailed to the parties, if unrepresented, or to their counsel or other qualified representative of record by regular U.S. mail. The final order shall include a certificate of service which shall show the date of mailing of the final order to the parties. The date of mailing of the final order shall be the date used to calculate the deadline for appeal by trial de novo.

(3) The final order shall include notice of the right to initiate judicial proceedings under Section 718.1255 or 719.1255, F.S.

(4) The decision shall be final and binding upon the parties, unless judicial proceedings are initiated pursuant to Section 718.1255 or 719.1255, F.S.

(5) The arbitrator in the final order may grant mandatory or prohibitory relief, monetary damages, declaratory relief, or any other remedy or relief which is deemed just and equitable. However, no final order may include the imposition of a civil penalty pursuant to Section 718.501 or 719.501, F.S.

(6) In reaching a decision, the arbitrator may take official notice of and find as true without proof, any fact which may be judicially noticed by the courts of this state, including any arbitration final order or any final order of the division involving a similar or related issue.

(7) A final order of the arbitrator does not constitute final agency action and therefore is not appealable to the district courts of appeal as otherwise provided by Section 120.68, F.S., and Rule 9.110, Florida Rules of Appellate Procedure. Appeals, if taken, shall be by trial de novo as described in subsection (4) above.

(8) The arbitrator, the division, and the Department of Business and Professional Regulation are not necessary parties in judicial proceedings relating to the arbitration, including appeals by trial de novo and actions seeking enforcement of final orders.

(9) A final or nonfinal order is effective upon its issuance unless a stay has been issued. A party who appeals from an order seeking to stay a final or nonfinal order may, within 30 days of issuance of a final or nonfinal order from which an appeal is sought, file a motion to stay with the arbitrator who shall have continuing jurisdiction to grant, modify, or deny such request for relief.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.043, Amended 9-21-94, 12-20-95, 6-19-96, 12-10-96, 7-4-04.

Fla. Admin. Code R. 61B-45.044 Motions for Rehearing

(1) A motion for rehearing may be filed within 15 days after the date of entry of the final order. The motion shall state with particularity the points of law or fact that the arbitrator has overlooked or misapprehended and shall not reargue the merits of the final order. Any response to the motion must be filed within 10 days of service of the motion.

(2) The arbitrator shall not modify the substance of the final order except upon a showing that the decision is based on a clear error of law or fact. A motion that is timely filed pursuant to this rule shall suspend the operation of the final order, and the time for filing a complaint for trial de novo, a motion seeking to recover prevailing party costs and attorney’s fees, or a petition for enforcement under Sections 718.1255 and 719.1255, F.S., shall not commence until the arbitrator either denies the motion or enters an amended final order. An untimely filed motion for rehearing does not toll or otherwise stop the time provided for the filing of a motion for prevailing party costs and attorney’s fees or the time provided for the filing of a petition for trial de novo in the courts.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.044, Amended 9-21-94, 6-19-96, 7-4-04.

Fla. Admin. Code R. 61B-45.048 Claim for Costs and Attorney’s Fees

(1) Any party seeking an award of costs and attorney’s fees must request the award in writing prior to the rendition of the final order.

(2) A prevailing party seeking an award of costs and attorney’s fees shall file a motion seeking the award not later than 45 days after rendition of the final order, except that if an appeal by trial de novo has been timely filed in the courts, a motion seeking prevailing party costs and attorney’s fees must be filed within 45 days following the conclusion of that appeal and any subsequent appeal. The motion is considered “filed” when it is received by the division. The motion shall:

(a) State the basis for the petition and the total attorney’s fees and costs that are claimed;

(b) Specify the hourly rate claimed;

(c) Include an affidavit by the attorney who performed the work that:

1. States the number of years in which the attorney has been practicing law,

2. Indicates each activity for which compensation is sought, and

3. States the time spent on each activity.

In a case involving multiple issues which are separate and distinct from each other, the affidavit shall identify the specific issue for which each activity was performed.

(d) If an award of costs is sought, attach receipts or other documents that provide evidence of the costs claimed. The arbitrators shall follow Florida case law and the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions in awarding costs. The cost of personal service by an authorized process server is only a recoverable cost if such personal service is either authorized or required by the arbitrator. The cost of attending a hearing by a court reporter is a recoverable cost; the cost of preparing a transcript of the hearing is only a recoverable cost if the transcript, or a portion thereof, is filed with the arbitrator prior to rendition of the final order.

(3) The failure of a party to timely file a motion complying with this rule or to timely plead for or request attorney’s fees shall preclude the party from recovering its costs and attorney’s fees incurred in the arbitration.

(4) The parties on whom a motion for costs and attorney’s fees is served shall have 20 days from receipt of the motion in which to file a response to the motion with the arbitrator.

(5) A final order on the motion for attorney’s fees or costs shall be entered in the manner and within the time prescribed by Rule 61B-45.043, F.A.C. In determining a reasonable hourly fee and a reasonable total award of costs and attorney’s fees, the arbitrator is not required to conduct any hearing or proceedings or to seek or consider expert advice or testimony.

(6) Any proceeding seeking costs and attorney’s fees shall be stayed if a party to that proceeding has timely filed a complaint for trial de novo. The party filing the complaint for trial de novo shall notify the arbitrator that such complaint has been filed. The stay shall be in force and effect until the conclusion of that litigation and any subsequent appeal.

(7) The prevailing party in a proceeding brought pursuant to Section 718.1255, F.S., is entitled to an award of reasonable costs and attorney’s fees. A prevailing party is a party that obtained a benefit from the proceeding and includes a party where the opposing party has voluntarily provided the relief requested in the petition, in which case it is deemed that the relief was provided in response to the filing of the petition. Where a respondent has provided the relief sought by the petitioner prior to the filing of the petition and service on the respondent of the order requiring answer and copy of the petition, the petitioner under these circumstances is not deemed to be a prevailing party and is not entitled to an award of reasonable costs and attorney’s fees. The factors to be considered by the arbitrator in determining a reasonable attorney’s fees include the following:

(a) The time and labor required, the novelty and difficulty of the question involved, and the skill requisite to perform the legal service properly;

(b) The likelihood that the acceptance of the particular employment will preclude other employment by the attorney;

(c) The fee customarily charged in the locality for similar legal services;

(d) The amount involved and the results obtained;

(e) The time limitations imposed by the client or by the circumstances;

(f) The nature and length of the professional relationship with the client; and

(g) The experience, reputation, and ability of the attorney or attorneys performing the services.

History

• Rulemaking Authority 718.1255, 719.1255 FS. Law Implemented 718.1255, 719.1255 FS. History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.048, Amended 9-21-94, 6-19-96, 2-17-98, 7-4-04.

Chapter 61B-50 THE RULES OF PROCEDURE GOVERNING RECALL ARBITRATION

Fla. Admin. Code R. 61B-50.101 Scope, Organization, Procedure, and Title

(1) This chapter shall be entitled “The Rules of Procedure Governing Recall Arbitration” and shall govern the arbitration of a recall of one or more members of a board of administration of a condominium, cooperative, or mobile home homeowners’ association. These rules shall be construed to secure the just, speedy and inexpensive determination of every proceeding. Specifically, this chapter applies to all proceedings held pursuant to Section 718.112(2)(j), 719.106(1)(f) or 723.078(2)(i), F.S. The provisions of Chapter 682, F.S., and Chapter 61B-45, F.A.C., do not apply.

(2) All petitions and other papers filed with the division for recall arbitration pursuant to Sections 718.112(2)(j), 719.106(1)(f) and 723.078(2)(i), F.S., and these rules, shall be filed at the official headquarters of the Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, Attention: Arbitration Division, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f), 723.1255 FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 719.1255, 723.078(2)(i) FS. History–New 7-1-82, Formerly 7D-50.01, Amended 7-27-88, Formerly 7D-50.001, Amended 1-17-93, Formerly 7D-50.101, Amended 1-19-97, 6-24-04, 3-2-16.

Fla. Admin. Code R. 61B-50.105 Initiation of Recall Arbitration

(1) When one or more members of a board of administration of a condominium, cooperative, or mobile homeowners’ association have been recalled, the board of administration may initiate a recall arbitration by filing a petition for recall arbitration with the division, as follows:

(a) Recall at a Unit Owner or Member Meeting. Where the unit owners or members attempt to recall one or more members of a board at a unit owner or member meeting, and the board does not certify the recall, the board shall file a petition for arbitration with the division within five full business days after adjournment of the board meeting at which the board determined not to certify the recall.

(b) Recall by Written Agreement. Where the unit owners or members attempt to recall one or more members of a board by written agreement of a majority of the voting interests, and the board does not certify the written agreement to recall, the board shall file a petition for arbitration with the division within five full business days after adjournment of the board meeting at which the board determined not to certify the written agreement to recall.

(2) The time periods contained in Section 718.112(2)(j), 719.106(1)(f) and 723.078(2)(i), F.S., operate, for purposes of these arbitration rules and not for enforcement purposes under Sections 718.501, 719.501 or 723.005, F.S., in the manner of statutes of limitation and are therefore subject to equitable considerations. However, where the board fails to timely comply with these rules relating to the filing of the petition for recall arbitration, the board must provide legitimate justification and must demonstrate that its actions or inactions were taken or based in good faith. The board’s claims of excusable neglect or the inability to identify defects in the recall effort within the time provided, or other unremarkable excuses will not be considered as proper defenses. The failure of an association to timely file a petition for recall arbitration within the time limits imposed under these rules or Chapters 718, 719 and 723, F.S., will result in the certification of the recall and the immediate removal of the board members subject to recall; however, the failure of the association to timely file a petition for recall arbitration will not validate a written recall that is otherwise void at the outset for failing to obtain a majority of the voting interests or is deemed fatally defective for failing to substantially comply with the provisions of Rules 61B-23.0028, 61B-75.008 or 61B-33.003, F.A.C.

(3) Only the board of an association may file a petition for recall arbitration. Where the board fails to file a petition for recall arbitration as required by these rules and Chapters 718, 719 and 723, F.S., the unit owners or members seeking to challenge the board’s decision not to file for recall arbitration may file a petition for arbitration pursuant to Section 718.1255(1)(b), 719.1255 or 723.1255, F.S.

(4) Form of Petition. The term “petition” as used in this rule includes any application or other document that expresses a request for arbitration of a recall of one or more board members. The petition shall comply with the provisions of this rule, and be printed, typewritten or otherwise duplicated in legible form on one side of the paper only with lines double-spaced.

(5) All petitions for arbitration of a recall shall be signed by either a duly authorized board member, a member of the Florida Bar, or a qualified representative who has been retained by the board. Each petition shall contain:

(a) The name and address of the association and the number of voting interests;

(b) The name or names of the board member or members who were recalled;

(c) The name and address of the unit owner or member representative selected, pursuant to subparagraph 61B-23.0027(3)(b)2., paragraph 61B-23.0028(1)(f), subparagraph 61B-75.007(3)(b)2., paragraph 61B-75.008(1)(f), subparagraph 61B-33.002(3)(b)1. or paragraph 61B-33.003(1)(f), F.A.C., to receive pleadings, notices, or other papers on behalf of the recalling unit owners or members;

(d) A statement of whether the recall was by vote at a meeting of the membership or by written agreement;

(e) If the recall was by vote at a meeting, the petition shall state the date of the meeting of the membership and the time the meeting was adjourned; if the recall was by written agreement, the petition shall state the date and time of receipt of the written agreement by the board, and a copy of the written agreement to recall shall be attached to the petition;

(f) The date of the board meeting at which the board determined not to certify the recall, and the time the meeting was called to order and adjourned;

(g) A copy of the minutes of the board meeting at which the board determined not to certify the recall;

(h) Each specific basis upon which the board based its determination not to certify the recall, including the unit or mobile home lot number and specific defect to which each challenge applies. Any specific reason upon which the board bases its decision not to certify the recall that is stated in the petition for recall arbitration, but absent from the board meeting minutes or attachments thereto, shall be ineffective and shall not be considered by the arbitrator. A board member may be recalled with or without cause. The fact that a unit owner or member may have received misinformation is not a valid basis for rejecting a recall agreement and shall not be considered by the arbitrator;

(i) Any relevant sections of the bylaws, articles of incorporation, the declaration of condominium, cooperative documents, and rules, including all amendments thereto, as well as any or other documents which are pertinent to the petition; and

(j) Any other information which the petitioner contends is material.

(6) If, during the pendency of a recall arbitration, the unit owners in the condominium, cooperative, or members in the mobile home homeowners’ association attempt another recall effort and the board files another petition for arbitration, the newly filed petition shall be consolidated with the pending case.

(7) Upon receipt and review of a petition for arbitration of a recall of one or more board members, the division shall either accept or deny the petition. If the petition is accepted, within 10 days the arbitrator shall serve the respondent unit owners or members by mailing a copy of the petition and an order allowing answer by United States certified mail to the representative of the recalling unit owners or members identified in the petition.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f), 723.1255 FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 719.1255, 723.078(2)(i) FS. History–New 1-17-93, Formerly 7D-50.105, Amended 11-15-95, 6-24-04, 3-2-16.

Fla. Admin. Code R. 61B-50.106 Computation of Time

(1) In computing the five full business days prescribed by Sections 718.112(2)(j), 719.106(1)(f) and 723.078(2)(i), F.S., and these rules, the day of the act from which the period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday or legal holiday as prescribed by Section 110.117, F.S., in which event the period shall run until the end of the next business day.

(2) Additional Time After Service By Mail. Unless otherwise ordered by the arbitrator, during the pendency of a case, when a party is required or permitted by these rules or by order of the arbitrator to do an act within a prescribed period after the service of a paper upon that party and the paper is served by regular United States mail, five days shall be added to the prescribed period. This provision does not apply to the filing of the petition for recall arbitration. No additional time shall be added to the prescribed period if service is made by hand, facsimile transmission, or other electronic transmission.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f), 723.1255 FS. Law Implemented 718.112(2)(j), 719.106(1)(f), 723.078(2)(i) FS. History–New 7-1-82, Formerly 7D-50.02, 7D-50.002, Amended 1-17-93, Formerly 7D-50.106, Amended 11-15-95, 6-24-04, 3-2-16.

Fla. Admin. Code R. 61B-50.107 Parties

(1) Parties in any proceeding conducted in accordance with Section 718.112(2)(j), 719.106(1)(f) or 723.078(2)(i), F.S., are petitioners or respondents.

(2) The petitioner shall be the board of administration of an association that files a petition for binding arbitration of a recall of one or more members of the board.

(3) The respondent shall be the group of members of an association who voted at a meeting, or who executed a written agreement, to recall one or more members of the board.

(4) All parties shall receive copies of all pleadings, motions, notices, orders, and other matters filed in arbitration proceedings in the manner provided by Rule 61B-50.115, F.A.C.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f), 723.1255 FS. Law Implemented 718.112(2)(j), 719.106(1)(f), 723.078(2)(i) FS. History–New 7-1-82, Formerly 7D-50.03, Amended 7-27-88, Formerly 7D-50.003, Amended 1-17-93, Formerly 7D-50.107, Amended 6-24-04, 3-2-16.

Fla. Admin. Code R. 61B-50.108 Who May Appear; Criteria for Other Qualified Representatives

(1) Any person who appears before an arbitrator has the right, at that person’s own expense, to be accompanied, represented and advised by a member of the Florida Bar or by a qualified representative who is not a member of the Florida Bar, but who shall demonstrate his or her familiarity with and understanding of the arbitration rules of procedure, and with any relevant portions of Chapter 718, 719 or 723, F.S., and the rules promulgated by the Division.

(2) If a person wishes to be represented by a qualified non-attorney representative, the arbitrator shall make diligent inquiry of the prospective representative during a non-adversarial proceeding, under oath, to assure that the prospective representative is qualified to appear in the arbitration proceedings and is capable of representing the rights and interests of the person. In lieu of the above, the arbitrator may consider the prospective representative’s sworn affidavit setting forth the representative’s qualifications.

(3) If the arbitrator is satisfied that the prospective non-attorney representative has the necessary qualifications to render competent and responsible representation of the unit owner’s or member’s interest in a manner that will not impair the fairness of the proceedings or the correctness of the action to be taken, the arbitrator shall authorize the prospective non-attorney representative to appear in the pending arbitration.

(4) The arbitrator shall make a determination of the qualifications of the prospective non-attorney representative in light of the nature, scope and extent of the proceedings, the proposed representation, the applicable federal and state laws, rules and regulations, and the factual and legal issues to be presented during the arbitration proceeding. (The prospective non-attorney representative shall not, however, be required to disclose facts and legal theories to the prejudice of his client.) In determining the qualifications of a prospective non-attorney representative, the arbitrator shall consider the following criteria to the extent they are relevant, material, and applicable to the proceeding:

(a) The prospective representative’s knowledge of jurisdiction and supportive legal authority to file the initial petition;

(b) The knowledge or experience of the prospective representative regarding Chapter 61B-50, F.A.C., The Rules of Procedure Governing Recall Arbitration, Section 718.112(2)(j), 719.106(1)(f) or 723.078(2)(i), F.S., and the scope and remedies of the arbitration process;

(c) The knowledge or experience of the prospective representative regarding the application and interpretation of the Florida Rules of Civil Procedure as they relate to discovery in an arbitration proceeding;

(d) The knowledge or experience of the prospective representative regarding the rules of evidence, including the concept of hearsay and its use in an arbitration proceeding;

(e) The knowledge or experience of the prospective representative regarding the statutes of rules which may be at issue;

(f) The educational background, training or work experience of the prospective representative relevant to the subject matter involved in the proceeding;

(g) The relationship of the prospective representative to the person, and the need of the person to have a representative speak on the person’s behalf; and

(h) Any other matters which are deemed relevant and material by the arbitrator.

(5) A representative named in the initial petition or who has filed a notice of appearance shall remain the representative of record and shall receive pleadings and continue in a representative capacity until the representative's withdrawal has been approved in writing by the arbitrator.

(6) Any successor or associated attorney or other non-attorney representative shall file a notice of appearance prior to, or at the time of, the filing of any pleading with, or appearance before, the arbitrator.

(7) Members of the Florida Bar and certified law students are bound by the Rules of Professional Conduct of the Rules Regulating the Florida Bar. For other qualified representatives, the following standards have been written. These standards of conduct are adopted as a mandatory guide for all representatives, including unit owner and member representatives chosen pursuant to subparagraph 61B-23.0027(3)(b)2., paragraph 61B-23.0028(1)(f), subparagraph 61B-75.007(3)(b)2., paragraph 61B-75.008(1)(f), subparagraph 61B-33.002(3)(b)1. or paragraph 61B-33.003(1)(f), F.A.C., appearing in any arbitration proceeding, except counsel subject to disciplinary procedures of the Florida Bar.

(8) Standards of Conduct.

(a) A representative shall exercise due diligence in the filing and argument of any motion or pleading. All motions or pleadings shall be filed and argued in good faith.

(b) The signature of a representative upon any motion or pleading shall constitute a certificate that the representative has read the motion or pleading, that to the best of the representative’s knowledge it is supported by good faith grounds and that it has not been presented solely for the purpose of delay.

(c) A representative shall advise the client to observe and to obey the law.

(d) A representative shall not:

1. Engage in conduct involving dishonesty, fraud, deceit or misrepresentation; or engage in conduct that is prejudicial to the administration of the arbitration process;

2. File a pleading, assert a position, conduct a defense, delay an arbitration proceeding or take other action on behalf of the client when such action would serve merely to harass or maliciously injure another;

3. Handle a legal or factual matter which the representative knows or should know that the representative is not competent to handle without associating an attorney or another qualified representative; or handle a legal or factual matter without adequate preparation;

4. State or imply that he or she is able to improperly influence the arbitrator or any agency or public official;

5. Communicate or cause another to communicate with an adverse party regarding matters at issue in the arbitration proceeding where the representative knows that the adverse party is represented by an attorney or other qualified representative;

6. Disregard or advise the client to disregard a rule or statute of an agency or a ruling of an arbitrator made in the course of an arbitration proceeding;

7. Conceal or knowingly fail to disclose that which one is bound to reveal by law;

8. Knowingly use perjured testimony or false evidence, or withhold any evidence that the representative or the client should produce;

9. Knowingly make a false statement of law or fact;

10. Advise or cause a person to secret himself or leave the jurisdiction of any agency for the purpose of making the person unavailable as a witness therein; pay, offer to pay or acquiesce in the payment of compensation to a witness contingent upon the content of the witness’s testimony or the outcome of the case; counsel or advise a witness to provide other than honest testimony.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f), 723.1255 FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 719.1255, 723.078(2)(i) FS. History–New 7-1-82, Formerly 7D-50.04, Amended 7-27-88, Formerly 7D-50.004, Amended 1-17-93, Formerly 7D-50.108, Amended 2-13-97, 6-24-04, 3-2-16.

Fla. Admin. Code R. 61B-50.110 Communication with an Arbitrator

(1) While a case is pending, no party or other person directly or indirectly interested in an arbitration proceeding nor anyone authorized to act on behalf of a party or other interested person shall communicate verbally or in writing in the absence of all parties with an arbitrator or with the Department of Business and Professional Regulation concerning the merits of the arbitration proceeding, threaten an arbitrator, or offer an arbitrator any reward with respect to the conduct or outcome of a proceeding.

(2) An arbitrator who has received a communication prohibited by this rule, or who has received a threat or offer of reward by any person with respect to the conduct or outcome of a proceeding, shall place upon the record all written communications received, all written responses to such communications and a memorandum stating the substance of all oral communications received and all oral responses made, simultaneously serving all parties.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 719.1255 FS. History–New 1-17-93, Formerly 7D-50.110, Amended 1-19-97, 6-24-04.

Fla. Admin. Code R. 61B-50.112 Withdrawal of Petition

(1) A petition for arbitration of a recall may be withdrawn at any time prior to the commencement of the scheduled final hearing. Such withdrawal shall be in writing and directed to the arbitrator. Withdrawal may be made by telephone, but must be subsequently confirmed in writing, or by an order certifying the recall entered by the arbitrator if the petitioner fails to file written notice.

(2) Withdrawal of a petition for arbitration of a recall shall be with prejudice. If the board withdraws the petition, the recall shall be deemed certified and the board members recalled. The board member or members recalled shall turn over all association records in his or their possession within five full business days after the withdrawal is filed (i.e., received by the division).

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 718.1255, 719.1255 FS. History– New 1-17-93, Formerly 7D-50.112, Amended 11-15-95, 6-24-04.

Fla. Admin. Code R. 61B-50.115 Filing; Service of Papers; Signing

(1) Filing. Unless specifically ordered, every pleading or other paper filed in the proceedings, including the initial petition, shall also be served on each party. A pleading or other paper is considered “filed” when it is received by the division.

(2) Method and Proof of Service.

(a) When service is to be made upon a party represented by an attorney or by a qualified representative, service shall be made upon the attorney or representative unless service upon the party is ordered by the arbitrator. Service shall be made by delivering or mailing, by United States mail postage prepaid, a copy of the document to the attorney, representative, or party at that person's last known address.

(b) When the unit owners or members have not designated a unit owner or member representative to represent their interest in a recall proceeding or when the unit owner or member representative cannot be ascertained, the arbitrator shall require that the association post a copy of the petition for recall arbitration and the order allowing answer on the condominium, cooperative, or mobile home park property in a conspicuous location as a means of notifying the unit owners or members of the recall arbitration.

(c) Certificate of Service. When any attorney, representative, or unrepresented party signs a certificate of service such as the following, the certificate of service shall be taken as evidence of service in compliance with these rules:

“I certify that a copy hereof has been furnished

to (here insert name or names and address or addresses) by U.S. mail this ___ day of ___ , 20__ .

---

Signature”

(3) Number of Copies. Only the original of all pleadings shall be filed with the arbitrator; no copies shall be filed. However, the initial petition for recall arbitration shall be accompanied by one (1) copy for the respondents.

(4) “Filing” shall mean receipt by the Division during normal business hours or by the arbitrator during the course of a hearing. Pleadings including the initial petition or other communications may be filed by regular hard copy or facsimile, and if filed by facsimile, a hard copy of the pleading or other communication need not be filed with the arbitrator; however, the party using facsimile filing bears the burden of ensuring that the pleading or other correspondence has actually been filed with the arbitrator. If a document is filed via facsimile, the facsimile confirmation sheet shall be evidence of the date on which the Division received the document. Except for the initial petition for recall arbitration, a facsimile copy is filed within the meaning of this rule when the facsimile copy of the document is received by the Division. No pleadings shall be faxed that exceed 30 pages in length including attachments. When a party files a facsimile document with the arbitrator, the party shall also provide a facsimile copy to the other party if the fax number is available. If a party desires to receive orders via e-mail, the party must provide its e-mail address to the arbitrator assigned to the case.

(5) Any pleading or other document received after 5:00 p.m. shall be deemed to be filed as of 8:00 a.m. on the next regular business day.

(6) All pleadings and motions filed shall contain the following:

(a) The style of the proceeding involved:

(b) The case number, if any;

(c) The name of the party on whose behalf the pleading or motion is filed;

(d) The name, address, and telephone number of the person filing the pleading or motion;

(e) The signature of the person filing the pleading or motion; and

(f) A certificate of service attesting that copies have been furnished to other parties as required by subsection (2) of this rule.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f), 723.1255 FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 719.1255, 723.078(2)(i) FS. History–New 7-1-82, Formerly 7D-50.09, 7D-50.009, Amended 1-17-93, Formerly 7D-50.115, Amended 1-19-97, 6-24-04, 3-2-16.

Fla. Admin. Code R. 61B-50.117 Motions

An application to the arbitrator for an order shall be made by written motion, unless made during a hearing. The motion shall state in detail the grounds for the relief requested and shall set forth the relief or order sought. The arbitrator shall conduct such proceedings and render such orders as are deemed necessary to dispose of issues raised by motion. Other parties may, within 7 business days of service of a written motion, file a written response in opposition to the motion.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(j,) 718.1255, 719.106, 719.1255 FS. History–New 7-1-82, Formerly 7D-50.12, 7D-50.012, Amended 1-17-93, Formerly 7D-50.117, Amended 1-19-97, 6-24-04.

Fla. Admin. Code R. 61B-50.119 Summary Disposition; Simplified Arbitration Procedure; No Disputed Issues of Material Fact

(1) Any dispute which does not involve a disputed issue of material fact shall be arbitrated as hereinafter provided.

(2) At any time after the filing of the petition, if no disputed issues of material fact exist, the arbitrator shall summarily enter a final order denying relief and certifying the recall if the arbitrator finds that no preliminary basis for relief has been demonstrated in the petition.

(3) At any time after the filing of the petition, if no disputed issues of material fact exist, the arbitrator shall summarily enter a final order awarding relief and failing to certify the recall if the arbitrator finds that no meritorious defense exists or if substantial compliance with the requirements of the rules and statutes relating to recall has not been demonstrated, and the petition is otherwise appropriate for relief.

(4) No formal evidentiary hearing as described by Rule 61B-50.131, F.A.C., shall be conducted for arbitrations determined pursuant to this rule. The arbitrator shall decide the dispute based solely upon the pleadings and evidence filed by the parties.

(5) Any party may move for summary final order whenever there are no disputed issues of material fact. The motion shall be accompanied by supporting affidavits if necessary. All other parties may, within 7 days of service of the motion, file a response in opposition, with or without supporting affidavits.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(j), 718.1255, 719.106, 719.1255 FS. History–New 1-17-93, Formerly 7D-50.119, Amended 2-13-97, 6-24-04.

Fla. Admin. Code R. 61B-50.124 Discovery

(1) The discovery process shall be used sparingly and only for the discovery of those things that are necessary for the proper disposition of the petition. Parties may obtain discovery only upon the prior approval of the arbitrator. A motion to conduct discovery shall describe with specificity the subject matter of the discovery and the method(s) by which discovery will be sought. The arbitrator may issue appropriate orders to effectuate the purposes of discovery and to prevent delay.

(2) Except as otherwise specified herein, parties may obtain discovery through the means and in the manner provided in Rules 1.280 through 1.390, Florida Rules of Civil Procedure. However, a unit owner or member desiring to obtain copies of official association records for use in the proceeding shall utilize the owner’s right of access to the official records as provided by Sections 718.111(12), 719.104(2) and 723.079(4), F.S., in lieu of formal discovery.

(3) A party may seek enforcement of an order directing discovery by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the order resides.

(4) At any time after the filing of the petition for arbitration, the arbitrator may enter an order requiring the parties to submit supplemental information, evidence or affidavits in support of or refuting the reason(s) listed in the petition as grounds for failing to certify the recall.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f), 723.1255 FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 719.1255, 723.078(2)(i) FS. History–New 7-1-82, Formerly 7D-50.15, 7D-50.015, Amended 1-17-93, Formerly 7D-50.124, Amended 1-19-97, 6-24-04, 3-2-16.

Fla. Admin. Code R. 61B-50.126 Conduct of Proceeding by Arbitrator

(1) The failure or refusal of a respondent to comply with a provision of these rules or any lawful order of the arbitrator shall result in the striking of the answer including any defenses or pending claims where such failure is deemed willful, intentional, or a result of neglect.

(2) The failure or refusal of an association to comply with any lawful order of the arbitrator or with a provision of these rules shall result in a dismissal of the petition where such failure is deemed willful, intentional, or a result of neglect.

(3) In order to expedite the case, the arbitrator may, without the agreement of the parties, conduct any proceeding permitted under these rules, including a motion hearing or final hearing, by telephone or video conference.

(4) At any time after a petition has been filed with the division for arbitration, the arbitrator may direct the parties to confer for the purpose of clarifying and simplifying issues, discussing the possibility of settlement, examining documents and other exhibits, exchanging names and addresses of witnesses, resolving other procedural matters, and entering into a prehearing stipulation.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(k), (l), 718.1255, 719.106(1)(f) FS. History–New 1-17-93, Formerly 7D-50.126, Amended 1-19-97.

Fla. Admin. Code R. 61B-50.1265 Non-Final Orders

(1) The presiding arbitrator before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case.

(2) When a case is placed in abeyance or abated by a non-final order, no filing fee is necessary to reopen the case or otherwise proceed with the matter.

History

• Rulemaking Authority 718.1255(4) FS. Law Implemented 718.1255(3)(c), 718.1255(4) FS. History–New 9-22-14.

Fla. Admin. Code R. 61B-50.127 Subpoenas and Witnesses; Fees

(1) A subpoena requiring the attendance of witnesses or the production of documents, whether for purposes of discovery or for purposes of a final hearing, may be served by any person authorized by law to serve process or by any person who is not a party and who is of majority age, as provided in Rule 1.410, Florida Rules of Civil Procedure, or as that rule may subsequently be renumbered. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so.

(2) All witnesses, other than public employees subpoenaed to appear in their official capacity, appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as set forth in Section 92.142, F.S., or as that statute may subsequently be renumbered. In the case of a public employee, such expenses shall be processed and paid in the manner provided for agency employee travel expense reimbursement; and, in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena.

(3) Any party or any person upon whom a subpoena is served or to whom a subpoena is directed may file a motion to quash or for protective order.

(4) Subpoenas shall be issued from the arbitrator in blank except for the case style, the case number, the name, address and telephone number of the attorney or party requesting issuance of the subpoena and the signature of the arbitrator assigned. Subpoenas shall be completed and served by the party requesting issuance of the subpoenas.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 719.1255 FS. History–New 7-1-82, Formerly 7D-50.19, 7D-50.019, Amended 1-17-93, Formerly 7D-50.127, Amended 1-19-97, 6-24-04.

Fla. Admin. Code R. 61B-50.130 Stenographic Record and Transcript

(1) Any party wishing to obtain a stenographic record shall make such arrangements directly with the court reporter for such services and shall notify the other parties of such arrangements in advance of the hearing. The requesting party or parties shall bear all the costs of obtaining such a record.

(2) Any party may have a stenographic record and transcript made of the final hearing at the party’s own expense. The record transcript may be used in subsequent legal proceedings subject to the applicable rules of evidence.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(j), 718.1255, 719.106, 719.1255 FS. History–New 1-17-93, Formerly 7D-50.130, Amended 1-19-97, 6-24-04.

Fla. Admin. Code R. 61B-50.131 Conduct of Formal Hearing; Evidence

(1) Hearings shall be open to the public. However, the arbitrator shall exclude any observer, witness or party who is disruptive to the conduct of the hearing.

(2) Each party shall have the right to present evidence, cross examine the other party’s witnesses, enter objections, and to rebut the evidence presented against the party.

(3) The arbitrator is authorized to administer oaths. Oral testimony shall be taken only upon oath or affirmation.

(4) Unless otherwise ordered by the arbitrator, the petitioner shall present its evidence and witnesses. Thereafter, the respondent may present its evidence and witnesses.

(5) Evidence.

(a) An arbitration proceeding is less formal than a court proceeding. The arbitrator shall admit any relevant evidence if it is the kind of evidence on which reasonable, prudent persons rely in the conduct of their affairs. Reliable, relevant evidence may be presented by the parties. Facts are to be proven through the testimony of witnesses under oath at the final hearing and through documents admitted into evidence at the request of a party. Hearsay evidence (i.e., statements not made at the final hearing under oath, used to establish the truth of the matter asserted) may be used to supplement or explain other evidence, but is not sufficient to support a finding, unless the hearsay evidence would be admmissable in a court of law. The rules of privilege shall be effective to the same extent that they are recognized in civil actions. Irrelevant and unduly repetitious evidence shall not be admitted into evidence.

(b) All exhibits shall be identified as petitioner’s exhibits, respondent’s exhibits, or as joint exhibits. The exhibits shall be marked in the order that they are received and made a part of the record.

(c) Documentary evidence may be received in the form of a photocopy.

(6) The arbitrator shall afford the parties an opportunity to submit proposed findings of fact, conclusions of law, and proposed orders, or legal briefs or memoranda on the issues, within a time designated by the arbitrator after the final hearing.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 719.1255 FS. History–New 7-1-82, Formerly 7D-50.22, 7D-50.022, Amended 1-17-93, Formerly 7D-50.131, Amended 1-19-97, 6-24-04.

Fla. Admin. Code R. 61B-50.136 Notice of Final Hearing; Scheduling; Venue; Continuances

(1) The arbitrator shall set the time and place for all final hearings. The arbitrator shall serve written notice of the final hearing by regular mail on all parties of record.

(2) All hearings shall be held in the state of Florida. Whenever possible, hearings shall be held in the area of residence of the parties and witnesses or at the place most convenient to all parties as determined by the arbitrator.

(3) In the arbitrator’s discretion, a continuance of a hearing shall be granted for good cause shown. Requests for continuance shall be made in writing. Except in cases of emergency, requests for continuance must be made at least 10 days prior to the date noticed for the final hearing.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 719.1255 FS. History–New 7-1-82, Formerly 7D-50.24, 7D-50.024, Amended 1-17-93, Formerly 7D-50.136, Amended 1-19-97, 6-24-04.

Fla. Admin. Code R. 61B-50.139 Final Orders

(1) Unless waived, a final order shall be entered within 30 days after any final hearing, receipt by the arbitrator of the hearing transcript if one is timely filed, or receipt of any post-hearing memoranda, whichever is applicable. The final order shall be in writing and shall include a statement of whether or not the recall was certified. Failure to render a decision within such time period shall not invalidate the decision.

(2) The final order shall be mailed to the parties, if unrepresented, or to their counsel or other qualified representative of record by regular U.S. mail. The final order shall include a certificate of service which shall show the date of mailing of the final order to the parties.

(3) In reaching a decision, the arbitrator may take official notice of and find as true without proof, any fact which may be judicially noticed by the courts of this state, including any arbitration final order or any final order of the division involving a similar or related issue.

(4) A final order certifying the recall of one or more board members takes effect upon the mailing of the final order. As of the moment of mailing, those board members found to be recalled cease to be authorized board members and shall not exercise the authority of the association.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(j), 718.1255, 719.106(1)(f), 719.1255 FS. History–New 7-1-82, Formerly 7D-50.25, 7D-50.025, Amended 1-17-93, Formerly 7D-50.139, Amended 1-19-97, 6-24-04.

Fla. Admin. Code R. 61B-50.140 Technical Corrections; Rehearing

(1) Any party may file a motion to correct any clerical mistake or error arising from oversight or omission in any final order entered by an arbitrator within 10 days of the date on which the order was entered. “Clerical corrections” shall be generally defined as computational corrections, correction of clerical mistake or typographical error or other minor corrections of error arising from oversight or omission; or an evident miscalculation of figures or an evident mistake in the description of any thing, person, or property referred to in the order; or an award by the arbitrator upon a matter not submitted. The order may be corrected without affecting the merits of the decision upon the issues submitted. Such correction shall be achieved by the entry of a corrected order. The substance of the order itself may not be modified.

(2) The arbitrator may on his or her own motion initiate entry of a corrected order as described by subsection (1) above within 60 days of the entry of the final order.

(3) No motion for rehearing of a final order certifying the recall shall be filed.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f) FS. Law Implemented 718.112(2)(j), 718.1255, 719.106, 719.1255 FS. History–New 1-17-93, Formerly 7D-50.140, Amended 1-19-97, 6-24-04.

Fla. Admin. Code R. 61B-50.1405 Motions for Attorney’s Fees and Costs

No party shall be entitled to recover its costs and attorney’s fees in a recall proceeding initiated pursuant to Section 718.112(2)(j), 719.106(1)(f) or 723.078(2)(i), F.S.

History

• Rulemaking Authority 718.501(1)(f), 719.501(1)(f), 723.1255 FS. Law Implemented 718.112(2)(j), 719.106(1)(f), 723.078(2)(i) FS. History–New 6-24-04, Amended 3-2-16.

Chapter 61B-60 YACHT AND SHIP BROKERS

Fla. Admin. Code R. 61B-60.001 Definitions and Scope

(1) For purposes of these rules, the following definitions apply:

(a) “Branch Office” shall mean any and all secondary locations of a yacht and ship broker.

(b) “Division” shall mean the Division of Florida Condominiums, Timeshares, and Mobile Homes, Department of Business and Professional Regulation, which is statutorily authorized to regulate yacht and ship brokers and salespersons.

(c) “Length” as it refers to a yacht or ship in accordance with section 326.002(4), F.S., shall mean the measurement from end to end over the deck parallel to the centerline excluding sheer. The division shall consider the following in determining the length of a yacht or ship:

1. A U.S. Coast Guard certificate of documentation;

2. A state vessel certificate of title; or

3. A manufacturer’s statement of origin.

(d) “Gross Tons” as it refers to a yacht or ship in accordance with section 326.002(4), F.S., shall mean the standards of volume measurement calculated by the Tonnage Division of the U.S. Coast Guard in accordance with 46 C.F.R. §69.209 (2002) “Calculation of tonnages,” which rule is incorporated by reference.

(e) “Negotiate” means any communication made to a buyer, seller, or agent of a buyer or seller in furtherance of the listing, offer, sale, or exchange of a yacht. This includes communications made orally, verbally, non-verbally, or in writing through any medium at any point in a listing, offer or sale, such as during sea trials, showings of vessels, listings of vessels, preparation of transaction documents, and closings.

(f) “Offer to sell,” “offer to buy,” or “offer” means the solicitation, advertisement, or inducement, or any other method or attempt, to encourage any person to acquire, sell, or exchange any interest in a yacht. This includes: contacting owners to obtain listings, showing vessels to prospective buyers, presenting offers, accepting deposits, and presenting closing statements to buyers and sellers.

(g) “Principal place of business” shall mean the primary location of the business of a yacht and ship broker.

(h) “Prominently displayed” as it refers to a license of a broker or salesperson in accordance with section 326.004, F.S., shall mean that the license is placed in a conspicuous location on the premises and is readily visible from the entrance of the principal place of business or branch office.

(i) “Sheer” shall mean longitudinal curvature of the main deck between bow and stern with low point amidships.

(j) “Foreign brokers or salespersons” shall mean those brokers or salespersons who primarily conduct business in states other than Florida or in countries other than the United States and do not maintain a valid license from the division.

(k) “Temporary 90-day license” shall mean the kind of preliminary license issued by the division to an applicant for a yacht and ship salesperson or broker license in accordance with section 326.004, F.S. Such license shall expire without further notice 90 days from the issuance of the temporary license, upon issuance of a permanent license, or upon the applicant’s receipt of the division’s notice of intent to deny the application, whichever is earlier.

(2) Scope; Exempt Transactions. No license is required for a secured party, as defined by section 679.105, F.S., who forecloses his or her security interest in a yacht. However, a license is required for a person who acts as a broker as defined by section 326.002, F.S., on behalf of, or as agent for, such a secured party.

(3) Scope; Selected Non-exempt Transactions.

(a) Brokers and salespersons licensed by the division will be deemed to be in violation of chapter 326, F.S., if they transact business with unlicensed brokers or salespersons otherwise subject to jurisdiction of chapter 326, F.S. However, brokers and salespersons licensed by the division may transact business with foreign brokers or salespersons so long as those foreign brokers or salespersons do not physically enter the State of Florida to act as brokers or salespersons as defined within chapter 326, F.S.

(b) Auctioneers of vessels over 32 feet in length, when such vessels would otherwise be subject to the jurisdiction of the division, must be licensed under chapter 326, F.S., and shall be subject to specific licensing requirements as set forth therein, and in chapter 61B-60, F.A.C.

History

• Rulemaking Authority 326.003(2) FS. Law Implemented 326.002(1), 326.004, 326.006 FS. History–New 2-13-90, Amended 11-25-90, 10-11-92, Formerly 7D-60.001, Amended 5-15-03.

Fla. Admin. Code R. 61B-60.002 General Provisions; Forms and Fees

(1) All forms referenced in these rules may be obtained by writing to, and when completed shall be filed with the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

(2) All license applications, including initial applications, renewal applications, and branch office applications, must be accompanied by the appropriate fee. License application fees and renewal application fees shall be non-refundable upon completion by the division of its review for form and moral character. Branch office application fees and branch office license renewal fees shall be non-refundable upon issuance of the branch office license.

(3) Payment of fees shall be by check or money order made payable to Division of Florida Condominiums, Timeshares, and Mobile Homes.

(4) Fees shall be $500 for application relating to an initial license and $500 for biennial renewal of a license. The fee for national fingerprint processing shall be $51 and shall apply to the initial application process. The fee for each broker’s branch office license and renewal thereof shall be $100, based upon an effective period of 2 years. The fee for reinstating a license that has been suspended due to termination of the surety, surrendered due to a termination of business at a licensed office address, or cancelled due to a change in affiliation shall be $100.

(5)(a) Computation of Time. In computing any period of time prescribed or allowed by these rules, or by any applicable statute, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday or legal holiday, as designated in section 110.117, F.S., in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday.

(b) Additional Time After Service by Mail. When a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, five days shall be added to the prescribed period.

(6) Licensees shall, not later than 30 days after a change of business address or affiliation, notify the division in writing of the updated information. The licensee shall return the license to the division. The division will then reissue the license reflecting the changes indicated and revise the effective date referenced on the license to reflect the date that the division actually records the change. Any reissuance pursuant to this rule shall not result in any extension of the expiration date of the license, and the expiration date shall continue to be the date listed on the license prior to its reissuance.

History

• Rulemaking Authority 215.405, 326.003, 326.004 FS. Law Implemented 326.004 FS. History–New 2-13-90, Amended 11-25-90, 10-11-92, Formerly 7D-60.002, Amended 3-13-02, 5-15-03, 11-3-03.

Fla. Admin. Code R. 61B-60.003 Application for and Renewal of Broker or Salesperson License

(1) Application for License.

(a) All persons desiring to obtain a license to act as a broker or salesperson, shall apply for licensure by filing with the division a completed application on DBPR Form YS 6000-1, APPLICATION FOR A YACHT AND SHIP EMPLOYING BROKER, BROKER OR SALESPERSON LICENSE, incorporated herein by reference and effective 11-3-03, a copy of which may be obtained at the address referenced in subsection 61B-60.002(1), F.A.C., accompanied by the $500 application fee, the $51 fingerprint processing fee, a complete set of fingerprints which comply with the form provided in the application materials, and by the bond or irrevocable letter of credit as provided by rule 61B-60.004, F.A.C.

(b) No application for licensure shall be deemed acceptable for purposes of filing unless all of the aforementioned components are tendered therewith. Furthermore, no application for licensure shall be deemed acceptable unless funds are available upon deposit for any negotiable instrument tendered to the division in order to satisfy the respective application and fingerprint processing fee requirement.

(c) Except as to time frames relating to review for form provisions as described within subsection 61B-60.003(2), F.A.C., no operative time-frame within which the division would otherwise be required to act shall be commenced until an acceptable filing has been received by the division.

(2) Review for Form.

(a) The division shall review the application within 10 days of its receipt to determine if it is in acceptable form, meaning that the application form is completed in its entirety and the application fee, the $43 fingerprint processing fee, a complete set of fingerprints, and bond or letter of credit conforming to the requirements of rule 61B-60.004, F.A.C., have been received by the division. If the application is in acceptable form, the division shall issue a temporary 90-day license.

(b) If the application is deficient for form in any way and thereby unacceptable, the division shall notify the applicant of the nature of the deficiency, and the applicant shall have 21 days from receipt of the deficiency notice to correct the deficiencies. If an applicant fails to correct the deficiencies within this period of time, the division shall issue a notice of intent to reject license application.

(c) The applicant will subsequently have 10 days from receipt of said notice to correct the referenced deficiencies. If the referenced deficiencies are not corrected within the allotted time frame, the subject application shall be rejected and the applicant shall be so notified by certified mail without requiring any further proceeding.

(d) Rejection shall not prejudice any prospective reapplication, however, such would then be processed subject to the requirements as set forth for any initial filing.

(3) Review for Good Moral Character.

(a) When the application has been determined to be in acceptable form, the division shall evaluate the application and make appropriate inquiry to determine the applicant’s moral character. For the purposes of this rule, the following factors bear upon good moral character:

1. The completion of a criminal history check by the Florida Department of Law Enforcement that reveals no convictions of a felony, no convictions of a misdemeanor involving moral turpitude, and no pleas of nolo contendere, pleas of guilty, or verdicts of guilty to a felony charge or of any non-felonious offense involving moral turpitude, fraud, theft, dishonesty, assault and battery, or false statement; and

2. Civil lawsuits and administrative actions bearing upon moral character (e.g., fraud, misrepresentation, theft, assault and battery); and

3. Applicant’s prior history of unlicensed brokering or sales activity in the State of Florida subject to the provisions of chapter 326, F.S.; and

4. Tendering to the division a bank or other depository check for payment of any fee, which check lacks sufficient funds on deposit in or credit with such bank or depository with which to pay the same on presentation, where the applicant, upon notification of same by the bank or division, fails to redeem the check or otherwise pay the fee within 21 days of such notification; and

5. Other relevant information generated in the course of the application process that bears upon the applicant’s moral character, including but not limited to those acts described by section 326.006(2)(e)-(f), F.S.; and

6. Failure of the applicant to provide full and complete disclosure, or to provide accurate information, on the application for licensure.

7. The foregoing factors shall be considered in determining whether an applicant is of good moral character for purposes of licensure under chapter 326, F.S., if they comply with the following guidelines:

a. The disposition of criminal charges shall be considered if such constitutes a felony, or if such constitutes a misdemeanor involving moral turpitude, fraud, theft, dishonesty, assault and battery, or false statement.

b. The disposition of any administrative action or of any civil litigation involving fraud, misrepresentation, theft, assault and battery, or moral turpitude shall be considered if such results in a determination against the interests of the applicant.

c. Except as provided in sub-sub-paragraph 7.d. of this rule, no information relating to criminal, administrative or civil actions shall be considered if more than 5 years has elapsed from the satisfaction of the terms of any order, judgment, restitution agreement, or termination of any administrative or judicially-imposed confinement or supervision of the applicant, whichever is more recent.

d. Any action, proceeding, or grievance filed against the applicant, individually or otherwise, which relates to the applicant’s prospective duties, responsibilities, and obligations of licensure under chapter 326, F.S., may be considered with no limitation as to time.

e. Other considerations such as termination of probation, compliance with and satisfaction of any judgment or restitution agreement may be considered as evidence of rehabilitation of the applicant’s good moral character.

(b) Within 15 days after the division has determined that the application is in acceptable form, the division shall apply for a criminal history record with the Florida Department of Law Enforcement.

(c) After receipt of the criminal history check, the division shall complete its evaluation of the moral character of the applicant. As used herein, “criminal history check” shall include verification of the nature and disposition of all criminal charges and all civil or administrative actions initiated against the applicant. Specifically, the inquiry may include the following:

1. National fingerprint processing;

2. Status as to any supervision of the applicant (e.g., confinement, probation, community service requirements);

3. Status as to any restitution agreements;

4. Status as to any civil judgments or final orders; and

5. Contact with arresting agencies and responses to requests for clarification by the division. The applicant shall assist the division in acquiring the foregoing information.

(d) If upon completion of its evaluation of the moral character of an applicant, the division concludes that the applicant does possess good moral character, the division shall issue the applicant a license, upon payment of all fees owed to the division, if any.

(e) The effective date of the permanent license will be the date that the temporary license is actually issued by the division. The expiration date of the permanent license will be a date 2 years from date of issuance of the temporary license.

(f) If upon completion of its evaluation of the moral character of an applicant, the division concludes that the applicant does not possess good moral character, the division shall issue a notice of its intent to deny the application.

(4) Notification of License Expiration. The division shall notify all licensees of impending license expiration, not less than 60 days prior to expiration, on a DBPR Form YS 6000-6, APPLICATION FOR YACHT AND SHIP LICENSE RENEWAL/BRANCH OFFICE RENEWAL, effective 3-13-02, incorporated by reference, a copy of which may be obtained at the address referenced in subsection 61B-60.002(1), F.A.C.

(5) Submission of Application for License Renewal. Licensees shall apply for renewal of their license on a DBPR Form YS 6000-6, APPLICATION FOR YACHT AND SHIP LICENSE RENEWAL/BRANCH OFFICE RENEWAL, incorporated in subsection (4), above, accompanied both by a $500 renewal fee and by the bond or letter of credit or proper continuation certificate, as provided by rule 61B-60.004, F.A.C. Completed applications shall be postmarked not less than 30 days prior to the expiration of the current license.

(6) Review for Form. The division shall review the application within 10 days of its receipt to determine if it is in acceptable form. If the application is in acceptable form, the division shall review moral character as set forth in subsection (7), below. Acceptable form means that the application is completely filled out, is signed by the licensee, and is accompanied by the renewal fee, and bond or letter of credit or continuation certificate. If the application is deficient for form, the division shall notify the applicant of the deficiency. The deficiency shall be corrected by the applicant within 21 days after receiving notification of the deficiency. If the applicant fails to correct the deficiency within this period of time, the division shall reject the application for license renewal by issuing a notice of intent to reject renewal application by proceeding as set forth in paragraphs 61B-60.003(2)(b), (c), and (d), F.A.C.

(7) Review for Moral Character. Upon determining that a renewal application is in acceptable form, the division shall examine the content of the application to verify continued good moral character. Those factors identified in paragraph 61B-60.003(3)(a), F.A.C., and in section 326.006(2)(e), (f), F.S., bear upon good moral character.

(8) If upon completion of the evaluation of moral character, the division approves the application for license renewal, the division shall issue a license.

(9) The holder of an expired license who fails to renew his license within 30 days after such expiration and who desires to perform yacht and ship broker services shall be required to make an initial application to the division and proceed as provided in rule 61B-60.004, F.A.C.

History

• Rulemaking Authority 215.405, 326.003 FS. Law Implemented 326.004, 326.006 FS. History–New 2-13-90, Amended 11-25-90, 10-11-92, Formerly 7D-60.003, Amended 2-13-97, 3-13-02, 5-15-03, 11-3-03.

Fla. Admin. Code R. 61B-60.004 Bond and Irrevocable Letter of Credit

(1) Applications for licensure as a broker or a salesperson shall be accompanied by a good and sufficient surety bond or irrevocable letter of credit.

(2) Requirements of bonds and letters of credit.

(a) All bonds and letters of credit:

1. Shall provide coverage during each licensing period of 2 years. Upon renewal of a license, a new bond or letter of credit or a proper continuation certificate corresponding to the licensing period shall be delivered to the division.

2. Shall remain on deposit 1 year beyond the 2 year coverage period. In the event that a broker or salesperson ceases to be licensed, the bond or letter of credit shall remain on deposit with the division for a period of 1 year after the license expires or is terminated and will remain subject to claims arising out of conduct occurring during the period of licensure.

3. Shall reference by name the broker or salesperson, and shall indicate the complete business address of the broker’s principal place of business.

4. Shall be written for the aggregate amount of $25,000 for a broker and $10,000 for a salesperson.

5. Shall be conditioned upon compliance by the broker with the conditions of any written contract made by such broker or salesperson in connection with the sale or exchange of any yacht or ship.

6. Shall be in favor of any person in a transaction who suffers any loss as a result of any violation of the provisions of chapter 326, F.S.

(b) Additional requirements of surety bonds.

1. The bond shall be delivered to the State of Florida, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, Section of Yacht and Ship Brokers, at the address given in subsection 61B-60.002(1), F.A.C.

2. The bond shall be executed by a surety company authorized to do business in the State of Florida.

3. The bond shall provide that thirty days notice shall be given by the surety to the division before termination of the bond. Notice shall be sent by certified mail to the division of the intended termination, and upon receipt of the notice, the division shall in turn notify the licensee.

(c) Additional requirements of letters of credit. The letter of credit shall be executed by an officer of a federal or state chartered financial institution which is authorized to do business in the State of Florida.

(3) If a surety notifies the division that it is no longer the surety for a licensee, the division shall notify the licensee of such withdrawal by certified mail, return receipt requested, addressed to the licensee’s principal office. Upon the termination of the surety bond, the licensee’s license is automatically suspended until he files a new bond or letter of credit with the division.

History

• Rulemaking Authority 326.003 FS. Law Implemented 326.004 FS. History–New 2-13-90, Amended 11-25-90, 8-28-91, Formerly 7D-60.004, Amended 3-13-02.

Fla. Admin. Code R. 61B-60.005 Principal Place of Business; Broker’s Branch Office License Application and Branch Office License Renewal

History

• Rulemaking Authority 326.003 FS. Law Implemented 326.004, 326.006 FS. History–New 2-13-90, Amended 11-25-90, 10-11-92, Formerly 7D-60.005, Amended 1-26-97, 3-13-02, Repealed 7-22-21.

Fla. Admin. Code R. 61B-60.006 Escrow Trust Depository; Closing Transactions

(1) A broker holding the license of a salesperson shall sign the closing statement of any transaction brokered by the salesperson.

(2) A broker holding the license of a salesperson shall make all escrow trust account deposits and withdrawals of monies involved in a transaction brokered by the salesperson. Any salesperson who receives any deposit shall immediately deliver the same to the broker under whom he is licensed as a salesperson.

(3) Within 3 working days of receipt of funds, all funds received by a broker or salesperson in connection with the sale, exchange, or purchase of a yacht shall be deposited in the broker’s trust account and shall remain in the account until the funds are disbursed pursuant to an agreement of the parties to the transaction or controlling statute. “Escrow trust account” shall mean a segregated account as required by section 326.005, F.S., in which only funds received pursuant to the sale, exchange, or purchase of a yacht as regulated by chapter 326, F.S., shall be deposited. No personal or operating funds shall be deposited or intermingled with any funds held in an escrow trust account, and monies deposited into the account shall not be used to pay operating expenses.

(4) A broker shall maintain books and records of receipts, deposits and withdrawals of escrow trust account funds in accordance with generally accepted accounting principles.

History

• Rulemaking Authority 326.003 FS. Law Implemented 326.004, 326.005 FS. History–New 2-13-90, Amended 11-25-90, Formerly 7D-60.006, Amended 3-13-02, 5-15-03.

Fla. Admin. Code R. 61B-60.008 Standards of Conduct; Penalties

(1) The license of a broker or salesperson, as applicable, shall be suspended or cancelled where:

(a) Upon termination of a surety bond pursuant to section 326.004(11), F.S., the licensee fails to simultaneously file a new bond with the division; or

(b) A salesperson withdraws from the employment of a broker. In such a case, the broker shall immediately return the salesperson’s license to the division; or

(c) A broker severs his or her professional relationship with a business entity so that the remaining salespersons are no longer employed by a broker licensed as required pursuant to chapter 326, F.S. In such a case, the broker shall immediately notify the division and the salesperson shall immediately return his or her license to the division pending installation of a new broker at the respective business entity.

(2) The division shall suspend or revoke the license of a broker or salesperson under the provisions of section 326.006(2)(e), (f), F.S., for cause shown including the violation of applicable administrative rules.

(3) Standards of Conduct:

(a) A licensee shall not knowingly misrepresent facts, shall have an affirmative duty to inform the division of any changes in status or of any knowledge of any facts that may adversely affect the licensee’s fitness for licensure, shall undertake to perform only those brokerage services that he or she can reasonably expect to complete with professional competence, shall exercise due professional care in the performance of brokerage services, and shall not permit others to carry out on his or her behalf, either with or without compensation, acts that, if carried out by the licensee, would place him or her in violation of sections 326.001 through 326.006, F.S. or chapter 61B-60, F.A.C.

(b) A broker shall be deemed responsible by the division for the actions of all salespersons who perform brokerage functions under his or her supervision and control.

(4) Guidelines for Determining Civil Penalties:

(a) To assure consistency with respect to the amount of any civil penalty to be assessed in a consent order or final order, the following guidelines have been established. Aggravating or mitigating circumstances, when considered, may increase or decrease the respective amount of any civil penalty.

(b) Examples of aggravating or mitigating circumstances may include the following:

1. Criminal record of licensee;

2. Civil litigation history bearing upon issues relating to the administration of chapter 326, F.S.;

3. Administrative action history, either formal or informal, bearing upon issues relating to the administration of chapter 326, F.S.;

4. Cooperation of respondent relating to the Division’s investigation and prosecution of the instant matter;

5. Whether the division required the assistance of external parties in preparation of the division’s case;

6. Whether the licensee’s conduct was intentional;

7. Whether the licensee, or any agent engaged by the licensee, knew or should have known that the subject misfeasance or malfeasance constituted a violation of chapter 326, F.S., or the rules promulgated thereunder, or any other law or rule having impact upon the respective proceeding;

8. Circumstances precipitating the investigation;

9. Nature of the violation;

10. History of similar violation; and

11. Any combination of any of the above factors.

(c) The imposition of a civil penalty is not intended to preclude the division from imposing any further sanctions that it may be authorized to impose pursuant to chapter 326, F.S., or the rules promulgated thereunder.

History

• Rulemaking Authority 326.002, 326.003, 326.004 FS. Law Implemented 326.004, 326.006 FS. History–New 11-25-90, Amended 10-11-92, Formerly 7D-60.008, 7D-60.009, 7D-60.010, Amended 1-26-97, 3-13-02.

Chapter 61B-75 COOPERATIVES

Fla. Admin. Code R. 61B-75.002 Electronic Transmission of Notices

(1) Definition. “Electronic transmission” means any form of communication, not directly involving the physical transmission or transfer of paper, that creates a record that may be retained, retrieved, and reviewed by a recipient and that may be directly reproduced in a comprehensible and legible paper form by the recipient through an automated process, such as a printer or a copy machine. Examples of electronic transmission include, but are not limited to, telegrams, facsimile transmission of images, and text that is sent via electronic mail between computers. Electronic transmission does not include oral communication by telephone.

(2) Association Notices.

(a) Associations may opt to deliver meeting notices by electronic transmission by following these rules or by adopting bylaws that are consistent with these requirements.

(b) Associations that decide to stop delivery of notices by electronic transmission shall notify all owners by electronic transmission of the date on which electronic transmission of notices will cease. Associations must mail the notice to those owners whose consent has been revoked or was never given.

(3)(a) Consent and Revocation of Consent. In order to be effective, any consent given by a unit owner to receive notices via electronic transmission, and any revocation of consent, must be in writing and must be signed by the unit owner of record or by a person holding a power of attorney executed by the shareholder of record. Consent or revocation of consent may be delivered to the association by electronic transmission, by hand-delivery, by United States mail, by certified United States mail, or by other commercial delivery service. The unit owner bears the risk of ensuring delivery.

(b) Delivery of Consent or Revocation of Consent. Any consent given by a unit owner to receive notices via electronic transmission must be actually received by a current officer, board member, or manager of the association, or by the association’s registered agent. Unless otherwise agreed to by an association in advance of delivery of any consent or revocation of consent, delivery to an attorney who has represented the association in other legal matters will not be effective unless that attorney is also a board member, officer, or registered agent of the association.

(c) Automatic Revocation of Consent. Consent shall be automatically revoked if the association is unsuccessful in providing notice via electronic transmission for two consecutive transmissions to an owner, if and when the association becomes aware of such electronic failures.

(4) Attachments and Other Information. In order to be effective, notice of a meeting delivered via electronic transmission must contain all attachments and information required by law. For example, but not by way of limitation, the second notice of election provided by Section 719.106(1)(d)1., F.S., must contain a second notice of the election along with the ballot and any valid candidate information sheets that are timely received. As a further example, electronic transmission of the budget meeting shall only be effective if a copy of the proposed annual budget accompanies the notice of budget meeting.

(5) Effect of Sending Electronic Meeting Notice. Notice of a meeting shall be deemed effective when sent by the association, regardless of when the notice is actually received by the owner, if directed to the correct address, location or number, or if posted on a web site or internet location to which the owner has consented. The owner, by consenting to notice via electronic transmission, accepts the risk of not receiving electronic notice, except as provided in paragraph (3)(c) of this rule, so long as the association correctly directed the transmission to the address, number, or location provided by the owner. An affidavit of the secretary or other authorized agent of the association filed among the official records of the association that the notice has been duly provided via electronic transmission is verification that valid electronic transmission of the notice has occurred. An association may elect to provide, but is not required to provide, notice of meetings via non-electronic transmission even if notice has been sent to the same owner or owners via electronic transmission.

(6) Official Records. The association shall maintain among its official records, which shall be accessible to the owners or their duly authorized representatives, all consent forms including electronic numbers, addresses and locations, all affidavits, all fax receipts of notice and related communications, copies of all electronic notices and attachments sent by the association, and any other record created or received by the association related to the electronic transmission of meeting notices, unless removed in accordance with Section 719.104(2)(a)5., F.S. Electronic records may be maintained in electronic or paper format, but must be available for inspection and copying upon unit owner request.

History

• Rulemaking Authority 719.106(1)(d)1., 719.501(1)(f) FS. Law Implemented 719.104(2)(a)5., 719.106(1)(c), (d), (d)1., 3., (e)1., 719.106(2)(c) FS. History-New 10-12-06.

Fla. Admin. Code R. 61B-75.004 Audio or Video Recording of Meetings

Any unit owner is entitled to tape record or videotape meetings of the board of administration, committee meetings, or unit owner meetings, subject to the following restrictions:

(1) Rules: Associations may adopt rules, which are consistent with this rule, regarding the placement and use of audio and video equipment by unit owners who exercise their rights to tape association meetings. Association rules for this purpose must be adopted in accordance with the procedures for adopting association rules established by the cooperative documents.

(2) Placement: Audio and video equipment shall be assembled and placed in position in advance of the commencement of the meeting.

(3) Use: Anyone videotaping or recording a meeting shall not be permitted to move about the meeting room in order to facilitate the recording.

History

• Rulemaking Authority 719.106(1)(c), (d)5. FS. Law Implemented 719.106(1)(c), (d)5. FS. History–New 8-3-06.

Fla. Admin. Code R. 61B-75.005 Regular Elections; Vacancies Caused by Expiration of Term, Resignations, Death

(1)(a) Unless otherwise provided herein, the provisions of this rule apply to all regular and runoff elections conducted by a cooperative association, regardless of any provision to the contrary contained in the cooperative documents.

(b) Except as otherwise provided by Rules 61B-75.007 and 61B-75.008, F.A.C., the provisions of this rule do not apply to vacancies created by the recall of a board member or members. The method of removing board members by recall and the procedures for filling such vacancies are set forth in Rules 61B-75.006 through 61B-75.008, F.A.C.

(c) In order to adopt different voting and election procedures in its bylaws pursuant to Section 719.106(1)(d), F.S., an association must obtain the affirmative vote of a majority of the total voting interests even if different amendatory procedures are contained in an association’s bylaws. Such vote must be taken on or after June 14, 1995. The phrase “different voting and election procedures” as used in this rule and as used in Section 719.106(1)(d)6., F.S., refers to procedures used only for the election of board members.

(d) Balloting is not necessary to fill any vacancy unless there are two or more eligible candidates for that vacancy. In such a case, not later than the date of the scheduled election:

1. For a regular election the association shall call and hold a meeting of the membership to announce the names of the new board members, or shall notify the unit owners of the names of the new board members or that one or more board positions remain unfilled, as appropriate under the circumstances. In the alternative, the announcement may be made at the annual meeting.

2. For an election pursuant to Section 719.106(1)(d)6., F.S., to fill a vacancy, the association shall call and hold a meeting of the membership to announce the names of the new board members or, in the alternative, shall notify the unit owners of the names of the new board members or that one or more board positions remain unfilled, as appropriate under the circumstances.

(2) A regular or general election for purposes of this rule shall be an election to fill a vacancy caused by expiration of a term in office. A regular or general election shall occur at the time and place at which the annual meeting is scheduled to occur, regardless of whether a quorum is present. Other elections as may be required shall occur in conjunction with duly called meetings of the unit owners, regardless of whether a quorum is attained for the meeting.

(3) A board of administration shall not create or appoint any committee for the purpose of nominating a candidate or candidates for election to the board. A board may create or appoint a search committee which shall not have the authority to nominate any candidate, but may encourage qualified persons to become candidates for the board.

(4) The first notice of the date of the election, which is required to be mailed or delivered not less than 60 days before a scheduled election, must contain the name and correct mailing address of the association. The first notice must also disclose the procedure and deadline to consent to electronic voting, if the board of administration has provided for and authorized an online voting system.

(5) A unit owner or other eligible person desiring to be a candidate for the board of administration shall give written notice to the association not less than 40 days before a scheduled election. Written notice shall be effective when received by the association. Written notice shall be accomplished in accordance with one or more of the following methods:

(a) By certified mail, return receipt requested, directed to the association; or,

(b) By personal delivery to the association; or

(c) By regular U.S. mail, facsimile, telegram, or other method of delivery to the association.

(6) Upon receipt by the association of any timely submitted written notice by personal delivery that a unit owner or other eligible person desires to be a candidate for the board of administration, the association shall issue a written receipt acknowledging delivery of the written notice. Candidates who timely submit a written notice by mail may wish to send the written notice by certified mail in order to obtain a written receipt.

(7) Upon the timely request of a candidate as set forth in this paragraph, the association shall include, with the second notice of election described in subsection (8) below, a copy of an information sheet which may describe the candidate’s background, education, and qualifications. The information contained therein shall not exceed one side of the sheet, which shall be no larger than 8 1/2 inches by 11 inches. Any candidate desiring the association to mail or personally deliver copies of an information sheet to the eligible voters must furnish the information sheet to the association not less than 35 days before the election. If two or more candidates consent in writing, the association may consolidate into a single side of a page the candidate information sheets submitted by those candidates. No association shall edit, alter, or otherwise modify the content of the information sheet. The original copy provided by the candidate shall become part of the official records of the association.

(8) In accordance with the requirements of Section 719.106(1)(d), F.S., the association shall mail or deliver to the eligible voters at the addresses listed in the official records a second notice of the election, together with a ballot and any information sheets timely submitted by the candidates. The second notice and accompanying documents shall not contain any communication by the board which endorses, disapproves, or otherwise comments on any candidate. Accompanying the ballot shall be an outer envelope addressed to the person or entity authorized to receive the ballots and a smaller inner envelope in which the ballot shall be placed. The exterior of the outer envelope shall indicate the name of the voter, and the unit or unit numbers being voted, and shall contain a signature space for the voter. Once the ballot is filled out, the voter shall place the completed ballot in the inner smaller envelope and seal the envelope. The inner envelope shall be placed within the outer larger envelope, and the outer envelope shall then be sealed. Each inner envelope shall contain only one ballot, but if a person is entitled to cast more than one ballot, the separate inner envelopes required may be enclosed within a single outer envelope. The voter shall sign the exterior of the outer envelope in the space provided for such signature. The envelope shall either be mailed or hand delivered to the association. Upon receipt by the association, no ballot may be rescinded or changed.

(9) The ballot shall indicate in alphabetical order by surname, each and every unit owner or other eligible person who desires to be a candidate for the board of administration and who gave written notice to the association not less than 40 days before a scheduled election, unless such person has withdrawn his candidacy in writing prior to the mailing of the ballot. No ballot shall indicate which candidate or candidates are incumbents on the board. No write-in candidates shall be permitted. No ballot shall provide a space for the signature of or any other means of identifying a voter. Except where all voting interests in a cooperative are not entitled to one whole vote (fractional voting), or where all voting interests are not entitled to vote for every candidate (class voting), all ballot forms utilized by a cooperative association, whether those mailed to voters or those cast at a meeting, shall be uniform in color and appearance. In the case of fractional voting, all ballot forms utilized for each fractional vote shall be uniform in color and appearance. And in class voting situations, within each separate class of voting interests all ballot forms shall be uniform in color and appearance.

(10) Envelopes containing ballots received by the association shall be retained and collected by the association and shall not be opened except in the manner and at the time provided herein.

(a) Any envelopes containing ballots shall be collected by the association and shall be transported to the location of the duly called meeting of the unit owners. The association shall have available at the meeting additional blank ballots for distribution to the eligible voters who have not cast their votes. Each ballot distributed at the meeting shall be placed in an inner and outer envelope in the manner provided in subsection (8) of this rule. Each envelope and ballot shall be handled in the following manner. As the first order of business, ballots not yet cast shall be collected. The ballots and envelopes shall then be handled as stated below by an impartial committee as defined in paragraph (b) below. The business of the meeting may continue during this process. The signature and unit identification on the outer envelope shall be checked against a list of qualified voters, unless previously validated as provided in paragraph (b) below. Any exterior envelope not signed by the eligible voter shall be marked “Disregarded” or with words of similar import, and any ballots contained therein shall not be counted. The voters shall be checked off on the list as having voted. Then, in the presence of any unit owners in attendance, and regardless of whether a quorum is present, all inner envelopes shall be first removed from the outer envelopes and shall be placed into a receptacle. Upon the commencement of the opening of the outer envelopes or accessing of the electronic votes, whichever occurs first, the polls shall be closed, and no more ballots shall be accepted. The inner envelopes shall then be opened and the ballots shall be removed and counted in the presence of the unit owners. Any inner envelope containing more than one ballot shall be marked “Disregarded,” or with words of similar import, and any ballots contained therein shall not be counted. All envelopes and ballots, whether disregarded or not, shall be retained with the official records of the association.

(b) Any association desiring to verify outer envelope information in advance of the meeting may do so as provided herein. An impartial committee designated by the board may, at a meeting noticed in the manner required for the noticing of board meetings, which shall be open to all unit owners and which shall be held on the date of the election, proceed as follows. For purposes of this rule, “impartial” shall mean a committee whose members do not include any of the following or their spouses:

1. Current board members;

2. Officers; and

3. Candidates for the board.

At the committee meeting, the signature and unit identification on the outer envelope shall be checked against the list of qualified voters. The voters shall be checked off on the list as having voted. Any exterior envelope not signed by the eligible voter shall be marked “Disregarded” or with words of similar import, and any ballots contained therein shall not be counted.

(c) If two or more candidates for the same position receive the same number of votes, which would result in one or more candidates not serving or serving a lesser period of time, the association shall, unless otherwise provided in the bylaws, conduct a runoff election in accordance with the procedures set forth herein. Within 7 days of the date of the election at which the tie vote occurred, the board shall mail or personally deliver to the voters, a notice of a runoff election. The only candidates eligible for the runoff election are the runoff candidates who received the tie vote at the previous election. The notice shall inform the voters of the date scheduled for the runoff election to occur, shall include a ballot conforming to the requirements of this rule, and shall include copies of any candidate information sheets previously submitted by those candidates to the association. The runoff election must be held not less than 21 days, nor more than 30 days, after the date of the election at which the tie vote occurred.

(11) Electronic Voting. The requirements for providing an online voting system are contained in Rule 61B-75.0050, F.A.C.

(12) Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write, may request the assistance of a member of the board of administration or other unit owner to assist in casting his vote. If the election is by voting machine, any such voter, before retiring to the voting booth, may have a member of the board of administration or other unit owner or representative, without suggestion or interference, identify the specific vacancy or vacancies and the candidates for each. If a voter requests the aid of any such individual, the two shall retire to the voting booth for the purpose of casting the vote according to the voter’s choice.

(13) At a minimum, all voting machines shall meet the following requirements:

(a) Shall secure to the voter secrecy in the act of voting;

(b) Shall permit the voter to vote for as many persons and offices as he is lawfully entitled to vote for, but no more;

(c) Shall correctly register or record, and accurately count all votes cast for any and all persons;

(d) Shall be furnished with an electric light or proper substitute, which will give sufficient light to enable voters to read the ballots; and

(e) Shall be provided with a screen, hood, or curtain which shall be made and adjusted so as to conceal the voter and his actions while voting.

History

• Rulemaking Authority 719.106(1)(d)1., 719.501(1)(f) FS. Law Implemented 719.106(1)(d), 719.129 FS. History–New 12-29-92, Formerly 7D-75.005, Amended 8-24-94, 11-15-95, 2-19-01, 2-28-16.

Fla. Admin. Code R. 61B-75.0050 Electronic Voting

(1) “Election Officials,” as used in Section 719.129, F.S., includes the division.

(2) “Consent, in writing,” as used in Section 719.129, F.S., may be made via email. The email address of the unit owner consenting is not considered an official record, unless the unit owner has previously consented to receive notices via email.

(3) The board resolution required by Section 719.129(4), F.S., must provide that all unit owners receive notice of the opportunity to vote through an online voting system when the association utilizes online voting. The opportunity to vote online must be included in the notice of the meeting requiring the vote.

(4) The electronic voting system must provide the unit owner with a receipt of their vote, which must include the specific vote cast, the date and time of submission, and the user identification.

(5) The electronic voting system must produce an official record that the association must maintain, which identifies the specific votes cast on each ballot and the date and time of receipt of each electronically submitted ballot.

(6) For elections, electronic votes shall not be accessible to the association prior to the scheduled election. Failure to comply with this subsection will void the election and the association must renotice the election following the procedures as set forth in subsection 61B-75.005(8), F.A.C.

History

• Rulemaking Authority 719.106(1)(d)1., 719.501(1)(f) FS. Law Implemented 719.129 FS. History–New 3-21-16.

Fla. Admin. Code R. 61B-75.0051 Provider Filing and Curriculum for Educational and Training Programs

(1) Anyone seeking to be a division approved cooperative education provider shall file with the division the educational materials used in the cooperative education program. The following information shall be included regarding the education program:

(a) A price list for the program and a copy of all materials, including any information that will be provided to participants.

(b) The physical locations where programs will be available, if not web-based.

(c) Dates when programs will be offered.

(2) All materials must be submitted to the division via e-mail to CTMH.BdMbrCertProviders@myfloridalicense.com, by providing access to web-based training programs, or in either printed form or CD ROM format to the following address: Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, FL 32399-1030.

(3) Programs shall cover at least four of the following topics in order to meet the requirements of an educational curriculum for a cooperative education program as provided in Section 719.106(1)(d)1.b., F.S.:

(a) Budgets and reserves.

(b) Elections.

(c) Financial reporting.

(d) Condominium operations.

(e) Records maintenance, including unit owner access to records.

(f) Dispute resolution.

(g) Bids and contracts.

(4) Programs and materials shall not contain editorial comments.

(5) Within 45 days from receipt of the materials, the division shall notify the provider of any deficiencies or that the materials have been approved. If the notice is not given within 45 days from receipt of the materials, the materials are deemed approved.

(6) The provider shall have 45 days from the date of the division’s notification of deficiencies to correct such deficiencies. If the deficiencies are not corrected within the 45-day period, the division shall reject the filing.

(7) Within 20 days from receipt of the corrections to noted deficiencies, the division shall notify the provider of any deficiencies or that the materials have been approved. If the notice is not given within 20 days from receipt of the corrections, the materials are deemed approved.

(8) Approved materials may be provided to participants via web-based training programs, seminars, or printed media.

(9) The division will maintain a list of approved programs and providers on the Department of Business and Professional Regulation’s website at http://www.myfloridalicense.com/dbpr/lsc/condominiums/CondoEducation.html.

(10) The division reserves the right to require changes to approved education and training programs.

(11) The provider will issue a certificate of completion to a board member who has successfully completed the approved educational curriculum.

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.106(1)(d)1.b., 719.501(1)(k) FS. History–New 2-18-15.

Fla. Admin. Code R. 61B-75.006 Right to Recall and Replace a Board Member; Developers; Other Unit Owners; Class Voting

(1) Developer Representatives. When both a developer and other unit owners are entitled to representation on a board of administration pursuant to Section 719.301, F.S., the following provisions apply to recall and replacement of board members elected or appointed by a developer:

(a) Only units owned by the developer shall be counted to establish a quorum for a meeting to recall and replace a board member who was elected or appointed by that developer.

(b) The percentage of voting interests required to recall a board member who was elected or appointed by a developer is a majority of the total units owned by that developer.

(c) A board member who is elected or appointed by a developer may be recalled only by that developer.

(d) Only the developer may vote, in person or by limited proxy, to fill a vacancy on the board previously occupied by a board member elected or appointed by that developer.

(2) Unit Owner Representatives. When both a developer and other units owners are entitled to representation on a board of administration pursuant to Section 719.301, F.S., the following provisions apply to recall and replacement of board members elected or appointed by unit owners other than a developer:

(a) Only units owned by unit owners other than a developer shall be counted to establish a quorum at a meeting to recall and replace a board member elected by unit owners other than a developer.

(b) The percentage of voting interests required to recall a board member elected by unit owners other than a developer, is a majority of the total units owned by unit owners other than a developer.

(c) A board member who is elected by unit owners other than a developer may be recalled only by unit owners rather than a developer.

(d) Only unit owners other than a developer may vote, in person or by limited proxy, to fill a vacancy on the board previously occupied by a board member elected by unit owners other than a developer.

(3) Class Voting. When the cooperative documents provide that a specific class of unit owners is entitled to elect a member or members to the board, the class of unit owners electing such member or members to the board shall constitute all the voting interests within the meaning of Section 719.106(1)(f), F.S., that may recall or remove such board member or members.

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.106(1)(f) FS. History–New 12-29-92, Formerly 7D-75.006, Amended 11-15-95.

Fla. Admin. Code R. 61B-75.007 Recall of One or More Members of a Board of Administration at a Unit Owner Meeting; Board Certification; Filling Vacancies

(1) Calling a Recall Meeting. Regardless of any provision to the contrary in the cooperative documents, 10 percent of the voting interests may call a meeting of the unit owners to recall one or more members of the board by the voting interests giving the notice specified in paragraphs (2)(a) and (b) below. As utilized in this rule, the phrase “cooperative documents” means the recorded articles of incorporation and bylaws of the association, and any amendments to each which are in effect, and any other documents establishing the cooperative.

(2) Noticing a Recall Meeting.

(a) Signature List. Prior to noticing a unit owner meeting to recall one or more members of the board, a list shall be circulated for the purpose of obtaining signatures of not less than ten percent of the voting interests. The signature list shall:

1. State that the purpose for obtaining signatures is to call a special unit owner meeting to recall one or more members of the board;

2. State that replacement board members shall be elected at the meeting if a majority or more of the existing board members are successfully recalled at the meeting; and,

3. Contain lines for the voting interest to fill in his unit number, signature and date of signature.

(b) Recall Meeting Notice. The recall meeting notice shall:

1. State that the purpose of the special unit owner meeting is to recall one or more members of the board and, if a majority or more of the board is subject to recall, the notice shall also state that an election to replace recalled board members will be conducted at the meeting;

2. List by name each board member sought to be recalled at the meeting, even if every board member is sought to be recalled;

3. Specify a person, other than a board member subject to recall at the meeting, who shall determine whether a quorum is present, call the recall meeting to order, preside, and proceed as provided in paragraph (3)(b) of this rule;

4. List at least as many eligible persons who are willing to be candidates for replacement board members as there are board members sought to be recalled, in those cases where a majority or more of the board is sought to be recalled. Candidates for replacement board members shall not be listed when a minority of the board is sought to be recalled, as the remaining members of the board may appoint replacements. In addition, the notice must state that nominations for replacement board members may be taken from the floor at the meeting;

5. Have attached to it a copy of the signature list referred to in paragraph (2)(a) above;

6. Be mailed or delivered to all unit owners at least 10 days prior to the recall meeting, if the association is incorporated, unless a different time for notice of the meeting is provided in the cooperative documents. If the association is unincorporated, notice shall be mailed or delivered according to the time requirements stated in the cooperative documents for sending unit owner meeting notices; and,

7. Be delivered to the board at least 10 days prior to the recall meeting, unless the cooperative documents provide a different notice requirement. The notice shall become an official record of the association upon actual receipt by the board.

(3) Recall Meeting; Electing Replacements.

(a) Date for Recall Meeting. If the association is incorporated, a recall meeting shall be held not less than 10 days nor more than 60 days from the date the notice of the recall meeting is mailed or delivered, unless otherwise provided in the cooperative documents.

(b) Conducting the Recall Meeting. After determining that a quorum exists (proxies may be used to establish a quorum) and the meeting is called to order, the voting interests shall proceed, as follows:

1. A representative to receive pleadings (e.g., copies of a petition for recall arbitration; motions), notices, or other papers on behalf of the recalling unit owners in the event the board disputes the recall, shall be elected or designated by the presiding officer.

2. A person to record the minutes of the recall meeting, who shall not be a board member subject to recall at that meeting, shall be elected or designated by the presiding officer.

3. The requirements of this subsection do not prohibit the voting interests from electing one person to perform one or more of these functions.

(c) Recall Meeting Minutes. The minutes of the recall meeting shall:

1. Record the date and time the recall meeting was called to order and adjourned;

2. Record the name or names of the person or persons chosen as the presiding officer, the recorder of the official minutes and the unit owner representative’s name and address;

3. Record the vote count taken on each member of the board sought to be recalled;

4. State whether the recall was effective as to each member sought to be recalled;

5. Record the vote count taken on each candidate to replace the board members subject to recall and, if applicable, record the specific seat the person was elected to, in those cases where a majority or more of the existing board was subject to recall; and,

6. Be delivered to the board and, upon such delivery to the board, become an official record of the association.

(d) Separate Recall Vote. The voting interests shall vote to recall each board member separately, unless otherwise provided in the declaration or bylaws.

(e) Filling Vacancies. When the voting interests have recalled one or more board members at a unit owner meeting, the following provisions apply regarding the filling of vacancies on the board:

1. If less than a majority of the existing board is recalled at the meeting, no election of replacement board members shall be conducted at the unit owner meeting as the existing board may, in its discretion, fill these vacancies, subject to the provisions of Section 719.301, F.S. and Rule 61B-75.006, F.A.C., by the affirmative vote of the remaining board members. In the alternative, if less than a majority of the existing board is recalled at the unit owner meeting, the board may call and conduct an election which meets the requirements of Section 719.106(1)(d)1., F.S. and Rule 61B-75.005, F.A.C., to fill a vacancy or vacancies;

2. If a majority or more of the existing board is recalled at the meeting, an election, which is subject to the provisions of Section 719.301, F.S., and Rule 61B-75.005, F.A.C., shall be conducted at the recall meeting to fill vacancies on the board occurring as a result of recall. The voting interests may vote in person or by limited proxy, to elect replacement board members in an amount equal to the number of recalled board members.

(f) Taking office. When a majority or more of the board is recalled at a unit owner meeting, replacement board members shall take office:

1. Upon the expiration of five full business days after adjournment of the unit owner recall meeting, if the board fails to hold its board meeting to determine whether to certify the recall within five full business days of the adjournment of the unit owner recall meeting; or,

2. Upon the expiration of five full business days after adjournment of the board meeting to determine whether to certify the recall, if the board fails to certify the recall and fails to file a petition for arbitration; or,

3. Upon certification of the recall by the board; or,

4. Upon certification of the recall by the arbitrator in accordance with subparagraph (3)(b)4. of this rule, if the board files a petition for recall arbitration.

(g) After adjournment of the meeting to recall one or more members of the board of administration:

1. Any rescission of an individual unit owner vote or any additional unit owner votes received in regard to the recall shall be ineffective.

2. Where the board determines not to certify the recall of a director and that director resigns, any appointment to fill the resulting vacancy shall be temporary pending the arbitration decision.

(4) Substantial compliance with the provisions of subsections (1), (2), and (3) of this rule shall be required for the effective recall of a board member or members.

(5) Board Meeting Concerning a Recall at a Unit Owner Meeting; Filling Vacancies. The board shall properly notice the board meeting at which it will determine whether to certify the recall of one or more board members at a unit owner meeting. It shall be presumed that recall of one or more board members at a unit owner meeting shall not, in and of itself, constitute grounds for an emergency meeting of the board if the board has been provided notice of the recall meeting as provided in subparagraph (2)(b)7. of this rule.

(a) Certified Recall. If the recall of one or more board members at a unit owner meeting is certified by the board, the recall shall be effective upon certification, and the following provisions apply:

1. Each recalled board member shall return to the board all association records in his possession within five full business days after adjournment of the board meeting at which the recall was certified.

2. If less than a majority of the existing board is recalled in a certified recall, a vacancy or vacancies on the board may be filled by the affirmative vote of a majority of the remaining board members, subject to the provisions of Section 719.301, F.S., and Rule 61B-75.006, Florida Administrative Code, regardless of whether the authority to fill vacancies in this manner is provided in the cooperative documents. No recalled board member shall be appointed by the board to fill any vacancy on the board. A board member appointed pursuant to this rule shall fill the vacancy for the unexpired term of the seat being filled. If the board determines not to fill vacancies by vote of the remaining board members or if it is unable to fill vacancies in this manner (e.g., if there is a tie vote on the proposed replacement member; if a quorum is not obtained, or otherwise), the board may, in its discretion, call and hold an election in the manner provided by Section 719.106(1)(d)1., F.S. and Rule 61B-75.005, F.A.C., in which case any person elected shall fill the entire remaining term.

3. If a majority or more of the board is recalled in a certified recall, those replacement board members elected at the recall meeting shall take office upon adjournment of the board meeting at which it was determined to certify the recall. A board member who is elected to fill a vacancy caused by recall shall fill the vacancy for the unexpired term of the seat being filled.

(b) Non-certification of Recall by the board. If the board votes not to certify the recall of one or more board members at a unit owner meeting for any reason, the following provisions apply:

1. The board shall, subject to the provisions of Chapter 61B-50, F.A.C., file a petition for arbitration with the division (i.e., be received by the division) within five full business days after adjournment of the board meeting at which the board determined not to certify the recall of one or more members of the board.

2. Any board member sought to be recalled shall, unless he resigns, continue to serve on the board until a final order regarding the validity of the recall is mailed by the arbitrator.

3. If the arbitrator certifies the recall of less than a majority of the board, the remaining board members may fill the vacancy or vacancies as provided in subparagraph (5)(a)2. of this rule.

4. If the arbitrator certifies the recall of a majority or more of the board, the term of office of those replacement board members elected at the recall meeting shall become effective upon mailing of the final order of arbitration. The term of office of any replacement board member shall expire in accordance with the provisions of subparagraph (5)(a)3. of this rule.

(6) Board Meeting Minutes. The minutes of the board meeting at which the board determines whether to certify the recall by vote at a unit owner meeting are an official record of the association and shall record the following information:

(a) The date and time the board meeting is called to order and adjourned;

(b) Whether the recall is certified by the board;

(c) The manner in which any vacancy on the board occurring as a result of recall will be filled, if the recall is certified; and,

(d) If the recall was not certified, the specific reasons it was not certified.

(7) Failure to duly notice and hold the board meeting. If the board fails to duly notice and hold a meeting to determine whether to certify the recall within five full business days of the adjournment of the unit owner recall meeting, the following shall apply:

(a) The recall shall be deemed effective immediately upon expiration of the last day of five full business days after adjournment of the unit owner recall meeting.

(b) If a majority of the board is recalled, replacement board members elected at the unit owner meeting shall take office immediately upon expiration of the last day of five full business days after adjournment of the unit owner recall meeting, in the manner specified in this rule.

(c) If the entire board is recalled, each recalled board member shall immediately return to the replacement board all association records in his possession. If less than the entire board is recalled, each recalled board member shall immediately return to the board all association records in his possession.

(8) Computation of five full business days. In computing the five full business days prescribed by Section 718.112(2)(k), F.S., and these rules, the day of the act from which the period of time begins to run shall not be included. Intervening days which are a Saturday, Sunday, or legal holiday as designated in Section 683.01, F.S., or as that section may subsequently be renumbered, shall not be included. The last day of the period which is not a Saturday, Sunday, or legal holiday as designated in Section 683.01, F.S., shall be included.

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.106(1)(f) FS. History–New 12-29-92, Formerly 7D-75.007, Amended 8-24-94, 11-15-95, 2-19-01.

Fla. Admin. Code R. 61B-75.008 Recall by Written Agreement of the Voting Interests; Board Certification; Filling Vacancies

(1) Form of Written Agreement. All written agreements used for the purpose of recalling one or more members of the board of administration shall:

(a) List by name each board member sought to be recalled;

(b) Provide spaces by the name of each board member sought to be recalled so that the person executing the agreement may indicate whether that individual board member should be recalled or retained;

(c) List, in the form of a ballot, at least as many eligible persons who are willing to be candidates for replacement board members as there are board members subject to recall, in those cases where a majority or more of the board is sought to be recalled. Candidates for replacement board members shall not be listed when a minority of the board is sought to be recalled, as the remaining board may appoint replacements. A space shall be provided by the name of each candidate so that the person executing the agreement may vote for as many replacement candidates as there are board members sought to be recalled. A space shall be provided and designated for write-in votes;

(d) Provide a space for the person executing the written agreement to state his name, identify his unit, and indicate the date the written agreement is signed;

(e) Provide a signature line for the person executing the written agreement to affirm that he is authorized in the manner required by the cooperative documents to cast the vote for that unit;

(f) Designate a representative who shall open the written agreements, tally the votes, serve copies on the board and, in the event the board does not certify the recall by written agreement and files a petition for arbitration, receive pleadings (e.g., copies of a petition for recall arbitration; motions), notices, or other papers on behalf of the voting interests executing the written agreement;

(g) The written agreement or a copy shall be served on the board by certified mail or by personal service. Personal service shall be effected in accordance with the procedures set out in Chapter 48, F.S., and the procedures for service of subpoenas as set out in Rule 1.410(c), Florida Rules of Civil Procedure; and,

(h) Become an official record of the association upon service upon the board.

(2) Substantial compliance with the provisions of subsection (1) of this rule shall be required for an effective recall of a board member or members.

(3) Board Meeting Concerning a Recall by Written Agreement; Filling Vacancies. The board shall hold a duly noticed meeting of the board to determine whether to certify (to validate or accept) the recall by written agreement within five full business days after service of the written agreement upon the board. It shall be presumed that service of a written agreement to recall one or more member or members of the board shall not, in and of itself, constitute grounds for an emergency meeting of the board to determine whether to certify the recall.

(a) Certified Recall. If the board votes to certify the written agreement to recall, the recall shall be effective upon certification, and the following provisions apply:

1. Each recalled board member shall return to the board all association records in his possession within five full business days after adjournment of the board meeting at which the recall was certified.

2. If less than a majority of the existing board is recalled in a certified recall, a vacancy or vacancies on the board may be filled by the affirmative vote of a majority of the remaining board members, subject to the provisions of Section 719.301, F.S. and Rule 61B-75.006, F.A.C., regardless of whether the authority to fill the vacancies in this manner is provided in the cooperative documents. No recalled board member shall be appointed by the board to fill any vacancy on the board. A board member appointed pursuant to this rule shall fill the vacancy for the unexpired term of the seat being filled. If the board determines not to fill vacancies by vote of the remaining board members or if it is unable to fill vacancies in this manner (e.g., if there is a tie vote on the proposed replacement member; if a quorum is not obtained, or otherwise), the board may, in its discretion, call and hold an election in the manner provided by Section 719.301, F.S., and Rule 61B-75.005, F.A.C., in which case any person elected shall fill the entire remaining term.

3. If a majority or more of the board is recalled in a certified recall, those replacement board members elected by the written agreement pursuant to the procedure referenced in paragraph (1)(c) of this rule shall take office upon adjournment of the board meeting at which it was determined to certify the recall. A board member who is elected to fill a vacancy caused by recall shall fill the vacancy for the unexpired term of the seat being filled.

(b) Non-certification of recall by the Board. If the board votes not to certify the written agreement to recall for any reason, the following provisions apply:

1. The board shall, subject to the provisions of Chapter 61B-50, F.A.C., file a petition for arbitration with the division (i.e., be received by the division within five full business days after adjournment of the board meeting at which the board determined not to certify the written agreement to recall.

2. Any board member sought to be recalled shall, unless he resigns, continue to serve on the board until a final order regarding the validity of the recall is mailed by the arbitrator.

3. If the arbitrator certifies the recall of less than the majority of the board, the remaining board members may fill the vacancy or vacancies as provided in subparagraph (3)(a)2. of this rule.

4. If the arbitrator certifies the recall of a majority or more of the board, the term of office of those replacement board members elected by written agreement of the voting interests shall become effective upon mailing of the final order of arbitration. The term of office of any replacement board member shall expire in accordance with the provisions of subparagraph (3)(a)3. of this rule.

(4) Board Meeting Minutes. The minutes of the board meeting at which the board determines whether to certify the recall are an official record of the association and shall record:

(a) The time the board meeting is called to order and adjourned;

(b) Whether the recall is certified by the board;

(c) The manner in which any vacancy on the board occurring as a result of recall will be filled, if the recall is certified; and,

(d) If the recall was not certified, the specific reasons it was not certified.

(5) After service of a written agreement on the board:

(a) Any rescission of an individual unit owner vote or any additional unit owner votes received in regard to the recall shall be ineffective.

(b) Where the board determines not to certify the recall of a director and that director resigns, any appointment to fill the resulting vacancy shall be temporary pending the arbitration decision.

(6) Taking office. When a majority or more of the board is recalled by written agreement, replacement board members shall take office:

(a) Upon the expiration of five full business days after service of the written agreement on the board, if the board fails to hold its board meeting to determine whether to certify the recall within five full business days after service of the written agreement; or,

(b) Upon the expiration of five full business days after adjournment of the board meeting to determine whether to certify the recall, if the board fails to certify the recall and fails to file a petition for arbitration; or,

(c) Upon certification of the recall by the board; or,

(d) Upon certification of the recall by the arbitrator, in accordance with subparagraph (3)(b)4. of this rule, if the board files a petition for recall arbitration.

(7) Failure to duly notice and hold a board meeting. If the board fails to duly notice and hold the board meeting to determine whether to certify the recall within five full business days of service of the written agreement, the following shall apply:

(a) The recall shall be deemed effective immediately upon expiration of the last day of the five full business days after service of the written agreement on the board.

(b) If a majority of the board is recalled, replacement board members elected by the written agreement shall take office upon expiration of five full business days after service of the written agreement on the board in the manner specified in this rule.

(c) If the entire board is recalled, each recalled board member shall immediately return to the replacement board all association records in his possession. If less than the entire board is recalled, each recalled board member shall immediately return to the board all association records in his possession.

(8) Computation of five full business days. In computing the five full business days prescribed by Section 719.106(1)(f), F.S., and these rules, the day of the act from which the period of time begins to run shall not be included. Intervening days which are a Saturday, Sunday, or legal holiday as designated in Section 683.01, F.S., or as that section may subsequently be renumbered, shall not be included. The last day of the period which is not a Saturday, Sunday, or legal holiday as designated in Section 683.01, F.S., shall be included.

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.106(1)(f) FS. History–New 12-29-92, Formerly 7D-75.008, Amended 11-15-95, 2-19-01.

Chapter 61B-76 ACCOUNTING AND FINANCIAL REPORTING REQUIREMENTS; BUDGETS, GUARANTEES, AND RESERVES; FINANCIAL STATEMENTS AND REPORTS

Fla. Admin. Code R. 61B-76.001 Definitions

For the purposes of this chapter the following definitions shall apply:

(1) “Accounting records” include all of the books and records identified in Section 719.104(2)(a)9., F.S., and any other records that identify, measure, record, and/or communicate financial information whether the records are maintained electronically or otherwise.

(2) “Capital expenditure” means any expenditure of funds for:

(a) The purchase of an asset whose useful life is greater than one year in length;

(b) The replacement of an asset whose useful life is greater than one year in length; or

(c) The addition to an asset that extends the useful life of the previously existing asset for a period greater than one year in length.

(3) “Deferred maintenance” means any maintenance or repair that:

(a) Will be performed less frequently than yearly; and

(b) Will result in maintaining the useful life of an asset.

(4) “Funds” means money and negotiable instruments including for example, cash, checks, notes, and securities.

(5) “Reserves” means any funds, other than operating funds, that are restricted for deferred maintenance and capital expenditures, including the items required by Section 719.106(1)(j)2., F.S., and any other funds restricted as to use by the cooperative documents or the cooperative association. Funds that are not restricted as to use by Section 719.106(1)(j)2., F.S., the cooperative documents or by the association shall not be considered reserves within the meaning of this rule.

(6) “Turnover” means transfer of association control from developers to non-developer unit owners pursuant to Section 719.301, F.S.

History

• Rulemaking Authority 719.501(1)(f), (j) FS. Law Implemented 719.104(2)(a)9., 719.106(1)(j)2., 719.501(1)(j) FS. History–New 12-20-95.

Fla. Admin. Code R. 61B-76.003 Budgets

(1) Required elements for estimated operating budgets. The budget for each association shall:

(a) State the estimated common expenses or expenditures on at least an annual basis;

(b) Disclose the beginning and ending dates of the period covered by the budget;

(c) Show the total assessment for each unit type in the proportions or percentages of sharing common expenses provided in the cooperative documents on a monthly basis, or for any other period for which assessments will be due;

(d) Include all estimated common expenses or expenditures of the association including the categories set forth in Section 719.504(20)(c), F.S. If the estimated common expense for any category set forth in the statute is not applicable, the category shall be listed followed by an indication that the expense is not applicable;

(e) Unless the association maintains a pooled account for reserves required by Section 719.106(1)(j), F.S., the association shall include a schedule stating each reserve account for capital expenditures and deferred maintenance as a separate line item with the following minimum disclosures:

1. The total estimated useful life of the asset;

2. The estimated remaining useful life of the asset;

3. The estimated replacement cost or deferred maintenance expense of the asset;

4. The estimated fund balance as of the beginning of the period for which the budget will be in effect; and

5. The developer’s total funding obligation, when all units are sold, for each converter reserve account established pursuant to Section 719.618, F.S., if applicable.

(f) If the association maintains a pooled account for reserves required by Section 719.106(1)(j), F.S., the association shall include a separate schedule of any pooled reserves with the following minimum disclosures:

1. The total estimated useful life of each asset within the pooled analysis;

2. The estimated remaining useful life of each asset within the pooled analysis;

3. The estimated replacement cost or deferred maintenance expense of each asset within the pooled analysis; and

4. The estimated fund balance of the pooled reserve account as of the beginning of the period for which the budget will be in effect.

(g) Include a separate schedule of any other reserve funds to be restricted by the association as a separate line item with the following minimum disclosures:

1. The intended use of the restricted funds; and

2. The estimated fund balance of the item as of the beginning of the period for which the budget will be in effect.

(2) Unrestricted expense categories. Expense categories that are not restricted as to use shall be stated in the operating portion of the budget rather than the reserve portion of the budget.

(3) Record keeping requirements for budgets. The minutes of the association shall reflect the adoption of the budget and a copy of the proposed and adopted budgets shall be maintained as part of the financial records of the association.

History

• Rulemaking Authority 719.501(1)(f), (j) FS. Law Implemented 719.106(1)(e), (j), 719.107(2), 719.501(1)(j) FS. History–New 12-20-95, Amended 7-29-08.

Fla. Admin. Code R. 61B-76.004 Guarantees of Common Expenses Under Section 719.108(8)(a)2., F.S

(1) Establishment of the guarantee. If a guarantee is not included in the purchase contracts, cooperative documents, or prospectus, any agreement establishing a guarantee shall be effective only upon the approval of a majority of the voting interests of the unit owners other than the developer. Approval shall be expressed at a meeting of the unit owners, voting in person or by limited proxy; or by agreement in writing without a meeting if provided in the bylaws. Such guarantee shall meet the requirements of this rule.

(2) Guarantee period. The period of time for the guarantee shall be indicated by a specific beginning and ending date or event.

(a) The ending date or event shall be the same for all of the unit owners of a cooperative including the unit owners in different phases of phase cooperatives;

(b) The guarantee may provide for different intervals of time during a guarantee period with different dollar amounts for each such interval; and

(c) The guarantee may provide that after the initial stated period, the developer has an option to extend the guarantee for one or more additional stated periods. The extension of a guarantee is limited to extending the ending date or event; therefore, the developer does not have the option of changing the level of assessments guaranteed.

(3) Maximum level of assessments. The stated dollar amount of the guarantee shall be an exact dollar amount for each type of unit identified in the cooperative documents. Regardless of the stated dollar amount of the guarantee, assessments charged to a unit owner shall not exceed the maximum obligation of the unit owner based on the total amount of the adopted budget and the unit owner's proportion or percentage of sharing common expenses.

(4) Cash funding requirements during the guarantee. The cash payments required from the guarantor during the guarantee period shall be determined as follows:

(a) If at any time during the guarantee period the funds collected from unit owner assessments at the guaranteed level are not sufficient to provide payment, on a timely basis, of all common expenses, including the full funding of reserves unless properly waived, the guarantor shall advance sufficient cash to the association at the time such payments are due; and

(b) No revenues or capital contributions other than regular periodic assessments, and cash payments by the guarantor as provided in paragraph (4)(a) of this rule, shall be utilized for the payment of common expenses during the guarantee period. This restriction includes items such as interest revenue, vending revenue, laundry revenue, other non-assessment revenue and capital contributions.

(5) Calculation of guarantor's final obligation. The guarantor’s total financial obligation to the association at the end of the guarantee period shall be determined on the accrual basis using the following formula:

(a) The guarantor shall fund the total common expenses incurred during the guarantee period; less

(b) The total regular periodic assessments charged to the unit owners other than the guarantor during the guarantee period regardless of whether the actual level charged was less than the maximum guaranteed amount.

History

• Rulemaking Authority 719.501(1)(f), (j) FS. Law Implemented 719.108(8), 719.501(1)(j) FS. History–New 12-20-95.

Fla. Admin. Code R. 61B-76.005 Reserves

(1) Reserves required by statute. Reserves, required by Section 719.106(1)(j), F.S., for capital expenditures and deferred maintenance including roofing, painting, paving, and any other item for which the deferred maintenance expense or replacement cost exceeds $10,000, shall be included in the budget. For the purpose of determining whether the deferred maintenance expense or replacement cost of an item exceeds $10,000, the association may consider each asset of the association separately. Alternatively, the association may group similar or related assets together. For example, an association responsible for the maintenance of two swimming pools, each of which will separately require $6,000 of total deferred maintenance, may establish a pool reserve, but is not required to do so.

(2) Commingling operating and reserve funds. Associations that collect operating and reserve assessments as a single payment shall not be considered to have commingled the funds provided the reserve portion of the payment is transferred to a separate reserve account, or accounts, within 30 calendar days from the date such funds were deposited.

(3) Calculating reserves required by statute. Reserves for deferred maintenance and capital expenditures required by Section 719.106(1)(j), F.S., shall be calculated using a formula that will provide funds equal to the total estimated deferred maintenance expense or total estimated replacement cost for an asset or group of assets over the remaining useful life of the asset or group of assets. Funding formulas for reserves required by Section 719.106(1)(j), F.S., shall be based on either a separate analysis of each of the required assets or a pooled analysis of two or more of the required assets.

(a) If the association maintains separate reserve accounts for each of the required assets, the amount of the current year contribution to each reserve component shall be the sum of the following calculation:

1. The total amount necessary, if any, to bring a negative account balance to zero; and

2. The total estimated deferred maintenance expense or total estimated replacement cost of the reserve asset less the estimated balance of the reserve account as of the beginning of the period for which the budget will be in effect. The remainder, if greater than zero, shall be divided by the estimated remaining useful life of the asset. The formula may be adjusted each year for changes in estimates and deferred maintenance performed during the year and may consider factors such as inflation and earnings on invested funds.

(b) If the association maintains a pooled account of two or more of the required reserve assets, the amount of the contribution to the pooled reserve account as disclosed on the proposed budget shall be not less than that required to ensure that the balance on hand at the beginning of the period for which the budget will go into effect plus the projected annual cash inflows over the remaining estimated useful lives of all of the assets that make up the reserve pool are equal to or greater than the projected annual cash outflows over the remaining estimated useful lives of all of the assets that make up the reserve pool, based on the current reserve analysis. The projected annual cash inflows may include estimated earnings from investment of principal. The reserve funding formula shall not include any type of balloon payments.

(4) Estimating reserves that are not required by statute. Reserves that are not required by Section 719.106(1)(j), F.S., are not required to be based on any specific formula.

(5) Estimating non-converter reserves when the developer is funding converter reserves. For the purpose of estimating non-converter reserves, the estimated fund balance of the non-converter reserve account related to any asset for which the developer has established converter reserves pursuant to Section 719.618, F.S., shall be the sum of:

(a) The developer’s total funding obligation, when all units are sold, for the converter reserve account pursuant to Section 719.618, F.S.; and

(b) The estimated fund balance of the non-converter reserve account, excluding the developer's converter obligation, as of the beginning of the period for which the budget will be in effect.

(6) Timely funding. Reserves included in the adopted budget are common expenses and must be fully funded unless properly waived or reduced. Reserves shall be funded in at least the same frequency that assessments are due from the unit owners (e.g., monthly or quarterly).

(7) Restrictions on use. Expenditure of unallocated interest income earned on reserve funds is restricted to any of the capital expenditures, deferred maintenance or other items for which reserve accounts have been established.

(8) Annual vote required to waive reserves. Any vote to waive or reduce reserves for capital expenditures and deferred maintenance required by Section 719.106(1)(j)2., F.S., shall be effective for only one annual budget.

(9) Developer Voting Restrictions. Prior to turnover the developer may cast votes to waive or reduce reserves during the association's first two fiscal years only, beginning with the date of the incorporation of the cooperative association. During any period that the developer is precluded from casting its votes to waive or reduce the funding of reserves, the approval of a majority of the non-developer voting interest at a duly called meeting of the association shall be required in order to waive or reduce the funding of reserves.

History

• Rulemaking Authority 719.501(1)(f), (j) FS. Law Implemented 719.106(1)(j), 719.501(1)(j), 719.618(1) FS. History–New 12-20-95, Amended 1-19-97, 7-29-08.

Fla. Admin. Code R. 61B-76.006 Financial Reporting Requirements

(1) Basis of accounting. The financial statements required by Sections 719.104(4)(b) and 719.301(4), F.S., as well as financial statements voluntarily prepared in lieu of a financial report as provided in Section 719.104(4), F.S., shall be prepared on the accrual basis using fund accounting in accordance with generally accepted accounting principles. Reviewed financial statements shall be reviewed in accordance with standards for accounting and review services and audited financial statements shall be audited in accordance with generally accepted auditing standards. Reviews and audits of an association’s financial statements shall be performed by an independent certified public accountant licensed by the Florida Board of Accountancy. As used in this rule the terms “generally accepted accounting principles”, “standards for accounting and review services”, and “generally accepted auditing standards” shall have the same meaning as set forth in Chapter 61H1-20, F.A.C.

(2) Components. The financial statements required by Sections 719.104(4)(b) and 719.301(4)(c), F.S., shall at a minimum include the following components:

(a) Accountant’s or Auditor’s Report;

(b) Balance Sheet;

(c) Statement of Revenues and Expenses;

(d) Statement of Changes in Fund Balances;

(e) Statement of Cash Flows, direct method; and

(f) Notes to Financial Statements.

(3) Disclosure requirements. The financial statements required by Sections 719.104(4)(b) and 719.301(4)(c), F.S., shall contain the following disclosures within the financial statements, notes, or supplementary information:

(a) The following reserve disclosures shall be made regardless of whether reserves have been waived for the fiscal period covered by the financial statements:

1. The beginning balance in each reserve account as of the beginning of the fiscal period covered by the financial statements;

2. The amount of assessments and other additions to each reserve account including authorized transfers from other reserve accounts;

3. The amount expended or removed from each reserve account, including authorized transfers to other reserve accounts;

4. The ending balance in each reserve account as of the end of the fiscal period covered by the financial statements;

5. The manner by which reserve items were estimated, the date the estimates were last made, the cooperative association's policies for allocating reserve fund interest, and whether reserves have been waived during the period covered by the financial statements; and,

6. If the developer has established converter reserves pursuant to Section 719.618(1), F.S., each converter reserve account shall be identified and include the disclosures required by this rule.

(b) The method by which income and expenses were allocated to the unit owners;

(c) The specific purpose or purposes of any special assessments to unit owners pursuant to Section 719.108(9), F.S., and the amount of each special assessment and the disposition of the funds collected; and

(d) If a guarantee pursuant to Section 719.108(8), F.S., existed at any time during the fiscal year, the financial statements shall disclose the following:

1. The period of time covered by the guarantee;

2. The amount of common expenses incurred during the guarantee period;

3. The amount of assessments charged to the non-developer unit owners during the guarantee period;

4. The amount of the developer's payments pursuant to the guarantee; and

5. Any financial obligation due to or from the developer resulting from the guarantee.

(4) Developer assessments. All financial reports and financial statements required by Chapter 719, F.S., shall disclose the assessment revenues from the developer separately from that of the non-developer unit owners.

(5) Financial reports required by Section 719.104(4)(a), F.S. The financial report required by Section 719.104(4)(a), F.S., shall meet the following requirements:

(a) The report shall be prepared on a cash basis;

(b) The report shall include the receipts and expenditures listed in Section 719.104(4)(a), F.S.; and

(c) The report shall contain the reserve disclosures required by Rule 61B-76.006(3)(a), F.A.C.

(d) The report shall include the special assessment disclosure required by paragraph 61B-76.006(3)(c), F.A.C.

(6) Minutes. The minutes of the association shall reflect the number of votes cast by the membership to waive the requirement for audited, reviewed, or compiled financial statements and the type of financial reporting that the association will be preparing and disseminating to the membership.

History

• Rulemaking Authority 719.104(4)(a), 719.501(1)(f), (j) FS. Law Implemented 719.104(4), 719.501(1)(j) FS. History–New 12-20-95, Amended 1-19-97, 3-19-15.

Fla. Admin. Code R. 61B-76.0062 Transition Financial Statements; Turnover Audit

(1) Period covered. The audit required by Section 719.301(4)(c), F.S., applies to all transfers of association control from developers to unit owners pursuant to Section 719.301(4), F.S. The audit shall cover a period beginning with the date of incorporation of the association, or from the end of the fiscal period covered by the last audit if all fiscal periods have been audited, and ending with the date of the transfer of association control to unit owners other than the developer. Nothing herein precludes the developer from exceeding the requirements of this rule by engaging a certified public accountant to audit the entire period of developer control rather than from the period covered by the last audit.

(2) Additional disclosure requirements for turnover audits. The financial statements, notes, or supplementary information shall present the revenues and expenses separately for each fiscal year and any interim periods included in the audit. The notes to the financial statements shall contain the following disclosures:

(a) A statement that the financial statements were prepared pursuant to Section 719.301(4)(c), F.S.;

(b) A statement of total cash payments made by the developer to the association;

(c) If the developer claims to have paid common expenses of the association that do not appear on the books and records of the association, the amount and purpose of each such expenditure shall be identified separately; and

(d) If a guarantee pursuant to Section 719.108(8), F.S., existed at any time during the period covered by the audit, the financial statements shall disclose the following:

1. The period of time covered by the guarantee;

2. The amount of common expenses incurred during the guarantee period;

3. The amount of assessments charged to the non-developer unit owners during the guarantee period;

4. The amount of the developer’s payments pursuant to the guarantee; and

5. Any financial obligation due to or from the developer resulting from the guarantee.

History

• Rulemaking Authority 719.501(1)(f), (j) FS. Law Implemented 719.301(4)(c), 719.501(1)(j) FS. History–New 12-20-95.

Chapter 61B-77 RESOLUTION GUIDELINES FOR COOPERATIVE DEVELOPERS

Fla. Admin. Code R. 61B-77.001 Definitions and Purpose

(1) Definitions. For the purposes of this rule chapter, the following definitions shall apply:

(a) “Accepted Complaint” means a complaint received by the division from someone with standing to file a complaint containing sufficient documentation and addressing a subject within the jurisdiction of the division, pursuant to Section 719.501(1), F.S. A complaint that merely recites the statutes or is based on mere suspicion or speculation, without a plain statement of facts clearly describing what is alleged to have occurred, will not be accepted.

(b) “Affirmative or corrective action” means putting remedial procedures in place to ensure that the violation does not recur, making any injured person whole as to the harm suffered in relation to the violation, or taking any other appropriate measures to redress the harm caused.

(c) “Alleged repeated violation” means the same or substantially similar recurring conduct cited in an accepted complaint received by the division within two years from the resolution of a previous complaint, the issuance of a final arbitration order or court order, or the entering of a final order by the division regarding that conduct.

(d) “Bad check” means any worthless check, draft, or order of payment identified under Section 68.065, F.S.

(2) Purpose. The purpose of the resolution guidelines is to implement the division’s responsibility to ensure compliance with the provisions of Chapter 719, F.S., and the division’s administrative rules. For those statutory or rule violations identified as minor in these rules, the division will first and foremost attempt to seek compliance through an educational resolution. For repeated statutory or rule violations, where the violations have not been corrected or otherwise resolved by the developer, or for violations identified as major in these rules, the division will seek statutory or rule compliance through an enforcement resolution. The guidelines detail the educational and enforcement procedures the division will use to seek statutory or rule compliance. The guidelines are also intended to implement the division’s statutory authority to give reasonable and meaningful notice to persons regulated by Chapter 719, F.S., and the administrative rules of the range of penalties that normally will be imposed, if an enforcement resolution is taken by the division. Finally, the rules are intended, pursuant to statutory mandate, to distinguish between minor and major violations based upon the potential harm that the violation may cause.

(3) The division shall apply these resolution guidelines against the developer pursuant to the division’s authority in Section 719.301(5), F.S. Therefore, the developer is responsible for the cost of affirmative or corrective action, or assessed penalties imposed under these guidelines, regardless of whether turnover has occurred. The developer shall not pass the cost of affirmative or corrective action or penalties on to the unit owners.

(4) These rules do not preclude the division from imposing affirmative or corrective action pursuant to Section 719.501(1)(d)2., F.S. Nothing in these rules shall limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, settlement agreement, or consent order. Rules 61B-77.001, 61B-77.002, and 61B-77.003, F.A.C., are necessary to explain the division’s education and enforcement policies. These rules are not intended to cover, or be applied to, violations of Chapter 719, F.S., or the administrative rules by a unit owner controlled association. Such violations shall be strictly governed by the provisions of Chapter 61B-78, F.A.C.

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.301(5), 719.501(1) FS. History–New 6-4-98, Amended 6-15-15.

Fla. Admin. Code R. 61B-77.002 Educational Resolution

An initial accepted complaint that is directed at a developer and involving a possible violation identified as minor in these guidelines will be resolved as follows:

If the division has reasonable cause to believe that a statutory or rule violation may have occurred, a Warning Letter will be sent to the developer. The Warning Letter will give the developer 14 calendar days in which to address, correct, or dispute the violation. The Warning Letter will identify the violation, and provide a contact telephone number and an investigator’s name so that the developer may contact the division for educational assistance or an educational conference in obtaining compliance. However, it is solely the responsibility of the developer to take action, when applicable, to achieve statutory or rule compliance. Failure to respond to a Warning Letter, or take affirmative or corrective action as requested by the division, will result in the division proceeding with an enforcement resolution. The Warning Letter shall not be considered final agency action. The division will notify the complainant of the resolution of the complaint, or if applicable, alternative dispute resolution options.

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.301(5), 719.501(1) FS. History–New 6-4-98, Amended 6-15-15.

Fla. Admin. Code R. 61B-77.003 Enforcement Resolution and Penalty Guidelines

(1) The division will seek compliance through an enforcement resolution for repeated minor violations, for the failure to correct or address a violation or provide unit owner redress as requested by the division, or for a major violation. If the division issues a notice to show cause, it will notify the developer of its right to a hearing under Chapter 120, F.S. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty. Nothing in these rules shall limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, settlement agreement, or consent order.

(2) General Provisions.

(a) Rule Not All-Inclusive. This rule chapter contains illustrative violations. It does not, and is not intended to, encompass all possible violations of statute or division rule that might be committed by a developer. The absence of any violation from this rule chapter shall in no way be construed to indicate that the violation does not cause substantial harm or is not subject to a penalty. In any instance where the violation is not listed in this rule chapter, the penalty will be determined by consideration of:

1. The closest analogous violation, if any, that is listed in this rule chapter; and

2. The mitigating or aggravating factors listed in this rule chapter.

(b) Violations Included. This rule chapter applies to all statutory and rule violations subject to a penalty authorized by Chapter 719, F.S.

(c) Rule Establishes Norm. These guidelines do not supersede the division’s authority to order a developer to cease and desist from any unlawful practice, or order other affirmative action in situations where the imposition of administrative penalties is not adequate. For example, notwithstanding the specification of relatively smaller penalties for particular violations, the division will suspend the imposition of a penalty and impose other remedies where aggravating or mitigating factors warrant it. If an enforcement resolution is utilized, the total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater.

(d) Description of Violations. Although the violations in Rule 61B-77.003, F.A.C., include specific references to statutes and administrative rules, the violations are described in general language and are not necessarily stated in the same language that would be used to formally allege a violation in a specific case. If any statutory or rule citation in Rule 61B-77.003, F.A.C., is changed, then the use of the previous statutory citation will not invalidate this rule chapter.

(3) Aggravating and Mitigating Factors. The division will consider aggravating and mitigating factors, which will reduce or increase the penalty amounts within the specified range, in determining penalties for both minor and major violations listed in this rule section. No aggravating factors will be applied to increase a penalty for a single violation above the statutory maximum of $5,000. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

No.

Description

Filing or causing to be filed any materially incorrect document in response to any division request or subpoena.

Financial loss to parties or persons affected by the violation.

Financial gain to parties or persons responsible for the violation.

The disciplinary history of the developer, including such action resulting in an enforcement resolution as detailed in Section 719.501, F.S. or Rule 61B-77.003, F.A.C.

The violation caused substiantial harm to unit owners, other persons, or entities.

The violation occurred for a long period of time.

The violation was repeated within 2 years.

The developer impeded the division’s investigation or authority.

(b) Mitigating Factors:

No.

Description

The violation or harm was related to a natural or manmade disaster(s).

Financial hardship to respondent.

The violation caused no harm to unit owners, other persons, or entities.

The violation occurred despite reliance on written professional or expert counsel advice.

The developer took affirmative or corrective action before it received the division’s written notification of the violation.

The developer expeditiously took affirmative or corrective action after it received the division’s written notification of the violation.

The developer cooperated with the division during the investigation.

(4) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil or criminal prosecution that may be brought.

(5) The imposition of a penalty does not preclude the division from imposing additional sanctions or remedies provided under Chapter 719, F.S.

(6) In addition to the penalties established in this rule chapter, the division reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the division reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages imposed by law if a developer submits a bad check to the division.

(7) Penalties.

(a) Minor Violations. The following violations shall be considered minor due to their lower potential for public harm. If an enforcement resolution is utilized, the division shall impose a civil penalty between $1 and $5 per unit for each minor violation. The penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any accepted aggravating or mitigating factors submitted with proper documentation. An occurrence of six or more aggravating factors or five or more mitigating factors will result in a penalty being assessed outside of the specified range. The total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater. In no event shall a penalty of more than $5,000 be imposed for a single violation. The enumeration of violations is descriptive only; the full language of each statutory and rule provision cited must be consulted in order to determine the conduct included in the violation. The following are identified as minor violations:

No.

Category

Statute or Rule Cite

Description of Conduct/Violation

Assessment

Section 719.108(6), F.S.

Failure to provide within 15 days a certificate stating all assessments and other moneys owed to the association by the unit owner with respect to the cooperative parcel.

Board

Section 719.1035(1), F.S.

Failure to maintain corporate status of the association.

Board

Section 719.1055(4)(b), F.S.

Failure to include the full text showing underlined or strikethrough language in the proposed amendment to the cooperative documents.

Board

Section 719.106(1)(a)3., F.S.

Failure to provide a timely or substantive response to a written inquiry received by certified mail.

Board

Section 719.106(1)(b)1., F.S.

Action taken at unit owner meeting without quorum.

Board

Section 719.106(1)(c), F.S.

Failure to properly notice and conduct board of administration or committee

meetings. Notice failed to indicate assessment would be considered. Failure to maintain affidavit by person who gave notice of special assessment meeting. Failure to ratify emergency action at next meeting. Failure to adopt a rule regarding posting of notices. Failure to notice meeting. Action on item not on agenda. Notice did not include agenda. Failure to allow unit owners to speak or unreasonably restricting the frequency, duration, or manner of unit owner statements at meeting. Failure to allow unit owners to attend meeting.

Board

Section 719.106(1)(d), F.S.

Failure to provide notice of the annual meeting not less than 14 days prior to the meeting. Failure to include agenda. Failure to maintain affidavit by person who gave notice of annual meeting. Failure to adopt a rule designating a specific place for posting notice of unit owner meetings.

Board

Section 719.106(1)(d)2., F.S.

Permitting unit owner action by written agreement without express authority from Chapter 719, F.S., or the cooperative governing documents.

Board

Section 719.106(1)(h), F.S.

Failure to include the full text showing underlined or strikethrough language in the proposed amendment to the bylaws.

Board

Section 719.3026(1), F.S.

Failure to obtain competitive bids on contracts that exceed five percent of the association’s budget.

Board

Section 719.106(1)(b)5., F.S.

Failure to provide a speaker phone for board or committee meetings held by teleconference.

Board

Section 719.106(1)(c), F.S.

Rule 61B-75.004, F.A.C.

Failure to allow a unit owner to tape record or video tape meeings.

Budgets

Section 719.106(1)(e), F.S.

Failure to timely notice budget meeting. Failure to timely deliver proposed budget.

Budgets

Section 719.106(1)(j)1., F.S.

Section 719.504(20)(c), F.S.

Failure to include applicable line items in proposed budget.

Budgets

Paragraph 61B-76.003(1)(b), FAC.

Failure to disclose the beginning and ending dates of the period covered by the budget.

Budgets

Paragraph 61B-76.003(1)(c), F.A.C.

Failure to disclose periodic assessments for each unit type in proposed budget.

Development

Section 719.301(2), F.S.

Failure to file name and address of first non-developer board member.

Development

Section 719.301(4)(a)1., F.S.

Failure to deliver cooperative documents and all amendments thereto upon transfer of association control.

Development

Section 719.301(4)(a)2., F.S.

Failure to deliver articles of incorporation upon transfer of association control.

Development

Section 719.301(4)(a)3., F.S.

Failure to deliver the bylaws upon transfer of association control.

Development

Section 719.301(4)(a)5., F.S.

Failure to deliver house rules upon transfer of association control.

Development

Section 719.301(4)(b), F.S.

Failure to deliver resignations of officers and board members upon transfer of association control.

Development

Section 719.301(4)(i), F.S.

Failure to deliver copies of certificates of occupancy upon transfer of association control.

Development

Section 719.301(4)(j), F.S.

Failure to deliver permits upon transfer of association control.

Development

Section 719.301(4)(l), F.S.

Failure to deliver unit owner roster upon transfer of association control.

Elections

Subsection 61B-75.005(8), F.A.C.

Failure to provide space for name, unit number, and signature on outer envelope.

Elections

Subsection 61B-75.005(9), F.A.C.

Failure to list candidates alphabetically by surname on the ballot.

Elections

Paragraph 61B-75.005(10)(b), F.A.C.

Improper verification of outer envelopes.

Records

Section 719.104(2)(a)2., F.S.

Failure to maintain a copy of the cooperative documents.

Records

Section 719.104(2)(a)5., F.S.

Failure to maintain a current and complete unit owner roster.

Records

Section 719.104(2)(a)12., F.S.

Failure to maintain or annually update the question and answer sheet.

Records

Section 719.104(2)(a)13., F.S.

Failure to maintain other association records related to the operation of the association.

Records

Section 719.104(8)(b), F.S.

Failure to record a vote or an abstention in the minutes for each board member present at the board meeting.

Records

Subsection 61B-76.003(3), F.A.C.

Failure to reflect the adoption of the budget in meeting minutes.

Reporting

Subparagraph 61B-76.006(3)(a)5., F.A.C.

Failure to disclose in the annual financial statements or turnover audit the manner by which reserve items were estimated and/or the date the estimates were last made.

Reporting

Paragraph 61B-76.006(3)(b), F.A.C.

Failure to disclose the method of allocating income and expenses in the annual financial statements or turnover audit.

Reporting

Subsection 61B-76.006(4), F.A.C.

Failure to show developer assessments separately from other assessment revenues in the annual financial report (statements) or turnover audit.

(b) Major Violations. The following violations shall be considered major due to their increased potential for public harm. If an enforcement resolution is utilized, the penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any accepted aggravating or mitigating factors submitted with proper documentation. An occurrence of six or more aggravating factors or five or more mitigating factors will result in a penalty being assessed outside of the specified range. The total penalty to be assessed shall be calculated according to these guidelines or $500, whichever amount is greater. In no event shall a penalty of more than $5,000 be imposed for a single violation. The enumeration of violations is descriptive only; the full language of each statutory and rule provision cited must be consulted in order to determine the conduct included in the violation. The penalties for each violation are as follows:

Level 1: $10 – $18 per unit.

Level 2: $20 – $50 per unit.

Level 3: $100 – $300 for each unit offered/created; deposit or contract.

No.

Category

Statute or Rule Cite

Description of Conduct/Violation

Penalty

Level

Accounting

Records

Section 719.104(2)(a)9., F.S.

Insufficient or incomplete accounting records.

2

Assessing

Section 719.106(1)(g), F.S.

Failure to assess at sufficient accounts to meet expenses.

1

Assessing

Section 719.106(1)(g), F.S.

Collecting assessments less frequently than quarterly.

1

Assessing

Section 719.107(2), F.S.

Failure to assess based upon the shares stated in the cooperative documents.

2

Assessing

Section 719.108(3), F.S.

Failure to charge interest on past due assessments.

2

Assessing

Sections 719.108(1), (8), F.S.

Developer or other owner improperly excused from paying assessments.

2

Board

Section 719.104(3), F.S.

Failure to insure the association property.

2

Board

Section 719.104(5), F.S.

Improper use fee.

1

Board

Section 719.104(8)(b), F.S.

Use of proxies or improper use of secret ballots by board members at a board meeting.

1

Board

Section 719.105, F.S.

Section 719.109(1), F.S.

Unit owner denied access to unit or to common areas.

1

Board

Section 719.1055, F.S.

Improperly amending the cooperative documents.

2

Board

Section 719.106(1)(a)1., F.S.

Compensating officers or members of the board without express authority from the cooperative governing documents.

2

Board

Section 719.106(1), F.S.

Allowing ineligible person to serve on board of administration.

2

Board

Section 719.106(1)(b)2., F.S.

Improper use of general proxies. Use of non-conforming limited proxies.

1

Board

Section 719.106(1)(c), F.S.

Excluding unit owners from board or committee meetings.

1

Board

Section 719.106(1)(d), F.S.

Failure to hold annual meeting.

2

Board

Section 719.106(1)(f), F.S.

Improper removal of board member.

1

Board

Section 719.106(1)(h), F.S.

Improperly amending the association bylaws.

2

Board

Section 719.106(1)(i), F.S.

Requiring transfer fees or security deposits without express authority from the cooperative governing documents. Requiring excessive transfer fees.

1

Board

Section 719.106(1)(k), F.S.

Failure to maintain adequate fidelity bonding for all persons who control or disburse association funds.

2

Board

Subsection 61B-75.005(13), F.A.C.

Improperly filling a vacancy of an unexpired term on the board.

1

Board

Section 719.108(3), F.S.

Levying late fees without express authority from the cooperative governing documents.

1

Board

Section 719.115(3), F.S.

Failure to timely notify unit owners of legal action.

1

Board

Sections 719.303(3), (4), (5), (6), F.S.

Imposing fines without proper notice. Imposing excessive fines. Improper suspension of use rights and voting rights; failure to provide proper notice.

1

Budgets

Section 719.106(1)(e), F.S.

Failure to propose/adopt budget for a given year.

2

Budgets

Section 719.106(1)(e)4., F.S.

Developer increased assessments more than 115% without approval.

1

Budgets

Subparagraph

61B-76.003(1)(e)5., F.A.C.

Failure to disclose converter reserve funding.

1

Budgets

Paragraphs

61B-76.003(1)(e), (f), (g), F.A.C.

Failure to include reserve schedule in the proposed budget.

1

Budgets

Paragraphs

61B-76.003(1)(e), (f), F.A.C.

Subsections 61B-76.005(1), (5), F.A.C.

Failure to include a required reserve item in proposed budget.

1

Budgets

Section 719.106(1)(j)2., F.S.

Subsections 61B-76.005(3), (5), F.A.C.

Improper calculation of reserve requirements.

1

Commingle

Section 719.104(7), F.S.

Commingling association funds with non-association funds.

2

Commingle

Section 719.104(7), F.S.

Association funds deposited in account not in association’s name.

1

Commingle

Section 719.104(7), F.S.

Subsection 61B-76.005(2), F.A.C.

Commingling reserve funds with operating funds.

1

Common

Expenses

Section 719.107(1), F.S.

Using association funds for other than common expenses.

2

Converter

Reserves

Section 719.618(1), F.S.

Failure to calculate converter reserves properly.

2

Converter

Reserves

Section 719.618(2), F.S.

Failure to fund converter reserves in a timely manner.

2

Converter

Reserves

Section 719.618(3)(b), F.S.

Improper use of converter reserves.

1

Converter

Reserves

Subparagraph

61B-76.003(1)(e)5., F.A.C.

Failure to include converter reserve disclosures in the proposed budget.

1

Development

Section 719.202(1), F.S.

Developer using an alternative assurance, in lieu of an escrow account, without the prior approval of the Director.

3

Development

Section 719.202(1), F.S.

Failure to place purchase deposits in escrow.

3

Development

Section 719.202(6), F.S.

Failure to place reservation deposits in escrow.

3

Development

Sections 719.301(1), (2), (4), F.S.

Failure to transfer association control.

2

Development

Section 719.301(1)(a)4., F.S.

Failure to deliver the minute books upon transfer of association control.

2

Development

Section 719.301(4)(c), F.S.

Failure to deliver the financial records (other than the audit) within 90 days of transfer of association control.

2

Development

Section 719.301(4)(d), F.S.

Failure to deliver the association funds upon transfer of association control.

2

Development

Section 719.301(4)(e), F.S.

Failure to deliver all tangible personal property of the association upon transfer of association control.

2

Development

Section 719.301(4)(f), F.S.

Failure to deliver a copy of the plans, specifications and affidavit upon transfer of association control.

1

Development

Section 719.301(4)(g), F.S.

Failure to deliver the list of contractors upon transfer of association control.

1

Development

Section 719.301(4)(h), F.S.

Failure to deliver copies of insurance policies upon transfer of association control.

1

Development

Section 719.301(4)(k), F.S.

Failure to deliver copies of all warranties upon transfer of association control.

1

Development

Section 719.301(4)(m), F.S.

Failure to deliver copies of all leases to which the association is a party upon transfer of association control.

1

Development

Sections 719.301(4)(n), (o), F.S.

Failure to deliver copies of all contracts involving the association upon transfer of association control.

1

Development

Section 719.403(1), F.S.

Continuing to develop phases after expiration of phase deadline.

3

Development

Sections 719.403(1), (2), F.S.

Improperly amending cooperative documents to provide for phased development.

2

Development

Section 719.502(2)(a), F.S.

Paragraph 61B-79.001(2)(b), F.A.C.

Accepting reservation deposits prior to filing reservation program with the division.

3

Development

Section 719.502(2)(a), F.S.

Paragraph 61B-79.001(2)(a), (3), F.A.C.

Offering sales contracts prior to filing with division.

3

Development

Section 719.502(3), F.S.

Subsection 61B-79.003(2), F.A.C.

Offering sales contracts on units within a phase prior to filing phase documents with the division.

3

Development

Section 719.502(3), F.S.

Subsection 61B-79.003(2), F.A.C.

Failure to file amendments to documents previously filed with the division.

1

Development

Section 719.503(1)(a), F.S.

Subsection 61B-79.004(9), F.A.C.

Using sales contracts without required disclosures.

3

Development

Section 719.503(1)(b), F.S.

Failure to provide disclosure documents to purchasers.

3

Development

Section 719.503(1)(b), F.S.

Failure to allow purchaser to rescind contract upon receipt of timely notice from purchaser.

3

Development

Subsection 61B-79.001(3), F.A.C.

Closing on sales of units prior to the division’s approval of the filing.

3

Development

Section 719.504(10), F.S.

Failure to disclose rental program in prospectus.

1

Elections

Section 719.106(1)(d), F.S.

Sections 719.301(1), (2), F.S.

Subsection 61B-75.005(2), F.A.C.

Failure to hold election to permit participation on board by non-developer owners. Failure to permit participation on board by non-developer owners after 15 percent of units have been sold.

2

Elections

Section 719.106(1)(d)1., F.S.

Subsection 61B-75.005(3), F.A.C.

Use of nomination procedures in an election.

2

.66

Elections

Subsection 61B-75.005(2), F.A.C.

Election not held at time and place of annual meeting.

1

Elections

Section 719.106(1)(d)1.a., F.S.

Subsection 61B-75.005(4), F.A.C.

Failure to provide, or timely provide, first notice of election.

2

Elections

Section 719.301(2), F.S.

Failure to provide, or timely provide, first notice of turnover election.

2

Elections

Section 719.106(1)(d)1.a., F.S.

Subsections 61B-75.005(7), (8), F.A.C.

Failure to provide, or timely provide, second notice of election or omitting ballots, envelopes, and candidate information sheets.

2

Elections

Subsection 61B-75.005(8), F.A.C.

Voters allowed to rescind or change their previously cast ballots.

1

Elections

Section 719.106(1)(d)1.a., F.S.

Subsection 61B-75.005(7), F.A.C.

Association altered or edited candidate-information sheets.

2

Elections

Section 719.106(1)(d)1., F.S.

Failure to use ballots or voting machines.

2

Elections

Section 719.106(1)(d)1.a., F.S.

Subsection 61B-75.005(5), F.A.C.

Ballot included candidate who did not timely submit notice of candidacy.

2

Elections

Subsection 61B-75.005(6), F.A.C.

Failure to provide candidate a receipt for personally delivered written notice of candidacy.

1

Elections

Subsection 61B-75.005(7), F.A.C.

Distributing candidate information sheets consisting of more than one side of a page.

1

Elections

Subsection 61B-75.005(8), F.A.C.

Second notice of election included comments by board about candidates.

2

Elections

Paragraph

61B-75.005(10)(a), F.A.C.

Ballots not counted by impartial committee.

1

Elections

Paragraph

61B-75.005(10)(a), F.A.C.

Inner envelopes not placed in separate receptacle before being opened.

2

Elections

Section 719.106(1)(d)1.a., F.S.

Subsection 61B-75.005(9), F.A.C.

Failure to include all timely submitted names of eligible candidates on the ballot.

2

Elections

Subsection 61B-75.005(9), F.A.C.

Ballots not uniform. Ballots identify voter. Ballots included space for write-in candidate.

2

Elections

Subsection 61B-75.005(10), F.A.C.

Outer envelopes not checked against list of eligible voters.

1

Elections

Paragraphs

61B-75.005(10)(a), (b), F.A.C.

Counting ineligible ballots.

1

Elections

Paragraph

61B-75.005(10)(a), F.A.C.

Failure to count properly cast ballots.

1

Elections

Subsection 61B-75.005(10), F.A.C.

Outer envelopes opened prior to election meeting. Outer envelopes not opened in presence of unit owners.

2

Elections

Paragraph

61B-75.005(10)(a), F.A.C.

Not counting ballots in the presence of unit owners.

2

Elections

Paragraph

61B-75.005(10)(b), F.A.C.

Failure to notice meeting to verify outer-envelope information.

1

Elections

Paragraph

61B-75.005(10)(c), F.A.C.

Failure to hold, or timely hold, runoff election.

2

Elections

Paragraph

61B-75.005(10)(a), F.A.C.

No blank ballots available at election meeting.

2

Final Order

Section 719.501(1)(d)4., F.S.

Failure to comply with final order of the division.

2

Guarantee

Section 719.108(8), F.S.

Subsection 61B-76.004(1), F.A.C.

Guarantee not properly established.

2

Guarantee

Section 719.108(8)(a), F.S.

Subsection 61B-76.004(3), F.A.C.

Improperly assessing unit owners.

2

Guarantee

Section 719.108(8)(a), F.S.

Subsections 61B-76.004(4), (5), F.A.C.

Failure to advance sufficient cash.

2

Guarantee

Section 719.108(8)(b), F.S.

Subsection 61B-76.004(4), F.A.C.

Expending capital contributions or special assessment funds during guarantee period.

2

Guarantee

Subsection 61B-76.004(2), F.A.C.

Guarantee period unclear/not specified, not properly extended.

2

Records

Section 719.104(2)(a)4., F.S.

Failure to maintain minutes of meetings.

1

Records

Section 719.104(2)(a)6., F.S.

Failure to maintain a copy of a current insurance policy.

1

Records

Section 719.104(2)(a)7., F.S.

Failure to maintain copy of management agreement or other contract under which the association has obligations.

1

Records

Section 719.104(2)(a)8., F.S.

Failure to maintain bills of sale or transfer.

1

Records

Section 719.104(2)(a)10., F.S.

Failure to maintain election or voting materials for one year.

1

Records

Section 719.104(2)(a)11., F.S.

Failure to maintain rental records.

1

Records

Section 719.104(2)(c), F.S. Section 719.107(1)(a), F.S.

Requiring a unit owner to pay a fee for access to association records.

1

Records

Section 719.104(2)(b), F.S.

Failure to maintain records within Florida.

2

Records

Sections 719.104(2)(b), (c), F.S.

Failure to provide access to records. Failure to allow scanning or copying of records.

1

Records

Section 719.104(2)(e), F.S.

Failure of outgoing board or committee member to relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election.

2

Reporting

Section 719.104(4), F.S.

Subsections 61B-76.006(6), (8), F.A.C.

Failure to provide, or timely provide, the annual financial report or statements.

2

Reporting

Section 719.104(4)(b), F.S.

Paragraph 61B-76.006(9)(b), F.A.C.

Prior to turnover of control of the association, developer was included in vote to waive audit requirement after the first two years of operation.

2

Reporting

Section 719.104(4)(c), F.S.

Subsection 61B-76.0062(1), F.A.C.

Failure to provide, or timely provide, turnover financial statements. Turnover financial statements not audited. Failure of turnover financial statements to cover entire period of control.

2

Reporting

Subsection 61B-76.006(1), F.A.C.

Failure to prepare annual/turnover financial statements using fund accounting. Failure to prepare annual/turnover financial statements on accrual basis.

1

Reporting

Section 719.104(4)(a), F.S.

Subsection 61B-76.006(1), F.A.C.

Failure to prepare annual/turnover financial statements in accordance with Generally Accepted Accounting Principles (GAAP). Failure to have reviewed or audited annual/turnover financial statements prepared by a Florida licensed CPA.

2

Reporting

Subsection 61B-76.006(2), F.A.C.

Failure to include one or more components of the annual/turnover financial statements (incomplete).

1

Reporting

Subparagraphs

61B-76.006(3)(a)1.-5., F.A.C.

Failure to make significant reserve fund disclosures in the annual/turnover financial statements.

1

Reporting

Subparagraph

61B-76.006(3)(a)6., F.A.C.

Failure to include converter reserve disclosures in the annual financial statements.

1

Reporting

Paragraph 61B-76.006(5)(c), F.A.C.

Failure to include converter reserve disclosures in the annual financial report.

1

Reporting

Paragraph 61B-76.006(5)(c), F.A.C.

Failure to include the required reserve fund disclosures in the annual financial report.

1

Reporting

Paragraph 61B-76.006(3)(c), F.A.C.

Failure to include the special assessment disclosures in the annual financial statements.

1

Reporting

Paragraph 61B-76.006(3)(d), F.A.C.

Incomplete or missing guarantee disclosures in the annual financial statements.

1

Reporting

Paragraph 61B-76.006(2)(d), F.A.C.

Incomplete or missing guarantee disclosures in the turnover financial statements.

1

Reporting

Subparagraph

61B-76.006(3)(d)5., F.A.C.

Failure to properly calculate guarantor’s final obligation.

2

Reporting

Paragraph

61B-76.006(5)(a), F.A.C.

Failure to prepare the annual financial report on a cash basis.

1

Reporting

Section 719.104(4)(c), F.S.

Paragraph

61B-76.006(5)(b), F.A.C.

Failure to include in the annual financial report specified receipt or expenditure items.

1

Reporting

Subsection

61B-76.006(8), F.A.C.

Providing lower level of annual financial reporting than required.

2

Reporting

Subsection

61B-76.0062(2), F.A.C.

Failure to present revenues and expenses for each fiscal year and interim period in the turnover financial statements.

2

Reporting

Subsection

61B-76.0062(2), F.A.C.

Failure to include in the turnover audit a statement of total cash payments made by the developer to the association.

2

Reserves

Section 719.106(1)(j)2., F.S.

Subsection

61B-76.005(6), F.A.C.

Failure to fund reserves in a timely manner. Failure to fully fund reserves.

1

Reserves

Section 719.106(1)(j)2., F.S.

Subsections

61B-76.005(6), (8), F.A.C.

Failure to follow proper method to waive or reduce reserve funding.

1

Reserves

Section 719.106(1)(j)2., F.S.

Subsection

61B-76.005(9), F.A.C.

Prior to turnover of control of the association, developer included in vote to waive/reduce reserve funding after first two years of operation.

1

Reserves

Section 719.106(1)(j)3., F.S.

Subsection

61B-76.005(7), F.A.C.

Using reserve funds for other purposes without proper unit owner approval.

2

Special Assessment

Section 719.108(9), F.S.

Using special assessment funds for other than intended purposes.

1

Special Assessment

Section 719.108(9), F.S.

Failure to state purpose of special assessment in the special assessment notice.

1

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.301(5), 719.501(1) FS. History–New 6-4-98, Amended 6-15-15.

Chapter 61B-78 ASSOCIATION FEE AND MAILING ADDRESS; COOPERATIVE RESOLUTION GUIDELINES FOR UNIT OWNER CONTROLLED ASSOCIATIONS

Fla. Admin. Code R. 61B-78.001 Operation of the Cooperative Association

(1) Each association shall create an online account with the division at https://www2.myfloridalicense.com/condominiums-and-cooperatives/create-online-account/. An association which records after October 1, 2025, shall create an online account with the division within 30 days of initial association recording.

(a) Each association shall include the following information within the online account within 45 days of the effective date of this rule or initial association recording, whichever is later:

1. Contact Information.

a. The name of the association as provided for in the association’s governing documents.

b. The mailing address and county of the association.

c. The email address and phone number for the association.

d. The name and contact information of the association’s community association manager or community association management firm, if applicable.

e. The name and board title for each member of the association’s board.

f. The association website address, if applicable. The association may provide the division with login credentials to the association website.

g. The physical address of the cooperative property.

2. Condominium association buildings. The total number of buildings and for each building in the association:

a. The physical address.

b. The total number of stories, including the habitable and uninhabitable stories.

c. The total number of units.

d. The year the certificate of occupancy was issued.

e. Any construction commenced within the common elements within the previous calendar year for each building within the association. Construction is deemed commenced when a notice of commencement is required or filed.

3. Assessments.

a. The amount of assessments and special assessments for the current fiscal year, including reserves, and the projected amount of assessments and special assessments for the next fiscal year, including reserves.

b. The purpose of the assessments and special assessments.

c. The name of all financial institutions with which the association maintains accounts.

4. Structural integrity reserve study (SIRS) reporting submission. The association shall provide a copy of any structural integrity reserve study and any associated materials through the association’s online account with the division within 5 business days of a request from the department. The department may make requests to the association through the online account.

(b) Each association shall review, verify, and update all required information submitted through its online account with the division on an annual basis, by no later than January 15 of each calendar year.

(c) In addition to the annual update, each cooperative association must update the contact information within its online account with the division within 30 days of any change to contact information.

(d) Annual updates and changes submitted through the online account are deemed received only upon the association’s receipt of electronic confirmation from the department.

(2) The annual fee shall be paid as follows:

(a) The division shall provide to the association an annual fee statement. The failure to receive the annual fee statement shall not relieve the association of the obligation to pay the fee. Annual fees shall be paid online at www.MyFloridaLicense.com or by check or money order made payable to Division of Florida Condominiums, Timeshares, and Mobile Homes.

(b) If the documents are amended during the year to alter the number of units, the association shall pay the annual fee on the highest number of units during the year.

(2) The association shall, within 30 days of a change of address, notify the division in writing of its new mailing address.

(3) Each association that votes to forego retrofitting of the common areas or units of a residential cooperative with a fire sprinkler system, handrails, or guardrails, shall report the voting results and certification information for each affected cooperative to the division within the association’s online account. If retrofitting has been undertaken by a residential cooperative, the association shall report the per-unit cost of such work to the division in the online account within 60 days of recordation of the retrofitting waiver certificate in the public records where the cooperative is located or upon commencement of the retrofitting project. The division shall prepare separate reports of information obtained from associations relating to the waiver of a fire sprinkler system and the waiver of handrails and guardrails and deliver the reports to the Division of State Fire Marshal of the Department of Financial Services no later than September 1 of each year.

(4)(a) As provided for by Section 719.1055, F.S., any vote to waive a retrofitting requirement shall be held at a duly called meeting of the membership, with members voting live and in person, or may be conducted without a membership meeting by written consents, or may be conducted by a combination of the two with the association counting written consents received along with votes cast live and in person at a duly called meeting of the membership. Effective October 1, 2004, retrofitting requirements related to a fire sprinkler system may also be waived by the use of limited proxies cast at a duly called meeting of the membership.

(b) The written consent form utilized by the association must contain a space for the authorized voter to sign and must identify the unit owned. Voting by written consent may be utilized by an association regardless of whether the cooperative documents specifically permit voting by written consent.

History

• Rulemaking Authority 719.501(1)(f), 719.501(3) FS. Law Implemented 719.1055(5), (6), 719.501(1), (2), (3) FS. History–New 2-17-98, Amended 1-28-04, 11-30-04, 2-22-15, 9-1-15, 7-14-26.

Fla. Admin. Code R. 61B-78.002 Definitions and Purpose

(1) Definitions. For the purposes of this rule chapter, the following definitions shall apply:

(a) “Accepted complaint” means a complaint received by the division from someone with standing to file a complaint containing sufficient documentation and addressing a subject within the jurisdiction of the division, pursuant to Section 719.501(1), F.S. A complaint that merely recites the statutes or is based on mere suspicion or speculation, without a plain statement of facts clearly describing what is alleged to have occurred, will not be accepted.

(b) “Affirmative or corrective action” means putting remedial procedures in place to ensure that the violation does not recur, making any injured person whole as to the harm suffered in relation to the violation, or taking any other appropriate measures to redress the harm caused.

(c) “Alleged repeated violation” means the same or substantially similar recurring conduct cited in an accepted complaint received by the division within two years from the resolution of a previous complaint, the issuance of a final arbitration order or court order, or the entering of a final order by the division regarding that conduct.

(d) “Association,” for purposes of these guidelines, shall have the same meaning as stated in Section 719.103(2), F.S.

(e) “Bad check” means any worthless check, draft, or order of payment identified under Section 68.065, F.S.

(2) Purpose. The purpose of the resolution guidelines is to implement the division’s responsibility to ensure compliance with the provisions of Chapter 719, F.S., and the division’s administrative rules. The division recognizes that unit owner controlled associations are comprised of volunteer members who, in most circumstances, are lay people without specialized knowledge of the complex statutory and administrative rule structure of Chapter 719, F.S. Based upon this understanding, the division, as set forth in these rules, will first and foremost attempt to seek statutory and rule compliance through an educational resolution. For repeated statutory or rule violations, where the violations have not been corrected or otherwise resolved by the association, the division will seek statutory or rule compliance through an enforcement resolution. The guidelines detail the educational and enforcement procedures the division will use to seek statutory or rule compliance. The guidelines are also intended to implement the division’s statutory authority to give reasonable and meaningful notice to persons regulated by Chapter 719, F.S., and the administrative rules of the range of penalties that normally will be imposed, if an enforcement resolution is taken by the division. Finally, the rules are intended, pursuant to statutory mandate, to distinguish between minor and major violations based upon the potential harm that the violation may cause.

(3) These resolution guidelines are promulgated pursuant to the division’s authority in Sections 719.501(1)(d), (f), and (m), F.S. These rules do not preclude the division from imposing affirmative or corrective action pursuant to Section 719.501(1)(d)2., F.S. Nothing in these rules shall limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, settlement agreement, or consent order. Rules 61B-78.002, 61B-78.003, and 61B-78.004, F.A.C., are necessary to explain the division’s education and enforcement policies. These rules are not intended to cover, or be applied to, violations of Chapter 719, F.S., or the administrative rules by a cooperative developer as defined by Section 719.103(16), F.S. Such violations shall be strictly governed by the provisions of Chapter 61B-77, F.A.C., and Section 719.301(5), F.S.

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.501(1)(d)4., (m) FS. History–New 6-4-98, Amended 2-19-15.

Fla. Admin. Code R. 61B-78.003 Educational Resolution

(1) The educational resolution process, as detailed in these rules, is only applicable to unit owner controlled associations.

(2) Alleged Initial Violation. An initial accepted complaint, directed at an association and involving a possible violation identified as minor in these guidelines, will be resolved as follows:

The division will review the matter and will contact the association board by letter or telephone regarding the complaint. The division will provide educational materials or guidance to the association board to assist it with addressing the subject matter of the complaint and provide the association with the opportunity to respond. The division will notifiy the complainant of the educational resolution and the division’s complaint file will be closed.

(3) Alleged Repeated Minor Violations. A subsequent accepted complaint that is directed at the same association involving a possible violation identified as minor in these guidelines will be resolved as follows:

If the division has reasonable cause to believe that a statutory or rule violation may have occurred, a Warning Letter will be sent to the association. The Warning Letter will give the association 14 calendar days in which to address, correct, or dispute the violation. The Warning Letter will identify the violation, and provide a contact telephone number and an investigator’s name so that the association may contact the division for educational assistance or an educational conference in obtaining compliance. However, it is solely the responsibility of the association to take action, when applicable, to achieve statutory or rule compliance. Failure to respond to a Warning Letter, or take affirmative or corrective action as requested by the division, will result in the division proceeding with an enforcement resolution. The Warning Letter shall not be considered final agency action. The division will notify the complainant of the resolution of the complaint, or if applicable, alternative dispute resolution options.

(4) Alleged Major Violations. An initial accepted complaint that is directed at an association and involving a possible violation identified as major in these guidelines will be resolved as follows:

If the division has reasonable cause to believe that a statutory or rule violation may have occurred, a Warning Letter will be sent to the association. The Warning Letter will give the association 14 calendar days in which to address, correct, or dispute the violation. The Warning Letter will identify the violation, and provide a contact telephone number and an investigator’s name so that the association may contact the division for educational assistance or an educational conference in obtaining compliance. However, it is solely the responsibility of the association to take action, when applicable, to achieve statutory or rule compliance. Failure to respond to a Warning Letter, or take affirmative or corrective action as requested by the division, will result in the division proceeding with an enforcement resolution. The Warning Letter shall not be considered final agency action. The division will notify the complainant of the resolution of the complaint, or if applicable, alternative dispute resolution options.

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.501(1)(d)4., (m) FS. History–New 6-4-98, Amended 2-19-15.

Fla. Admin. Code R. 61B-78.004 Enforcement Resolution and Penalty Guidelines

(1) The division will seek compliance through an enforcement resolution for repeated minor or major violations, or for the failure to correct or address a violation or provide unit owner redress as requested by the division. If the division issues a notice to show cause, it will notify the association of its right to a hearing under Chapter 120, F.S. The guidelines in this rule section are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine an overall total penalty. Nothing in these rules shall limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, settlement agreement, or consent order.

(2) General Provisions.

(a) Rule Not All-Inclusive. This rule section contains illustrative violations. It does not, and is not intended to, encompass all possible violations of statute or division rule that might be committed by an association. The absence of any violation from this rule section shall in no way be construed to indicate that the violation does not cause substantial harm or is not subject to a penalty. In any instance where the violation is not listed in this rule section, the penalty will be determined by consideration of:

1. The closest analogous violation, if any, that is listed in this rule section; and

2. The mitigating or aggravating factors listed in this rule section.

(b) Violations Included. This rule section applies to all statutory and rule violations subject to a penalty authorized by Chapter 719, F.S.

(c) Rule Establishes Norm. These guidelines do not supersede the division’s authority to order an association to cease and desist from any unlawful practice, or order other affirmative action in situations where the imposition of administrative penalties is not adequate. For example, notwithstanding the specification of relatively smaller penalties for particular violations, the division will suspend the imposition of a penalty and impose other remedies where aggravating or mitigating factors warrant it. If an enforcement resolution is utilized, the total penalty to be assessed shall be calculated according to these guidelines or $100, whichever amount is greater.

(d) Description of Violations. Although the violations in Rule 61B-78.004, F.A.C., include specific references to statutes and administrative rules, the violations are described in general language and are not necessarily stated in the same language that would be used to formally allege a violation in a specific case. If any statutory or rule citation in Rule 61B-78.004, F.A.C., is changed, then the use of the previous statutory citation will not invalidate this rule section.

(3) Aggravating and Mitigating Factors. The division will consider aggravating and mitigating factors, which will reduce or increase the penalty amounts within the specified range, in determining penalties for both minor and major violations listed in this rule section. No aggravating factors will be applied to increase a penalty for a single violation above the statutory maximum of $5,000. The factors shall be applied against each single count of the listed violation.

(a) Aggravating Factors:

No.

Description

Filing or causing to be filed any materially incorrect document in response to any division request or subpoena.

Financial loss to parties or persons affected by the violation.

Financial gain to parties or persons responsible for the violation.

The disciplinary history of the association, including such action resulting in an enforcement resolution as detailed in Rule 61B-78.004, F.A.C., or Section 719.501, F.S.

The violation caused substantial harm to unit owners, other persons, or entities.

The violation occurred for a long period of time.

The violation was repeated within 2 years.

The association impeded the division’s investigation or authority.

(b) Mitigating Factors:

No.

Description

The violation or harm was related to a natural or manmade disaster(s).

Financial hardship to respondent.

The violation caused no harm to unit owners, other persons, or entities.

The violation occurred despite reliance on written professional or expert counsel advice.

The association took affirmative or corrective action before it received the division’s written notification of the violation.

The association expeditiously took affirmative or corrective action after it received the division’s written notification of the violation.

The association cooperated with the division during the investigation.

(4) The provisions of this rule section shall not be construed so as to prohibit or limit any other civil or criminal prosecution that may be brought.

(5) The imposition of a penalty does not preclude the division from imposing additional sanctions or remedies provided under Chapter 719, F.S.

(6) In addition to the penalties established in this rule section, the division reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the division reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages imposed by law if an association submits a bad check to the division.

(7) Penalties.

(a) Minor Violations. The following violations shall be considered minor due to their lower potential for public harm. If an enforcement resolution is utilized, the division shall impose a civil penalty between $1 and $5 per unit for each minor violation. The penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any accepted aggravating or mitigating factors submitted with proper documentation. An occurrence of six or more aggravating factors or five or more mitigating factors will result in a penalty being assessed outside of the specified range. The total penalty to be assessed shall be calculated according to these guidelines or $100, whichever amount is greater. In no event shall a penalty of more than $2,500 be imposed for a single violation. The enumeration of violations is descriptive only; the full language of each statutory and rule provision cited must be consulted in order to determine the conduct included in the violation. The following are identified as minor violations:

No.

Category

Statute or Rule Cite

Description of Conduct/Violation

Assessments

719.108(6), F.S.

Failure to provide within 15 days a certificate stating all assessments and other moneys owed to the association by the unit owner with respect to the cooperative parcel.

Board

719.1055(4)(b), F.S.

Failure to include the full text showing underlined or strikethrough language in the proposed amendment to the cooperative documents.

Board

719.1035(1), F.S.

Failure to maintain corporate status of the association.

Board

719.106(1)(a)3., F.S.

Failure to provide a timely or substantive response to a written inquiry received by certified mail.

Board

719.106(1)(b)1., F.S.

Action taken at unit owner meeting without quorum.

Board

719.106(1)(c), F.S.

Failure to properly notice and conduct board of administration or committee meetings. Notice failed to indicate assessment would be considered. Failure to maintain affidavit by person who gave notice of special assessment meeting. Failure to ratify emergency action at next meeting. Failure to adopt a rule regarding posting of notices. Failure to notice meeting. Action on item not on agenda. Notice did not include agenda. Failure to allow unit owners to speak or unreasonably restricting the frequency, duration, or manner of unit owner statements at meeting. Failure to allow unit owner to attend meeting.

Board

719.106(1)(d), F.S.

Failure to provide notice of the annual meeting not less than 14 days prior to the meeting. Failure to include agenda. Failure to maintain affidavit by person who gave notice of annual meeting. Failure to adopt a rule designating a specific place for posting notice of unit-owner meetings.

Board

719.106(1)(d)2., F.S.

Permitting unit owner action by written agreement without express authority from Chapter 719, F.S., or the cooperative governing documents.

Board

719.106(1)(h), F.S.

Failure to include the full text showing underlined or strikethrough language in the proposed amendment to the bylaws.

Board

719.3026(1), F.S.

Failure to obtain competitive bids on contracts that exceed five percent of the association’s budget.

Board

719.106(1)(b)5., F.S.

Failure to provide a speaker phone for board or committee meetings held by teleconference.

Board

719.106(1)(c), F.S.

61B-75.004, F.A.C.

Failure to allow a unit owner to tape record or video tape meetings.

Budgets

719.106(1)(e), F.S.

Failure to timely notice budget meeting. Failure to timely deliver proposed budget.

Budgets

719.106(1)(e)2., F.S.

Failure of board to call a unit owners’ meeting to consider alternate budget.

Budgets

719.106(1)(j)1., F.S.

719.504(20)(c), F.S.

Failure to include applicable line items in proposed budget.

Budgets

61B-76.003(1)(b), F.A.C.

Failure to disclose the beginning and ending dates of the period covered by the budget.

Budgets

61B-76.003(1)(c), F.A.C.

Failure to disclose periodic assessments for each unit type in proposed budget.

Elections

61B-75.005(8), F.A.C.

Failure to provide space for name, unit number, and signature on outer envelope.

Elections

61B-75.005(9), F.A.C.

Failure to list candidates alphabetically by surname on the ballot.

Elections

61B-75.005(10)(b), F.A.C.

Improper verification of outer envelopes.

Records

719.104(2)(a)2., F.S.

Failure to maintain a copy of the cooperative documents.

Records

719.104(2)(a)5., F.S.

Failure to maintain a current and complete unit owner roster.

Records

719.104(2)(a)12., F.S.

Failure to maintain or annually update the question and answer sheet.

Records

719.104(2)(a)13., F.S.

Failure to maintain other association records related to the operation of the association.

Records

719.104(8)(b), F.S.

Failure to record a vote or an abstention in the minutes for each board member present at the board meeting.

Records

61B-76.003(3), F.A.C.

Failure to reflect the adoption of the budget in meeting minutes.

Reporting

61B-76.006(3)(a)5., F.A.C.

Failure to disclose in the annual financial statements the manner by which reserve items were estimated and/or the date the estimates were last made.

Reporting

61B-76.006(3)(b), F.A.C.

Failure to disclose the method of allocating income and expenses in the annual financial statements.

(b) Major Violations. The following violations shall be considered major due to their increased potential for public harm. If an enforcement resolution is utilized, the penalty will be assessed beginning with the middle of the specified range and adjusted either up or down based upon any accepted aggravating or mitigating factors submitted with proper documentation. An occurrence of six or more aggravating factors or five or more mitigating factors will result in a penalty being assessed outside of the specified range. The total penalty to be assessed shall be calculated according to these guidelines or $100, whichever amount is greater. In no event shall a penalty of more than $5,000 be imposed for a single violation. The enumeration of violations is descriptive only; the full language of each statutory and rule provision cited must be consulted in order to determine the conduct included in the violation. The penalties for each violation are as follows:

Level 1: $6 – $10 per unit.

Level 2: $12 – $20 per unit.

No.

Category

Statute or Rule Cite

Description of Conduct/Violation

Penalty Level

Accounting

Records

719.104(2)(a)9., F.S.

Insufficient or incomplete accounting records.

2

Assessing

719.106(1)(g), F.S.

Failure to assess at sufficient amounts to meet expenses.

1

Assessing

719.106(1)(g), F.S.

Collecting assessments less frequently than quarterly.

1

Assessing

719.107(2), F.S.

Failure to assess based upon the shares stated in the cooperative documents.

2

Assessing

719.108(3), F.S.

Failure to charge interest on past due assessments.

2

Assessing

719.108(1), (8), F.S.

Developer or other owner improperly excused from paying assessments.

2

Board

719.104(3), F.S.

Failure to insure the association property.

2

Board

719.104(5), F.S.

Improper use fee.

1

Board

719.104(8)(b), F.S.

Use of proxies or improper use of secret ballots by board members at a board meeting.

1

Board

719.105, F.S.

719.109(1), F.S.

Unit owner denied access to unit or to common areas.

1

Board

719.1055, F.S.

Improperly amending the cooperative documents.

2

Board

61B-75.005(13), F.A.C.

Improperly filling a vacancy of an unexpired term on the board.

1

Board

719.106(1)(a)1., F.S.

Compensating officers or members of the board without express authority from the cooperative governing documents.

2

Board

719.106(1), F.S.

Allowing ineligible person to serve on board of administration.

2

Board

719.106(1)(b)2., F.S.

Improper use of general proxies. Use of non-conforming limited proxies.

1

Board

719.106(1)(c), F.S.

Excluding unit owners from board or committee meetings.

1

Board

719.106(1)(d), F.S.

Failure to hold annual meeting.

2

Board

719.106(1)(f), F.S.

Improper removal of board member.

1

Board

719.106(1)(h), F.S.

Improperly amending the association bylaws.

2

Board

719.106(1)(i), F.S.

Requiring transfer fees or security deposits without express authority from the cooperative governing documents. Requiring excessive transfer fees.

1

Board

719.106(1)(k), F.S.

Failure to maintain adequate fidelity bonding for all persons who control or disburse association funds.

2

Board

719.108(3), F.S.

Levying late fees without express authority from the cooperative governing documents.

1

Board

719.115(3), F.S.

Failure to notify, or timely notify, unit owners of legal action.

1

Board

719.303(3), (4), (5), (6), F.S.

Imposing fines without proper notice. Imposing excessive fines. Improper suspension of use rights and voting rights; failure to provide proper notice.

1

Budgets

719.106(1)(e), F.S.

Failure to propose/adopt budget for a given year.

2

Budgets

61B-76.003(1)(e)5., F.A.C.

Failure to disclose converter reserve funding.

1

Budgets

61B-76.003(1)(e), (f), (g), F.A.C.

Failure to include reserve schedule in the proposed budget.

1

Budgets

61B-76.003(1)(e), (f), and

61B-76.005(1), F.A.C.

Failure to include a required reserve item in proposed budget.

1

Budgets

719.106(1)(j)2., F.S.

61B-76.005(3), F.A.C.

Improper calculation of reserve requirements.

1

Commingle

719.104(7), F.S.

Commingling association funds with non-association funds.

2

Commingle

719.104(7), F.S.

Association funds deposited in account not in association’s name.

1

Commingle

719.104(7), F.S.

61B-76.005(2), F.A.C.

Commingling reserve funds with operating funds.

1

Common

Expenses

719.107(1), F.S.

Using association funds for other than common expenses.

2

Converter Reserves

719.618(3)(b), F.S.

Improper use of converter reserves.

1

Converter Reserves

61B-76.003(1)(e)5., F.A.C.

Failure to include converter reserve disclosures in the proposed budget.

1

Elections

719.106(1)(d), F.S.

61B-75.005(2), F.A.C.

Failure to hold election.

2

Elections

61B-75.005(2), F.A.C.

Election not held at time and place of annual meeting.

1

Elections

719.106(1)(d)1., F.S.

61B-75.005(3), F.A.C.

Use of nomination procedures in an election.

2

Elections

719.106(1)(d)1.a., F.S.

61B-75.005(4), F.A.C.

Failure to provide, or timely provide, first notice of election.

2

Elections

719.106(1)(d)1.a., F.S.

61B-75.005(5), F.A.C.

Ballot included candidate who did not timely submit notice of candidacy.

2

Elections

61B-75.005(6), F.A.C.

Failure to provide candidate a receipt for personally delivered written notice of candidacy.

1

Elections

719.106(1)(d)1.a., F.S.

61B-75.005(7), (8), F.A.C.

Failure to provide, or timely provide, second notice of election or omitting ballots, envelopes, and candidate information sheets.

2

Elections

61B-75.005(7), F.A.C.

Distributing candidate information sheets consisting of more than one page.

1

Elections

61B-75.005(8), F.A.C.

Voters allowed to rescind or change their previously cast ballots.

1

Elections

61B-75.005(8), F.A.C.

Second notice of election included comments by board about candidates.

2

Elections

719.106(1)(d)1.a., F.S.

61B-75.005(7), F.A.C.

Association altered or edited candidate information sheets.

2

Elections

719.106(1)(d)1., F.S.

Failure to use ballots or voting machines.

2

Elections

61B-75.005(10)(a), F.A.C.

Inner envelopes not placed in separate receptacle before being opened.

2

Elections

719.106(1)(d)1.a., F.S.

61B-75.005(9), F.A.C.

Failure to include all timely submitted names of eligible candidates on the ballot.

2

Elections

61B75.005(9), F.A.C.

Ballots not uniform. Ballots identify voter. Ballots included space for write-in candidate.

2

Elections

61B-75.005(10), F.A.C.

Outer envelopes not checked against list of eligible voters.

1

Elections

61B-75.005(10)(a), (b), F.A.C.

Counting ineligible ballots.

1

Elections

61B-75.005(10)(a), F.A.C.

Failure to count properly cast ballots.

1

Elections

61B-75.005(10), F.A.C.

Outer envelopes opened prior to election meeting. Outer envelopes not opened in presence of unit owners.

2

Elections

61B-75.005(10)(a), F.A.C.

Not counting ballots in the presence of unit owners.

2

Elections

61B-75.005(10)(a), F.A.C.

Ballots not counted by impartial committee.

1

Elections

61B-75.005(10)(b), F.A.C.

Failure to notice meeting to verify outer envelope information.

1

Elections

61B-75.005(10)(c), F.A.C.

Failure to hold, or timely hold, runoff election.

2

Elections

61B-75.005(10)(a), F.A.C.

No blank ballots available at election meeting.

2

Final Order

719.501(1)(d)4., F.S.

Failure to comply with final order of the division.

2

Records

719.104(2)(a)4., F.S.

Failure to maintain minutes of meetings.

1

Records

719.104(2)(a)6., F.S.

Failure to maintain a copy of a current insurance policy.

1

Records

719.104(2)(a)7., F.S.

Failure to maintain copy of management agreement or other contract under which the association has obligations.

1

Records

719.104(2)(a)8., F.S.

Failure to maintain bills of sale or transfer.

1

Records

719.104(2)(a)10., F.S.

Failure to maintain election or voting materials for one year.

1

Records

719.104(2)(a)11., F.S.

Failure to maintain rental records.

1

Records

719.104(2)(c), and

719.107(1)(a), F.S.

Requiring a unit owner to pay a fee for access to association records.

1

Records

719.104(2)(b), F.S.

Failure to maintain records within Florida.

2

Records

719.104(2)(b), (c), F.S.

Failure to provide access to records. Failure to allow scanning or copying of records.

1

Records

719.104(2)(e), F.S.

Failure of outgoing board or committee member to relinquish all official records and property of the association in his or her possession or under his or her control to the incoming board within 5 days after the election.

2

Reporting

719.104(4), F.S.

61B-76.006(6), (8), F.A.C.

Failure to provide, or timely provide, the annual financial report or statements.

2

Reporting

61B-76.006(1), F.A.C.

Failure to prepare annual financial statements using fund accounting. Failure to prepare annual financial statements on accrual basis.

1

Reporting

719.104(4)(a), F.S.

61B-76.006(1), F.A.C.

Failure to prepare annual financial statements in accordance with Generally Accepted Accounting Principles (GAAP). Failure to have reviewed or audited annual financial statements prepared by a Florida licensed CPA.

2

Reporting

61B-76.006(2), F.A.C.

Failure to include one or more components of the annual financial statements (incomplete).

1

Reporting

61B-76.006(3)(a)1.-5., F.A.C.

Failure to make significant reserve fund disclosures in the annual financial statement.

1

Reporting

61B-76.006(3)(a)6., F.A.C.

Failure to include converter reserve disclosures in the annual financial statements.

1

Reporting

61B-76.006(5)(c), F.A.C.

Failure to include converter reserve disclosures in the annual financial report.

1

Reporting

61B-76.006(5)(c), F.A.C.

Failure to include the required reserve fund disclosures in the annual financial report.

1

Reporting

61B-76.006(3)(c), F.A.C.

Failure to include the special assessment disclosures in the annual financial statements.

1

Reporting

61B-76.006(3)(d), F.A.C.

Incomplete or missing guarantee disclosures in the annual financial statements.

1

Reporting

61B-76.006(5)(a), F.A.C.

Failure to prepare the annual financial report on a cash basis.

1

Reporting

719.104(4)(c), F.S.

61B-76.006(5)(b), F.A.C.

Failure to include in the annual financial report specified receipt or expenditure items.

1

Reporting

61B-76.006(8), F.A.C.

Providing lower level of annual financial reporting than required.

2

Reserves

719.106(1)(j)2., F.S.

61B-76.005(6), F.A.C.

Failure to fund reserves in a timely manner. Failure to fully fund reserves.

1

Reserves

719.106(1)(j)2., F.S.

61B-76.005(6), (8), F.A.C.

Failure to follow proper method to waive or reduce reserve funding.

1

Reserves

719.106(1)(j)3., F.S.

61B-76.005(7), F.A.C.

Using reserve funds for other purposes without proper unit owner approval.

2

Special

Assessment

719.108(9), F.S.

Using special assessment funds for other than intended purposes.

1

Special

Assessment

719.108(9), F.S.

Failure to state purpose of special assessment in the special assessment notice.

1

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.501(1)(d)4., (m) FS. History–New 6-4-98, Amended 2-19-15.

Chapter 61B-79 FILINGS

Fla. Admin. Code R. 61B-79.001 Developer, Filing

(1) In determining whether a developer has offered a contract for sale or lease pursuant to Section 719.502(2), F.S., it shall be relevant although not dispositive, whether and the extent to which the developer advertised, induced, solicited, or attempted to encourage any person to acquire an interest in a cooperative unit, either proposed or existing, if undertaken for gain or profit.

(2)(a) Except in the case of a reservation program, a developer of a residential cooperative shall file with the division one copy of each document required by Sections 719.503 and 719.504, F.S. The filing shall occur at the time the cooperative is created, or prior to any offering of a cooperative unit to the public, whichever occurs first. As to conversions from mobile home parks to cooperatives, the association must file with the division as provided in Section 723.079(10), F.S.

(b) A developer shall file, prior to offering, either pursuant to a reservation agreement or contract for purchase, proof of the developer’s ownership, contractual, or leasehold interest in the land upon which the cooperative is to be developed. For purposes of this rule, the division shall accept a signed written statement from the developer or the developer’s attorney describing the developer’s interest in the land upon which the cooperative is to be developed. The signature of the developer or the developer’s attorney constitutes a certificate that they have read the statement and, to the best of their knowledge, information, and belief formed after reasonable inquiry, the statement accurately describes the developer’s interest in the land.

(3) Upon receipt of a developer’s filing, the division will review the filing pursuant to these Rules. When a filing is determined to be in correct form pursuant to Rule 61B-79.002, F.A.C., offerings to the public may be made pursuant to the statute and these Rules. Until the developer prepares and delivers to a purchaser and to the division documents that comply with the Cooperative Act and these rules and the division notifies the developer that the filing is proper or is presumed proper pursuant to Rule 61B-79.002, F.A.C., the developer shall not close on any contract for sale or contract for a lease period of more than five years.

(4) Each developer shall submit with its filing a completed Frequently Asked Questions and Answers Sheet substantially conforming to DBPR Form CO 6000-33-037, FREQUENTLY ASKED QUESTIONS AND ANSWERS SHEET FOR COOPERATIVE ASSOCIATIONS, incorporated herein by reference and effective 1/98. (This form, as well as all forms referenced in these Rules, may be obtained by writing the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.) The answers to the questions may be summary in nature, in which case the answers shall refer to identified portions of the cooperative documents.

(5) Any document required to be delivered to a prospective buyer or lessee pursuant to Section 719.503 or 719.504, F.S., which describes the developer’s (or other person’s) right to retain control of the association shall recite the provisions of Sections 719.301(1)(a)-(e), F.S., regarding turnover of control of the association. This disclosure requirement shall not prohibit a developer from providing in the document for turnover to the unit owners other than the developer at an earlier point than the maximum time period set forth in Section 719.301, F.S.

(6)(a) Upon recording the cooperative documents as defined in Section 719.1035(1), F.S., or recording amendments adding phases as defined in Section 719.403(7), F.S., the developer or the association shall file the incorporation and recording information with the division within 30 working days on DBPR Form CP 6000-2, NOTICE OF COOPERATIVE INCORPORATION/RECORDING INFORMATION, incorporated in this rule and effective 6-10-07. Any person may request a copy of the form, as well as all forms referenced in these rules, by sending a written request to the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030.

(b)1. If the developer or the association has not already filed and the division has not reviewed and approved the recorded documents under subsections (2) and (3) of this rule and Sections 719.502, 719.503, and 719.504, F.S., prior to recording, then the developer or association shall submit a complete copy of the recorded documents with DBPR Form CP 6000-2, NOTICE OF COOPERATIVE INCORPORATION/RECORDING INFORMATION; or

2. If the division has already reviewed and approved the recorded documents, then the developer or the association shall only file the form.

History

• Rulemaking Authority 719.1035(1), 719.501(1)(f) FS. Law Implemented 719.1035(1), 719.403(7), 719.502, 719.503, 719.504 FS. History–New 1-8-98, Amended 6-10-07.

Fla. Admin. Code R. 61B-79.002 Procedure for Filing and Examination of Documents

(1) Filing.

(a) Documents submitted to the division for filing shall be securely bound and fastened between firm covers. Documents which are too bulky for binding may be submitted with the filing unbound.

(b) Each filing shall contain in the forepart a Table of Contents which lists the documents in the filing, in the order in which they appear.

(c) Each document shall be tabbed and labeled on the right side. Each label shall identify the document by appropriate word, phrase or abbreviation.

(d) Each filing shall be submitted in an expandable file folder approximately 14 3/4'' by 9 1/2'' in size. Filing Statements and the Filing Checklist referenced in this rule shall be submitted with the documents and need not be submitted to purchasers.

(e) There shall be submitted with each filing a Filing Checklist which substantially conforms to DBPR Form CO 6000-33-029, FILING CHECKLIST, incorporated herein by reference and effective 1/98.

(f) A developer who contracts to sell a cooperative parcel when the construction, furnishing and landscaping of the cooperative property submitted to cooperative ownership have not been substantially completed or renovation of property converted to cooperative ownership has not been substantially completed in accordance with the plans, specifications or representations made by the developer, shall file with the division a copy of a fully executed escrow agreement for contract deposits pursuant to Section 719.202, F.S. An escrow agreement is deemed to be fully executed by the inclusion of the dates of execution and the appropriate signatures. An escrow agreement is the agreement between the developer and the escrow agent establishing the escrow account.

(2) Examination.

(a) Upon receipt of a filing, the division will determine whether the filing is in correct form. The filing is considered to be in correct form when:

1. All forms and documents, properly completed, tabbed, labeled and assembled in accordance with these rules, are included;

2. The DEVELOPER/COOPERATIVE FILING STATEMENT, DBPR Form CO 6000-33-024, incorporated herein by reference and effective 1/98, has been completed properly; and

3. The correct filing fee has been received by the division, pursuant to Section 719.502(3), F.S.

(b) When the filing is found to be in correct form, the division will examine the content of the filing to determine its sufficiency under the Cooperative Act and these rules. After receipt of the documents in correct form, the division shall notify the developer or its agent by mail of any deficiencies in the content or that the filing is proper for filing purposes. Failure to notify the developer or its agent of any deficiencies shall not preclude the determination of deficiencies at a later date nor shall it relieve the developer of any responsibility under the law.

(c) The developer shall correct any form or content deficiencies noted by the division. The developer shall identify all new language and all deleted language, by providing a coded copy of the new documents identifying new language with underlining and striking through deleted material.

(d) The division shall notify the developer or its agent after the receipt of documents correcting noted deficiencies of the acceptability of the corrections.

(e) In no event shall proper filing with the division be construed as approval of the offering by the division and no document or offering shall indicate that the division has in any manner approved the offering.

(3) Time periods for review and correction of filings.

(a) Reservation program filing. Within 20 days from receipt of the developer’s filing, the division shall notify the developer or its agent by mail of any filing deficiencies or that the filing is accepted. The developer shall have 20 days from the date of the division’s notification of deficiencies in the filing to correct any deficiencies noted by the division. The division shall have 20 days from the receipt of corrected documents to notify the developer of further filing deficiencies or of the acceptability of the corrections.

(b) Cooperative filing. Within 45 days from receipt of the developer’s filing, the division shall notify the developer or its agent by mail of any filing deficiencies or that the filing is accepted. The developer shall have 45 days from the date of the division’s notification of deficiencies in the filing to correct any deficiencies noted by the division. The division shall have 30 days from the receipt of corrected documents to notify the developer of further filing deficiencies or of the acceptability of the corrections.

(c) Amendment filing. Within 35 days from receipt of the developer’s filing, the division shall notify the developer or its agent by mail of any filing deficiencies or that the filing is accepted. The developer shall have 20 days from the date of the division’s notification of deficiencies in the filing to correct any deficiencies noted by the division. The division shall have 20 days from the receipt of corrected documents to notify the developer of further filing deficiencies or of the acceptability of the corrections.

(d) Notice of intended conversion filing. Within 20 days from receipt of the developer’s filing, the division shall notify the developer or its agent by mail of any filing deficiencies or that the filing is accepted. The developer shall have 20 days from the date of the division’s notification of deficiencies in the filing to correct any deficiencies noted by the division. The division shall have 20 days from the receipt of corrected documents to notify the developer of further filing deficiencies or of the acceptability of the corrections.

(e) If the division fails to notify the developer within the time periods specified in this rule, the filing shall be considered proper for purposes of Section 719.502(1)(a), F.S., but shall not exempt the developer from compliance with all other provisions of the Cooperative Act or preclude any purchaser remedies afforded by the Act.

(f) If the developer does not correct deficiencies within the specified time period and does not timely request an extension of time, the division shall reject the filing and no further offers may be made. The developer will not be granted more than four (4) extensions in a particular filing. If a filing is rejected, the developer, when subject to the requirements of Section 719.202, F.S., shall, within 45 days of issuance of the final order of rejection, provide the division with a complete accounting of any deposits collected pursuant to the rejected documents. The developer shall also, immediately and in writing, notify all purchasers under contract of the rejection and shall offer immediate refund of deposits collected, as well as interest as appropriate, under the contracts. A complete refiling of the documents pursuant to the requirements of Chapter 719, F.S., and these rules, including the payment of filing fees, will be required prior to any additional offerings.

History

• Rulemaking Authority 719.501(1)(f), 719.502(1)(b), 719.621 FS. Law Implemented 719.202, 719.502, 719.503, 719.504, 719.505, 719.506, 719.608 FS. History–New 1-8-98, Amended 2-7-06.

Fla. Admin. Code R. 61B-79.003 Filing and Examination of Amendments to Documents

(1) “Amendment” means any change to documents, whether technical or substantive, regardless of the procedure by which the change is made.

(2)(a) Every developer of a cooperative who holds a unit for sale in a cooperative shall submit to the division any amendments to documents or items on file with the division and deliver to the purchaser pursuant to Rule 61B-79.004, F.A.C., all amendments prior to closing, but in no event, later than 10 days after the amendment.

(b) Upon filing an amendment to documents or items which have been accepted by the division, the developer shall pay to the division a filing fee of $100 per filing. A developer may include within each filing, multiple amendments relating to a single cooperative in which case a filing fee of only $100 shall be charged. However, there shall be no charge for filing a Certificate of Incorporation.

(c) Payment of fees shall be by check or money order made payable to Division of Florida Condominiums, Timeshares, and Mobile Homes.

(3) The developer shall submit with the amendments the following information on a separate cover sheet:

(a) Name and physical location of the cooperative to which amendments apply;

(b) Developer’s name and mailing address;

(c) Division Identification Number;

(d) Identification of document to which amendment applies;

(e) Book, page number and county where recorded, if applicable;

(f) A statement summarizing each amendment; and

(g) All new and deleted language shall be shown by providing a coded copy of the new documents identifying new language with underlining and striking through material to be deleted from the documents.

(4) The division may require that documents or items be revised to include amendments if said revision is deemed necessary by the division for full and adequate disclosure.

(5) Upon receipt of an amendment, the division will examine the material to determine its sufficiency under the Cooperative Act and these rules. After receipt of the documents, the division shall notify the developer or its agent by mail of any deficiencies in the content or that the amendment is proper for filing purposes. Failure to notify the developer or its agent of any deficiencies shall not preclude the determination of deficiencies at a later date nor shall it relieve the developer of any responsibility under the law.

(6) The developer shall correct the deficiencies noted by the division.

(7) The division shall notify the developer or its agent after the receipt of documents correcting noted deficiencies of the acceptability of the corrections.

(8) In no event shall proper filing with the division be construed as approval of the amendment by the division. No documents or offering materials shall indicate the division has in any manner approved the materials.

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.502, 719.503 FS. History–New 1-8-98.

Fla. Admin. Code R. 61B-79.004 Contracts

(1) In determining whether a developer has closed on a contract for sale or lease for purposes of this rule, it shall be relevant although not dispositive, whether and the extent to which the developer delivered to the purchaser evidence of ownership in the association and a lease or other muniment of title or possession; or whether a lease has been executed by all parties.

(2) The developer shall not close for 15 days following the execution of the agreement and delivery of the documents to the buyer as evidenced by the signed Receipt for Documents unless the buyer is informed of the 15-day voidability period and agrees to close prior to the expiration of the 15 days. The developer shall retain in his records proof of purchaser’s agreement to close prior to the expiration of said voidability period. Said proof shall be retained for a period of 5 years after the date of the closing of the transaction.

(3) At the time amendments are delivered to purchasers or lessees, pursuant to Rule 61B-79.003, F.A.C., the developer shall provide to those who have not closed a written statement that if any of the above-referenced amendments materially alter or modify the offering in a manner which is adverse to the purchaser, the purchaser or lessee shall have a 15-day voidability period.

(4) At the time of closing a sale or lease for a period of more than 5 years, the developer shall notify the purchaser or lessee in writing stating that the developer has provided the purchaser or lessee all amendments to items delivered to the purchaser or lessee pursuant to Chapter 719, F.S.

(5) After the buyer or lessee for a term of more than 5 years has received all of the items required by Chapter 719, F.S., and these Rules of the division as evidenced by the signed Receipt for Cooperative Documents, he may extend the time of closing for a period not to exceed 15 days if closing was scheduled less than 15 days after execution of contract and receipt of the documents.

(6) If a contract is properly terminated by the buyer or lessee, as described in this rule, the developer shall refund to the proposed buyer or lessee any deposit made, together with any interest in accordance with Section 719.202, F.S.

(7) In the sale or lease of a unit which has been occupied by someone other than the buyer, a statement that the unit has been occupied must be included in the contract.

(8) If a contract is for the lease of a unit for a term of more than 5 years, the contract shall include as an exhibit a copy of the proposed lease.

(9) Only contracts conforming to the requirements of this Rule and the provisions of Section 719.503, F.S., may be utilized by a developer in connection with the offering and sale, or lease for a term of more than five years, of a unit pursuant to the requirements of Section 719.502, F.S. A contract shall not limit the purchaser’s remedy, for the developer’s willful non-performance under the contract, to a return of the purchaser’s deposit or a return of the purchaser’s deposit plus interest.

(10) Every developer who enters into a contract for the sale of a residential cooperative unit or for the lease of a residential cooperative unit for a lease period of more than five years shall obtain from the purchaser or lessee a receipt acknowledging that he has been provided the required documents by the developer. The developer shall itemize all items which are applicable and are to be delivered to the purchaser. Those items to be delivered shall be those documents required by the Division for filing during the examination period, pursuant to Sections 719.503 and 719.504, F.S. A copy of the receipt form shall be submitted to the Division at the time of filing. The developer shall provide the purchaser or lessee with a copy of the signed receipt, upon request. The developer shall retain a copy of the signed receipt for a period of five years after the date of closing of the transaction, maintained in the official business records of the developer. Said receipt shall include but does not have to be limited to the items listed below in paragraphs (a)-(c):

(a) The name and address of the cooperative.

(b) An acknowledgment signed by the purchaser or lessee which lists the documents which have been received by the purchaser or lessee, or as to plan and specifications, made available for inspection.

(c) The following statement:

THE PURCHASE AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THE PURCHASE AGREEMENT BY THE BUYER AND RECEIPT BY THE BUYER OF ALL OF THE DOCUMENTS REQUIRED TO BE DELIVERED TO HIM BY THE DEVELOPER. THE AGREEMENT IS ALSO VOIDABLE BY THE BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO THE BUYER. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS AFTER THE BUYER HAS RECEIVED ALL OF THE DOCUMENTS REQUIRED. BUYER’S RIGHT TO VOID THE PURCHASE AGREEMENT SHALL TERMINATE AT CLOSING.

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.202, 719.502, 719.503, 719.504 FS. History–New 1-8-98.

Fla. Admin. Code R. 61B-79.005 Plot and Floor Plans

(1) Every plot plan shall be a legible, scaled drafted map and shall indicate the following:

(a) Name of the cooperative;

(b) Scale, date and north arrow;

(c) Ingress and egress;

(d) The use and approximate size, location, and height of all existing and/or proposed buildings and other structures;

(e) Common areas;

(f) Limited common areas;

(g) Easements;

(h) Parking areas;

(i) The party who prepared the map.

(2) Each item depicted on the plot plan shall be identified as existing or proposed.

(3) Every filing shall include, if applicable, a floor plan for each type of unit. For the purposes of disclosure provided to purchasers and filed with the division pursuant to Sections 719.502, 719.503 and 719.504, F.S., the floor plan shall be legible, and shall, at a minimum, show:

(a) The perimeter boundaries of the unit and the approximate dimensions of such boundaries.

(b) The walls separating each room within the unit and the approximate dimensions of each room.

(c) The approximate location of all doorways.

(d) The dimension requirements of this rule may be achieved with a plan drawn to scale with the scale depicted on the plan.

History

• Rulemaking Authority 719.501(1)(f) FS. Law Implemented 719.504 FS. History–New 1-8-98.

Chapter 61B-80 THE ARBITRATION RULES OF PROCEDURE GOVERNING RECALL AND ELECTION DISPUTES IN HOMEOWNERS' ASSOCIATIONS

Fla. Admin. Code R. 61B-80.101 Scope, Organization, Procedure, Forms, and Title

(1) This chapter shall be entitled “The Arbitration Rules of Procedure Governing Recall and Election Disputes in Homeowners’ Associations” and shall govern the arbitration of election disputes and recall disputes arising in a homeowners’ associations governed by Chapter 720, F.S. For purposes of these rules “homeowners” means “members” and “parcel owners” who are voting members of the association as those terms are defined by Section 720.301, F.S. This chapter applies to all recall and election arbitration proceedings held pursuant to Section 720.303, 720.306, or 720.311, F.S.; these provisions shall only apply to election and recall disputes that exist on or after October 1, 2004. The provisions of Chapters 61B-45 and 61B-50, F.A.C., are incorporated herein by reference to the extent those chapters are consistent with these rules. These rules also apply to all arbitration proceedings referred to the division and conducted after mediation pursuant to Section 720.311(2)(b), F.S.

(2) All petitions and other papers filed with the division for election or recall arbitration pursuant to Section 720.303, 720.306, or 720.311, F.S., and these rules, shall be filed at the official headquarters of the Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes, 2601 Blair Stone Road, Tallahassee, Florida 32399-1030, except that a petition or other pleading may be filed with the division via telefax at (850) 921-5446. All forms referenced in these rules may be obtained online at: http://www.myflorida.com/dbpr/.

(3) In order to file a petition for recall arbitration, a petitioner must use DBPR FORM HOA 6000-4, MANDATORY BINDING ARBITRATION FORM PETITION–RECALL DISPUTE, incorporated herein by reference and effective 2-3-05. In order to file a petition for election arbitration, a petitioner must use DBPR FORM HOA 6000-3, MANDATORY BINDING ARBITRATION FORM PETITION-ELECTION DISPUTE, incorporated by reference and effective 2-3-05. In order for someone who is not a member of the Florida Bar to represent a party in a proceeding, the person must file a completed DBPR FORM HOA 6000-6, HOA QUALIFIED REPRESENTATIVE APPLICATION, incorporated herein by reference and effective 2-3-05. An answer to a petition for arbitration for recall or election dispute arbitration must be filed using DBPR FORM HOA 6000-9, HOA ANSWER TO PETITION, incorporated herein by reference and effective 2-3-05. A request for an expedited determination of whether jurisdiction exists to hear a particular dispute shall be filed on DBPR FORM HOA 6000-7, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION, incorporated herein by reference and effective 2-3-05.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.102 Filing for Recall Dispute Arbitration

(1) Where the homeowners attempt to recall one or more directors of a board of a homeowners’ association by written agreement, ballot, or vote taken at a meeting, the board of directors shall initiate a recall arbitration by filing a petition for recall arbitration with the division as provided by this rule. Where the homeowners attempt to recall one or more directors of a board at a homeowners meeting or by an agreement in writing or written ballot, and the board does not certify the recall, the board shall file a petition for arbitration with the division within five full business days after adjournment of the board meeting at which the board determined not to certify the recall. Where the board fails to file a petition for recall arbitration as required by these rules and Chapter 720, F.S., the homeowners seeking to challenge the board’s decision not to certify the recall, or not to file for recall arbitration, may file a petition for arbitration pursuant to these rules.

(2) Form of Petition. The term “petition” as used in this rule includes any application or other document that expresses a request for arbitration of a recall of one or more board directors. The petition shall comply with the provisions of this rule, and be printed, typewritten or otherwise duplicated in legible form on one side of the paper only with lines double-spaced. A party filing a petition for recall arbitration shall utilize DBPR FORM HOA 6000-4, MANDATORY BINDING ARBITRATION FORM PETITION-RECALL DISPUTE and shall submit the $200 filing fee with the petition.

(3) All petitions for arbitration of a recall filed by an association or by the homeowners who voted in favor of recall shall be signed by either a member of the Florida Bar, or by a qualified representative who has submitted an application to appear pursuant to Rule 61B-80.101, F.A.C. Each petition shall contain:

(a) The name and address of the association, the number of total voting interests in the association, the number of voting interests voting for recall of each board member sought to be recalled, the number of recall votes rejected by the board as to each candidate subject to the recall, and the total number of seats on the board at the time that the recall is served on the board;

(b) The name or names of the board director or directors who were recalled;

(c) The name and address of the homeowner representative selected, pursuant to subparagraph 61B-81.002(2)(b)3. or paragraph 61B-81.003(1)(f), F.A.C., to receive pleadings, notices, or other papers on behalf of the recalling homeowners;

(d) A statement of whether the recall was by vote at a meeting of the homeowners or by written agreement.

(e) If the recall was by vote at a meeting, the petition shall state the date of the meeting of the homeowners and the time the meeting was adjourned; if the recall was by written agreement, the petition shall state the date and time of receipt of the written agreement by the board, and a copy of the written agreement to recall shall be attached to the petition;

(f) The date of the board meeting at which the board determined not to certify the recall, and the time the meeting was called to order and adjourned;

(g) A copy of the minutes of the board meeting at which the board determined not to certify the recall;

(h) Each specific basis upon which the board based its determination not to certify the recall, including the parcel number and specific defect to which each challenge applies. Any specific reason upon which the board bases its decision not to certify the recall that is stated in the petition for recall arbitration, but absent from the board meeting minutes or attachments thereto, shall be ineffective and shall not be considered by the arbitrator. A board director may be recalled with or without cause. The fact that a homeowner may have received misinformation is not a valid basis for rejecting a recall agreement and shall not be considered by the arbitrator;

(i) Any relevant sections of the bylaws, articles of incorporation, the declaration of covenants, and rules, including all amendments thereto, as well as any or other documents that are pertinent to the petition; and

(j) Any other information that the petitioner contends is material.

(4) If, during the pendency of a recall arbitration, the homeowners attempt another recall effort and the board files another petition for arbitration, the newly filed petition shall be consolidated with the pending case.

(5) Upon receipt and review of a petition for arbitration of a recall of one or more board directors, the division shall review the petition to verify that it contains all required information and that the petition states a valid claim for relief. If the petition is accepted, within 10 days of the filing of the petition, the arbitrator shall serve the respondent homeowners or other named respondents by mailing a copy of the petition and an order allowing answer by United States certified mail to the representative of the recalling homeowners identified in the petition or other named respondent.

(6) As provided by Section 720.303(10), F.S., the board of directors must hold a board meeting within 5 full business days after its receipt of a recall agreement in writing or the written recall ballots, and further, the board must within 5 full business days of the board meeting, file a petition for recall arbitration if the board determines not to accept the recall of one or more board directors. The time periods contained in Section 720.303(10), F.S., operate in the manner of statutes of limitation and are therefore subject to equitable considerations. However, where the board fails to timely comply with these rules relating to the calling and holding of a meeting on whether to certify a recall, or fails to comply with these rules relating to the filing of a petition for recall arbitration, the board must provide justification and must demonstrate that its actions or inactions were taken or based in good faith. The board’s claims of excusable neglect or the inability to identify defects in the recall effort within the time provided will not be considered as proper defenses. The failure of an association to timely file a petition for recall arbitration within the time limits imposed under these rules or Chapter 720, F.S., will result in the certification of the recall and the immediate removal of the board directors subject to recall; however, the failure of the association to timely call or hold a board meeting or to file a petition for recall arbitration will not validate a written recall that is otherwise void at the outset for failing to obtain a majority of the voting interests or is deemed fatally defective for failing to substantially comply with the provisions of these rules.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.311(1) FS. Law Implemented 720.303(10), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.103 Filing for Election Dispute Arbitration

(1) An election arbitration is commenced upon the filing of a petition for mandatory binding arbitration pursuant to Sections 720.306 and 720.311, F.S., and conforming to the requirements of this rule. The term “petition” as used in this rule includes any application or other document that expresses a request for arbitration of an election dispute. The petition shall comply with the provisions of this rule, and be printed, typewritten or otherwise duplicated in legible form on one side of the paper only with lines double-spaced. A party filing a petition for election arbitration shall utilize DBPR FORM HOA 6000-3, MANDATORY BINDING ARBITRATION FORM PETITION–ELECTION DISPUTE and shall include a $200 filing fee, incorporated in subsection 61B-80.101(3), F.A.C.

(2) Election disputes include a controversy relating to the conduct of a regular, special, or runoff election; the qualification of candidates for the board; the filling of a vacancy caused by any reason other than the recall of one or more directors of the board; and other disputes regarding an association election.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.104 Expedited Procedure for Determination of Jurisdiction

(1) Any party who is in doubt as to whether a controversy falls within the jurisdiction of the division may file with the division a request for expedited determination of jurisdiction by filing a completed DBPR FORM HOA 6000-7, REQUEST FOR EXPEDITED DETERMINATION OF JURISDICTION, incorporated in subsection 61B-80.101(3), F.A.C. A request for expedited determination of jurisdiction shall be accompanied by a completed DBPR FORM HOA 6000-3, MANDATORY NON-BINDING ARBITRATION PETITION FORM, incorporated in subsection 61B-80.101(3), F.A.C., which shall include the $200.00 filing fee provided by Section 720.311, F.S.

(2) If the determination of jurisdiction is subject to reasonable dispute, within 10 days of the assignment of a request for relief pursuant to this rule, the arbitrator shall deliver by United States mail to all other persons involved with the dispute, a copy of the request for expedited determination of jurisdiction, and shall provide such persons an opportunity to serve a response on the issue of whether the dispute falls within the jurisdiction of the division.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.105 Computation of Time

(1) Recall Time Calculation. In computing the five full business days prescribed by Sections 720.303(10)(b)2., 720.303(10)(c)2., and 720.303(10)(d), F.S., and these rules, in which the board is required to duly notice and hold a board meeting and file for recall arbitration with the division, the day that the board is served with notice of the recall and the day of the board meeting shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday or legal holiday as prescribed by Section 110.117, F.S., in which event the period shall run until the end of the next business day. For example, if a recall petition is served on the board on June 1, 2004, a Tuesday, the board must duly notice and hold a board meeting to determine whether to contest the recall not later than Monday, June 7, 2004. Likewise, if the board meeting on whether to certify the recall is held on Monday, June 7, 2004, the board shall file its petition for recall arbitration not later than the close of business on Monday, June 14, 2004.

(2) Additional Time after Service by Mail. Unless otherwise ordered by the arbitrator, during the pendency of a case, when a party is required or permitted by these rules or by order of the arbitrator to do an act within a prescribed period after the service of an order or pleading upon that party, and the order or pleading is served by regular United States mail, five days shall be added to the prescribed period. No additional time shall be added to the prescribed period if service is made by hand, facsimile transmission, or other electronic transmission. This provision does not apply to the filing of the petition for recall arbitration which must be filed by the board within 5 business days of the board meeting on whether to certify the recall. In addition, no additional time is added by operation of this rule for a motion for rehearing that must be filed (e.g., received) by the division within 15 days of entry of a final order. No additional time is added by operation of this rule for the filing of a motion for costs and attorney’s fees that must be filed (e.g., received) by the division within 30 days of entry of a final order or final order on motion for rehearing.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.106 Parties; Appearances; Substitution and Withdrawal of Counsel

(1) Parties in any proceeding conducted in accordance with Section 720.303, 720.306, or 720.311, F.S., are petitioners or respondents.

(2) The petitioner in a recall arbitration proceeding may be the association, where the board seeks to challenge a recall effort of the homeowners, or may be the homeowners voting in favor of recall where the association fails to timely file a petition for recall arbitration. Where the association through the board timely files for recall arbitration, the respondents shall be the group of homeowners who voted at a meeting, or who executed a written agreement, to recall one or more directors of the board. Every homeowner who voted in favor of recall and who did not revoke his or her vote prior to service on the board of the recall agreements shall be deemed to be a party in the recall arbitration proceeding. Where the homeowners voting in favor of recall file the petition for recall arbitration, the respondent shall be the association.

(3) Parties in an election dispute shall be involved homeowners and the association.

(4) All parties shall receive copies of all pleadings, motions, notices, orders, and other matters filed in arbitration proceedings in the manner provided by Rule 61B-80.108, F.A.C.

(5) An attorney or qualified representative who has filed a petition or has otherwise become the attorney or representative of record for a party to a proceeding shall be permitted to withdraw from representation only upon the filing of a suitable motion with the arbitrator, which motion shall provide a correct mailing address for the client. Only attorneys licensed to practice law in Florida shall be permitted to appear as counsel of record, except that an attorney licensed out of state may apply to the arbitrator for permission to appear in an individual proceeding.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.107 Who May Appear; Criteria for Other Qualified Representatives

(1) Any person who appears before any arbitrator has the right, at that person’s own expense, to be accompanied, represented and advised by a member of the Florida Bar or by a qualified representative who is not a member of the Florida Bar, but who shall demonstrate his or her familiarity with and understanding of these rules of procedure, and with any relevant portions of Chapter 720, F.S., and the rules promulgated by the division.

(2) If a person wishes to be represented by a qualified representative, the arbitrator shall make diligent inquiry of the prospective representative during a non-adversarial proceeding, under oath, to assure that the prospective representative is qualified to appear in the arbitration proceedings and is capable of representing the rights and interests of the person. In lieu of the above, the arbitrator may consider the prospective representative’s sworn affidavit setting forth the representative’s qualifications.

(3) If the arbitrator is satisfied that the prospective non-attorney representative has the necessary qualifications to render competent and responsible representation of the homeowner’s interest in a manner that will not impair the fairness of the proceedings or the correctness of the action to be taken, the arbitrator shall authorize the prospective non-attorney representative to appear in the pending arbitration.

(4) A representative named in the initial petition or who has filed a notice of appearance shall remain the representative of record and shall receive pleadings and continue in a representative capacity until the representative’s withdrawal has been approved in writing by the arbitrator.

(5) Any successor or associated attorney or other non-attorney representative shall file a notice of appearance prior to, or at the time of, the filing of any pleading with, or appearance before, the arbitrator.

(6) Standards of Conduct.

(a) A representative shall exercise due diligence in the filing and argument of any motion or pleading. All motions or pleadings shall be filed and argued in good faith.

(b) The signature of a representative upon any motion or pleading shall constitute a certificate that the representative has read the motion or pleading, that to the best of the representative’s knowledge it is supported by good faith grounds and that it has not been presented solely for the purpose of delay.

(c) A representative shall advise the client to observe and to obey the law.

(d) A representative shall not:

1. Engage in conduct involving dishonesty, fraud, deceit or misrepresentation; or engage in conduct that is prejudicial to the administration of the arbitration process;

2. File a pleading, assert a position, conduct a defense, delay an arbitration proceeding or take other action on behalf of the client when such action would serve merely to harass or maliciously injure another;

3. Handle a legal or factual matter which the representative knows or should know that the representative is not competent to handle without associating an attorney or another qualified representative; or handle a legal or factual matter without adequate preparation;

4. State or imply that he or she is able to improperly influence the arbitrator or any agency or public official;

5. Communicate or cause another to communicate with an adverse party regarding matters at issue in the arbitration proceeding where the representative knows that the adverse party is represented by an attorney or other qualified representative;

6. Disregard or advise the client to disregard a rule or statute of an agency or a ruling of an arbitrator made in the course of an arbitration proceeding;

7. Conceal or knowingly fail to disclose that which one is bound to reveal by law;

8. Knowingly use perjured testimony or false evidence, or withhold any evidence that the representative or the client should produce;

9. Knowingly make a false statement of law or fact;

10. Advise or cause a person to secrete himself or herself for the purpose of making the person unavailable as a witness therein; pay, offer to pay or acquiesce in the payment of compensation to a witness contingent upon the content of the witness’s testimony or the outcome of the case; counsel or advise a witness to provide other than honest testimony.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.108 Communication with an Arbitrator

(1) While a case is pending and within 15 days of entry of a final order, no party or other person directly or indirectly interested in an arbitration proceeding nor anyone authorized to act on behalf of a party or other interested person shall communicate verbally or in writing in the absence of all parties with an arbitrator or with the Department of Business and Professional Regulation concerning the merits of the arbitration proceeding, threaten an arbitrator, or offer an arbitrator any reward with respect to the conduct or outcome of a proceeding. No party or other interested person shall attempt to telephone or otherwise contact the arbitrator unless all parties are joined in the telephone call or otherwise included in the communication.

(2) An arbitrator who has received a communication prohibited by this rule, or who has received a threat or offer of reward by any person with respect to the conduct or outcome of a proceeding, shall place upon the record all written communications received, all written responses to such communications and a memorandum stating the substance of all oral communications received and all oral responses made, simultaneously serving all parties.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.109 Withdrawal or Dismissal of Petition; Settlement

(1) A petitioner may withdraw or dismiss the petition in writing at any time prior to the entry of a final order. Such withdrawal or dismissal shall be without prejudice to re-filing the petition at a later date. Upon the filing of a dismissal or withdrawal, the arbitrator shall enter an order closing the case file. The filing of a dismissal or withdrawal shall not preclude an award of prevailing party costs and attorney’s fees. Where a petitioner voluntarily dismisses the petition, such dismissal shall not relieve the petitioner of the requirement of mandatory binding arbitration for resolution of the dispute; the dispute shall not be filed in the courts but may be re-filed for binding arbitration at a later date.

(2) The petitioner or the parties may request dismissal of the case based on settlement of the dispute. The settlement of a dispute shall not preclude a later award of prevailing party costs and attorney’s fees.

(3) Withdrawal of a petition for arbitration of a recall shall be with prejudice; that is, the recall petition can never be re-filed with reference to that recall effort. If the board withdraws the petition, unless otherwise provided in the final order, the recall shall be deemed certified and the board members recalled. The board member or members recalled shall turn over all association records in his or their possession within five full business days after the withdrawal is filed (i.e., received by the division).

(4) Where a respondent undertakes corrective action that ends the dispute between the parties, the respondent shall immediately so notify the arbitrator.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.110 Filing; Service of Papers; Signing

(1) Filing. Unless specifically ordered by the arbitrator or provided for by these rules, every pleading or other paper filed in the proceedings, except an initial petition for arbitration, shall also be served on each party.

(2) Method and Proof of Service.

(a) When service is to be made upon a party represented by an attorney or by a qualified representative, service shall be made upon the attorney or representative unless service upon the party is ordered by the arbitrator. Service shall be made by delivering or mailing, by United States mail postage prepaid, a copy of the document to the attorney, representative, or party at that person’s last known address.

(b) In a recall arbitration proceeding, when the homeowners have not designated a homeowner representative to represent their interests or when the homeowner representative cannot be ascertained, the arbitrator shall require that the association post a copy of the petition for recall arbitration, the order allowing answer, or other pleading or order on the association property in the same location as it posts notices of meetings in accordance with Section 720.303(2)(c)1., F.S.

(c) Certificate of Service. When any attorney, representative, or unrepresented party signs a certificate of service such as the following, the certificate of service shall be taken as evidence of service in compliance with these rules:

“I certify that a copy hereof has been furnished to (here insert name or names and address or addresses) by United States (U.S.) mail this ___ day of ___ , 20__ .”

---

Signature

(3) Number of Copies. Only the original of all pleadings shall be filed with the arbitrator; no copies shall be filed. However, the initial petition for recall or election arbitration shall be accompanied by one (1) copy for the respondents.

(4) “Filing” shall mean actual receipt by the division during normal business hours or by the arbitrator during the course of a hearing. Pleadings including the initial petition or other communications may be filed by regular hard copy or facsimile, and if filed by facsimile, a hard copy of the pleading or other communication need not be filed with the arbitrator; however, the party using facsimile filing bears the burden of ensuring that the pleading or other correspondence has actually been filed with the arbitrator. If a document is filed via facsimile, the facsimile confirmation sheet shall be evidence of the date on which the division received the document. A facsimile copy is filed within the meaning of this rule when the facsimile copy of the document is received by the division. No pleadings shall be faxed that exceed 30 pages in length including attachments. When a party files a facsimile document with the arbitrator, the party shall also provide a facsimile copy to the other party if the fax number is available. If a party desires to receive orders via e-mail, the party must provide its e-mail address to the arbitrator assigned to the case.

(5) Any pleading or other document received after 5:00 p.m. shall be deemed to be filed as of 8:00 a.m. on the next regular business day.

(6) All pleadings and motions filed shall contain the following:

(a) The style of the proceeding involved:

(b) The case number, if any;

(c) The name of the party on whose behalf the pleading or motion is filed;

(d) The name, address, and telephone number of the person filing the pleading or motion;

(e) The signature of the person filing the pleading or motion; and

(f) A certificate of service attesting that copies have been furnished to other parties as required by paragraph (2)(c) of this rule.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.111 Answer and Defenses

(1) After a petition for arbitration is filed and assigned to an arbitrator, the respondent will be mailed a copy of the petition by the arbitrator, and will be given an opportunity to answer the petition. Unless a shorter time is ordered by the arbitrator in cases where the health, safety, or welfare of the resident(s) of a community is alleged to be endangered, a respondent in an election dispute shall file the answer with the arbitrator, and shall mail a copy to the petitioner, within 20 days after receipt of the petition. In a recall dispute, the respondent shall have 10 days in which to file an answer. The answer shall include all defenses and objections, and shall be filed on DBPR FORM HOA 6000-9, ANSWER TO PETITION, incorporated in Rule 61B-80.101, F.A.C. The answer shall not include a request for relief (counterclaim) against the petitioner. Any claim or request for relief must be filed as a new petition following the procedure provided in subsection 61B-80.101(3), F.A.C.

(2) The service of any motion under these rules does not alter the period of time in which to file an answer, except that service of a motion in opposition to the petition in an election dispute postpones the time for filing of the answer until 20 days after the arbitrator’s ruling on the motion. The following defenses shall be made by motion in opposition to the petition:

(a) Lack of jurisdiction over the subject matter,

(b) Lack of jurisdiction over the person,

(c) Insufficiency of process,

(d) Insufficiency of service of process,

(e) Failure to state a cause of action, and

(f) Failure to join indispensable parties.

In the case of election arbitration proceedings, a motion making any of these defenses shall be made before the filing of the answer. The grounds on which any of the enumerated defenses are based and the substantial matters of law intended to be argued shall be stated specifically and with particularity in the responsive pleading or motion. Any ground not stated in the motion shall be deemed to be waived except any ground showing that the division lacks jurisdiction of the subject matter may be made at any time. In a recall proceeding, these enumerated defenses shall not be raised by motion but shall be included in the answer.

(3) Every defense in law or fact to a claim for relief in a petition shall be asserted in the answer. Unless otherwise determined by the arbitrator, any ground or defense not stated in the answer shall be deemed to be waived except any ground showing that the arbitrator lacks jurisdiction of the subject matter. Each defense shall be separately stated and shall include an identification of all facts upon which the defense is based.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.112 Defaults and Final Orders on Default

(1) When a party fails to file or serve any responsive document in the action or has failed to follow these rules or a lawful order of the arbitrator, the arbitrator shall enter a default against the party where the failure is deemed willful, intentional, or a result of neglect. No service need be made on parties against whom a default has been entered, except that pleadings asserting new or additional claims against them shall be served in the manner provided for service of the original petition for arbitration.

(2) Final orders on default may be entered at any time after the entry of a default. The arbitrator shall require affidavits as necessary to determine damages. The arbitrator may, within a reasonable time following entry of the final order on default, not to exceed one year, set aside a final order on default for reasons of excusable neglect, mistake, surprise, or inadvertence.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.113 Motions; Motions for Temporary Injunctive Relief

(1) During the course of a pending arbitration proceeding, a request to the arbitrator for an order granting some relief or request shall be made by written motion, unless made during a hearing. The motion shall state in detail the grounds for the relief requested and shall set forth the relief or order sought. The arbitrator shall conduct such proceedings and render such orders as are deemed necessary to dispose of issues raised by motion. Other parties may, within 7 days of service of a written motion or other time as provided by the arbitrator, file a written response in opposition to the motion.

(2) A party may, either with the original petition for arbitration, or any time before entry of a final order, file a motion for emergency relief or temporary injunction, which motion or accompanying argument shall demonstrate a clear legal right to the relief requested, that irreparable harm or injury exists or will result, that no adequate remedy at law exists, and that the relief or injunction would not be adverse to the public interest. An evidentiary hearing on a motion for emergency relief shall be scheduled and held as soon as possible after the filing of the motion and supporting petition for arbitration. The hearing will be held upon due notice after the petition for arbitration and motion are served on the opposing party and may be held prior to the filing of the answer.

(3) No temporary injunction shall be entered unless a bond is given by the movant in an amount the arbitrator upon testimony taken deems sufficient, conditioned for the payment of costs and damages sustained by the adverse party if the adverse party is wrongfully enjoined.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.114 Summary Disposition; Simplified Arbitration Procedure; No Disputed Issues of Material Fact

(1) Any dispute that does not involve a disputed issue of material fact shall be arbitrated as provided in this rule. Where there are no disputed issues of material fact, no formal evidentiary hearing shall be conducted. The arbitrator shall decide the dispute based solely upon the pleadings and evidence filed by the parties.

(2) At any time after the filing of the petition, if the parties do not dispute the important facts in a case, the arbitrator shall summarily enter a final order denying relief requested in the petition if the arbitrator finds that no preliminary basis for relief has been demonstrated in the petition.

(3) At any time after the filing of the petition, if the parties do not dispute the important facts, the arbitrator shall summarily enter a final order awarding relief and failing to certify the recall if the arbitrator finds that no meritorious defense exists or if substantial compliance with the requirements of the rules and statutes relating to recall has not been demonstrated, and the petition is otherwise appropriate for relief.

(4) Any party may move for summary final order whenever there are no disputed issues of material fact. The motion shall be accompanied by supporting affidavits if necessary. All other parties may, within 7 days of service of the motion, file a response in opposition, with or without supporting affidavits.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.115 Discovery

(1) The discovery process shall be used sparingly and only for the discovery of those things that are necessary for the proper disposition of the petition. Parties may obtain discovery only upon the prior approval of the arbitrator. A motion to conduct discovery shall describe with specificity the subject matter of the discovery and the method(s) by which discovery will be sought. The arbitrator may issue appropriate orders to effectuate the purposes of discovery and to prevent delay.

(2) Where discovery is permitted by order of the arbitrator, the parties may obtain discovery through the means and in the manner provided in rules 1.280 through 1.390, Florida Rules of Civil Procedure. However, a homeowner desiring to obtain copies of official association records for use in the proceeding shall utilize the owner’s right of access to the official records as provided by Section 720.303, F.S., in lieu of formal discovery.

(3) A party may seek enforcement of an order directing discovery by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the order resides.

(4) At any time after the filing of the petition for arbitration, the arbitrator may enter an order requiring the parties or either party to submit supplemental information, evidence or affidavits in support of, supplementing, explaining, or refuting any legal or factual assertion contained in a petition, answer, affirmative defense, or motion or other pleading.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.116 Conduct of Proceeding by Arbitrator

(1) The failure or refusal of a respondent to comply with a provision of these rules or any lawful order of the arbitrator shall result in the striking of the answer including any defenses or pending claims where such failure is deemed willful, intentional, or a result of neglect.

(2) The failure or refusal of a petitioner to comply with any lawful order of the arbitrator or with a provision of these rules shall result in a dismissal of the petition where such failure is deemed willful, intentional, or a result of neglect.

(3) In order to expedite the case, the arbitrator may, without the agreement of the parties, conduct any proceeding permitted under these rules, including a motion hearing or final hearing, by telephone conference.

(4) At any time after a petition for arbitration has been filed with the division, the arbitrator may direct the parties to confer for the purpose of clarifying and simplifying issues, discussing the possibility of settlement, examining documents and other exhibits, exchanging names and addresses of witnesses, resolving other procedural matters, and entering into a prehearing stipulation.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.1165 Non-Final Orders

(1) The presiding arbitrator before whom a case is pending may issue any orders necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and inexpensive determination of all aspects of the case.

(2) When a case is placed in abeyance or abated by a non-final order, no filing fee is necessary to reopen the case or otherwise proceed with the matter.

History

• Rulemaking Authority 718.1255(4) FS. Law Implemented 718.1255(3)(c), 718.1255(4)(i), 720.311(1), 720.311(2)(c) FS. History–New 9-22-14.

Fla. Admin. Code R. 61B-80.117 Subpoenas and Witnesses; Fees

(1) A subpoena requiring the attendance of witnesses or the production of documents, whether for purposes of discovery or for purposes of a final hearing, may be served by any person authorized by law to serve process or by any person who is not a party and who is of majority age, as provided in rule 1.410, Florida Rules of Civil Procedure, or as that rule may subsequently be renumbered. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so.

(2) All witnesses, other than public employees subpoenaed to appear in their official capacity, appearing pursuant to a subpoena shall be paid such fees and mileage for their attendance as set forth in Section 92.142, F.S., or as that statute may subsequently be renumbered. In the case of a public employee, such expenses shall be processed and paid in the manner provided for agency employee travel expense reimbursement; and, in the case of a witness who is not a public employee, payment of such fees and expenses shall accompany the subpoena.

(3) Any party or any person upon whom a subpoena is served or to whom a subpoena is directed may file a motion to quash or for protective order.

(4) Subpoenas shall be issued from the arbitrator in blank except for the case style, the case number, the name, address and telephone number of the attorney or party requesting issuance of the subpoena and the signature of the arbitrator assigned. Subpoenas shall be completed and served by the party requesting issuance of the subpoenas.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.118 Stenographic Record and Transcript

(1) Any party wishing to obtain a stenographic record shall make such arrangements directly with the court reporter for such services and shall notify the other parties of such arrangements in advance of the hearing. The requesting party or parties shall bear all the costs of obtaining such a record.

(2) Any party may have a stenographic record and transcript made of the final hearing at the party’s own expense. The record transcript may be used in subsequent legal proceedings subject to the applicable rules of evidence.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.119 Conduct of Formal Hearing; Evidence

(1) Hearings shall be open to the public. However, the arbitrator shall exclude any observer, witness or party who is disruptive to the conduct of the hearing.

(2) Each party shall have the right to present evidence, cross-examine the other party’s witnesses, enter objections, and to rebut the evidence presented against the party.

(3) The arbitrator is authorized to administer oaths. Oral testimony shall be taken only upon oath or affirmation.

(4) Unless otherwise ordered by the arbitrator, the petitioner shall present its evidence and witnesses. Thereafter, the respondent may present its evidence and witnesses.

(5) Evidence.

(a) An arbitration proceeding is less formal than a court proceeding. The arbitrator shall admit any relevant evidence if it is the kind of evidence on which reasonable, prudent persons rely in the conduct of their affairs. Reliable, relevant evidence may be presented by the parties. Facts are to be proven through the testimony of witnesses under oath at the final hearing and through documents admitted into evidence at the request of a party. Hearsay evidence (i.e., statements not made at the final hearing under oath, used to establish the truth of the matter asserted) may be used to supplement or explain other evidence, but is not sufficient to support a finding, unless the hearsay evidence would be admissible in a court of law. The rules of privilege shall be effective to the same extent that they are recognized in civil actions. Irrelevant and unduly repetitious evidence shall not be admitted into evidence.

(b) All exhibits shall be identified as petitioner’s exhibits, respondent’s exhibits, or as joint exhibits. The exhibits shall be marked in the order that they are received and made a part of the record.

(c) Documentary evidence may be received in the form of a photocopy.

(6) The arbitrator shall afford the parties an opportunity to submit proposed findings of fact, conclusions of law, and proposed orders, or legal briefs or memoranda on the issues, within a time designated by the arbitrator after the final hearing.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.120 Notice of Final Hearing; Scheduling; Venue; Continuances

(1) The arbitrator shall set the time and place for all final hearings. The arbitrator shall serve written notice of the final hearing by regular mail on all parties of record.

(2) All hearings shall be held in the state of Florida. Whenever possible, hearings shall be held in the area of residence of the parties and witnesses or at the place most convenient to all parties as determined by the arbitrator.

(3) In the arbitrator’s discretion, a duly scheduled hearing may be delayed or continued for good cause shown. Requests for a continuance shall be made in writing. Except in cases of emergency, requests for continuance must be made at least 10 days prior to the date noticed for the final hearing.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.121 Final Orders and Appeals

(1) Unless waived, a final order shall be entered within 30 days after any final hearing, receipt by the arbitrator of the hearing transcript if one is timely filed, or receipt of any post-hearing memoranda, whichever is applicable. The final order shall be in writing and shall include a statement of whether or not the recall was certified. Failure to render a decision within such time period shall not invalidate the decision.

(2) The final order shall be mailed to the parties, if unrepresented, or to their counsel or other qualified representative of record by regular U.S. mail. The final order shall include a certificate of service that shall show the date of mailing of the final order to the parties.

(3) In reaching a decision, the arbitrator may take official notice of and find as true without proof, any fact which may be judicially noticed by the courts of this state, including any arbitration final order or any final order of the division involving a similar or related issue.

(4) A final order or nonfinal order is effective upon its issuance and mailing unless otherwise provided in the order or unless a stay of the order has been applied for and granted by the arbitrator. A final order certifying the recall of one or more board members takes effect upon the mailing of the final order. As of the moment of mailing, those board members found to be recalled cease to be authorized board members and shall not exercise the authority of the association.

(5) The final order of the arbitrator is binding on the parties and may not be appealed. The final order of the arbitrator does not constitute final agency action and is not appealable to the district courts of appeal in the manner provided by Section 120.68, F.S. In any subsequent judicial proceeding, for example, where a party sues in court to enforce the final order, the department, the division, and the arbitrator are not necessary or proper parties and shall not be named as parties.

(6) The arbitrator in the final order may grant mandatory or prohibitory relief, declaratory relief, or any other remedy or relief that is just and equitable. No final order shall include a civil penalty assessed against a party. Relief may include certification of an election or recall, decertification of an election or recall, a requirement that a new election be held, certification of a candidate for election, decertification of a candidate, requiring a board to fill a vacancy or hold an election to fill a vacancy, requiring a director to return association records to the board, and cease acting as a board member, or other relief as may be appropriate in a given case.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.122 Technical Corrections; Rehearing

(1) Any party may file a motion for rehearing or a motion to correct any clerical mistake or error arising from oversight or omission in any final order entered by an arbitrator within 15 days of the date on which the order was entered. “Clerical corrections” shall be generally defined as computational corrections, correction of clerical mistake or typographical error or other minor corrections of error arising from oversight or omission; or an evident miscalculation of figures or an evident mistake in the description of any thing, person, or property referred to in the order; or an award by the arbitrator upon a matter not submitted. A motion for rehearing shall state with particularity the points of law or fact that the arbitrator has overlooked or misapprehended but shall not re-argue the merits of the final order. Any response shall be filed within 10 days of service of the motion.

(2) The arbitrator may on his or her own motion initiate entry of a corrected order as described by subsection (1) above within 60 days of the entry of the final order. A timely filed motion for rehearing tolls the time in which a party must file to recover its costs and attorney’s fees, until after disposition of the motion for rehearing or reconsideration.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.123 Motions for Attorney’s Fees and Costs

(1) The prevailing party in a proceeding brought pursuant to Section 720.311, F.S., is entitled to an award of reasonable costs and attorney’s fees. A prevailing party is a party that obtained a benefit from the proceeding and includes a party where the opposing party has voluntarily provided the relief requested in the petition, in which case it is deemed that the relief was provided in response to the filing of the petition.

(2) Any party seeking an award of costs and attorney’s fees must request the award in writing prior to the rendition of the final order, failing which no motion for costs and attorney’s fees will be granted.

(3) A party prevailing in an arbitration proceeding must file a motion requesting an award of costs and attorney’s fees within 30 days following entry of a final order, or final order on rehearing entered in response to a timely filed motion for rehearing. The motion is considered filed when it is actually received by the division.

(4) The motion must specify the hourly rate claimed and must include an affidavit of the attorney who performed the work that states the number of years the attorney has practiced law, must indicate each activity for which compensation is sought, and must state the time spent on each activity. In a case involving multiple issues or counts, the affidavit shall present time activity broken down by issue or count.

(5) If an award of costs is sought, the party seeking recovery of costs shall attach receipts or other documentation to provide evidence of the costs incurred. Costs will be awarded consistent with Florida case law and the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions. The cost of personal service by an authorized process server is only a recoverable cost if such personal service is either authorized or required by the arbitrator. The cost of attending a hearing by a court reporter is a recoverable cost; the cost of preparing a transcript of the hearing is only a recoverable cost if the transcript or a portion thereof, is filed with the arbitrator prior to rendition of the final order.

History

• Rulemaking Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-80.124 Department Fee

(1) The department fee will be an amount adequate to cover all costs and expenses incurred by the department in conducting an arbitration proceeding pursuant to Section 720.311, F.S.

(2) The fee shall be the sum of the following costs:

(a) The sum of the “Labor Cost” for all employees who perform work on the case. The “Labor Cost” for an employee shall be calculated as follows: [(P x 1.35)/W] x H. Where P = the biweekly pay of the lowest pay grade for the employee’s position title; 1.35 is a multiplier that takes into account the cost of pay and benefits for an employee; W = the biweekly contract hours for the employee; and H = hours directly related to the arbitration proceeding worked by the employee.

(b) The cost a contractor charges the department for any work directly related to the arbitration proceeding.

(c) Other proceeding costs directly related to the proceeding. For example direct costs include, but are not limited to, travel, long distance charges and photocopy expenses.

(3) If the arbitration proceeding involves an election dispute, petitioner and respondent shall be charged an equal share of the department’s fee. Where the arbitration dispute involves a recall dispute, only the association shall be charged the department’s fee.

(4) The department will send the party or parties an invoice for the department’s fee. The petitioner and respondent shall pay the fee within thirty days of the date of the invoice. The department’s acceptance of less than full payment by a party shall not be considered a waiver of its right to the full amount of the fee. The department’s acceptance of the payment by one party does not relieve the other party or parties from payment of their share of the fee.

(5) The department shall have the right to collect any unpaid fee to the fullest extent permitted by the laws of this state.

History

• Rulemaking Authority 720.311(1) FS. Law Implemented 720.311(1) FS. History–New 12-10-09.

Chapter 61B-81 SUBSTANTIVE RULES FOR RECALLS IN HOMEOWNERS' ASSOCIATIONS.

Fla. Admin. Code R. 61B-81.001 Right to Recall and Replace a Board Director; Developers; Other Members; Class Voting

(1) For purposes of these rules, “homeowner” is the “member” or “parcel owner” who has the “voting interest” as those terms are defined by Section 720.301, F.S.

(2) Developer Representatives. When both a developer and other homeowners are entitled to representation on a board of directors pursuant to Section 720.307, F.S., the following provisions apply to recall and replacement of directors elected or appointed by a developer:

(a) Only parcels owned by the developer shall be counted to establish a quorum for a meeting to recall and replace a director who was elected or appointed by that developer.

(b) The percentage of voting interests required to recall a director who was elected or appointed by a developer is a majority of the total parcels owned by that developer.

(c) A director who is elected or appointed by a developer may be recalled only by that developer.

(d) Only the developer may vote to fill a vacancy on the board previously occupied by a director elected or appointed by that developer.

(3) Homeowner Representatives. When both a developer and other homeowners are entitled to representation on a board of administration pursuant to Section 720.307, F.S., the following provisions apply to recall and replacement of directors elected or appointed by homeowners other than a developer:

(a) Only parcels owned by homeowners other than a developer shall be counted to establish a quorum at a meeting to recall and replace a director elected by homeowners other than a developer.

(b) The percentage of voting interests required to recall a director elected by homeowners other than a developer is a majority of the total parcels owned by homeowners other than a developer.

(c) A director who is elected by homeowners other than a developer may be recalled only by homeowners other than a developer.

(d) Only homeowners other than a developer may vote to fill a vacancy on the board previously occupied by a director elected by homeowners other than a developer.

(4) Class Voting. When the governing documents provide that a specific class of homeowners is entitled to elect a director or directors to the board, the class of homeowners electing such director or directors to the board shall constitute all the voting interests that may recall or remove such director or directors.

History

• Specific Authority 718.112(2)(j)5., 720.303(10)(d), 720.311(1) FS. Law Implemented 720.301, 720.303(10), 720.307, 720.3075(1) FS. History– New 2-3-05.

Fla. Admin. Code R. 61B-81.002 Recall of One or More Directors of a Board at a Homeowner Meeting; Board Certification; Filling Vacancies

(1) Calling a Recall Meeting. If the governing documents specifically allow recall at a homeowners’ meeting, 10 percent of the voting interests may call a meeting of the homeowners to recall one or more directors of the board by the voting interests giving the notice specified in paragraphs (2)(a) and (b) below.

(2) Noticing a Recall Meeting.

(a) Signature List. Prior to noticing a homeowners’ meeting to recall one or more directors of the board, a list shall be circulated for the purpose of obtaining signatures of not less than 10 percent of the voting interests. The signature list shall:

1. State that the purpose for obtaining signatures is to call a meeting of the homeowners to recall one or more directors of the board;

2. State that replacement directors shall be elected at the meeting if a majority or more of the existing directors are successfully recalled at the meeting; and

3. Contain lines for the voting interest to fill in his or her parcel number, signature and date of signature.

(b) Recall Meeting Notice. The recall meeting notice shall:

1. State that the purpose of the members’ meeting is to recall one or more directors of the board and, if a majority or more of the board is subject to recall, the notice shall also state that an election to replace recalled directors will be conducted at the meeting;

2. List by name each director sought to be recalled at the meeting, even if all directors are sought to be recalled;

3. Specify a person, other than a director subject to recall at the meeting, who shall determine whether a quorum is present, call the meeting to order, preside, and proceed as provided in paragraph (3)(b) of this rule;

4. List at least as many eligible persons who are willing to be candidates for replacement directors as there are directors sought to be recalled, in those cases where a majority or more of the board is sought to be recalled. Candidates for replacement directors shall not be listed when a minority of the board is sought to be recalled, as the remaining directors may appoint replacements. In addition, the notice must state that nominations for replacement directors may be taken from the floor at the meeting;

5. Have attached to it a copy of the signature list referred to in paragraph (2)(a) above;

6. Be mailed or delivered to all homeowners as required in the governing documents for a meeting of the homeowners; and

7. Be delivered to the board at least 10 days prior to the recall meeting. The notice shall become an official record of the association upon actual receipt by the board.

(3) Recall Meeting; Electing Replacements.

(a) Date for Recall Meeting. A recall meeting shall be held not less than 10 days nor more than 20 days from the date when the notice of the recall meeting is mailed or delivered.

(b) Conducting the Recall Meeting. After determining that a quorum exists (proxies may be used to establish a quorum) and the meeting is called to order, the voting interests shall proceed, as follows:

1. A representative to receive pleadings (e.g., copies of a petition for recall arbitration; motions), notices, or other papers on behalf of the recalling homeowners in the event the board disputes the recall, shall be elected or designated by the presiding officer.

2. A person to record the minutes of the recall meeting, who shall not be a board director subject to recall at that meeting, shall be elected or designated by the presiding officer.

3. The requirements of this subsection do not prohibit the voting interests from electing one person to perform one or more of these functions.

(c) Recall Meeting Minutes. The minutes of the recall meeting shall:

1. Record the date and time the recall meeting was called to order and adjourned;

2. Record the name or names of the person or persons chosen as the presiding officer, the recorder of the official minutes and the unit owner representative’s name and address;

3. Record the vote count taken on each director of the board sought to be recalled;

4. State whether the recall was effective as to each director sought to be recalled;

5. Record the vote count taken on each candidate to replace the board directors subject to recall and, if applicable, the specific seat each replacement board director was elected to, in those cases where a majority or more of the existing board was subject to recall; and

6. Be delivered to the board and, upon such delivery to the board, become an official record of the association.

(d) Separate Recall Vote. The voting interests shall vote to recall each board director separately.

(e) Filling Vacancies. When the voting interests have recalled one or more board directors at a homeowners’ meeting, the following provisions apply regarding the filling of vacancies on the board:

1. If less than a majority of the existing board is recalled at the meeting, no election of replacement board directors shall be conducted at the homeowners’ meeting as the existing board may, in its discretion, fill these vacancies, subject to the provisions of Section 720.307, F.S., by the affirmative vote of the remaining board directors. In the alternative, if less than a majority of the existing board is recalled at the homeowners meeting, the board may call and conduct an election to fill a vacancy or vacancies;

2. If a majority or more of the existing board is recalled at the meeting, an election shall be conducted at the recall meeting to fill vacancies on the board occurring as a result of recall. The voting interests may vote to elect replacement board directors in an amount equal to the number of recalled directors.

(f) Taking Office. When a majority or more of the board is recalled at a homeowners’ meeting, replacement directors shall take office:

1. Upon the expiration of five full business days after adjournment of the homeowners’ recall meeting, if the board fails to hold its board meeting to determine whether to certify the recall within five full business days of the adjournment of the homeowners’ recall meeting; or

2. Upon the expiration of five full business days after adjournment of the board meeting to determine whether to certify the recall, if the board fails to certify the recall and fails to file a petition for arbitration; or

3. Upon certification of the recall by the board; or

4. Upon certification of the recall by the arbitrator, in accordance with subparagraph (5)(b)4. of this rule, if the board files a petition for recall arbitration.

(g) After adjournment of the meeting to recall one or more members of the board of administration:

1. Any rescission of an individual homeowner’s vote or any additional homeowners’ votes received in regard to the recall shall be ineffective.

2. Where the board determines not to certify the recall of a director and that director resigns, any appointment to fill the resulting vacancy shall be temporary pending the arbitration decision.

(4) Substantial compliance with the provisions of subsections (1), (2) and (3) of this rule shall be required for the effective recall of one or more directors of the board.

(5) Board Meeting Concerning a Recall at a Meeting of the Homeowners; Filling Vacancies. The board shall properly notice the board meeting at which it will determine whether to certify the recall of one or more directors at a homeowners’ meeting. It shall be presumed that recall of one or more directors at a homeowners’ meeting shall not, in and of itself, constitute grounds for an emergency meeting of the board if the board has been provided notice of the recall meeting as provided in subparagraph (2)(b)7. of this rule.

(a) Certified Recall. If the recall of one or more directors by vote at a homeowners’ meeting is certified by the board, the recall shall be effective upon certification, and the following provisions apply:

1. Each recalled director shall return to the board all association records in his or her possession within five full business days after adjournment of the board meeting at which the recall was certified.

2. If less than a majority of the existing board is recalled in a certified recall, a vacancy or vacancies on the board may be filled by the affirmative vote of a majority of the remaining board members, subject to the provisions of Section 720.307, F.S., regardless of whether the authority to fill vacancies in this manner is provided in the governing documents. No recalled director shall be appointed by the board to fill any vacancy on the board. A director appointed pursuant to this rule shall fill the vacancy for the unexpired term of the seat being filled. If the board determines not to fill vacancies by vote of the remaining directors or if it is unable to fill vacancies in this manner (e.g., if there is a tie vote on the proposed replacement director; if a quorum is not obtained, or otherwise), the board may, in its discretion, call and hold an election in the manner provided by Section 720.306(9), F.S., in which case any person elected shall fill the entire remaining term.

3. If a majority or more of the board is recalled in a certified recall, those replacement directors elected at the recall meeting shall take office upon adjournment of the board meeting at which it was determined to certify the recall. A director who is elected to fill a vacancy caused by recall shall fill the vacancy for the unexpired term of the seat being filled.

(b) Non-certification of Recall by the Board. If the board votes for any reason not to certify the recall of one or more directors at a meeting of the homeowners, the following provisions apply:

1. The board shall, subject to the provisions of these rules file a petition for arbitration with the division (i.e., be received by the division) within five full business days after adjournment of the board meeting at which the board determined not to certify the recall of one or more directors.

2. Any director sought to be recalled shall, unless he or she resigns, continues to serve on the board until a final order regarding the validity of the recall is mailed by the arbitrator.

3. If the arbitrator certifies the recall of less than a majority of the board, the remaining directors may fill the vacancy or vacancies as provided in subparagraph (5)(a)2. of this rule.

4. If the arbitrator certifies the recall of a majority or more of the board, the term of office of those replacement directors elected at the recall meeting shall become effective upon mailing of the final order of arbitration. The term of office of replacement directors elected at the recall meeting shall expire in accordance with the provisions of subparagraph (5)(a)3. of this rule.

(6) Failure to Duly Notice and Hold the Board Meeting. If the board fails to duly notice and hold a meeting to determine whether to certify the recall within five full business days of the adjournment of the homeowners’ recall meeting, the following shall apply:

(a) The recall under these circumstances shall be deemed effective immediately upon expiration of the last day of five full business days after adjournment of the homeowners’ recall meeting.

(b) If a majority of the board is recalled, replacement directors elected at the homeowners’ meeting shall take office immediately upon expiration of the last day of five full business days after adjournment of the homeowners’ recall meeting, in the manner specified in this rule.

History

• Specific Authority 718.112(2)(j)5., 720.303(10)(d)-(e), 720.311(1) FS. Law Implemented 720.303(10), 720.307, 720.3075(1) FS. History–New 2-3-05.

Fla. Admin. Code R. 61B-81.003 Recall by Written Agreement of the Voting Interests; Board Certification; Filling Vacancies

(1) Form of Written Agreement. All written agreements used for the purpose of recalling one or more directors shall:

(a) List by name each director sought to be recalled;

(b) Provide spaces by the name of each director sought to be recalled so that the person executing the agreement may indicate whether that individual director should be recalled or retained;

(c) List, in the form of a ballot, at least as many eligible persons who are willing to be candidates for replacement directors as there are directors subject to recall, in those cases where a majority or more of the board is sought to be recalled. Candidates for replacement directors shall not be listed when a minority of the board is sought to be recalled, as the remaining board may appoint replacements. A space shall be provided by the name of each candidate so that the person executing the agreement may vote for as many replacement candidates as there are directors sought to be recalled. A space shall be provided and designated for write-in votes. The failure to comply with the requirements of this subsection shall not effect the validity of the recall of a director or directors;

(d) Provide a space for the person signing the written agreement to state his or her name, identify his parcel by number or street address and indicate the date the written agreement is signed;

(e) Provide a signature line for the person executing the written agreement to affirm that he or she is authorized in the manner required by the governing documents to cast the vote for that parcel;

(f) Designate a representative who shall open the written agreements, tally the votes, serve copies on the board and, in the event the board does not certify the recall by written agreement and files a petition for arbitration, receive pleadings (e.g., copies of a petition for recall arbitration; motions), notices, or other papers on behalf of the persons executing the written agreement;

(g) The written agreement or a copy shall be served on the board by certified mail or by personal service. Service on the board after 5:00 p.m. on a business day or on a Saturday, Sunday or legal holiday, as prescribed by Section 110.117, F.S., shall be deemed effective as of the next business day that is not a Saturday, Sunday, or legal holiday. Service of the written agreement on an officer, association manager, board director or the association’s registered agent will be deemed effective service on the association. Service upon an attorney who has represented the association in other legal matters will not be effective on the association unless that attorney is a director, the association’s registered agent, or has otherwise been retained by the association to represent it in the recall proceeding. Personal service shall be effected in accordance with the procedures set out in Chapter 48, F.S., and the procedures for service of subpoenas as set out in rule 1.410(c), Florida Rules of Civil Procedure, effective 2-3-05; and

(h) Become an official record of the association upon service upon the board.

(i) Written recall ballots in a recall by written agreement may be reused in one subsequent recall effort. A written recall ballot expires 120 days after it is signed by a homeowner. Written recall ballots become void with respect to the director sought to be recalled where that director is elected during a regularly scheduled election.

(j) Written recall ballots may be executed by an individual holding a power of attorney or limited or general proxy given by the homeowner(s) of record.

(k) Any rescission or revocation of a homeowner’s written recall ballot or agreement must be done in writing and must be delivered to the board prior to the board being served the written recall agreements.

(2) Substantial compliance with the provisions of subsection (1) of this rule shall be required for an effective recall of a director or directors.

(3) Board Meeting Concerning a Recall by Written Agreement; Filling Vacancies. The board shall hold a duly noticed meeting of the board to determine whether to certify (to validate or accept) the recall by written agreement within five full business days after service of the written agreement upon the board. It shall be presumed that service of a written agreement to recall one or more directors shall not, in and of itself, constitute grounds for an emergency meeting of the board to determine whether to certify the recall.

(a) Certified Recall. If the board votes to certify the written agreement to recall, the recall shall be effective upon certification, and the following provisions apply:

1. Each recalled director shall return to the board all association records in his or her possession within five full business days after adjournment of the board meeting at which the recall was certified.

2. If less than a majority of the existing board is recalled in a certified recall, a vacancy or vacancies on the board may be filled by the affirmative vote of a majority of the remaining directors, subject to the provisions of Section 720.307, F.S., relating to developer control of the association and regardless of whether the authority to fill vacancies in this manner is provided in the governing documents. No recalled director shall be appointed by the board to fill any vacancy on the board. A director appointed pursuant to this rule shall fill the vacancy for the unexpired term of the seat being filled. If the board determines not to fill vacancies by vote of the remaining directors or if it is unable to fill vacancies in this manner (e.g., if there is a tie vote on the proposed replacement director; if a quorum is not obtained, or otherwise) the board may, in its discretion, call and hold an election in the manner provided by Section 720.306(9), F.S., in which case any person elected shall fill the entire remaining term.

3. If a majority or more of the board is recalled in a certified recall, those replacement directors elected by the written agreement pursuant to the procedure referenced in paragraph (1)(c) of this rule shall take office upon adjournment of the board meeting at which it was determined to certify the recall. A director who is elected to fill a vacancy caused by recall shall fill the vacancy for the unexpired term of the seat being filled.

(b) Non-certification of Recall by the Board. If the board votes not to certify the written agreement to recall for any reason, the following provisions apply:

1. The board shall, consistent with the provisions of Chapter 61B-80, F.A.C., file a petition for arbitration with the division (i.e., be received by the division) within five full business days after adjournment of the board meeting at which the board determined not to certify the written agreement to recall.

2. Any director sought to be recalled shall, unless he or she resigns, continue to serve on the board until a final order regarding the validity of the recall is mailed by the arbitrator.

3. If the arbitrator certifies the recall of less than a majority of the board, the remaining directors may fill the vacancy or vacancies as provided in subparagraph (3)(a)2. of this rule.

4. If the arbitrator certifies the recall of a majority or more of the board, the term of office of those replacement board members elected by written agreement of the voting interests shall become effective upon mailing of the final order of arbitration. The term of office of those replacement directors elected by written agreement of the voting interests shall expire in accordance with the provisions of subparagraph (3)(a)3. of this rule.

5. A majority of the total voting interests entitled to vote in favor of recall is sufficient to recall a director, regardless of any provision to the contrary in the governing documents.

6. The failure of the association to enforce a voting certificate requirement in past association elections and homeowner votes shall preclude the association from rejecting a written recall ballot or agreement for failing to comply with a voting certificate requirement.

(4) Board Meeting Minutes. The minutes of the board meeting at which the board determines whether to certify the recall are an official record of the association and shall record the following information:

(a) A majority of the total voting interests entitled to vote in favor of recall is sufficient to recall a director, regardless of any provision to the contrary in the governing documents;

(b) The failure of the association to enforce a voting certificate requirement in past association elections and homeowner votes shall preclude the association from rejecting a written recall ballot or agreement for failing to comply with a voting certificate requirement;

(c) The date and time the board meeting is called to order and adjourned;

(d) Whether the recall is certified by the board;

(e) The manner in which any vacancy on the board occurring as a result of recall will be filled, if the recall is certified; and

(f) If the recall was not certified, the specific reasons it was not certified.

(5) After service of a written agreement on the board:

(a) Any written rescission of an individual homeowner vote or any additional homeowner votes received in regard to the recall shall be ineffective.

(b) Where the board determines not to certify the recall of a director and that director resigns, any appointment to fill the resulting vacancy shall be temporary pending the arbitration decision.

(6) Taking Office. When a majority or more of the board is recalled by written agreement, replacement directors shall take office:

(a) Upon the expiration of five full business days after service of the written agreement on the board, if the board fails to hold its board meeting to determine whether to certify the recall within five full business days after service of the written agreement;

(b) Upon the expiration of five full business days after adjournment of the board meeting to determine whether to certify the recall, if the board fails to certify the recall and fails to file a petition for arbitration;

(c) Upon certification of the recall by the board; or

(d) Upon certification of the recall by the arbitrator, in accordance with subparagraph (3)(b)4. of this rule, if the board files a petition for recall arbitration.

(7) Failure to Duly Notice and Hold a Board Meeting. If the board fails to duly notice and hold the board meeting to determine whether to certify the recall within five full business days of service of the written agreement, the following shall apply:

(a) The recall shall be deemed under these circumstances effective immediately upon expiration of the last day of the five full business days after service of the written agreement on the board.

(b) If a majority of the board is recalled, replacement directors elected by the written agreement shall take office upon expiration of five full business days after service of the written agreement on the board in the manner specified in this rule.

(c) If the entire board is recalled, each recalled director shall immediately return to the replacement board all association records in his or her possession. If less than the entire board is recalled, each recalled director shall immediately return to the board all association records in his or her possession.

History

• Specific Authority 718.112(2)(j)5., 720.303(10)(d), 720.311(1) FS. Law Implemented 720.303(10), 720.307, 720.3075(1) FS. History–New 2-3-05.

Chapter 61B-82 THE RULES OF MEDIATION PROCEDURE IN HOMEOWNERS' ASSOCIATIONS.

Fla. Admin. Code R. 61B-82.001 Scope; Nature of Remedy; Forms

History

• Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History–New 2-3-05, Repealed 9-18-07.

Fla. Admin. Code R. 61B-82.002 Filing Petition for Mediation

History

• Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History–New 2-3-05, Repealed 9-18-07.

Fla. Admin. Code R. 61B-82.004 Assignment of Mediator; Billing

History

• Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History–New 2-3-05, Repealed 9-18-07.

Fla. Admin. Code R. 61B-82.005 Parties

History

• Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History–New 2-3-0, Repealed 9-18-07.

Fla. Admin. Code R. 61B-82.006 Disputes Eligible for Mediation; Relief Requested

History

• Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History–New 2-3-0, Repealed 9-18-07.

Fla. Admin. Code R. 61B-82.007 Subsequent Proceedings; Conclusion of Mediation Proceeding

History

• Specific Authority 720.311(1) FS. Law Implemented 720.311(2) FS. History–New 2-3-05, Repealed 9-18-07.

Chapter 61B-83 CERTIFICATION OF COMMUNITY ASSOCIATION MEDIATORS AND ARBITRATORS

Fla. Admin. Code R. 61B-83.001 Scope, Organization, Procedure, Forms

History

• Specific Authority 720.311(1) FS. Law Implemented 720.311(2)(c) FS. History–New 12-20-04, Repealed 9-18-07.

Fla. Admin. Code R. 61B-83.002 Filing Application for Certification; Verification Requirements

History

• Specific Authority 720.311(1) FS. Law Implemented 718.1255(4), 720.311(2)(c) FS. History–New 12-20-04, Repealed 9-18-07.

Fla. Admin. Code R. 61B-83.003 Qualifications of Mediator or Arbitrators Certification Applicants

History

• Specific Authority 720.311(1) FS. Law Implemented 720.311(2)(c) FS. History–New 12-20-04, Repealed 9-18-07.

Fla. Admin. Code R. 61B-83.004 Certification and Training Programs

History

• Specific Authority 720.311(1) FS. Law Implemented 720.311(2)(c) FS. History–New 12-20-04, Repealed 9-18-07.

Chapter 61B-85 HOMEOWNER ASSOCIATIONS

Fla. Admin. Code R. 61B-85.001 Filing Reporting Information

1

History

• Rulemaking Authority 720.303(13)(f) FS. Law Implemented 720.303(13) FS. History–New 11-13-13, Repealed 3-5-26.

Division 61C Division of Hotels and Restaurants

Chapter 61C-1 GENERAL

Fla. Admin. Code R. 61C-1.001 Definitions

Except when otherwise defined in this rule, the definitions provided in s. 1-201.10(B), Food Code, 2017 Recommendations of the United States Public Health Service/Food and Drug Administration; shall apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C. In addition, the following definitions apply to Chapters 61C-1, 61C-3 and 61C-4, F.A.C.

(1) Adulterated – As provided in Section 500.10, F.S.

(2) Air curtain – A mechanical device which produces a controlled plane of moving air at a minimum velocity of 500 feet per minute across the opening protected and directed so as to prevent the entrance of flying insects and other airborne contaminants.

(3) Air gap – The unobstructed vertical distance, through the free atmosphere, between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood-level rim of the receptacle, or the lowest opening from any waste outlet pipe and the flood-level rim of the receptacle. For a drainage system, the term also means an air break, which is the unobstructed horizontal distance through the free atmosphere, between the outer surfaces of any waste outlet pipe and the inner surfaces of the plumbing device into which it is discharging.

(4) Approved – Acceptable to the division following a determination as to conformance with appropriate sanitation and safety standards and good public health practice.

(5) Basic Item – An item defined in the Food Code as a Core Item.

(6) Bedding accommodations – This term includes a mattress, box spring, bed frame, pillows and bed linens. This term includes various sizes and types of conventional beds, sleeper type couches, rollaway or folding type beds, and baby cribs.

(7) Closed – Free of openings larger than 1/32 of an inch.

(8) Commissary – A public food service establishment licensed by the division or a food establishment permitted by the Department of Agriculture and Consumer Services, which is utilized by a mobile food dispensing vehicle or temporary commercial kitchen for the purpose of providing all required support services, including potable water and wastewater disposal, that are not available on the mobile food dispensing vehicle or in the temporary commercial kitchen.

(9) Condiment – Any food such as ketchup, mayonnaise, mustard, relish, or any other seasoning that is used to enhance the flavor of other food.

(10) Director – The director of the Division of Hotels and Restaurants appointed pursuant to Section 20.165(3), F.S., or the director’s designee, as the context permits.

(11) Fixed food establishment – A public food service establishment which operates at a specific location and is permanently connected to electrical, water, and sewage disposal systems.

(12) Food Code – This term as used in Chapters 61C-1, 61C-3 and 61C-4, F.A.C., means s. 1-201.10(B), sections 2-101.11, 2-102.11, 2-102.20(A), 2-103.11, 2-2, 2-3, 2-4, 2-5, Chapter 3, Chapter 4, Chapter 5, Chapter 6, Chapter 7, and sections 8-103.10, 8-103.11, 8-103.12, 8-201.13, 8-201.14, 8-304.11(C), 8-304.11(D), 8-404.11, and 8-404.12 of the Food Code, 2017 Recommendations of the United States Public Health Service/Food and Drug Administration including Annex 3: Public Health Reasons/Administrative Guidelines; Annex 5: Conducting Risk-based Inspections (https://www.flrules.org/Gateway/reference.asp?No=Ref-11219), herein adopted by reference. A copy of the Food Code, as adopted by the division, is available on the division’s Internet website www2.myfloridalicense.com/hotels-restaurants. A copy of the entire Food Code is available on the U.S. Food and Drug Administration Internet website, https://www.fda.gov.

(13) Food establishment – As utilized in the Food Code, this term shall apply to public lodging establishments and food service establishments as defined in Chapter 509, F.S., according to the context of the applicable rule language.

(14) Garbage – Food waste generated on premises that is not disposed of through the sewage disposal system. The term also includes solid waste such as discarded containers or wrappers that are contaminated with food waste.

(15) High Priority Item – An item defined in the Food Code as a Priority Item.

(16) Hot water – Hot water means a water temperature of 100 degrees Fahrenheit or above.

(17) Intermediate Item – An item defined in the Food Code as a Priority Foundation Item.

(18) Manager – An individual who has direct authority, control or supervision over employees engaged in the storage, preparation, display and serving of food to the public.

(19) Misbranded – As provided in Section 500.11, F.S.

(20) Owner – A person, firm or corporation who, or which, owns or controls the premises.

(21) Potable water – Water satisfactory for drinking, culinary, and domestic purposes meeting quality standards of Chapters 62-550 and 62-555, F.A.C.

(22) Premises – The public food service or lodging establishment and the contiguous land or property under the control of the operator. The property may include all yards, alleys, driveways, sidewalks, and other exterior portions of the licensed premises.

(23) Railway – Either a railing or a guardrail system of building components located near the open sides of elevated walking surfaces.

(24) Remodel – To make any change to an existing public food service establishment which affects the sanitation or safety of the establishment.

(25) Self-sufficient mobile food dispensing vehicle – A public food service establishment classified as a mobile food dispensing vehicle that contains, as part of the vehicle, a three compartment sink for washing, rinsing, and sanitizing equipment and utensils; a separate handwash sink; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP gas, or a portable power generation unit; a potable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of the Food Code.

(26) Self-sufficient temporary commercial kitchen – A public food service establishment classified as a temporary commercial kitchen that contains, as part of the portable structure, a three compartment sink for washing, rinsing, and sanitizing equipment and utensils; a separate handwash sink; adequate refrigeration and storage capacity; full provision of power utilities including electrical, LP gas, or a portable power generation unit; a potable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of the Food Code.

(27) Sewage – Any liquid waste containing chemicals or animal, mineral, or vegetable matter, or liquid waste from sinks, bathroom facilities, grinders, garbage containers, dishwashing machines, floor drains, floor washing, or handwashing facilities.

(28) Stairway – One or more flights of stairs or steps, either interior or exterior, and the landings, platforms, or other supporting structures necessary to connect separate levels in order to form a continuous passage from one level to another in a building structure.

(29) Temporary food service event – Any event of 30 or fewer consecutive days in duration where food is prepared, served, or sold to the general public. For purposes of this rule, a temporary food service event is either a:

(a) Community temporary food service event – a temporary food service event advertised and recognized in the community, or

(b) Workplace temporary food service event – a temporary food service event that takes place at a specific workplace for the purpose of serving employees and guests of that workplace.

(30) Wholesome – Food which is in sound condition, clean, free from adulteration and otherwise suitable for human consumption.

History

• Rulemaking Authority 509.032 FS. Law Implemented 509.032, 509.102 FS. History–Amended 9-20-63, 3-21-64, 1-7-70, Revised 2-4-71, Amended 10-18-71, 11-17-73, 12-18-74, 12-5-82, Formerly 7C-1.01, Amended 9-10-89, 12-31-90, 2-27-92, 11-4-92, Formerly 7C-1.001, Amended 3-31-94, 10-9-95, 9-25-96, 1-1-98, 12-6-00, 2-27-05, 8-12-08, 6-26-12, 1-1-13, 3-6-16, 11-1-19, 10-18-23, 3-17-26.

Fla. Admin. Code R. 61C-1.002 Licensing and Inspection Requirements

(1) The current license from the division shall be conspicuously displayed in the office or lobby of the licensed establishment. If no office or lobby is present on the premises of the licensed establishment, the license must be readily available for inspection upon request.

(2) Each applicant for a public lodging or public food service establishment license and each licensee or licensed agent must:

(a) Provide an email address to the division for use as the primary contact for all division communications.

(b) Create and maintain a division online service account to manage their application or license.

1. Pursuant to s. 509.241(4)(c), F.S., any applicant, licensee or licensed agent may request an exemption from the online service account requirements of this rule by submitting DBPR HR-7037, Request for Exemption from Creating and Maintaining a Division Online Service Account (http://www.flrules.org/Gateway/reference.asp?No=Ref-16471) incorporated herein by reference and effective 2023 November.

2. Approved exemptions will be valid for 365 calendar days from the date of approval.

3. The division will provide any person granted an exemption under this subsection with instructions on how to submit applications, forms and fees in physical format.

4. Any applicant, licensee or licensed agent who wishes to continue their exemption for an additional 365 days must submit a new request before the current exemption expires. The extension will be valid for 365 calendar days from division approval of the extension.

(3) To apply for licensure, an applicant must submit the appropriate application and the required fee, pursuant to Section 509.251, F.S., and Rule 61C-1.008, F.A.C., to the division. Any license fee received by the division is non-refundable once the establishment commences operation.

(a) License Applications.

1. Public lodging establishments, except vacation rentals and timeshare projects, required to be licensed by the division, under Chapter 509, F.S., must submit DBPR HR-7027, Application for Public Lodging Establishment License (http://www.flrules.org/Gateway/reference.asp?No=Ref-14782), incorporated herein by reference and effective 2022 August.

2. Vacation rentals and timeshare projects required to be licensed by the division under Chapter 509, F.S., must submit DBPR HR-7028, Application for Vacation Rental or Timeshare Project License (http://www.flrules.org/Gateway/reference.asp?No=Ref-16811), incorporated herein by reference and effective 2024 May.

3. Public food service establishments required to be licensed by the division under Chapter 509, F.S., must submit one of the following applications, as appropriate to the establishment.

a. DBPR HR-7035, Application for Fixed Public Food Service Establishment License (http://www.flrules.org/Gateway/reference.asp?No=Ref-16814), incorporated herein by reference and effective 2024 May.

b. DBPR HR-7030, Application for Fixed Food Service Establishment License with Plan Review (http://www.flrules.org/Gateway/reference.asp?No=Ref-16812), incorporated herein by reference and effective 2024 May.

c. DBPR HR-7036, Application for Mobile Public Food Service Establishment License (http://www.flrules.org/Gateway/reference.asp?No=Ref-16815), incorporated herein by reference and effective 2024 May.

d. DBPR HR-7031, Application for Mobile Public Food Service Establishment License with Plan Review (http://www.flrules.org/Gateway/reference.asp?No=Ref-16813), incorporated herein by reference and effective 2024 May.

4. Temporary public food service establishments required to be licensed by the division under Chapter 509, F.S., must complete DBPR HR 5021-029, Temporary Event Vendor Receipt, Application and Inspection (https://www.flrules.org/Gateway/reference.asp?No=Ref-12471), incorporated herein by reference and effective 2020 December. The division will provide a copy of this application at the time of inspection.

(b) Pursuant to Section 559.79(1), F.S., the application shall require the name, address and social security number of each person who owns 10 percent or more of the outstanding stock or equity interest in the licensed activity. The division shall keep the social security number of each person reported on the application confidential, except in accordance with Section 559.79(3), F.S., and as provided in law with other governmental agencies.

(c) Pursuant to Section 213.0535, F.S., the application shall require the federal employer identification number and sales tax identification number of the applicant. The division shall keep such numbers confidential except as provided in conjunction with the Registration Information Sharing and Exchange Program and as provided in law with other governmental agencies.

(4) Upon the division determining that each new application for license or application for change of ownership is complete, the establishment shall pass an opening inspection by the division prior to issuance of the license. An opening inspection shall not be required for vacation rentals, timeshare projects or vending machines. An opening inspection shall not be required for a change of ownership for public food service establishments that do not require a plan review if within 120 days prior to the postmark date on the application the establishment had a satisfactory inspection that did not result in administrative action or require a call-back inspection.

(5) Public lodging establishments as defined in Section 509.013(4), F.S., are licensed in accordance with the classifications in Section 509.242, F.S., and:

(a) Transient establishments – are licensed as hotels, motels, transient apartments, bed and breakfast inns, vacation rentals and timeshare projects. Vacation rentals are further classified as condominiums or dwellings. A vacation rental condominium license will be issued for a unit or group of units in a condominium or cooperative. A vacation rental dwelling license will be issued for a single-family house, a townhouse, or a unit or group of units in a duplex, triplex, quadruplex, or other dwelling unit that has four or less units collectively.

1. Vacation rental and timeshare project licenses will be issued as a single, group, or collective license pursuant to Section 509.251, F.S., to either an individual person or to a licensed agent. For the purpose of this rule, “licensed agent” means the operator of a management company that has been licensed by the dwelling or unit owner, through a rental agreement or contract between the two parties, to hold out the dwelling or unit for rent on a transient basis. A licensed agent is not required to hold a license from the Division of Real Estate.

a. A single license is a license issued by the division to an individual person or entity, but not a licensed agent. A single license may include one single-family house or townhouse, or a unit or group of units within a single building that are owned and operated by the same individual person or entity.

b. A group license is a license issued by the division to a licensed agent to cover all units within a building or group of buildings in a single complex. A group license shall only cover those units which are held out to the public as a place regularly rented to guests as defined in Chapter 509, F.S.

c. A collective license is a license issued by the division to a licensed agent who represents a collective group of houses or units found on separate locations. A collective license may not be issued for more than 75 houses or units per license and is restricted to counties within one district.

2. Responsibilities of Vacation Rental and Timeshare Project Licensees.

a. For inspection purposes, the licensee or operator shall, upon request, meet the inspector at the site of a specified establishment with keys to the licensed house or unit being inspected.

b. The licensee or operator shall notify the division of any and all houses or units represented for inclusion in the license application. Anytime a change occurs in the street or unit address or number of houses or units included under the license, the licensee or operator must submit any and all changes through their Department online service account at least 60 days prior to the expiration date of the license. In addition, a list of the included houses or units shall be maintained in a written form for inspection by request.

c. Failure to fulfill any of the responsibilities of the licensee set forth in sub-subparagraphs a. and b., above, constitutes failure to make the premises available for inspection.

d. In the case of a single license, the licensee shall be responsible for all violations pursuant to Chapter 509, F.S., and Chapters 61C-1 and 61C-3, F.A.C.

e. In the case of a collective license or group license, the authorized agent shall be responsible for all violations pursuant to Chapter 509, F.S., and Chapters 61C-1 and 61C-3, F.A.C., if violations occurred while the dwelling or unit was listed under the licensed agent or as reflected in records filed with the division.

(b) Nontransient establishments – are licensed as nontransient apartments.

(c) For all public lodging establishments except vacation rentals and timeshare projects, the operator is required to notify the division immediately of any changes in the number of rental units.

(d) Attestation for Exclusion from Public Lodging Establishment License.

1. As provided in Section 509.013(4)(b)8., F.S., any apartment building designated primarily as housing for persons at least 62 years of age which is inspected by the United States Department of Housing and Urban Development or other entity acting on its behalf is excluded from division licensure.

2. Attestation for exclusion shall be submitted on DBPR HR-7032, Attestation for Exclusion from Public Lodging Establishment License (http://www.flrules.org/Gateway/reference.asp?No=Ref-15335) incorporated herein by reference and effective 2023 March.

a. The exclusion may be partial and apply to specific individual apartment buildings or it may be full and apply to the entire apartment complex.

b. Upon change of ownership, a new Attestation for Exclusion from Public Lodging Establishment License shall be completed and submitted by the new operator.

c. If circumstances change and the exclusion no longer applies, the operator must notify the division and submit a DBPR HR-7027, Application for Public Lodging Establishment License.

(6) Public food service establishments, as defined in Section 509.013(5), F.S., are licensed in accordance with the following classifications and requirements:

(a) Nonseating:

1. Permanent – Permanent nonseating establishments are classified as those fixed public food service establishments for which the sole service provided is intended as take-out or delivery, or which do not otherwise provide accommodations for consumption of food by guests on the premises, or premises under the control of the operator. For the purposes of this section, establishments located at food courts and malls are classified in this manner as long as seating is not provided within the premises of the establishment itself.

2. Mobile food dispensing vehicle – Mobile food dispensing vehicles are classified as any vehicle mounted public food service establishments which are self-propelled or otherwise movable from place to place and include self-contained utilities, such as gas, water, electricity and liquid waste disposal. The owner is responsible for acquainting all operators with the requirements of all applicable laws and rules. All mobile food dispensing vehicles required to have vehicle identification numbers shall submit this number to the division on the application for license. All mobile food dispensing vehicles required to have a commissary under Rule 61C-4.0161, F.A.C., must submit DBPR HR-7022, Commissary Services Notification, to the division upon submission for plan review or application for a license, if plan review is not required.

3. Temporary commercial kitchen – Temporary commercial kitchens are classified as any kitchens that are public food service establishments, used for the preparation of takeout or delivery-only meals housed in portable structures that are movable from place to place by a tow or are self-propelled or otherwise axle-mounted, that include self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. The term does not include a tent. All temporary commercial kitchens required to have a commissary under Rule 61C-4.0161, F.A.C., must submit DBPR HR-7022, Commissary Services Notification, to the division upon submission for plan review or application for a license, if plan review is not required.

4. Caterer – Caterers are classified as any public food service establishments where food or drink is prepared for service elsewhere in response to an agreed upon contract for a function or event. The term includes catering kitchens. For the purpose of this rule, the term “caterer” does not include those establishments licensed pursuant to Chapter 500 or 381, F.S., or any other location where food is provided or displayed for sale by the individual meal. A licensed public food service establishment that also provides catering services is not required to hold a separate catering license from the division. Caterers must meet all applicable standards of a public food service establishment as provided in Rules 61C-1.004, 61C-4.010 and 61C-4.023, F.A.C. Separate independent caterers utilizing the equipment or premises of a licensed public food service establishment are deemed operators as defined by Section 509.013(2), F.S., of such public food service establishment and subject to all applicable requirements of law and rule.

5. Temporary public food service establishments and vendors.

a. Temporary public food service establishments are classified as those establishments operated at temporary food service events as defined in Section 509.013(8), F.S. If upon inspection the temporary public food service establishment does not meet minimum sanitation standards as provided in Chapters 61C-1 and 61C-4, F.A.C., food service operations shall be discontinued until corrections are complete and verified by the division.

b. Public food service establishments that have a current license may operate one facility at a temporary event as part of the existing license. Each additional facility operated by the same licensee must acquire a separate temporary food service event license.

6. Vending machines – Vending machines are classified as any self-service devices licensed pursuant to Chapter 509, F.S., which, upon insertion of coin or token, or by other means, dispense unit servings of time/temperature control for safety (potentially hazardous) food, either in bulk or packaged, without the necessity of replenishing the device between each operation. All vending machine owners shall submit the serial number of each vending machine to the division on DBPR HR-7035, Application for Fixed Public Food Service Establishment License. The vending machine owner shall maintain an accurate and current list of vending machine locations with the corresponding serial number. This list shall be made available to the division upon request. The division shall coordinate with the vending machine owner to schedule inspections with the assistance of the owner or the owner’s agent with the capability to open and demonstrate the machine.

7. Theme park food carts – Theme park food carts are classified as mobile or stationary units which operate within the confines of a theme park or entertainment complex as an extension of or in association with a fixed public food service establishment. Such carts shall be licensed collectively by the entity which maintains and operates them. The entity which maintains and operates any food cart or group of food carts within a theme park or entertainment complex shall acquaint all operators with the requirements of all applicable laws and rules. The operator is required to notify the division immediately of any changes in the number of carts.

8. Culinary education programs – Nonseating culinary education programs are culinary education programs as defined in Section 381.0072(2), F.S., which offer, prepare, serve, or sell food to the general public and that do not otherwise provide accommodations for consumption of food by guests on the premises, or premises under the control of the establishment.

(b) Seating:

1. Permanent ‒ Permanent seating establishments are classified as those public food service establishments that provide and maintain accommodations for consumption of food on the premises of the establishment or under the control of the establishment. The operator of the establishment is responsible for providing the number of seats available to the public to the division prior to licensing. Prior to making any changes in the number of seats provided which may affect the license fee, fire safety, or the wastewater disposal system, the operator must report the change to the division by submitting DBPR HR 5021-103, Seating Change Evaluation (http://www.flrules.org/Gateway/reference.asp?No=Ref-00895), incorporated herein by reference and effective October 22, 2008, or any document obtained from the local authorities having jurisdiction that provides proof the operator obtained approval for the change. A change in the number of seats is not valid until approved by the division. License fees related to a seating change are not due until the license is renewed, unless the seating change is part of a license application.

2. Culinary education programs – Seating culinary education programs are culinary education programs as defined in Section 381.0072(2), F.S., which offer, prepare, serve, or sell food to the general public and that provide and maintain accommodations for consumption of food on the premises of the establishment or under the control of the establishment. The operator of the establishment is responsible for providing the number of seats available to the public to the division prior to licensing. Prior to making any changes in the number of seats provided which may affect the license fee, fire safety, or the wastewater disposal system, the operator must report the change to the division by submitting DBPR HR 5021-103, Seating Change Evaluation or any document obtained from the local authorities having jurisdiction that provides proof the operator obtained approval for the change. A change in the number of seats is not valid until approved by the division. License fees related to a seating change are not due until the license is renewed, unless the seating change is part of a license application.

(c) Plan Reviews.

1. The operator of each public food service establishment to be newly constructed, remodeled, or reopened after being out of business for more than 18 months shall submit properly prepared facility plans and specifications to the division for review and approval in accordance with the provisions of Chapter 509, F.S., and rule Chapters 61C-1 and 61C-4, F.A.C. Such plans must be approved by the division as meeting the sanitation and safety requirements provided in law prior to scheduling of an opening inspection and licensing. The operator of each public food service establishment to be renovated or remodeled shall submit updated facility plans and specifications to the division indicating any changes to the establishment for review and approval in accordance with the provisions of Chapter 509, F.S., and rule Chapters 61C-1 and 61C-4, F.A.C. Such plans must be approved by the division as meeting the sanitation and safety requirements provided in law prior to renovating or remodeling. The terms renovate and remodel include adding new equipment, removing existing equipment, or moving equipment from its previously approved location. For renovating or remodeling, plan review submittal is not required if the division can otherwise determine that the intended remodeling will not have an impact on any sanitation and safety requirements provided in law or rule. Plan review is not required for applications for change of ownership when no interruption in operation or no change to the establishment occurs. Plan reviews for additional theme park food carts are not required if such units have been previously reviewed and approved and have no modifications from the originally approved model.

2. The plans and specifications shall indicate the general operation of the establishment; the intended menu items; location of employee and public bathrooms; proposed layout, including all work, guest, and employee areas and storage facilities; construction finishes of work areas; and equipment location, design and installation, including the type of proposed fixed equipment and facilities. Plans and specifications for permanent seating, permanent nonseating, culinary education programs, caterers, vending machines and theme park food carts must be submitted by the owner, prospective operator or their designated representative along with DBPR HR-7005, Plan Review for Fixed Public Food Service Establishment (http://www.flrules.org/Gateway/reference.asp?No=Ref-16809), incorporated by reference herein and effective 2024 May, or DBPR HR-7030, Application for Fixed Public Food Service Establishment License with Plan Review. Plans and specifications for mobile food dispensing vehicles and temporary commercial kitchens must be submitted by the owner, prospective operator or their designated representative along with DBPR HR-7006, Plan Review for Mobile Public Food Service Establishment (http://www.flrules.org/Gateway/reference.asp?No=Ref-16810), incorporated herein by reference and effective 2024 May, or DBPR HR-7031, Application for Mobile Public Food Serice Establishment License with Plan Review.

(d) A public food service establishment operating in conjunction with a public lodging establishment must obtain a separate public food service establishment license from the division, unless the only food served at the public lodging establishment is packaged or prepackaged as defined in the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. In such cases, the establishment which prepares the food is subject to the licensing provisions of this chapter, unless otherwise exempt.

(7) Renewal – The licensee is responsible for renewing the license prior to the expiration date. Any public lodging establishment or public food service establishment operating on an expired license is deemed to be operating without a license, and subject to the penalties provided for this offense in law and rule. Annual renewal dates for all establishments are determined by district and county as follows:

(a) DISTRICT 01 – October 1 – Dade, Monroe;

(b) DISTRICT 02 – December 1 – Broward, Martin, Palm Beach;

(c) DISTRICT 03 – February 1 – Citrus, Hernando, Hillsborough, Pasco, Pinellas, Polk, Sumter;

(d) DISTRICT 04 – April 1 – Brevard, Indian River, Lake, Orange, Osceola, St. Lucie, Seminole, Volusia;

(e) DISTRICT 05 – June 1 – Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns, Suwannee, Union;

(f) DISTRICT 06 – June 1 – Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, Washington; and,

(g) DISTRICT 07 – December 1 – Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, Lee, Manatee, Okeechobee, Sarasota.

(8) The division shall issue a license to each public lodging establishment and public and food service establishment which has satisfied the requirements of Chapter 509, F.S., and this chapter upon initial licensing and annual renewal. In addition to the license, the division shall issue a license decal to each mobile food dispensing vehicle, temporary commercial kitchen, theme park food cart and vending machine, which must be prominently displayed and affixed to the vehicle, kitchen, cart or machine.

(9) General Inspection Requirements.

(a) Division personnel shall inspect all public lodging establishments as often as necessary for enforcement of the provisions of law and rule and protection of the public’s health, safety and welfare. The result of each inspection shall be recorded on DBPR HR-5022-014, Lodging Inspection Report (https://www.flrules.org/Gateway/reference.asp?No=Ref-14778), incorporated herein by reference and effective 2022 August, a legible copy of which shall be provided to the operator.

(b) Division personnel shall inspect all public food service establishments and other places where food is served to or prepared for service to the public as often as necessary for enforcement of the provisions of law and rule and protection of the public’s health, safety and welfare. The result of each inspection, except inspections of temporary public food service establishments, shall be recorded on DBPR HR-5022-015, Food Service Inspection Report (http://www.flrules.org/Gateway/reference.asp?No=Ref-07063), incorporated herein by reference and effective 2016 July, a legible copy of which shall be provided to the operator. The result of each inspection of a temporary public food service establishment shall be recorded on DBPR HR 5021-029, Temporary Event Vendor Receipt, Application and Inspection, a legible copy of which shall be provided to the operator. Persons operating a public food service establishment shall permit division personnel right of entry during operating hours to observe food preparation and service, and if necessary examine records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used.

(c) The operator of each public food service establishment shall maintain the latest inspection report on premises and shall make it available to any consumer who asks to see it.

(d) Inspection Frequency. The division shall annually inspect each licensed public lodging and food service establishment as described herein and at such times as the division determines necessary to ensure the public’s health, safety and welfare. The annual inspection cycle shall begin July 1 and end June 30 the following year.

1. Public lodging establishments shall be inspected as prescribed by Section 509.032(2)(a), F.S.

2. Public food service establishments.

a. The minimum number of annual inspections required for each public food service establishment shall be based upon the risk presented by the establishment’s type of food and food preparation processes, type of service, and compliance history. An establishment’s initial classification shall be assigned upon annual inspection or upon application for a license and verified at the licensing inspection, as applicable. Public food service establishments shall be classified and inspected according to the following risk-based inspection frequency schedule.

Classification

Public Food Service Establishment Classification Guidelines

Minimum Annual Inspections

Level 1

Establishments licensed as culinary education programs, annual temporary public food service establishments, vending machines, or

Establishments that:

• Do not cook raw animal food, or

• Cook raw animal food, but do not cool any cooked or heated foods.

1

Level 2

Establishments that:

• Cook raw animal food and cool any cooked or heated foods, or

• Conduct a special process as described in 3-502.11 or 3-502.12, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., or

• Serve a raw or undercooked animal food that requires a consumer advisory under 3-603.11, Food Code, as adopted by reference in Rule 61C-1.001 or 61C-4.010, F.A.C.

2

Level 3

Establishments with a history of non-compliance resulting in three or more disciplinary Final Orders filed with the Agency Clerk within the previous two annual inspection cycles, or

Establishments that serve a highly susceptible population as defined in the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

3

Level 4

Establishments with a confirmed foodborne illness within the previous calendar year as reported by the Florida Department of Health.

4

b. The division shall reassess each establishment’s inspection frequency classification and reclassify each establishment as necessary.

3. Establishments initially licensed between January 1 and June 30 will receive a prorated number of annual inspections, including the opening inspection, during the first annual inspection cycle.

(10) Obtaining forms. All forms incorporated in this section are available from the Division of Hotels and Restaurants internet website www2.MyFloridaLicense.com/hotels-restaurants; by email request submitted at www2.MyFloridaLicense.com/contactus; by phone request to the department at (850)487-1395; or upon written request to the Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Rd., Tallahassee, Florida 32399-1011.

History

• Rulemaking Authority 509.032, 509.241, 509.2112 FS. Law Implemented 213.0535, 509.032, 509.102, 509.221, 509.241, 509.242, 509.251, 559.79, 509.2112, 509.013, 509.096 FS. History–New 1-20-63, Amended 9-19-63, 5-20-64, 2-23-66, 8-9-68, 2-4-71, 10-18-71, Repromulgated 12-18-74, Amended 9-1-83, 10-1-83, Formerly 7C-1.02, Amended 1-30-90, 12-31-90, 2-27-92, 6-15-92, Formerly 7C-1.002, Amended 3-31-94, 3-15-95, 10-9-95, 9-25-96, 5-11-98, 9-9-03, 1-1-13, 7-4-13, 7-1-14, 11-20-14, 12-28-15, 2-24-16, 7-11-16, 12-28-16, 7-16-17, 9-2-18, 2-18-21, 11-28-21, 12-5-22, 6-25-23, 5-5-24, 10-20-24.

Fla. Admin. Code R. 61C-1.0021 Administrative Actions and Enforcement

History

• Rulemaking Authority 509.032, 509.032(2)(d) FS. Law Implemented 509.091, 509.261 FS. History–New 3-31-94, Amended 10-9-95, 9-25-96, Repealed 12-8-11.

Fla. Admin. Code R. 61C-1.0022 Immediate Closure

History

• Rulemaking Authority 509.032 FS. Law Implemented 509.035 FS. History–New 3-31-94, Repealed 9-25-96.

Fla. Admin. Code R. 61C-1.003 General Inspection Requirements – Maintenance Inspection, Certificate, License and Sign Inspection

History

• Rulemaking Authority 509.032(4) FS. Law Implemented 509.032(1)(a), (2), 509.101(2), 509.211, 509.221 FS., Chapter 90-339, Laws of Florida. History–New 1-20-63, Amended 2-4-71, 12-18-74, 9-19-84, Formerly 7C-1.03, Amended 12-31-90, 2-27-92, Formerly 7C-1.003, Repealed 3-31-94.

Fla. Admin. Code R. 61C-1.004 General Sanitation and Safety Requirements

The following general requirements and standards shall be met by all public lodging and public food service establishments.

(1) Water, plumbing and waste.

(a) Except as specifically provided in these rules, standards for water, plumbing and waste shall be governed by Chapter 5, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. For the purposes of this section, the term “food establishment” as referenced in the Food Code shall apply to all public lodging and public food service establishments as defined in Chapter 509, F.S.

(b) Steam used in contact with food or food-contact surfaces shall be governed by Chapter 3, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., and free from any materials or additives except as allowed by Chapter 7, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

(2) Bathrooms.

(a) Each public lodging establishment and public food service establishment shall provide at least one conveniently located bathroom facility for its employees and guests in accordance with provisions of these rules and as approved by the local building authority having jurisdiction. Public access to bathroom facilities shall not be permitted through food preparation, storage, or warewashing areas. Bathroom fixtures shall be of readily cleanable sanitary design. Bathroom facilities shall be kept clean, in good repair and free from objectionable odors. Bathrooms shall provide at least 20 foot candles of light. The walls, ceilings and floors of all bathroom facilities shall be kept in good condition.

(b) Bathrooms shall be completely enclosed and shall have tight-fitting, self-closing doors, except bathrooms located in public lodging establishments or located outside a public food service establishment, may have entrances and exits constructed in such a manner as to ensure privacy of occupants. Bathroom doors shall not be left open except during cleaning or maintenance.

(c) Handwashing signs shall be posted in each bathroom used by employees.

(d) For the purposes of this section, the term toilet shall mean a flush toilet properly plumbed, connected and discharging to an approved sewage disposal system. In a bathroom where more than one toilet is provided, each toilet shall be separated by a partition from adjoining fixtures and a door shall be provided which will partially conceal the occupant from outside view.

(e) Nontransient public lodging establishments, vacation rentals, and timeshare projects, mobile food dispensing vehicles, temporary commercial kitchens, theme park food carts, vending machines, and public food service establishments or food vendors participating in temporary food service events are exempt from the provisions of this subsection.

(3) Vermin control – Effective control measures shall be taken to protect against the entrance into the establishment, and the breeding or presence on the premises of rodents, flies, roaches and other vermin. All buildings shall be effectively rodent-proofed, free of rodents and maintained in a rodent-proof and rodent-free condition. All windows used for ventilation must be screened, except when effective means of vermin control are used. Screening material shall not be less than 16 mesh to the inch or equivalent, tight-fitting and free of breaks. Pesticides, when used, shall be used in compliance with Chapter 7, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

(4) The storage and use of poisonous and toxic materials shall be governed by the provisions of Chapter 7, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. For the purposes of this section, the term “food establishment” as referenced in the Food Code shall apply to all public lodging and public food service establishments as defined in Chapter 509, F.S.

(5) All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions.

(6) Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage rooms shall be kept clean and free of debris and flammables.

(7) Carbon dioxide and helium tanks shall be adequately secured so as to preclude any danger to safety.

(8) Specialized Smoke Detectors – Specialized smoke detectors for the deaf and hearing-impaired shall be made available upon request by guests in transient public lodging establishments without charge. Failure of the operator to inform any employee charged with registering guests of the location of such detector constitutes failure to make such detectors available.

(9) Halls, entrances and stairways shall be clean, ventilated and well-lighted day and night. Hall and stair runners shall be kept in good condition. Railways shall be installed on all stairways and around all porches and steps.

(10) Heating and ventilation – The heating and ventilation system shall be kept in good repair or be installed to maintain a minimum of 68 degrees Fahrenheit throughout the building. The insurance inspector’s boiler report is required annually for power boilers and high pressure/high temperature boilers and biannually for low pressure steam or vapor heating boilers and shall be posted in the boiler room. The provisions of this section do not apply to the common areas of timeshare projects or of vacation rentals classified as condominiums.

History

• Rulemaking Authority 509.032 FS. Law Implemented 509.032, 509.102, 509.215, 509.221 FS. History–Amended 2-20-64, 7-14-67, 2-8-69, 2-4-71, 2-17-73, Repromulgated 12-18-74, Amended 9-19-84, Formerly 7C-1.04, Amended 12-31-90, 2-11-92, 2-27-92, 6-15-92, Formerly 7C-1.004, Amended 3-31-94, 10-9-95, 9-25-96, 5-11-98, 7-2-98, 2-24-08, 8-12-08, 4-18-12, 11-20-14, 10-5-23.

Fla. Admin. Code R. 61C-1.005 Disciplinary Guidelines

(1) This rule sets out the disciplinary guidelines for imposing penalties upon public lodging establishments and public food service establishments under the jurisdiction of the Division of Hotels and Restaurants (division) in administrative actions. The purpose of this rule is to notify licensees of the standard range of penalties routinely imposed unless the division finds it necessary to deviate from the standard penalties for the reasons stated within this rule.

(2) These disciplinary guidelines are descriptive in nature and do not use the language used to formally allege a violation in a specific case. This rule is not intended to specifically describe all possible violations of law that may be committed by a public lodging establishment or public food service establishment and that may be subject to penalty imposed by the division.

(3) The division may impose penalties against a public lodging establishment or public food service establishment for a specific violation not included in the language of this rule. If a specific violation is not included in the language of this rule, the division shall impose a penalty corresponding to the most similar violation listed in this rule.

(4) These disciplinary guidelines do not limit the division’s authority to order a public lodging establishment or public food service establishment to cease and desist from any unlawful practice, or other action authorized by law.

(5) Definitions.

(a) “High priority violation” means a violation of a high priority item, as defined in Rule 61C-1.001, F.A.C., or a violation of Chapter 509, F.S. or Title 61C, F.A.C., determined by the division to pose a direct or significant threat to the public health, safety, or welfare and is not otherwise identified in subsection (6) of this rule.

(b) “Intermediate violation” means a violation of an intermediate item, as defined in Rule 61C-1.001, F.A.C., or a violation of Chapter 509, F.S. or Division 61C, F.A.C., which relates to specific actions, equipment or procedures that contribute to the occurrence of a high priority violation, but does not meet the definition of high priority violation or basic violation and is not otherwise identified in subsection (6) of this rule.

(c) “Basic violation” means a violation of a basic item, as defined in Rule 61C-1.001, F.A.C., or a violation of Chapter 509, F.S. or Division 61C, F.A.C., which relates to general sanitation, operational controls, standard operating procedures, facilities or structures, equipment design, or general maintenance and not meeting the definition of high priority violation or intermediate violation and is not otherwise identified in subsection (6) of this rule.

(d) “First offense” means a violation of any law subject to penalty under Chapter 509, F.S., when no disciplinary Final Orders involving the same licensee have been filed with the Agency Clerk within the 24 months preceding the date the current administrative complaint is issued.

(e) “Second offense,” and “second and any subsequent offense” mean a violation of any law subject to penalty under Chapter 509, F.S., after one disciplinary Final Order involving the same licensee has been filed with the Agency Clerk within the 24 months preceding the date the current administrative complaint is issued, even if the current violation is not the same as the previous violation.

(f) “Third and any subsequent offense” means a violation of any law subject to penalty under Chapter 509, F.S., after two or more disciplinary Final Orders involving the same licensee have been filed with the Agency Clerk within the 24 months preceding the date the current administrative complaint is issued, even if the current violation is not the same as the previous violation.

(6) Standard penalties. The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to the other provisions of this rule.

(a) Basic violation.

1. 1st offense – Administrative fine of $150 to $300.

2. 2nd offense – Administrative fine of $250 to $500.

3. 3rd and any subsequent offense – Administrative fine of $350 to $1000, license suspension, or both.

(b) Intermediate violation.

1. 1st offense – Administrative fine of $200 to $400.

2. 2nd offense – Administrative fine of $375 to $750.

3. 3rd and any subsequent offense – Administrative fine of $550 to $1,000, license suspension, or both.

(c) High priority violation.

1. 1st offense – Administrative fine of $250 to $500.

2. 2nd offense – Administrative fine of $500 to $1,000, license suspension, or both.

3. 3rd and any subsequent offense – Administrative fine of $750 to $1,000, license suspension, or both.

(d) Misrepresenting food or food product.

1. 1st offense – Administrative fine of $500 or license suspension.

2. 2nd offense – Administrative fine of $1,000, license suspension, or both.

3. 3rd and any subsequent offense – Administrative fine of $1,000, license suspension, or license revocation or any combination thereof.

(e) Obstruction of division personnel.

1. 1st offense – Administrative fine of $500 or license suspension.

2. 2nd offense – Administrative fine of $1,000, license suspension, or both.

3. 3rd and any subsequent offense – Administrative fine of $1,000, license revocation, or both.

(f) Operating a public lodging establishment or public food service establishment without a license or with a license expired for more than 60 days.

1. 1st offense – Administrative fine of $250 to $500.

2. 2nd offense – Administrative fine of $500 to $1,000.

3. 3rd and any subsequent offense – Administrative fine of $750 to $1,000.

(g) Operating a public lodging establishment or public food service establishment without a license resulting in an Administration Determination and Order of Closure.

1. 1st offense – Administrative fine of $500.

2. 2nd and any subsequent offense – Administrative fine of $1,000.

(h) Operating a public lodging establishment or public food service establishment in violation of an Order of Emergency Suspension of License and Closure, Emergency Order of Closure, or other emergency administrative action that prohibits operation of the establishment.

1. 1st offense – Administrative fine of $500 to $1,000.

2. 2nd and any subsequent offense – Administrative fine of $1,000.

(i) Failure to comply with the requirements of a disciplinary Final Order.

1. 1st offense – Administrative fine of $500 and license suspension.

2. 2nd offense – Administrative fine of $1,000 and license suspension.

3. 3rd and any subsequent offense – License revocation.

(j) Finding by the Florida Commission on Human Relations resulting in a violation of Section 509.092, F.S.

1. 1st offense – Administrative fine of $200 to $400.

2. 2nd offense – Administrative fine of $375 to $750 and license suspension.

3. 3rd and any subsequent offense – License revocation.

(k) Finding by the State Fire Marshal resulting in a violation of Section 509.215(5), F.S.

1. 1st offense – Administrative fine of $1,000, license suspension, or license revocation or any combination thereof.

2. 2nd offense and any subsequent offense – Administrative fine of $1,000, license suspension, or license revocation or any combination thereof.

(l) Finding of an agency having jurisdiction resulting in a violation of Section 509.261(5)(b), F.S.

1. 1st offense – Administrative fine of $200 to $400.

2. 2nd offense – Administrative fine of $375 to $750 and license suspension.

3. 3rd and any subsequent offense – License revocation.

(m) Being adjudicated guilty of or having forfeited a bond when charged with any of the items listed in Section 509.261(6)(a), F.S.

1. 1st offense – Administrative fine of $200 to $400.

2. 2nd offense – Administrative fine of $375 to $750 and license suspension.

3. 3rd and any subsequent offense – License revocation.

(n) Operating a public lodging establishment or public food service establishment that has been deemed an imminent danger to the public health and safety by the division or local health authority for failure to meet sanitation standards or the premises have been determined by the division or local authority to be unsafe or unfit for human occupancy.

1. 1st offense – Administrative fine of $200 to $400.

2. 2nd offense – Administrative fine of $375 to $750 and license suspension.

3. 3rd and any subsequent offense – License revocation.

(o) Any violation requiring an Order of Emergency Suspension of License and Closure, as authorized by Chapter 509, F.S.

1. 1st offense – Administrative fine of $500.

2. 2nd offense – Administrative fine of $1,000, license suspension, or both.

3. 3rd and any subsequent offense – Administrative fine of $1,000, license suspension, or license revocation or any combination thereof.

(p) Violating a provision of Section 509.103, F.S.

1. 1st offense – Administrative fine of $500.

2. 2nd and any subsequent offense – Administrative fine of $1,000.

(q) Failure to satisfy a tax warrant that has existed for more than three consecutive months (Section 213.50(3)(a), F.S.).

1. 1st offense – License suspension.

2. 2nd and any subsequent offense – License suspension.

(r) Violation of the Florida Clean Indoor Air Act, Chapter 386, Part II, F.S., shall be assessed a civil penalty in accordance with Section 386.207(3), F.S.

(s) Conviction of an owner or employee of a public lodging establishment or public food service establishment by another authority having jurisdiction for a violation of Section 500.451, F.S.

1. 1st offense – License suspension.

2. 2nd and any subsequent offense – License suspension.

(7) Aggravating or mitigating circumstances. The division may deviate from the standard penalties in paragraphs (a) through (p) of subsection (6) above, based upon the consideration of aggravating or mitigating circumstances present in a specific case. The division shall consider the following aggravating and mitigating circumstances in determining the appropriate disciplinary action to be imposed and in deviating from the standard penalties:

(a) Aggravating factors.

1. Possible danger to the public.

2. The current administrative complaint alleges six or more violations.

3. The current administrative complaint alleges three or more violations of any high priority item.

4. Number of Emergency Orders of Suspension or Closure against the same licensee filed with the Agency Clerk by the division within the 12 months preceding the date the current administrative complaint was issued.

5. Actual physical damage or bodily harm caused to persons or property by the violation.

6. The current administrative complaint alleges a violation for which the licensee was previously disciplined in a Final Order filed with the Agency Clerk by the division within the 24 months preceding the date the current administrative complaint was issued.

7. Any other aggravating factors, as relevant under the circumstances.

(b) Mitigating factors.

1. Violation resulted from a natural or manmade disaster, civil disturbance or other emergency out of the operators’ control and no corrective action was possible.

2. Effect of the penalty upon the licensee’s livelihood.

3. Attempts by the licensee to correct the violation.

4. Any other mitigating factors, as relevant under the circumstances.

(8) Absent any mitigating factors, a license may be suspended for no less than two days. Absent any aggravating factors, a license may be suspended for no more than ten days. Terms of license suspensions resulting from multiple violations or Final Orders shall be applied consecutively, not concurrently.

(9) Fines resulting from multiple violations or Final Orders shall be assessed cumulatively.

(10) Notwithstanding subsection (6), license revocation may be recommended in any case or for any violation when the aggravating circumstances, licensee’s compliance history, and conditions of the public lodging establishment or public food service establishment present a significant threat to the public health, safety, and welfare.

History

• Rulemaking Authority 455.2273, 509.032 FS. Law Implemented 213.50(3), 386.207, 500.451, 509.032, 509.092, 509.103, 509.215(5), 509.261, 509.281, 509.292 FS. History–New 6-28-09, Amended 12-28-09, 1-1-13, 5-31-15, 2-9-17, 2-10-25.

Fla. Admin. Code R. 61C-1.008 License Fees

(1) Application Fees. Upon making initial application or an application for change of ownership, each public lodging and food service establishment applicant shall pay to the division a fee of $50 in addition to any other fees required by law or rule. Temporary food service events and vending machines are exempt from this subsection.

(2) Fractional License Fees. The licensing fee schedule shall require an establishment which applies for an initial license to pay the full license fee, if application is made during the annual renewal period or more than 6 months before the next such renewal period, and one-half of the fee if application is made 6 months or less before such period.

(3) Amount of License Fee – Public Lodging Establishment. The license fee to conduct a public lodging establishment shall be in accordance with the following schedule exclusive of the categories of fee adjustments set forth in subsections 61C-1.008(1), (2) and (5), F.A.C.:

(a) Transient lodging/excluding transient apartments, vacation rentals and timeshire projects.

NUMBER OF UNITS

BASIC FEE

INCREMENTAL UNIT FEE

HEP FEE

TOTAL FEE

1

$170

$10

$10

$190

2-25

$170

$20

$10

$200

26-50

$170

$35

$10

$215

51-100

$170

$50

$10

$230

101-200

$170

$75

$10

$255

201-300

$170

$105

$10

$285

301-400

$170

$135

$10

$315

401-500

$170

$160

$10

$340

OVER 500

$170

$190

$10

$370

(b) Transient apartments.

NUMBER OF UNITS

BASIC FEE

INCREMENTAL UNIT FEE

HEP FEE

TOTAL FEE

1

$125

$10

$10

$145

2-25

$125

$20

$10

$155

26-50

$125

$35

$10

$170

51-100

$125

$50

$10

$185

101-200

$125

$75

$10

$210

201-300

$125

$105

$10

$240

301-400

$125

$135

$10

$270

401-500

$125

$160

$10

$295

OVER 500

$125

$190

$10

$325

(c) Vacation rentals and timeshare projects.

1. Vacation rentals may be classified as a condominium or dwelling. Vacation rental and timeshare project licenses may be issued as either single, or collective or group, as defined in Rule 61C-1.002, F.A.C.

2. Fees for renewal shall be based on the number of existing units under license at the time of the renewal period. Unless timely notification of additions or deletions of units in a group or collective license is given to the division, as set forth in sub-subparagraph 61C-1.002(5)(a)2.b., F.A.C., the fee for renewal shall be based upon the number of units under license when the license was either issued or last renewed, whichever is most recent.

3.a. Vacation rentals and timeshare projects/collective license.

BASIC FEE

PER UNIT FEE

HEP FEE

TOTAL FEE

$150

$10

$10

VARIES

b. Vacation rentals and timeshare projects/group and single license.

NUMBER OF UNITS

BASIC FEE

INCREMENTAL UNIT FEE

HEP FEE

TOTAL FEE

1

$150

$10

$10

$170

2-25

$150

$20

$10

$180

26-50

$150

$35

$10

$195

51-100

$150

$50

$10

$210

101-200

$150

$75

$10

$235

201-300

$150

$105

$10

$265

301-400

$150

$135

$10

$295

401-500

$150

$160

$10

$320

OVER 500

$150

$190

$10

$350

(d) Non-transient apartments.

NUMBER OF UNITS

BASIC FEE

INCREMENTAL UNIT FEE

HEP FEE

TOTAL FEE

5-25

$95

$20

$10

$125

26-50

$95

$35

$10

$140

51-100

$95

$50

$10

$155

101-200

$95

$75

$10

$180

201-300

$95

$105

$10

$210

301-400

$95

$135

$10

$240

401-500

$95

$160

$10

$265

OVER 500

$95

$190

$10

$295

(4) Amount of License Fee – Public Food Service Establishment. The license fee for a public food service establishment shall be in accordance with the following schedule exclusive of the categories of fee adjustments set forth in subsections 61C-1.008(1), (2) and (5), F.A.C.:

(a) Nonseating:

1. Permanent, Mobile Food Dispensing Vehicle, Temporary Commercial Kitchen, Catering and Culinary Education Programs.

LICENSE TYPE

BASIC FEE

SERVICE TYPE FEE

EPIDEMIOLOGICAL FEE

HEP FEE

TOTAL FEE

Permanent

$220

$0

$12

$10

$242

Mobile Food

Dispensing Vehicle

$185

$135

$17

$10

$347

Temporary Commercial Kitchen

$185

$135

$17

$10

$347

Culinary Education

Program

$220

$0

$12

$10

$242

2. Temporary Public Food Service Establishment or Vendor.

EVENT DURATION

BASIC FEE

EPIDEMIOLOGICAL FEE

HEP FEE

TOTAL FEE

1-3 day events

$77

$4

$10

$91

4 through 30-day events

$90

$5

$10

$105

Annual vendor

$425

$21

$10

$456

3. Vending Machine.

LICENSE TYPE

BASIC FEE

EPIDEMIOLOGICAL FEE

HEP FEE

TOTAL FEE

Vending Machine

$10

$1

$10

$21

4. Theme Park Food Carts.

NO. OF CARTS

BASIC FEE

CAPACITY FEE

EPIDEMIOLOGICAL FEE

HEP FEE

TOTAL FEE

1-5

$185

$55

$12

$10

$262

6-10

$185

$65

$13

$10

$273

11-15

$185

$85

$14

$10

$294

16-20

$185

$105

$15

$10

$315

21-25

$185

$125

$16

$10

$336

26 or more

$185

$145

$17

$10

$357

(b) Seating:

NO. OF SEATS

BASIC FEE

CAPACITY FEE

EPIDEMIOLOGICAL FEE

HEP FEE

TOTAL FEE

1-49

$185

$55

$12

$10

$262

50-149

$185

$65

$13

$10

$273

150-249

$185

$85

$14

$10

$294

250-349

$185

$105

$15

$10

$315

350-499

$185

$125

$16

$10

$336

500 or more

$185

$145

$17

$10

$357

(c) Variance review process fees shall be $0.

(5) Delinquency Fees. A license renewal filed with the division after the expiration date shall be accompanied by a delinquency fee of $50 in addition to the renewal fee and any other fees required by law or rule.

History

• Rulemaking Authority 509.032, 509.251 FS. Law Implemented 509.013, 509.032, 509.251, 509.302 , 509.102 FS. History–New 7-31-79, Revised 9-1-80, Formerly 7C-1.08, Amended 5-10-89, 9-10-89, 10-31-89, 4-3-90, 12-31-90, 9-11-91, 2-27-92, 7-6-92, 8-23-92, 11-4-92, 4-4-93, Formerly 7C-1.008, Amended 9-20-93, 12-22-93, 6-29-95, 10-9-95, 9-25-96, 5-11-98, 9-21-00, 9-9-03, 1-18-12, 11-1-12, 2-1-14, 11-20-14, 12-28-15, 7-11-16, 5-16-17, 8-24-23.

Fla. Admin. Code R. 61C-1.009 Approved Forms

History

• Rulemaking Authority 509.032(4) FS. Law Implemented 120.53(1)(b) FS. History–New 3-7-82, Formerly 7C-1.09, Amended 12-31-90, Formerly 7C-1.009, Repealed 3-31-94.

Fla. Admin. Code R. 61C-1.010 Designated Smoking Areas in Public Places

History

• Rulemaking Authority 386.207(1), 509.032(6) FS. Law Implemented 386.202, 386.203, 386.205, 386.206, 386.207(3) FS. History–New 7-17-86, Amended 12-31-90, Formerly 7C-1.010, Amended 3-31-94, 10-9-95, Repealed 9-25-96.

Fla. Admin. Code R. 61C-1.011 Training – Public Lodging and Food Service Inspector

History

• Rulemaking Authority 509.032(6), 509.036 FS. Law Implemented 509.032(2), 509.036 FS. History–New 12-31-90, Amended 2-27-92, Formerly 7C-1.011, Amended 3-31-94, Repealed 9-25-96.

Fla. Admin. Code R. 61C-1.013 General Inspection Frequency

History

• Rulemaking Authority 509.032(6) FS. Law Implemented 509.032(2)(a) FS. History–New 9-20-93, Amended 6-29-95, Repealed 9-25-96.

Chapter 61C-3 PUBLIC LODGING ESTABLISHMENTS

Fla. Admin. Code R. 61C-3.0001 Public Lodging Establishments – General

History

• Rulemaking Authority 509.032 FS. Law Implemented 509.032 FS. History–New 3-31-94, Repealed 7-22-96.

Fla. Admin. Code R. 61C-3.0002 Definitions

History

• Rulemaking Authority 509.032 FS. Law Implemented 509.211, 509.2112, 509.215, 509.242 FS. History–New 3-31-94, Amended 10-9-95, Repealed 9-25-96.

Fla. Admin. Code R. 61C-3.0003 Definitions

(1) As referenced in Sections 509.096(1) and 509.211(5), F.S., and in this rule, the term “employee” means a person who is directly employed by a public lodging establishment and works at the licensed premises. The term excludes independent contractors and persons employed by a temporary staffing agency or employee leasing company.

(2) As referenced in Section 509.211(5), F.S., the term “key” means anything that is provided to a tenant or guest for the specific purpose of locking or unlocking a tenant unit door or guest room door.

(3) As referenced in Section 509.096(1), F.S., the phrase “provide annual training” means a public lodging establishment is required to provide yearly division-approved human trafficking awareness training to all employees required by statute to be trained. The training must initially be provided within 60 days after an employee begins employment in a role requiring training and provided again no later than every 365 days from the date the training was last provided to that same employee for as long as the employee remains in a role requiring training.

History

• Rulemaking Authority 509.032 FS. Law Implemented 509.096, 509.211(5) FS. History–New 11-30-22, Amended 5-5-24.

Fla. Admin. Code R. 61C-3.001 Sanitation and Safety Requirements

The following requirements and standards shall be met by all public lodging establishments.

(1) Glassware, tableware, and utensils.

(a) The handling, cleaning, and sanitizing of glassware, tableware, and utensils in public lodging establishments shall be subject to the provisions of Chapter 4, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. As referenced in this chapter of the Food Code, the term “food establishment” shall apply to all public lodging establishments as defined in Chapter 509, F.S.

(b) Any public lodging establishment which cannot comply with this provision shall post in a conspicuous place in each guest room where dishware, glassware, kitchenware or utensils are provided, a placard or sign which contains the following statement, or its equivalent:

“NOTICE TO GUESTS: Dishware, glassware, kitchenware and/or utensils have been provided in this room as a guest convenience. These items have been cleaned within this room or unit using ordinary household dishwashing facilities and agents. They have not been sanitized according to Federal and State standards for public food service establishments.”

(2) Kitchen and kitchen equipment –

(a) Kitchen appliances and refrigeration equipment shall be kept clean, free from odors and in good repair. Refrigerators shall be properly drained. Kitchens shall be ventilated to minimize the occurrence of excessive heat, steam, condensation, vapors, objectionable odors, smoke, and fumes. Kitchens must also have at least 10 foot candles of light, sufficient and suitable cooking utensils, and adequate garbage receptacles.

(b) A kitchen sink with hot and cold running water under pressure is required.

(3) Ice.

(a) Ice making machines shall utilize water from an approved source pursuant to Chapters 62-550 and 62-555, F.A.C., and shall be constructed, located, installed, operated, and maintained so as to prevent contamination of the ice. Ice obtained from outside the establishment shall be from a source approved under Chapter 500, F.S. Ice storage bins shall be drained through an air gap according to the provisions of the local building authority having jurisdiction.

(b) Canvas containers shall not be used unless provided with a sanitary single-service liner so as to completely protect the ice from contamination. Ice buckets and other ice containers shall be made of a smooth, nonabsorbent, impervious material; shall be designed to facilitate cleaning; shall be kept clean; and shall be stored and handled in a sanitary manner. Ice buckets and other ice containers must be cleaned and sanitized between each guest or be provided with a sanitary single-service liner which is changed at least daily. Between uses, ice containers used to transfer ice from ice making machines to ice storage bins shall be stored in a way that protects the ice containers and ice-dispensing utensils from contamination.

(c) Ice for consumer use shall be dispensed only with scoops, tongs or other ice-dispensing utensils or through automatic self-service, ice-dispensing equipment. Ice-dispensing utensils shall be made of a smooth, nonabsorbent, impervious material; shall be designed to facilitate cleaning; and shall be kept clean. Ice-dispensing utensils shall be stored on a clean surface, attached to a nonoxidizing chain or tether, and stored inside the ice bin or in the ice with the utensil’s handle extended out of the ice.

(4) Locks – An approved locking device for the purposes of Section 509.211, F.S., is a locking device that meets the requirements of chapter 10, section 1008.1.8 of the 2007 Florida Building Code: Building. Public lodging establishments as defined in paragraph 61C-1.002(5)(a), F.A.C., shall have at least one approved locking device which cannot be opened by a non-master guest room key on all outside and connecting doors. An approved locking device does not include a “sliding chain” or “hook and eye” type device.

(5) Balcony Inspection.

(a) As provided in Section 509.2112, F.S., every public lodging establishment which is 3 or more stories in height must submit to the division a certificate stating that any and all balconies, platforms, stairways, and railways have been inspected by a person who, through education and experience, is competent to inspect multi-story buildings and found by such person to be safe, secure, and free of defects. The term “balcony” is defined as a landing or porch that is accessible to or used by the public and shall include those portions of a building which are unenclosed, except by a railing, guardrail system, balustrade, or parapet. It shall also include those portions of a building which are enclosed by screening or other non-permanent building material.

(b) It is the responsibility of the operator to verify the facts and credentials establishing the competency of the multi-story balcony inspector. Such verification shall be clearly stated on the applicable form.

(c) Certification of inspection shall be submitted on DBPR HR-7020, CERTIFICATE OF BALCONY INSPECTION (http://www.flrules.org/Gateway/reference.asp?No=Ref-06411), incorporated herein by reference and effective 2015 November 10. Copies of this form are available from the Division of Hotels and Restaurants Internet website www.MyFloridaLicense.com/hotels-restaurants; by email request submitted at www2.myfloridalicense.com/DBPR/contact-us; by phone request to the department at (850)487-1395; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.

(d) The Certificate of Balcony Inspection shall be valid for three years from the date the inspection was completed. Public lodging establishments must file a new certificate with the division and the applicable local government agency every third year. The division must receive the new Certificate of Balcony Inspection on or before the date the previous certificate expires.

(e) The operator shall keep a copy of the Certificate of Balcony Inspection, stamped with the date it was received by the district, available for inspection upon request.

(f) Upon change of ownership, the operator must:

1. Have a new balcony inspection completed and file a new Certificate of Balcony Inspection; or

2. In lieu of completing a new balcony inspection, file a copy of the previous operator’s valid Certificate of Balcony Inspection along with a Certificate of Balcony Inspection containing the current operator’s information and signature. Choosing this option does not extend the original three years for which the previous operator’s Certificate of Balcony Inspection was valid.

(6) Proof of Compliance with Miya’s Law Background Screenings.

(a) As provided in Section 509.211(5), F.S., each public lodging establishment licensed as a non-transient apartment or transient apartment must require that each hire undergo a background screening as a condition of employment pursuant to Section 83.515, F.S.

(b) Background screening as a condition of employment shall apply only to new hires on or after January 1, 2023 and is not retroactive.

(c) It is the responsibility of each non-transient apartment or transient apartment licensee to verify that the background screening performed meets the minimum requirements pursuant to Section 83.515, F.S.

(d) Each non-transient apartment or transient apartment licensee must complete the DBPR HR-7033 Proof of Compliance with Miya’s Law Background Screenings (http://www.flrules.org/Gateway/reference.asp?No=Ref-15915), incorporated herein by reference and effective 2023 July. Copies of this form are available from the Division of Hotels and Restaurants Internet website at www2.MyFloridaLicense.com/hotels-restaurants; by e-mail request submitted at www2.myfloridalicense.com/contactus; by phone request to the department at (850)487-1395; or upon written request to the Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.

1. The licensee must keep a copy of the form on the premises of the licensed establishment, readily available for inspection upon request.

2. The form must include a list of applicable employees with the date of hire and should be updated as changes in staff occur.

3. Upon change of ownership, a new form must be completed by the new licensee.

(7) Exemptions – Vacation rentals, timeshare projects and nontransient apartments are exempt from subsection (1) of this rule. Establishments opting to provide any of the services listed in subsection (1) of this rule, shall comply with the requirements described herein. Nontransient apartments are exempt from paragraph (2)(a) of this rule.

History

• Rulemaking Authority 509.032, 509.2112 FS. Law Implemented 509.032, 509.211, 509.2112, 509.221 FS. History–New 1-20-63, Revised 2-4-71, Amended 9-19-84, Formerly 7C-3.01, Amended 12-31-90, Formerly 7C-3.001, Amended 3-31-94, 9-25-96, 1-18-98, 8-12-08, 3-24-10, 8-10-11, 4-1-13, 11-20-14, 3-6-16, 4-13-23, 10-18-23.

Fla. Admin. Code R. 61C-3.0011 Safety Requirements – General

History

• Rulemaking Authority 509.032 FS. Law Implemented 509.211, 509.2112, 509.215 FS. History–New 3-31-94, Amended 2-20-94, 7-19-95, Repealed 9-25-96.

Fla. Admin. Code R. 61C-3.002 Consumer Protection Requirements

The division shall consider it an unethical business practice for any establishment to engage in, or knowingly permit anyone on the licensed premises to engage in, any illegal, unfair or deceptive act. Such acts include imposition of a charge separate and apart from, or in addition to, the room rate, that is not disclosed in writing to the guest at the time of check-in; failing to disclose that additional telephone surcharges are being applied which exceed the user-line charges of the local telephone company; or depriving an individual or party of accommodations at a public lodging establishment after having prepaid reservations for said accommodations. To avoid depriving a guest of a prepaid reservation for accommodations at a public lodging establishment the establishment shall make every effort to find other comparable accommodations; and refund all monies deposited for such reservation whether deposited with the public lodging establishment, or a travel or booking agent.

History

• Rulemaking Authority 509.032 FS. Law Implemented 509.032, 509.2015 FS. History–New 4-20-63, Revised 2-4-71, Amended 9-19-84, 6-6-85, Formerly 7C-3.02, Amended 12-31-90, Formerly 7C-3.002, Amended 3-31-94, 9-25-96, 3-24-10.

Fla. Admin. Code R. 61C-3.006 Unethical Business Practices

History

• Rulemaking Authority 509.032(4) FS. Law Implemented 509.032(1), 509.201, 509.2015, 509.214 FS., Chapter 90-339, Laws of Florida. History–New 4-26-84, Formerly 7C-3.06, Amended 4-28-86, 12-31-90, Formerly 7C-3.006, Repealed 3-31-94.

Fla. Admin. Code R. 61C-3.009 Elder or Disabled Individuals at Risk

History

• Rulemaking Authority 509.032 FS. Law Implemented 415.102, 415.103, 509.032 FS. History–New 3-31-94, Repealed 7-22-96.

Chapter 61C-4 PUBLIC FOOD SERVICE ESTABLISHMENTS

Fla. Admin. Code R. 61C-4.010 Sanitation and Safety Requirements

(1) Food Supplies and Food Protection – Except as specifically provided in this rule, public food service establishments shall be subject to the provisions of Chapter 3, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

(a)1. Public food service establishment operators may use DBPR Form HR 5022-090, Time as a Public Health Control Written Procedures (https://www.flrules.org/Gateway/reference.asp?No=Ref-13899), incorporated herein by reference and effective 2021 September, as a guide for written procedures to apply time only, instead of time and temperature, as a public health control for potentially hazardous food, as provided in Section 3-501.19 of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. DBPR Form HR 5022-090 is not required and the division will accept written procedures in another format as long as the written procedures contain all the necessary information. The written procedures must be maintained and made available in each food establishment at all times for use by the person in charge and for review by the division upon request.

2. Public food service establishment operators may use DBPR Form HR 5022-101, Non-continuous (Partial) Cooking Written Procedures (https://www.flrules.org/Gateway/reference.asp?No=Ref-13900), incorporated herein by reference and effective 2021 September, to outline the standard procedures and policies used to protect the health and safety of the public when utilizing non-continuous cooking of raw animal foods, as provided in Section 3-401.14 of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. DBPR Form HR 5022-101 is not required and the division will accept written procedures in another format as long as the written procedures contain all the necessary information. The written procedures must be maintained and made available in each food establishment at all times for use by the person in charge and for review by the division upon request.

(b) In the event of an emergency such as a fire, flood, power outage, or similar event that might result in the contamination of food or that might prevent potentially hazardous food from being held at safe temperatures, the person in charge shall immediately notify the division.

(c) Labeling – Public food service establishments which prepare and package food products for sale within the establishment must ensure that packaged food products are properly labeled. A label is not required on food products placed in a wrapper, carry-out box, or other nondurable container for the purpose of protecting the food during service to and receipt by the customer. Package labels must contain the following information:

1. Identity and description of product;

2. Date product was packaged; and,

3. Name and address of establishment which prepared and packaged product.

(d) Paragraph 3-301.11(B) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., specifies that food service employees shall not contact ready-to-eat food with bare hands. However, s. 3-301.11(D) of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., allows public food service employees to contact ready-to-eat foods with their bare hands if the operator of the public food service establishment maintains a written alternative operating procedure approved by the division. Such approval may be obtained by completing optional form DBPR Form HR 5022-049, Alternative Operating Procedure (AOP) (http://www.flrules.org/Gateway/reference.asp?No=Ref-11143), incorporated herein by reference and effective 2019 November. The division will accept written procedures in another format as long as the written alternative operating procedure addresses all of the required components listed in the Food Code, as adopted in Rule 61C-1.001, F.A.C.

(e) If the division or other food regulatory authority is notified of a suspected foodborne illness outbreak in any public food service establishment which utilizes bare hand contact with ready-to-eat foods, the division will temporarily enforce no bare hand contact in the establishment until the health authority determines whether a foodborne illness outbreak exists or until such time as the origin of the foodborne illness outbreak is confirmed. If the origin of the foodborne illness, specific to the implicated establishment, is determined to be a food service employee associated outbreak, the division shall continue to enforce no bare hand contact until the establishment operator verifies completion of corrective action, including remedial training of all food preparation employees.

(2) Examination and Condemnation of Food – Food may be examined by division personnel as often as necessary to determine freedom from unwholesomeness, adulteration or misbranding in accordance with the provisions of Section 509.032(4), F.S.

(3) Personnel – Except as specifically provided in this rule, personnel in public food service establishments shall be subject to the provisions of Chapter 2, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

(4) Procedure When Infection Is Suspected – When the division has reasonable cause to suspect the possibility of disease transmission from any food service establishment employee, the division shall immediately consult with the state health officer or designee to provide epidemiological assistance or make other such investigation as may be indicated and take appropriate action in accordance with Part 2-2 of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., and these rules.

(5) Food Equipment, Utensils and Linens – Public food service establishments shall be subject to the provisions of Chapter 4, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

(6) Outdoor equipment is categorized as outdoor cooking equipment and outdoor kitchen equipment.

(a) As used in this subsection, the term “outdoor cooking equipment” means equipment used to prepare, serve or sell food items for immediate consumption, which is operated in conjunction with a public food service establishment and is constructed with solid tight-fitting door(s) and a solid tight-fitting lid or overhead dome that are integral parts of the equipment.

1. Outdoor cooking equipment may be used to prepare individual and bulk portions of food items, and may be used for immediate service in response to a consumer’s order.

2. The addition of outdoor cooking equipment must meet the plan review requirements contained in paragraph 61C-1.002(6)(c), F.A.C.

3. The removal or relocation of previously approved outdoor cooking equipment must meet the plan review requirements contained in paragraph 61C-1.002(6)(c), F.A.C.

(b) As used in this subsection, the term “outdoor kitchen equipment” means equipment used for the storage and preparation of foods, which is operated in conjunction with a public food service establishment. Outdoor kitchen equipment must be used in combination with at least one piece of outdoor cooking equipment.

1. Outdoor kitchen equipment may require overhead protection if evidence of environmental contamination is observed or if mandated during the plan review process based on the location of the equipment or on the nature of the food preparation occurring at the equipment.

2. The addition of outdoor kitchen equipment must meet the plan review requirements contained in paragraph 61C-1.002(6)(c), F.A.C.

3. The removal or relocation of previously approved outdoor kitchen equipment must meet the plan review requirements contained in paragraph 61C-1.002(6)(c), F.A.C.

(c) All foods and utensils must be removed from the outdoor equipment and stored within the associated public food service establishment whenever the establishment is not in operation.

(d) Public access to outdoor equipment must be restricted and the equipment may only be operated by food service employees.

(e) Outdoor equipment may not be utilized to conduct any special processes requiring a HACCP plan as provided in sections 3-502.11 and 3-502.12 of the Food Code as adopted by reference in Rule 61C-1.001, F.A.C.

(f) Outdoor equipment must be installed, approved, maintained and operated in accordance with the local fire authority and with any local authorities having jurisdiction.

(7) Physical Facilities – Except as specifically provided in these rules, the physical facilities at public food service establishments shall be subject to the provisions of Chapter 6, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. Public food service establishments and all property used in connection with their operations shall be kept free of litter. The walking and driving surfaces of all exterior areas of public food service establishments shall be effectively maintained to minimize dust. These surfaces shall be graded to prevent pooling of water.

(8) Bathroom Facilities – All bathroom facilities shall provide easy and convenient access to both customers and employees, and shall be located on the same floor of the premises served. For the purpose of this rule, the same floor includes any intermediate levels between the floor and ceiling of any room or space not to exceed a vertical height of 8 feet. Public food service establishments whose occupancy is incidental to another occupancy may use public bathroom facilities provided on the same floor. The travel distance may vary if adequate directional signs are provided and the number of fixtures is deemed satisfactory by the applicable local building authority. Easily cleanable receptacles shall be provided for waste materials and such receptacles in bathroom facilities for women shall be covered. Each public food service establishment shall maintain a minimum of one bathroom facility available for public use, except as provided herein:

(a) Mobile food dispensing vehicles, temporary commercial kitchens, theme park food carts, vending machines, and public food service establishments or food vendors participating in temporary food service events shall not be required to provide public bathroom facilities.

(b) Public food service establishments located within arcades, malls, or flea markets may use centrally located bathroom facilities accessible to the customers and employees of the public food service establishments. Such centrally located bathroom facilities must be available for use during all hours of operation; located on the same floor as the public food service establishment; and must be accessible without entering another business.

(c) Public food service establishments located within theme parks and entertainment complexes may utilize centrally located bathroom facilities accessible to the customers and employees of the public food service establishments provided such bathroom facilities are reasonably accessible. For purposes of this section, reasonably accessible means within 300 feet of each establishment.

(d) Public food service establishments located within a public lodging establishment shall be permitted to utilize public bathroom facilities located within the public lodging establishment provided such bathroom facilities are available for use by the customers and employees of the public food service establishment during all hours of operation and are located on the same floor as the public food service establishment.

(9) Consumer Advisory. In addition to the consumer advisory provisions of Chapter 3, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., public food service establishments serving raw oysters shall display, on menus, placards, or other effective means, the following notice: “Consumer Information: There is risk associated with consuming raw oysters. If you have chronic illness of the liver, stomach or blood or have immune disorders, you are at greater risk of serious illness from raw oysters, and should eat oysters fully cooked. If unsure of your risk, consult a physician.”

(10) Obtaining forms. All forms incorporated in this section are available from the Division of Hotels and Restaurants Internet website www2.MyFloridaLicense.com/hotels-restaurants; by email request submitted at www2.myfloridalicense.com/DBPR/contactus; by phone request to the department at (850)487-1395; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.

History

• Rulemaking Authority 509.032, 509.221 FS. Law Implemented 509.032, 509.035, 509.221 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.23, Amended 2-21-91, Formerly 10D-13.023, 7C-4.010, Amended 3-31-94, 9-25-96, 1-1-98, 7-2-98, 12-6-00, 2-27-05, 8-12-08, 6-13-10, 2-12-13, 4-29-15, 10-29-19, 1-17-22, 1-18-23, 10-18-23.

Fla. Admin. Code R. 61C-4.016 Temporary Food Service Events

(1) Public food service establishments or food vendors at temporary food service events shall comply with all applicable sanitary requirements of this rule chapter and Rule 61C-1.004, F.A.C., unless otherwise provided in this section.

(2) Facilities.

(a) Specific requirements for the physical facility where the food service activity is to be conducted shall be based on the type of food that is to be prepared or served, the length of the event, and the extent of food preparation that is to be conducted at the temporary facility.

(b) Overhead protection shall be provided at all food service operations when food is prepared or portioned on premises.

(c) When potentially hazardous food is prepared at temporary food service events of 4-30 days in length, the physical structure where the food preparation occurs shall be protected from the entrance of flying insects and other vermin.

(3) When all necessary washing and sanitizing of utensils and equipment are conducted at an approved commissary or food service establishment, a utensil washing sink will not be required, except that, an adequate supply of spare preparation and serving utensils are maintained in the establishment and used to replace those that become soiled.

(4) All food service operations which prepare food on premises shall provide an adequate supply of potable water for cleaning and employee handwashing. An adequate supply may be provided in clean portable containers equipped with on/off valves. Soap and single-service towels shall be available for handwashing and hand drying.

(5) To ensure compliance with all prescribed sanitary standards and food safety requirements, only public food service establishments holding a current license from the division can provide food service operations at a workplace temporary food service event and such food service operations may not exceed three consecutive days.

History

• Rulemaking Authority 509.032 FS. Law Implemented 509.032(2)(d), 509.221 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.29, Amended 2-21-91, Formerly 10D-13.029, 7C-4.016, Amended 3-31-94, 9-25-96, 3-17-26.

Fla. Admin. Code R. 61C-4.0161 Mobile Food Dispensing Vehicles, Temporary Commercial Kitchens and Theme Park Food Carts

(1) Except as otherwise specified in this rule, mobile food dispensing vehicles, temporary commercial kitchens and theme park food carts shall comply with applicable requirements of Rules 61C-4.010 and 61C-4.023, F.A.C.

(2) Mobile food dispensing vehicles and temporary commercial kitchens shall meet the following additional requirements:

(a) Food serving openings shall not be larger than necessary for the particular operation conducted and shall be kept closed at all times except when food is actually being served.

(b) Waste containers shall be provided for the deposit of food scraps, food wrappings, cups, napkins and discarded single-service articles.

(c) Mobile food dispensing vehicles and temporary commercial kitchens shall operate from an approved commissary that meets all applicable requirements of this rule. The commissary must be provided with potable water and adequate facilities for disposal of liquid and solid waste. Mobile food dispensing vehicles and temporary commercial kitchens must report to the commissary to store or replenish supplies, clean utensils and equipment, or dispose of liquid and solid waste. Mobile food dispensing vehicles and temporary commercial kitchens must report to their commissary at least daily when in operation.

(d) When a service area is provided at the commissary for cleaning and servicing mobile food units, the service area shall be physically separated from other food operations; shall be equipped to furnish potable water in accordance with any state or local authorities having jurisdiction; and shall provide facilities for the drainage and disposal of liquid wastes in accordance with any state or local authorities having jurisdiction, and the local building authority having jurisdiction. The surface of the servicing area shall be constructed of a smooth nonabsorbent material such as concrete or machine laid asphalt and shall be maintained in good repair, kept clean and be graded to drain.

(e) The owner of each mobile food dispensing vehicle and temporary commercial kitchens shall notify the division of each commissary they intend to utilize for support services before using the commissary by submitting DBPR HR-7022, COMMISSARY SERVICES NOTIFICATION (https://www.flrules.org/Gateway/reference.asp?No=Ref-15946), incorporated herein by reference and effective 2023 August.

(f) After submission of an initial application, the operator of a temporary commercial kitchen must notify the division within 48 hours after commencing operation in a new or different location by submitting DBPR HR-7034, NOTIFICATION OF TEMPORARY COMMERCIAL KITCHEN OPERATIONS (https://www.flrules.org/Gateway/reference.asp?No=Ref-16472), incorporated herein by reference and effective 2024 January. The completed form should be submitted electronically to the division at dhr.info@myfloridalicense.com.

(g) Mobile food dispensing vehicles and temporary commercial kitchens shall not obtain water from or dispose of wastewater at a private residence or prepare food; store food products, equipment or utensils; or conduct warewashing or any other activities related to the public food service in a private residence. The exterior of the vehicle or kitchen may be washed in any location, provided the wastewater does not create a sanitary nuisance.

(h) Self-sufficient mobile food dispensing vehicles and self-sufficient temporary commercial kitchens are exempt from paragraphs (2)(c) and (2)(e) of this rule.

(3) Mobile food dispensing vehicles which limit the preparation of food to frankfurters only shall comply with all applicable requirements set forth in Rules 61C-4.010 and 61C-4.023, F.A.C., as well as the additional requirements set forth in subsections (2), (4), (5) and (8) of this rule; except that:

(a) A utensil washing sink will not be required when all necessary washing and sanitizing of utensils and equipment are conducted at a designated approved commissary or fixed food establishment. An adequate supply of spare preparation or serving utensils shall be maintained on the vehicle and used to replace any utensils that become contaminated.

(b) Paragraph (2)(a) of this rule shall not apply when adequate precautions are utilized to prevent contamination of the frankfurters during cooking operations.

(c) Time/temperature control for safety (potentially hazardous) foods such as chili, cooked onions and peppers, cheese, and cheese sauce may only be served in individually portioned and packaged or pre-packaged containers that are maintained at proper temperatures on the unit. Non-time/temperature control for safety (non-potentially hazardous) foods such as relish, raw onions and peppers, and other such condiments may be served directly from the unit.

(4) Mobile food dispensing vehicles or temporary commercial kitchens which fail to provide water and waste systems or which otherwise fail to meet all applicable requirements of this chapter shall not engage in food preparation except as permitted in subsection (3) of this rule. Such mobile food dispensing vehicles or temporary commercial kitchens shall handle only completely wrapped or packaged food which has been manufactured, processed, prepared, and packaged in individual servings at an approved public food service establishment or a food processing plant and transported and stored in accordance with the provisions of this chapter. Bulk beverages from approved sources may be dispensed from covered urns or other protected containers.

(5) Mobile food dispensing vehicles may temporarily connect to an approved utility system for no more than one day’s operation, if the utility system provides water, wastewater, or electricity adequate to meet the needs of the unit and the unit returns to its base commissary as described in paragraph (2)(c) of this rule.

(6) A mobile food dispensing vehicle which conducts business within a theme park or entertainment complex may be stationary; may connect to an approved utility system; and shall be exempt from the further requirements of paragraph (2)(c) and subsection (5) of this rule.

(a) The mobile food dispensing vehicle shall designate a commissary within the theme park or entertainment complex. The designated commissary shall be equipped with a mobile cleaning unit that will travel from the commissary to the mobile food dispensing vehicle. The mobile cleaning unit will be based in a service area adjacent to the designated commissary as described in paragraph (2)(d) of this rule. The mobile cleaning unit shall be stocked with supplies to clean the interior and exterior of a mobile food dispensing vehicle. In addition, the mobile cleaning unit shall carry a supply of potable water sufficient to fill the mobile food dispensing vehicle’s potable water tank, and shall be able to pump waste water from a mobile food dispensing vehicle into holding tanks on the mobile cleaning unit, if necessary. The mobile cleaning unit holding tanks shall be emptied in accordance with the provisions of paragraph (2)(d) of this rule.

(b) Mobile cleaning units shall be subject to the plan review requirements contained in paragraph 61C-1.002(6)(c), F.A.C.

(c) The mobile cleaning unit shall travel to and service the mobile food dispensing vehicle not less than once weekly or more often as needed to replenish supplies, clean the interior of the unit, or dispose of liquid or solid wastes.

(7) If a theme park has a servicing area to support its theme park food carts which meets the sanitation and safety standards of this rule, deviations from the provisions of this rule are allowed for theme park food carts, provided there is full compliance with the following additional requirements:

(a) The preparation of time/temperature control for safety (potentially hazardous) foods shall be prohibited; except that, frankfurters and hamburger patties, obtained from approved sources, which prior to service require no further preparation except cooking, may be served. Time/temperature control for safety (potentially hazardous) food, which has been portioned for individual service at an approved fixed food service establishment, may be served from an enclosed theme park food cart as long as the food is protected from contamination by way of enclosures with self-closing doors, screens, air curtains, or other approved methods. Sandwich fillings may be individually portioned from protected containers. Condiments may be served individually packaged, from approved dispensers, or by the operator as a part of food preparation. Theme park food carts shall operate adjacent to or within 300 feet of the support facility.

(b) Ice which will be consumed or which will come into contact with food shall be obtained from an approved source only in chipped, crushed or cubed form. The ice shall be held in a way that protects it from contamination until dispensed.

(c) Food and food-contact surfaces shall be protected from rain, dust, rodents, insects and customer contamination. Where necessary to prevent such contamination, overhead protection and effective shields or air curtains shall be provided.

(d) All food carts, when used, shall be cleaned and serviced at least once daily.

(e) At the end of each period of operation, all foods and supplies shall be stored in the theme park’s commissary or at an approved fixed food service establishment within the park.

(f) Each theme park food cart other than those offering only packaged shall provide employees with adequate and conveniently located handwashing facilities equipped with running hot and cold water, hand cleansing soap or detergent, and approved sanitary towels or other approved hand-drying device.

(g) An adequate supply of sanitized, covered, or wrapped spare preparation or serving utensils shall be maintained in the theme park food cart and used to replace any utensil that becomes contaminated. All multi-use preparation and serving utensils used in theme park food carts shall be washed and sanitized daily at the theme park’s commissary or at an approved fixed food service establishment within the park.

(h) All storage cabinets must be of closed construction to prevent the entrance of vermin.

(8) Fire extinguishing equipment and liquified petroleum gas appliances, equipment, apparatus or containers shall be installed, approved, maintained, and used in accordance with the Florida Fire Prevention Code as approved by the local fire authority.

(9) Copies of all forms adopted in this section are available from the Division of Hotels and Restaurants Internet website http://www2.myfloridalicense.com/hotels-restaurants; by email request submitted at www2.MyFloridaLicense.com/contact-us; by phone request to the department at (850)487-1395; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.

History

• Rulemaking Authority 509.032, 509.221, 509.241(4)(c) FS. Law Implemented 509.032, 509.091, 509.101, 509.102, 509.211, 509.215, 509.221, 509.241(4)(c) FS. History–New 2-21-91, Formerly 10D-13.0291, 7C-4.0161, Amended 3-31-94, 9-25-96, 5-11-98, 7-2-98, 2-12-08, 8-12-08, 6-13-10, 11-1-12, 7-4-13, 1-6-15, 4-29-15, 7-29-18, 2-18-21, 12-31-23, 5-16-24.

Fla. Admin. Code R. 61C-4.020 Vending Machines

(1) Vending machines regulated under Chapter 509, F.S., shall be subject to applicable provisions of Rules 61C-1.004 and 61C-4.010, F.A.C.

(2) Cleaning – All food-contact surfaces of vending machines shall be thoroughly cleaned and subjected to effective bactericidal treatment at scheduled intervals, based upon the type of product being dispensed, as approved by the division in accordance with provisions of Chapter 4, Food Code, as adopted by reference in Rule 61C-1.001, F.A.C. A record of such cleaning and sanitizing operations shall be maintained and available for inspection in each machine and shall be current for at least the past 30 days. The cavities and door edges of microwave ovens must be cleaned at least once a day and shall be kept free of encrusted grease deposits and other accumulated soil.

(3) Equipment location – Vending machines, ovens and other equipment shall be located in a room, area or space which is maintained in a clean condition and which is protected from overhead leakage from drains, piping and other sources. Each machine shall be so located that the space around and under the machine can be easily cleaned and so that insect and rodent harborage is not created. The immediate area shall be well lighted and ventilated. The floor area upon which vending machines are placed shall be of such construction as to be easily cleaned and shall be kept clean and in good repair. Adequate handwashing facilities, including hot and cold running water, soap and individual towels shall be convenient to machine locations where employees service bulk food machines.

(4) Exterior construction and maintenance – The exterior construction of vending machines shall be such as to facilitate cleaning and to prevent the entrance of insects and rodents and shall be kept clean. Door and panel access openings to product and container storage spaces shall be tight fitting and, if necessary, gasketed to minimize the entrance of dust, moisture, insects and rodents. Necessary ventilation openings into vending machines shall be effectively screened. Water, gas, electrical or other service connections through an exterior machine wall shall be sealed. Utility connections shall be made in such a manner that unauthorized or unintentional disconnections will be discouraged. In all vending machines in which the condenser unit is an integral part of the machine, such unit when located below the food and container storage space, shall be separated from such space by a dust proof barrier, and when located above, shall be sealed from such space. In order to prevent seepage underneath the machine and to promote cleaning, free standing vending machines shall have one or more of these elevation or movability features:

(a) Be light enough to be manually moved with ease by one person; or

(b) Be elevated on legs or extended sidewalls to afford, with or without kickplates, an unobstructed vertical space of a least 6 inches under the machine; or

(c) Mounted on rollers or casters which permit easy movement; or

(d) Be sealed to the floor.

(e) Where used, kickplates shall be easily removable or be capable of being rotated. These kickplates shall be designed and installed to make the area under the machine easily accessible for routine cleaning without unlocking the cabinet door.

(f) Counter type machines shall be:

1. Sealed to the counter; or

2. Mounted on 4 inch legs or the equivalent; or

3. Easily moved for cleaning with service connections in place.

History

• Rulemaking Authority 509.032 FS. Law Implemented 509.032, 509.221 FS. History–New 1-1-77, Amended 1-6-81, Formerly 10D-13.33, Amended 2-21-91, Formerly 10D-13.033, 7C-4.020, Amended 3-31-94, 9-25-96, 1-22-14.

Fla. Admin. Code R. 61C-4.023 Food Protection Manager Certification and Public Food Service Employee Training

(1) All managers who are responsible for the storage, preparation, display, and serving of foods to the public shall have passed a certification test approved by the division demonstrating a basic knowledge of food protection practices as adopted by the division. Those managers who successfully pass an approved certification examination shall be issued a certificate by the certifying organization, which is valid for a period of five years from the date of issuance. Each licensed establishment shall have a minimum of one certified food protection manager responsible for all periods of operation. The operator shall designate in writing the certified food protection manager or managers for each location. A current list of certified food protection managers shall be available upon request in each establishment. When four or more employees, at one time, are engaged in the storage, preparation or serving of food in a licensed establishment, there shall be at least one certified food protection manager present at all times when said activities are taking place. The certified food protection manager or managers need not be present in the establishment during those periods of operation when there are three or fewer employees engaged in the storage, preparation, or serving of foods. It shall be the responsibility of the certified food protection manager or managers to inform all employees under their supervision and control who engage in the storage, preparation, or serving of food, to do so in accordance with acceptable sanitary practices as described in this chapter.

(2) Temporary food service vendors and vending machine operators, licensed pursuant to Chapter 509, Part I, F.S., are exempt from the manager certification requirements of this section.

(3) The Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs, as adopted by the Conference for Food Protection on August 4, 2008 and herein adopted by reference, shall be the division standard for the recognition of certifying organizations who provide food manager certification examinations. A copy of the Standards for Accreditation of Food Protection Manager Certification Programs is available on the Conference for Food Protection website at www.foodprotect.org. The Division of Hotels and Restaurants shall accept all certification examinations approved by the Conference for Food Protection. Certifying organizations that are accredited by a Conference for Food Protection sanctioned accreditor shall be recognized by the division as approved providers of a Food Protection Manager Certification Program.

(4) Public Food Service Employee Training.

(a) All public food service employees must receive training on professional hygiene and foodborne disease prevention. Professional hygiene includes personal cleanliness and hygienic practices in accordance with the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C., and techniques to prevent cross contamination. Foodborne disease prevention training must include the types and causes of foodborne illness, identification of time/temperature control for safety (potentially hazardous) food, and how to control or eliminate harmful bacteria in a public food service establishment.

(b) Public food service employees must receive training which relates to their assigned duties. Employees who prepare foods must be knowledgeable about safe methods of thawing, cooking, cooling, handling, holding and storing foods. Service personnel must be knowledgeable about safe methods of serving food. Employees who clean equipment and facilities must be knowledgeable about proper cleaning and sanitization methods. Employees responsible for maintaining the premises must be knowledgeable about proper vermin control methods as specified in the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

(c) Licensees who provide in-house employee training shall make available on the premises of the establishment, or in a theme park or entertainment complex in a central location, upon the division’s request, the curriculum and materials used to conduct training. If training is obtained from an outside provider, the licensee must provide, upon the division’s request, information about the selected training program and methods used to evaluate training outcomes. Training outcomes include employees correctly applying procedures and answering questions relative to assigned duties. Employees must safely perform their work duties in a manner consistent with the requirements of the Food Code, as adopted by reference in Rule 61C-1.001, F.A.C.

(d) Public food service employee training may be provided through written materials, interactive distance learning, in-person instruction, or any other method of delivery that conveys the necessary information, so long as the training program has been approved by the division and complies with all requirements in this subsection and Section 509.049, F.S. Regardless of the delivery method, each employee training certificate and card provided to the student upon completing the public food service employee training program must include the provider number assigned by the division, and the name and certificate number of the certified food manager responsible for providing the training.

1. For the purpose of this rule, “interactive distance learning” means the delivery of an approved public food service employee training program via the internet or other interactive electronic media. Such training must be interactive, providing for the exchange of information at regular intervals to promote student involvement, and must provide for the registration, evaluation, monitoring, and verification of public food service employee training. Interactive distance learning training programs must require the student to complete and submit a statement at the end of the course that the student personally completed each module of instruction. Interactive distance learning must not require passage of an examination to complete the training.

2. Each provider of an approved public food service employee training program provided through interactive distance learning is responsible for verifying student identification upon each log-in and at regular intervals, and ensuring that one student registration cannot be used to complete the training program more than one time. Student identification verification may be based upon information obtained at the time of registration.

3. Each provider of an approved public food service employee training program must notify the division in writing that it will provide the training program through interactive distance learning. Such notification must include the approved program provider number; the form of electronic media utilized; the internet address for the training program, if provided through the internet; and the name and certificate number of the certified food manager responsible for maintaining and updating the information provided by the training program. The approved provider must notify the division in writing of any changes to the required information within 30 days of the change.

History

• Rulemaking Authority 509.032, 509.039, 509.049 FS. Law Implemented 509.039, 509.049 FS. History–New 2-21-91, Amended 5-12-92, Formerly 10D-13.037, 7C-4.023, Amended 3-31-94, 10-9-95, 1-18-98, 2-7-01, 8-12-08, 6-30-10, 8-10-11, 4-29-15.

Chapter 61C-5 FLORIDA ELEVATOR SAFETY CODE

Fla. Admin. Code R. 61C-5.001 Safety Standards

(1) Applicability. The safety standards adopted herein shall apply to all elevators covered by Chapter 399, F.S., as follows:

(a) The installation, alteration, relocation, and change in classification must comply with Chapter 399, F.S., as well as the edition of the Florida Building Code or the Elevator Safety Code, in effect on the date of receipt of application for the permit to install, alter, relocate, or change in classification.

(b) The maintenance, repair and replacement must comply with the maintenance, repair and replacement requirements of the most recent adopted codes and the codes under which the elevator was installed, altered, relocated, or changed classification, as applicable.

(c) Inspections and periodic test witnessing must be performed in accordance with the inspection and test requirements of the most recent adopted codes.

(2) The following safety standards are hereby adopted and incorporated by reference, effective December 31, 2023:

(a) For elevators, escalators, dumbwaiters, and moving walks:

1. ASME A17.1-2019, Safety Code for Elevators and Escalators, with the following exclusions:

The following requirements of ASME A17.1-2019 are specifically excluded from adoption:

a. Private Residence Elevators: 5.3, 8.6.7.3, 8.7.5.3, 8.10.5.2, and 8.11.5.2.

b. Private Residence Inclined Elevators: 5.4, 8.6.7.4, and 8.7.5.4.

c. Marine (Shipboard) Elevators: 5.8, 8.6.7.8, 8.7.5.8, 8.10.5.8, and 8.11.5.8.

d. Mine Elevators: 5.9, 8.6.7.9, 8.7.5.9, 8.10.5.16, and 8.11.5.16.

e. Wind Turbine Tower Elevators: 5.11, 8.6.7.11, 8.10.5.14, and 8.11.5.14.

f. Outside Emergency Elevators: 5.12, 8.6.7.12, 8.7.5.10, 8.10.5.15, and 8.11.5.15.

2. ASME A17.3-2020, Safety Code for Existing Elevators and Escalators, with the following exclusions and changes:

a. The following requirements of ASME A17.3-2020 are specifically excluded from adoption:

(I) Private Residence Elevators: Part X.

(II) Emergency Brake: 3.8.5.

(III) Ascending Car Overspeed Protection: 3.10.13 and 3.13.1.

(IV) Unintended Car Movement: 3.10.14 and 3.13.2.

b. The effective date for the following requirement of ASME A17.3-2020 is changed:

The effective date for Section 3.10.12 (System to Monitor and Prevent Automatic Operation of the Elevator with Faulty Door Contact Circuits) of ASME A17.3-2020 is changed from December 31, 2023, to August 1, 2025.

c. Compliance with Section 3.10.12 may not be enforced until August 1, 2029.

(b) For stairway chairlifts and inclined or vertical wheelchair lifts:

ASME A18.1-2020, Safety Standard for Platform Lifts and Stairway Chairlifts.

(3) “ASME” is the recognized abbreviation for the American Society of Mechanical Engineers, and generally the abbreviation is used in these rules in identifying the publications of the association, which are copyrighted. It would be a violation of federal copyright law to post the materials incorporated in this rule on the Internet for public viewing. Accordingly, the public may purchase a copy of any ASME publication by writing ASME, P.O. Box 2300, Fairfield, NJ 07007-2300, or at www.asme.org. In addition, copies of the incorporated materials are available for viewing during regular business hours at the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants, located at 2601 Blair Stone Road, Tallahassee, Florida 32399, and the Florida Department of State located at R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250.

History

• Rulemaking Authority 399.02, 399.10 FS. Law Implemented 399.02, 399.03 FS. History–New 10-20-63, Amended 4-20-64, 11-17-73, 12-20-73, Revised 3-22-74, Amended 12-18-74, 8-21-79, 8-1-82, 9-19-84, Formerly 7C-5.01, Amended 11-1-87, 10-31-88, 6-12-89, 9-10-89, 10-3-90, 5-12-91, 6-23-91, 8-9-91, 8-27-92, Formerly 7C-5.001, Amended 2-2-94, 8-1-96, 1-1-98, 10-4-00, 4-2-08, 3-15-12, 8-21-12, 1-11-18, 3-23-21, 1-30-24, 5-25-26.

Fla. Admin. Code R. 61C-5.0012 Electrolysis Protection for Underground Hydraulic Elevator Cylinders

History

• Rulemaking Authority 399.10 FS. Law Implemented 399.02 FS. History–New 9-10-89, Formerly 7C-5.0012, Amended 4-2-08, Repealed 4-18-12.

Fla. Admin. Code R. 61C-5.0015 Maintenance Control Programs

(1) Elevators must comply with the maintenance control program onsite documentation requirement in s. 8.6.1.2, ASME A17.1-2013, as adopted by reference in Rule 61C-5.001, F.A.C., according to the following schedule based on the code under which the elevator was installed:

CODE UNDER WHICH INSTALLED:

DATE TO COMPLY:

ASME A17.1-2013

January 1, 2018

ASME A17.1b-2009

July 1, 2018

ASME A17.1a-2005 and ASME A17.1S-2005 (MRL Supplement) ASME A17.1-2000

January 1, 2019

ASME A17.1b-1998

April 1, 2020

ASME A17.1b-1995 and earlier versions of ASME A17.1

October 1, 2020

(2) When the maintenance control program and related documentation is maintained in electronic format, the elevator owner or lessee, when owner responsibilities are specifically assigned by lease, shall provide appropriate means for viewing the maintenance control program onsite.

History

• Rulemaking Authority 399.02, 399.10 FS. Law Implemented 399.02 FS. History–New 12-31-17, Amended 10-29-19.

Fla. Admin. Code R. 61C-5.004 Bulletin Boards

History

• Rulemaking Authority 399.10 FS. Law Implemented 399.02 FS. History–New 5-14-79, Amended 8-1-82, Formerly 7C-5.04, Amended 10-31-88, 4-11-91, Formerly 7C-5.004, Amended 2-2-94, 10-4-00, 4-2-08, Repealed 4-18-12.

Fla. Admin. Code R. 61C-5.0051 Emergency Stop Switches and In-Car Stop Switches

(1) Emergency Stop Switches. Only passenger elevators with non-perforated enclosures, installed prior to May 14, 1979, shall be permitted to have an emergency stop switch in the elevator car. The emergency stop switch shall be located in or adjacent to the operating panel of the elevator car in accordance with the ASME A17.1a-2005, rule 2.26.2.5, hereby incorporated by reference.

(a) Exception. The requirements of subsection (1) of this rule shall not apply to those elevators whose owners have removed the emergency stop switch after receiving written approval from the division.

(b) An emergency stop switch shall be provided in the car of all freight and passenger elevators with a perforated enclosure, in accordance with ASME A17.1a-2005, rule 2.26.2.5, as incorporated by reference.

(2) In-Car Stop Switch – New Installations. On passenger elevators equipped with non-perforated enclosures, a stop switch, either key operated or behind a locked cover, shall be provided in the car and located in or adjacent to the car operating panel, in accordance with ASME A17.1a-2005, rule 2.26.2.21, hereby incorporated by reference.

History

• Rulemaking Authority 399.10 FS. Law Implemented 399.02 FS. History–New 5-6-90, Formerly 7C-5.0051, Amended 2-2-94, 4-2-08.

Fla. Admin. Code R. 61C-5.006 Elevator Fees; Permits; Certificates of Operation; Delinquency Fee; Transfer of Ownership; Certificate Replacement; Accident Reporting

(1)(a) A registered elevator company shall apply for a permit to install, alter or relocate an elevator by submitting DBPR HR-7015, Application for Permit to Install, Alter or Relocate an Elevator and Certificate of Operation, (https://www.flrules.org/Gateway/reference.asp?No=Ref-09062) incorporated herein by reference and effective 2018 January; and DBPR HR-7023, Affidavit of Elevator Plans Code Compliance, (https://www.flrules.org/Gateway/reference.asp?No=Ref-09063) incorporated herein by reference and effective 2018 January, completed and signed by a certificate of competency holder or certified elevator inspector authorized by the registered elevator company making application. Any remodel, change to or addition of fixtures or components in the elevator cab that requires a test under ASME A17.1, as adopted in Rule 61C-5.001, F.A.C., or meets the definition of an alteration, as defined in Section 399.01(1), F.S., requires an alteration permit. A replacement, as defined in Rule 61C-5.008, F.A.C., does not require an alteration permit.

1. Each application for a permit to install or relocate an elevator must be accompanied by a permit fee of $250 and the certificate of operation fee specified in subsection 61C-5.006(4), F.A.C.

2. Each application for a permit to alter must be accompanied by a permit fee of $200 and a list of the alterations to be performed under the permit.

(b) A copy of the permit must be posted at the construction site while work is in progress.

(c) Every permit issued becomes invalid unless the work authorized by such permit is commenced within 6 months after issuance, or if the work authorized by such permit is suspended or abandoned for a period of 60 days after the time the work is commenced. For good cause, one or more extensions of time may be allowed after the permit holder has commenced work, ordered parts, or started construction on the elevator. Requests for extensions of time must be in writing and must include the circumstances leading to the request and the requested length of the extension. An extension request is not approved until signed by the director of the Division of Hotels and Restaurants or the director’s designee.

1. An extension of time for good cause shall be granted due to delays in construction arising from the non-availability of parts necessary to complete construction; the occurrence of a natural disaster or civil disturbance; the injury, illness, or death of an involved material party to the construction; or other hardship as approved by the director or the director’s designee.

2. Extensions will not be granted when the director or it’s designee determines that the delay is the fault of the contractor or applicant; the delay results from failing to diligently pursue construction; or the necessity for the extension is due to the party’s own negligence and would have been avoided by the party’s exercise of due diligence.

(d) At least five days prior to the initial acceptance inspection, the permitholder must notify the division of the date and time of the scheduled inspection. If the initial acceptance inspection is rescheduled, the permitholder must notify the division as soon as the new date and time is determined. Rescheduled initial acceptance inspections are not subject to the five-day notification requirement.

(e) The permit is satisfied and closed upon the completion of a satisfactory initial acceptance inspection or alteration acceptance inspection performed in compliance with chapter 399, F.S., and this rule chapter.

(2)(a) Upon completion of a satisfactory initial acceptance inspection for a permit to install or relocate, the certified elevator inspector must issue a temporary certificate of operation by completing the inspector copy of DBPR Form HR 5023-005, Temporary Operating Permit/Temporary Certificate of Operation, (https://www.flrules.org/Gateway/reference.asp?No=Ref-02247) incorporated herein by reference and effective October 8, 2012, and place it in the elevator license frame. A temporary certificate of operation is valid for 60 days from the date of the satisfactory inspection or until receipt of the initial certificate of operation from the division, whichever occurs first.

(b) The division will issue the initial certificate of operation upon receipt of proof of a satisfactory initial acceptance inspection.

(c) If the initial certificate of operation is issued to a person other than the owner taking possession of the building, the building owner or an authorized representative must apply for a change of owner within 30 days of taking possession of the building by submitting DBPR HR-7025, Application for Elevator Change of Owner and Certificate of Operation, (https://www.flrules.org/Gateway/reference.asp?No=Ref-11110) incorporated herein by reference and effective 2019 August. If the certificate of operation will expire within 90 days of the owner taking possession of the building, the elevator owner shall apply for a change of owner with license renewal as described on form DBPR HR-7025.

(3) All certificates of operation will expire on July 31 at 11:59 p.m. of each year. Applications and fee payments for renewal of certificates of operation not postmarked or received before August 1 of each year will be deemed delinquent. The following items are required for renewal and must be received by the Bureau of Elevator Safety prior to issuance of a renewal certificate of operation:

(a) The certificate of operation fee; and,

(b) Proof of a current satisfactory inspection, or

(c) Those two-stop elevators or other conveyances not requiring an inspection pursuant to Section 399.061(1)(a), F.S., shall either have on file with the bureau verification of a valid service maintenance contract as described in Rule 61C-5.013, F.A.C., or submit proof of a current satisfactory inspection.

(d) A delinquent certificate of operation renewal must be accompanied by a late fee of $50 in addition to the certificate of operation fee.

(4) The certificate of operation fee shall be $75 for each type of installation and class as follows:

TYPE OF INSTALLATION

CLASS

TYPE OF INSTALLATION

CLASS

Traction Passenger

01

Screw Column

11

Hydraulic Passenger

02

Escalator

12

Traction Freight

03

Hand Elevator

13

Hydraulic Freight

04

Sidewalk Elevator

14

Hand Power Passenger

05

Material Lift/Dumbwaiter with Automatic Transfer Device

15

Hand Power Freight

06

Special Purpose Personnel Elevator

16

Moving Walk

07

Inclined Stairway Chairlift

17

Inclined Lift

08

Inclined & Vertical Wheelchair Lift

18

LU/LA (Limited Use/Limited Application

09

Rack and Pinion

19

Dumbwaiter

10

(5) Certificate of operation renewal is the responsibility of the current elevator owner or lessee, when owner responsibilities are specifically assigned by lease. The current owner or lessee is responsible for applying for a change of owner within 30 days after transfer of ownership or lease assignment by submitting DBPR HR-7025, Application for Elevator Change of Owner and Certificate of Operation. If the certificate of operation will expire within 90 days of the owner taking possession of the building, the elevator owner shall apply for a change of owner with license renewal as described on form DBPR HR-7025. The division will issue a new certificate of operation to the new owner or lessee upon receipt of a completed application. No fee will be charged for processing a change of owner without license renewal as described on form DBPR HR-7025.

(6) Replacement of a mutilated or lost certificate of operation must be provided to the owner when a request is received by the division. Such requests must include the elevator license number, business name and address, and a contact name and phone number. Requests for a replacement certificate of operation may be submitted by phone, e-mail, fax, or in writing to the division.

(7) These Fees are Nonrefundable.

(8) A certificate of operation holder must submit DBPR Form HR-7016, Elevator Owners Accident Report (https://www.flrules.org/Gateway/reference.asp?No=Ref-15390) incorporated herein by reference and effective 2023 February, within 5 working days of any elevator accident as required in Section 399.125, F.S.

An Elevator Owners Accident Report is required to be submitted when the operation of a conveyance results in an accident including, but not limited to, an entrapment or bodily injury.

(9) Obtaining forms. All forms incorporated in this section are available from the Division of Hotels and Restaurants website at http://www2.MyFloridaLicense.com/elevator-safety/; by email to dhr.elevators@myfloridalicense.com; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013.

History

• Rulemaking Authority 399.02, 399.03, 399.07(1), 399.10, 399.125 FS. Law Implemented 399.03, 399.061, 399.07, 399.125, 559.79 FS. History–New 8-21-79, Amended 11-20-79, 10-8-81, 4-21-82, 8-1-82, 11-27-83, 9-19-84, 10-8-85, Formerly 7C-5.06, Amended 10-31-88, 7-1-92, 10-11-92, Formerly 7C-5.006, Amended 2-2-94, 1-1-98, 5-24-01, 9-17-07, 4-21-13, 12-29-14, 4-4-18, 10-29-19, 7-12-23, Technical Change 2-4-26.

Fla. Admin. Code R. 61C-5.007 Certificates of Competency and License Registrations, Initial, Renewal; General Liability Insurance Coverage

(1)(a) All certificates and licenses, as specified in this section, expire on December 31 at 11:59 p.m. of each year unless renewed by the division.

(b) A renewal application for a certificate of competency, including fee payment, or an annual license registration postmarked on or after January 1 will be deemed delinquent. A certificate of competency or annual license registration resulting from a delinquent submission shall be valid from the date renewed or issued by the division through December 31 each year.

(c) Expired certificates and licenses are not valid and the certificate holder or licensee is not authorized to perform any work under an expired certificate or license until the division approves and completes a renewal.

(2) Certificate of Competency. Pursuant to Sections 399.01(14) and (16), F.S., the certificate of competency is a credential only and does not authorize any work to be performed. A certificate of competency holder must register with and obtain a license from the division as a certified elevator technician before constructing, installing, maintaining or repairing an elevator or as a certified elevator inspector before constructing, installing, maintaining, repairing or inspecting an elevator.

(a) Initial. The following items are required for an initial certificate of competency and must be received by the division before a certificate of competency may be issued:

1. DBPR HR-7014, Application for Certificate of Competency and Certified Elevator Technician Registration, (https://www.flrules.org/Gateway/reference.asp?No=Ref-09065) incorporated herein by reference and effective 2018 January;

2. The $50 fee; and,

3. One of the following:

a. Proof of a mechanical engineer license in good standing.

b. Proof of four (4) years experience constructing, maintaining, servicing and repairing elevators verified by letter from a registered elevator company on company letterhead that specifies the type of work performed or completed DBPR HR-5023-076 – Affidavit Verifying Elevator Work History for Certificate of Competency Applicants, (http://www.flrules.org/Gateway/reference.asp?No=Ref-12781) incorporated herein by reference and effective 2021 January, and one of the following:

(I) A copy of certificate of completion of the certificate of competency exam administered by the division or its designee. The examination must cover the construction, installation, maintenance, and repair of elevators and their associated parts. The applicant must pass the examination within two years of the date of application with a minimum score of 75%;

(II) Copy of certificate of completion of a registered elevator mechanics apprenticeship program as required in Section 399.01(16)(a)2.b., F.S.; or

(III) Copy of a current license or certification issued by a state or local U.S. jurisdiction with standards equal to or more stringent than Florida’s standards as required in Section 399.01(16)(a)2.c., F.S.

(b) Renewal. The division must receive proof of completion of eight (8) hours continuing education as described in Rule 61C-5.0085, F.A.C., and the $50 fee before a renewal certificate of competency may be issued.

(c) Expired certificates of competency become null and void on March 1 and are no longer renewable. Certificate of competency holders whose certificate becomes null and void must submit an initial application for a certificate of competency, including all documentation and fees required by paragraph (2)(a). A new certificate of competency will be issued upon receipt of all required documentation and fees.

(3) Certified Elevator Technician.

(a) The following items are required for initial registration and licensure as a certified elevator technician:

1. DBPR HR 7014, Application for Certificate of Competency and Certified Elevator Technician Registration; and,

2. Proof of general liability insurance coverage as described in paragraph (6)(a) or (6)(b).

(b) The following items are required to renew a certified elevator technician license registration:

1. A valid certificate of competency issued by the division; and

2. Proof of general liability insurance coverage as described in paragraph (6)(a) or (6)(b).

(4) Certified Elevator Inspectors.

(a) The following items are required for initial registration and licensure as a certified elevator inspector:

1. DBPR HR-7017, Application for Certified Elevator Inspector Registration, (https://www.flrules.org/Gateway/reference.asp?No=Ref-09066) incorporated herein by reference and effective 2018 January;

2. A copy of the registrant’s valid qualified elevator inspector credential issued by the American Society of Mechanical Engineers (ASME), or its accrediting bodies, in good standing at the time of application; and

3. Proof of general liability insurance coverage as described in paragraph (6)(a) or (6)(b).

(b) The following items are required to renew a certified elevator inspector license registration:

1. Proof of completion of the required continuing education as described in Rule 61C-5.0085, F.A.C.;

2. A copy of the registrant’s valid qualified elevator inspector credential issued by the ASME, or its accrediting bodies, that remained in good standing throughout the license year; and

3. Proof of general liability insurance coverage as described in paragraph (6)(a) or (6)(b).

(c) The division shall not renew a certified elevator inspector license registration if the qualified elevator inspector credential did not remain in good standing throughout the license year. Good standing means the qualified elevator inspector credential was not suspended, revoked, or otherwise disciplined by the issuing body, or allowed to expire or lapse.

(5) Registered Elevator Companies.

(a) The following items are required for initial registration and licensure as a registered elevator company:

1. Completed DBPR HR-7026, Application for Elevator Company Registration, (https://www.flrules.org/Gateway/reference.asp?No=Ref-09067) incorporated herein by reference and effective 2018 January;

2. Proof of general liability insurance coverage as described in paragraph (6)(c); and,

3. The name and certificate or license number of at least one employee who holds a current certificate of competency issued pursuant to Section 399.01(16), F.S., and subsection (2) of this rule, or who is a certified elevator inspector licensed by the division pursuant to Section 399.01(13), F.S., and subsection (4) of this rule.

(b) The following items are required to renew a registered elevator company license registration:

1. Proof of general liability insurance coverage as described in paragraph (6)(c); and,

2. The name and certificate or license number of at least one employee who holds a current certificate of competency issued pursuant to Section 399.01(16), F.S., and subsection (2) of this rule, or who is a certified elevator inspector licensed by the division pursuant to Section 399.01(13), F.S., and subsection (4) of this rule.

(6) General Liability Insurance Coverage.

(a) Certified elevator technicians and certified elevator inspectors performing work for a registered elevator company must be covered by general liability insurance in the minimum amounts of $100,000 per person and $300,000 per occurance.

(b) A certified elevator inspector or certified elevator technician who, independent of a registered elevator company, inspects, maintains, or repairs a vertical conveyance regulated under Chapter 399, F.S., must first have on file with the division a valid Certificate of Comprehensive General Liability Insurance evidencing coverage in the minimum amounts of $100,000 per person and $300,000 per occurrence.

(c) A registered elevator company must maintain general liability insurance coverage in the minimum amounts of $100,000 per person and $300,000 per occurance and file with the division a Certificate of Comprehensive General Liability Insurance indicating the minimum required coverage amounts.

(7) Copies of the forms incorporated within this section are available from the Division of Hotels and Restaurants Internet website at www2.myfloridalicense.com/elevator-safety/; by email to dhr.elevators@myfloridalicense.com; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013.

History

• Rulemaking Authority 399.01, 399.02, 399.10 FS. Law Implemented 399.01(12), 399.01(13), 399.01(14), 399.01(16), 399.17 FS. History–New 10-8-81, Amended 11-27-83, 2-19-84, Formerly 7C-5.07, Amended 4-11-91, Formerly 7C-5.007, Amended 2-2-94, 8-21-06, 1-3-12, 7-11-12, 5-10-18, 4-4-21.

Fla. Admin. Code R. 61C-5.008 Definitions

When used in this rule chapter, the following terms shall have these meanings:

(1) “Bureau” means the Bureau of Elevator Safety.

(2) “Course” means a course, seminar or other program of instruction approved by the department for the purpose of satisfying continuing education requirements established in Chapter 399, F.S.

(3) “Course hour” means fifty minutes of instruction, exclusive of breaks, recesses, or time not spent in instruction.

(4) “Course provider” means the person or entity approved by and registered with the department pursuant to this rule and who is responsible for conducting a course approved pursuant to this rule.

(5) “Course instructor” means the person appointed by the course provider to teach or otherwise lead an approved course.

(6) “Current satisfactory inspection” means an inspection completed by a certified elevator inspector on or after August 1 of the previous year that is the most recent annual inspection conducted and that contains no violations.

(7) “Direct supervision” means a certificate of competency holder supervising an elevator helper as set forth in Section 399.01(15), F.S., is within physical proximity of the person being directly supervised such that timely observation and evaluation of the work being performed is facilitated to ensure the work is completed in accordance with applicable statutory and administrative code requirements.

(8) “Major modification” as used in Section 399.02(9), F.S., means any change in the type of service, motion control, or operation control; any alteration to the controller or the firefighters’ emergency operation; or the addition of an elevator to an existing group of elevators as described in ASME A17.1, Section 8.7, as adopted by reference.

(9) “Replacement” as the term relates to alterations, means the removal of a device, component or subsystem in its entirety and installation of an equivalent device, component, or subsystem that performs in the same manner and does not:

(a) Require modification or a rating change to the existing equipment;

(b) Add new functionality;

(c) Violate any provision of Chapter 399, F.S., this rule, or the safety standards adopted in Rule 61C-5.001, F.A.C.; or

(d) Require inspection, tests, and independent witnessing in any section of the safety standards adopted in Rule 61C-5.001, F.A.C., other than Part 8 of ASME A17.1.

This definition does not include the replacement of any part classified as an alteration in Section 8.6.3.10, ASME A17.1, as adopted in Rule 61C-5.001, F.A.C.

(10) “Session” means each distinct occasion a course is conducted.

(11) “Syllabus” means a detailed outline of the course content to a level of detail that sufficiently demonstrates the relevance required by subsection 61C-5.0085(3), F.A.C.

History

• Rulemaking Authority 399.01, 399.02, 399.07 FS. Law Implemented 399.01, 399.02, 399.03, 399.061, 399.07 FS. History–New 11-9-06, Amended 1-18-12, 2-24-14, 8-14-16.

Fla. Admin. Code R. 61C-5.0085 Continuing Education Requirements

(1) Continuing Education Requirements.

(a) To renew a certificate of competency or a certified elevator inspector credential issued by the division pursuant to chapter 399, F.S., a person must submit, in addition to the other requirements specified in Rule 61C-5.007, F.A.C., proof of completion within the current annual licensure period of 8 hours of approved continuing education, including at least one course hour related to safety in elevator construction, alteration, modification, repair or maintenance.

(b) A person holding more than one individual credential issued by the division that requires continuing education need only complete a total of 8 hours of continuing education during each annual period, but must submit proof of completion of the continuing education with each application submitted to the division for renewal of the credentials.

(c) A person initially certified or registered by the division 180 days or more prior to the renewal deadline must complete 4 hours of approved continuing education as a condition of renewal.

(d) A person initially certified or registered by the division for less than 180 days prior to the renewal deadline need not complete any approved continuing education as a condition of renewal.

(e) Continuing education credit shall be granted to course instructors for the first presentation of a specific approved continuing education course or portion thereof, on an hour for hour basis, each annual licensure period. To obtain continuing education credit as a course instructor, the instructor must provide proof of completion of the course, must be identified as the instructor of the course on the sign-in sheet described in subparagraph (5)(a)5., and the certificate described in paragraph (5)(b), and must be listed on the sign-in sheet as an attendee.

(2) Course Provider Registration.

(a) Each course provider must register with the department to conduct courses that satisfy continuing education requirements of Chapter 399, F.S., by submitting DBPR Form HR 5023-017 Application for Course Provider Registration and Course Approval (https://www.flrules.org/Gateway/reference.asp?No=Ref-04376), incorporated herein by reference and effective 2014 March 25. Copies of this form are available from the Division of Hotels and Restaurants Internet website at www2.myfloridalicense.com/elevator-safety/; by email to dhr.elevators@myfloridalicense.com; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013. Each application for course provider registration must include application for approval of at least one course.

(b) Each course provider registration expires three years from the date of issue, and must be renewed prior to conducting any further courses intended to satisfy continuing education requirements of Chapter 399, F.S.

(c) A course provider must provide the department written notice of any changes to information contained in its most recent application for, or renewal of, course provider registration no later than 30 days after such a change.

(d) The department shall maintain a list of all approved continuing education course providers.

(e) Course provider registration is subject to the provider’s continued compliance with the minimum requirements set out in this rule. The department may conduct random audits of any registered provider to determine compliance and may audit any provider if it has reason to believe a provider is not in compliance with this section.

(f) The department shall deny, suspend, or revoke the registration of any course provider based on any of the following:

1. Obtaining or attempting to obtain registration or course approval through fraud, deceit, false statements, or misrepresentation of material facts, whether such statements or misrepresentations are made knowingly or negligently.

2. Failure to provide complete and accurate information in the initial application for registration or in any notification of change in information.

3. Failure to notify the department of a change in the information required in subsection (4) for registration of course providers.

4. Falsification of any records regarding the continuing education courses conducted by the course provider or the persons who attended the courses.

5. Failure to maintain any required records regarding the continuing education courses conducted by the course provider or the persons who attended the courses.

6. Failure to properly record attendance at any session of an approved course.

7. Failure to provide the department with copies of any document or other information required to be maintained by the course provider pursuant to this rule.

8. Advertising that a course is approved prior to the date approval is granted, or otherwise including false or misrepresentative information in advertising.

9. Participating in any activity designed or intended to circumvent or evade the requirements of Chapter 399, F.S., or the rules adopted by the department to implement that chapter.

10. Failure to include the course identification number assigned by the department in any advertisement, brochure, course completion certificate, or other marketing or instructional material.

(g) If a course provider’s registration is suspended or revoked, the course provider must cancel all sessions scheduled after the suspension or revocation takes effect and refund any fees associated with those sessions until such time as the course provider is restored to good standing.

(h) A course provider whose approval and registration are delinquent, expired, suspended or revoked may not conduct courses. Any courses conducted while a provider is delinquent, expired, suspended or revoked, will not satisfy the continuing education requirements of Chapter 399, F.S.

(3) Continuing Education Course Approval.

(a) To be approved as a course of continuing education for purposes of Chapter 399, F.S., and this rule, the course must provide technical or safety relevance to elevator construction, alteration, modification, repair or maintenance.

(b) The following subjects are relevant and provided as a guide. Courses submitted for approval need not encompass all these nor be limited to only these: elevator general theory and principles; plan and specification reading and interpretation; electrical codes; wiring and protection; wiring methods and materials; special occupancies and situations; life safety and Americans with Disabilities Act; current adopted elevator safety codes; inspectors manuals and structural considerations; wheelchair or accessibility lifts; OSHA Safety standards; periodic safety tests; or use of specialized tools and equipment.

(c) Continuing education courses will only be considered for approval when a registered course provider submits DBPR Form HR 5023-017 Application for Course Provider Registration and Course Approval to the department no less than 30 days prior to date the first session of the course is scheduled to be conducted. The application must include: total number of hours of the course; a syllabus that demonstrates topical relevance of the course and includes an accounting of time spent on each topic or subsection in increments of not less than a quarter hour; the name and qualifications of all instructors known at the time of the application; a sample roster; and a sample of the certificate provided upon completion of the course. The department may request additional information as necessary to consider the course for approval.

(d) The department shall assign each approved course a unique course identification number. Any course denied approval may be modified and resubmitted for approval.

(e) The department may not deny or withdraw approval for a course on the sole basis that another approved course provider conducts the same or similar course.

(f) Course approval is subject to continued compliance with the minimum requirements set out in this rule. The department may deny or withdraw approval of a course when the course, course instructor, or course provider fails to meet the requirements of this rule.

(g) Continuing education courses may be conducted through interactive distance learning so long as the course has been approved by the department and complies with all requirements in this subsection.

1. For the purpose of this rule, “interactive distance learning” means the delivery of an approved course via the internet or other interactive electronic media. Such training must be interactive, providing for the exchange of information at regular intervals to promote student involvement, and must provide for the evaluation, monitoring, and verification of course content and completion. Interactive distance learning programs must require the student to complete and submit a statement at the end of the course that the student personally completed each module of instruction.

2. The course provider is responsible for verifying student identification upon each log-in and at regular intervals, and ensuring that one student registration cannot be used to complete the course more than one time. Student identification verification may be based upon information obtained at the time of registration.

3. Each course provider must notify the department in writing that it will provide the training program through interactive distance learning. Such notification must include the course provider name, the course identification number assigned by the department, the form of interactive electronic media utilized, the internet address for the course, if applicable, and the name and qualifications of the course instructor responsible for ensuring the course material remains relevant.

(h) The course provider must notify the department in writing of any changes to the information required by paragraphs (c) and (g) of this subsection within 30 days of such change.

(i) The department may conduct random reviews of any approved course, including interactive distance learning courses, to determine compliance and may audit any course if it has reason to believe the course is not in compliance with this rule.

(4) Course Instructor Qualifications. Course instructors must be affiliated with a registered course provider and possess education and experience that qualifies the instructor to teach the course or parts of the course to which he or she is assigned. The course provider is responsible for verifying course instructors’ qualifications.

(a) Course instructors must possess five years experience in the construction, alteration, modification, maintenance or repair of elevators, and one of the following:

1. Possession of a certificate of competency issued by and in good standing with the division;

2. Current certification in good standing under the American Society of Mechanical Engineers standards as a qualified elevator inspector; or

3. Proof of registration, licensure or certification in the elevator trade by a United States authority having jurisdiction, to standards substantially equal to or more stringent than those of Chapter 399, F.S.

(b) A licensed, certified or registered contractor or engineer having five years experience in the elevator industry and whose license, certification, or registration is in good standing may teach a course within the scope of his or her license, certification, or registration.

(5) Records Required of Course Providers.

(a) The course provider must maintain records for each session of courses it conducts for the purpose of satisfying continuing education requirements established in Chapter 399, F.S., and provide any of these required records upon request by the department. Such records must be maintained for three years, and contain the following:

1. The time, dates and address of each course session.

2. The name, address and qualifications of any instructor teaching any portion of a course session.

3. The syllabus of each course, which must be provided to each attendee.

4. The name, address and department certification or registration number and type for each person that completed a course session, regardless of whether a fee is charged.

5. The original sign-in sheet used on-site to record attendance for each course session, which must include: the course identification number assigned by the department, time, date and address of the course session; the attendee’s printed name, signature, and certification or registration number issued by the division; and number of course hours the attendee completed. The sign-in sheet must prominently bear the following statement above the attendees’ information: “By affixing my name and/or signature and/or mark to this document, I attest and certify that I am correctly and accurately identified herein as the person attending this continuing education course session.” The sign-in sheet must also bear the following statement: “I attest the information recorded herein is true and accurate” above the signature of the instructor and the printed names of the course provider and instructor.

6. The student registration for each course session completed through interactive distance learning, which must include: the course identification number assigned by the department, time and date of the course session, the attendee’s name and certification or registration number issued by the division, and number of course hours the attendee completed. The registration must prominently bear the following statement above the attendees’ information: “By affixing my name and/or signature and/or mark to this document, I attest and certify that I am correctly and accurately identified herein as the person attending this continuing education course session.”

(b) Upon completion of a course, each attendee shall receive from the course provider a certificate measuring 8 1/2ꞌꞌ inches by 11ꞌꞌ inches, displaying the following: the time and date of the course session; name of the course; number of course hours attended; the course provider’s name and provider number assigned by the department; the course instructor’s name and signature, and the course identification number assigned by the department.

(c) A course provider must submit to the department a copy of the sign-in sheet within 30 days of the completion of the course. For interactive distance learning courses, the course provider must submit the student registration of those individuals successfully completing the course by the fifth of the month following the calendar month in which the course was completed. The required documentation may be submitted via email to dhr.elevators@myfloridalicense.com or via mail to Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013.

(6) Advertising Continuing Education Courses.

(a) A course provider may not advertise a course as approved by the department until such approval is granted.

(b) A course provider may not misrepresent or include false or misleading information regarding the contents, instructors or number of hours of any course approved under this rule.

(c) The course provider must include the course identification number assigned by the department in any advertising used in connection with the course, and any other materials used in connection with the course including but not limited to the syllabus or other instructional materials.

(d) Use of the state seal, department logo, or any representation of division endorsement other than provider registration and course approval is prohibited.

History

• Rulemaking Authority 399.01, 399.02, 399.10 FS. Law Implemented 399.01(16), 399.17 FS. History–New 11-9-06, Amended 9-26-11, 2-24-14, 8-26-14.

Fla. Admin. Code R. 61C-5.009 Venting of Hoistways, Minimum Requirements

History

• Rulemaking Authority 399.10 FS. Law Implemented 399.02 FS. History–New 7-12-83, Formerly 7C-5.09, Amended 11-1-87, 10-31-88, Formerly 7C-5.009, Amended 2-2-94, 4-2-08, Repealed 4-18-12.

Fla. Admin. Code R. 61C-5.011 Alterations to Electric and Hydraulic Elevators and Escalators

History

• Rulemaking Authority 399.10 FS. Law Implemented 399.02 FS. History–New 2-11-92, Formerly 7C-5.011, Amended 8-1-96, 10-4-00, 4-2-08, Repealed 4-18-12.

Fla. Admin. Code R. 61C-5.013 Service Maintenance Contracts, Reporting Requirements; and Maintenance Control Programs

(1) A service maintenance contract as defined by Section 399.01(10), F.S., must include routine examinations and periodic safety tests and meet the following minimum requirements:

(a) Routine examinations and periodic safety tests must follow the procedures established by the safety standards adopted in Rule 61C-5.001, F.A.C.

(b) Routine examinations shall be performed at least annually. Category 1 periodic safety tests, as defined in ASME A17.1, as adopted by reference in Rule 61C-5.001, F.A.C., shall be performed annually. Category 5 periodic safety tests, as defined in ASME A17.1, as adopted by reference in Rule 61C-5.001, F.A.C., shall be performed every five years. Routine examinations and periodic safety tests must be performed by a certified elevator technician or certified elevator inspector.

(c) The registered elevator company must make a written performance record indicating the date or dates of routine examinations and required testing. This performance record must be maintained in the elevator machine room and, available for review by the division or its contractual designees.

(2)(a) The owner or lessee, when owner responsibilities are specifically assigned by lease, must verify the existence of a valid service maintenance contract on a two-stop elevator or other conveyance in order for the elevator to qualify for the annual inspection exemption under Section 399.061(1), F.S. Annual verification is required to renew the certificate of operation without obtaining a current satisfactory inspection. Verification must be submitted to the division through the owner’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, Verification of Service Maintenance Contract (https://www.flrules.org/Gateway/reference.asp?No=Ref-02989), adopted herein by reference and effective July 9, 2013, or a written document providing the same information. Copies of this form are available from the Division of Hotels and Restaurants website at www2.MyFloridaLicense.com/elevator-safety/; by email to dhr.elevators@myfloridalicense.com; by phone request to the department at (850)487-1395; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013.

(b) The registered elevator company holding a service maintenance contract for a two-stop elevator or other conveyance may, upon the owner’s request, verify the existence of a valid service maintenance contract. Verification must be submitted through the elevator company’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, Verification of Service Maintenance Contract or a written document providing the same information. The owner or lessee retains responsibility for ensuring the division receives either the annual verification or annual inspection required to renew a certificate of operation.

(3) The owner or lessee, when owner responsibilities are specifically assigned by lease, of a two-stop elevator or other conveyance not requiring an annual inspection pursuant to Section 399.061(1)(a), F.S., must notify the division within 30 days of cancellation or expiration of the service maintenance contract. Notification must be submitted to the division through the owner’s or lessee’s online account located on the department’s website, or by submitting DBPR Form HR 5023-060, Verification of Service Maintenance Contract or a written document providing the same information. Notification is not required if the service maintenance contract is renewed or a new contract is executed within 30 days of cancellation or expiration and proper annual verification of the new or renewed service maintenance contract is submitted as required for license renewal.

(4) The owner or lessee, when owner responsibilities are specifically assigned by lease, of a two-stop elevator or other conveyance not requiring an annual inspection pursuant to Section 399.061(1)(a), F.S., must notify the division in writing within 30 days of transfer of ownership of the service maintenance contract.

(5) The owner or lessee, when owner responsibilities are specifically assigned by lease, must have a maintenance control program in compliance with 8.6.1.2 of ASME A17.1, as adopted by reference in Rule 61C-5.001, F.A.C.

(6) Written verifications and notifications shall be mailed to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013, or emailed to dhr.elevators@myfloridalicense.com.

History

• Rulemaking Authority 399.02, 399.061, 399.10 FS. Law Implemented 399.01, 399.061 FS. History–New 2-2-94, Amended 10-4-00, 4-2-08, 9-10-13.

Fla. Admin. Code R. 61C-5.016 Elevator Safety Technical Advisory Council

History

• Rulemaking Authority 399.1061 FS. Law Implemented 399.10, 399.1061 FS. History–New 10-19-04, Repealed 7-26-23.

Fla. Admin. Code R. 61C-5.018 Variances

(1) The division may grant variances from rule requirements when the applicant demonstrates the existence of a substantial hardship, as defined in Section 120.542(2), F.S.

(2) Variance requests must be submitted by petition as described in Section 120.542, F.S., and rules adopted thereunder. The division provides DBPR Form HR 5023-018, Petition for Variance from Rule, (https://www.flrules.org/Gateway/reference.asp?No=Ref-13538) incorporated herein by reference and effective September 2021, as an optional petition for variance. A copy of DBPR Form HR 5023-18 is available on the Division of Hotels and Restaurants website at www2.MyFloridaLicense.com/elevator-safety/; by email to dhr.elevators@myfloridalicense.com; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013. Each variance request must include the license number for the conveyance, and supportive materials and documents providing the information necessary for rendering a decision. A license number must be obtained from the division before a variance will be granted for new installations. The applicant is responsible for demonstrating a substantial hardship exists and presenting facts relevant to and supportive of the variance request.

(3) Upon consideration of the merits of each variance request, the director or designee must either grant a variance, as requested, or deny the variance request.

(4) The owner or lessee of an elevator which has a variance approved by the division is responsible for maintaining a copy of the approved variance in the machine room at the physical location of the elevator and available for review during an elevator inspection.

History

• Rulemaking Authority 399.02, 399.10 FS. Law Implemented 399.02 FS. History–New 1-18-12, Amended 12-28-15, 11-25-21.

Fla. Admin. Code R. 61C-5.020 Disciplinary Guidelines

(1) This rule sets out the disciplinary guidelines for imposing penalties upon elevator owners or operators, elevator companies, elevator inspectors, elevator technicians, or certificate of competency holders guilty of violating Chapter 399, F.S. The purpose of this rule is to notify licensees and other persons under the jurisdiction of Chapter 399, F.S., of the standard range of penalties routinely imposed unless the department finds it necessary to deviate from the standard penalties for the reasons stated within this rule.

(2) These disciplinary guidelines are descriptive in nature and do not use the language used to formally allege a violation in a specific case. This rule is not intended to specifically describe all possible violations of law that may be committed by a licensee or certificate holder and that may be subject to penalty imposed by the department.

(3) The department may impose penalties against a licensee or certificate holder for a specific violation not included in the language of this rule. If a specific violation is not included in the language of this rule, the department shall impose a penalty corresponding to the most similar violation listed in this rule.

(4) These disciplinary guidelines do not limit the department’s authority to order a licensee or certificate holder to cease and desist from any unlawful practice or other administrative action authorized by law.

(5) Definitions. For the purpose of this rule, a citation issued under Section 399.16, F.S., and Rule 61C-5.023, F.A.C., constitutes a disciplinary Final Order.

(a) “First offense” means a violation of any law subject to penalty under Chapter 399, F.S., when no disciplinary Final Orders involving the same licensee or certificate holder have been filed with the Agency Clerk within the 24 months preceding the date the current administrative complaint is issued.

(b) “Second offense” means a violation of any law subject to penalty under Chapter 399, F.S., after one disciplinary Final Order involving the same law and the same licensee or certificate holder have been filed with the Agency Clerk within the 24 months preceding the date the current administrative complaint is issued.

(c) “Third and any subsequent offense” means a violation of any law subject to penalty under Chapter 399, F.S., after two or more disciplinary Final Orders involving the same law and the same licensee or certificate holder have been filed with the Agency Clerk within the 24 months preceding the date the current administrative complaint is issued.

(6) Standard penalties. This section specifies the penalties routinely imposed for violations of law subject to a penalty under Chapter 399, F.S. If the same ASME code is cited multiple times on the same elevator during a single inspection, the multiple code violations shall be considered one violation for the purpose of the administrative complaint and penalties.

VIOLATION

PENALTY RANGE

MINIMUM

MAXIMUM

(a) Making a false statement as to a material matter in an application for registration, certification, or any permit or certificate issued under Chapter 399, F.S.

(Section 399.049(1)(a), F.S.)

First offense

$250 fine

$500 fine, suspension or revocation

Second offense

$500 fine

$1,000 fine, suspension or revocation

Third and any subsequent offense

$750 fine or suspension

$1,000 fine and suspension or revocation

(b) Fraud, misrepresentation, or bribery in the practice of the profession.

(Section 399.049(1)(b), F.S.)

First offense

$250 fine

$500 fine, suspension or revocation

Second offense

$500 fine

$1,000 fine, suspension or revocation

Third and any subsequent offense

$750 fine or suspension

$1,000 fine and suspension or revocation

(c) Failure by a certified elevator inspector to provide the department and the certificate of operation holder with a copy of the inspection report within five days after the date of any inspection performed after the initial certificate of operation is issued.

(Section 399.049(1)(c), F.S.)

First offense

$250 fine

$500 fine

Second offense

$500 fine

$1,000 fine

Third and any subsequent offense

$750 fine or suspension

$1,000 fine and suspension or revocation

(d) Violation of any provision of Chapter 399, F.S., not otherwise identified in this subsection.

(Section 399.049(1)(d), F.S.)

First offense

$250 fine

$500 fine

Second offense

$500 fine

$1,000 fine or suspension

Third and any subsequent offense

$750 fine or suspension

$1,000 fine, suspension, or revocation

(e) Failure by a certified elevator inspector to maintain his or her qualified elevator inspector credential in good standing.

(Section 399.049(1)(e), F.S.)

First offense

Revocation

Revocation

Second offense

Revocation

Revocation

Third and any subsequent offense

Revocation

Revocation

(f) Having a license to install, inspect, maintain, or repair any vertical conveyance revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or county.

(Section 399.049(1)(f), F.S.)

First offense

The usual penalty shall be commensurate with the penalty imposed by the other jurisdiction or a penalty consistent with these guidelines for the underlying offense committed in the other jurisdiction. Fines shall not exceed $1,000.

The usual penalty shall be commensurate with the penalty imposed by the other jurisdiction or a penalty consistent with these guidelines for the underlying offense committed in the other jurisdiction. Fines shall not exceed $1,000.

Second offense

The usual penalty shall be commensurate with the penalty imposed by the other jurisdiction or a penalty consistent with these guidelines for the underlying offense committed in the other jurisdiction. Fines shall not exceed $1,000.

The usual penalty shall be commensurate with the penalty imposed by the other jurisdiction or a penalty consistent with these guidelines for the underlying offense committed in the other jurisdiction. Fines shall not exceed $1,000.

Third and any subsequent offense

The usual penalty shall be commensurate with the penalty imposed by the other jurisdiction or a penalty consistent with these guidelines for the underlying offense committed in the other jurisdiction. Fines shall not exceed $1,000.

The usual penalty shall be commensurate with the penalty imposed by the other jurisdiction or a penalty consistent with these guidelines for the underlying offense committed in the other jurisdiction. Fines shall not exceed $1,000.

(g) Engaging in fraud or deceit, negligence, incompetency, or misconduct in the practice of the profession.

(Section 399.049(1)(g), F.S.)

First offense

$250 fine

$1,000 fine

Second offense

$500 fine

Suspension or Revocation

Third and any subsequent offense

$1,000 fine or suspension

Revocation

(h) Commencing the installation, relocation, or alteration of any elevator for which a permit is required by Chapter 399, F.S., without having obtained from the department the permit.

(Section 399.03(1), F.S.)

First offense

$250 fine

$250 fine

Second offense

$500 fine

$500 fine

Third and any subsequent offense

If violation committed by a license, registration, or certificate holder, $1,000 fine or suspension.

Otherwise, $1,000 fine

If violation committed by a license, registration, or certificate holder, suspension or revocation.

Otherwise, $1,000 fine

(i) Allowing the operation of any elevator for which a certificate is required by Chapter 399, F.S., without having obtained from the department the certificate.

(Section 399.07(5), F.S.)

First offense

$250 fine

$250 fine

Second offense

$500 fine

$500 fine

Third and any subsequent offense

$1,000 fine

$1,000 fine

(j) Allowing the operation of an elevator with an expired certificate of operation.

(Section 399.07(1), F.S.)

First offense

$250 fine

$250 fine

Second offense

$500 fine

$500 fine

Third and any subsequent offense

$1,000 fine

$1,000 fine

(k) Allowing the temporary operation of an elevator without having obtained from the department a temporary operating permit.

(Section 399.03(10), F.S.)

First offense

$250 fine

$250 fine

Second offense

$500 fine

$500 fine

Third and any subsequent offense

$1,000 fine

$1,000 fine

(l) Performing or offering to perform the inspection, construction, installation, maintenance, or repair of any elevator unless such person holds an active certification under Chapter 399, F.S.

(Section 399.01(13) or 399.01(14), F.S.)

First offense

$250 fine

$500 fine

Second offense

$500 fine

$1,000 fine

Third and any subsequent offense

If violation committed by a license, registration, or certificate holder, $1,000 fine or suspension. Otherwise, $1,000 fine

If violation committed by a license, registration, or certificate holder, suspension or revocation. Otherwise, $1,000 fine

(m) Employing persons to construct, install, inspect, maintain, or repair any elevator unless such business holds an active registration under Chapter 399, F.S.

(Section 399.01(12), F.S.)

First offense

$250 fine

$500 fine

Second offense

$500 fine

$1,000 fine

Third and any subsequent offense

$750 fine

$1,000 fine

(n) Violating a provision of Section 399.105, F.S.

First offense

$250 fine

$500 fine

Second offense

$500 fine

$1,000 fine

Third and any subsequent offense

$750 fine

$1,000 fine

(o) Failing to report any accident occurring in or upon any elevator within 5 working days.

(Section 399.125, F.S.)

First offense

$250 fine

$500 fine

Second offense

$500 fine

$1,000 fine

Third and any subsequent offense

$750 fine

$1,000 fine

(7) Aggravating or mitigating factors.

The department may deviate from the standard penalties in this section, based upon the consideration of aggravating or mitigating factors present in a specific case. The department shall consider the following aggravating and mitigating factors in determining the appropriate disciplinary action to be imposed and in deviating from the standard penalties:

(a) Aggravating factors.

1. Possible danger to the public.

2. Severity of violations in the current administrative complaint.

3. The current administrative complaint alleges a violation for obstruction of division personnel.

4. Actual physical damage or bodily harm caused to persons or property by the violation.

5. Any other aggravating factors, as relevant under the circumstances.

(b) Mitigating factors.

1. Violation resulted from a natural disaster, civil disturbance or other emergency situation.

2. Length of time since the violation occurred.

3. Attempts by the licensee to correct the violation.

(8) Terms of license suspensions resulting from multiple violations or Final Orders shall be applied consecutively, not concurrently.

(9) Fines resulting from multiple violations or Final Orders shall be assessed cumulatively.

(10) Notwithstanding subsection (6), license revocation may be recommended for any case or for any violation when the aggravating circumstances and compliance history present a significant threat to public safety.

History

• Rulemaking Authority 399.02, 399.10, 455.2273 FS. Law Implemented 399.049, 399.105, 399.125 FS. History–New 2-27-13.

Fla. Admin. Code R. 61C-5.023 Citations

(1) Upon a determination of probable cause, the division will issue a citation for:

(a) Operating an elevator without a valid temporary operating permit as required under Chapter 399, F.S., or performing activity requiring a permit, certificate, or license without a valid permit, certificate, or license.

(b) Operating an elevator without a valid certificate of operation.

(2) The division will determine probable cause exists when personal observation or investigation by the division provides facts to support a reasonable belief that the violation has occurred.

(3) The citation must be issued using DBPR Form HR 5023-059, Disciplinary Citation and Stop Work Order, (http://www.flrules.org/Gateway/reference.asp?No=Ref-13221) incorporated herein by reference and effective June 2021. The citation will constitute a stop work order only when issued under paragraph (1)(a). A sample copy of this form is available from the Division of Hotels and Restaurants Internet website at www2.MyFloridaLicense.com/elevator-safety/; by email to dhr.elevators@myfloridalicense.com; or upon written request to the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, 2601 Blair Stone Road, Tallahassee, Florida 32399-1013.

(4) The citation must contain a brief factual statement of the activity engaged in; the section of law allegedly violated; the penalty imposed; instructions on how to pay the citation; and a statement that, in lieu of accepting and paying the citation, the subject may choose to dispute the citation and proceed with an administrative hearing in accordance with Sections 120.569 and 120.57, F.S. The citation must be issued to a natural person, elevator owner, or elevator company and contain the following information, if available or applicable:

(a) Subject’s full name and date of birth;

(b) Subject’s division-issued license number or registration number, whether current or expired, or subject’s drivers license number or any other identifying information;

(c) Subject’s last known address and telephone number; and,

(d) Notification that the citation is issued as a stop work order.

(5) The citation must be served upon the subject by personal service or by certified mail. When the division issues DBPR Form HR 5023-059 as a stop work order, the activity identified on the citation must immediately stop upon receipt of the citation.

(6) Definitions.

(a) “First citation” means a citation issued when no prior citation involving the same subject for violations of paragraph (1)(a), or the same elevator for violations of paragraph (1)(b), has become or resulted in a Final Order within the 24 months preceding the date the current citation is issued.

(b) “Second citation” means a citation issued when one prior citation involving the same subject for violations of paragraph (1)(a), or the same elevator for violations of paragraph (1)(b), has become or resulted in a Final Order within the 24 months preceding the date the current citation is issued and the current violation is the same as a previous violation.

(c) “Third citation” means a citation issued when two prior citations involving the same subject for violations of paragraph (1)(a), or the same elevator for violations of paragraph (1)(b), have become or resulted in a Final Order within the 24 months preceding the date the current citation is issued and the current violation is the same as a previous violation.

(d) “Fourth and any subsequent citation” means a citation issued when three or more prior citations involving the same subject for violations of paragraph (1)(a), or the same elevator for violations of paragraph (1)(b), have become or resulted in a Final Order within the 24 months preceding the date the current citation is issued and the current violation is the same as a previous violation.

(7) A citation issued under paragraph (1)(a), will result in the following fines:

(a) Erecting, constructing, installing, altering, or relocating an elevator without obtaining a permit, in violation of Section 399.03(1), F.S., will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation.

(b) Operating an elevator or allowing an elevator to operate for temporary use during installation or alteration without a valid temporary operating permit, in violation of Section 399.03(10), F.S., will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation.

(c) Performing work that requires licensure as an elevator inspector without a license or with an expired license, in violation of Section 399.17, F.S., will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation.

(d) Performing work that requires licensure as an elevator technician without a license or with an expired license, in violation of Section 399.01(14), F.S., will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation.

(e) Employing persons to construct, install, inspect, maintain, or repair any vertical conveyance without a license, in violation of Section 399.01(12), F.S., will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation.

(8) A citation issued under paragraph (1)(b) will result in a fine of $250 for the first citation, $500 for the second citation, $750 for the third citation, and $1,000 for the fourth and any subsequent citation. Citations issued under paragraph (1)(b) may be dismissed if a valid certificate of operation has been obtained before the citation becomes a final order.

(9) The subject has 30 days from the date the citation is served to accept the citation or request a hearing pursuant to Chapter 120, F.S., in writing. If a hearing is requested, any resulting penalty shall be assessed according to this rule. If the subject does not request a hearing within 30 days after the date the citation is served, the citation will become a final order.

(10) Violations that are not corrected within 90 days of the date the citation has been served will result in the issuance of a new citation for a subsequent offense of the same violation.

(11) All fines are due and payable within 30 days of the date the citation becomes a final order. All fine payments are to be made payable to the Division of Hotels and Restaurants.

(12) The division will approve an installment payment plan for up to 5 months for fines imposed by a citation if the fines impose a financial hardship. An installment payment plan must be requested within 30 days of the date the citation becomes a final order.

(13) Once the citation becomes a final order, it will be filed in accordance with procedures established for the filing of final orders by the department.

History

• Rulemaking Authority 399.16 FS. Law Implemented 399.105, 399.16 FS. History–New 1-10-12, Amended 6-17-15, 9-1-21.

Fla. Admin. Code R. 61C-5.025 Hydraulic Supply Shut-off Valves

Hydraulic supply shut-off valves known as “knock-style valves” do not comply with the safety requirements in ASME A17.1 and ASME A17.3, as adopted in Rule 61C-5.001, F.A.C., and referenced in the Florida Building Code. The division hereby determines that any elevator containing this type of valve is in violation of the Florida Building Code. Certified elevator inspectors must cite this violation and elevator owners must correct the violation to obtain a current satisfactory inspection.

History

• Rulemaking Authority 399.02, 399.10 FS. Law Implemented 399.001, 399.061 FS. History–New 7-5-12.

Chapter 61C-8 HOSPITALITY TRAINING PROGRAMS GRANTS

Fla. Admin. Code R. 61C-8.004 Program Requirements

(1) School-to-Career Transition Program Grant Application Requirements. Pursuant to Section 509.302, F.S., the division may award four-year school-to-career transition program grants to nonprofit statewide organizations representing the hospitality industry of this state.

(a) The application cycle will begin on January 1 and end on March 1. Applications and all supplemental materials must be received by the division by the close of business on March 1 to be considered in the grant recipient selection process.

(b) Grant applications shall be submitted on DBPR Form HR 5025-200, GRANT APPLICATION, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00659) incorporated herein by reference and effective 2009 October 1, 2016, to the Hospitality Education Program, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.

(c) All grant applications must address the applicant’s experience and history in representing the hospitality industry; demonstrated ability to provide services statewide with industry support and participation; and prior commitment to school-to-career transition programs in the hospitality industry. All applications must also address and identify how the recipient intends to demonstrate compliance with the following criteria:

1. Provide hospitality education opportunities for high school (or equivalent) students in the public school system;

2. Provide school-to-career transition opportunities to prepare students to be recruited, trained or employed for a career in the hospitality industry;

3. Provide education about progressive career options describing opportunities for professional advancement in the hospitality industry;

4. Provide opportunity for students to receive certification in an area of the hospitality industry. Certification means documentation that the student has successfully completed requirements in a specific area of the hospitality industry and in accordance with the goals established by the program awarded grant funds. All certifications must be completed through programs established and recognized in the State of Florida, hospitality-industry-sponsored programs, or national certification programs, such as Certified Professional Food Manager, food service employee food handler certification, or apartment manager certification;

5. Provide a description of the objectives of the grant and the methodology to assess the achievement of certification objectives;

6. Provide an emphasis on spending grant funds on direct student services;

7. Provide or possess the capability to provide value beyond the grant term;

8. Identify potential methods and sources for acquiring independent funding beyond the grant term to finance the continued operation of the program, provided the program is designed to be continued; and

9. Provide the program services for the full four-year grant term.

(d) All grant recipients must have a functional advisory committee to assist in the development and operation of the grant-funded program. The advisory committee must include three or more hospitality industry professionals related to the sector of industry addressed by the training program, of which at least one shall not be employed by the grant recipient or any of its affiliates. The committee members must have agreed in writing to serve in this capacity.

(e) The application must be accompanied by DBPR Form HR 5025-201, PROPOSAL NARRATIVE FORMAT, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00660) incorporated herein by reference and effective May 20, 2010.

(f) All materials developed through the grant recipient’s program become the property of the Hospitality Education Program.

(2) Review and Processing of Grant Applications.

(a) The division shall receive, process, determine application completeness, and evaluate the grant applications.

(b) DBPR Form HR 5025-206, EVALUATION FORM, (http://www.flrules.org/Gateway/reference.asp?No=Ref-06534) incorporated herein by reference and effective March, 2016, shall be used by all reviewers to evaluate all school-to-career transition program grant applications submitted.

(c) The division shall provide the Hotels and Restaurants Advisory Council (advisory council) a copy of each grant application received and a list of prioritized programs with recommended funding levels by March 31 of each application cycle.

(d) The advisory council will meet to evaluate the applications and forward its recommendations to the division director. Any member of the advisory council who is also an applicant or an employee or paid representative of an applicant shall abstain from the advisory council’s evaluation, recommendation, and vote regarding grant applications. The final determination of grant awards shall be made by the secretary of the department. Grant recipients shall be notified by May 1.

(3) Program Review and Disbursement of Funds.

(a) The applicant shall ensure that the terms of the grant contract executed under this chapter are enforced.

(b) The division reserves the right to review programs for grant contract compliance at any time during the grant period. This review shall focus on the completion of stated tasks within the approved timetable, fulfillment of stated goals and objectives, and proper expenditure of grant monies.

(c) Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds and shall make these records available for inspection, review or audit by the division and other authorized personnel. Records shall be kept for a period of at least 5 years following the end of the grant period. All grant funds will be subject to state audit requirements.

(d) Grant funds shall be distributed quarterly, consistent with the terms of the grant proposal and contract. An amendment to the grant shall be approved, so long as such amendment does not change the scope of the grant or create a substantial deviation from the original proposal.

(e) All aspects of the grant-funded program shall comply with Chapter 509, Part I, F.S., and the rules adopted thereunder.

(f) Written status reports shall be submitted as indicated on the grant application, but not more than 60 days following the end of each quarter, using DBPR Form HR 5025-202, QUARTERLY STATUS REPORT FORM, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00662) incorporated herein by reference and effective 2009 October 1. Quarterly requests for payment shall be submitted with the status reports. Such requests shall contain an invoice requesting payment and a detailed accounting of quarterly expenditures. Payment requests for expenditures accrued during the first quarter of the grant period shall include only those expenditures accrued on or after July 1 or the date of grant contract execution, whichever is later. All other payment requests shall contain only those expenditures accrued during the previous quarter.

(4) Annual Program Reports. An annual report shall be submitted within 60 days following the end of each state fiscal year and the grant period using DBPR Form HR 5025-203, ANNUAL PROGRAM REPORT FORM, (http://www.flrules.org/Gateway/reference.asp?No=Ref-00663) incorporated herein by reference and effective October 1, 2009.

(5) Obtaining forms. All forms incorporated in this section are available from the Division of Hotels and Restaurants Internet website www2.MyFloridaLicense.com/hotels-restaurants; by email request submitted to www2.MyFloridaLicense.com/DBPR/contact-us; by phone request to the department at (850)487-1395; or upon written request to the Hospitality Education Program, Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.

History

• Rulemaking Authority 509.032, 509.302 FS. Law Implemented 509.302 FS. History–New 2-27-92, Amended 8-11-92, Formerly 7C-8.004, Amended 3-31-94, 9-25-96, 1-18-98, 5-7-08, 12-29-11, 4-25-16.

Division 61D Division of Pari-Mutuel Wagering

Chapter 61D-2 ENFORCEMENT

Fla. Admin. Code R. 61D-2.001 General Definitions

History

• Rulemaking Authority 550.0251(3), (5), (8)(b), 550.105(2)(b), 550.155(1), 550.1815(5), 550.2415(13), 550.2625(2)(d), 550.3551(10), 550.3615(5), 550.495(2)(a), (4), 550.6305(5) FS. Law Implemented 550.0251, 550.054, 550.105, 550.155, 550.1815, 550.2415, 550.2625, 550.3551, 550.3615, 550.495, 550.6305 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Transferred to 75-2.001.

Fla. Admin. Code R. 61D-2.002 Toe Grabs

History

• Rulemaking Authority 550.0251 FS. Law Implemented 550.0251(3), (11) FS. History–New12-30-08, Transferred to 75-2.002.

Fla. Admin. Code R. 61D-2.003 Knowingly Interfering With Division Duties

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New 6-12-97, Transferred to 75-2.003.

Fla. Admin. Code R. 61D-2.004 Wagering Prohibitions

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b) FS. Law Implemented 550.0251, 550.105, 550.235, 550.3615 FS. History–New 10-20-96, Amended 4-12-06, Transferred to 75-2.004.

Fla. Admin. Code R. 61D-2.005 Violations

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New 6-12-97, Amended 4-12-06, Transferred to 75-2.005.

Fla. Admin. Code R. 61D-2.006 Electrical or Mechanical Device Prohibition

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b) FS. Law Implemented 550.0251, 550.105, 550.235 FS. History–New 10-20-96, Amended 4-12-06, Transferred to 75-2.006.

Fla. Admin. Code R. 61D-2.007 Deadly Weapon Prohibition for Licensees

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New 10-20-96, Repealed 10-27-98.

Fla. Admin. Code R. 61D-2.008 Pre-meet Report Required

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b) FS. Law Implemented 550.01215, 550.0251 FS. History–New 10-20-96, Amended 4-12-06, Repealed 1-4-12.

Fla. Admin. Code R. 61D-2.009 Ineligible or Disqualified Jai Alai Player or Racing Animal

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b), 550.2415(7)(a), (12) FS. Law Implemented 550.0251, 550.105, 550.235 FS. History–New 10-20-96, Amended 4-12-06, 6-26-11, Transferred to 75-2.009.

Fla. Admin. Code R. 61D-2.010 Photofinish Camera and Video Tape Requirement

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251, 550.155, 550.2625 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Transferred to 75-2.010.

Fla. Admin. Code R. 61D-2.011 Post Position Drawing Requirement

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New 6-12-97, Amended 5-31-06, Transferred to 75-2.011.

Fla. Admin. Code R. 61D-2.012 Racing Animal Identification

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b) FS. Law Implemented 550.0251, 550.235 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Transferred to 75-2.012.

Fla. Admin. Code R. 61D-2.014 Training Prohibited

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New 10-20-96, Repealed 10-27-98.

Fla. Admin. Code R. 61D-2.015 Lease Disclosure Requirement

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New 10-20-96, Repealed 10-27-98.

Fla. Admin. Code R. 61D-2.016 Altered Identification Exclusion

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251, 550.235 FS. History–New 10-20-96, Repromulgated 4-12-06, Transferred to 75-2.016.

Fla. Admin. Code R. 61D-2.017 Owning of Racing Animals Prohibited

History

• Rulemaking Authority 550.0251(3), 550.105(4)(b), (9) FS. Law Implemented 550.0251, 550.105, 550.235 FS. History–New 10-20-96, Repealed 12-15-97.

Fla. Admin. Code R. 61D-2.018 Pooling of Prize Money in Jai Alai Prohibited

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251, 550.105, 550.235 FS. History–New 10-20-96, Repromulgated 4-12-06, Repealed 1-4-12.

Fla. Admin. Code R. 61D-2.019 Starting Time Notice Requirement

History

• Rulemaking Authority 550.01215(4), 550.0251(3), 550.105(2)(c), (4)(b) FS. Law Implemented 120.80, 550.01215, 550.0251, 550.1155 FS. History–New 10-20-96, Repealed 1-4-12.

Fla. Admin. Code R. 61D-2.020 Pari-Mutuel Wagering Racing and Game Officials

History

• Rulemaking Authority 550.0251(3), (11), 550.105(2)(c), (4)(b), (9), 550.2415(13), 550.2625(2)(d) FS. Law Implemented 550.0251, 550.09514, 550.105, 550.235, 550.2415, 550.2625 FS. History–New 10-20-96, Amended 12-15-97, Transferred to 75-2.020.

Fla. Admin. Code R. 61D-2.021 Aggravating and Mitigating Circumstances

History

• Rulemaking Authority 550.0251(3), 550.2415(13) FS. Law Implemented 550.0251, 550.1155, 550.2415 FS. History–New 12-30-01, Transferred to 75-2.021.

Fla. Admin. Code R. 61D-2.022 Use of Whips

History

• Rulemaking Authority 550.0251 FS. Law Implemented 550.0251(3), (11) FS. History–New 12-30-08, Transferred to 75-2.022.

Fla. Admin. Code R. 61D-2.023 Animal Welfare

History

• Rulemaking Authority 550.0251(3), 550.2415(12) FS. Law Implemented 550.0251(11), 550.105(2)(a)3., 550.2415(6), (9) FS. History–New 5-21-13, Transferred to 75-2.023.

Fla. Admin. Code R. 61D-2.024 Track General Rules

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New 9-29-16, Transferred to 75-2.024.

Fla. Admin. Code R. 61D-2.025 Race General Rules

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New 9-29-16, Transferred to 75-2.025.

Fla. Admin. Code R. 61D-2.027 Performances

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251, 550.002 FS. History–New 9-29-16, Transferred to 75-2.027.

Chapter 61D-3 STEWARDS AND JUDGES PROCEDURES

Fla. Admin. Code R. 61D-3.001 Procedures for Stewards’ Hearings

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3), 550.2415(12) FS. Law Implemented 120.80(4)(a), 550.0251, 550.1155 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 6-26-11, Transferred to 75-3.001.

Fla. Admin. Code R. 61D-3.002 Appeal Procedures

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3), 550.2415(12) FS. Law Implemented 120.80(4)(a), 550.0251, 550.054, 550.1155 FS. History–New 10-20-96, Amended 1-5-98, 4-12-06, 6-26-11, Transferred to 75-3.002.

Fla. Admin. Code R. 61D-3.003 Stay of Stewards’/Judges’ Penalty

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3) FS. Law Implemented 120.80(4)(a), 550.0251, 550.1155 FS. History–New 10-20-96, Amended 1-5-98, 4-12-06, 6-26-11, Transferred to 75-3.003.

Fla. Admin. Code R. 61D-3.004 Payment of Fines

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3), 550.2415(12) FS. Law Implemented 120.80(4)(a), 550.0251, 550.054, 550.1155, 550.2415 FS. History–New 10-20-96, Amended 1-5-98, 4-12-06, 6-26-11, Transferred to 75-3.004.

Fla. Admin. Code R. 61D-3.0015 Jai Alai Game Infractions

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3) FS. Law Implemented 120.80(4)(a), 550.0251 FS. History–New 6-28-21, Transferred to 75-3.0015.

Chapter 61D-4 PERMIT APPLICATION AND PROCESS

Fla. Admin. Code R. 61D-4.001 Cost of Investigation

History

• Rulemaking Authority 550.0251(3), 550.054(8)(b), 550.1815(5) FS. Law Implemented 550.0251, 550.054, 550.1815 FS. History–New 10-20-96, Amended 4-12-06, Repealed 9-12-12.

Fla. Admin. Code R. 61D-4.002 Evaluating a Permit Application for a Pari-Mutuel Facility

History

• Rulemaking Authority 550.0251(3), 550.054(8)(b), 550.1815(5) FS. Law Implemented 550.0251, 550.054, 550.0951, 550.0155, 550.1815, 550.125 FS. History–New 10-20-96, Amended 12-15-97, 3-4-07, 9-12-12, 7-1-15, Transferred to 75-4.002.

Fla. Admin. Code R. 61D-4.003 Application for Lease Addendum to Permit

History

• Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251, 550.475 FS. History–New 4-12-06, Repealed 9-12-12.

Fla. Admin. Code R. 61D-4.004 Application for License and Operating Dates

History

• Rulemaking Authority 550.01215(2), 550.0251(2), 550.0251(3), 550.125(3)(a) FS. Law Implemented 550.0115, 550.01215, 550.0251, 550.054(3)(b), 550.125(3)(a), 550.5251, 559.79 FS. History–New 3-4-07, Amended 9-12-12, 12-20-16, Transferred to 75-4.004.

Fla. Admin. Code R. 61D-4.005 Annual Notification of Permitholder Ownership Interest

History

• Rulemaking Authority 550.0251(3), 550.1815(5) FS. Law Implemented 550.054(12) FS. History–New 12-20-16, Transferred to 75-4.005.

Chapter 61D-5 OCCUPATIONAL LICENSING

Fla. Admin. Code R. 61D-5.001 Occupational Licensure

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b), (10)(a), 551.107(2)(b), 849.086(6)(f) FS. Law Implemented 550.0251, 550.105, 550.495, 551.107, 559.79, 849.086(6) FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 9-11-11, 9-1-20, Transferred to 75-5.001.

Fla. Admin. Code R. 61D-5.002 Possession of a License

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b), (6), (10)(a) FS. Law Implemented 550.0251, 550.105 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Transferred to 75-5.002.

Fla. Admin. Code R. 61D-5.003 Exemptions from Fingerprinting

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b), (10)(a) FS. Law Implemented 550.105 FS. History–New 10-20-96, Amended 4-12-06, 9-11-11, 8-10-15, 9-1-20, Transferred to 75-5.003.

Fla. Admin. Code R. 61D-5.004 Temporary Occupational Licenses

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b), (6) FS. Law Implemented 550.0251, 550.105 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 9-11-11, 9-1-20, Transferred to 75-5.004.

Fla. Admin. Code R. 61D-5.005 Exemptions to Occupational Licensing Requirements

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b), (10)(a) FS. Law Implemented 550.0251, 550.105, 559.79 FS. History–New 10-20-96, Amended 4-12-06, 9-11-11, Transferred to 75-5.005.

Fla. Admin. Code R. 61D-5.006 Waiver of Criminal Convictions or Other Offenses

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b), (10)(a) FS. Law Implemented 550.0251, 550.105 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 9-11-11, Transferred to 75-5.006.

Fla. Admin. Code R. 61D-5.007 Basis for Denial or Cancellation of License

History

• Rulemaking Authority 550.0251(3), 550.105(2)(b), (10) FS. Law Implemented 550.0251, 550.105 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Repealed 1-4-12.

Chapter 61D-6 DRUGS AND VETERINARIAN PROCEDURES

Fla. Admin. Code R. 61D-6.001 Purpose for Rules; Definitions Related to Drugs and Medications

History

• Rulemaking Authority 550.0251(3), 550.2415(13) FS. Law Implemented 550.0251, 550.2415 FS. History–New 10-20-96, Amended 6-6-00, 4-12-06, Transferred to 75-6.001.

Fla. Admin. Code R. 61D-6.002 General Duties and Responsibilities

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3), 550.2415(2), (7) FS. Law Implemented 120.80(4)(a), 550.0251, 550.2415 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 1-10-16, Transferred to 75-6.002.

Fla. Admin. Code R. 61D-6.003 Permitted Medications; General Provisions

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3), 550.2415(2), (13) FS. Law Implemented 120.80(4)(a), 550.0251, 550.2415 FS. History–New 10-20-96, Transferred to 75-6.003.

Fla. Admin. Code R. 61D-6.004 Prohibited Devices, Medications, and Procedures; Exceptions

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3), (11), 550.2415(13) FS. Law Implemented 120.80(4)(a), 550.0251, 550.235, 550.2415 FS. History– New 10-20-96, Amended 1-5-98, Transferred to 75-6.004.

Fla. Admin. Code R. 61D-6.005 Procedures for Collecting Samples from Racing Animals

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3), 550.2415(12), (13) FS. Law Implemented 120.80(4)(a), 550.0251, 550.1155, 550.2415 FS. History–New 10-20-96, Amended 12-15-97, 11-19-01, 6-15-15, Repealed 6-2-19.

Fla. Admin. Code R. 61D-6.0051 Procedures for Collecting Samples from Racing Horses

History

• Rulemaking Authority 550.0251(3), 550.2415(12) FS. Law Implemented 120.80(4)(a), 550.0251, 550.1155, 550.2415 FS. History–New 12-4-17, Transferred to 75-6.0051.

Fla. Admin. Code R. 61D-6.0052 Procedures for Collecting Samples from Racing Greyhounds

History

• Rulemaking Authority 550.0251(3), (11), 550.2415(12) FS. Law Implemented 550.0251, 550.2415 FS. History–New 3-10-19, Transferred to 75-6.0052.

Fla. Admin. Code R. 61D-6.006 Procedures Relating to Split Samples

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3), (11), 550.2415(5), (12) FS. Law Implemented 120.80(4)(a), 550.0251, 550.2415 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 6-26-11, 1-10-16, 12-4-17, Transferred to 75-6.006.

Fla. Admin. Code R. 61D-6.007 Testing Methodologies, Measurement Uncertainties, Screening Limits for Racing Horses

History

• Rulemaking Authority 550.0251(3), (11), 550.2415(12) FS. Law Implemented 550.0251, 550.2415 FS. History–New 10-20-96, Amended 6-6-00, 6-6-04, 4-12-06, 6-26-11, 8-1-19, 8-4-21, Transferred to 75-6.007.

Fla. Admin. Code R. 61D-6.008 Permitted Medications for Horses

History

• Rulemaking Authority 550.0251(3), 550.2415(12) FS. Law Implemented 550.0251(11), 550.2415(1), (7) FS. History–New 10-20-96, Amended 1-5-98, 6-6-00, 5-14-02, 6-6-04, 7-6-06, 8-12-07, 12-30-08, 12-29-11, 1-10-16, Transferred to 75-6.008.

Fla. Admin. Code R. 61D-6.009 Veterinarians

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3), (11), 550.2415(6)(b), (12) FS. Law Implemented 550.0251, 550.2415(6)(b) FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 7-20-10, 1-10-16, Transferred to 75-6.009.

Fla. Admin. Code R. 61D-6.010 Human Drug Testing. Urine testing for controlled substances

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3), (5) FS. Law Implemented 120.80(4)(a), 550.0251, 550.24055, 550.2415 FS. History–New 10-20-96, Repealed 1-4-12.

Fla. Admin. Code R. 61D-6.011 Racing Horse Drug and Substance Classification System and Penalty Schedule

History

• Rulemaking Authority 550.0251(3), 550.2415(7), (12) FS. Law Implemented 550.0251, 550.2415 FS. History–New 1-5-98, Amended 2-8-01, 3-4-07, 6-26-11, 1-10-16, 9-5-18, 8-29-19, Transferred to 75-6.011.

Fla. Admin. Code R. 61D-6.012 Racing Greyhound Drug and Substance Classification System and Penalty Schedule

History

• Rulemaking Authority 550.0251(3), (11), 550.2415(7), (12) FS. Law Implemented 550.0251, 550.1155, 550.2415 FS. History–New 6-26-11, Amended 1-10-16, 8-1-19, Transferred to 75-6.012.

Chapter 61D-7 AUDITING

Fla. Admin. Code R. 61D-7.001 Definitions

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Amended 12-15-97, 9-19-04, 4-12-06, Transferred to 75-7.001.

Fla. Admin. Code R. 61D-7.002 Calculation of Payout and Distribution of Pools – General

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1), 550.125(2)(b), 550.6305(5) FS. Law Implemented 550.0251, 550.125, 550.155, 550.6305 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Transferred to 75-7.002.

Fla. Admin. Code R. 61D-7.003 Experimental Wagers, Requests by Permitholders

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Transferred to 75-7.003.

Fla. Admin. Code R. 61D-7.004 Win Pool

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Transferred to 75-7.004.

Fla. Admin. Code R. 61D-7.005 Place Pool

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Transferred to 75-7.005.

Fla. Admin. Code R. 61D-7.006 Show Pool

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Transferred to 75-7.006.

Fla. Admin. Code R. 61D-7.007 Quinella Pool

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Transferred to 75-7.007.

Fla. Admin. Code R. 61D-7.008 Daily Double Pool

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 555.0251, 550.155(1) FS. History–New 10-20-96, Transferred to 75-7.008.

Fla. Admin. Code R. 61D-7.009 Quinella Double

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Amended 12-15-97, Transferred to 75-7.009.

Fla. Admin. Code R. 61D-7.010 Daily Three Pool

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155(1) FS. History–New 10-20-96, Amended 12-15-97, 12-21-03, Transferred to 75-7.010.

Fla. Admin. Code R. 61D-7.011 Exacta/Perfecta

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Transferred to 75-7.011.

Fla. Admin. Code R. 61D-7.012 Trifecta Pool

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Transferred to 75-7.012.

Fla. Admin. Code R. 61D-7.013 Superfecta Pool

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Amended 7-7-05, Transferred to 75-7.013.

Fla. Admin. Code R. 61D-7.014 Pick (N) Pools

History

• Rulemaking Authority 550.0251(3), 550.155(1), 550.495(4) FS. Law Implemented 550.0251(7), 550.155 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 3-15-12, Transferred to 75-7.014.

Fla. Admin. Code R. 61D-7.015 Trifecta and Superfecta Combinations

History

• Rulemaking Authority 550.0251(3), 550.155(1), 550.495(4) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Amended 9-19-04, 4-12-06, 9-12-12, Transferred to 75-7.015.

Fla. Admin. Code R. 61D-7.016 Total Points Wager

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1) FS. Law Implemented 550.0251, 550.155 FS. History–New 10-20-96, Transferred to 75-7.016.

Fla. Admin. Code R. 61D-7.017 Seed Pools for Jackpot Wagers

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1), 550.495(4) FS. Law Implemented 550.0251, 550.155, 550.495 FS. History–New 10-20-96, Repealed 9-12-12.

Fla. Admin. Code R. 61D-7.020 Pari-Mutuels

History

• Rulemaking Authority 550.0251(3), (7), 550.105(2)(b), 550.155(1), 550.3551(10), 550.495(4), 550.6305(5) FS. Law Implemented 550.0251, 550.0425, 550.105, 550.155, 550.495, 550.70 FS. History–New 10-20-96, Amended 12-15-97, 2-24-03, 9-19-04, 1-10-08, Transferred to 75-7.020.

Fla. Admin. Code R. 61D-7.021 Mutuels Tickets, Cashing, Records, and Totalisator Security Requirements

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1), 550.495(4), (5) FS. Law Implemented 550.0251, 550.155, 550.2633, 550.3551, 550.495 FS. History–New 10-20-96, Amended 12-15-97, 9-19-04, 3-20-05, 4-12-06, Transferred to 75-7.021.

Fla. Admin. Code R. 61D-7.022 Outs Cashed After the End of the Meet

History

• Rulemaking Authority 550.0251(3), (7), 550.155(1), 550.1645(1), 550.495(4), (5) FS. Law Implemented 550.0251, 550.155, 550.1645, 550.2633, 550.495 FS. History–New 10-20-96, Amended 12-15-97, 9-19-04, 4-12-06, Transferred to 75-7.022.

Fla. Admin. Code R. 61D-7.023 Reporting of Wagering Activities, Permitholder and Totalisator Reports

History

• Rulemaking Authority 550.0251(3), (7), 550.125(2)(b), 550.155(1), 550.495(4) FS. Law Implemented 550.0251, 550.125, 550.155, 550.3551, 550.495 FS. History–New 10-20-96, Amended 12-15-97, 9-19-04, 4-12-06, Transferred to 75-7.023.

Fla. Admin. Code R. 61D-7.024 Totalisator Requirements

History

• Rulemaking Authority 550.0251(3), 550.155(1), 550.495(4) FS. Law Implemented 550.0251, 550.155, 550.495 FS. History–New 10-20-96, Amended 12-15-97, 9-19-04, 4-12-06, 9-12-12, Transferred to 75-7.024.

Chapter 61D-8 FINANCIAL REPORTING AND PURSE REQUIREMENTS

Fla. Admin. Code R. 61D-8.001 Admissions Requirements

History

• Rulemaking Authority 550.0251(3), (7), 550.0951(2), 550.125(2)(b), 550.155(1) FS. Law Implemented 550.0251, 550.0951, 550.125, 550.155 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Transferred to 75-8.001.

Fla. Admin. Code R. 61D-8.002 Financial Reporting Requirements

History

• Rulemaking Authority 550.0251(3), (7), (9), 550.125(2)(b), 550.155(1), 550.3551(10), 550.6305(5) FS. Law Implemented 550.0251, 550.0951(5), 550.125, 550.155, 550.3551, 550.615, 550.6305, 550.6335 FS. History–New 10-20-96, Amended 12-15-97, 9-19-04, 3-4-07, Transferred to 75-8.002.

Fla. Admin. Code R. 61D-8.003 Reporting Requirements for Charity/Scholarship Performances

History

• Rulemaking Authority 550.0251(3), (7), 550.125(2)(b), 550.155(1) FS. Law Implemented 550.0251, 550.0351, 550.125, 550.155, 550.1647, 550.1648 FS. History–New 10-20-96, Amended 12-15-97, 6-29-05, 4-12-06, Transferred to 75-8.003.

Fla. Admin. Code R. 61D-8.004 Retired Jai Alai Players Charity Days Fund: Accumulation Payments and Reporting

History

• Rulemaking Authority 550.0251(3), 550.0351(8) FS. Law Implemented 550.0251, 550.0351 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Transferred to 75-8.004.

Fla. Admin. Code R. 61D-8.005 Purses and Florida Owners’ Awards, Horse Racing

History

• Rulemaking Authority 550.2614(1), (2), (3), (4), 550.2625(2)(d) FS. Law Implemented 550.2614, 550.2625(2), 550.625, 550.655 FS. History–New 10-20-96, Amended 12-15-97, 4-15-07, Transferred to 75-8.005.

Fla. Admin. Code R. 61D-8.006 Purse Requirements, Greyhound Racing

History

• Rulemaking Authority 550.6305(5) FS. Law Implemented 550.09514(2)(d) FS. History–New 9-19-04, Transferred to 75-8.006.

Chapter 61D-9 INTERTRACK AND SIMULCAST WAGERING

Fla. Admin. Code R. 61D-9.001 Interstate and Intertrack Broadcasts

History

• Rulemaking Authority 550.0251(3), (7), 550.125(2)(b), 550.155(1), 550.2625(2)(d), 550.3551(10), 550.495(4), 550.6305(5) FS. Law Implemented 550.0251, 550.125, 550.155, 550.2625, 550.3551, 550.495, 550.615, 550.625, 550.6305 FS. History–New 10-20-96, Amended 12-15-97, 9-19-04, 4-12-06, Transferred to 75-9.001.

Fla. Admin. Code R. 61D-9.002 Interstate Broadcasts – Common Pools

History

• Rulemaking Authority 550.0251(3), (7), 550.125(2)(b), 550.155(1), 550.3551(10), 550.495(4), 550.6305(5) FS. Law Implemented 550.0251, 550.125, 550.155, 550.3551, 550.495, 550.615, 550.6305 FS. History–New 10-20-96, Amended 12-15-97, Transferred to 75-9.002.

Fla. Admin. Code R. 61D-9.003 Interstate and Intertrack Broadcasts – Emergency Procedures

History

• Rulemaking Authority 550.0251(3), (7), 550.125(2)(b), 550.155(1), 550.3551(10), 550.495(4), 550.6305(5) FS. Law Implemented 550.0251, 550.125, 550.155, 550.3551, 550.495, 550.615, 550.6305 FS. History–New 10-20-96, Amended 12-15-97, 9-19-04, 4-12-06, Transferred to 75-9.003.

Fla. Admin. Code R. 61D-9.004 Intertrack Wagering – Permitholder Accounting, Reporting and Ticket Cashing Responsibilities

History

• Rulemaking Authority 550.0251(3), (7), 550.125(2)(b), 550.155(1), 550.3551(10), 550.495(4), 550.6305(5) FS. Law Implemented 550.0251, 550.125, 550.155, 550.3551, 550.495, 550.615, 550.625, 550.6305 FS. History–New 10-20-96, Amended 12-15-97, 9-19-04, 4-12-06, Transferred to 75-9.004.

Fla. Admin. Code R. 61D-9.005 Intertrack and Interstate Wagering, Hub Systems Requirements

History

• Rulemaking Authority 550.0251(3), (7), 550.125(2)(b), 550.155(1), 550.3551(10), 550.495(4), 550.6305(5) FS. Law Implemented 550.0251, 550.125, 550.155, 550.3551, 550.495, 550.615, 550.625, 550.6305 FS. History–New 10-20-96, Amended 12-15-97, 9-19-04, Transferred to 75-9.005.

Chapter 61D-10 FORMS

Fla. Admin. Code R. 61D-10.001 Incorporated and Approved Forms

History

• Rulemaking Authority 120.80(4)(a), 550.0251(2), (3), (5), (6), 550.0351(8), 550.125(2)(b), (3)(a), 550.155(1), 550.2625(2)(d), 550.3551(10), 550.495(2)(a), (4), 550.6305(5) FS. Law Implemented 120.80, 550.0251, 550.0351, 550.125, 550.155, 550.2625, 550.3551, 550.495, 550.615, 550.625, 550.6305 FS. History–New 10-20-96, Amended 12-15-97, 3-4-07, 6-23-22, Transferred to 75-10.001.

Chapter 61D-11 PARI-MUTUEL FACILITY CARDROOM OPERATIONS

Fla. Admin. Code R. 61D-11.001 Definitions

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 9-7-08, 7-21-14, 1-2-18, 9-1-20, Transferred to 75-11.001.

Fla. Admin. Code R. 61D-11.002 Cardroom Games

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 550.0251(6), 849.086(4) FS. History–New 1-7-97, Amended 5-9-04, 4-12-06, 9-7-08, 7-21-14, 1-2-18, Transferred to 75-11.002.

Fla. Admin. Code R. 61D-11.0021 Cardroom Game Rules

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-2-18, Transferred to 75-11.0021.

Fla. Admin. Code R. 61D-11.0025 Notification in Writing

History

• Rulemaking Authority 849.086(4) FS. Law Implemented 849.086 FS. History–New 9-7-08, Repealed 1-2-18.

Fla. Admin. Code R. 61D-11.003 Card-Play Hands

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 7-21-14, 1-2-18, Transferred to 75-11.003.

Fla. Admin. Code R. 61D-11.004 Dealer Responsibilities

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 9-7-08, 7-21-14, 1-2-18, Transferred to 75-11.004.

Fla. Admin. Code R. 61D-11.005 Prohibitions

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 9-7-08, 7-21-14, 1-2-18, Transferred to 75-11.005.

Fla. Admin. Code R. 61D-11.006 Inspection of Premises, Records

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 9-7-08, 7-21-14, 1-2-18, Transferred to 75-11.006.

Fla. Admin. Code R. 61D-11.007 Cardroom Operator License

History

• Rulemaking Authority 550.0251(12), 849.086(4), (5), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 4-12-06, 9-7-08, 7-21-14, 1-2-18, Transferred to 75-11.007.

Fla. Admin. Code R. 61D-11.008 Cardroom Business Occupational License

History

• Rulemaking Authority 550.0251(12), 550.105(2)(b), (10)(a), 551.107(2)(b), 849.086(4)(a), (6)(d), (f) FS. Law Implemented 550.0251, 550.105, 551.107, 559.79, 849.086(6) FS. History–New 1-7-97, Amended 5-9-04, 4-12-06, 9-7-08, 7-21-14, 9-1-20, Transferred to 75-11.008.

Fla. Admin. Code R. 61D-11.009 Cardroom Employee Occupational License

History

• Rulemaking Authority 550.0251(12), 550.105(2)(b), (10)(a), 551.107(2)(b), 849.086(4)(a), (6)(d), (f) FS. Law Implemented 550.0251, 550.105, 551.107, 559.79, 849.086(6) FS. History–New 1-7-97, Amended 5-9-04, 3-4-07, 9-7-08, 7-21-14, 1-2-18, 9-1-20, Transferred to 75-11.009.

Fla. Admin. Code R. 61D-11.010 Temporary Cardroom Employee Occupational License

History

• Rulemaking Authority 550.0251(12), 849.086(4), (6) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 6-2-98, Repealed 3-14-06.

Fla. Admin. Code R. 61D-11.0101 Temporary Cardroom Occupational License

History

• Rulemaking Authority 550.0251(12), 849.086(4), (6) FS. Law Implemented 849.086 FS. History–New 9-1-20, Transferred to 75-11.0101.

Fla. Admin. Code R. 61D-11.011 Notification of Criminal Conviction or Charge

History

• Rulemaking Authority 550.0251(12), 849.086(4), (6) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, Transferred to 75-11.011.

Fla. Admin. Code R. 61D-11.012 Duties of Cardroom Operators

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 4-12-06, 9-7-08, 7-21-14, 1-2-18, Transferred to 75-11.012.

Fla. Admin. Code R. 61D-11.013 Display of Identification and Possession of Occupational Licenses

History

• Rulemaking Authority 550.0251(12), 849.086(4), (6) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 7-21-14, Repealed 1-2-18.

Fla. Admin. Code R. 61D-11.014 Cards

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 7-21-14, 1-2-18, Transferred to 75-11.014.

Fla. Admin. Code R. 61D-11.0145 Dominoes

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 9-7-08, Transferred to 75-11.0145.

Fla. Admin. Code R. 61D-11.0149 Dominoes Supervisors

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 9-7-08, Amended 7-21-14, Transferred to 75-11.0149.

Fla. Admin. Code R. 61D-11.015 Chips and Tokens

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 4-12-06, 9-7-08, 7-21-14, Transferred to 75-11.015.

Fla. Admin. Code R. 61D-11.016 Card and Domino Tables

History

• Rulemaking Authority 550.0251(12), 849.086(4)(a) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 1-4-12, 7-21-14, Transferred to 75-11.016.

Fla. Admin. Code R. 61D-11.017 Admissions Requirements

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11), (13) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 3-4-07, Repealed 7-2-08.

Fla. Admin. Code R. 61D-11.0175 Cardroom Drop, Count Rooms, and Count Procedures

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 9-7-08, Amended 7-21-14, 1-2-18, Transferred to 75-11.0175.

Fla. Admin. Code R. 61D-11.018 Reporting Requirements to Determine Net Proceeds or Gross Revenues

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 4-12-06, 9-7-08, 1-2-18, Transferred to 75-11.018.

Fla. Admin. Code R. 61D-11.019 Internal Controls

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 7-21-14, 1-2-18, Transferred to 75-11.019.

Fla. Admin. Code R. 61D-11.020 Drop Box and Key Control Procedures

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 7-21-14, Transferred to 75-11.020.

Fla. Admin. Code R. 61D-11.021 Tip Box Procedures

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 7-21-14, Transferred to 75-11.021.

Fla. Admin. Code R. 61D-11.022 Cardroom Imprest Tray

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, 7-21-14, Transferred to 75-11.022.

Fla. Admin. Code R. 61D-11.023 Accounting for Transactions Between Card Table Imprest Tray and Cardroom Imprest Bank

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Repealed 7-2-08.

Fla. Admin. Code R. 61D-11.024 Rake Procedures

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 9-7-08, Transferred to 75-11.024.

Fla. Admin. Code R. 61D-11.025 Cardroom Electronic Surveillance

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 10-21-97, Amended 9-7-08, 7-21-14, 1-2-18, Transferred to 75-11.025.

Fla. Admin. Code R. 61D-11.0251 Security Plans

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 9-7-08, Amended 7-21-14, Transferred to 75-11.0251.

Fla. Admin. Code R. 61D-11.026 Definition of Poker

History

• Rulemaking Authority 550.0251(12), 849.086(4)(a), (12) FS. Law Implemented 849.085(2)(a), 849.086(2)(a) FS. History–New 10-21-97, Repealed 11-2-99.

Fla. Admin. Code R. 61D-11.027 Tournaments

History

• Rulemaking Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 5-9-04, Repealed 6-21-06.

Fla. Admin. Code R. 61D-11.0275 Tournaments

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 9-7-08, Amended 7-21-14, 1-2-18, Transferred to 75-11.0275.

Fla. Admin. Code R. 61D-11.0279 Jackpots, Prizes, and Giveaways

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 9-7-08, Amended 7-21-14, 1-2-18, Transferred to 75-11.0279.

Fla. Admin. Code R. 61D-11.031 Cashiers’ Cage

History

• Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 7-21-14, Transferred to 75-11.031.

Chapter 61D-12 PARI-MUTUEL FACILITY CARDROOM OPERATIONS - FORMS

Fla. Admin. Code R. 61D-12.001 Incorporated and Approved Forms

The following is a list of all forms now incorporated which are to be used by the Division in its dealing with the cardroom operators and licensees who conduct cardroom gaming. A copy of these forms may be obtained at www.myflorida.com/dbpr/pmw or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399. The effective date of each of these forms is the promulgation date of this rule.

FORM NUMBER

SUBJECT

EFFECTIVE DATE

(1) DBPR PMW-3120

Individual Occupational License Application

7-2-08

(2) DBPR PMW-3130

Business Occupational License Application

3-4-07

(3) DBPR PMW-3160

Permitholder Application for Annual License to Operate a Cardroom

7-2-08

(4) DBPR PMW-3170

License Upgrade Application

3-4-07

(5) DBPR PMW-3180

Request for Waiver

3-4-07

(6) DBPR PMW-3220

List of Cardroom Business Occupational Licensees to a Cardroom

7-2-08

(7) DBPR PMW-3605

Daily Tracking of Cardroom Jackpot

7-2-08

(8) DBPR PMW-3640

Cardroom Monthly Remittance Report

7-2-08

History

• Rulemaking Authority 550.0251(12), 849.086(4), (5), (6), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 3-4-07, 7-2-08, Transferred to 75-12.001.

Chapter 61D-13 RULES OF THOROUGHBRED HORSERACING

Fla. Admin. Code R. 61D-13.001 General Rules

History

• Rulemaking Authority 550.0251(3), (11) FS. Law Implemented 550.0251 FS. History–New 8-15-04, Repealed 1-4-12.

Fla. Admin. Code R. 61D-13.002 Stewards

History

• Rulemaking Authority 120.80(4)(a), 550.0251(3), (11), 550.1155 FS. Law Implemented 120.80(4)(a), 550.0251, 550.1155 FS. History–New 8-15-04, Repealed 1-4-12.

Fla. Admin. Code R. 61D-13.003 Jockeys

History

• Rulemaking Authority 550.0251(3), (11) FS. Law Implemented 550.0251 FS. History–New 8-15-04, Repealed 1-4-12.

Fla. Admin. Code R. 61D-13.004 Maintaining a Straight Course

History

• Rulemaking Authority 550.0251(3), (11) FS. Law Implemented 550.0251 FS. History–New 8-15-04, Repealed 1-4-12.

Fla. Admin. Code R. 61D-13.005 Disqualification

History

• Rulemaking Authority 550.0251(3), (11), 550.2415(13) FS. Law Implemented 550.0251, 550.2415 FS. History–New 8-15-04, Repealed 1-4-12.

Fla. Admin. Code R. 61D-13.006 Use of Whips

History

• Rulemaking Authority 550.0251(3), (11), 550.1155 FS. Law Implemented 550.0251, 550.1155 FS. History–New 8-15-04, Amended 1-4-05, Repealed 12-30-08.

Chapter 61D-14 Pari-Mutuel Wagering Facility Slot Machine Operations

Fla. Admin. Code R. 61D-14.001 General Definitions

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (d), (e), (g), (i), 551.104(4) FS. History–New 6-25-06, Amended 12-6-06, 5-30-17, Transferred to 75-14.001.

Fla. Admin. Code R. 61D-14.002 Application Requirements

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (f), (g), 551.104(4), (10), 551.106(1), 551.107(7), 551.118, 559.79 FS. History–New 6-25-06, Amended 6-21-10, 5-30-17, 9-1-20, Transferred to 75-14.002.

Fla. Admin. Code R. 61D-14.003 Renewal of Slot Machine Licenses

History

• Rulemaking Authority 550.0251(2), 551.103(1), 551.122 FS. Law Implemented 550.0251(2), 551.103(1)(a), (b), 551.104(4), 551.105, 551.106, 559.79(2) FS. History–New 7-30-06, Amended 9-26-13, Transferred to 75-14.003.

Fla. Admin. Code R. 61D-14.004 Denial Criteria for Applications and Renewals

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (i), 551.104(4), 551.117, 551.118(1) FS. History–New 6-25-06, Amended 12-6-06, Transferred to 75-14.004.

Fla. Admin. Code R. 61D-14.005 Occupational License Requirements for Individual Persons

History

• Rulemaking Authority 550.0251(12), 550.105(2)(b), (10)(a), 551.103(1), 551.107(2)(b), 551.122, 849.086(4)(a), (6)(d), (f) FS. Law Implemented 550.0251, 550.105, 551.103(1)(b), 551.107, 551.108, 559.79, 849.086(6) FS. History–New 6-25-06, Amended 12-6-06, 6-21-10, 9-26-13, 5-30-17, 9-1-20, Transferred to 75-14.005.

Fla. Admin. Code R. 61D-14.0055 Temporary Slot Machine Occupational License

History

• Rulemaking Authority 551.103(1), 551.1045, 551.122 FS. Law Implemented 551.1045, 551.107 FS. History–New 6-21-10, Amended 5-30-17, 9-1-20, Transferred to 75-14.0055.

Fla. Admin. Code R. 61D-14.006 Occupational License Application Requirements for Business Entities

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 550.0251(2), 551.103(1)(b), 551.107, 559.79 FS. History–New 7-30-06, Amended 6-21-10, 8-14-11, 9-26-13, 5-30-17, 9-1-20, Transferred to 75-14.006.

Fla. Admin. Code R. 61D-14.007 Business Occupational License Requirements for an Independent Testing Laboratory

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (c), 551.107, 551.108 FS. History–New 6-25-06, Amended 6-21-10, 8-14-11, Transferred to 75-14.007.

Fla. Admin. Code R. 61D-14.008 Occupational License Renewal Application

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), 551.107(4) FS. History–New 6-25-06, Amended 6-21-10, 5-30-17, 9-1-20, Transferred to 75-14.008.

Fla. Admin. Code R. 61D-14.009 Denial Criteria for Occupational License Application or Renewal

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), 551.107(4)(a), (b) FS. History–New 6-25-06, Amended 9-1-20, Transferred to 75-14.009.

Fla. Admin. Code R. 61D-14.010 Identification of the Occupational License Applicant

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), 551.107(4)(a), (d) FS. History–New 6-25-06, Amended 6-21-10, 9-1-20, Transferred to 75-14.010.

Fla. Admin. Code R. 61D-14.011 Occupational License and Fingerprint Fees

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (g), 551.107(1), (4)(a), (d), (7)(b), (d) FS. History–New 6-25-06, Amended 9-26-13, 9-1-20, Transferred to 75-14.011.

Fla. Admin. Code R. 61D-14.012 Change of Position, Place of Work, Name, or Address

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (g), 551.107(4)(a), 559.79 FS. History–New 6-25-06, Amended 5-30-17, 9-1-20, Transferred to 75-14.012.

Fla. Admin. Code R. 61D-14.013 Pari-Mutuel Occupational License Transition Period Provisions

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), 551.107(2)(b) FS. History–New 7-30-06, Repealed 9-12-12.

Fla. Admin. Code R. 61D-14.014 Occupational Licensee Termination List

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (g), 551.107(4)(a) FS. History–New 6-25-06, Transferred to 75-14.014.

Fla. Admin. Code R. 61D-14.015 Slot Machine Licensee Organizational Structure

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (d), (e), (i) FS. History–New 6-25-06, Amended 5-30-17, Transferred to 75-14.015.

Fla. Admin. Code R. 61D-14.016 Operational Requirements

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (e), (g), (h), (i), 551.113(3), 551.114 FS. History–New 7-30-06, Amended 5-30-17, Transferred to 75-14.016.

Fla. Admin. Code R. 61D-14.017 Days and Hours of Operation

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e) FS. History–New 6-25-06, Repealed 9-26-13.

Fla. Admin. Code R. 61D-14.018 State Office Space Requirements

History

• Rulemaking Authority 551.103(1), 551.114(5), 551.122 FS. Law Implemented 551.103(1)(i), 551.114(5) FS. History–New 6-25-06, Amended 5-30-17, Transferred to 75-14.018.

Fla. Admin. Code R. 61D-14.019 Compulsive or Addictive Gambling Prevention Program

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (g), (i), 551.104(4)(i), 551.118(1) FS. History–New 7-30-06, Transferred to 75-14.019.

Fla. Admin. Code R. 61D-14.020 Excluded Persons

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1), (g), (i), 551.112, 551.118 FS. History–New 6-25-06, Amended 6-21-10, 5-30-17, Transferred to 75-14.020.

Fla. Admin. Code R. 61D-14.0211 Server Based Gaming Systems (SBGS) and Server Supported Gaming Systems (SSGS)

History

• Rulemaking Authority 551.103(1), (2) 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (h), (i), (2) FS. History–New 5-30-17, Transferred to 75-14.0211.

Fla. Admin. Code R. 61D-14.022 Slot Machine, Slot Machine Components, and Progressive System Requirements

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (h), (i) FS. History–New 7-30-06, Amended 8-14-11, 9-26-13, 5-30-17, Transferred to 75-14.022.

Fla. Admin. Code R. 61D-14.023 Slot Machine Base Doors

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1) FS. History–New 6-25-06, Amended 6-21-10, Repealed 9-12-12.

Fla. Admin. Code R. 61D-14.024 Logic Compartment

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (i) FS. History–New 7-30-06, Amended 8-14-11, 9-26-13, 5-30-17, Transferred to 75-14.024.

Fla. Admin. Code R. 61D-14.025 Currency Compartments

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (g), (i) FS. History–New 6-25-06, Transferred to 75-14.025.

Fla. Admin. Code R. 61D-14.026 Cabinet Wiring

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (i) FS. History–New 6-25-06, Repealed 9-12-12.

Fla. Admin. Code R. 61D-14.028 Printed Circuit Board (PCB) Identification

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (i) FS. History–New 6-25-06, Repealed 5-30-17.

Fla. Admin. Code R. 61D-14.029 Mechanical Devices Used for Displaying Game Outcomes

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (i) FS. History–New 6-25-06, Transferred to 75-14.029.

Fla. Admin. Code R. 61D-14.030 Video Monitors/Touchscreens

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (i) FS. History–New 6-25-06, Transferred to 75-14.030.

Fla. Admin. Code R. 61D-14.031 Bill Acceptors

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (i) FS. History–New 6-25-06, Transferred to 75-14.031.

Fla. Admin. Code R. 61D-14.032 Progressive System Requirements

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (g), 551.121(5) FS. History–New 8-14-11, Amended 5-30-17, 2-19-18, Transferred to 75-14.032.

Fla. Admin. Code R. 61D-14.033 Progressive Displays and Controllers

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (g), 551.121(5) FS. History–New 8-14-11, Transferred to 75-14.033.

Fla. Admin. Code R. 61D-14.034 Progressive Jackpots

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (g), 551.121(5) FS. History–New 8-14-11, Transferred to 75-14.034.

Fla. Admin. Code R. 61D-14.036 Slot Machine Tournament

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1) FS. History–New 6-21-10, Transferred to 75-14.036.

Fla. Admin. Code R. 61D-14.037 Games with Bonus Features, Multiple Win Lines, Prizes

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (g), 551.121(5) FS. History–New 6-25-06, Amended 8-14-11, 5-30-17, Transferred to 75-14.037.

Fla. Admin. Code R. 61D-14.038 Percentage Payout and Odds

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (h), 551.104(4)(j) FS. History–New 6-25-06, Amended 6-21-10, 8-14-11, Transferred to 75-14.038.

Fla. Admin. Code R. 61D-14.039 Credit Redemption, Meter, Cancel Credit, and Taxation Reporting Limits

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e) FS. History–New 7-5-06, Transferred to 75-14.039.

Fla. Admin. Code R. 61D-14.040 Game Cycle, Payment of Credits by Ticket Printer, and Ticket Redemption

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (i) FS. History–New 7-30-06, Amended 5-30-17, Transferred to 75-14.040.

Fla. Admin. Code R. 61D-14.041 Randomness Requirements and Game Play Auditing

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (e), (g) FS. History–New 7-5-06, Amended 6-21-10, 9-26-13, 5-30-17, Transferred to 75-14.041.

Fla. Admin. Code R. 61D-14.042 Accounting and Occurrence Meter Specifications

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (g) FS. History–New 7-30-06, Amended 6-21-10, 7-14-11, 9-12-12, Transferred to 75-14.042.

Fla. Admin. Code R. 61D-14.043 Transaction Log, Accountability of Bills/Tickets, Bill Acceptor Recall, and Number of Last Plays Required

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (g) FS. History–New 6-25-06, Transferred to 75-14.043.

Fla. Admin. Code R. 61D-14.044 Identification of Program Storage Media, and Slot Machine Technical Requirements

History

• Rulemaking Authority 550.0251(2), 551.103(1), 551.122 FS. Law Implemented 550.0251(2), 551.103(1)(c), (d), (e), (f), (g) FS. History–New 8-13-06, Amended 6-21-10, 9-26-13, Transferred to 75-14.044.

Fla. Admin. Code R. 61D-14.046 Facility Based Monitoring System Functionality

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e), (i), 551.104(4)(f) FS. History–New 6-25-06, Amended 5-30-17, Transferred to 75-14.046.

Fla. Admin. Code R. 61D-14.047 Facility Based Monitoring System and Computer Diagnostics

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(e), (g), (i), 551.104(4)(f) FS. History–New 8-13-06, Amended 6-21-10, 8-14-11, 5-30-17, Transferred to 75-14.047.

Fla. Admin. Code R. 61D-14.048 Facility Based Monitoring System Required Reports

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e), (i), 551.104(4)(f), 551.121(5) FS. History–New 6-25-06, Amended 8-14-11, Transferred to 75-14.048.

Fla. Admin. Code R. 61D-14.050 Floor Plan

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(i), 551.104(4)(h), 551.114(5) FS. History–New 6-25-06, Amended 5-30-17, Transferred to 75-14.050.

Fla. Admin. Code R. 61D-14.051 Security Plan

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(i), 551.104(4)(h) FS. History–New 6-25-06, Amended 5-30-17, Transferred to 75-14.051.

Fla. Admin. Code R. 61D-14.052 Electronic Identification and Access Control System

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(g), (i), 551.104(4)(h) FS. History–New 6-25-06, Amended 5-30-17, Transferred to 75-14.052.

Fla. Admin. Code R. 61D-14.053 Key Controls

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(b), (e), (g), (i), 551.104(4)(h) FS. History–New 6-25-06, Amended 6-21-10, Transferred to 75-14.053.

Fla. Admin. Code R. 61D-14.054 Surveillance Equipment

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(g), (i), 551.104(4)(h) FS. History–New 6-25-06, Amended 5-30-17, Transferred to 75-14.054.

Fla. Admin. Code R. 61D-14.055 Storage and Retrieval of Surveillance Recordings

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e), (g), (i), 551.104(4)(h) FS. History–New 6-25-06, Transferred to 75-14.055.

Fla. Admin. Code R. 61D-14.056 Security and Surveillance Logs

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(g), (i), 551.104(4)(h) FS. History–New 7-30-06, Transferred to 75-14.056.

Fla. Admin. Code R. 61D-14.058 Slot Machine Licensees System of Internal Controls

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e), (g), (i) FS. History–New 6-25-06, Transferred to 75-14.058.

Fla. Admin. Code R. 61D-14.059 Slot Machine Licensee Personnel

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(g), (j) FS. History–New 6-25-06, Amended 9-26-13, 5-30-17, Transferred to 75-14.059.

Fla. Admin. Code R. 61D-14.060 Business Entities, Internal Controls and Personnel Records

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g), (i) FS. History–New 8-6-06, Amended 9-26-13, 5-30-17, Transferred to 75-14.060.

Fla. Admin. Code R. 61D-14.061 Slot Cash Storage Boxes

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g), (i) FS.History–New 7-30-06, Transferred to 75-14.061.

Fla. Admin. Code R. 61D-14.063 Count Rooms

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g), (i) FS. History–New 6-25-06, Amended 6-21-10, 5-30-17, Transferred to 75-14.063.

Fla. Admin. Code R. 61D-14.065 Procedure for Slot Cash Storage Box Count

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g), (i) FS. History–New 6-25-06, Amended 5-30-17, Transferred to 75-14.065.

Fla. Admin. Code R. 61D-14.067 Slot Cashier’s Cage and Change Machines

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g), (i) FS. History–New 6-25-06, Amended 5-30-17, Transferred to 75-14.067.

Fla. Admin. Code R. 61D-14.069 Accounting and Security Records

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e), (g), (i) FS. History–New 6-25-06, Transferred to 75-14.069.

Fla. Admin. Code R. 61D-14.072 Cashier’s Cage, Satellite Cages, Vaults, and Accounting Controls

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g), (i) FS. History–New 7-30-06, Amended 5-30-17, Transferred to 75-14.072.

Fla. Admin. Code R. 61D-14.073 Meter Readings

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e), (i) FS. History–New 7-30-06, Amended 8-14-11, Transferred to 75-14.073.

Fla. Admin. Code R. 61D-14.074 Security Requirements, System Access, and Firewalls

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g), (i) FS. History–New 8-13-06, Amended 5-30-17, Transferred to 75-14.074.

Fla. Admin. Code R. 61D-14.075 Jackpot Payouts Not Paid Directly From the Slot Machine

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (g), (i) FS. History–New 6-25-06, Amended 6-21-10, 9-26-13, 5-30-17, Transferred to 75-14.075.

Fla. Admin. Code R. 61D-14.076 Player Tracking System

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e) FS. History–New 1-16-07, Amended 5-30-17, Transferred to 75-14.076.

Fla. Admin. Code R. 61D-14.077 Procedure for Electronic Fund Transfers

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e) FS. History–New 1-16-07, Repealed 9-12-12.

Fla. Admin. Code R. 61D-14.078 Patron Slot Machine Gaming Accounts

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e) FS. History–New 1-16-07, Repealed 9-12-12.

Fla. Admin. Code R. 61D-14.079 Resolution of Jackpot Disputes

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (i) FS. History–New 6-21-10, Transferred to 75-14.079.

Fla. Admin. Code R. 61D-14.080 Retention, Storage and Destruction of Books, Records, and Documents

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g) FS. History–New 6-25-06, Amended 9-26-13, Transferred to 75-14.080.

Fla. Admin. Code R. 61D-14.081 Monthly Remittance Reports

History

• Rulemaking Authority 550.0251(2), 551.103(1), 551.122 FS. Law Implemented 550.0251(2), 551.103(1)(d), (g), 551.106(3) FS. History–New 7-30-06, Amended 9-26-13, Transferred to 75-14.081.

Fla. Admin. Code R. 61D-14.082 Annual Financial Report

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e), (g) FS. History–New 6-25-06, Amended 5-30-17, Transferred to 75-14.082.

Fla. Admin. Code R. 61D-14.083 Compliance with Federal Reporting Requirements

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g), (i) FS. History–New 6-25-06, Repealed 9-12-12.

Fla. Admin. Code R. 61D-14.085 Records Regarding Ownership

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (g) FS. History–New 6-25-06, Transferred to 75-14.085.

Fla. Admin. Code R. 61D-14.086 Annual Compliance Audit

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g), 551.104(8) FS. History–New 6-25-06, Repealed 9-26-13.

Fla. Admin. Code R. 61D-14.0861 Annual Compliance Audit

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g), 551.104(8) FS. History–New 5-30-17, Transferred to 75-14.0861.

Fla. Admin. Code R. 61D-14.087 Variance Reports and Response to Division Reports and Audits

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (g), 551.104(8) FS. History–New 6-25-06, Amended 6-21-10, Transferred to 75-14.087.

Fla. Admin. Code R. 61D-14.090 Prohibited Acts

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(d), (e), (g), (h), (i), (2), (3), (4) FS. History–New 6-25-06, Transferred to 75-14.090.

Fla. Admin. Code R. 61D-14.091 Jobs Compendium Requirement

History

• Rulemaking Authority 551.103, 551.122 FS. Law Implemented 551.103 FS. History–New 3-27-08, Repealed 9-12-12.

Fla. Admin. Code R. 61D-14.092 Content of Jobs Compendium

History

• Rulemaking Authority 551.103, 551.122 FS. Law Implemented 551.103 FS. History–New 3-27-08, Repealed 9-12-12.

Fla. Admin. Code R. 61D-14.094 Department Agreement to the Minimum Critical Staff Level (MCSL) List Requirement for Security and Surveillance

History

• Rulemaking Authority 551.103, 551.122 FS. Law Implemented 551.103 FS. History–New 3-27-08, Repealed 9-12-12.

Fla. Admin. Code R. 61D-14.096 Requirement for Shipment of All Slot Machines and Software Components

History

• Rulemaking Authority 551.103(1), 551.109(2)(a), (b), 551.122 FS. Law Implemented 551.103(1)(c), (e), (i), 551.109(2)(a), (b) FS. History–New 6-21-10, Amended 5-30-17, Transferred to 75-14.096.

Fla. Admin. Code R. 61D-14.097 Responsibility for Control of Slot Machine or Slot Machine Component Shipment

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (e), (i), 551.109(2)(a), (b) FS. History–New 6-21-10, Amended 5-30-17, Transferred to 75-14.097.

Fla. Admin. Code R. 61D-14.098 Slot Machine Seal

History

• Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (e), (i) FS. History–New 6-21-10, Amended 5-30-17, Transferred to 75-14.098.

Fla. Admin. Code R. 61D-14.200 Educational or Training Facilities

History

• Rulemaking Authority 551.103(1), 551.109(2)(b), 551.122 FS. Law Implemented 551.103(1)(a), (b), (d), (e), (g), (i), (2), 551.107(2)(a)3., 551.109(2)(a), (b), 849.15(2) FS. History–New 9-26-13, Transferred to 75-14.200.

Fla. Admin. Code R. 61D-14.203 Certified Educational Facility License Application

History

• Rulemaking Authority 550.0251(2), 551.103(1), 551.109(2)(b), 551.122 FS. Law Implemented 550.0251(2), 551.103(1)(a), (b), (d), (e), (g), (i), (2), 551.107(4)(a), 551.109(2), (a), (b), 559.79(2) FS. History–New 9-26-13, Transferred to 75-14.203.

Chapter 61D-15 Pari-Mutuel Facility Slot Machine Operations - Forms

Fla. Admin. Code R. 61D-15.001 Incorporated and Approved Forms

History

• Rulemaking Authority 551.103, 551.1045, 551.114, 551.122 FS. Law Implemented 551.103, 551.104, 551.1045, 551.106, 551.107, 551.114, 551.118, 559.79(2) FS. History–New 7-5-06, Amended 6-21-10, Repealed 3-29-15.

Division 61F6 Division of Physical Therapy-Procedure and Administrative Hearings

Chapter 61F6-9 Procedure and Administrative Hearings

Fla. Admin. Code R. 61F6-9 Procedure and Administrative Hearings

CHAPTER 61F6-9 DIVISION OF PHYSICAL THERAPY – PROCEDURE AND ADMINISTRATIVE HEARINGS 61F6-9.018 Organization (Repealed) 61F6-9.020 Delegation of Powers and Duties to Physical Therapy Council (Repealed) 61F6-9.021 Model Rules of Procedure (Repealed) 61F6-9.022 Declaratory Statement(Repealed) 61F6-9.018 Organization. Rulemaking Authority 120.53(1), 486.025(1) FS. Law Implemented 120.53(1), 455.207, 486.025(2) FS. History-New 12-4-86, Formerly 21M-9.018, Repealed 9-1-10. 61F6-9.020 Delegation of Powers and Duties to Physical Therapy Council. Rulemaking Authority 486.025(2) FS. Law Implemented 486.025(2), 486.041 FS. History-New 8-6-84, Amended 9-9-85, Formerly 21M-9.20, 21M-9.020, Repealed 9-1-10. 61F6-9.021 Model Rules of Procedure. Rulemaking Authority 120.53(1)(c) FS. Law Implemented 120.53(1)(c) FS. History-New 8-6-84, Formerly 21M-9.21, 21M-9.021, Repealed 9-1-10. 61F6-9.022 Declaratory Statement. Rulemaking Authority 120.565 FS. Law Implemented 120.565 FS. History-New 8-6-84, Formerly 21M-9.22, 21M-9.022, Repealed 9-1-10.

Division 61N Drugs, Devices and Cosmetics

Chapter 61N-1 REGULATIONS FOR DRUGS, DEVICES AND COSMETICS

Fla. Admin. Code R. 61N-1.001 General Regulations; Definitions

(1) A word or phrase defined in the federal Food, Drug, and Cosmetic Act as defined in Section 499.002(1)(b), F.S., shall have the same meaning as in those provisions unless specifically defined otherwise in Chapter 499, F.S., or rule Chapter 61N-1, F.A.C.

(2) In addition to definitions contained in Sections 499.003, 499.028(1), 499.029(3), and 499.61, F.S., the following definitions apply to Chapter 499, F.S., and to Chapters 61N-1 and 61N-2, F.A.C.:

(a) “Administer” or “administration” – means the direct application or introduction of a single dose of drugs by a legally authorized person to or into the body of an individual human or animal patient whether by injection, inhalation, ingestion or any other means.

(b) “Authorized absence” – means, for purposes of Section 499.012(16)(d)3., F.S., the physical absence of the designated representative from the permitted establishment, for a cumulative 60 calendar days in any 365 calendar day period for situations such as: the birth of the employee’s child and to care for the newborn child; the placement of a child with the employee for adoption or foster care; the care of a family member (child, spouse, or parent) with a health condition, where the employee is needed to care for the family member; or the employee’s own serious health condition makes the employee unable to perform the functions of the designated representative.

(c) “Authorized recipient” – means a person permitted by or otherwise authorized by Florida law, or by the law of the jurisdicition in which the person receives the prescription drugs, to purchase, own, receive or possess those prescription drugs. The term includes:

1. Any pharmacy licensed pursuant to Chapter 465, F.S., except a Class I Institutional Pharmacy since it is only authorized to possess dispensed prescription drugs and medical oxygen for administration to its patients,

2. Any person who is authorized by the law where the delivery occurs to purchase, own, receive or possess prescription drugs, or

3. A licensed ship captain, first officer, or designated medical officer for a vessel engaged in international trade or in trade between ports of the United States or for any merchant vessel belonging to the U.S. Government. The prescription drugs must be intended solely for emergency medical purposes and the wholesale distributor must deliver the prescription drugs directly to the ship or transfer possession to the appropriate ship’s officer as near to the ship as permitted by state and federal law.

(d) “Broker” – means a person participating in the wholesale distribution of a prescription drug by buying, purchasing, or otherwise taking ownership of or title to the prescription drug and selling or transferring, or offering to sell or transfer, ownership of or title to the prescription drug to a person other than the patient or the patient’s agent without taking physical possession of the prescription drug.

(e) “Change in Ownership” – means that there has been a transfer or assignment of a majority of the direct ownership or controlling interest of a permitted establishment or that a lessee of a permitted establishment agrees to or becomes legally liable for the operation of the establishment. A transfer or assignment of a majority of direct ownership or controlling interest of a permitted establishment occurs where an event or other transaction occurs and the result of such event or transaction is that more than 50% of the ownership interest or controlling interest of the permitted establishment resides with a person who prior to the event or transaction did not own or control more than a 50% ownership interest in the permitted establishment. A change in the permitted establishment’s federal identification number or the taxpayer identification number is indicative of a change in ownership, but is not dispositive; a change of ownership could occur where the federal identification number or the taxpayer identification number does not change. For a publicly traded corporation, the changing of officers or directors is not a change in ownership nor is the change in ownership of a parent company provided that such change does not result in more than a 50% change in the ownership or controlling interest of any permitted establishment.

(f) “Chief Executive Officer” – means the owner or the highest ranking offical of a corporation, company, or business.

(g) “Electronic signature” – means a method of signing an electronic message that identifies a particular person as the source of the message and indicates the person’s approval of the information contained in the message.

(h) “Established safe and effective indication” – means any indication that has been approved as safe and effective by the FDA, which is generally recognized as safe and effective under conditions established by the FDA, or which is otherwise in compliance with FDA’s regulations.

(i) “FDA” – means the United States Food and Drug Administration.

(j) “Intracompany transfer” – means, pursuant to Section 499.003(34), F.S., a distribution of a specific unit of a prescription drug between two establishments wholly owned and operated by the same business entity.

(k) “Legend Device or Restricted Device” – means any device which can be dispensed only by the prescription or order of a licensed practitioner and which device on its label bears either the words: “Caution: Federal Law restricts this device to sale by or on the order of a ________,” the blank to be filled with the word “physician,” “dentist,” “veterinarian,” or with the descriptive designation of any practitioner licensed by law to use or prescribe the device; “Caution: Federal Law prohibits dispensing without prescription; “Rx Only;” or “Caution: Florida Law prohibits dispensing without prescription.”

(l) “Minimal quantities” for the purpose of distribution of prescription drugs by a licensed retail pharmacy to a licensed practitioner for office use in compliance with Chapter 465, F.S., pursuant to Section 499.003(48)(m), F.S., means the total annual dollar volume of prescription drugs sold does not exceed five percent of the total dollar volume of that pharmacy’s annual prescription drug sales.

(m) “Point of origin” – means the location from which the manufacturer transfers title, and the location from which the manufacturer transfers possession, if different, of the specific unit of the prescription drug being transferred or sold.

(n) “Practitioner” means a person who is duly licensed and authorized by laws of the state to administer, prescribe, or dispense, as appropriate, a drug or device for medical purposes.

(o) “Principal address” or “principal business address” means the person’s primary place of business.

(p) “Product” – anything produced or made either naturally or artificially.

(q) “Propagation” of a drug – means, as used under the definition of “manufacture” at Section 499.003(29), F.S., for purposes of permitting under Section 499.012, F.S., the holder or holders of a New Drug Application (NDA), an Abbreviated New Drug Application (ANDA), a Biologics License Application (BLA) or a New Animal Drug Application (NADA), provided that such application has become effective or is otherwise approved consistent with Section 499.023, F.S.; a private label distributor for whom the private label distributor’s prescription drugs are originally manufactured and labeled for the distributor and have not been repackaged; or the distribution point for the manufacturer, contract manufacturer or private label distributor whether the establishment is a member of the manufacturer’s affiliated group or is a contract distribution site.

(r) “Provides prescription services to the public” – means, for the purposes of the retail pharmacy wholesaler permit, holding the pharmacy out to the public through prominently displayed pharmacy signs on the exterior of the building and adequate inventory on hand to fill a variety of prescriptions for a variety of medical conditions that would be required by the public generally.

(s) “Readily available” and “readily retrievable” mean that records, either hard copy or computerized, are organized in such a manner that they can be quickly and easily retrieved during an inspection; individual records can be produced within minutes of the request (unless the permitted address is not within the state in which case a 48 hour timeframe is available for producing records). Required records that are kept by automatic data processing systems or other electronic or mechanized recordkeeping systems are kept in such a manner so that they can be separated out from all other records in a reasonable time.

(t) “Regular and systematic supplying of a drug” for the purpose of distributions of prescription drugs between licensed pharmacies operating in end-stage renal dialysis clinics pursuant to Section 499.01(2)(h)5., F.S., means the distribution of that prescription drug where the receiving pharmacy:

1. Has failed to establish a written policy and procedure for forecasting the pharmacy’s prescription drug inventory needs based on the pharmacy’s historical prescription drug dispensing records,

2. Has failed to establish and maintain an inventory of prescription drugs based on historical prescription drug dispensing records; and,

3. Has implemented a business practice where a prescription drug shortage is resolved primarily by obtaining prescription drugs from another pharmacy under common ownership.

(u) “Repackaging or otherwise changing the container, wrapper, or labeling to further the distribution” means:

1. Altering a packaging component that is or may be in direct contact with the drug, device, or cosmetic. For example, repackaging from bottles of 1,000 to bottles of 100.

2. Altering a manufacturer’s package for sale under a label different from the manufacturer. For example, a kit that contains an injectable vaccine from manufacturer A; a syringe from manufacturer B; alcohol from manufacturer C; and sterile gauze from manufacturer D packaged together and marketed as an immunization kit under a label of manufacturer Z.

3. Altering a package of multiple-units, which the manufacturer intended to be distributed as one unit, for sale or transfer to a person engaged in the further distribution of the product. This does not include:

a. Selling or transferring an individual unit which is a fully labeled self-contained package that is shipped by the manufacturer in multiple units, or

b. Selling or transferring a fully labeled individual unit, by adding the package insert, by a person authorized to distribute prescription drugs to an institutional pharmacy permit, health care practitioner or emergency medical service provider for the purpose of administration and not for dispensing or further distribution.

(v) “Rx” – means prescription.

(w) “Sale” – includes any transfer of title or ownership whether by barter, exchange or gift.

(x) “Separate and distinct cosmetic product” – means a cosmetic product for that establishment which is, or will be sold, distributed, or given away. The adding of color, flavor, or scents does not make a separate and distinct cosmetic product for each variation.

(y) “Separate and distinct device product” – means a device product in its finished form for that manufacturer which is, or will be sold, distributed, or given away. The function or use of the device determines whether a device is separate and distinct.

(z) “Separate and distinct drug product” – means a drug product in the finished form and strength for that manufacturer which is, or will be sold, distributed or given away.

(aa) “Specific unit of a prescription drug” – means the individual saleable unit of a specific prescription drug being transferred or sold, which is capable of being serialized to contain its own serial number, which drug is identified by name, strength, dosage form, container size, and lot number.

(bb) “State Current Good Manufacturing Practices” means current good manufacturing practices and quality system regulations as prescribed as of 6/1/2015 in Title 21 Code of Federal Regulations, Parts 210, 211, 212, 600-610, and 820, and the federal guidelines which are incorporated by reference herein and made a part of this rule, https://www.flrules.org/Gateway/reference.asp?No=Ref-06161, and the requirements of this chapter. Current good manufacturing practices for cosmetics means the requirements for manufacturing cosmetics as set forth in Rule 61N-1.010, F.A.C.

(cc) “Unapproved new drug” – means any drug which has not been approved or otherwise authorized for use under the federal act, 21 U.S.C. ss. 301 et seq., and the regulations promulgated thereunder or which does not have a Notice of Claimed Investigational Exemption on file with the United States Food and Drug Administration.

(dd) “Unused drug delivery vehicle” means a vehicle that: a) is used for prescription drug wholesale distributions or for distributions subject to a restricted prescription drug distributor’s permit; b) contains prescription drugs; and c) is not being used to make deliveries. A duly permitted distributor’s vehicle that exclusively contains non-Schedule I, II, or III controlled substance prescription drugs held for destruction is not included within this definition.

(ee) “Usual course of business as carriers” – means for purposes of commercial airlines, the purchase, receipt, distribution and storage of prescription drugs for emergency medical reasons, which includes:

1. The transportation of a prescription drug aboard a commercial aircraft where the drug is required by 14 CFR s. 121.803 (and appendix A to 14 CFR part 121), to be on board the aircraft as part of an approved emergency medical kit; and,

2. The purchase of the prescription drug by the commercial airline, and receipt of the prescription drug by the commercial airline at an establishment operated by the airline, provided that, the prescription drug is sold and provided to the commercial airline by a person and establishment that is licensed to engage in wholesale distribution of prescription drugs. The recordkeeping requirements of subsections 61N-1.012(1), (2), F.A.C., apply to all distributions of prescription drugs under this sub-sub paragraph. In all such distributions to commercial airlines, the recipient’s license number shall be the registration number assigned to the carrier by the Federal Aviation Administration.

(ff) “Valid client-veterinarian relationship” – means one in which (1) a veterinarian has assumed the responsibility for making medical judgments regarding the health of an animal and the need for medical treatment, and the client (the owner or other caretaker of the animal or animals) has agreed to follow the instructions of the veterinarian; (2) there is sufficient knowledge of the animal(s) by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal(s); and (3) the veterinarian is readily available for follow-up in case of adverse reactions or failure of the regimen of therapy. Such a relationship can exist only when the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal(s) by virtue of examination of the animal(s), and/or by medically appropriate and timely visits to the premises where the animal(s) are kept.

(gg) “Verifiable account” – means a number issued by the manufacturer to a wholesaler when the wholesaler sets up an account with the manufacturer for the purchase of a prescription drug from that manufacturer that uniquely identifies the wholesaler and that is to be used on a recurring basis.

(hh) “Wholesaler” – means a person who engages in the wholesale distribution of a prescription drug.

History

• Rulemaking Authority 499.003(48)(m), 499.024, 499.025(5), 499.01(2), (3), (4), 499.0121(6), 499.012(5), 499.012(12), 499.025, 499.03(4), 499.05 FS. Law Implemented 499.003, 499.005, 499.0054, 499.006, 499.007, 499.008, 499.009, 499.01, 499.012, 499.0121, 499.015, 499.023, 499.024, 499.025, 499.028, 499.03, 499.033, 499.035, 499.039, 499.041, 499.05, 499.051, 499.052, 499.06, 499.066, 499.067, 499.61, 499.62, 499.63, 499.64, 499.65, 499.66, 499.67, 499.71, 499.75 FS. History–New 1-1-77, Amended 12-12-82, 1-30-85, Formerly 10D-45.31, Amended 11-26-86, 2-4-93, 7-1-96, Formerly 10D-45.031, Amended 1-26-99, 4-17-01, 6-30-03, 10-7-03, 1-1-04, 1-29-04, 5-29-05, 1-19-06, 2-14-06, 8-6-06, 12-27-07, Formerly 64F-12.001, Amended 12-7-15, 10-10-16, 5-4-25.

Fla. Admin. Code R. 61N-1.006 Drugs and Devices; Labeling Requirements

(1) The department adopts and incorporates by reference the labeling requirements for prescription drugs and over-the-counter drugs as set forth in the federal act at 21 U.S.C. ss. 301 et seq. and in Title 21 Code of Federal Regulations Parts 1-1299 (as of 2/10/21), http://www.flrules.org/Gateway/reference.asp?No=Ref-13233.

(a) The label on the immediate container of each unit dose repackaged drug product or multiple unit prepackaged drug product must contain the following:

1. Brand or generic name, or both;

2. Strength of drug;

3. Dosage form;

4. Manufacturer’s name and lot number or a control number if a log is maintained which cross references the control number with the manufacturer’s name and lot number; and

5. Expiration date.

(b) An authorized practitioner dispensing complimentary prescription drugs to his own patients may dispense them in the manufacturer’s package which shall also include the practitioner’s name, the patient’s name and the date dispensed. If complimentary prescription drugs are not dispensed in the manufacturer’s labeled package, they shall be dispensed in a container which bears a label containing the following:

1. Practitioner’s name and address;

2. Patient’s name;

3. Date dispensed;

4. Name and strength of drug;

5. Directions for use; and

6. Expiration date.

(c) A Veterinary Legend Drug Retail establishment shall attach a label to the original, sealed manufacturer’s container in a manner which leaves the manufacturer’s labeling intact and legible, upon the sale of a veterinary legend drug to a consumer. The label shall bear the following:

1. Name, address and veterinary legend drug retail establishment number;

2. Prescribing veterinarian’s name;

3. Name of the animal or kennel name if so authorized;

4. Date prescription filled or refilled;

5. Prescription number or other prescription identification adequate to readily identify the prescription; and

6. Directions for use.

(2) The department adopts and incorporates by reference the labeling requirements for medical devices as set forth in the federal act at 21 U.S.C. ss. 301 et seq. and in Title 21 Code of Federal Regulations Parts 800-895 (as of 4/26/21), incorporated by reference in subsection (1) of this rule.

History

• Rulemaking Authority 499.01, 499.05 FS. Law Implemented 499.01, 499.007 FS. History–New 1-1-77, Amended 12-12-82, 7-8-84, Formerly 10D-45.39, Amended 11-26-86, 7-1-96, Formerly 10D-45.039, Amended 1-26-99, 4-17-01, 1-1-04, Formerly 64F-12.006, Amended 9-22-22.

Fla. Admin. Code R. 61N-1.007 Compressed Medical Gases

(1) Each compressed medical gases manufacturer or medical oxygen retailer who manufactures or refills compressed medical gases must comply with the current good manufacturing practice regulations for drug products promulgated by the FDA in 21 C.F.R. Parts 200-299 and the “Compressed Medical Gases Guideline” issued by the Center for Drug Evaluation and Research, FDA in February 1989, which are incorporated by reference herein. Deviations from these requirements authorized in writing by the FDA will be recognized by the department when determining compliance with current good manufacturing practices for compressed medical gases.

(2) Each compressed medical gases manufacturer or medical oxygen retailer that refills tanks must establish and follow detailed written procedures covering: production and process controls; training; prefill, fill and post-fill operations; analytical testing; labeling procedures; calibration and maintenance of equipment; distribution; testing and approval or rejection of drug product containers and closures; recall procedures; recordkeeping; and complaint files.

(3) Labels and Labeling. In those instances where the FDA has not promulgated a final regulation related to labeling of a compressed medical gas, the label must include the general requirements of: name and address of the manufacturer or distributor; established name of the gas; contents in terms of the volume of gas in liters or cubic feet at specified temperature and 1 atmosphere of pressure; lot number; statement of ingredients (for mixtures); directions for use statement; applicable warning statements; and the prescription statement. Although oxygen intended to treat a medical condition is regarded as a prescription drug, the FDA has not objected to emergency use oxygen being marketed without a prescription. If Oxygen U.S.P. is sold for emergency use, then the label is required to contain the statement: “For emergency use only when administered by properly trained personnel for oxygen deficiency and resuscitation. For all other medical applications, prescription statement”. The prescription statement is “Rx Only” or the prescription symbol followed by the word “Only.” All prescription medical oxygen must also include the following:

(a) If the container is disposable, the label must bear the statement “Disposable Container. Federal Law Prohibits Refilling. Do Not Puncture or Discard Container into Fire or Incinerator.”

(b) If the container is non-disposable and may be refilled, the label must bear the statement “Federal Law Requires that this Container be Refilled with Oxygen U.S.P. Only by Establishments Registered as a Drug Producer in accordance with the Federal Food, Drug, and Cosmetic Act.”

(c) A statement whether the oxygen was produced by the air-liquefaction process;

(d) The warning statement shall be: “Warning – uninterrupted use of high concentrations of oxygen for more than five hours may be harmful. Do not attempt to use on patients who have stopped breathing, unless used in conjunction with resuscitative equipment. Keep Out of Reach of Children. Contents under high pressure and can vigorously accelerate combustion. Keep free from oil and grease. Do not use or store near heat or open flame and use only with equipment conditioned for oxygen service.”

History

• Rulemaking Authority 499.05, 499.85 FS. Law Implemented 499.006, 499.007, 499.013, 499.81, 499.83, 499.91 FS. History–New 7-1-96, Formerly 10D-45.0442, Amended 1-26-99, 1-1-04, Formerly 64F-12.007.

Fla. Admin. Code R. 61N-1.008 Complimentary Human Prescription Drug Samples: Distribution and Disposal

(1) Charitable Donations of Prescription Drug Samples. A physician or other authorized recipient of prescription drug samples may donate samples received according to Section 499.028, F.S., to a Restricted Prescription (Rx) Drug Distributors – Charitable Organization permittee; to a charitable institution in this state for administration or dispensing by the charitable institution provided the charitable institution is otherwise licensed to administer or dispense prescription drugs; or to a charitable organization outside of this state that is licensed by that state, if so required. The donation and transfer, however, must be made in accordance with these provisions and the laws or regulations of other applicable jurisdictions.

(a) The donation must be freely given and not encumbered by any expressed or implied requirement or expectation of reimbursement or payment of any kind so as not to constitute a sale, purchase, or trade.

(b) A donated sample must be suitable for use, i.e., not misbranded or adulterated and must be in its original, unopened package with its labeling intact.

(c) A complete and accurate donation record must be prepared and maintained by the donor and recipient. The donation record shall include the elements set forth in subsection 61N-1.012(15), F.A.C.:

(d) The recipient charitable organization shall provide the donor with a written certification that the recipient charitable organization is in conformity with all requirements of the state and federal regulations affecting receipt of prescription drug samples.

(2) Disposal. All complimentary or sample packages of prescription drugs which are expired shall be returned to the manufacturer or distributor. Complimentary or sample packages of prescription drugs which are otherwise unsuitable for the purpose of administering or dispensing may be returned to the manufacturer or distributor or may be destroyed in accordance with the provisions of subsection (4). Prescription drug samples may be sent to a reverse distributor if the manufacturer of the sample has authorized the reverse distributor to handle that manufacturer’s prescription drug sample returns.

(3) Complimentary or sample packages of prescription drugs returned to the manufacturer or distributor from which obtained or to a reverse distributor acting on behalf of the manufacturer, must be documented with records which include the date of the return; the name, form and quantity of the substance by lot number; the name, address, and license or permit number, of the person making the return; and the name, address, and license or permit number, of the manufacturer or person to whom the prescription drug samples are returned.

(4) The destruction of complimentary or sample packages of prescription drugs which may be destroyed must be documented with a complete inventory identifying the items destroyed and a notation on the inventory as to the date and method of destruction.

History

• Rulemaking Authority 499.01, 499.0121, 499.028, 499.05 FS. Law Implemented 499.028 FS. History–New 12-12-82, Amended 7-8-84, Formerly 10D-45.445, Amended 11-26-86, 2-4-93, 7-1-96, Formerly 10D-45.0445, Amended 1-26-99, 4-17-01, Formerly 64F-12.008.

Fla. Admin. Code R. 61N-1.009 Cosmetic Labeling Requirements

The department adopts and incorporates by reference the labeling requirements for cosmetics as set forth in the federal act at 21 U.S.C. ss. 321, 331, and 361-363 and in Title 21 Code of Federal Regulations https://www.flrules.org/Gateway/reference.asp?No=Ref-13234 Parts 700-740 (as of 3/18/21).

History

• Rulemaking Authority 499.05 FS. Law Implemented 499.008, 499.009 FS. History–New 1-1-77, Amended 12-12-82, Formerly 10D-45.48, Amended 7-1-96, Formerly 10D-45.048, Amended 1-26-99, 4-17-01, 1-1-04, Formerly 64F-12.009, Amended 9-22-22.

Fla. Admin. Code R. 61N-1.010 Requirements for Manufacturing Cosmetics

(1) All persons who manufacture or relabel cosmetics in Florida must follow the minimum requirements for manufacturing contained in this section to help assure product safety and quality. If a person does not engage in all phases of cosmetic manufacturing, that person need only comply with paragraphs applicable to those operations in which the person is engaged.

(a) As used in this section, “good manufacturing practice” means that part of quality assurance aimed at ensuring that products are consistently manufactured to a quality appropriate to their intended use. It is thus concerned with both manufacturing and quality control procedures.

(b) As used in this paragraph, “internal audit” means a systematic and independent examination made by competent personnel inside the company, the aim of which is to determine whether activities covered by these rules and related results comply with planned arrangements and whether these arrangements are implemented effectively and are suitable for achieving objectives.

(c) As used in this paragraph, “standard operating procedure” means instructions on how to perform tasks and descriptions of the approved or required procedures for accomplishing specific quality assurance objectives.

(2) Buildings and facilities requirements.

Buildings and facilities used for manufacture, processing, packaging, or relabeling of cosmetics must:

(a) Be constructed and maintained in a clean and orderly manner to prevent selection errors (i.e., mix-ups) or cross contamination between consumables, raw materials, intermediate formulations (i.e., in-process materials), and finished products (this applies to containers, closures, labels and labeling materials as well);

(b) Be free of filth and infestation by rodents, birds, insects, and other vermin;

(c) Have a designated quarantine area for the storage of products that are suspected of being contaminated, adulterated, or otherwise potentially injurious to users;

(d) Have floors, walls, and ceilings constructed of smooth, easily cleanable surfaces;

(e) Have adequate lighting and ventilation, and, if necessary for control purposes, screening, filtering, dust, humidity, temperature, and bacteriological controls;

(f) Have washing, cleaning, plumbing, toilet, and locker facilities to allow for:

1. Sanitary operation;

2. Cleaning of facilities, equipment and utensils; and,

3. Personal cleanliness; and,

(g) Have fixtures, ducts, pipes, and drainages installed to prevent condensate or drip contamination.

(3) Equipment requirements.

Equipment, machinery and utensils used in manufacturing, processing, packaging, or relabeling of cosmetics must be specifically designed and constructed for the intended purpose to prevent corrosion, accumulation of static material, and adulteration with lubricants, coolants, dirt, and sanitizing agents. The equipment must be:

(a) Maintained in a clean and orderly condition, sanitized at appropriate times, and stored in a manner that protects against splash, dust, and other contaminants;

(b) Constructed to facilitate adjustment, cleaning, and maintenance;

(c) Constructed to ensure accurate measuring, mixing, and weighing operations;

(d) Calibrated regularly or checked according to a standard operating procedure with results documented; and,

(e) Removed from use if it is defective, does not meet recommended tolerances, or cannot be repaired and calibrated immediately.

(4) Personnel requirements.

(a) Personnel supervising or performing cosmetics manufacturing must have the education, training, experience, or combination thereof, to perform their assigned functions.

(b) Personnel coming in direct contact with cosmetic raw materials, in-process materials, finished products, or contact surfaces must wear clean clothing appropriate for the duties they perform and necessary protective apparel (for example, uniforms, gloves, safety glasses, and hair restraints).

(c) Personnel must maintain adequate personal cleanliness, and be free from abnormal sources of microbiological contamination (for example, sores and infected wounds).

(d) Eating food, drinking beverages, or using tobacco must be restricted to designated areas away from storage and processing areas.

(e) All personnel and visitors must be supervised while in the manufacturing facility.

(f) Only authorized personnel shall be allowed access into production, storage, and product control areas.

(5) Raw materials requirements.

Raw materials must be identified, stored, examined, tested, inventoried, handled, and controlled. In particular, raw materials must be:

(a) Stored and handled to prevent mistakes (i.e., mix-ups or selection errors), contamination with microorganisms or other chemicals, and degradation from exposure to excessive environmental conditions (e.g., heat, cold, sunlight, moisture, etc.);

(b) Held in closed containers and stored off the floor;

(c) Maintained in containers that are labeled with the identity, lot number, and control status (release or quarantine);

(d) Sampled and tested for conformance with specifications and to ensure the absence of filth, microorganisms, and other adulterants prior to processing or usage; and,

(e) Specifically identified and controlled to prevent the use of materials that would be injurious to users if such material were incorporated into a cosmetic product and such product were used under the conditions of use prescribed in the labeling or advertisement of the product or under such conditions as are customary or usual.

(6) Water requirements.

(a) There must be established procedures for ensuring that the water used as a cosmetic ingredient is being tested or monitored regularly.

(b) The entire system for supplying water used as a cosmetic ingredient must be set up to avoid stagnation and risks of contamination (this system shall be routinely cleaned and sanitized according to a standard operation procedure that ensures no biofilm build-up).

(7) Product requirements.

Cosmetic manufacturers shall develop and maintain written manufacturing and control standard operating procedures addressing formulations, processing instructions, in-process control methods, packaging instructions, and instructions for operating equipment; the procedures must include provisions to ensure that:

(a) The selection, weighing, and measuring of raw materials and the determination of finished yield are verified;

(b) Major equipment, transfer lines, containers and tanks used for processing, holding, or filling are identified to indicate contents, batch identification or designation, stage of processing and control status;

(c) There are measures to prevent contamination with microorganisms, chemicals, filth, or other extraneous material;

(d) There are in-process controls to ensure product uniformity, integrity (for example, in-process batch weights), accurate fill of mixing containers, and adequacy of mixing;

(e) The tamper-resistant packaging and labeling for liquid oral hygiene products and vaginal products meet the requirements of 21 CFR 700.25;

(f) The storage and handling of packaging materials that are intended to come into direct contact with the product prevent selection errors and microbiological or chemical contamination; and,

(g) Finished product packages bear permanent, unique lot or control numbers and there is a coding system that corresponds to these numbers.

(8) Laboratory controls.

Cosmetic manufacturers shall develop and maintain laboratory controls addressing sample collection techniques, product development specifications, test methods, laboratory equipment, and technician qualifications; the laboratory controls shall include provisions to ensure that:

(a) Raw materials (including water), in-process and finished product samples are tested or examined for identity and compliance with applicable specifications (for example, physical and chemical properties), microbial contamination, and hazards or other chemical contamination; and,

(b) Returned cosmetics are examined for deterioration, contamination, and compliance with the manufacturer’s product development specifications.

(9) Internal audit requirements.

Cosmetic manufacturers must have internal audit procedures that ensure:

(a) Internal audits are conducted randomly and on demand for a specific reason;

(b) Internal audits are conducted by individuals who do not have direct responsibility for the matters being audited;

(c) All observations made during the internal audit are evaluated and shared with management, production, quality control, and lab personnel who are responsible for developing and implementing corrective measures; and,

(d) Internal audit follow-up confirms the completion or implementation of corrective actions.

(10) Complaints, adverse events and recall requirements.

Cosmetic manufacturers must have standard operating procedures sufficient to:

(a) Facilitate the receipt, processing, evaluation and follow up on written and oral complaints;

(b) Facilitate the identification and retrieval of reported adverse incidents involving allegations of bodily injury or harm;

(c) Facilitate the effective and efficient identification and recall of products, including market withdrawal; and,

(d) Ensure notification of adverse incidents and product recalls to state and federal regulatory agencies; such notification shall be no later than 30 calendar days of receipt of the adverse incident and no later than 10 calendar days where the manufacturer has declared a product recall.

History

• Rulemaking Authority 499.05 FS. Law Implemented 499.05, 499.008, 499.009 FS. History–New 7-1-96, Formerly 10D-45.0505, 64F-12.010, Amended 7-5-15.

Fla. Admin. Code R. 61N-1.011 Wholesale Distribution of Prescription Drugs – Exceptions and Specific Distributions Authorized

(1) The exemption from the definition of wholesale distribution in Section 499.003(48)(b)2., F.S., for “emergency medical reasons” includes:

(a) Transfers of a prescription drug between health care entities or from a health care entity to a retail pharmacy to alleviate a temporary shortage of a prescription drug arising from delays in or interruption of regular distribution schedules, and should not occur between the parties so as to amount to the health care entity regularly and systematically supplying that drug;

(b) Transfers of prescription drugs by a health care entity to an emergency transport vehicle which is under the direction of a medical director of an emergency medical service provider licensed under Chapter 401, F.S., for use in the treatment of persons transported to that health care entity to immediately restock a licensed vehicle or an emergency medical kit for prescription drugs used on that person or to immediately restock prescription drugs on the vehicle which have become unsuitable for use. This exception does not extend to the stocking of supply inventory or for warehousing of prescription drugs used by emergency medical service providers;

(c) Emergency transfers of prescription drugs as authorized in Rule 59A-4.112, F.A.C., for nursing homes or Rule 64B16-28.6021, F.A.C., of the Florida Board of Pharmacy; or

(d) Transfers of prescription drugs by a retail pharmacy to another retail pharmacy or to a health care entity to alleviate a temporary shortage, but not for the regular and systematic supplying of that prescription drug;

(e) Transfers of prescription drugs in an emergency declared pursuant to Section 252.36, F.S., until the state of emergency is lifted, under the following conditions:

1. The manufacturer, wholesaler, or other person supplying the prescription drugs is authorized by Florida law to distribute prescription drugs in or into Florida; and either:

a. The prescription drugs are delivered to a temporary emergency medical station, officially designated by the state emergency operation center as a Disaster Medical Assistance Team or State Medical Response Team site; or

b. The prescription drugs are delivered to a Pharmacy licensed under Chapter 465, F.S.;

2. The prescription drugs are transferred by a prescription drug wholesale distributor located outside of this state and not permitted by the Department on behalf of a prescription drug wholesale distributor located in the State of Florida for the purposes of supplying prescription drugs to authorized customers located in Florida, if the out-of-state prescription drug wholesale distributor meets the following conditions:

a. The out-of-state prescription drug wholesale distributor holds a current and active license as a wholesale distributor in its resident state, or is currently licensed as a prescription drug wholesale distributor pursuant to the federal act; and

b. The Florida prescription drug wholesale distributor holds a current and active prescription drug wholesale distributor permit with the Department; and

c. Both the in-state and out-of-state prescription drug wholesale distributors are under common ownership. For the purposes of this subsection, “common ownership” means that one prescription drug wholesale distributor owns the other prescription drug wholesale distributor or both prescription drug wholesale distributors share a common owner or ultimate parent company that has the authority to control the management and operations of both entities; and

d. The permitted Florida prescription drug wholesale distributor shall be responsible for ensuring the activities of the out-of-state prescription drug wholesale distributor conducted in Florida on its behalf during the state of emergency are in compliance with applicable Florida and federal requirements; and

e. The distributions of prescription drugs pursuant to this section shall terminate no more than thirty (30) days after the expiration of the state of emergency.

(f) Transfers of prescription drugs from a health care entity to a pharmacy or other end-user practitioner for a named patient to treat or prevent a serious medical condition when a shortage of the product is documented by the manufacturer;

but does not include regular and systematic sales of prescription drugs to licensed practitioners that will be used for routine office procedures.

(g) Transfers of prescription drugs by or on behalf of the Department of Health to the medical director of an advanced life support service provider, licensed under Chapter 401, Part III, F.S., and for further distribution to an emergency transport vehicle operated by the advanced life support services provider, for use in the treatment of persons in need of emergency medical services;

(h) Transfers of prescription drugs by or on behalf of the Department of Health to a health care entity authorized to purchase prescription drugs, for storage and use in the treatment of persons in need of emergency medical services, including controlling communicable diseases or providing protection from unsafe conditions that pose an imminent threat to public health;

(i) Transfers of prescription drugs by or on behalf of the Department of Health to the licensed medical director of a government agency health care entity, authorized to purchase prescription drugs, for storage and use in the treatment of persons in need of emergency medical services, including controlling communicable diseases or providing protection from unsafe conditions that pose an imminent threat to public health.

(j) Transfers of prescription drugs by or on behalf of the Department of Health to a community pharmacy authorized to purchase prescription drugs, for dispensing to persons in need of emergency medical services, including controlling communicable diseases or providing protection from unsafe conditions that pose an imminent threat to public health.

(2) The revocation of a sale or the return of a prescription drug purchased by a hospital or other health care entity, or acquired at a reduced price by or donated to a charitable institution to the manufacturer or the wholesale distributor that sold, donated, or supplied the prescription drug, is not a wholesale distribution prohibited by Section 499.005(21), F.S., provided:

(a) The hospital, health care entity or charitable institution forwards a copy of the documentation for the return to the manufacturer of the product. This documentation must at a minimum comply with the requirements of Rule 61N-1.012, F.A.C.; and

(b) The value of any credit, refund, or exchange for the returned product does not exceed the purchase price or, if a donation, the fair market price of the returned product.

(c) Prescription drugs returned or to be returned to a manufacturer or wholesale distributor must be kept under proper conditions for storage, handling, and shipping as set forth in Section 499.0121, F.S.; and written documentation showing that these conditions were or were not maintained must be provided to the manufacturer or wholesale distributor to which the prescription drugs are returned.

(3) A person authorized to possess non-dispensed prescription drugs can donate prescription drugs that are not misbranded or adulterated to a charitable organization that has been granted an exemption under s. 501(c)(3) of the Internal Revenue Code of 1986, as amended, and that is authorized to possess prescription drugs provided the transfer is not for sale or trade and the donor receives no financial benefit (except for tax benefits related to charitable contributions) either directly or indirectly. Records to document the transfer must comply with Section 499.0121(6), F.S., and paragraph 61N-1.008(2)(c), F.A.C.

(4) A person who uses prescription drugs for lawful research, teaching, or testing may obtain a registration number from the department to authorize acquisition of the requisite prescription drugs for this activity. The person must submit correspondence to the department explaining the conditions of the lawful research, teaching, or testing, along with a statement signed by the individual who will be responsible for the prescription drugs that the drugs will be secured, access will be restricted to authorized individuals, and that the prescription drugs are not for resale. If applicable, this correspondence should also identify the name in which purchases will be made, the specific prescription drug(s) required for the activity, the quantity which will ordinarily be purchased, the frequency of the purchases, and the name and state permit or license or permit number of suppliers of the prescription drugs. A letter and registration number will be assigned to the person which authorizes the purchase or other acquisition and possession of prescription drugs. This registration number must be included on invoices as required by Section 499.0121(6)(a), F.S.

History

• Rulemaking Authority 499.003(48)(b), 499.012, 499.03, 499.05 FS. Law Implemented 499.003(48)(b), 499.012, 499.03, 499.05 FS. History–New 7-1-96, Formerly 10D-45.0525, Amended 1-26-99, 4-17-01, 1-1-04, 10-4-07, 12-13-09, 6-8-10, Formerly 64F-12.011, Amended 11-24-19.

Fla. Admin. Code R. 61N-1.012 Records of Drugs, Cosmetics and Devices

(1)(a) Records to document the movement of drugs, devices or cosmetics must provide a complete audit trail from a person’s receipt or acquisition to sale or other disposition of the product or component. A complete audit trail includes records which document each transaction or step in the receipt, manufacture, shipping, transfer, or other steps in the channel of trade of that person, whether or not physical possession or handling of the product or component occurs. At a minimum, records shall consist of invoices from the supplier or source which documents acquisition of each product by the person and invoices of sale or other transfer by the person to the recipient. Retail sales transactions to the consumer of over-the-counter drugs, non-restricted devices, or cosmetics are exempt from the requirements of this rule. Additional recordkeeping is required for persons permitted by the department as further stated in this rule.

(b) A person engaged in the distribution of drugs, devices, or cosmetics is not required to maintain documentation from a common carrier that the designated recipient received the product shipped; however, the person must obtain such documentation from the common carrier and make it available to the department upon specific request of the department.

(2) Any person engaged in the manufacture of prescription drugs, the wholesale distribution of prescription drugs, or otherwise receiving or distributing prescription drugs must maintain records as follows:

(a) For each step in the channel of trade, records containing the information required by Section 499.0121(6)(a), F.S., and the Florida permit or license number which authorizes the source to possess and transfer prescription drugs in or into Florida must appear on one document. If delivery of prescription drugs is made to a person other than the purchaser, the name, address or location where the prescription drugs are delivered, and the state license, permit or registration number for that location must be included also.

(b) The state permit or registration number of the purchaser may be omitted if the prescription drugs are exported; but a validated airway bill, bill of lading or other appropriate documentation must be maintained to evidence the exportation of the product.

(c) Invoices must reflect the amount billed per prescription drug product.

(d) Records to document the distribution of prescription drugs required by Section 499.0121(6), F.S., and this rule are to be created during the transaction (i.e., at the time of order, receipt, processing, picking or shipping) and not retroactively created. A pharmacy or other person authorized to possess prescription drugs that transfers prescription drugs to an establishment performing reverse distribution services or destruction activities must prepare or have prepared an inventory or other record of the prescription drugs so transferred prior to the prescription drugs leaving the premises. In addition to the name, address, and license number of the sender and the name, address, and license number of the receiving establishment, the record must include the elements set forth in paragraph 61N-1.023(3)(a), F.A.C.

(e) Inventory. A complete and accurate record of all stock of prescription drugs on hand must be made annually by establishments permitted under Chapter 499, F.S. A physical inventory must be conducted at least annually unless perpetual inventory records are maintained, in which case the physical inventory may be conducted on a biennial basis. Significant inventory discrepancies must be investigated and handled in accordance with written policies and procedures of the establishment. In addition, no later than July 17, 2006, each wholesale distributor shall submit to the department an inventory of drugs it has on hand as of June 30, 2006.

(f) Inventory existing as of June 30, 2006. A wholesale distributor permitted under Section 499.012, F.S., that has purchased a prescription drug on or before close of business June 30, 2006, without the pedigree required by Section 499.01212, F.S., may distribute such drug provided the wholesale distributor submits to the department an inventory of such drugs no later than July 17, 2006, conforming to paragraph (2)(e), above, and provided further that such drugs are otherwise in compliance with the provisions of Sections 499.001 through 499.081, F.S. Inventories shall be submitted to the department in written form, email, facsimile, or electronic media excluding a web page. The department will consider the submittal to be a trade secret as defined by Section 812.081(1)(c), F.S., provided that the sending wholesale distributor complies with the requirements of subsections 61N-1.021(1) and (2), F.A.C.

(3) Pedigree Papers.

(a)1. The pedigree papers required by Section 499.01212, F.S., must include either the proprietary name or the generic name with the name of the manufacturer, repackager, or distributor as reflected on the label of the product; dosage form; strength; container size; quantity by lot number; the name and address of each owner of the prescription drug that is required to be identified on the pedigree paper; the name and address of each location from which it was shipped if different from the owner’s; and the transaction dates. The pedigree paper must clearly identify the invoice to which it relates; however, if an invoice number has not been generated at the time the pedigree is prepared then an alternate reference number that is easily traceable to the invoice number may be used.

2. A copy of the pedigree paper must be maintained by each wholesale distributor preparing a pedigree paper and by each recipient. This copy may be maintained in an electronic medium that is readily available and easily accessible to the wholesale distributor preparing the pedigree paper; each recipient; and authorized federal, state, and local regulators or law enforcement. If a wholesale distributor serves as the repository of its customer’s pedigree, the wholesale distributor must specify on the customer’s invoice or other distribution document the method for immediately accessing all pedigrees associated with each prescription drug distributed and must enable access by the persons listed above for the duration of the applicable records retention period.

(b) If a wholesale distributor uses the statement contained in Section 499.01212, F.S., “This establishment or a member of my affiliated group purchased the specific unit of the specified drug directly from the manufacturer” the wholesale distributor must provide to the department the names of all members of the affiliated group of which the wholesale distributor is a member and the affiliated group must provide records on prescription drug purchases by the members of the affiliated group not later than 48 hours after the department requests access to such records, regardless of the location where the records are stored.

(c) Beginning July 1, 2006, “Pedigree Paper (Distribution History of Prescription Drugs),” either Form DBPR 2129 effective July 2006, which is incorporated by reference herein, or an electronic record that contains all the elements of Form DBPR 2129 must be used to comply with the requirement in Section 499.01212, F.S., for the distribution of a prescription drug. Beginning July 1, 2006, a repackager must use either “Prescription (legend) Drug Pedigree – Repackager” Form DBPR 2135 effective July 2006, which is incorporated by reference herein, or an electronic record that contains all the elements of Form DBPR 2135. A wholesale distributor that further distributes a repackaged prescription drug must include in the pedigree the information related to the repacked drug contained in Form DBPR 2135 or the electronic record that contains all the elements of Form DBPR 2135. These forms may be used prior to July 1, 2006, to comply with the pedigree paper requirements of Section 499.01212, F.S., at the discretion of the wholesale distributor. An electronic signature may be used on a pedigree paper. An electronic record must be easily readable or easily rendered in a readable format, and capable of being reproduced in a paper medium. Data on an electronic pedigree may be transmitted via the internet, data communications, a portable medium such as a CD-Rom or smart card or similar devices. Additional information to that required by forms DBPR 2129 and DBPR 2135 may be included on a pedigree provided it does not detract from or confuse the history of the distribution of the drug.

(d) A copy of the pedigree paper must be maintained by each recipient. A copy of the pedigree paper provided to a wholesale distributor must be maintained by the wholesale distributor providing the pedigree paper.

(e) Effective March 1, 2004, a pedigree paper under Section 499.01212, F.S., must trace a prescription drug back to the last authorized distributor of record. The department will maintain a database of authorized distributors of record. A prescription drug wholesale distributor that receives or prepares a pedigree paper under Section 499.01212, F.S., and this chapter that traces the previous distributions of a prescription drug back to a prescription drug wholesale distributor that is not listed on the department’s web site as an authorized distributor of record for the drug’s manufacturer for the date in which the transaction occurred must maintain and have available for inspection documentation that supports the fact the prescription drug wholesale distributor is an authorized distributor of record in accordance with the criteria of Section 499.01212, F.S.

(f) Returns.

1. When a distribution of a prescription drug by a wholesale distributor to a pharmacy or a health care entity, including a practitioner, licensed and authorized under Florida law to purchase and receive the prescription drug is the result of a mistake in ordering or shipment, the return of that prescription drug by the recipient to the wholesale distributor need not be reflected in a pedigree paper. For purposes of this subparagraph, a mistake in ordering or shipment shall be deemed to have occurred if, within fourteen calendar days after the date of receipt of the original shipment:

a. The recipient ships the specific unit of the prescription drug back to the wholesale distributor from which that specific unit was purchased; or

b. The recipient transmits a documented communication to the wholesale distributor from which the prescription drug was purchased stating the recipient’s intent to return the shipment in accordance with the wholesale distributor’s prescribed written policies and procedures and the wholesale distributor communicates authorization for return of the product.

2. Any returns to a wholesale distributor that are not within the scope of subparagraph 1. shall be reflected in a pedigree paper for any subsequent wholesale distributions of the returned drug product to the extent required by Section 499.01212, F.S.

3. A recipient that returns a prescription drug to the wholesale distributor in accordance with subparagraph 1. or 2. shall verify by written declaration as set forth in Section 92.525(2), F.S., a written document submitted with the returned product:

a. That the specific unit (exact unit) being returned was purchased from the receiving wholesale distributor (including the corresponding sales invoice number and the date of the sale from that wholesale distributor to the authorized recipient); and,

b. That the product was or was not stored and shipped in accordance with the requirements of Section 499.0121, F.S., and the rules adopted thereunder while in the purchaser’s custody and control.

c. The written declaration shall be printed or typed at the end of or immediately below the statements in sub-subparagraphs 3.a. and 3.b. and shall state: “Under penalties of perjury, I declare that I have read the foregoing and that the facts stated in it are true,” followed by the signature of the person making the declaration.

(g) For purposes of Section 499.003(31)(b), F.S., a manufacturer or repackager will have uniquely serialized an individual legend drug unit when the unit contains an electronic product code that meets industry standards for that type of legend drug unit. The department will adopt the industry standards for each type of legend drug unit when they are established. One pedigree record may be prepared for a group of serialized legend drugs, provided the only unique characteristic for the pedigree is the serialization codes.

(h) If a manufacturer initiates an electronic pedigree and transmits this information to a wholesale distributor consistent with the standards in sub-subparagraph 61N-1.013(5)(d)1.f., F.A.C., (and that wholesale distributor provides a pedigree to its customer consistent with the standards in sub-subparagraph 61N-1.013(5)(d)1.f., F.A.C., the wholesale distributor must transmit the pedigree information initiated by the manufacturer in the pedigree the wholesale distributor provides to its customer.

(i) A wholesale distributor that purchases multiple units of a prescription drug from a manufacturer in one transaction, but receives these units from multiple distribution sites of the manufacturer or on multiple dates from the manufacturer, may reference the first occurrence of receipt in pedigree papers the wholesale distributor prepares for subsequent wholesale distributions unless all applicable information is received from the manufacturer as set forth in paragraph (3)(h) above.

(j) A contract distributor for the manufacturer is deemed an agent of the manufacturer and therefore is not required under Section 499.01212, F.S., to provide a pedigree paper upon distribution of the manufacturer’s prescription drug provided the manufacturer retains title to the prescription drug and the contract distributor meets the requirements to be permitted under Chapter 499, F.S., as a non-resident prescription drug manufacturer based on its relationship with the manufacturer.

(k) Emergency Distributions. A wholesale distributor may distribute and a purchasing pharmacy or health care practitioner authorized by law to purchase prescription drugs may accept a prescription drug for which a pedigree that complies with Section 499.01212, F.S., is not available, when the prescription drug is required immediately to treat a specific patient with a life-threatening medical condition or a medical condition that will result in serious bodily harm. A pharmacist for the purchasing pharmacy, or the health care practitioner, shall supply a statement to the supplying wholesale distributor(s) that the emergency meets this rule paragraph’s requirements and the supplying wholesale distributor(s) must maintain such statement in compliance with the timeframes in Section 499.0121(6)(b), F.S. The supplying wholesale distributor must otherwise comply fully with all other applicable provisions of Sections 499.001 through 499.081, F.S., with respect to such drug.

(4) Retailers of veterinary legend drugs or medical oxygen must also maintain a prescription or other order of an authorized practitioner evidencing the authority of the purchaser or recipient to receive the veterinary legend drug or medical oxygen. A veterinary legend drug retailer must have the prescription prior to delivery of the drug to the customer. In the case of a medical oxygen retailer, the prescription or order for medical oxygen must be in writing and in the possession of the retailer within 30 days of delivery of the drug to the patient. An order or prescription for veterinary legend drugs or medical oxygen does not constitute authority for the retailer to sell to the purchaser beyond 12 months from the date of the original sale.

(5) A copy of the Florida Drug and Cosmetic Act, Chapter 499, F.S., and Chapter 61N-1, F.A.C., Regulations for Drugs, Devices and Cosmetics, must be at the permitted establishment.

(6)(a) Records for permittees not physically located within the state may be maintained at a central location outside of the state but must be made available for inspection at a permitted establishment or at the department’s address within 2 working days after a request for inspection.

(b) Records for permittees located in the state or persons located in Florida and required to be permitted under Chapter 499, F.S., may be stored by computer or other electronic means at a central location inside or outside of the state, but must be readily available and immediately retrievable, i.e., subject to inspection at the permitted establishment during the inspection.

1. Records that are maintained at a central location within this state must be maintained at an establishment that is permitted pursuant to Sections 499.001-.081, F.S., in that person’s name.

2. If not maintained at a central location, records must be maintained at the permitted location or, if not otherwise permitted, at the address reflected on the product registration.

3. A permitted establishment in Florida that maintains records at a location outside of the state must have a method, such as computerized access, to make records readily available and immediately retrievable. These records must also be made available at the permitted establishment for copying or reproducing within two working days after a request.

4. An establishment permitted at an address outside of the state must make records available for inspection within two working days after a request.

(c) Records for permittees may be copied or reproduced by the department or the Florida Department of Law Enforcement.

(d) If hard copies (originals or true copies) of required records are not maintained at the permitted establishment in Florida, the department or Florida Department of Law Enforcement must be able to review automated records for any and all records required to be maintained under Chapter 499, F.S., without requesting a specific source, recipient, product, date, etc.

(7) Except as provided in Section 499.012(2)(e), F.S., and paragraph (3)(b) of this rule, records of other persons not required to be permitted but subject to regulation under Chapter 499, F.S., must be made available to the department or the Florida Department of Law Enforcement within five business days of the request for inspection, copying, or reproduction.

(8) Records involving drugs, devices, or cosmetics may be maintained by electronic methods, such as computers or imaging devices. Originals or true copies of required records documentation must be maintained by the person involved in the transaction, including brokers and agents. If electronic methods are used to maintain records related to prescription drugs and these methods do not maintain a true copy of the original record, such as the actual image of the original document, then the security system of the permittee must provide protection against tampering with computers or electronic records.

(9) Documentation provided to the department pursuant to an inspection may not be altered or defaced in any manner to obstruct or conceal any required or other information recorded on the document.

(10) All required records must be retained for a period of two years following disposition of the drug, device or cosmetic, or three years after the creation of the records, whichever period is longer; and must be available to the department for such period or as long as records are retained if longer. Records must be retained beyond the retention period if the person has been notified that an investigation or inspection has been initiated by the department and the investigation has not been completed when the mandatory retention period expires.

(11) Manufacturers shall maintain formulas of drugs and cosmetics, including all ingredients, and shall make these available to the department upon request, either during an inspection or by certified mail.

(12) An establishment permitted under Chapter 499, F.S., that shares a facility with another person or business shall keep all of its operational systems subject to Chapter 499, F.S., separate and distinct from the other person or business. A person permitted under Chapter 499, F.S., that also conducts other business activities not permitted under Chapter 499, F.S., shall keep all of its operational systems subject to Chapter 499, F.S., separate and distinct from the other business activities. For the purpose of this rule, those operational systems required to be kept separate and distinct shall mean all records, inventory, storage areas, repackaging operations, quarantine areas, and manufacturing operations, but this rule shall not require separate entrances to the establishment nor partitioning. A Retail Pharmacy Drug Wholesale Distributor however, is not required to maintain its stock of prescription drugs which may be distributed through a wholesale transaction separate from the stock of prescription drugs which may be dispensed by a retail pharmacy.

(13) An establishment permitted to purchase or possess prescription drugs that has no records or has not done any business under the permit that would require such records, shall upon request, provide to the department a written statement to that effect.

(14) The recordkeeping requirements of this subsection do not apply to the prescription dispensing records of a pharmacy or to the patient medical records of a licensed practitioner; however, such records may be required to be produced pursuant to a subpoena issued by the department under Section 499.002(3), F.S.

(15) Charitable Donations of Prescription Drug. A physician or other authorized recipient donating prescription drugs, including prescription drug samples, pursuant to Section 499.003(53)(b)5., F.S., must prepare and maintain a donation record that includes at a minimum:

(a) The donor’s name, address, telephone number, the practitioner’s state license number, and D.E.A. number if a controlled substance is donated;

(b) The manufacturer, brand name, strength, and dosage form of the product; the quantity donated by lot number; and the expiration date of the product;

(c) The date of the donation;

(d) The name, address, and state license number that authorizes the possession of prescription drugs by the charitable organization, if applicable; and,

(e) Within 48 hours of receipt, excluding holidays and weekends, the recipient charitable institution must provide a written receipt to the donor acknowledging receipt of the donated prescription drugs.

(16) Establishing an ongoing relationship pursuant to Section 499.01212, F.S. A wholesale distributor that is not listed as an authorized distributor of record on the list submitted to the department by a prescription drug manufacturer may request the department add the wholesale distributor to the department’s website of authorized distributors of record for a drug manufacturer for purposes of the pedigree paper requirements of Section 499.01212, F.S., that become effective March 1, 2004, provided that such wholesale distributor satisfies the requirements of paragraph (a) or (b), below.

(a) A wholesale distributor or its affiliated group must submit the information in subparagraphs 1. and 2., below, to document eligibility for inclusion as an authorized distributor of record for a manufacturer of prescription drugs pursuant to Section 499.01212, F.S. If the information submitted in subparagraphs 1. and 2., is based on the cumulative activity of an affiliated group, a wholesale distributor or its affiliated group must submit the information in subparagraph 3. below to document the eligibility of the individual wholesale distributor establishment that is a member of the affiliated group to be an authorized distributor of record for a manufacturer of prescription drugs pursuant to Section 499.01212, F.S.

1. To document total annual prescription drug sales of $100 million or more submit either:

a. The most recent audited financial report that includes an Income Statement or Statement of Profit/Loss that indicates sales of prescription drugs of at least $100 million. (Note: the statement or notes in the audited financial report must clearly demonstrate the sales amount related to prescription drugs as opposed to other commodities); or

b. A signed attestation from a certified public accountant that the establishment or affiliated group, if applicable, had total annual prescription drug sales of $100 million or more in the most recent fiscal year; or

c. A computerized listing of prescription drug sales transactions during the period 10/1/02 – 9/30/03, or a 12-month period ending on the last day of the most recent calendar quarter, of at least $100 million. This report must be totaled. The detail should include the invoice number, invoice date, customer name, and total invoice amount related to prescription drugs. A statement must be provided that the report documents at least $100 million in prescription drug sales, excluding customer returns; and,

2. For each manufacturer for whom the wholesale distributor claims authorized distributor of record status, submit both subparagraphs a. and b., to document that the wholesale distributor annually purchases not less than 90%, based on dollar volume, of all of its purchases of a manufacturer’s prescription drug products directly from that manufacturer.

a. A computerized listing of all of a manufacturer’s prescription drugs purchased by the wholesale distributor during the period 10/1/02 – 9/30/03, or a 12-month period ending on the last day of the most recent calendar quarter, regardless of the source of those prescription drugs. This report must be totaled; and,

b.(I) A computerized listing of all purchases of a manufacturer’s prescription drugs directly from the manufacturer during the same time period. This report must be totaled. The detail should include the invoice number, invoice date, and total invoice amount related to prescription drugs. A statement must be provided that the report documents at least 90% of the wholesale distributor’s purchases of a manufacturer’s prescription drug products directly from that manufacturer, excluding returns to the manufacturer; or

(II) Copies of the manufacturer’s sales invoices of prescription drugs to the wholesale distributor. An adding machine tape, or equivalent, must be included that lists each invoice, in order, and provides a total of all invoices submitted. A statement must be provided that the invoices document at least 90% of the wholesale distributor’s purchases of a manufacturer’s prescription drug products directly from that manufacturer, excluding returns to the manufacturer.

3. Each wholesale distributor establishment that applies to the department to be listed as an authorized distributor of record of a drug manufacturer based upon its affiliated group’s ongoing relationship with the manufacturer, or the affiliated group on behalf of each wholesale distributor establishment, must submit the names and address of all member wholesale distributor establishments of the affiliated group. In addition, each wholesale distributor establishment must either:

a. Conduct its prescription drug wholesale activities under an establishment name that incorporates the same business name as the affiliated group upon which the eligibility criteria for the affiliated group was met; or

b. Hold a valid prescription drug wholesale distributor permit or out-of-state prescription drug wholesale distributor permit issued under Chapter 499, F.S.

(b) A wholesale distributor or its affiliated group must submit the information in subparagraphs 1. and 2., below, to document eligibility for inclusion as an authorized distributor of record for a manufacturer of prescription drugs pursuant to Section 499.01212, F.S.

1. To document total annual prescription drug sales of $100 million or more submit either:

a. The most recent audited financial report that includes an Income Statement or Statement of Profit/Loss that indicates sales of prescription drugs of at least $100 million. (Note: the statement or notes in the audited financial report must clearly demonstrate the sales amount related to prescription drugs as opposed to other commodities); or

b. A signed attestation from a certified public accountant that the establishment or affiliated group, if applicable, had total annual prescription drug sales of $100 million or more in the most recent fiscal year; or

c. A computerized listing of prescription drug sales transactions during the period 10/1/02 – 9/30/03, or a 12-month period based on the most recent calendar quarter, of at least $100 million. This report must be totaled. The detail should include the invoice number, invoice date, customer name, and total invoice amount related to prescription drugs. A statement must be provided that the report documents at least $100 million in prescription drug sales, excluding customer returns.

2. For each manufacturer for whom the wholesale distributor claims authorized distributor of record status, submit sub-subparagraph a., b., or c., to document that the wholesale distributor has a verifiable account number issued by the manufacturer and has made at least 12 purchases of prescription drugs directly from that manufacturer using the verifiable account number.

a. If the wholesale distributor is a member of an affiliated group and all purchases from that manufacturer are made at a central location for the wholesale distributor, copies of at least 12 invoices dated during the previous 12 months from the date the information is submitted, which invoices document purchases of prescription drugs, at least one unit of which on each invoice was not returned, under that central account number but shipped to the wholesale distributor’s address for whom the authorized distributor of record status is claimed. A statement must be provided that the invoices document purchases of prescription drugs for the wholesale distributor for whom the authorized distributor of record status is claimed and that the wholesale distributor did not return to the manufacturer at least one unit of the prescription drugs on each invoice.

b. If the wholesale distributor is a member of an affiliated group and all purchases from that manufacturer are made at a central location and received at a central location for the wholesale distributor, copies of at least 12 invoices dated during the previous 12 months from the date the information was submitted, under the same account number which is clearly assigned to the wholesale distributor at the permitted address. Each invoice must document the purchase of prescription drugs, of which at least one unit identified on the invoice was not returned. A statement must be provided that the invoices document purchases of prescription drugs by that central location and that the central location or wholesale distributor for which the drugs were obtained did not return to the manufacturer at least one unit of the prescription drugs on each invoice, and that the central location shipped at least 12 times to the individual wholesale distributor for whom the authorized distributor of record status is claimed during the 12 months based on the fiscal year or designated timeframe.

c. For all other wholesale distributors, copies of at least 12 invoices dated during the previous 12 months from the date the information was submitted, under the same account number that is clearly assigned to the wholesale distributor at the permitted address. Each invoice must document the purchase of prescription drugs, of which at least one unit identified on the invoice was not returned. A statement must be provided that the invoices document purchases of prescription drugs by that wholesale distributor and that the wholesale distributor did not return to the manufacturer at least one unit of the prescription drugs on each invoice.

(17) For purposes of prescription drugs obtained in “limited quantities” for research and development (“R&D”) purposes under Sections 499.01(3) and (4)(b), F.S. and paragraph 61N-1.001(2)(n), F.A.C., the records required pursuant to Section 499.0121(6), F.S., must identify the R&D requirements, acquisition schedule and use of each drug acquired relative to anticipated and ongoing R&D activities. These records must be created in advance of or within 30 calendar days of the particular R&D activities, and are subject to inspection under Section 499.051, F.S. Non-clinical/pre-clinical R&D quantities must be updated annually, and clinical quantities must be updated semiannually. The researcher must maintain all other records required under Chapter 499, F.S., including, without limitations, Section 499.01(3) or (4)(b), F.S., and applicable federal laws.

History

• Rulemaking Authority 499.05, 499.0121 FS. Law Implemented 499.01, 499.012, 499.0121, 499.01212, 499.028, 499.04, 499.041, 499.05, 499.051, 499.052, 499.06, 499.066, 499.067 FS. History–New 1-1-77, Amended 12-12-82, 7-8-84, 1-30-85, Formerly 10D-45.53, Amended 11-26-86, 2-4-93, 7-1-96, Formerly 10D-45.053, Amended 1-26-99, 4-17-01, 10-7-03, 1-1-04, 6-15-04, 8-2-04, 1-19-06, 8-6-06, Formerly 64F-12.012, Amended 3-4-13, 11-16-15.

Fla. Admin. Code R. 61N-1.013 Prescription Drugs; Receipt, Storage and Security

(1) Establishments in which prescription drugs are stored, manufactured, repackaged, kept, held, used, sold, stored, offered for sale, or exposed for sale, shall be secured against unauthorized entry or unauthorized access to prescription drugs when establishment personnel are not present.

(a) Establishments permitted under Chapter 499, F.S., that are authorized to take possession of prescription drugs, other than medical oxygen, must be secured by an alarm system which functionally and practically provides a deterrent to unauthorized entry to the establishment or the area where the prescription drugs are held or stored.

(b) Prescription medical oxygen may be stored outside in an area surrounded by a fenced enclosure with a lock which must be secure when authorized persons are not present. Other compressed medical gases must be stored in accordance with paragraph (a).

(2)(a) While not being used to make deliveries, a vehicle of a permittee containing prescription medical oxygen must be parked at the permitted establishment and either locked inside a fenced compound or secured by a vehicle alarm system. A vehicle containing prescription medical oxygen may only be parked at a residence temporarily while the vehicle is making deliveries or while “on call” for emergency deliveries.

(b) An unused drug delivery vehicle must be parked inside a building secured by an alarm system that meets the requirements of section 499.0121, F.S.

(c) A residence cannot be used to store any prescription drug which has not been dispensed, unless a natural person residing at that residence is licensed or otherwise authorized to possess prescription drugs.

(3)(a) The storage temperature definitions in the U.S.P. are incorporated by reference herein. If no storage and temperature requirements are set forth by the manufacturer in the labeling or in the U.S.P., prescription drugs other than compressed medical gases must be stored at controlled room temperature. Compressed medical gases, unless otherwise indicated, may be stored in a manner so that they are protected from freezing and are not stored at or near excessive heat or open flame.

(b) All establishments permitted under Chapter 499, F.S., that handle prescription drugs other than medical gases, must, in the absence of electronic monitoring devices, mount two thermometers in the immediate area of the stored prescription drugs. For purposes of this provision, immediate area of the stored prescription drugs is within six (6) feet of the prescription drugs in storage. One thermometer will be mounted in the warmest area of the stored prescription drugs and the other thermometer will be mounted in the coolest immediate area of the stored prescription drugs.

(c) A record must be maintained recording the date; time; thermometer one temperature; thermometer two temperature; and the initials of the person recording the data or reviewing the data if electronically monitored. This record and temperature reading must be recorded at least five (5) days each week with the temperature readings taken between 2:00 p.m. and 4:00 p.m. (EST). Alternate times may be approved by the department in writing. This record must be kept on file by the facility for at least two years.

(d) Facility requirements for the storage and handling of prescription drugs.

1. An applicant for an initial prescription drug wholesaler permit must have a facility that is large enough to store the estimated quantity of prescription drugs the applicant intends to possess under its initial application to comply with the requirements of Section 499.0121(1), F.S. An applicant for renewal of a prescription drug wholesaler permit must have a facility that is large enough for the ongoing operations of the wholesale establishment based on the prior year’s volume of activity with prescription drugs, which may be modified for reasonable fluctuations in inventory management for the current year. These determinations will be based on the type of prescription drugs the applicant possesses, or intends to possess, considering the size of the containers as well as any other products the applicant possesses or intends to possess. Notwithstanding the contention that an applicant will distribute all prescription drugs the same day received, the facility must be large enough to accommodate prescription drugs as set forth herein in case the drugs are not distributed the same day received.

2. An applicant for an initial prescription drug wholesaler permit must have a refrigeration capacity and freezer capacity large enough to store the estimated quantity of prescription drugs that might require refrigeration or freezing that the applicant intends to possess under its initial application to comply with the requirements of Sections 499.0121(1) and (3), F.S. and this rule. An applicant for renewal of a prescription drug wholesaler permit must have a refrigeration capacity and freezer capacity that is large enough for the ongoing operations of the wholesale establishment based on the prior year’s volume of activity with prescription drugs that required refrigeration or freezing, which may be modified for reasonable fluctuations in inventory management for the current year, to comply with the requirements of Sections 499.0121(1) and (3), F.S., and this rule. These determinations will be based on the type of prescription drugs the applicant possesses, or intends to possess, considering the size of the containers as well as any other products the applicant possesses or intends to possess that might require refrigeration or freezing. Notwithstanding the contention that an applicant will distribute all prescription drugs the same day received, the refrigeration and freezer capacity must be large enough to accommodate prescription drugs as set forth herein in case the drugs are not distributed the same day received.

3. Prescription drugs obtained in “limited quantities” for research and development (“R&D”) purposes under Sections 499.01(3) and (4)(b), F.S., and paragraph 61N-1.001(2)(n), F.A.C., must be physically segregated from all other products intended for manufacturing, compounding, dispensing, or administration. In a manufacturer’s establishment, these drugs must also be stored and maintained in a separate and clearly designated area.

(4) Quarantine.

(a) A quarantine section shall be clearly marked and designated separate and apart from any other place where drugs are stored so that products therein shall not be confused with usable products being held for sale. Any prescription drug stored outside the quarantine area is a product held for sale or other distribution.

(b) The requirement of Section 499.0121(5)(b), F.S., that prescription drugs must be quarantined if damage has occurred to the immediate or sealed outer or sealed secondary containers means: a prescription drug must be quarantined if obvious damage, determined by a visual inspection of the exterior of the product’s packaging, has occurred to any part of the packaging that is or may be in direct contact with the dosage form of the drug or any additional part of the packaging which is provided to prevent adulteration of the drug in addition to “containing” the product.

(c) A person who handles both prescription drugs and over-the-counter drugs or medical devices may have one quarantine section; however, the storage requirements for prescription drugs must be followed.

(5) Examination of Prescription Drugs; Physical Product and Records.

(a)1. Every person receiving prescription drugs other than the consumer receiving dispensed prescription drugs pursuant to Chapter 465, F.S., has a duty to examine the product to prevent acceptance of prescription drugs that are unfit for distribution or use. The extent of the examination should be predicated on the conditions surrounding the transaction, including but not limited to any previous sales of the product, i.e., purchase and delivery is not direct from the manufacturer; the conditions of transport; and environmental conditions to which the product may have been subjected.

2. A wholesaler, chain pharmacy warehouse, or person authorized to administer or dispense a prescription drug that physically receives a prescription drug must verify that the prescription drug received matches the prescription drug identified on the corresponding pedigree. The corresponding pedigree document shall contain all of the required information described in Section 499.01212(2)(a) or (b), F.S. as applicable, including the information required in the forms described in subsection 61N-1.012(3), F.A.C., for those distributions that are not eligible for the use of the direct purchase pedigree.

(b) Upon receipt, each outside shipping container must be visually examined for identity and to prevent the acceptance of misbranded drugs, adulterated drugs or prescription drugs that are otherwise unfit for distribution. If visual examination of the shipping container or other conditions surrounding the transaction suggest possible misbranding or adulteration, the person has a duty to examine further the contents or conditions of sale.

(c) Prescription Drug Wholesalers must employ personnel who can perform product examinations. Once the Prescription Drug Wholesaler has inspected the shipped drugs and elected to accept them, the wholesaler is responsible for the condition of the drugs. Until that time, the shipper or manufacturer remains responsible for delivering a prescription drug product in acceptable condition, unless responsibilities are modified by contract.

(d) Authentication.

1. A prescription drug wholesaler may use any, all, or any combination of the following methods to authenticate each transaction on a pedigree paper and must maintain the corresponding documentation regarding the authentication for the method used:

a. Receipt of an invoice (or shipping document) from the seller to the purchaser, which may have the prices redacted. Documentation requirements include at a minimum a copy of the invoice or shipping document. If this method is used to authenticate a pedigree, the wholesaler must review the document received for signs of tampering, incompleteness, or inconsistency with other invoices or shipping documents from that manufacturer or wholesaler, and must randomly verify the authenticity of the invoice or shipping document with the seller or shipping point reflected on that document using one of the methods in sub-subparagraph b., c., or d., below. Each wholesaler shall establish and adhere to policies and procedures for the random verification of the authenticity of the invoices or shipping documents according to statistically valid standards.

b. Telephone call to the seller. Documentation requirements include a signed statement by the person placing the telephone call identifying the person’s name and position title representing the seller who provides the information, the date the information was provided, and verification of the sales transaction between the parties, including verification of the date of the transaction and the quantity of prescription drugs involved in the transaction.

c. Email communication with the seller. Documentation requirements include a copy of the email that identifies the person’s name and position title representing the seller who provides the information, the date the information was provided, and verification of the sales transaction between the parties, including verification of the date of the transaction and the quantity of prescription drugs involved in the transaction.

d. Verification of the transaction per a web-based system established by the seller or an independent person that is secure from intentional or unintentional tampering or manipulation to conceal an accurate and complete history of the prescription drug transaction(s). Documentation requirements include a written representation from the seller or independent person that the seller or independent person, as applicable, is responsible for the information included on the web site and has adequate security on the information posted to prevent unauthorized tampering, manipulation, or modification of the information and a copy of the (dated) web site page that confirms the sales transaction between the parties, including the date of the transaction and the quantity of prescription drugs involved in the transaction.

e. Receipt of a legible and unaltered copy of a previous transaction’s pedigree paper that had been signed under oath at the time of the previous transaction to support the transaction to which the pedigree paper relates. If this method is used to authenticate a pedigree, the wholesaler must review the document received for signs of tampering, incompleteness, or inconsistency, and must randomly verify the authenticity of pedigrees using one of the methods in sub-subparagraph b., c., or d. above. Each wholesaler shall establish and adhere to policies and procedures for the random verification of the authenticity of these copies of pedigrees according to statistically valid standards.

f. Receipt of a pedigree in an electronic form from an automated system that complies with this sub-subparagraph that was successfully opened and decrypted by an automated system that complies with this sub-subparagraph. In order to rely on receipt of an electronic pedigree without employing additional authentication methods as set forth in sub-subparagraphs a.-e.

(I) The system used to digitally sign and electronically authenticate the electronic pedigree must at a minimum support the following digital signature standards or future revisions governed by the National Institute of Standard and Technology (NIST):

(A) FIPS 140-2 validated cryptographic module which is hereby adopted by reference.

(B) FIPS 186-2 validated digital signature system which is hereby adopted by reference.

(C) FIPS 180-2 validated hash function which is hereby adopted by reference.

(II) The system must employ controls to ensure the security and integrity of the private key so that it cannot be accessed by someone other than the certificate holder. At a minimum, the system must:

(A) Control the activation of the private key with an authentication mechanism.

(B) Employ a ten-minute inactivity time period after which the certificate holder must re-authenticate to access the private key.

(C) When the signing module is deactivated, clear the plain text private key from the system memory to prevent the unauthorized access to, or use of, the private key.

(III) The system must communicate with the Certification Authority directory, either each time authentication and validation steps in sub-subparagraph (IX) below occur or at least on a daily basis to download information to perform the authentication and validation which will occur on that day.

(IV) The system must have a time system that is within five minutes of the official NIST time source and date and time stamp any and all digital signatures.

(V) The system must archive digitally signed files unaltered, including the original hashes and reference to the public keys, in a manner that facilitates retrieval of the record consistent with the recordkeeping requirements.

(VI) The system must prevent issuance of an outgoing pedigree paper if the total quantity of prescription drugs distributed in all pedigrees exceeds the quantity of prescription drugs received in the corresponding incoming electronic pedigree.

(VII) The system must maintain a history file of any outgoing electronic pedigree that is subsequently voided or altered and notify the recipient that the pedigree sent to it was voided or altered.

(VIII) The system must maintain a history file of any incoming notification received pursuant to sub-sub-subparagraph (VII) above that a pedigree was voided or altered and prevent the issuance of an outgoing pedigree using a pedigree that was voided or altered.

(IX) The system must verify or perform the following:

(A) Each transaction on the electronic pedigree must be digitally signed using certificates issued through a public key infrastructure system authorized by the department.

(B) The electronic pedigree must contain each prior transaction digitally signed and unaltered, including the original hash and reference to the public key, with the new transaction information appended to the new document and the entire resulting pedigree digitally signed, including the resulting hash and reference to the public key.

(C) The system must check the certificate expiration date of each signed transaction and compare it against the date and time that the transaction was signed to determine that the certificate has not or had not expired at the time the record was signed.

(D) The system must check the digital signature for each signed transaction against the Certificate Authority’s directory and the Certificate Revocation List and verify whether the certificate holder is or was authorized to sign electronic pedigrees at the time the transaction was signed.

(E) The system must decrypt each digital signature for each signed transaction in the pedigree using each sender’s public key and compare it against the message digest to determine that the record has not been altered since it was originally signed.

(F) The system must require that all authentication and validation steps in the preceding paragraphs are carried out prior to allowing the acceptance of the transaction. The system should not allow the further processing of any transaction that has failed to pass any authentication or validation step.

(X)(A) The manufacturer must initiate the pedigree; or, until such time as the manufacturer initiates a pedigree to the wholesaler, the wholesaler that purchased the prescription drug from the manufacturer must imbed a copy of the sales invoice or the manufacturer’s EDI transmission or Advance Ship Notice (ASN) that contains all required data elements for a complete audit trail as set forth in Rule 61N-1.012, F.A.C., related to that wholesaler’s acquisition of the prescription drug from the manufacturer. Price information related to the transaction may be redacted from the imbedded copy of the sales invoice, the EDI transmission, or the ASN.

(B) If a pedigree complies with all provisions within sub-subparagraph f. except for sub-sub-sub-subparagraph (X)(A), above, then a prescription drug wholesaler must use another method authorized by this rule to authenticate the distribution from the manufacturer to the first wholesaler. Subsequent distributions may be authenticated in accordance with sub-subparagraph f.

I. If a pedigree cannot be authenticated because of a clerical error, the pedigree must be corrected by the sender.

II. If a pedigree cannot be authenticated and the reason is other than a clerical error, or the reason cannot be satisfactorily ascertained based on preliminary investigation, the prescription drug for which the pedigree cannot be authenticated must be quarantined and the department notified within 3 business days.

III. A purchasing wholesaler may use a written contract between the purchasing wholesaler and its wholesale supplier, which is a primary wholesaler as defined in Section 499.012(1)(d), F.S., that requires that all prescription drugs distributed to the purchasing wholesaler by the wholesale supplier must be purchased by the wholesale supplier from the manufacturer. If this method is used to authenticate a pedigree, the purchasing wholesaler shall establish and adhere to policies and procedures for the random verification of the authenticity of the pedigrees that disclose the supplier wholesaler purchased the prescription drug from the manufacturer according to statistically valid standards.

IV. The following persons in Florida that are authorized to purchase or possess prescription drugs are not required to authenticate a pedigree paper received from a person authorized by law to distribute prescription drugs to that person:

A. A licensed pharmacy, unless it is also permitted as a retail pharmacy wholesaler and will engage in the wholesale distribution of that drug, or unless it is a member of an affiliated group and will distribute a prescription drug purchased or received directly from a prescription drug wholesaler that is not also a member of its affiliated group to another member of its affiliated group;

B. A medical practitioner; or

C. A restricted prescription drug distributor – health care entity.

V. In order to authenticate pedigrees, a manufacturer of a prescription drug that is sold or distributed in Florida must make available upon request information relevant to authenticating a pedigree for that drug regardless of whether the prescription drug was sold directly by the manufacturer to a person in Florida.

VI. Any wholesaler or repackager required under Chapter 499, F.S., to receive a pedigree paper must authenticate the pedigree pursuant to Section 499.0121(4), F.S., notwithstanding the absence of a pedigree paper or authentication by persons in the distribution chain not subject to the requirements of Chapter 499, F.S.

(6) Any establishment that is permitted as a prescription drug wholesaler or repackager must notify the department in writing within three working days of discovery of a significant loss or theft of prescription drugs. Whether a loss or theft is significant is to be based on the prescription drug wholesaler’s written policies and procedures that may take into account the actual quantity in relation to the type or size of the business; any pattern of losses or thefts; and local trends or other indicators of the diversion potential. Notification to the Drugs, Devices and Cosmetic Program may be made by facsimile to (850)414-8240 and must include at a minimum, identification of the permitted establishment reporting the loss or theft; a complete identification of the prescription drug(s) involved, including but not limited to the name of the manufacturer or distributor reflected on the label of the products, the dosage form, strength, container size, the quantity of each, the lot numbers if known; a brief description of the circumstances surrounding the theft or loss; and a contact person’s name and telephone number to provide additional information.

(7) Due Diligence Inspection. With respect to the inspection required under Section 499.0121(12)(e), F.S., a prescription drug wholesaler may rely on a due diligence inspection performed by a person that is independent of both wholesalers for purposes of the requirement in Section 499.0121(12)(e), F.S.

History

• Rulemaking Authority 499.0121, 499.05 FS. Law Implemented 499.006, 499.007, 499.01, 499.0121, 499.052 FS. History–New 7-8-84, Amended 1-30-85, Formerly 10D-45.535, Amended 11-26-86, 7-1-96, Formerly 10D-45.0535, Amended 1-26-99, 4-17-01, 1-1-04, 1-19-06, 11-18-07, Formerly 64F-12.013, Amended 11-16-15, 5-4-25.

Fla. Admin. Code R. 61N-1.014 Devices or Over-the-Counter Drugs; Storage and Receipt

(1) Establishments where devices or over-the-counter drugs are manufactured, packaged, repackaged, stored, held, sold, offered for sale, exposed for sale, or kept for sale or use must do so under proper conditions of temperature as required by the manufacturer’s labeling of the product or according to the U.S.P. If no temperature requirements as described above are indicated, over-the-counter drugs must be stored at temperatures no higher or lower than room temperature as defined in the U.S.P.

(2) Establishments where devices or over-the-counter drugs are manufactured, packaged, repackaged, stored, stocked, distributed, used, sold, offered for sale, exposed for sale, or kept for sale or use shall maintain a “quarantine” section for those products which are deteriorated, outdated, misbranded, or otherwise unfit for use. This “quarantine” section shall be clearly marked and designated separate and apart from other sections so that products therein shall not be confused with usable products. Any device or over-the-counter drug stored outside of the quarantine area will be considered as a product held for sale or other distribution. A person who handles both prescription drugs and devices or over-the-counter drugs may have one quarantine section; however, the storage requirements for prescription drugs must be followed.

(3) Every person receiving devices or over-the-counter drugs except through a retail sale has a duty to examine the product to prevent acceptance of devices or over-the-counter drugs that are adulterated, misbranded or otherwise unfit for distribution or use.

(4) Establishments in which devices or over-the-counter drugs are manufactured, packaged, repackaged, stored, held, sold, offered for sale, exposed for sale, or kept for sale or use must be maintained in a clean and orderly manner to prevent the products from becoming contaminated with filth or injurious to health.

History

• Rulemaking Authority 499.01, 499.05 FS. Law Implemented 499.006, 499.007 FS. History–New 7-1-96, Formerly 10D-45.05355, Amended 1-26-99, Formerly 64F-12.014.

Fla. Admin. Code R. 61N-1.015 Licensing, Application, Permitting

This section addresses the application and permitting requirements of persons regulated under Part I of Chapter 499, F.S.

(1) Any person that is required under Sections 499.001-.081, F.S., to have a permit shall apply to the department for the appropriate permit on forms indicated in this rule. Inquiries regarding requests for an application or licensing may be directed to The Department of Business and Professional Regulation, Drugs, Devices, and Cosmetics Program, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047 or telephone number (850)717-1800. Applications may be downloaded from the bureau’s website at www.myfloridalicense.com.

(2) A permit is valid only for the name and address to which it is issued. The name in which a permit is issued will be changed, at no cost, upon notification to the department.

(a) The name in which the permit is issued must be the name in which the company is doing business, i.e., the name that appears on purchase and sales invoices.

(b) A permit that authorizes the purchase of prescription drugs will not be issued in a name identical to the name used by any other establishment or licensed permit holder at that address authorized to purchase prescription drugs pursuant to Chapter 465, F.S., or the statutes regulating a practitioner authorized to purchase prescription drugs except:

1. A Restricted Rx Drug Distributor – Charitable Organization permit will be issued in the name of the charitable organization or health care entity, and

2. A Medical Oxygen Retailer permit may be issued in the name of a nursing home’s Class I Institutional Pharmacy permit.

(c) A person must be available for inspection at the permitted address during the business hours identified on the application form, holidays excluded. Permanent changes to these business hours must be communicated to the department in writing. At a minimum, these business hours must meet the following standards:

1. For an establishment applying for a permit or permitted as a prescription drug wholesaler or prescription drug wholesaler – broker only, the establishment must designate a minimum of 20 hours weekly between the hours of 8:00 a.m. and 5:00 p.m. (EST), Monday through Friday, and at least one day of the week provide for four consecutive hours.

2. For an establishment applying for a permit or permitted only as a medical oxygen retailer and which does not transfill medical oxygen containers at the permitted establishment, the establishment must designate a minimum of four (4) hours weekly between the hours of 8:00 a.m. and 5:00 p.m. (EST), Monday through Friday, and at least one day of the week provide for two consecutive hours. Furthermore if less than 10 hours weekly are designated, a medical oxygen retailer must be available by telephone between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, to schedule an appointment within 24 hours of the department’s telephone call for an inspection during non-designated business hours.

3. Other applicants and permitted establishments must designate a minimum of 10 hours weekly between the hours of 8:00 a.m. and 5:00 p.m. (EST), Monday through Friday, and at least one day of the week provide for two consecutive hours. These standards set forth minimum business hours and agents of the Department of Business and Professional Regulation and the Department of Law Enforcement may inspect, monitor, and investigate during other hours as authorized by law.

(3) On-site Inspections. Passing an on-site inspection is a prerequisite to issuance of a new permit for the following permit types: Prescription Drug Manufacturer, Device Manufacturer, Compressed Medical Gases Manufacturer, Over-the-Counter Drug Manufacturer, Cosmetic Manufacturer, Prescription Drug Wholesaler, Compressed Medical Gases Wholesaler, Freight Forwarder, Veterinary Prescription Drug Wholesaler located in Florida, Veterinary Legend Drug Retailer, Medical Oxygen Retailer, and Restricted Rx Drug Distributor permits for the Health Care Entity, Reverse Distributor, and Destruction facilities. However, the department may elect to perform an inspection of the Restricted Rx Drug Distributor – Charitable Organization, Government Program, or Institutional Research as a condition of permitting but an on-site inspection fee will not be assessed.

(a)1. A person permitted as a Prescription Drug Manufacturer that is applying for additional manufacturing permits, a Complimentary Drug Distributor permit, or a Prescription Drug Wholesaler permit at that address does not require another on-site inspection and is not required to pay an initial application/on-site inspection fee when applying for the additional permits.

2. A person permitted as an Over-the-Counter Drug Manufacturer that is applying for a Device Manufacturer permit or Cosmetic Manufacturer permit at that address does not require another on-site inspection and is not required to pay an initial application/on-site inspection fee when applying for the additional permit.

3. A person permitted as a Cosmetic Manufacturer or Device Manufacturer that is applying for a Device Manufacturing permit or Cosmetic Manufacturing permit does not require another on-site inspection and is not required to pay an initial application/on-site inspection fee when applying for the additional permit.

(b) A person permitted as a Compressed Medical Gases Manufacturer that is applying for either a Compressed Medical Gases Wholesaler permit or a Medical Oxygen Retailer permit at that address does not require another on-site inspection and is not required to pay an initial application/on-site inspection fee when applying for the additional permit.

(c) A person permitted as a Medical Oxygen Retailer that is applying for a Compressed Medical Gases Wholesaler permit at that address does not require another on-site inspection and is not required to pay the initial application/on-site inspection fee when applying for the additional permit. A person permitted as a Medical Oxygen Retailer that has the establishment registered with the FDA for transfilling activity which is applying for a Compressed Medical Gases Manufacturer’s permit at that address does not require another on-site inspection and is not required to pay the initial application/on-site inspection fee when applying for the additional permit.

(d) The department will request from the applicant written documentation to evidence compliance with the requirements of Chapter 499, F.S., when an on-site inspection cannot be completed within 30 days of receipt of a completed application for a permit requiring an on-site inspection or a written request for a change of address.

(4) Written policies and procedures as required by Chapter 499, F.S., and this rule chapter must be established prior to approval of a permit application. A prescription drug wholesaler that uses a system to digitally sign and electronically authenticate an electronic pedigree must have policies and procedures to protect the security over the digital signatures.

(5) Notification to the department regarding the change of address of a permitted establishment must be in writing. A Change of Address form is available on the department’s web site. Notification regarding the closing of a permitted establishment shall also include the name and address of a person to contact for up to two years after the closing of the business for access to required records.

(6) Manufacturer Permits.

(a) A prescription drug manufacturer’s permit, over-the-counter drug manufacturer’s permit, or device manufacturer’s permit is not required for the manufacture of products that are in an FDA approved investigational program and that are not manufactured for clinical investigation (for actual use in or on humans or animals).

(b) A device manufacturer’s permit is required for an establishment that refurbishes medical devices for subsequent sale but is not required when the refurbishing is performed as a service for the owner of the medical device and the device is returned to the owner for further use.

(c) Application requirements for manufacturers and precription drug repackagers located in Florida include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004, which is incorporated by reference herein.

3. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

4. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

5. Have an FDA establishment registration number, or unless the application is for a cosmetic manufacturer, provide documentation to the department supporting an exemption from FDA registration.

(d) Application requirements for Non-resident prescription drug (Rx) manufacturers.

1. A person may qualify as a Non-resident Rx drug manufacturer if

a. The establishment is not located in Florida; and

b.(I) The person and establishment physically manufacture a prescription drug either for itself or as a contract manufacturer; or

(II) The person is the holder of an approved New Drug Application (NDA), Abbreviated New Drug Application (ANDA), or New Animal Drug Application (NADA); or

(III) The person and establishment is a private label distributor and the private label distributor’s prescription drugs are originally manufactured and labeled for the distributor and have not been repackaged; or

(IV) The establishment is the distribution point for the manufacturer, contract manufacturer or private label distributor whether the establishment is a member of the manufacturer’s affiliated group or is a contract distribution site; or

(V) The person and establishment import prescription drugs, including active pharmaceutical ingredients also referred to as bulk ingredients that are lawful in interstate commerce.

2. A non-resident Rx drug manufacturer that also distributes prescription drugs that it did not manufacture (as meeting one of the criteria above) will also need to apply for an out-of-state prescription drug wholesaler permit and meet all of the requirements for obtaining that permit.

3. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

4. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

5. Submit a photocopy of all permits or licenses issued to the applicant’s address which authorize the manufacture or possession of prescription drugs at that address, regardless of the issuing agency. If the issuing agency prohibits photocopying the permit or license, the applicant may submit a state verification of any permits or licenses issued to the applicant’s address.

6. If the non-resident Rx drug manufacturer is importing prescription drugs, FDA approval can be documented with:

a. An NDA number for the product; or

b. Evidence of an FDA establishment number for the manufacturing site and inclusion of the particular product on the manufacturer’s drug listing with the FDA; or

c. For an active pharmaceutical ingredient, evidence that the manufacturer’s bulk drug substance is identified as an ingredient in an FDA approved finished product; or

d. Other direct evidence of FDA authorization for the importation and commercial distribution of the product.

Updates to the list of prescription drugs being imported and documentation of FDA approval must be submitted to the department prior to importation of any prescription drug under the non-resident Rx drug manufacturer’s permit. It is the non-resident manufacturer’s responsibility to assure that it is only importing approved prescription drugs into Florida and is complying with Section 499.023, F.S. Compliance with submission of the information required in this rule does not mean that the prescription drug does in fact comply with all provisions of the Federal Act and Chapter 499, F.S., and may be imported.

7. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

8. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

(7) Wholesaler Permits.

(a) A person applying for or renewing a permit as a prescription drug wholesaler, or as a veterinary prescription drug wholesaler located in Florida, must have an area for the storage of prescription drugs under controlled room temperature and refrigeration, as required by paragraph 61N-1.013(3)(d), F.A.C., whether or not the person intends to wholesale prescription drugs requiring storage under controlled room temperature conditions or refrigeration; except that a person who will act as a broker only of prescription drugs may apply for a “broker only” designation on the Prescription Drug Wholesaler permit and then the requirement that the permitted address provide for “controlled room temperature” and refrigeration is waived. A “broker only” cannot take possession of prescription drugs under any circumstances.

(b) The Prescription Drug Wholesaler’s bond and the bond for an out-of-state prescription drug wholesaler will be transferred by the department to subsequent permits issued pursuant to renewal applications if the bond or other equivalent means of security is in a form that will allow for such transfer. The bond will be refunded without interest, consistent with the provisions of Section 499.012(2), F.S. In order for another means of security to satisfy the bond requirement, the security must be in a form that the applicant or permittee cannot revoke, withdraw, cancel, or otherwise reduce the department’s interest until the conditions upon which the bond can be refunded or released, as set forth in Section 499.012(2), F.S., have been satisfied. If the bond or other security is in a form that requires the department to initiate release of the bond or security, a prescription drug wholesaler or out-of-state prescription drug wholesaler should request in writing that the department release the bond or security within 45 days of satisfaction of the conditions in Sections 499.012(2)(a) and (c), F.S., that release department’s interest in the bond or other security. The department must initiate release of the bond or security within 10 working days of satisfaction of the conditions in Sections 499.012(2)(a) and (c), F.S., unless the department has otherwise made a claim against the bond or security.

(c) A Prescription Drug Wholesaler is authorized to wholesale all prescription drugs, including compressed medical gases and therefore does not require dual permits.

(d) Application requirements for Compressed Medical Gases Wholesalers include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

3. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

4. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

(e) Application requirements for Prescription Drug Wholesalers, Prescription Drug Wholesalers – Broker Only, or Out-of-State Prescription Drug Wholesalers include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program for an application form(s) and fingerprint cards. Both the sales transaction (seller) and the physical movement (location from which the drugs are shipped) of prescription drugs are considered wholesale distribution. Therefore, if the seller (name and address as reflected on the invoice) is not the same as the location from which the drugs are shipped (name and address), such as in the case of brokers, different branches of the same company, or a contract warehouse, then both persons (the seller and location from which shipped) must be permitted under the Florida Drug and Cosmetic Act.

2. File with the department a completed application for a permit using an original Form DH 2124, “Prescription Drug Wholesaler/Out-of-State Prescription Drug Wholesaler Application” effective January 2004, which is incorporated by reference herein.

3. File with the department an original Form DH 2125, “Personal Information Statement” effective January 2004, which is incorporated by reference herein for the applicant’s manager, next four highest ranking employees that are responsible for prescription drug operations, and all affiliated parties.

4. Submit a legible fingerprint card and $47.00 per fingerprint card for each person required to submit a fingerprint card. These fingerprint cards must have been obtained from the department so that the cards will have the proper coding for processing and reporting.

5. Submit a $100,000 bond or security as specified in Sections 499.012(2)(a) and (c), F.S., and paragraph (b), above. If you are using a surety bond, the required bond form is DH 2128, “Surety Bond Form,” effective June 2005, which is incorporated by reference herein.

6. If the applicant is located outside of Florida, submit a photocopy of the resident state’s license or permit that authorizes the wholesale distribution of prescription drugs. If the resident state does not allow photocopying of the license or permit, the applicant may submit a verification of the license or permit from the issuing agency. If the resident state does not require a license or permit for the wholesale distribution activities of the applicant in that state, submit:

a. A written confirmation on the letterhead of the resident state agency responsible for regulating prescription drug wholesale distribution in that state that permitting of the applicant establishment is not required by that state; and

b. A statement signed by the applicant that the applicant will comply with all storage, handling, and recordkeeping requirements of the resident state related to the sale and physical distribution of prescription drugs into Florida, or if none exist in the resident state that the applicant will comply with all storage, handling, and recordkeeping requirements, as set forth in 21 C.F.R. 205.50 (as of 10/1/03) which is incorporated by reference herein, for the sale and physical distribution of prescription drugs into Florida.

7. Identify a person who has been Certified pursuant to Section 499.012(11), F.S., to serve as the certified designated representative. If the prescription drug wholesaler operates in ‘shift’ schedules, a different person per shift may be designated; however the shift hours for which each person is responsible must be clearly identified. You must use Notification of Designated Representative Form DH 2130, effective June 2005, which is incorporated by reference herein, for communicating changes in the designated representative.

8. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

9. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

(f) Application requirements for Retail Pharmacy Wholesalers include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

3. Submit a photocopy of all permits issued to the applicant’s address which authorize the purchase of prescription drugs at that address, regardless of the issuing agency.

4. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

5. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

(g) Application requirements for freight forwarders.

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

3. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

4. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

(h) Application requirements for Veterinary Prescription Drug Wholesalers include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004, and the attachment for the Veterinary Prescription Drug Wholesaler permit, August 2004.

3. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

4. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

(8) Other Distributors. Persons conducting certain distributions of prescription drugs which are not considered wholesale distributions in the state of Florida must obtain a permit from the department prior to initiating that activity. These permits include Complimentary Drug Distributors, all of the designated Restricted Rx Drug Distributor permits as further discussed in Rule 61N-1.023, F.A.C., Medical Oxygen Retailers, and Veterinary Legend Drug Retailers.

(a) Application requirements for Complimentary Drug Distributors include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program for an application form or download the application from the department’s website. An out of the state manufacturer or distributor of complimentary or sample prescription drugs may obtain a “Complimentary Drug Distributor permit” for its headquarters or home office in lieu of a permit for each establishment from which complimentary prescription drugs are distributed. A manufacturer or distributor that uses a fulfillment house, shipping and mailing service, or distributes through co-marketing agreements, must notify the department in writing of the contractor’s name, address, and responsibilities prior to the distribution of prescription drug samples in or into this state. The headquarters or home office location is responsible for all recordkeeping requirements and for production of such records as required by Sections 499.0121 and 499.028, F.S., this rule and Rule 61N-1.012, F.A.C. A person located within the state that manufactures or distributes complimentary or sample prescription drugs directly or through its agents, employees, or independent contractors, must obtain a Complimentary Drug Distributor permit for each establishment located in Florida. A manufacturer or distributor that uses a fulfillment house, shipping and mailing service, or distributes through co-marketing agreements, any of which is located in Florida, must obtain a permit in the name of the manufacturer or distributor issued to the address of the fulfillment house, shipping and mailing service, or similar location. The manufacturer or distributor is responsible for all recordkeeping requirements and for production of such records as required by Sections 499.0121 and 499.028, F.S., this rule and Rule 61N-1.012, F.A.C.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

3. Submit a copy of the applicant’s license or permit which authorizes the possession of prescription drugs. If the issuing agency does not allow photocopying of a license or permit, the applicant may submit a verification of the license or permit from the issuing agency.

4. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

5. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

(b) Application requirements for Restricted Rx Drug Distributor – Health Care Entity include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

3. Submit a listing of all the locations under common control that will be receiving distributions under this permit. This listing must include the name and address of the facility and the pharmacy or other permit number which authorizes that location to possess prescription drugs. Additional locations must be communicated to the department in writing prior to the transfer of prescription drugs. Alternatively, depending on the basis for the application, provide a copy of the written contract evidencing the group purchasing organization and a listing of all the locations that will be receiving distributions under this permit because of joint membership in the group purchasing organization.

4. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

5. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

(c) Application requirements for Restricted Rx Drug Distributor – Charitable Organization include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

3. Submit proof of the charitable organization designation under section 501(c)(3) of the Internal Revenue Code.

4. If the FDA has initiated the enrollment program, submit the FDA central file number of the applicant.

5. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

6. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

(d) Application requirements for Restricted Rx Drug Distributor – Reverse Distributor or Restricted Rx Drug Distributor – Destruction include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

3. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

4. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

(e) Application requirements for Restricted Rx Drug Distributor – Government Programs include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

3. Submit a detailed plan justifying the necessity for this permit in accordance with subsection 61N-1.023(5), F.A.C.

4. Submit a list of the intended contractors and subcontractors that will receive the entity’s prescription drugs under this permit and the permit numbers that authorize them to administer or dispense. Also submit a copy of the provisions of the contract that address the requirements in Section 499.012(1)(a)1.d., F.S.

5. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

6. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

(f) Application requirements for a Restricted Rx Drug Distributor – Institutional Research include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

3. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

4. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

(g) Application requirements for a Veterinary Legend Drug Retailer include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

3. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

4. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

(h) Application requirements for a Medical Oxygen Retailer include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application or download the application from the department’s website.

2. File with the department a completed application for a permit using an original Form DH 1033, “Application for Permit Under Chapter 499, F.S.,” effective August 2004.

3. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

4. Comply with all the requirements for permitting provided in Chapter 499, F.S., and these rules.

5. Have an FDA establishment registration number if the establishment will be transfilling medical oxygen.

(9) Designated Representative.

(a) For purposes of the work experience required to be certified as a designated representative:

1. Serving in a managerial capacity does not require actual supervisory responsibilities over employees, but requires a level of responsibility consistent with a managerial employee, including but not limited to decision-making authority, responsibility for developing and implementing policies and procedures related to purchasing, sales, or inventory management for prescription drugs.

2. Responsibilities related to recordkeeping for prescription drugs by a person who worked in a pharmacy may include such activities as, practicing pharmacy pursuant to a valid pharmacy license, routinely purchasing or ordering prescription drugs where cognitive functions were involved and the order is not the result of an automated reorder system, routinely receiving prescription drugs and verifying the accuracy of the order, routinely taking a physical inventory of prescription drugs, routinely assessing the pharmacy shelves for outdated prescription drugs, and routinely completing an inventory for the transfer of adulterated prescription drugs for appropriate disposal.

(b) Application requirements for Certification as a Designated Representative include:

1. Contact the department’s Drugs, Devices, and Cosmetics Program to request an application and fingerprint cards or download the application from the program’s web site.

2. File with the department a completed application for certification using Form DH 2126 “Application for Certification as a Designated Representative,” effective June 2005, which is incorporated by reference herein. An application is not deemed completed until the applicant has received a passing score on the laws and rules examination required by Section 499.012(16)(b)4., F.S. The applicant will be notified by regular mail at the applicant’s home mailing address of the applicant’s eligibility to schedule the laws and rules examination. Information on scheduling and other testing processes are included on the program’s website in a document entitled “Candidate’s Information Booklet.” If the applicant has not passed the laws and rules examination within six months of this notification, the department will initiate action to deny the Application for Certification as a Designated Representative. This six-month period for an applicant to pass the laws and rules examination does not extend the statutory requirement in Section 499.012(16)(f), F.S., for a Prescription Drug Wholesaler Distributor or an out-of-state Prescription Drug Wholesaler Distributor to employ a designated representative.

3. Submit a legible fingerprint card and $47.00 per fingerprint card. The fingerprint card must have been obtained from the department so that the card will have the proper coding for processing and reporting.

4. Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

5. Comply with all requirements for certification provided in Chapter 499, F.S., and these rules.

(10) Permit renewals for all permits other than a prescription drug wholesaler, prescription drug wholesaler – broker only, or out-of-state prescription drug wholesaler. Submission of a renewal application represents to the department that conditions have not changed with the permitted person which would make the permitted person ineligible to renew the permit.

(a) A permit renewed during the grace period will expire 24 months after the last day of the anniversary month in which the previous permit expired.

(b) An applicant applying to renew a permit which has not expired, been revoked, suspended or otherwise terminated must:

1. File with the department a completed application for a permit using an “Application for Permit Renewal Under Chapter 499, F.S.,” Form DH 1034, effective January 2004, which is incorporated by reference herein. The permittee should contact the department if the renewal application has not been received at least 30 days prior to the permit’s expiration date.

2. Pay the appropriate fee pursuant to this section and Rule 61N-1.018, F.A.C.

3. Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

4. Applicants renewing a Retail Pharmacy Wholesaler’s permit must also submit a legible photocopy of the current community pharmacy permit.

(c) If a permit is not renewed prior to the expiration date or within the grace period, the person will be placed out-of-business for purposes of Chapter 499, F.S. In order to be permitted after the expiration of the 60-day grace period, a person must submit a new application and proceed according to the requirements for submission of a new application.

(11) Permit renewals for prescription drug wholesaler, prescription drug wholesaler – broker only, or out-of-state prescription drug wholesaler.

(a) The program will mail an application for renewal of the prescription drug wholesaler, prescription drug wholesaler – broker only, or out-of-state prescription drug wholesaler permit at least 90 days prior to the expiration date of the permit.

(b) A renewal application that is postmarked within 45 days prior to the expiration date of the permit must include submission of a $100 delinquent fee in addition to the annual permit fee, fingerprint fees, and bond.

(c) File with the department a completed application for a permit using an original Form DH 2124, “Prescription Drug Wholesaler/Out-of-State Prescription Drug Wholesaler Application” effective January 2004.

(d) File with the department an original Form DH 2125, “Personal Information Statement” effective January 2004, for the applicant’s manager, next four highest ranking employees that are responsible for prescription drug operations, and all affiliated parties.

(e) Submit a legible fingerprint card for any person for whom a Personal Information Statement is submitted who has not previously submitted a fingerprint card on behalf of the applicant company. These fingerprint cards must have been obtained from the department so that the cards will have the proper coding for processing and reporting.

(f) Submit $47.00 for each fingerprint card submitted.

(g) Submit a $100,000 bond or security as specified in Sections 499.012(2)(a) and (c), F.S., and paragraph (7)(b) above. If you are using a surety bond, the required bond form is DH 2128, “Surety Bond Form,” effective June 2005.

(h) If the applicant is located outside of Florida, submit a photocopy of the resident state’s current license or permit that authorizes the wholesale distribution of prescription drugs. If the resident state does not allow photocopying of the license or permit, the applicant may submit a verification of the license or permit from the issuing agency. If the resident state does not require a license or permit for the wholesale distribution activities of the applicant in that state, submit:

1. A written confirmation on the letterhead of the resident state agency responsible for regulating prescription drug wholesale distribution in that state that permitting of the applicant establishment is not required by that state; and

2. A statement signed by the applicant that the applicant will comply with all storage, handling, and recordkeeping requirements of the resident state related to the sale and physical distribution of prescription drugs into Florida, or if none exist in the resident state that the applicant will comply with all storage, handling, and recordkeeping requirements, as set forth in 21 C.F.R. 205.50 (as of 10/1/03) which is incorporated by reference herein, for the sale and physical distribution of prescription drugs into Florida.

(i) Pay the appropriate fee(s) as required by Rule 61N-1.018, F.A.C.

(j) Comply with all the requirements for permitting provided in Chapter 499, F.S., and this rule chapter.

History

• Rulemaking Authority 499.01, 499.012, 499.0121(1), 499.0122, 499.013, 499.014, 499.028, 499.04, 499.041, 499.05, 499.62, 499.63, 499.64, 499.66, 499.67, 499.701 FS. Law Implemented 499.01, 499.012, 499.0121, 499.0122, 499.013, 499.028(6), 499.04, 499.004, 499.041, 499.05, 499.06, 499.006, 499.007, 499.052, 499.062, 499.063, 499.064, 499.066, 499.067 FS. History–New 12-12-82, Amended 7-8-84, 1-30-85, Formerly 10D-45.54, Amended 11-26-86, 2-4-93, 7-1-96, Formerly 10D-45.054, Amended 1-26-99, 4-17-01, 10-29-02, 7-6-03, 1-1-04, 9-13-04, 10-3-05, 1-19-06, Formerly 64F-12.015.

Fla. Admin. Code R. 61N-1.016 Product Registration

(1)(a) Each drug product shall be registered with the department, but shall not have duplicate registrations. Products that are both a cosmetic and a drug must be registered as a drug.

(b) A formula marketed under different brand names, sizes, quantities, or distributors is not considered a separate and distinct product for registration purposes. Furthermore, the adding of color, flavor, or scents to a formula does not make a separate and distinct product for registration purposes, even for fragrance preparations where the scent is the primary product. However, the different variations must be listed with the department.

(c) The separate and distinct drug product for a person who performs limited manufacturing operations at an establishment such as only encapsulating, sterilizing or other processing or manipulation of the product, but not labeling, may be the product resulting from such processing and not each separate and distinct product to which the limited manufacturing operation is performed.

(d) The application forms incorporated by reference in this rule can be obtained by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

(2)(a) Applicants applying for an initial product registration of a product must:

1. File with the department a completed application for the appropriate product registration using DBPR form number DBPR-DDC-229, “Application for Product Registration – Rx Drugs (Main & Identical),” effective May 2015, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05666; or DBPR form number DBPR-DDC-230, “Application for Product Registration – Repackaged Rx Drugs (Main & Identical),” effective May 2015, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05666; or DBPR form number DBPR-DDC-231, “Application for Product Registration – OTC Drugs (Main & Identical),” effective May 2015, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05666, all of which are incorporated by reference herein,

2. Submit a product label or copy thereof and all labeling associated with the main or identical product that provides information in addition to or other than what is on the product label for every product on the Application (An English translation is required for a product manufactured for export only which has labeling in a foreign language.),

3. Submit documentation that supports the product is allowed to be distributed in interstate commerce as per FDA regulations, such as:

a. Written documentation from the FDA which indicates approval of a drug through a new drug application – NDA, ANDA, IND, NADA, etc., or

b. A copy of the section(s) of the Code of Federal Regulations (CFR) denoting the product’s Drug Efficacy Study Implementation (DESI) designation, or

c. A copy of the section(s) of the CFR denoting the product remains pending final DESI review, or

d. A copy and summary of material(s) and authoritative literature reviewed during the applicant’s investigation supporting that the product has not yet been reviewed in the DESI process, or

e. A copy and summary of material(s) and of authoritative literature supporting the product qualifying for grandfather status, or

f. The over-the-counter monograph category to which the drug belongs, and,

4. Pay the appropriate fee pursuant to Rule 61N-1.018, F.A.C.

(b) Examples of material(s) and authoritative literature used as documentation to meet the requirements of subparagraph (2)(a)3., above, include:

1. Sections of the United States Code (USC) or the CFR,

2. Letters, emails or other forms of communications from the FDA,

3. Evidence that the product is currently being marketed in the United States and that the FDA has actual or constructive knowledge that the product is being marketed in the United States,

4. The Merck Manual of Diagnosis and Therapy,

5. Physicians’ Desk Reference,

6. Remington’s Pharmaceutical Science,

7. Fully cited and copied U.S. medical or pharmaceutical journal articles,

8. DailyMed published by the U.S. National Library of Medicine,

9. Facts and Comparisons, or

10. American Drug Index.

(c) An applicant must amend its product registration list for new products prior to any sales by following the procedures for an initial product registration, listing only those products to be added. Registration for these products will expire concurrently with the biennial cycle for that establishment’s other registered products. Fees will be prorated as provided for in subsection 61N-1.018(4), F.A.C.

(3) Product registration renewal.

(a) Applicants applying for renewal of a product registration must:

1. Submit DBPR form number DBPR-DDC-235, “Application for Product Registration Renewal,” effective May 2015, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05666, which is incorporated by reference herein,

2. Submit a product label or copy thereof and all labeling associated with the product if the label or labeling has changed in any respect from the initial or previous renewal registration; and,

3. Pay the appropriate fee pursuant to Rule 61N-1.018, F.A.C.

(b) Registrations issued by the department within the grace period will automatically expire 24 months after the last day of the month in which the previous registration expired.

History

• Rulemaking Authority 499.05, 499.012 FS. Law Implemented 499.01, 499.012, 499.015, 499.04, 499.05, 559.79(2) FS. History–New 7-1-96, Formerly 10D-45.0542, Amended 1-26-99, 4-17-01, 1-1-04, Formerly 64F-12.016, Amended 8-2-15, 11-2-17.

Fla. Admin. Code R. 61N-1.017 Certificates of Free Sale

(1) A written request for a certificate of free sale must be submitted to the department by the Florida permitted manufacturer of the drug indicating the name and address of the company to be designated on the free sale certificate as the distributor or manufacturer or both; the name, address, and product registration number of the company who has registered the product; the specific name of the product(s) to be included in the certificate; the product label if a current label is not on file with the department; and the appropriate fee as provided in Rule 61N-1.018, F.A.C.

(2) A maximum of 30 product names can be included on one certificate of free sale.

History

• Rulemaking Authority 499.05, 499.015 FS. Law Implemented 499.015, 499.04, 499.05 FS. History–New 7-1-96, Formerly 10D-45.0543, Amended 4-17-01, Formerly 64F-12.017, Amended 10-24-17.

Fla. Admin. Code R. 61N-1.018 Fees

(1) Biennial fees for a Manufacturer or Repackager permit are as follows:

Biennial Fee

Prescription Drug Manufacturer (including virtual)

$1,500.00

Prescription Drug Repackager

$1,500.00

Device Manufacturer

$1,200.00

Cosmetic Manufacturer

$800.00

Over-the Counter Drug Manufacturer

$800.00

Medical Gas Manufacturer

$1,000.00

Non-resident Prescription Drug Manufacturer (including virtual)

$1,000.00

Non-resident Prescription Drug Repackager

$1,500.00

No manufacturer shall be required to pay more than one fee per establishment to obtain an additional manufacturing permit; but the manufacturer must pay the highest fee applicable to the operations in each establishment.

(2)(a) Biennial fees for a Wholesale Distributor or Freight Forwarder permit that is issued on a Biennial basis are as follows:

Biennial Fee

Medical Gas Wholesale Distributor

$600.00

Retail Pharmacy Drug Wholesale Distributor

$100.00

Freight Forwarder

$600.00

Veterinary Prescription Drug Wholesale Distributor

$1,000.00

Limited Prescription Drug Veterinary Wholesale Distributor

$1,000.00

Prescription Drug Wholesale Distributor (including Broker Only)

$1,600.00

Out-of-State Prescription Drug Wholesale Distributor

$1,600.00

(3) Biennial fees for Other permits are as follows:

Biennial Fee

Complimentary Drug Distributor

$500.00

Veterinary Prescription Drug Retail Establishment

$600.00

Medical Oxygen Retail Establishment

$600.00

Restricted Prescription Drug Distributor – Blood Establishment

$600.00

Restricted Prescription Drug Distributor – Health Care Entity

$600.00

Restricted Prescription Drug Distributor – Charitable Organization

$600.00

Restricted Prescription Drug Distributor – Reverse Distributor

$600.00

Restricted Prescription Drug Distributor – Destruction

$600.00

Restricted Prescription Drug Distributor – Government Programs

$600.00

Restricted Prescription Drug Distributor – Institutional Research

$600.00

Third Party Logistics Provider

$600.00

Health Care Clinic Establishment

$255.00

(4) Miscellaneous Other fees are as follows:

Fee

(a) Certification as Designated Representative

$150.00

(b) Initial Application/Onsite Inspection

$150.00 Non-Refundable

The initial application/onsite inspection fee is non-refundable.

If the department determines it must re-inspect for an initial application because the applicant does not have security, climate control, a quarantine area, or written policies and procedures, as required by the particular permit for which the applicant is applying; fails to appear for a scheduled inspection; or is otherwise not ready or available for inspection or available to schedule an inspection on or after the date indicated on the application form, an additional onsite inspection fee of $150.00 is required for each reinspection.

(c) Bond/Security: Prescription Drug Wholesale Distributor or Out-of-State Prescription Drug Wholesale Distributor with more than $10,000,000.00 million in annual gross receipts during the previous tax year, as set forth in Section 499.012(8)(m), F.S.

$100,000.00

(d) Bond/Security: Prescription Drug Wholesale Distributor or Out-of-State Prescription Drug Wholesale Distributor with $10,000,000.00 million or less in annual gross receipts during the previous tax year, as set forth in Section 499.012(8)(m), F.S.

$25,000.00

(e) Bond/Security: Limited Prescription Drug Veterinary Wholesale, as set forth in Section 499.01(2)(m), F.S.

$20,000.00

(f) Change of Address:

A relocation fee of $100.00 must be paid for each permitted person or establishment relocating for which an onsite inspection is required. If no onsite inspection is required, the relocation fee is $25.00 per permit. If a permitted person has multiple permits under the same permitted name and address and relocates any or all permitted activities concurrently to the new location, then only one $100.00 fee is required plus $25.00 for each additional permit.

(g) Product Registration (for each drug product registered)

$30.00*

*The registration fee for a prescription drug product being amended to an existing product registration that has 12 months or less until it expires is $15.00.

(h) Listed Identical Products

$15.00

(i) Free Sale Certificate

$25.00

Signature of Free Sale Certificate copy (requested concurrently)

$2.00

(j) Delinquent Establishment Permit Renewal (per permit)

$100.00

History

• Rulemaking Authority 499.01, 499.04, 499.05, 499.831, 499.832 FS. Law Implemented 499.01, 499.012, 499.015, 499.04, 499.041, 499.05, 499.028, 499.831, 499.832 FS. History–New 7-1-96, Formerly 10D-45.0544, Amended 4-17-01, 7-6-03, 1-1-04, 9-13-04, 2-14-06, 9-5-07, 3-10-09, Formerly 64F-12.018, Amended 6-3-15, 11-2-17.

Fla. Admin. Code R. 61N-1.019 Inspections, Investigations, Monitoring

(1) An inspection or investigation is a review or examination of an establishment permitted under the provisions of chapter 499, F.S., or any rule adopted thereunder, or of a non-permitted establishment for the purpose of protecting public health from misbranded or adulterated drugs, devices, or cosmetics or from any other violation of Chapters 499 and 893, F.S., or any rules adopted thereunder. An inspection may also take place in a non-permitted establishment to assess whether the establishment complies with the requirements for a Chapter 499, F.S., permit.

(2) The department may inspect, monitor, and investigate all drug, device and cosmetic manufacturers, wholesalers, repackagers, distributors, or other establishments where drugs, devices or cosmetics are made, stored, sold, offered for sale, exposed for sale, or kept for sale or use, for the purpose of determining compliance with the provisions of Chapters 499 and 893, F.S., or any rules adopted thereunder and to secure evidence of any non-compliance.

(3) Inspections and investigations may be announced or unannounced, at the discretion of the department. The owner, officer, or employee of the establishment shall make the premises and all records and other information required by Chapters 499 and 893, F.S., or any rules adopted thereunder available to the department inspector.

(4) Inspections and investigations under this rule may include:

(a) Review and copying of all records pertaining to the manufacture, advertisement, storage, holding, and distribution of any prescription, over-the-counter or investigational drug, device or cosmetic. These records include, but are not limited to receiving documents, shipping documents, purchase orders, purchase requisitions, invoices, paid receipts, contracts, checks, deposits, and credits or debits in any form whatsoever;

(b) Entry to any establishment, vehicle or space therein in which drugs, devices, or cosmetics are manufactured, processed, repackaged, sold, brokered, held or transported;

(c) Entry to any establishment, vehicle, or space therein in which records related to drugs, devices, or cosmetics are held;

(d) Surveillance of procedures related to drugs, devices or cosmetics;

(e) Collection of facts and information related to drugs, devices or cosmetics;

(f) Questioning of persons who may have information relating to the inspection or investigation and taking sworn statements from these persons, all related to drugs, devices or cosmetics;

(g) Sampling any drug, device or cosmetic, including any related product (whether or not in finished form), material, component, document, literature, label, labeling or other evidence;

(h) Photographing any drug, device or cosmetic including any related component, materials, physical plant, storage condition, article or product;

(i) Observations and identification of:

1. Any drug, device or cosmetic consisting wholly or in part of filthy, putrid or decomposed substances,

2. Any undesirable conditions or practices bearing on filth, contamination, or decomposition which may result in a drug, device or cosmetic becoming adulterated or misbranded,

3. Any unsanitary conditions or practices which may render a drug, device or cosmetic injurious to health,

4. Any faulty manufacturing, processing, packaging, or holding of drugs, devices or cosmetics as related to current good manufacturing practices (CGMP) including recordkeeping,

5. Any deviation from recommended processing, storage or temperature requirements for any drug, device or cosmetic as specified by federal or state law,

6. Any deviation from FDA requirements for the label and labeling of any drug, device or cosmetic,

7. Any other action to determine compliance with Chapters 499 and 893, F.S., and this rule chapter.

(j) Taking of evidence related to a drug, device or cosmetic that is or may be in violation of Chapter 499 or 893, F.S., or any rules adopted thereunder; and,

(k) Securing the removal of any potentially misbranded or adulterated drug, device, or cosmetic from commerce or public access.

(5) The department shall take reasonable steps to assure that a sampled product is not reintroduced into commerce if it is or has become adulterated or misbranded.

History

• Rulemaking Authority 499.05, FS. Law Implemented 499.051, 499.052, 499.065 FS. History-New 7-8-84, Formerly 10D-45.545, Amended 11-26-86, 7-1-96, Formerly 10D-45.0545, Amended 4-17-01, Formerly 64F-12.019.

Fla. Admin. Code R. 61N-1.020 Forms

History

• Rulemaking Authority 499.01, 499.012, 499.0122, 499.013, 499.015, 499.018, 499.028, 499.04, 499.041, 499.05, 499.06, 499.62, 499.63, 499.64, 499.66, 499.67, 499.701 FS. Law Implemented 499.01, 499.012, 499.0122, 499.013, 499.015, 499.018, 499.028, 499.04, 499.041, 499.05, 499.06, 499.062, 499.063, 499.064, 499.066, 499.067 FS. History–New 12-12-82, Formerly 10D-45.56, Amended 11-26-86, 2-4-93, 7-1-96, Formerly 10D-45.056, Amended 1-26-99, 1-1-04, Formerly 64F-12.020, Repealed 6-30-15.

Fla. Admin. Code R. 61N-1.021 Trade Secrets

(1) A person must indicate in writing at the time information is submitted to the department that the information includes material which is a trade secret as defined by Section 812.081(1)(c), F.S., or other confidential material exempt from the provisions of Chapter 119, F.S., the basis for the claim of trade secret and that the person does not wish this trade secret to be made public.

(2) Trade secret information must be specifically identified and noted on the documents submitted to the department.

(3) In the event the department seizes information pursuant to its inspectional authority under Section 499.051, F.S., or Rule 61N-1.019, F.A.C., the person from whom the information is seized will be granted an opportunity to claim and designate trade secret information in accordance with this rule prior to the department completing enforcement action.

History

• Rulemaking Authority 499.05 FS. Law Implemented 381.83, 499.051(7) FS. History–New 12-12-82, Formerly 10D-45.57, Amended 7-1-96, Formerly 10D-45.057, 64F-12.021.

Fla. Admin. Code R. 61N-1.022 Ether Applications; Licensing; Permitting; Records; Security; Distributing; Disposal

(1) Any person requiring a license or permit may request an Application for Permit as a Diethyl Ether Manufacturer, Distributor, Dealer, or Purchaser DBPR-DDC Form 233, effective April 2016, which is incorporated by reference in Rule 61N-2.004, F.A.C. To renew a permit which has not expired, been revoked, suspended or otherwise terminated, a person must file with the department a completed “Application for Permit Renewal Under Chapter 499, F.S.,” DBPR-DDC Form 2, https://www.flrules.org/Gateway/reference.asp?No=Ref-13232, effective October 2014, which is incorporated by reference herein.

(a) The following items must accompany the initial Application for Diethyl Ether Permit and renewal applications:

1. Accurate and Current Photographs – Two accurate and current photographs, taken within 6 months of the submission date of the application, of the chief executive officer or owner. The photographs must measure 2 inches by 2 inches and be clearly recognizable with a front view, full face image.

2. Fingerprint Cards – A complete set of fingerprints of the applicant taken by an authorized law enforcement officer on forms provided by the department. A new set of fingerprint cards is not required if the applicant is applying for a renewal license or permit for a license or permit held during the prior license or permit year which was not suspended or revoked and the chief executive officer has not changed.

(b) The following fees are payable to the Professional Regulation Trust Fund and must be submitted with an initial application or renewal application for a license or permit to handle diethyl ether:

Permit Annual Fee

Manufacturer

$700.00

Distributor

$700.00

Dealer

$350.00

Purchaser

$150.00

(2) A person who uses ether for lawful research, teaching, or testing may obtain an exemption letter from the department to authorize acquisition of ether for this activity. The person must submit correspondence to the department explaining the conditions of the lawful research, teaching, or testing, along with a statement signed by the person who will be responsible for the ether, that the ether will be secured, that access will be restricted to authorized persons, and that the ether is not for resale. This correspondence should also identify the name in which purchases will be made, the quantity which will be purchased, the frequency of the purchases, and the name and Florida license number of the supplier of the ether. The department may waive any or all of these specific elements due to the nature of the research, teaching or testing, and the department may require additional information, such as photographs and fingerprint verification, as a condition of issuing the exemption letter. The department may issue an exemption letter to the person which authorizes the purchase or other acquisition and possession of ether. A copy of this exemption letter must be included with required record documentation.

(3) Records:

(a) All persons who are exempt from licensure and reside in the state of Florida shall keep records of ether purchases, use, or disposition which shall be made immediately available to authorized agents of the department of the Department of Law Enforcement.

(b) All original invoices or other documentation representing the sale or transfer of ether required by Part II of Chapter 499, F.S., shall include the name, address and license or permit number of the seller/transferor; the name, address and license or permit number of the recipient/transferee; the date of transfer; and the signature of the purchaser. A copy of an exemption letter issued by the department as provided in subsection (2) of this rule, must be maintained for all sales of ether in excess of 2.5 gallons to persons who are exempt from licensure. All required records shall be retained for a period of 5 years and shall be immediately available and subject to examination and copying by the department and the Florida Department of Law Enforcement of each such transaction.

(c) Computer Records – Records of each transaction involving ether may be maintained by electronic methods, such as computers or imaging devices. The original invoices and other records bearing the information required, or true copies of these original records, must be maintained by the person involved in the transaction, including each broker and agent.

(4) Security: Every person in the state who possesses ether shall secure it in a manner which functionally and practically deters unauthorized access to the ether.

History

• Rulemaking Authority 499.701 FS. Law Implemented 499.03, 499.62, 499.64, 499.65, 499.66, 499.67, 599.79 FS. History–New 11-26-86, Formerly 10D-45.58, Amended 2-4-93, 7-1-96, Formerly 10D-45.058, 64F-12.022, Amended 9-22-22.

Fla. Admin. Code R. 61N-1.023 Restricted Prescription Drug Distributor Permits; Special Provisions

The following Restricted Prescription (Rx) Drug Distributor permits will be issued by the department:

(1) Restricted Rx Drug Distributor – Charitable Organization. This permit is required for a charitable organization to authorize the possession or transfer of prescription drugs, including prescription drug samples. A charitable institution which is otherwise licensed to use, administer, or dispense prescription drugs and which does not distribute or transfer prescription drugs is not required to obtain this permit.

(a) Transfers authorized by this permit are limited to nonprofit affiliates of the permittee authorized to possess prescription drugs, exports to charitable organizations in other countries in compliance with applicable federal and state exportation laws, and the daily transfer to a Florida licensed practitioner authorized to administer or dispense for the purpose of administering or dispensing the prescription drug to patients of the charitable organization with the daily return by the practitioner to the charitable organization permittee of the unused prescription drugs.

(b) Each Restricted Rx Drug Distributor – Charitable Organization permittee shall comply with the following procedures for soliciting and receiving donated prescription drugs, including samples:

1. An identification document shall be provided to any employee or agent authorized to act on behalf of the permittee in soliciting or receiving donations of prescription drugs. The identification document must be in a form which prevents alteration and shall be valid for a limited term. At a minimum it must identify the expiration date; the name, address, FDA central file number, if adopted by the FDA, and state license or permit number of the charitable organization; exhibit the name, signature, and photograph of the authorized employee or agent; and an affirmative statement that the person identified on the document is authorized by the institution to solicit and receive donations of prescription drugs on behalf of the permittee. Upon termination of these responsibilities by the employee or agent or expiration of the identification document, the document must be returned to the permittee for destruction.

2. Maintain a current listing of all employees or agents authorized to solicit and receive prescription drugs on behalf of the permittee.

3. A permittee may only receive a donated prescription drug in its original, unopened packaging with its labeling intact.

(c) The charitable organization may transfer prescription drugs on a daily basis to a Florida licensed medical practitioner providing services to patients of the charitable organization on behalf of the charitable organization. If the practitioner leaves the charitable organization establishment with prescription drugs of the charitable organization, a record documenting the daily transfer to the practitioner must be prepared as well as a record of the prescription drugs administered or dispensed and the prescription drugs returned by the practitioner to the charitable organization upon completion of providing services for the charitable organization on that date.

(2) Restricted Rx Drug Distributor – Health Care Entity. This permit is required for a hospital or health care entity as defined in Section 499.003(21), F.S., for the limited purpose of transferring prescription drugs among hospitals or other health care entities that are (1) under common control as provided in Section 499.003(48)(a)3., F.S.; or (2) members of a group purchasing organization as provided for in Section 499.003(48)(a)1., F.S. For the purpose of this permit and transfers thereunder, an independent contractor cannot be under “common control” as defined in Section 499.003(48)(a)3., F.S. Transfers are limited to a facility under common control or member of the group purchasing organization, either of which must be licensed with a pharmacy permit that authorizes the acquisition and possession of prescription drugs. This permit also authorizes a warehouse or purchasing depot of a university to transfer prescription drugs to practitioner or non-practitioner researchers for university sponsored research conducted in accordance with Section 1004.22, F.S. All requirements of paragraph (6) of this rule, related to the Restricted Rx Drug Distributor – Institutional Research permit must be complied with for transfers under this provision.

(3) Restricted Rx Drug Distributor – Reverse Distributor. This permit is required for persons engaged in the handling, processing and removal of expired or otherwise adulterated or unsuitable prescription drugs on behalf of licensed pharmacies, practitioners, wholesalers, or other persons authorized to possess prescription drugs, hereafter referred to as the “owner establishment” for return to the manufacturer or source of the prescription drug or for destruction. This permit authorizes the reverse distribution of prescription drugs removed from the owner establishment to the manufacturer or source or to a person authorized to arrange for destruction of prescription drugs. This permit is not required if a person only performs the service of processing prescription drugs (preparing the inventory) for return or destruction and does not physically remove any prescription drugs from the owner establishment. A Restricted Rx Drug Distributor – Reverse Distributor permit cannot be issued to the same address or to an address adjacent to a prescription drug wholesaler or prescription drug manufacturer.

(a) As a part of the audit trail and documentation required by Rule 61N-1.012, F.A.C., records must identify at a minimum the name of the prescription drug product and whether it is a prescription drug sample, the manufacturer, and the quantity for each prescription drug removed from the establishment. The NDC code may be used to identify the manufacturer. For partially filled containers, the quantity at a minimum must be estimated.

(b) If the reverse distributor sends prescription drugs to any establishment other than to the manufacturer, that establishment must be authorized to receive adulterated prescription drugs for reverse distribution or destruction purposes. Once a prescription drug has been accepted by a reverse distributor for processing, it cannot be returned to the owner establishment without the written approval of the department.

(c) If a reverse distributor also arranges for the destruction of prescription drugs, dual permitting as a Restricted Rx Drug Distributor – Destruction is not required; however, the reverse distributor must follow all requirements of the Restricted Rx Drug Distributor – Destruction permittee prescribed by subsection (4) of this rule.

(d) In addition to the requirements included here, Controlled Substances must be handled in accordance with D.E.A. provisions. If any conflict exists between D.E.A. provisions and those enumerated herein, the D.E.A. provisions must be followed.

(4) Restricted Rx Drug Distributor – Destruction. This permit is required for a person to take possession in Florida of a prescription drug for the purpose of arranging for its destruction; other than the manufacturer of that drug or a permitted Restricted Rx Drug Distributor – Reverse Distributor. This includes persons transporting prescription drugs to a destruction facility or to a warehouse awaiting destruction, and persons warehousing prescription drugs prior to destruction. Common carriers are not required to obtain this permit, however, contract or private carriers must obtain this permit prior to obtaining possession of the prescription drugs in Florida. A destruction facility (such as a landfill or incineration facility) is not required to obtain this permit if the prescription drugs are destroyed immediately upon receipt. This permit is not required if a person only performs the service of processing prescription drugs (preparing the inventory) for destruction and does not physically remove any prescription drug products from an establishment. A Restricted Rx Drug Distributor – Destruction permit cannot be issued to the same address or to an address adjacent to a prescription drug wholesaler or prescription drug manufacturer.

(a) A Restricted Rx Drug Distributor – Destruction permittee that warehouses or stores prescription drugs prior to destruction must meet the security requirements of a prescription drug wholesaler as enumerated in Section 499.0121(2), F.S., and subsections 61N-1.013(1) and (2), F.A.C., but is not required to meet temperature storage requirements.

(b) As a part of the audit trail and documentation required by Rule 61N-1.012, F.A.C., records, must identify, at a minimum, the name of the product to be destroyed and whether it is a prescription drug sample, the manufacturer, and the quantity for each prescription drug to be destroyed. The NDC code may be used to identify the manufacturer. For partially filled containers, the quantity, at a minimum, must be estimated. Records are required for each transfer of prescription drugs until the drugs have been destroyed.

(c) A Certificate of Destruction must be received from the facility responsible for the ultimate destruction or incineration of the prescription drugs. This certificate shall provide the weight of the prescription drugs destroyed, the manner of destruction, and the time, date and location of the destruction. The Certificate of Destruction must be attached to the records containing the elements set forth in paragraph (4)(b), which details the prescription drugs destroyed.

(d) In addition to the requirements included here, Controlled Substances must be handled in accordance with D.E.A. provisions. If any conflict exists between D.E.A. provisions and those enumerated herein, the D.E.A. provisions must be followed.

(e) In addition to the requirements included here, transporting, storage, and destruction of prescription drugs are also regulated by federal, state and local environmental agencies.

(5) Restricted Rx Drug Distributor – Government Programs. This permit is required for a state or local government agency, or any entity eligible to purchase prescription drugs at public health services prices pursuant to section 602, PL 102-585, hereafter “the entity,” to distribute its prescription drugs to a contract provider or its subcontractor for administering or dispensing to eligible patients of the entity under the eligible program. A prescription drug distributed under this permit may not be sold or transferred for reimbursement or payment of any kind.

(a) The applicant must submit to the department a detailed plan justifying the necessity for this permit which demonstrates that the transfer of a prescription drug under this subsection will enhance the public’s health by improving access, quality, or safety because current drug delivery systems to reach patients of the entity are inadequate. The department will issue the Restricted Rx Drug Distributor – Government Programs permit if the intended distribution enhances accessibility, quality, or safety as set forth in the previous sentence for patients in Florida and does not endanger public health, safety and welfare. To assess the ongoing need for an entity to hold a Restricted Rx Drug Distributor – Government Programs permit, the bureau will periodically request information from the permit holder regarding continued justification under this subsection and may specifically consider inadequate accountability or monitoring as endangering public health, safety and welfare.

(b) The entity must monitor the prescription drugs transferred under this permit. Discrepancies must be investigated and reported by the entity to the bureau.

(6) Restricted Rx Drug Distributor – Institutional Research. This permit is required for a licensed pharmacy of a university to transfer prescription drugs to practitioner or non-practitioner researchers for university sponsored research conducted in accordance with Section 1004.22, F.S.

(a) A non-practitioner recipient researcher is not required to obtain an exemption letter pursuant to subsection 61N-1.011(4), F.A.C., if the researcher and research activities are located on the university campus. However, if the researcher is not located on the university campus and the drug is not stored on the university campus, then an exemption letter is required prior to the transfer of any prescription drugs to the researcher.

(b) The Restricted Rx Drug Distributor – Institutional Research permit holder must maintain records that include at a minimum, the researcher; specific research project/grant number; location in which the research is done and/or storage location of the prescription drug and the researcher’s exemption number if applicable; and the name, strength, dosage form, and quantity of the drug transferred to the researcher. The researcher’s DEA number is also required if a controlled substance has been transferred to the researcher. The researcher must sign for the prescription drug with an acknowledgement that the drug cannot be sold, traded or transferred to anyone not directly involved in the specific research project for which the drug was obtained. If the permit holder is a pharmacy, these records must be maintained separate from the pharmacy dispensing records.

(c) The recipient researcher must maintain security over any prescription drugs and adequate recordkeeping to account for disposition of all prescription drugs received.

(d) The university must designate an individual responsible for periodic monitoring of the distributions under this permit. Such monitoring must include, but is not limited to, unannounced inspections and reconciliation of the inventory of prescription drugs in the researcher’s possession and records of prescription drugs used by university researchers. Discrepancies must be investigated and corrective action implemented as indicated.

History

• Rulemaking Authority 499.05 FS. Law Implemented 499.01, 499.012, 499.0121 FS. History–New 7-1-96, Formerly 10D-45.059, Amended 1-26-99, 4-17-01, Formerly 64F-12.023.

Fla. Admin. Code R. 61N-1.024 Administrative Enforcement

(1) In addition to any other action authorized by law, the department will issue a notice of violation, warning letter, or notice of inspection results to any person that violates Chapter 499, Part I, F.S., and this rule chapter if the documented facts of the case so warrant.

(2) The department sets forth below a summary listing of prohibited acts or other actions which constitute a violation of Chapter 499, F.S., or the rules adopted thereunder. The purpose of this listing is to give notice to permittees, registrants and other persons of the range of penalties which will normally be imposed for violation of particular provisions of Chapter 499, F.S., or rules adopted thereunder in a case where a person is adjudged by the department by final order incorporating an Administrative Complaint to have violated a provision of Chapter 499, F.S., or Chapter 61N-1, F.A.C. Whenever a violation of a particular provision of Chapter 499, F.S., or Chapter 61N-1, F.A.C., is addressed by more than one guideline penalty provision below, the more severe applicable penalty provision will apply. The descriptions of the violations below are only intended to be generally descriptive. The reader should look to the actual statutory and rule provisions cited below to determine the conduct the law actually requires or prohibits.

(3) The guidelines are based upon a single count violation of each provision listed. Each separate violation of a provision of Chapter 499, F.S., or Chapter 61N-1, F.A.C., is subject to a separate fine. Each day a violation continues constitutes a separate violation.

(4) These guidelines generally reflect the Department’s position as to the severity of a given violation. In determining the applicable penalty within a given guideline range, for a violation of a provision of Chapter 499, Part I, F.S., or a rule adopted thereunder, the Department will also consider any previous violations of those provisions by a person as well as any actions taken to correct a violation or remedy complaints.

(5) The following codes outline department policy under Section 499.066, F.S., and are used to designate the general severity in terms of the threat to the public health for a violation.

3

=

Administrative Complaint with a fine ranging from $250.00 to $1,000.00 per violation and up to suspension of permits for one year.

2

=

Administrative Complaint with a fine ranging from $1,000.00 to $3,000.00 per violation, and up to permanent suspension or revocation of permits.

1

=

Administrative Complaint with a fine ranging from $3,000.00 to $5,000.00 per violation; and up to permanent suspension or revocation of permits.

CITE

VIOLATION

GENERAL

SEVERITY

499 refers to Chapter 499, F.S.

1 refers to Chapter 61N-1, F.A.C.

FACILITY, STORAGE:

Section 499.0121(1), F.S.;

Subsection 61N-1.014(4), F.A.C.

Inadequate facility.

3

Section 499.0121(1)(b), F.S.

Inadequate security.

3

Section 499.0121(2)(a), F.S.

Unrestricted access to prescription drugs.

3

Subsection 61N-1.022(4), F.A.C.

Unrestricted access to ether.

3

Section 499.0121(3), F.S.

Inadequate storage.

3

Subsections 61N-1.013(3), and

61N-1.014(1), F.A.C.

Improper temperature conditions.

2

Section 499.0121(1)(b)F.S.

Improper ventilation/physical access.

3

Section 499.0121(1)(c)F.S.; subsection 61N-1.013(4), F.A.C., and Section 499.05355(2), F.S.

No quarantine area.

3

MISCELLANEOUS:

Section 499.012(6), F.S.

Failure to comply with Section 499.012(6), F.S.

2

Section 499.005(4), F.S.

Activity in violation of law or rules.

3

Section 499.005(20), F.S.

Import prescription drug contrary to Federal Food Drug and Cosmetic Act.

1

Section 499.005(21), F.S.

Wholesaling health care entity Rx drugs.

1

Sections 499.01(2)(j), and (2)(m), F.S.

Returning sold drug to inventory.

2

Subsection 61N-1.023(5), F.A.C.

Failure to monitor.

2

Section 499.005(7), F.S.

Using currency for Rx drug transaction.

1

OPERATING:

Sections 499.005(6), and 499.67(5), F.S.

Refusing entry, inspection, taking evidence.

1

Paragraph 61N-1.015(2)(c), F.A.C.

Inaccessible during business hours.

2

Sections 499.005(22), 499.62, F.S., and Rule 61N-12.015, F.A.C.

Failure to obtain proper permit.

2

Section 499.015, F.S., and

Rule 61N-12.016, F.A.C.

Failure to register products ($50 per product per year).

3

Section 499.01(4)(a), F.S., and

subsection 61N-12.016(4), F.A.C.

Failure to notify dept. of address change.

2

Section 499.012(16), F.S.

Violation by or related to certified representative.

2

Section 499.039, F.S.

Transfer of harmful substance.

3

Section 499.039, F.S.

Transfer violation causing injury.

1

RECORDKEEPING:

Sections 499.005(18), 499.0121(6), 499.028, 499.052, 499.66, 499.67, F.S., and Rule 61N-1.012, subsection 61N-1.022(3), F.A.C.

Failing to maintain records, inventories.

2

Sections 499.66, 499.67, F.S., and Rule 61N-1.012, F.A.C.

Failing to make records available.

2

Section 499.005(28), F.S.

Absence of/not providing pedigree papers.

1

Section 499.005(29), F.S.

Failure to accurately complete and timely submit reportable drug price increase forms, reports, and documents as required by s. 499.026 and rules adopted thereunder.

2

Subsection 61N-1.012(1), F.A.C.

Not maintaining a complete audit trail.

2

Subsection 61N-1.012(12), F.A.C.

Separate records, multiple businesses.

Subsection 61N-1.007(2), F.A.C.

No written procedures for medical oxygen.

2

SAMPLES:

Section 499.005(17), F.S.

Sample drug distribution – activity with.

1

Section 499.005(25), F.S.

Charging a dispensing fee for a prescription sample.

1

ADULTERATED AND MISBRANDED:

Section 499.005(1), F.S.

Activity with adulterated or misbranded product.

2

Section 499.005(2), F.S.

Adulterating or misbranding a product.

2

Section 499.005(3), F.S.

Receiving adulterated/misbranded product.

2

Section 499.005(9), F.S.

Making a product misbranded.

2

Subsection 61N-1.007(3), F.A.C.

Improper labeling on medical oxygen.

2

Section 499.013(2)(a), F.S.

Prescription Drug Manufacturer not following GMP.

2

Section 499.013(2)(b), F.S.

OTC Drug Manufacturer not following GMP.

2

Section 499.013(2)(c), F.S., and subsection 61N-1.007(1), F.A.C.

Comp. Med. Gas Manufacturer not following GMP.

2

Section 499.013(2)(d), F.S.

Device Manufacturer not following GMP.

2

Rule 61N-1.010, F.A.C.

Cosmetic Manufacturer not following GMP/guidelines.

2

Section 499.005(1), F.S.

Activity with drug which left regulatory control, GMP.

2

Section 499.005(26), F.S.

Removing pharmacy dispensing label.

1

Section 499.005(27), F.S.

Distributing previously dispensed Rx drug.

1

Sections 499.005(28), and (29), F.S.

Pedigree paper violation.

1

Section 499.0121(4)(d), F.S.

Failure to authenticate pedigree.

1

COUNTERFEIT:

Section 499.005(8), F.S.

Making/dealing in a counterfeit product.

1

FALSE AND MISLEADING:

Section 499.005(5), F.S., and Rule 61N-1.002, F.A.C.

Disseminating false/misleading ad.

3

Section 499.005(10), F.S.

Forging, counterfeiting, falsely representing a product.

1

Section 499.005(11), F.S.

Labeling or advertisement of effectiveness when not.

3

Sections 499.005(19), 499.005(23), 499.66 and 499.67, F.S.

Making false or fraudulent statements.

1

Section 499.005(19), 499.64(4), and 499.67, F.S.

Providing department with false/fraudulent records/statements.

1

Section 499.0054, F.S.

Advertising Violations.

3

Section 499.005(23), F.S.

Obtaining/attempting to obtain by fraud, deceit, misrepresentation, subterfuge.

1

Section 499.005(13), F.S.

Activity w/self-testing HIV/AIDS products.

2

UNAUTHORIZED SOURCE OR RECIPIENT:

Section 499.005(14), F.S.

Purchase or receipt of prescription drug from unauthorized source.

2

Section 499.005(16), F.S.

Purchase or receipt of Comp. Med. Gas from unauthorized source.

2

Section 499.005(15), F.S.

Sale or transfer of prescription drug to unauthorized person.

2

Section 499.005(24), F.S.

Sale or transfer of legend device to unauthorized person.

2

Section 499.01(2)(j), F.S. and subsection 61N-1.012(4), F.A.C.

Improper sale of veterinary Rx drug.

2

Subsection 61N-1.012(4), F.A.C.

Distribution of medical oxygen by medical oxygen retailer without a prescription (order)

2

Section 499.66, F.S.

Sale or transfer of ether to unauthorized person.

2

POSSESSION:

Section 499.01(2)(j), F.S.

Activity relating to human Rx drug by Vet. Retailer.

2

Section 499.01(2)(p)1., F.S.

Possession of prescription drug by OTC Mfgr.

2

Section 499.01(2)(o)1., F.S.

Possession or manufacture of other Rx drug by Comp. Med. Gas Manufacturer.

2

Section 499.01(2)(m), F.S.

Possession of other Rx drugs by medical oxygen retailer.

2

Section 499.023, F.S.

Activity with unapproved new drug.

2

Section 499.03(1), F.S.

Illegal possession, etc. of habit forming toxic, etc. new drug.

2

Section 499.005(12), F.S.

Possession in violation of Sections 499.001-499.081, F.S.

2

Section 499.028(15), F.S.

Illegal possession of a sample drug.

2

Section 499.65, F.S.

Illegal possession of ether >2.5 gallons.

2

Section 499.69, F.S.

Possession of ether within 500' of residence.

2

MEDICAL GAS:

Section 499.91(1), F.S.

Manufacture, sale, or delivery, or the holding or offering for sale, of a medical gas that is adulterated, misbranded, or is otherwise unfit for distribution.

2

Section 499.91(2), F.S.

Adulteration or misbranding of a medical gas.

2

Section 499.91(3), F.S.

Receipt of a medical gas that is adulterated, misbranded, stolen, or obtained by fraud or deceit, and the delivery or proffered delivery of such medical gas for pay or otherwise.

2

Section 499.91(4), F.S.

Alteration, mutilation, destruction, obliteration, or removal of all or any part of the product labeling of a medical gas, or the willful commission of any other act with respect to a medical gas that results in its being misbranded.

2

Section 499.91(5), F.S.

Purchase or receipt of a medical gas from a person not authorized to distribute or dispense medical gas or who is not exempted from permitting requirements to wholesale distribute medical gas to such purchaser or recipient.

2

Section 499.91(6), F.S.

Knowing and willful sale or transfer of a medical gas to a recipient who is not legally authorized to receive a medical gas, except that a violation does not exist if a permitted wholesale distributor provides oxygen to a permitted medical oxygen retail establishment that is out of compliance with the notice of location change requirements of s. 499.833(3)(a), provided that the wholesale distributor with knowledge of the violation notifies the department of the transaction by the next business day.

2

Section 499.91(7), F.S.

Failure to maintain or provide records required under Part III and the rules adopted under Part III.

3

Section 499.91(8), F.S.

Providing the department or any of its representatives or any state or federal official with false or fraudulent records or making false or fraudulent statements regarding Part III or the rules adopted under Part III.

1

Section 499.91(9), F.S.

Distribution of a medical gas that was:

(a) Purchased by a public or private hospital or other health care entity, except for the physical distribution of such medical gas to an authorized recipient at the direction of a hospital or other health care entity;

(b) Donated or supplied at a reduced price to a charitable organization; or

(c) Stolen or obtained by fraud or deceit.

Section 499.91(10), F.S.

Failure to obtain a license or permit or operating without a valid license or permit, if one is required.

2

Section 499.91(11), F.S.

The obtaining of, or attempt to obtain, a medical gas by fraud, deceit, or misrepresentation or engaging in misrepresentation or fraud in the distribution of a medical gas.

1

Section 499.91(12), F.S.

Except for emergency use oxygen, the distribution of a medical gas to a patient without a prescription from a practitioner authorized by law to prescribe a medical gas.

2

Section 499.91(13), F.S.

Distribution or dispensing of a medical gas that was previously dispensed by a pharmacy or a practitioner authorized by law to prescribe.

2

Section 499.91(14), F.S.

Distribution or dispensing of a medical gas or medical gas-related equipment to a patient, unless the patient has been provided with the appropriate information and counseling on the use, storage, and disposal of the medical gas.

2

Section 499.91(15), F.S.

Failure to report an act prohibited under Part III or the rules adopted under Part III.

3

Section 499.91(16), F.S.

Failure to exercise due diligence as provided in s. 499.88.

3

(6) Administrative fines due the department may be paid by personal check, corporate check, cashier’s check, certified check, money order, or other guaranteed funds, payable to the Department of Business and Professional Regulation, Drugs, Devices and Cosmetics Program, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047. The department will take further legal action, including but not limited to, enforcing the underlying agreement if payment of an administrative fine by means of non-guaranteed funds does not result in the full payment of the fine.

(7) If a limited prescription drug veterinary wholesale distributor, prescription drug wholesale distributor or out-of-state prescription drug wholesale distributor fails to pay an administrative fine or costs within 30 days after the fine or costs become final, the department may make a claim against the bond or other security as authorized by Chapter 499, F.S., and this rule chapter.

(8) For any alleged violation of Chapter 499, F.S., or Chapter 61N-1, F.A.C., the Department may elect to provide the alleged violator with a notice of violation, in order to facilitate the uncontested settlement of all issues related to a complaint or investigation. Generally, this will be done at the completion of an investigation and prior to the filing of an Administrative Complaint. The notice of violation will advise the alleged violator of the statutory violations and provide a proposed penalty for settlement of the disciplinary matters related to a complaint. Upon issuing the notice of violation to an alleged violator, the Department will provide instructions on when and how the alleged violator can settle the disciplinary matter by accepting the notice of violation.

(9) No provision in this section will prevent or restrict the Department from denying a permit, registration or certification based on any provision of Chapter 499, F.S., that authorizes such action.

(10) No provision of this section will prevent or restrict the Department’s authority to enter into any settlement agreement concerning violations of Chapter 499, F.S., or this rule chapter, pursuant to the authority of Section 120.57(4), F.S.

History

• Rulemaking Authority 499.039, 499.05, 499.701 FS. Law Implemented 499.012, 499.039, 499.05, 499.066, 499.067, 499.701, 499.72, 499.91 FS. History–New 7-1-96, Formerly 10D-45.0595, Amended 1-26-99, 4-17-01, 1-1-04, 2-24-05, 9-22-09, Formerly 64F-12.024, Amended 3-16-25.

Fla. Admin. Code R. 61N-1.0241 Citation Authority

(1) In lieu of the disciplinary procedures contained in ss. 499.005, 499.051, and 499.066, F.S., the offenses enumerated in this rule may be resolved by the issuance of a nondisciplinary citation. The citation will be issued using Form DBPR-DDC-250, Uniform Nondisciplinary Citation, effective February 2026, incorporated herein by reference, http://flrules.org/Gateway/reference.asp?No=Ref-19047. A copy of Form DBPR-DDC-250, Uniform Nondisciplinary Citation, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

(2) Should the offense for which a citation could be issued occur in conjunction with violations not described herein, then the disciplinary procedures of ss. 499.005, 499.051, and 499.066, F.S., shall apply.

(3) The violations set forth below are violations for which there may be no substantial threat to the public health, safety, or welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the fine to be imposed. In addition to any administrative fine imposed, the Respondent may be required by the Department to pay the costs of investigation.

(4) The following violations may be disposed of by citation with the specified fine:

VIOLATION

CITE

FINE

Failure to notify the Department before making a change of address.

Section 499.012(6)(a), F.S.

Rule 61N-1.015(5), F.A.C

$1,000 fine

Failure to provide required records within two business days.

Section 499.0121(6), F.S.

$1,000 fine

Failure to register a drug or device with the Department.

Section 499.015(1)(a), F.S.

$250 fine

The sale, purchase, or trade or offer to sell, purchase or trade any drug sample.

Section 499.028(2), F.S.

$3,000 fine

Failure to be available for inspection at a permitted address during business hours.

Rule 61N-1.015(2)(c), F.A.C.

$1,000 fine

The purchase or sale of prescription drugs for wholesale distribution in exchange for currency.

Section 499.005(7), F.S.

$1,000 fine

(5) The citation may be rescinded by the Department if the person remedies or corrects the violations or deficiencies contained in the citation within 30 days after the citation is served. The person is responsible for providing evidence of the remedy or correction to the Department within 30 days after the citation is served. The 30 days may not be extended and shall expire at 12:01 a.m. on the 31st day after the citation is served.

(6) If the person does not dispute the matter in the citation in writing within 30 days after the citation is served, the citation shall become a final order of the Department. The person has 30 days from the date the citation becomes a final order to pay the fine and costs. All fines and costs are to be made payable to “The Professional Regulation Trust Fund.”

History

• Rulemaking Authority 499.066(8) FS. Law Implemented 499.066(8), 499.005 FS. History–New 3-9-26.

Fla. Admin. Code R. 61N-1.0245 Notification of Noncompliance; Minor Violations

(1) In accordance with Section 120.695, F.S., the Department of Business and Professional Regulation (hereinafter the “Department”) may issue a notice of noncompliance to a licensee, registrant or permitholder for an initial offense of a minor violation.

(2) The Department designates a violation of subsection 61N-1.012(5), F.A.C. – Failure to maintain a copy of the Florida Drug and Cosmetic Act, Chapter 499, Part I, F.S., and Chapter 61N-1, F.A.C., Regulations for Drugs, Devices and Cosmetics, at the permitted establishment, as a minor violation for which a notice of noncompliance may be issued.

(3) The designation of a minor violation for purposes of Section 120.695, F.S., is limited to only initial violations in which corrective action is commenced within 14 days after the licensee, registrant or permitholder’s receipt of the Department’s issuance of a notice of noncompliance. The failure of a licensee, registrant or permitholder to comply with the notice of noncompliance within the prescribed period of time shall no longer be deemed a minor violation and shall be treated as a disciplinary violation pursuant to Section 499.066, F.S., and/or Rule 61N-1.024, F.A.C. Violations of this section shall be handled in accordance with the standard disciplinary guidelines of the Department. Nothing provided in this section shall restrict the Department from seeking full administrative action in such instances where aggravating circumstances are present which would preclude a minor violation dismissal.

(4) The notice of noncompliance may be delivered to the licensee, registrant or permitholder’s current mailing address by certified mail, by restricted delivery or by personal service. The notice of noncompliance may also be issued by an authorized representative of the Department.

History

• Rulemaking Authority 120.695(2)(c), 499.05 FS. Law Implemented 120.695, 499.05, 499.066 FS. History–New 11-2-17.

Fla. Admin. Code R. 61N-1.025 Certification Authority and Digital Signatures for Self-Authenticating Electronic Pedigree

(1) As used in this rule chapter the terms “certificate” and “Certification Authority” are as defined by Section 668.003, F.S. (2005). The department will list on its website one or more companies authorized to serve as a Certification Authority to issue digital certificates to persons for purposes of certifying via a digital signature the accuracy and completeness of a pedigree paper for authentication purposes under sub-subparagraph 61N-1.013(5)(d)1.f., F.A.C. The department recognizes that a Certification Authority listed on the department’s website may revoke any digital certificate it has issued. In addition, the department recognizes that the certificate holder and the employer of the certificate holder may also seek revocation of a certificate, for example because of termination of the holder’s employment or change of the holder’s authority to sign a pedigree for the employing establishment.

(2) The department will list on its website a Certification Authority that requests in writing to the bureau that it be so listed, if the request demonstrates:

(a) The Certification Authority meets the requirements set forth in the Federal Government Bridge Certification Authority Certificate Policy (FBCA CP), of the federal General Services Administration for “medium assurance” certificates, or comparable requirements.

(b) The Certification Authority will issue two types of certificates the status of which is ascertainable within the digital signature. One type of certificate will indicate that the person to whom the digital signature is issued signs on behalf of a company that is lawfully permitted in Florida to engage in the unrestricted wholesale distribution of a prescription drug in or into Florida. The other type of certificate will indicate that the person to whom the digital signature is issued signs on behalf of a company that is not lawfully permitted in Florida but is lawfully permitted in its resident state to engage in the wholesale distribution of prescription drugs, or is licensed in Florida under a restricted distributor permit.

(c) The Certification Authority requires at a minimum the following written documentation prior to granting a digital certificate to the person requesting a digital signature to sign an electronic pedigree:

1. Authorization from the establishment for whom the person is requesting a digital certificate that that person may sign pedigree papers on the establishment’s behalf,

2. A valid, unexpired identification document which bears a photograph of the person requesting a digital certificate such as:

a. A passport issued by the United States, an immigration document issued by the Federal Government, or any document issued by an agency of the Federal Government or the Armed Services of the United States,

b. A passport issued by a foreign government if the passport includes or is accompanied by a document proving that the alien is lawfully in the United States, or

c. A document issued by a state or political subdivision if the issuing state or political subdivision prohibits the issuance of the identification document to an alien who is unlawfully in the United States, and the state or political subdivision requires independent verification of the records offered by the person to prove identity when applying for the identification document.

3.a. A copy of the state issued permit for the company’s name and address for whom the person is requesting a digital certificate demonstrating authorization by the state of Florida to engage in the unrestricted wholesale distribution of prescription drugs in or into Florida, or

b. A copy of the state issued permit or license for the company’s name and address for whom the person is requesting a digital certificate demonstrating authorization by the state in which the company resides to engage in the wholesale distribution of prescription drugs, or demonstrating authorization by the state of Florida to engage in the wholesale distribution of prescription drugs under a restricted distributor permit.

(d) The Certification Authority shall submit to the department a statement from an independent auditor confirming that the Certification Authority complies with the requirements of this rule and the applicable provisions of subparagraph 61N-1.013(5)(d)1., F.A.C., so that a recipient of a pedigree signed with a digital signature issued by the Certification Authority can rely on the integrity of the digital signature.

(3) To remain listed as a Certification Authority on the department’s website, the Certification Authority must submit a signed statement certifying to the department on an annual basis that it operates in accordance with the requirements of this section and has been audited by a qualified independent (from the operator of the Certification Authority) auditor on at least an annual basis. The Certification Authority must also submit a signed statement from an independent auditor that the Certification Authority complies with the requirements of this rule and the applicable provisions of sub-subparagraph 61N-1.013(5)(d)1.f., F.A.C. This documentation must be submitted to the department by June 1 of each year in order to remain listed on the department’s website as a Certification Authority for the next July 1 – June 30 period.

(4) If a Certification Authority proposes comparable requirements to the FBCA CP “medium assurance” certificates, the Certification Authority must provide a detailed crosswalk between the standards set forth for the FBCA CP “medium assurance” certificates and the proposed comparable requirements with a detailed explanation describing how the comparable requirements provide at least the same level of assurance as the FBCA CP standards.

(5) If any of the requirements in the FBCA CP differ from those set forth in this rule, the ones set forth in this rule shall prevail.

(6) If authorized by the affected establishments that lawfully purchase or receive prescription drugs to digitally sign their electronic pedigrees, an employee may be issued digital certificates for each such establishment or for multiple permits of a single establishment.

(7)(a) The loss, theft, or compromise of a private key or password must be communicated to the Certification Authority within 24 hours of discovery of the key’s loss, theft, or compromise. Notification should promptly result in a request for revocation of the Certificate holder’s digital certificate and must include sufficient information to uniquely identify the certificate holder. Revocation shall be effective upon issuance of the next Certificate Revocation List.

(b) During the lifetime of the certificate, the Certificate Authority must for each certificate issued verify the license status has not been suspended, revoked, or otherwise inactivated for the wholesale distribution of prescription drugs. The Certificate Authority must perform this check at least weekly. If it is found the license status has been suspended, revoked, or otherwise inactivated, then the Certificate Authority must issue a certificate revocation for all certificates issued effective the date of the license change.

(8) Either the certificate holder or the establishment shall request revocation of a certificate holder’s digital certificate upon termination of the certificate holder’s authorization to make digital signatures on behalf of the establishment. Notification should promptly request revocation of the certificate holder’s digital certificate and must include sufficient information to uniquely identify the certificate holder. Revocation shall be effective upon issuance of the next Certificate Revocation List.

(9) The establishment is ultimately responsible for electronic pedigrees that have been digitally signed on its behalf.

(10) Until a Certification Authority can submit the audit required in paragraph (2)(d) or June 30, 2007, whichever is earlier, the Department will provisionally list a Certification Authority requesting to be listed on the Department’s website www.myfloridalicense.com as a Certification Authority, provided that the Certification authority submits the audit required by paragraph (2)(d) by June 15, 2007, and otherwise operates in accordance with the requirements of this rule. A digital certification issued by a provisionally listed Certification Authority must expire and be revoked on or before June 30, 2007. Any provisionally listed Certification Authority that has not submitted the audit required in paragraph (2)(d) by June 15, 2007, will be removed from the provisional list and may not operate as a Certification Authority under this section. Upon submission of the audit required by paragraph (2)(d), the Certification Authority will be listed without the provisional designation. Upon removal of the provisional designation, a Certification Authority must reissue all existing digital certificates.

History

• Rulemaking Authority 499.003, 499.0121, 499.0122, 499.013, 499.014, 499.05 FS. Law Implemented 499.003, 499.012, 499.0121, 499.0122, 499.013, 499.014, 499.051, 499.052 FS. History–New 8-6-06, Amended 9-5-07, Formerly 64F-12.025.

Fla. Admin. Code R. 61N-1.026 Cancer Drug Donation Program

The purpose of this section is to establish and maintain a cancer drug donation program under which unused cancer prescription drugs and cancer supplies may be donated and dispensed to eligible individuals who are diagnosed with cancer. This rule applies to the department or any person who donates, receives, dispenses or otherwise participates or wishes to participate in the cancer drug donation program.

(1) Recipient Eligibility Requirements.

(a) A Florida resident who is diagnosed with cancer is eligible to receive drugs or supplies under the cancer drug donation program unless the person falls under paragraph 61N-1.026(1)(b), F.A.C.

(b) A Florida resident is ineligible to participate in the cancer drug donation program if the person is eligible to receive cancer drugs or supplies through the Medicaid program, third-party insurer or any other prescription drug program funded in whole or in part by the Federal Government, unless these benefits have been exhausted, or a certain cancer drug or supply need by the patient is not covered by the prescription drug program as stated in Section 499.029(9), F.S.

(2) Donor Eligibility Requirements. Any person defined as a donor in Section 499.029(3), F.S., is determined to be eligible to be a donor.

(3) Participant Facility Requirements.

(a) Eligibility: Only a Class II Institutional Pharmacy, permitted under Chapter 465, F.S., that accepts, stores and dispenses donated cancer drugs and supplies may participate in the cancer drug donation program.

(b) Notice of Participation: Participation in the cancer drug donation program is voluntary. To be eligible for participation in the cancer drug donation program, a Class II Institutional Pharmacy must elect to participate and provide the department with all of the following as set forth in Form DH-MQA 1100, 2/07, incorporated by reference in subsection (4):

1. The name, permit number, street address, and telephone number of the pharmacy,

2. The name and telephone number of a pharmacist or another contact as determined by the pharmacist who is employed by or under contract with the pharmacy,

3. A statement indicating the pharmacy meets the eligibility requirements under paragraph (3)(a), herein.

(c) Withdrawal from participation: A pharmacy may withdraw from participation in the cancer drug donation program upon at least 10 days written notification to the department as set forth in Form DH-MQA 1100, 2/07, incorporated by reference in subsection (4).

(d) Storage: Cancer drugs and supplies donated under the cancer drug donation program shall be stored in a secure storage area under environmental conditions appropriate for the cancer drugs or supplies being stored. Donated cancer drugs and supplies may not be stored with non-donated inventory.

(e) Dispensing:

1. Cancer drugs and supplies shall be dispensed by a licensed pharmacist, whether or not employed by or under contract with a participant facility, pursuant to the requirements in Chapter 465, F.S.,

2. The pharmacist shall inspect the donated cancer drugs and supplies for adulteration, misbranding, mislabeling, and the date of expiration before dispensing. Cancer drugs or supplies that are tampered with, expired, adulterated, mislabeled or misbranded may not be dispensed,

3. Before a cancer drug or supply may be dispensed to a recipient, the recipient shall sign a cancer drug donation program Recipient Record, Form DH-MQA 1098, 2/07, incorporated by reference in subsection (4), and shall be notified, both orally and in writing, that the cancer drug or supply may have been previously dispensed,

4. Cancer drugs and supplies shall be dispensed only to recipients who meet the following eligibility requirements:

a. Individuals who are uninsured,

b. All other individuals who are otherwise eligible under subsection (1), herein, to receive cancer drugs or supplies from the cancer drug donation program.

5. Cancer drugs or supplies may not be donated to a specific cancer patient.

(f) Recordkeeping requirements:

1. Donor and Recipient Records as reflected in Forms DH-MQA 1099, 2/07 and 1098, 2/07, incorporated by reference in subsection (4), shall be maintained at least 3 years by the participant facility.

2. Destruction Records for donated drugs or supplies as reflected in Form DH-MQA 1099, 2/07, incorporated by reference in subsection (4), shall be maintained at least 3 years by the participant facility. For each drug or supply destroyed the record shall include all of the following information:

a. The date of destruction,

b. The name, strength and quantity of the cancer drug destroyed,

c. The name of the person or firm that destroyed the drug,

d. The source of the drugs or supplies destroyed.

(4) Required Forms for Program Participants.

(a) Cancer Drug Donation Program Recipient Record, DH-MQA 1098, effective February 2007 and incorporated herein by reference.

(b) Cancer Drug Donation Program Donation and Destruction Record, DH-MQA 1099, effective February 2007, and incorporated herein by reference.

(c) Cancer Drug Donation Program Notice of Participation or Withdrawal, DOH Form DH-MQA 1100, effective February 2007, and incorporated herein by reference.

The above referenced required forms are available by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, or by downloading them from the department’s website.

(5) Dispensing Fees. A cancer drug donation program participant facility may charge the recipient of the drug or supply a handling fee of no more than 300% of the Medicaid dispensing fee or no more than $15.00, whichever is less, for each cancer drug or supply dispensed.

(6) Categories of drugs and supplies eligible for donation.

(a) Cancer drugs. A cancer drug is eligible for donation under the cancer drug donation program only if all the following requirements are met:

1. The donation is accompanied by a completed cancer drug donation program Donation Record that is signed by the person making the donation or that person’s authorized representative,

2. The drug’s expiration date is at least 6 months later than the date that the drug was donated and its tamper resistant packaging is intact,

3. The drug is in its original, unopened, sealed, tamper-evident unit dose packaging that includes the drug’s lot number and expiration date. Single-unit dose drugs may be accepted if the single-unit dose packaging is unopened,

4. Cancer drugs billed to and paid for by Medicaid in long-term care facilities are not eligible for donation unless not reimbursable by Medicaid.

(b) Cancer supplies. Cancer supplies are eligible for donation under the cancer drug donation program only if the supplies meet all the following requirements:

1. The supplies have not been tampered with or mislabeled; the supplies are in their original, unopened, sealed packaging,

2. The donation is accompanied by a completed cancer drug donation program Donation Record that is signed by the person making the donation or that person’s authorized representative.

(c) Drugs and supplies not eligible for donation. All of the following drugs are ineligible for donation or acceptance under the cancer drug donation program.

1. Substances listed in Schedule II, Schedule III, Schedule IV or Schedule V of Section 893.03, F.S.,

2. Drugs and supplies that do not meet the criteria under paragraphs (6)(a) and (b), herein,

3. Drugs that expire less than 6 months after the date of donation.

(7) The Department shall establish a website to maintain the registry of participant facilities. The website shall also contain links to cancer drug manufacturers that offer drug assistance programs or free medication.

History

• Rulemaking Authority 499.029(8) FS. Law Implemented 499.029 FS. History–New 8-6-07, Formerly 64F-12.026.

Fla. Admin. Code R. 61N-1.027 Distribution of Medical Oxygen for Emergency Use

(1) “Emergency use” means the administration of oxygen USP to an individual that is experiencing an unexpected, life-threatening, medical situation which requires immediate action.

(2) “Persons authorized to receive emergency use oxygen” means:

(a) A person experiencing an unexpected, life-threatening, medical situation due to oxygen deficiency and requiring resuscitation;

(b) A person exempted pursuant to Section 499.03, F.S.; and,

(c) Business establishments, universities, schools, and other such entities or organization conducting lawful activities which include frequent contact or interaction with members of the public, e.g. banks, hotels, restaurants, recreation camps, theme parks and resorts, and sports arenas. These establishments must employ an individual that has training on the use and administration of emergency use oxygen.

(3) “Transfilling” means transferring the gas, either in a liquid or gaseous state, from a larger container into smaller containers (i.e., high-pressure cylinders or cryogenic vessels).

(4) A Florida-permitted prescription drug manufacturer, prescription drug repackager or medical gas manufacturer may transfill and distribute a medical oxygen cylinder to persons authorized to receive emergency use oxygen for emergency use.

(5) A Florida-permitted medical gas wholesale distributor or medical oxygen retail establishment may distribute a medical oxygen cylinder to persons authorized to receive emergency use oxygen for emergency use.

(6) Entities distributing emergency use oxygen pursuant to this rule must:

(a) Have a current permit, or have a permit that is undergoing renewal and allowed to continue to operate during the division’s review and processing of the renewal;

(b) Have a policy and procedure in place governing its distribution of emergency use medical oxygen that complies with the requirements for wholesale distributions set forth in Section 499.90, F.S.;

(c) Include the statement on the cylinder or vessel label: “For emergency use only when administered by properly trained personnel for oxygen deficiency and resuscitation. For all other medical applications, prescription statement.” The Prescription statement is “Rx Only” or the prescription symbol followed by the word “Only”; and,

(d) Create contemporaneously with and no later than 24 hours after the distribution of emergency use medical oxygen to persons authorized to receive emergency use oxygen, records pertaining to the distribution that comply with the recordkeeping requirements set forth in Section 499.89, F.S. If the distribution is to a person that does not have a license or permit, the establishment is not required to include the purchaser’s license or permit number and its expiration date in the records. The record, including the invoice or delivery ticket, shall indicate that the distribution was for “emergency use” in the permit number field of the audit trail outbound document.

(7) Establishments distributing “emergency use” oxygen pursuant to this rule shall comply with the container labeling requirements and good manufacturing practices of the United State Food, Drug and Cosmetic Act, 21 U.S.C., Chapter 9, and Rule 61N-1.007, F.A.C.

History

• Rulemaking Authority 499.85 FS. Law Implemented 499.83, 499.85, 499.86, 499.89, 499.90 F.S. History‒New 1-19-16.

Fla. Admin. Code R. 61N-1.028 Product Tracking and Tracing ‒ Definitions

The following definitions apply to the product tracking and tracing requirements set forth in Rules 61N-1.029, 61N-1.030, 61N-1.031 and 61N-1.032, F.A.C.

(1) “AFFILIATE” means a business entity that has a relationship with a second business entity if, directly or indirectly:

(a) One business entity controls, or has the power to control, the other business entity, or

(b) A third party controls, or has the power to control, both of the business entities.

(2) “AUTHORIZED” means:

(a) A manufacturer or repackager, registered as a drug establishment with the FDA;

(b) A wholesale distributor, having a valid license under Florida law or federal law, and complying with the licensure reporting requirements under 21 U.S.C. s. 353(e), (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06713;

(c) A third-party logistics provider, having a valid license under Florida law or federal law, and complying with the licensure reporting requirements under 21 U.S.C. s. 360eee-3(b) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06714; and,

(d) A dispenser, having a valid license under Florida law.

(3) “DISPENSER” means a retail pharmacy, hospital pharmacy, a group of chain pharmacies under common ownership and control that do not act as a wholesale distributor, or any other person authorized by law to dispense or administer prescription drugs, and the affiliated warehouses or distribution centers of such entities under common ownership and control that do not act as a wholesale distributor. Dispenser does not include a person who dispenses only products to be used in animals when the product is dispensed on the lawful written or oral order of a licensed veterinarian within the context of a veterinarian-client-patient relationship.

(4) “DISPOSITION” means, with respect to a product within the possession or control of an entity, the removal of such product from the pharmaceutical distribution supply chain, which may include disposal or return of the product for disposal or other handling or actions, such as retaining a sample of the product for further additional physical examination or laboratory analysis of the product by a manufacturer or regulatory or law enforcement agency.

(5) “DISTRIBUTE” or “DISTRIBUTION” means to sell, purchase, trade, deliver, handle, store, or receive a product. The term does not mean to administer or dispense and does not include the billing and invoicing activities that commonly follow a wholesale distribution transaction.

(6) “EXCLUSIVE DISTRIBUTOR” means the wholesale distributor that directly purchased the product from the manufacturer and is the sole distributor of that manufacturer’s product to a subsequent repackager, wholesale distributor, or dispenser.

(7) “GRANDFATHERED” means, with respect to a product, a product that is not labeled with a product identifier and that entered the pharmaceutical distribution supply chain on or before March 1, 2016.

(8) “HOMOGENOUS CASE” means a sealed case containing only product that has a single National Drug Code number belonging to a single lot.

(9) “ILLEGITIMATE PRODUCT” means a product that:

(a) Is counterfeit, diverted, or stolen;

(b) Is intentionally adulterated such that the product would result in serious adverse health consequences or death to humans;

(c) Is the subject of a fraudulent transaction, or

(d) Appears unfit for distribution such that the product would likely result in serious adverse health consequences or death to humans.

(10) “LICENSED” means having a valid license in accordance with Florida law. For the purposes of Rules 61N-1.028, 61N-1.029, 61N-1.030, 61N-1.031 and 61N-1.032, F.A.C., a dispenser is considered “licensed” if the dispenser has a valid license under Florida law.

(11) “MANUFACTURER” means:

(a) A person that holds an application approved under 21 U.S.C. 355 (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06715, or a license issued under section 351 of the Public Health Service Act (42 U.S.C. s. 262) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06716, for such product, or if such product is not the subject of an approved application or license, the person who manufactured the product;

(b) A co-licensed partner or affiliate of a person described in paragraph 61N-1.028(11)(a), F.A.C., that obtains the product directly from a person described in this paragraph or paragraph 61N-1.028(11)(a) or 61N-1.028(11)(c), F.A.C., or

(c) An affiliate of a person described in paragraph 61N-1.028(11)(a) or 61N-1.028(11)(b), F.A.C., that receives the product directly from a person described in this paragraph or paragraph 61N-1.028(11)(a) or 61N-1.028(11)(b), F.A.C.

(12) “MEDICAL CONVENIENCE KIT” means packages or units that contain combination products as defined in 21 C.F.R. s. 3.2(e)(2) (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06712.

A “medical convenience kit” is considered an “exempt medical convenience kit” if it is a collection of finished medical devices, which may include a product or biological product, assembled in kit form strictly for the convenience of the purchaser or user, and:

(a) The kit is assembled in an establishment that is registered with the Food and Drug Administration as a device manufacturer in accordance with 21 U.S.C. s. 360(b)(2) (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06717;

(b) The kit does not contain a controlled substance that appears in a schedule contained in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. s. 801 et seq.) (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06718, or Chapter 893, F.S.;

(c) If the kit includes a product:

1. The person that manufacturers the kit purchased the product directly from the pharmaceutical manufacturer or from a wholesale distributor that purchased the product directly from the pharmaceutical manufacturer and did not alter the primary container or label of the product as purchased from the manufacturer or wholesale distributor; and,

2. The product is:

a. An intravenous solution intended for the replenishment of fluids and electrolytes,

b. A product intended to maintain the equilibrium of water and minerals in the body,

c. A product intended for irrigation or reconstitution,

d. An anesthetic,

e. An anticoagulant,

f. A vasopressor, or

g. A sympathomimetic.

(13) “PACKAGE” means the smallest individual saleable unit of product for distribution by a manufacturer or repackager that is intended by the manufacturer for ultimate sale to the dispenser of such product. For purposes of this paragraph, an “individual saleable unit” is the smallest container of product introduced into commerce by the manufacturer or repackager that is intended by the manufacturer or repackager for individual sale to a dispenser.

(14) “PRODUCT” means a prescription drug in a finished dosage form for administration to a patient without substantial further manufacturing (such as capsules, tablets, and lyophilized products before reconstitution), but does not include blood or blood components intended for transfusion, radioactive drugs or radioactive biological products (as defined in section 600.3(ee) of title 21, Code of Federal Regulations) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06719, that are regulated by the Nuclear Regulatory Commission or by a State pursuant to an agreement with such Commission under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. s. 2021) (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06720, imaging drugs, an intravenous product described in subparagraph 14., 15. or 16. of paragraph (25)(b), below, any medical gas (as defined in 21 U.S.C. s. 360ddd) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06721, homeopathic drugs marketed in accordance with applicable guidance under this Act, or a drug compounded in compliance with 21 U.S.C. s. 353a (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06722, or 21 U.S.C. s. 353b (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06723.

(15) “PRODUCT IDENTIFIER” means a standardized graphic that includes, in both human readable form and on a machine-readable data carrier, the standardized numerical identifier, lot number, and expiration date of the product. Unless authorized by the department, the applicable data shall be included in a 2-dimensional data matrix barcode when affixed to, or imprinted upon a package and homogeneous case.

(16) “QUARANTINE” means the storage or identification of a product, to prevent distribution or transfer of the product, in a physically separate area clearly identified for such use.

(17) “REPACKAGER” means a person who owns or operates an establishment that repacks and relabels a product or package for further sale or distribution without a further transaction.

(18) “RETURN” means providing product to the authorized immediate trading partner from which such product was purchased or received, or to a returns processor or reverse logistics provider for handling of such product.

(19) “RETURNS PROCESSOR or REVERSE LOGISTICS PROVIDER” means a person who owns or operates an establishment that dispositions or otherwise processes saleable or nonsaleable product received from an authorized trading partner such that the product may be processed for credit to the purchaser, manufacturer, or seller or disposed of for no further distribution.

(20) “SPECIFIC PATIENT NEED” refers to the transfer of a product from one pharmacy to another to fill a prescription for an identified patient. Such term does not include the transfer of a product from one pharmacy to another for the purpose of increasing or replenishing stock in anticipation of a potential need.

(21) “STANDARDIZED NUMERICAL IDENTIFIER” means a set of numbers or characters used to uniquely identify each package or homogenous case that is composed of the National Drug Code that corresponds to the specific product (including the particular package configuration) combined with a unique alphanumeric serial number of up to 20 characters.

(22) “SUSPECT PRODUCT” means a product for which there is reason to believe that such product:

(a) Is potentially counterfeit, diverted, or stolen;

(b) Is potentially intentionally adulterated such that the product would result in serious adverse health consequences or death to humans;

(c) Is potentially the subject of a fraudulent transaction, or

(d) Appears otherwise unfit for distribution such that the product would result in serious adverse health consequences or death to humans.

(23) “THIRD PARTY LOGISTICS PROVIDER” means an entity that provides or coordinates warehousing, or other logistics services of a product in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of a product, but does not take ownership of the product, nor have responsibility to direct the sale or disposition of the product.

(24) “TRADING PARTNER” means:

(a) A manufacturer, repackager, wholesale distributor, or dispenser from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts direct ownership of a product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers direct ownership of a product, or

(b) A third-party logistics provider from whom a manufacturer, repackager, wholesale distributor, or dispenser accepts direct possession of a product or to whom a manufacturer, repackager, wholesale distributor, or dispenser transfers direct possession of a product.

(25) “TRANSACTION.”

(a) The term “transaction” means the transfer of product between persons in which a change of ownership occurs.

(b) EXEMPTIONS. The term “transaction” does not include:

1. Intracompany distribution of any product between members of an affiliate or within a manufacturer,

2. The distribution of a product among hospitals or other health care entities that are under common control,

3. The distribution of a product for emergency medical reasons including a public health emergency declaration pursuant to section 319 of the Public Health Service Act (42 U.S.C. s. 247d) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06724, except that a drug shortage not caused by a public health emergency shall not constitute an emergency medical reason;

4. The dispensing of a product pursuant to a prescription executed in accordance with 21 U.S.C. s. 353(b)(1) (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06725.

5. The distribution of product samples by a manufacturer or a licensed wholesale distributor in accordance with 21 U.S.C. s. 353(d) (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06726.

6. The distribution of blood or blood components intended for transfusion,

7. The distribution of minimal quantities of product by a licensed retail pharmacy to a licensed practitioner for office use,

8. The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in 26 U.S.C. s. 501(c)(3) (Internal Revenue Code) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06727, to a nonprofit affiliate of the organization to the extent otherwise permitted by law,

9. The distribution of a product pursuant to the sale or merger of a pharmacy or pharmacies or a wholesale distributor or wholesale distributors, except that any records required to be maintained for the product shall be transferred to the new owner of the pharmacy or pharmacies or wholesale distributor or wholesale distributors,

10. The dispensing of a product approved under 21 U.S.C. s. 360b(c) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06731.

11. Products transferred to or from any facility that is licensed by the Nuclear Regulatory Commission or by a State pursuant to an agreement with such Commission under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. s. 2021) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06720.

12. A combination product that is not subject to approval under 21 U.S.C. s. 355 (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06715, or licensure under 42 U.S.C. s. 262 (section 351 of the Public Health Service Act) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06716, and that is:

a. A product comprised of a device and 1 or more other regulated components (such as a drug/device, biologic/device, or drug/device/biologic) that are physically, chemically, or otherwise combined or mixed and produced as a single entity,

b. 2 or more separate products packaged together in a single package or as a unit and comprised of a drug and device or device and biological product, or

c. 2 or more finished medical devices plus one or more drug or biological products that are packaged together in a “medical convenience kit,”

13. The distribution of an “exempt medical convenice kit” as set forth in subsection 61N-1.028(12), F.A.C.,

14. The distribution of an intravenous product that, by its formulation, is intended for the replenishment of fluids and electrolytes (such as sodium, chloride, and potassium) or calories (such as dextrose and amino acids),

15. The distribution of an intravenous product used to maintain the equilibrium of water and minerals in the body, such as dialysis solutions,

16. The distribution of a product that is intended for irrigation, or sterile water, whether intended for such purposes or for injection,

17. The distribution of a medical gas (as defined in 21 U.S.C. s. 360ddd) (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06721, or

18. The distribution or sale of any licensed product under 42 U.S.C. s. 262 ( section 351 of the Public Health Service Act) (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06716, that meets the definition of a device under 21 U.S.C. s. 321(h) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06729.

(26) “TRANSACTION HISTORY” means a statement in paper or electronic form, including the transaction information for each prior transaction going back to the manufacturer of the product. The transaction history for a grandfathered product begins with the owner of the product on January 1, 2015.

(27) “TRANSACTION INFORMATION” means:

(a) The proprietary or established name or names of the product;

(b) The strength and dosage form of the product;

(c) The National Drug Code number of the product;

(d) The container size;

(e) The number of containers;

(f) The lot number of the product;

(g) The date of the transaction;

(h) The date of the shipment, if more than 24 hours after the date of the transaction;

(i) The business name and address of the person from whom ownership is being transferred; and,

(j) The business name and address of the person to whom ownership is being transferred.

(28) “TRANSACTION STATEMENT” means a statement, in paper or electronic form, that the entity transferring ownership in a transaction:

(a) Is authorized as required under this chapter;

(b) Received the product from a person that is authorized as defined in subsection 61N-1.028(2), F.A.C.;

(c) Received transaction information and a transaction statement from the prior owner of the product, as required under Rules 61N-1.028, 61N-1.029, 61N-1.030, 61N-1.031 and 61N-1.032, F.A.C.;

(d) Did not knowingly ship a suspect or illegitimate product;

(e) Had systems and processes in place to comply with verification requirements under Rules 61N-1.028, 61N-1.029, 61N-1.030, 61N-1.031 and 61N-1.032, F.A.C.;

(f) Did not knowingly provide false transaction information; and,

(g) Did not knowingly alter the transaction history.

The owner of a grandfathered product is exempt from asserting receipt of transaction information and transaction statement from the prior owner.

(29) “VERIFICATION” or “VERIFY” means determining whether the product identifier affixed to, or imprinted upon, a package or homogeneous case corresponds to the standardized numerical identifier or lot number and expiration date assigned to the product by the manufacturer or the repackager.

(30) “WHOLESALE DISTRIBUTION” means the distribution of a drug subject to 21 U.S.C. s. 353(b) (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06723, to a person other than a consumer or patient, or receipt of a drug subject to 21 U.S.C. s. 353(b) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06723, by a person other than the consumer or patient, but does not include:

(a) Intracompany distribution of any drug between members of an affiliate or within a manufacturer;

(b) The distribution of a drug, or an offer to distribute a drug among hospitals or other health care entities which are under common control;

(c) The distribution of a drug or an offer to distribute a drug for emergency medical reasons, including a public health emergency declaration pursuant to 42 U.S.C. s. 247d (section 319 of the Public Health Service Act) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06724, except that, for purposes of this paragraph, a drug shortage not caused by a public health emergency shall not constitute an emergency medical reason;

(d) The dispensing of a drug pursuant to a prescription executed in accordance with 21 U.S.C. s. 353(b)(1) (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06725.

(e) The distribution of minimal quantities of drug by a licensed community pharmacy that is a retail pharmacy to a licensed practitioner for office use;

(f) The distribution of a drug or an offer to distribute a drug by a charitable organization to a nonprofit affiliate of the organization to the extent otherwise permitted by law;

(g) The purchase or other acquisition by a dispenser, hospital, or other health care entity of a drug for use by such dispenser, hospital, or other health care entity;

(h) The distribution of a drug by the manufacturer of such drug;

(i) The receipt or transfer of a drug by an authorized third-party logistics provider provided that such third-party logistics provider does not take ownership of the drug;

(j) A common carrier that transports a drug, provided that the common carrier does not take ownership of the drug;

(k) The distribution of a drug, or an offer to distribute a drug by an authorized repackager that has taken ownership or possession of the drug and repacks it in accordance with 21 U.S.C. s. 360eee-1(e) (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06732.

(l) Saleable drug returns when conducted by a dispenser;

(m) The distribution of an “exempt medical convenience kit” as set forth in subsection 61N-1.028(12), F.A.C.;

(n) The distribution of an intravenous drug that, by its formulation, is intended for the replenishment of fluids and electrolytes (such as sodium, chloride, and potassium) or calories (such as dextrose and amino acids);

(o) The distribution of an intravenous drug used to maintain the equilibrium of water and minerals in the body, such as dialysis solutions;

(p) The distribution of a drug that is intended for irrigation, or sterile water, whether intended for such purposes or for injection;

(q) The distribution of medical gas, as defined in 21 U.S.C. s. 360ddd (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06721.

(r) Facilitating the distribution of a product by providing solely administrative services, including processing of orders and payments, or

(s) The transfer of a product by a hospital or other health care entity, or by a wholesale distributor or manufacturer operating at the direction of the hospital or other health care entity, to a repackager described in 21 U.S.C. s. 360eee(16)(B) (as of 12/1/15) which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06732, and registered under 21 U.S.C. s. 360 (as of 12/1/15), which is incorporated by reference herein, http://www.flrules.org/Gateway/reference.asp?No=Ref-06731, for the purpose of repackaging the drug for use by that hospital, or other health care entity and other health care entities that are under common control, if ownership of the drug remains with the hospital or other health care entity at all times.

(31) “WHOLESALE DISTRIBUTOR” means a person (other than a manufacturer, a manufacturer’s co-licensed partner, a third-party logistics provider, or repackager) engaged in wholesale distribution.

History

• Rulemaking Authority 499.0121, 499.05 FS. Law Implemented 499.002, 499.0121, 499.05, 499.052 FS. History–New 5-16-16.

Fla. Admin. Code R. 61N-1.029 Product Tracking and Tracing – Manufacturer Requirements

The following tracking and tracing requirements shall apply to manufacturers:

(1) PRODUCT TRACING.

(a) A manufacturer shall, prior to or at the time of each transaction in which such manufacturer transfers ownership of a product:

1. Provide the subsequent owner with transaction history, transaction information, and a transaction statement, in a single document in a paper or electronic format;

2. Capture the transaction information, including lot level information, transaction history, and transaction statement for each transaction; and,

3. Maintain such information, history, and statement for not less than 6 years after the date of the transaction.

(b) Requests For Information. Upon a request by the department, in the event of a recall or for the purpose of investigating a suspect product or an illegitimate product, a manufacturer shall, not later than 1 business day, and not to exceed 48 hours, after receiving the request, provide the applicable transaction information, transaction history, and transaction statement for the product.

(c) Electronic Format. Effective December 1, 2017, a manufacturer shall provide the transaction information, transaction history, and transaction statement required under paragraph 61N-1.029(1)(a), F.A.C., in an electronic format. A manufacturer may continue to provide the transaction information, transaction history, and transaction statement required under paragraph 61N-1.029(1)(a), F.A.C., in a paper format to a licensed health care practitioner authorized to prescribe medication under Florida law or other licensed individual under the supervision or direction of such a practitioner who dispenses product in the usual course of professional practice.

(d) Product Identifier. Effective December 1, 2017, a manufacturer shall affix or imprint a product identifier to each package and homogenous case of a product intended to be introduced in a transaction into commerce. Such manufacturer shall maintain the product identifier information for such product for not less than 6 years after the date of the transaction. A package that is required to have a standardized numerical identifier is not required to have a unique device identifier.

(2) AUTHORIZED TRADING PARTNERS. The trading partners of a manufacturer may only be authorized trading partners.

(3) VERIFICATION. The department adopts and incorporates by reference the manufacturer verification requirements as set forth in the federal act at 21 U.S.C. s. 360eee-1(b)(4) http://www.flrules.org/Gateway/reference.asp?No=Ref-06759, (as of 12/1/15). A manufacturer must establish, maintain, and adhere to written policies and procedures setting forth the manner in which the manufacturer will meet the federal verification requirements as adopted by the department.

History

• Rulemaking Authority 499.0121, 499.05 FS. Law Implemented 499.002, 499.0121, 499.05, 499.052 FS. History–New 5-11-16.

Fla. Admin. Code R. 61N-1.030 Product Tracking and Tracing – Wholesale Distributor Requirements

The following tracking and tracing requirements shall apply to wholesale distributors:

(1) PRODUCT TRACING.

(a) A wholesale distributor shall not accept ownership of a product unless the previous owner prior to, or at the time of, the transaction provides the transaction history, transaction information, and a transaction statement for the product, as applicable under this paragraph.

(b) A wholesale distributor that purchased a product directly from the manufacturer, the exclusive distributor of the manufacturer, or a repackager that purchased directly from the manufacturer, shall prior to, or at the time of, each transaction in which the wholesale distributor transfers ownership of a product, provide to the subsequent purchaser:

1. A transaction statement, which shall state that the wholesale distributor, or a member of the affiliate of the wholesale distributor, purchased the product directly from the manufacturer, the exclusive distributor of the manufacturer, or a repackager that purchased the product directly from the manufacturer; and,

2. The transaction history and transaction information.

3. If provided to a dispenser, the transaction history, transaction information, and transaction statement shall be on a single document in a paper or electronic format.

4. If provided to a wholesale distributor, the transaction history, transaction information, and transaction statement shall be through any combination of self-generated paper, electronic data, or manufacturer provided information on the product package.

5. The lot number of the product, the initial transaction date and the initial shipment date from the manufacturer are not required to be included in the transaction history and information for transactions falling under paragraph 61N-1.030(1)(b), F.A.C.

(c) A wholesale distributor that did not purchase a product directly from the manufacturer, the exclusive distributor of the manufacturer, or a repackager that purchased directly from the manufacturer, shall prior to, or at the time of, each transaction or subsequent transaction, provide to the subsequent purchaser, a transaction statement, transaction history, and transaction information, in a paper or electronic format that complies with the requirements set forth in the departmental rules.

1. The transaction history supplied shall begin only with the wholesale distributor that purchased the product directly from the manufacturer, the exclusive distributor of the manufacturer or a repackager that purchased directly from the manufacturer.

2. The wholesale distributor that did not purchase directly from the manufacturer, the exclusive distributor of the manufacturer or a repackager that purchased directly from the manufacturer, shall inform the subsequent purchaser that the wholesale distributor received a direct purchase statement from a wholesale distributor that purchased the product directly from the manufacturer, the exclusive distributor of the manufacturer or a repackager that purchased directly from the manufacturer.

(d) A wholesale distributor shall capture the transaction information, including lot level information, transaction history, and transaction statement for each transaction described in this rule and maintain such information, history, and statement for not less than 6 years after the date of the transaction; and maintain the confidentiality of the transaction information, including any lot level information, transaction history, and transaction statement for a product and prohibit disclosure to any person other than state or federal officials, except to comply with the provisions of Rules 61N-1.028, 61N-1.029, 61N-1.030, 61N-1.031 and 61N-1.032, F.A.C.

(2) RETURNS.

(a) Saleable Returns. Notwithstanding paragraph 61N-1.030(1)(a), F.A.C., the following shall apply:

1. Requirements. Until December 1, 2019, a wholesale distributor may accept returned product from a dispenser or repackager pursuant to the terms and conditions of any agreement between the parties, and notwithstanding paragraph 61N-1.030(1)(b), F.A.C., may distribute the returned product without providing the transaction history. For transactions subsequent to the return, the transaction history of the product shall begin with the wholesale distributor that accepted the returned product, consistent with the requirements of this rule.

2. Enhanced Requirements. Beginning December 1, 2019, a wholesale distributor may accept returned product from a dispenser or repackager only if the wholesale distributor can associate the returned product with the transaction information and transaction statement associated with that product. For all transactions after December 1, 2019, the transaction history, as applicable, of the product shall begin with the wholesale distributor that accepted and verified the returned product.

(b) Nonsaleable Returns. A wholesale distributor may return a nonsaleable product to the manufacturer or repackager, to the wholesale distributor from whom the product was purchased, or to a person acting on behalf of such a person, including a returns processor, without providing the information required under paragraph 61N-1.030(1)(a), F.A.C.

(3) REQUESTS FOR INFORMATION. Upon a request by the department, in the event of a recall or for the purpose of investigating a suspect product or an illegitimate product, a wholesale distributor shall, not later than 1 business day, and not to exceed 48 hours, after receiving the request, provide the applicable transaction information, transaction history, and transaction statement for the product.

(4) TRADING PARTNER AGREEMENTS. Effective December 1, 2019, a wholesale distributor may disclose the transaction information, including lot level information, transaction history, or transaction statement of a product to the subsequent purchaser of the product, pursuant to a written agreement between such wholesale distributor and such subsequent purchaser. Nothing in this subsection shall be construed to limit the applicability of subsections 61N-1.030(1) through 61N-1.030(3), F.A.C.

(5) PRODUCT IDENTIFIER. Effective December 1, 2019, a wholesale distributor may engage in transactions involving a product only if that product is encoded with a product identifier or grandfathered as defined by subsection 61N-1.028(7), F.A.C., and not required to be encoded with a product identifier.

(6) AUTHORIZED TRADING PARTNERS. The trading partners of a wholesale distributor may only be authorized trading partners.

(7) VERIFICATION. The department adopts and incorporates by reference the wholesale distributor verification requirements as set forth in the federal act at 21 U.S.C. s. 360eee-1(c)(4) http://www.flrules.org/Gateway/reference.asp?No=Ref-06761 (as of 12/1/15). A wholesale distributor must establish, maintain, and adhere to written policies and procedures setting forth the manner in which the wholesale distributor will meet the federal verification requirements as adopted by the department.

(8) Drop Shipment.

(a) A wholesale distributor that does not physically handle or store product shall be exempt from the provisions of this rule, except the federal notification requirements adopted under subsection 61N-1.030(7), F.A.C., provided that the manufacturer, repackager, or other wholesale distributor that distributes the product to the dispenser by means of a drop shipment for such wholesale distributor includes on the transaction information and transaction history to the dispenser, the contact information of the wholesale distributor and provides the transaction information, transaction history, and transaction statement directly to the dispenser.

(b) Drop shipment by the wholesale distributor to trading partners, other than to a dispenser, is not exempt from the provisions of this rule.

History

• Rulemaking Authority 499.0121, 499.05 FS. Law Implemented 499.002, 499.0121, 499.05, 499.052 FS. History–New 5-11-16.

Fla. Admin. Code R. 61N-1.031 Product Tracking and Tracing – Dispenser Requirements

The following tracking and tracing requirements shall apply to dispensers:

(1) PRODUCT TRACING.

(a) A dispenser shall not accept ownership of a product, unless the previous owner prior to or at the time of the transaction, provides transaction history, transaction information, and a transaction statement;

(b) A dispenser shall, prior to, or at the time of, each transaction in which the dispenser transfers ownership of a product, excluding dispensing to a patient or returns, provide the subsequent owner with transaction history, transaction information, and a transaction statement for the product, except that the requirements of this rule shall not apply to sales by a dispenser to another dispenser to fulfill a specific patient need; and,

(c) A dispenser shall capture transaction information, including lot level information, if provided, transaction history, and transaction statements, as necessary to investigate a suspect product, and maintain such information, history, and statements for not less than 6 years after the transaction.

(2) AGREEMENTS WITH THIRD PARTIES. ‒ A dispenser may enter into a written agreement with a third party, including an authorized wholesale distributor, under which the third party confidentially maintains the transaction information, transaction history, and transaction statements, required to be maintained under this rule, on behalf of the dispenser. If a dispenser enters into such an agreement, the dispenser shall maintain a copy of the written agreement and shall not be relieved of the obligations of a dispenser under this rule.

(3) RETURNS.

(a) Saleable Returns. A dispenser may return a product to the trading partner from which the dispenser obtained the product without providing the information required under paragraph 61N-1.031(1)(b), F.A.C.

(b) Nonsaleable Returns. A dispenser may return a nonsaleable product to the manufacturer or repackager, to the wholesale distributor from whom such product was purchased, to a returns processor, or to a person acting on behalf of such a person without providing the information required under subsection 61N-1.031(1), F.A.C.

(4) REQUESTS FOR INFORMATION. Upon a request by the department, in the event of a recall or for the purpose of investigating a suspect or an illegitimate product, a dispenser shall, not later than 2 business days after receiving the request, provide the applicable transaction information, transaction statement, and transaction history that the dispenser received from the previous owner, which shall not include the lot number of the product, the initial transaction date, or the initial shipment date from the manufacturer unless such information was included in the transaction information, transaction statement, and transaction history provided by the manufacturer or the wholesale distributor to the dispenser. The dispenser may respond to the request by providing the applicable information in either paper or electronic format.

(5) PRODUCT IDENTIFIER. Effective December 1, 2020, a dispenser may engage in transactions involving a product only if the product is encoded with a product identifier or grandfathered, as defined by subsection 61N-1.028(7), F.A.C., and is not required to be encoded with a product identifier.

(6) AUTHORIZED TRADING PARTNERS. The trading partners of a dispenser may be only authorized trading partners.

(7) VERIFICATION. The department adopts and incorporates by reference the dispenser verification requirements as set forth in the federal act at 21 U.S.C. s. 360eee-1(d)(4) http://www.flrules.org/Gateway/reference.asp?No=Ref-06762 (as of 12/1/15). A dispenser must establish, maintain, and adhere to written polices and procedures setting forth the manner in which the dispenser will meet the federal requirements as adopted by the department.

(8) EXCEPTION. Notwithstanding any other provision of law, the requirements under subsections 61N-1.031(1) through (4), and (7), F.A.C., shall not apply to licensed health care practitioners authorized to prescribe or administer medication under Florida law or other licensed individuals under the supervision or direction of practitioners who dispense or administer products in the usual course of professional practice.

History

• Rulemaking Authority 499.0121, 499.05 FS. Law Implemented 499.002, 499.0121, 499.05, 499.052 FS. History–New 5-11-16.

Fla. Admin. Code R. 61N-1.032 Product Tracking and Tracing – Repackager Requirements

The following tracking and tracing requirements shall apply to repackagers:

(1) PRODUCT TRACING.

(a) A repackager shall not accept ownership of a product unless the previous owner, prior to, or at the time of, the transaction, provides transaction history, transaction information, and a transaction statement for the product.

(b) A repackager, prior to, or at the time of, each transaction in which the repackager transfers ownership of a product, shall provide the subsequent owner with transaction history, transaction information, and a transaction statement for the product.

(c) A repackager shall capture the transaction information, including lot level information, transaction history, and transaction statement for each transaction described in paragraphs 61N-1.032(1)(a) and (1)(b), F.A.C., and shall maintain such information, history, and statement for not less than 6 years after the transaction.

(2) RETURNS.

(a) Nonsaleable Product. A repackager may return a nonsaleable product to the manufacturer or repackager, or to the wholesale distributor from whom such product was purchased, or to a person acting on behalf of such manufacturer, repackager or wholesale distributor, including a returns processor, without providing the information required under paragraph 61N-1.032(1)(b), F.A.C.

(b) Saleable or Nonsaleable Product. A repackager may return a saleable or nonsaleable product to the manufacturer, repackager, or to the wholesale distributor from whom the product was received without providing the information required under paragraph 61N-1.032(1)(b), F.A.C., on behalf of the hospital or other health care entity that took ownership of such product pursuant to the terms and conditions of any agreement between such repackager and the entity that owns the product.

(3) REQUESTS FOR INFORMATION. Upon a request by the department, in the event of a recall or for the purpose of investigating a suspect product or an illegitimate product, a repackager shall, not later than 1 business day, and not to exceed 48 hours, after receiving the request, provide the applicable transaction information, transaction history, and transaction statement for the product.

(4) PRODUCT IDENTIFIER. Beginning December 1, 2018, a repackager shall:

(a) Affix or imprint a product identifier to each package and homogenous case of product intended to be introduced in a transaction in commerce;

(b) Maintain the product identifier information for such product for not less than 6 years after the date of the transaction;

(c) Engage in transactions involving a product only if such product is encoded with a product identifier or grandfathered as defined by subsection 61N-1.028(7), F.A.C., and is not required to be encoded with a product identifier; and,

(d) Maintain records for not less than 6 years.

A repackager is not required to affix or imprint a unique device identifier on a package that is required to have a standardized numerical identifier.

(5) AUTHORIZED TRADING PARTNERS. The trading partners of a repackager may only be authorized trading partners.

(6) VERIFICATION. The department adopts and incorporates by reference the repackager verification requirements as set forth in the federal act at 21 U.S.C. s. 360eee-1(e)(4) http://www.flrules.org/Gateway/reference.asp?No=Ref-06763 (as of 12/1/15). A repackager must establish, maintain, and adhere to written policies and procedures setting forth the manner in which the repackager will meet the federal verification requirements as adopted by the department.

History

• Rulemaking Authority 499.0121, 499.05 FS. Law Implemented 499.002, 499.0121, 499.05, 499.052 FS. History–New 5-11-16.

Chapter 61N-2 Applications, Forms and Regulations

Fla. Admin. Code R. 61N-2.001 Application for Complimentary Drug Distributor Permit

A complimentary drug distributor permit is required for any person that engages in the distribution of a complimentary drug, subject to the requirements of Section 499.028, F.S. A person, prior to engaging in activity for which a complimentary drug distributor permit is required, must file with the department a completed application on form number DBPR-DDC-221, Application for Permit as a Complimentary Drug Distributor, effective April 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Division 61N, F.A.C. This form is available upon request from the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at https://www.flrules.org/Gateway/reference.asp?No=Ref-06903.

History

• Rulemaking Authority 499.012(3), 499.028(11)(a), 499.05 FS. Law Implemented 499.01, 499.012, 499.0121, 499.028, 499.04, 499.041, 499.005(6), 499.0051(13), 499.051(1), 559.79 FS. History‒New 6-9-16.

Fla. Admin. Code R. 61N-2.002 Application for Cosmetic Manufacturer Permit

A cosmetic manufacturer permit is required for any person that manufactures or repackages cosmetics in this state. A person that only labels or changes the labeling of a cosmetic but does not open the container sealed by the manufacturer of the product is exempt from obtaining a permit. A person located in this state, prior to engaging in activity for which a cosmetic manufacturer permit is required, must file with the department a completed application on form number DBPR-DDC-206, Application for Permit as a Cosmetic Manufacturer, effective July 2017, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Division 61N, F.A.C. This form is available upon request from the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-08710.

History

• Rulemaking Authority 499.012(3), 499.041(1)(c) FS. Law Implemented 499.01, 499.012, 499.0121, 499.015, 499.04, 499.041, 499.005(6), 499.0051(13), 499.051(1), 559.79 FS. History‒New 6-9-16, Amended 10-24-17.

Fla. Admin. Code R. 61N-2.004 Application for Diethyl Ether Manufacturer, Distributor, Dealer or Purchaser Permit

Any person who manufactures, distributes, or deals in ether in this state must possess a current valid license issued by the department, except that a manufacturer, distributor, or dealer who also purchases ether in this state shall not be required to obtain an additional permit as a purchaser of ether. A person, prior to engaging in activity for which a diethyl ether manufacturer, distributor, dealer, or purchaser permit is required, must file with the department a completed application on form number DBPR-DDC-233, Application for Permit as a Diethyl Ether Manufacturer, Distributor, Dealer or Purchaser, effective April 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Division 61N, F.A.C. This form is available upon request from the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-06905.

History

• Rulemaking Authority 499.62, 499.63, 499.64, 499.701 FS. Law Implemented 499.62, 499.63, 499.64, 499.66, 499.67, 559.79 FS. History‒New 6-9-16.

Fla. Admin. Code R. 61N-2.005 Application for Freight Forwarder Permit

A freight forwarder permit is required for any person that engages in the distribution of a prescription drug as a freight forwarder unless the person is a common carrier. A person, prior to engaging in activity for which a freight forwarder permit is required, must file an application on form number DBPR-DDC-225, Application for Permit as a Freight Forwarder, effective April 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Division 61N, F.A.C. This form is available upon request from the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-06906.

History

• Rulemaking Authority 499.012(3), 499.04, 499.041(2)(e), 499.05 FS. Law Implemented 499.01, 499.012, 499.0121, 499.04, 499.041, 499.005(6), 499.0051(13), 499.051(1), 599.79 FS. History‒New 6-9-16.

Fla. Admin. Code R. 61N-2.006 Application for Health Care Clinic Establishment Permit

A health care clinic establishment permit is required for the purchase of a prescription drug by a place of business at one general physical location that provides health care or veterinary services, which is owned and operated by a business entity that has been issued a federal employer tax identification number. A person located in this state, prior to engaging in activity for which a health care clinic establishment permit is required, must file a completed application on form number DBPR-DDC-224, Application for Permit as a Health Care Clinic Establishment, effective April 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Division 61N, F.A.C. This form is available upon request from the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-06908.

History

• Rulemaking Authority 499.012(3), 499.041, 499.05 FS. Law Implemented 499.01, 499.012, 499.0121, 499.04, 499.041, 499.005(6), 499.0051(13), 499.051(1), 559.79 FS. History‒New 6-9-16.

Fla. Admin. Code R. 61N-2.008 Application for Medical Gas Manufacturer Permit

A medical gas manufacturer permit is required for a person or entity located in this state which engages in the manufacture of medical gases by physical air separation, chemical action, purification, or filling containers by a liquid-to-liquid, liquid-to-gas, or gas-to-gas process and distributes those medical gases within this state. A person located in this state, prior to engaging in activity for which a medical gas manufacturer permit is required, must file with the department a completed application on form number DBPR-DDC-204, Application for Permit as a Medical Gas Manufacturer, effective April 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Division 61N, F.A.C. This form is available upon request from the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-06909.

History

• Rulemaking Authority 499.831, 499.834 FS. Law Implemented 499.005(6), 499.005(13), 499.051(1), 499.81, 499.83, 499.831, 499.832, 499.833, 499.834, 499.84, 499.85, 499.86, 499.87, 499.88, 499.89, 499.90, 499.91, 499.92, 499.93, 499.931, 559.79 FS. History‒New 6-9-16.

Fla. Admin. Code R. 61N-2.009 Application for Medical Gas Wholesale Distributor Permit

A medical gas wholesale distributor permit is required for wholesale distribution, whether within or into this state. A person, prior to engaging in activity for which a medical gas wholesale distributor permit is required, must file with the department a completed application on form number DBPR-DDC-217, Application for Permit as a Medical Gas Wholesale Distributor, effective April 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Division 61N, F.A.C. This form is available upon request from the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-06910.

History

• Rulemaking Authority 499.831, 499.834 FS. Law Implemented 499.005(6), 499.0051(13), 499.051(1), 499.81, 499.83, 499.831, 499.832, 499.833, 499.834, 499.84, 499.85, 499.86, 499.87, 499.88, 499.89, 499.90, 499.91, 499.92, 499.93, 499.931, 559.79 FS. History‒New 6-9-16.

Fla. Admin. Code R. 61N-2.010 Application for Medical Oxygen Retail Establishment Permit

A medical oxygen retail establishment permit is required for an entity that is located in the state and that sells or delivers medical oxygen directly to patients in this state. A person located in this state, other than a pharmacy licensed under Chapter 465, F.S., prior to engaging in activity for which a medical oxygen retail establishment permit is required, must file with the department a completed application on form number DBPR-DDC-223, Application for Permit as a Medical Oxygen Retail Establishment, effective April 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Division 61N, F.A.C. This form is available upon request from the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-06911.

History

• Rulemaking Authority 499.831, 499.834 FS. Law Implemented 499.005(6), 499.0051(13), 499.051(1), 499.81, 499.83, 499.831, 499.832, 499.833, 499.834, 499.84, 499.85, 499.86, 499.87, 499.88, 499.89, 499.90, 499.91, 499.92, 499.93, 499.931, 559.79 FS. History‒New 6-9-16.

Fla. Admin. Code R. 61N-2.011 Application for Nonresident Prescription Drug Manufacturer Permit

A nonresident prescription drug manufacturer permit is required for any person, located outside of Florida, that is a manufacturer of a prescription drug and that engages in the distribution of such prescription drug into Florida. A person engaging in activity for which a nonresident prescription drug manufacturer permit is required, must file an application on form number DBPR-DDC-202, Application for Permit as a Nonresident Prescription Drug Manufacturer, effective February 2017, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and rule Division 61N, F.A.C. This form is available upon request from the Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-08056.

History

• Rulemaking Authority 499.01, 499.012, 499.0121, 499.04, 499.041, 499.05 FS. Law Implemented 499.01, 499.012, 499.0121, 499.015, 499.04, 499.041, 499.05, 559.79 FS. History‒New 5-11-17.

Fla. Admin. Code R. 61N-2.0111 Application for Nonresident Prescription Drug Manufacturer – Virtual Permit

A nonresident prescription drug manufacturer – virtual permit is required for any person, located outside of Florida, that is a manufacturer of a prescription drug and that engages in the distribution of such prescription drug into Florida, but does not engage in the physical possession of any prescription drug. A person engaging in activity for which a nonresident prescription drug manufacturer – virtual permit is required, must file an application on form number DBPR-DDC-236, Application for Permit as a Nonresident Prescription Drug Manufacturer – Virtual, effective July 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Rule Division 61N, F.A.C. This form is available upon request from the Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07650.

History

• Rulemaking Authority 499.01, 499.05, 499.012, 499.0121, 499.04, 499.041 FS. Law Implemented 499.01, 499.05, 499.012, 499.0121, 499.015, 499.04, 499.041, 559.79 FS. History‒New 1-11-17.

Fla. Admin. Code R. 61N-2.012 Application for Out-of-State Prescription Drug Wholesale Distributor Permit

An out-of-state prescription drug wholesale distributor permit is required for any person, located outside of Florida but within the United States or its territories, that engages in the wholesale distribution of prescription drugs into Florida. A person, prior to engaging in activity for which an out-of-state prescription drug wholesale distributor permit is required, must file with the department a completed application on form number DBPR-DDC-214, Application for Out-of-State Prescription Drug Wholesale Distributor Permit, effective March 2017, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and rule Division 61N, F.A.C. This form is available upon request from the Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399, (850)717-1800, or at https://www.flrules.org/Gateway/reference.asp?No=Ref-08481.

History

• Rulemaking Authority 499.012(3), 499.012(5), 499.04, 499.05, 499.041(2)(b) FS. Law Implemented 499.005, 499.0051, 499.012, 499.0121, 499.028, 499.04, 499.041, 499.05, 499.051, 499.067, 559.79 FS. History‒New 7-11-17.

Fla. Admin. Code R. 61N-2.013 Application for Over-The-Counter Drug Manufacturer Permit

An over-the-counter drug manufacturer permit is required for any person that engages in the manufacture or repackaging of an over-the-counter drug. A person located in this state, other than a pharmacy operating in compliance with pharmacy practice standards set forth in Chapter 465, F.S., and the rules promulgated thereunder, engaging in activity for which an over-the-counter drug manufacturer permit is required, must file an application on form number DBPR-DDC-205, Application for Permit as an Over-The-Counter Drug Manufacturer, effective April 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Division 61N, F.A.C. This form is available upon request from the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-06912.

History

• Rulemaking Authority 499.012(3), 499.041(1)(d) FS. Law Implemented 499.01, 499.012, 499.0121, 499.015, 499.04, 499.041, 499.005(6), 499.0051(13), 499.051(1), 559.79 FS. History‒New 6-9-16.

Fla. Admin. Code R. 61N-2.014 Application for Prescription Drug Manufacturer Permit

A prescription drug manufacturer permit is required for any person that is a manufacturer of a prescription drug and that manufactures or distributes such prescription drugs in this state. A person located in this state engaging in activity for which a prescription drug manufacturer permit is required, must file an application on form number DBPR-DDC-201, Application for Permit as a Prescription Drug Manufacturer, effective April 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Division 61N, F.A.C. This form is available upon request from the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics, 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-06913.

History

• Rulemaking Authority 499.012(3), 449.041(1)(a) FS. Law Implemented 499.01, 499.012, 499.0121, 499.015, 499.04, 499.041, 499.005(6), 499.0051(13), 499.051(1), 559.79 FS. History‒New 6-9-16.

Fla. Admin. Code R. 61N-2.0141 Application for Prescription Drug Manufacturer - Virtual Permit

A prescription drug manufacturer – virtual permit is required for any person, located in Florida, that is a manufacturer of a prescription drug and that manufactures and distributes such prescription drug in or into Florida, but does not engage in the physical possession of any prescription drug. A person engaging in activity for which a prescription drug manufacturer – virtual permit is required, must file an application on form number DBPR-DDC-235, Application for Permit as a Prescription Drug Manufacturer – Virtual, effective July 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and Rule Division 61N, F.A.C. This form is available upon request from the Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07651.

History

• Rulemaking Authority 499.01, 499.05, 499.012, 499.0121, 499.04, 499.041 FS. Law Implemented 499.01, 499.05, 499.012, 499.0121, 499.015, 499.04, 499.041, 559.79 FS. History‒New 1-11-17.

Fla. Admin. Code R. 61N-2.015 Application for Prescription Drug Repackager Permit

A prescription drug repackager permit is required for any person, located in Florida, that is a repackager of a prescription drug and that distributes such prescription drug in or within Florida. A person engaging in activity for which a prescription drug repackager permit is required, must file an application on form number DBPR-DDC-203, Application for Permit as a Prescription Drug Repackager, effective February 2017, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and rule Division 61N, F.A.C. This form is available upon request from the Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07913.

History

• Rulemaking Authority 499.01, 499.012, 499.0121, 499.04, 499.041, 499.05 FS. Law Implemented 499.01, 499.012, 499.0121, 499.015, 499.04, 499.041, 499.05, 559.79 FS. History‒New 5-11-17.

Fla. Admin. Code R. 61N-2.0151 Application for Nonresident Prescription Drug Repackager Permit

A nonresident prescription drug repackager permit is required for any person, located outside of Florida, that is a repackager of a prescription drug and that distributes such prescription drug into Florida. A person engaging in activity for which a nonresident prescription drug repackager permit is required, must file an application on form number DBPR-DDC-237, Application for Permit as a NonResident Prescription Drug Repackager, effective July 2016, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and rule Division 61N, F.A.C. This form is available upon request from the Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07653.

History

• Rulemaking Authority 499.01,499.05, 499.012, 499.0121, 499.04, 499.041 FS. Law Implemented 499.01, 499.05, 499.012, 499.0121, 499.015, 499.04, 499.041, 559.79 FS. History‒New 1-11-17.

Fla. Admin. Code R. 61N-2.016 Application for Prescription Drug Wholesale Distributor Permit

A prescription drug wholesale distributor permit is required for any person, located inside of Florida, that engages in the wholesale distribution of prescription drugs in Florida. A person, prior to engaging in activity for which a prescription drug wholesale distributor permit is required, must file with the department a completed application on form number DBPR-DDC-213, Application for a Prescription Drug Wholesale Distributor Permit, effective March 2017, adopted and incorporated herein by reference and comply with all the requirements for permitting in Chapter 499, F.S., and rule Division 61N, F.A.C. This form is available upon request from the Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399, (850)717-1800, or at https://www.flrules.org/Gateway/reference.asp?No=Ref-08483.

History

• Rulemaking Authority 499.012(3), 499.012(5), 499.04, 499.05, 499.041(2)(b) FS. Law Implemented 499.005, 499.0051, 499.012, 499.0121, 499.028, 499.04, 499.041, 499.05, 499.051, 499.067, 559.79 FS. History‒New 7-11-17.

Fla. Admin. Code R. 61N-2.018 Application for Restricted Prescription Drug Distributor – Blood Establishment Permit

A Restricted Prescription Drug Distributor – Blood Establishment Permit is required for any establishment located in this state that collects blood and blood components only from volunteer donors as defined in Section 381.06014, F.S., or pursuant to an authorized practitioner’s order for medical treatment or therapy and engages in the wholesale distribution of a prescription drug not described in Section 499.003(48)(j), F.S., to a healthcare entity. An applicant wishing to obtain a Restricted Prescription Drug Distributor – Blood Establishment Permit as required under Section 499.01(2)(h), F.S., shall submit a complete application to the department on Form DBPR-DDC-234, Application for Restricted Prescription Drug Distributor – Blood Establishment Permit, effective December 2017, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-09236, together with the appropriate fees. A copy of Form DBPR-DDC-234, Application for Restricted Prescription Drug Distributor – Blood Establishment Permit, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.041(4), 499.05 FS. Law Implemented 499.005(6), 499.0051(13), 499.01, 499.012, 499.0121, 499.041(4), 499.05, 499.051(1), 559.79 FS. History‒New 5-8-18.

Fla. Admin. Code R. 61N-2.019 Application for Restricted Prescription Drug Distributor – Charitable Organization Permit

A Restricted Prescription Drug Distributor – Charitable Organization Permit is required for a charitable organization to authorize the possession or transfer of prescription drugs, including prescription drug samples, as set forth in subsection 61N-1.023(1), F.A.C. An applicant wishing to obtain a Restricted Prescription Drug Distributor – Charitable Organization Permit as required under Section 499.01(2)(h), F.S., shall submit a complete application to the department on Form DBPR-DDC-208, Application for Restricted Prescription Drug Distributor – Charitable Organization Permit, effective April 2018, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-09280, together with the appropriate fees. A copy of Form DBPR-DDC-208, Application for Restricted Prescription Drug Distributor – Charitable Organization Permit, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05, 499.041 FS. Law Implemented 499.01, 499.012, 499.05, 559.79, 499.041 FS. History‒New 6-4-18.

Fla. Admin. Code R. 61N-2.020 Application for Restricted Prescription Drug Distributor – Destruction Permit

A Restricted Prescription Drug Distributor – Destruction Permit is required for a person to take possession in Florida of a prescription drug for the purpose of arranging for its destruction, including persons transporting prescription drugs to a destruction facility or warehousing prescription drugs awaiting destruction, but does not include the manufacturer of that drug or a permitted Restricted Prescription Drug Distributor – Reverse Distributor. Applicants wishing to obtain a Restricted Prescription Drug Distributor – Destruction Permit shall submit a complete application to the department on form DBPR-DDC-210, Application for Restricted Prescription Drug Distributor – Destruction Permit, effective April 2018, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-09281, together with the appropriate fees. A copy of Form DBPR-DDC-210, Application for Restricted Prescription Drug Distributor – Destruction Permit, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05, 499.041 FS. Law Implemented 499.01(2)(h), 499.012, 499.05, 499.041 FS. History‒New 6-4-18.

Fla. Admin. Code R. 61N-2.021 Application for Permit as a Restricted Prescription Drug Distributor – Government Programs

A Restricted Prescription Drug Distributor – Government Programs Permit is required for a state or local government agency, or any entity eligible to purchase prescription drugs at public health services prices to distribute its prescription drugs to a contract provider or its subcontractor for administering or dispensing to eligible patients of the entity under the eligible program. A prescription drug distributed under this permit may not be sold or transferred for reimbursement or payment of any kind. An applicant wishing to obtain a Restricted Prescription Drug Distributor – Government Programs Permit as required under Section 499.01(2)(h), F.S., shall submit a complete application to the department on Form DBPR-DDC-211, Application for Permit as a Restricted Prescription Drug Distributor – Government Programs, effective September 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-11271, together with the appropriate fees. A copy of Form DBPR-DDC-211, Application for Permit as a Restricted Prescription Drug Distributor – Government Programs, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05, 499.041 FS. Law Implemented 499.01, 499.012, 499.0121, 499.041, 499.05, 559.79 FS. History‒New 12-23-19.

Fla. Admin. Code R. 61N-2.022 Application for Permit as a Restricted Prescription Drug Distributor – Health Care Entity

A Restricted Prescription Drug Distributor – Health Care Entity Permit is required for a hospital or health care entity for the limited purpose of transferring prescription drugs among hospitals or other health care entities that are either: (1) under common control; or (2) members of a group purchasing organization; or (3) a warehouse or purchasing depot of a university to transfer prescription drugs to practitioner or non-practitioner researchers for university sponsored research conducted in accordance with Section 1004.22, F.S. An applicant wishing to obtain a Restricted Prescription Drug Distributor – Health Care Entity Permit shall submit a complete application to the department on Form DBPR-DDC-207, Application for Permit as a Restricted Prescription Drug Distributor – Health Care Entity, effective September 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-11420, together with the appropriate fees. A copy of Form DBPR-DDC-207, Application for Permit as a Restricted Prescription Drug Distributor – Health Care Entity, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05, 499.041 FS. Law Implemented 499.01, 499.012, 499.0121, 499.041, 499.05, 559.79 FS. History‒New 1-28-20.

Fla. Admin. Code R. 61N-2.023 Application for Permit as a Restricted Prescription Drug Distributor – Institutional Research

A Restricted Prescription Drug Distributor – Institutional Research Permit is required for a licensed pharmacy of a university to transfer prescription drugs to practitioner or non-practitioner researchers for university sponsored research conducted in accordance with Section 1004.22, F.S., as set forth in subsection 61N-1.023(6), F.A.C. An applicant wishing to obtain a Restricted Prescription Drug Distributor – Institutional Research Permit shall submit a complete application to the department on Form DBPR-DDC-212, Application for Permit as a Restricted Prescription Drug Distributor – Institutional Research, effective September 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-11421, together with the appropriate fees. A copy of Form DBPR-DDC-212, Application for Permit as a Restricted Prescription Drug Distributor – Institutional Research, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05, 499.041 FS. Law Implemented 499.01, 499.012, 499.0121, 499.041, 499.05, 559.79 FS. History‒New 1-28-20.

Fla. Admin. Code R. 61N-2.024 Application for Restricted Prescription Drug Distributor – Reverse Distributor Permit

A Restricted Prescription Drug Distributor – Reverse Distributor Permit is required for any person located in this state who engages in the handling, processing and removal of expired or otherwise adulterated or unsuitable prescription drugs on behalf of licensed pharmacies, practitioners, wholesalers, or other persons authorized to possess prescription drugs, for return to the manufacturer or source of the prescription drug or for destruction. An applicant wishing to obtain a Restricted Prescription Drug Distributor – Reverse Distributor Permit shall file a complete application with the department on form DBPR-DDC-209, Application for Restricted Prescription Drug Distributor – Reverse Distributor Permit, effective April 2018, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-09283, together with the appropriate fees. A copy of Form DBPR-DDC-209, Application for Restricted Prescription Drug Distributor – Reverse Distributor Permit, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05, 499.041 FS. Law Implemented 499.01(2)(h), 499.012, 499.003(48)(b), 499.05, 499.041, 559.79 FS. History‒New 6-4-18.

Fla. Admin. Code R. 61N-2.025 Application for Permit as a Retail Pharmacy Drug Wholesale Distributor

A Retail Pharmacy Drug Wholesale Distributor Permit is required for any retail pharmacy as defined in Section 499.003(46), F.S., that is engaged in wholesale distribution of prescription drugs within this state under the conditions enumerated in Section 499.01(2)(g), F.S.

An applicant wishing to obtain a Retail Pharmacy Drug Wholesale Distributor Permit must file an application on form number DBPR-DDC-218, Application for Permit as a Retail Pharmacy Drug Wholesale Distributor, effective November 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-11584, together with the appropriate fees. A copy of Form DBPR-DDC-218, Application for Permit as a Retail Pharmacy Drug Wholesale Distributor, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices, and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05, 499.041 FS. Law Implemented 499.01, 499.012, 499.05, 499.041, 559.79 FS. History‒New 2-26-20.

Fla. Admin. Code R. 61N-2.026 Application for Third Party Logistics Provider permit

A Third Party Logistics Provider permit is required for any person that contracts with a prescription drug wholesale distributor or prescription drug manufacturer to provide warehousing, distribution, or other logistics services on behalf of a manufacturer, wholesale distributor, or dispenser, but who does not take title to the prescription drug or have responsibility to direct the sale or disposition of the prescription drug. An applicant wishing to obtain a Third Party Logistics Provider permit as required under Section 499.01(1)(q), F.S., shall submit a complete application to the department on Form DBPR-DDC-220, Application for Third Party Logistics Provider permit, effective April 2018, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-09497, together with the appropriate fees. A copy of Form DBPR-DDC-220, Application for Third Party Logistics Provider permit, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05, 499.041 FS. Law Implemented 499.01, 499.012, 499.05, 499.041, 559.79 FS. History‒New 6-24-18.

Fla. Admin. Code R. 61N-2.027 Application for Permit as a Veterinary Prescription Drug Retail Establishment

A Veterinary Prescription Drug Retail Establishment Permit is required for any person that sells veterinary prescription drugs to the public pursuant to the requirements of Sections 499.01(2)(k)1.-7., F.S., but does not include a pharmacy licensed under Chapter 465, F.S. Applicants wishing to obtain a Veterinary Prescription Drug Retail Establishment Permit shall submit a complete application to the Department on form DBPR-DDC-222, Application for Permit as a Veterinary Prescription Drug Retail Establishment, effective November 2019, incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-11413, together with the appropriate fees. A copy of Form DBPR-DDC-222, Application for Permit as a Veterinary Prescription Drug Retail Establishment, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices, and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.041(3)(a), 499.05 FS. Law Implemented 499.01(2)(k), 499.012, 499.0121, 499.04, 499.041(3)(a), 499.05, 499.051, 559.79 FS. History‒New 1-28-20.

Fla. Admin. Code R. 61N-2.028 Application for Permit as a Veterinary Prescription Drug Wholesale Distributor

A Veterinary Prescription Drug Wholesale Distributor Permit is required for any person that engages in the distribution of veterinary prescription drugs in or into this state, except that a veterinary prescription drug wholesale distributor that also distributes prescription drugs subject to, defined by, or described by s. 503(b) of the Federal Food, Drug, and Cosmetic Act which it did not manufacture must obtain a permit as a Prescription Drug Wholesale Distributor, an Out-of-state Prescription Drug Wholesale Distributor, or a Limited Prescription Drug Veterinary Wholesale Distributor in lieu of the Veterinary Prescription Drug Wholesale Distributor Permit. Applicants wishing to obtain a Veterinary Prescription Drug Wholesale Distributor Permit shall submit a complete application to the Department on form DBPR-DDC-216, Application for Permit as a Veterinary Prescription Drug Wholesale Distributor, effective November 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-11412, together with the appropriate fees. A copy of Form DBPR-DDC-216, Application for Permit as a Veterinary Prescription Drug Wholesale Distributor, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices, and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.04 , 499.041 499.05 FS. Law Implemented 499.01(2)(l), 499.012, 499.05, 499.04, 559.79 FS. History‒New 1-28-20.

Fla. Admin. Code R. 61N-2.029 Application for Change of Mailing Address

A current permitholder wishing to change their mailing address shall submit a complete application to the department on Form DBPR-DDC-238, Application for Change of Mailing Address, effective January 2018, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-09238. A copy of Form DBPR-DDC-238, Application for Change of Mailing Address, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05 FS. Law Implemented 499.01, 499.012, 499.0121, 499.05, 559.79 FS. History‒New 5-8-18.

Fla. Admin. Code R. 61N-2.030 Application for Name Change

A current permitholder wishing to change their name shall submit a complete application to the department on Form DBPR-DDC-110, Application for Name Change, effective January 2018, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-09237. A copy of Form DBPR-DDC-110, Application for Name Change, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05 FS. Law Implemented 499.01, 499.012, 499.05, 559.79 FS. History‒New 5-8-18.

Fla. Admin. Code R. 61N-2.031 Application for Change of Physical Location

A current permit holder wishing to change their physical location shall submit a complete application to the department on Form DBPR-DDC-109, Application for Change of Physical Location, effective January 2018, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-09284, together with the appropriate fees. A copy of Form DBPR-DDC-109, Application for Change of Physical Location, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05, 499.833 FS. Law Implemented 499.003(18), 499.01, 499.012, 499.05, 499.833, 559.79 FS. History‒New 5-28-18.

Fla. Admin. Code R. 61N-2.032 Application for Certificate of Free Sale

A current product registration holder wishing to obtain a Certificate of Free Sale for their product shall submit a complete application to the department on Form DBPR-DDC-239, Application for Certificate of Free Sale, effective January 2018, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-09055, together with the appropriate fees. A copy of Form DBPR-DDC-239, Application for Certificate of Free Sale, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.015, 499.05 FS. Law Implemented 499.003(6), 499.015, 499.05, 499.041(7) FS. History‒New 4-12-18.

Fla. Admin. Code R. 61N-2.033 Application for Certification as a Designated Representative

Certification as a Designated Representative is required for any natural person who is designated by a prescription drug wholesale distributor or out-of-state prescription drug wholesale distributor to act as their designated representative pursuant to Section 499.012(15), F.S. An applicant wishing to obtain certification as a designated representative as required under Section 499.012(15), F.S., shall submit a complete application to the department on Form DBPR-DDC-226, Application for Certification as a Designated Representative, effective October 2024, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17476, together with the appropriate fees. A copy of Form DBPR-DDC-226, Application for Certification as a Designated Representative, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.0121, 499.04, 499.041, 499.05 FS. Law Implemented 499.01, 499.012, 499.0121, 499.015, 499.04, 499.041, 499.05, 559.79 FS. History‒New 4-12-18, Amended 3-16-25.

Fla. Admin. Code R. 61N-2.038 Application for Temporary Permit due to Change of Ownership

When an establishment that requires a permit pursuant to this part submits an application for a change of ownership or controlling interest with the required fees, the establishment may also submit a request for a temporary permit granting the establishment authority to operate no more than 90 calendar days. The establishment must submit the request for a temporary permit due to change of ownership on form DBPR-DDC-246, application for temporary permit due to change of ownership, effective August 2022, incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-14196. A copy of Form DBPR-DDC-246, Application for temporary permit due to change of ownership, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05 FS. Law Implemented 499.012(6)(d), 559.79 FS. History‒New 8-28-22.

Fla. Admin. Code R. 61N-2.039 Application for Temporary Permit due to Change of Physical Location

When an establishment that requires a permit pursuant to this part submits an application for a change of physical location with the required fees, the establishment may also submit a request for a temporary permit granting the establishment authority to operate no more than 90 calendar days. The establishment must submit the request for a temporary permit due to change of physical location on form DBPR-DDC-247, application for temporary permit due to change of physical location, effective August 1, 2022, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-14197. A copy of Form DBPR-DDC-247, Application for temporary permit due to change of physical location, can be obtained at https://www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics at 2601 Blair Stone Road, Tallahassee, Florida 32399-1047, (850)717-1800.

History

• Rulemaking Authority 499.01, 499.012, 499.05 FS. Law Implemented 499.012(6)(d), 559.79 FS. History‒New 8-28-22.

Division 61G6 Electrical Contractors' Licensing Board

Chapter 61G6-2 CERTIFICATION

Fla. Admin. Code R. 61G6-2 CERTIFICATION

CHAPTER 61G6-2 CERTIFICATION 61G6-2.010 Return of Previously Issued Licenses (Repealed) 61G6-2.010 Return of Previously Issued Licenses. Rulemaking Authority 489.507(3), 489.513, 489.515, 489.521 FS. Law Implemented 489.521 FS. History–New 11-15-92, Formerly 21GG-2.010, Repealed 12-26-11.

Chapter 61G6-3 REGISTRATION

Fla. Admin. Code R. 61G6-3 REGISTRATION

CHAPTER 61G6-3 REGISTRATION 61G6-3.004 Registration of Limited or Restricted Competency Licenses (Repealed) 61G6-3.004 Registration of Limited or Restricted Competency Licenses. Rulemaking Authority 489.507(3) FS. Law Implemented 489.513 FS. History–New 3-24-94, Repealed 7-21-22.

Chapter 61G6-4 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE PANEL, PROCEDURES

Fla. Admin. Code R. 61G6-4 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE PANEL, PROCEDURES

CHAPTER 61G6-4 ORGANIZATION, PURPOSE, MEETINGS, PROBABLE CAUSE PANEL, PROCEDURES 61G6-4.006 Probable Cause Panel 61G6-4.016 Board Member Compensation 61G6-4.019 General Definitions (Repealed) 61G6-4.020 Public Comment 61G6-4.006 Probable Cause Panel. (1) The determination as to whether probable cause exists to believe that a violation of the provisions of Chapter 455, F.S., or Chapter 489, Part II, F.S., or of the rules promulgated thereunder, has occurred shall be made by majority vote of the probable cause panel. (2) The probable cause panel shall be composed of two (2) members of the Electrical Contractors’ Licensing Board, but not more than one (1) member of the panel may be a consumer member. (3) The probable cause panel shall meet at such times as called by the chairman of the Electrical Contractors’ Licensing Board. (4) The probable cause panel members shall be selected by the chairman of the Electrical Contractors’ Licensing Board. (5) The Board provides that one member of the panel may be a former Board member. Rulemaking Authority 455.225 FS. Law Implemented 455.225 FS. History–New 1-2-80, Formerly 21GG-4.06, Amended 11-3-92, Formerly 21GG-4.006, Amended 12-25-96, 8-4-22. 61G6-4.016 Board Member Compensation. In addition to receiving fifty dollars ($50.00) compensation per day for attending official meetings of the board, a board member shall also be eligible to receive compensation for the following: (1) Official meetings or workshops called by the chairman at which either a committee composed of two (2) or more board members or a quorum of the board is present pursuant to chapters 120 and 489, part II, F.S.; (2) Official meetings between a board member or members and the department staff or consultants which the board member attends at the request of the department staff or consultants which the board member attends at the request of the department; (3) Meetings or conferences which the board member attends at the request or approval of the Secretary, the Secretary’s designee, or the majority of the Board; (4) Administrative hearings or legal proceedings at which the board member appears as witness or representative of the board at the request of counsel to the board; (5) In the event that a board member is present for a meeting or hearing defined above, and the meeting is cancelled without prior notice, the attending board member will be eligible for compensation provided the member was present at the scheduled time. Rulemaking Authority 455.207(4) FS. Law Implemented 455.207(4) FS. History–New 12-30-81, Formerly 21GG-4.16, 21GG-4.016. 61G6-4.019 General Definitions. Rulemaking Authority 489.507(3) FS. Law Implemented 489.521(7)(b), 489.529 FS. History–New 8-23-89, Amended 7-3-91, Formerly 21GG-4.019, Amended 12-24-97, 5-13-03, 4-7-08, Repealed 7-21-22. 61G6-4.020 Public Comment. The Electrical Contractors’ Licensing Board invites and encourages all members of the public to provide comment on matters or propositions before the Board or a committee of the Board. The opportunity to provide comment shall be subject to the following: (1) Members of the public will be given an opportunity to provide comment on subject matters before the Board after an agenda item is introduced at a properly noticed board meeting. (2) Members of the public shall be limited five (5) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Board members, staff or board counsel. The chair of the Board may extend the time to provide comment if time permits. (3) A member of the public shall notify board staff in writing of his or her interest to be heard on a proposition or matter before the Board. The notification shall identify the person or entity, indicate the person or entity’s support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons consisting of five (5) or more persons. If the person or entity appearing before the Board does not wish to be identified, a pseudonym may be used. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 3-18-14.

Chapter 61G6-5 APPLICATION FOR CERTIFICATION

Fla. Admin. Code R. 61G6-5 APPLICATION FOR CERTIFICATION

CHAPTER 61G6-5 APPLICATION FOR CERTIFICATION 61G6-5.001 Definitions 61G6-5.002 Application for Certification by Examination 61G6-5.003 Requirements for Certification 61G6-5.0035 Certification of Registered Contractors (Repealed) 61G6-5.0036 Certification of Registered Contractors (Repealed) 61G6-5.004 Requirement for Business Organizations 61G6-5.005 Financial Responsibility; Definitions; Grounds for Denial 61G6-5.006 Certification of Additional New Business Entity or Transfers 61G6-5.007 Application Committee (Repealed) 61G6-5.008 Public Liability and Workers’ Compensation Insurance 61G6-5.009 Endorsement (Repealed) 61G6-5.010 Statement of Authority 61G6-5.011 Qualification of Joint Ventures 61G6-5.012 Notification of Changes 61G6-5.001 Definitions. As used in this chapter: (1) “Applicant” means a business entity making application for certification as an electrical contractor, specialty electrical contractor as designated in Rule 61G6-7.001, F.A.C. (2) “Qualifying agent” means a person with the ability and authority to supervise, direct, manage and control the electrical and/or alarm contracting of a business entity. (3) “Responsible management” means a managerial position of authority, supervision, and control over the electrical contracting activities of a business entity. (4) “Engaging in electrical contracting” means a person or business entity who: holds a current occupational license to practice electrical contracting; holds an active license as an electrical contractor; and is able to demonstrate and document professional activity in the practice of electrical contracting. (5) “Electrical contractor or unlimited electrical contractor” means a person as defined in Section 489.505(12), F.S., whose scope of practice is not limited to a specific segment of electrical contracting. An electrical contractor or unlimited electrical contractor shall be either certified or registered. (6) “Specialty electrical contractor” means a person as defined in Section 489.505(19), F.S., whose scope of practice is limited to a specific segment of electrical contracting as defined in subsections 61G6-7.001(1)-(5), F.A.C. A specialty electrical contractor may be either certified or registered. (7) “Engaging in alarm contracting” means a person or business entity who: holds a current occupational license to practice alarm contracting; holds an active license as an alarm system contractor; and is able to demonstrate and document professional activity in the practice of alarm contracting. (8) “Comprehensive” means skill, knowledge and experience covering all areas of contracting. (9) “Specialized training” means instruction specific to an area or areas of the electrical or alarm trade provided by governmental or private organizations for the purpose of preparing the individual instructed to provide a service to the instructing entity. (10) “Education” means formal instruction provided by an accredited public or private school, community college or university which includes formal classroom time and testing and results in the conference of a recognized degree. For the purposes of this definition 500 man hours equals one year of instruction. (11) “Experience” means informal exposure to the trade wherein knowledge and skill are obtained by participation in the electrical or alarm contracting trade. (12) “Alarm System” means any electrical device, signaling device, or combination of electrical devices used to signal or detect a burglary, fire, robbery, or medical emergency. (13) “Alarm System Contractor” means a person whose business includes the execution of contracts requiring the ability, experience, science, knowledge and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace or service alarm systems for compensation, including but not limited to all types of alarm systems for all purposes. This term also means any person, firm, or corporation that engages in the business of alarm contracting under an expressed or implied contract; that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of alarm contracting; or that by itself or by or through others engages in the business of alarm contracting. (14) “Broad Experience” means that he or she has experience in the electrical or alarm contracting industry which may include management, supervision and hands on experience in the installation of electrical or alarm components as applicable. (15) “Comprehensive training” means obtaining technical, management, and supervision knowledge and experience through the use of instruction and practice in all phases of the electrical or alarm contracting trade. (16) “Technical education” means the integration of academic and vocational instruction designed to provide direct job related training in all phases of the electrical or alarm contracting trade. (17) “Lightning rods or related systems” means: (a) Lightning rod – a strike termination device that is a receptor for attachment of flashes to the lightning protection system. (b) Related system – a conductor system connecting the strike termination device(s) to the ground terminal(s). Rulemaking Authority 489.507(3), 489.511 FS. Law Implemented 489.503(22), 489.505(1), (2), (10), (12), 489.511(1), (2)(a)3.c. FS. History–New 1-2-80, Amended 2-15-82, Formerly 21GG-5.01, Amended 2-23-86, 3-21-88, 11-26-90, 7-8-91, 5-20-92, 11-3-92, Formerly 21GG-5.001, Amended 12-26-93, 3-24-94, 7-13-95, 5-2-96, 5-6-96, 8-27-96, 2-13-97, 8-3-97, 1-4-98, 9-7-98, 10-1-03, 3-26-07, 7-15-07, 11-6-23. 61G6-5.002 Application for Certification by Examination. An applicant for certification by examination or by endorsement shall submit a complete application on the form prescribed by the Department of Business and Professional Regulation together with all supporting data. The application shall be submitted to the Department and accompanied by the appropriate fee. Any application that is not complete within one year from date of initial filing will be closed. Copies of the application and other forms required can be obtained by contacting the Department at the following address: Electrical Contractors’ Licensing Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-0751. The application is incorporated by reference in DBPR, Rule 61-35.012, F.A.C. Rulemaking Authority 489.507(3) FS. Law Implemented 489.511 FS. History–New 1-2-80, Amended 10-30-80, Formerly 21GG-5.02, Amended 10-30-88, 11-3-92, Formerly 21GG-5.002, Amended 4-5-95, 5-13-03, 1-23-05, 6-3-07, 7-19-11, 3-11-21, 11-6-23. 61G6-5.003 Requirements for Certification. (1) Any person desiring certification by examination or applying for certification by endorsement pursuant to Section 489.511(5)(a), F.S., must establish that he or she meets eligibility requirements according to one of the following criteria: (a) Has, within the 6 years immediately preceding the filing of the application, at least 3 years’ proven management experience in the trade or education equivalent thereto, or a combination thereof, but not more than one-half of such experience may be educational equivalent.

1. An applicant for certification who is a recipient of a degree in engineering or related field from an accredited four-year college or university may substitute his or her educational background for 1 year of experience in the trade as an electrical contractor or an alarm contractor, provided that the applicant causes the college or university he or she attended to forward a copy of his or her transcript to the Department.
2. The experience required must include:
   1. For an electrical contractor, at least 40% of work that is 3-phase service;
   2. For an alarm contractor I, at least 40% of work that is in commercial fire alarm systems;
   3. For an alarm contractor II, at least 40% of work in alarm systems other than fire alarm systems.
   (b) Has, within the 8 years immediately preceding the filing of the application, at least 4 years’ experience as a foreman, supervisor, or contractor in the trade for which he or she is making application. The experience must include:
3. For an electrical contractor, at least 40% of work that is 3-phase service;
4. For an alarm contractor I, at least 40% of work that is in fire alarm systems;
5. For an alarm contractor II, at least 40% of work in alarm systems other than fire alarm systems. (c) Has, within 12 years immediately preceding the filing of the application, at least 6 years of comprehensive training, technical education, or broad experience associated with an electrical or an alarm system installation or servicing endeavor. The experience required must include:
6. For an electrical contractor, at least 40% of work that is 3-phase service;
7. For an alarm contractor I, at least 40% of work that is in fire alarm systems;
8. Alarm contractor II, at least 40% of work in alarm systems other than fire alarm systems. (d) Has been licensed for 3 years as an engineer within the preceding 12 years. (2) Every applicant must submit a credit report on the applicant from any recognized credit bureau which includes but is not limited to liens, judgments, suits and bankruptcy obtained from the county, state and federal records. The credit report must be dated within 12 months of the date of filing the application. Reports which are limited to only information that has been obtained from the applicant or past and present employers are not acceptable. (3) To demonstrate experience pursuant to Sections 489.511(1)(b)3.a., b., c., F.S., all applicants must provide to the Board: (a) A representative list of electrical contracts or alarm contracts, as applicable, completed in the requisite number of years preceding the date of application pursuant to the applicable part of the statute noted above. The list shall include the description of each job, location, owner, architect or engineer, and general contractor. If the applicant has been employed by a Florida Certified Electrical, Alarm or Specialty contractor for the requisite number of years preceding the date of application, he/she may have that licensee verify that he/she meets the requirements pursuant to the applicable part of the statute noted above on the Employment Verification for Florida Employer Verification form, Section VIII – Part AI of the licensure application in lieu of providing a list of contracts. If the applicant is applying for the Certified Alarm Contractor I license and has a National Institute for Certification in Engineering Technologies (NICET) Level III certification or higher, he or she may provide proof of the current NICET certification in lieu of providing a list of contracts. (b) Statements prepared by some person or persons other than the applicant for licensure by examination or endorsement listing chronologically the active experience of the applicant in the trade. The statements shall include the name and address of employers, and dates of employment. Copies of W-2 forms must be submitted with the application. (4) A credit report on the qualifying agent from any recognized credit bureau which includes but is not limited to liens, judgments, suits and bankruptcy obtained from county, state and federal records. The credit report must be dated within twelve (12) months of the date of filing the application. Reports which are limited to only information that has been obtained from the qualifying agent or past and present employers are not acceptable. Rulemaking Authority 489.507(3) FS. Law Implemented 489.505(2), (12), 489.511(1), 489.521 FS. History–New 1-2-80, Amended 4-17-80, 10-4-84, Formerly 21GG-5.03, Amended 12-24-87, 7-9-89, 3-13-90, 11-26-90, 7-8-91, Formerly 21GG-5.003, Amended 3-20-94, 11-30-94, 7-13-95, 1-18-96, 9-22-97, 10-1-03, 12-6-10, 7-17-11, 2-8-12, 9-11-19. 61G6-5.0035 Certification of Registered Contractors. Rulemaking Authority 489.507(3), 489.514 FS. Law Implemented 489.513(3), 489.514, 489.517 FS. History–New 11-12-00, Repealed 12-26-11. 61G6-5.0036 Certification of Registered Contractors. Rulemaking Authority 489.507(3), 489.514 FS. Law Implemented 489.513(3), 489.514, 489.517 FS. History–New 10-16-13, Repealed 3-1-16. 61G6-5.004 Requirement for Business Organizations. In order that the Board may carry out its statutory duty to investigate the financial responsibility, credit, and business reputation of an applicant proposing to engage in contracting as a partnership, corporation, business trust, or other legal entity other than a sole proprietorship, an applicant shall be required to forward the following to the Department for review by the Board: (1) A comprehensive financial statement reflecting the financial condition of the business organization in its previous fiscal year; provided, however, that the statement be prepared within 12 months of the date of filing of the application. The financial statement shall be prepared in accordance with generally accepted accounting principles. The financial statement must indicate a minimum net worth as indicated below for the following categories: (a) Unlimited electrical and alarm contractor $10,000

(b) Specialty Contractor $5,000

(2) A report on the business organization from any recognized credit bureau which includes but is not limited to credit history, ability to be bonded, liens, judgments, suits, bankruptcy, and assignment of receivers obtained from county, state and federal records. The credit report must be dated within twelve (12) months of the date of filing the application. (3) Answers to the following questionnaire on the application: Business Organization Financial Responsibility Questionnaire – Has Any Partner, Officer, Director or Trustee of the Business Organzation Ever: (a) Undertaken construction contracts or work that a bonding or surety company completed or made financial settlement on your behalf? ___ Yes ___ No (b) Had claims or lawsuits filed for unpaid or pastdue accounts by your creditors? ___ Yes ___ No (c) Undertaken construction contracts or work which resulted in liens, suits or judgments being filed against you? __ Yes __ No (d) Had a lien of record filed against you by the U.S. Internal Revenue Service or Florida Corporate Tax Division? __ Yes _ No (e) Made an assignment of assets in settlement of construction obligations for less than the debts outstanding? __ Yes __ No (f) Filed for bankruptcy voluntarily or involuntarily? ___ Yes ___ No (g) Been charged with acting as a contractor without a license? ___ Yes ___ No (h) Been convicted, entered a plea or found guilty or entered a plea of nolo contendere (regardless of adjudication) or any crime (other than a traffic violation)? ___ Yes ___ No (i) I WILL NOTIFY THE ELECTRICAL CONTRACTORS’ LICENSING BOARD IN WRITING, WITHIN TEN (10) DAYS, UPON ANY CHANGE OF THE ABOVE LISTED ANSWERS TO THE FINANCIAL RESPONSIBILITY QUESTIONNAIRE OF THIS APPLICATION. SIGNATURE OF QUALIFYING AGENT: DATE: __________________________________________ SUBSCRIBED BEFORE ME THIS ______DAY OF , 20. _________________________________ NOTARY PUBLIC IF YOU ANSWERED YES TO ANY QUESTIONS (A-H) ABOVE, ATTACH COMPLETE EXPLANATION FOR EACH YES ANSWER. (4) For purposes of complying with Section 489.522(2)(c), F.S., a primary qualifying agent shall have the authority for approving checks, payments, drafts and contracts and for supervising all electrical or alarm contracting undertaken by the business organization. Rulemaking Authority 489.507(3), 489.521 FS. Law Implemented 489.515(1), 489.521, 489.522 FS. History–New 1-20-80, Amended 4-17-80, 4-30-81, 1-11-84, Formerly 21GG-5.04, Amended 2-3-86, 11-23-86, 8-27-87, 12-24-87, 11-26-90, 7-8-91, Formerly 21GG-5.004, Amended 3-20-94, 11-30-94, 5-2-96, 2-13-97, 11-23-97, 4-14-98, 4-12-04, 7-17-11, 2-8-12, 11-6-23. 61G6-5.005 Financial Responsibility; Definitions; Grounds for Denial. (1) For purposes of this rule, the phrase “financial responsibility” is defined as the ability to insure that the public, the laborers, the materialmen, the supplier and other parties with whom the applicant will do business as an contractor, will not sustain economic losses resulting from the contractor’s inability to pay his obligations to them. (2) The following factors will be reviewed when examining the financial responsibility of the applicant: (a) Evidence that the applicant or any of its corporate officers, or any of its shareholders holding 10% or more of the corporate stock has filed or been a party to voluntary or involuntary bankruptcy within the past five years preceding its application, arising out of the electrical contracting operations of said applicant, corporate officer or 10% shareholder. (b) The existence, within the past five years preceding the application, of a court judgment rendered against the applicant or any of its corporate officers, or any of its shareholders holding 10% or more of its corporate stock, based upon the failure of the applicant or any of its corporate officers or 10% shareholders to pay their obligations to materialmen, laborers, suppliers or any other parties with whom the applicant or corporate officer or 10% shareholder conducted business as a contractor. (c) The existence of any liens of record by the United States Internal Revenue Service or the State of Florida Department of Revenue against the applicant or any of its corporate officers or any of its 10% shareholders. (d) An unfavorable credit history as indicated by any of the documents submitted pursuant to Rule 61G6-5.004, F.A.C. (3) A determination by the Board that the applicant lacks the financial stability necessary to assure compliance with the standards set forth in subsection (1) of this rule. As guidelines for the determination of financial stability the Board shall consider the responses to the questions set forth in subsection 61G6-5.004(3), F.A.C., and the documents submitted pursuant to Rule 61G6-5.004, F.A.C. Rulemaking Authority 489.521(3) FS. Law Implemented 489.521(3)(a) FS. History–New 1-2-80, Amended 4-17-80, 4-30-81, 1-24-85, Formerly 21GG-5.05, Amended 2-23-86, 8-16-88, Formerly 21GG-5.005, Amended 2-13-97, 6-8-04, Technical Change 8-31-26. 61G6-5.006 Certification of Additional New Business Entity or Transfers. (1) A qualifying agent who wishes to engage in contracting in his own name or in affiliation with another business entity shall be required to submit an application to the Department. The application shall be accompanied by the materials listed in Rule 61G6-5.004, F.A.C. The application shall be accompanied by the application fee. (2) The Application for Transfer form, incorporated by reference in DBPR’s Electrical Contractor’s Departmental Forms, set forth in rule 61-35.012, F.A.C., may be obtained from the Board office. Applications for Transfers or Additional Business Entities must be completed and received thirty (30) calendar days prior to a meeting of the Board. (3) If application is made by a qualifying agent to be allowed to take the examination to be a secondary qualifier for a business already certified by a certified qualifying agent, the already certified business need not resubmit the financial portion of the business application. (4) If a transfer is requested by an already certified person to an already certified business entity, the business portion of the transfer application shall not be required. The credit report and financial statement of the certified person will also not be required. Rulemaking Authority 489.507(3), 489.521(2), (3)(a) FS. Law Implemented 489.521(2), (3)(a), (8) FS. History–New 1-2-80, Amended 4-16-82, 6-22-82, Formerly 21GG-5.06, Amended 11-3-92, Formerly 21GG-5.006, Amended 11-30-94, 5-2-96, 6-16-98, 8-15-06, 11-6-23. 61G6-5.007 Applications Committee. Rulemaking Authority 489.515(1), 489.521 FS. Law Implemented 489.515(1), 489.521 FS. History–New 1-2-80, Formerly 21GG-5.07, Amended 11-26-90, Formerly 21GG-5.007, Amended 11-30-94, Repealed 10-6-97. 61G6-5.008 Public Liability and Workers’ Compensation Insurance. (1) As a prerequisite to the initial issuance, or a change in the status of an active certificate or registration, the applicant shall attest that the applicant will obtain public liability and property damage insurance, in the amounts stated herein. It shall be a violation of this rule for any licensee to fail to continually maintain liability and property damage insurance in amounts set forth herein. The Certificate of Insurance shall be prepared by an insurance agency and must contain the following information: (a) Date that the Certificate of Insurance was issued. (b) Name of Insurance Agent. (c) Name of Insured must reflect the exact name of the entity qualified by the applicant. (d) Name of Insurance Company. (e) Policy number must be on the Certificate. Binder numbers of copies of policies will not be acceptable. (f) Effective date of policy. (g) Expiration date of policy. (h) The minimum amount of liability and property damage insurance required as a prerequisite to the issuance of a certificate or registration or registered license, as listed below:

1. Liability Insurance: (including completed operations and products) $100,000/per person $300,000/per occurrence; and,

2. Property Damage Insurance (including completed operations and products) $500,000 or

3. Minimum combined single limit policy $800,000

(i) Certificate holder must be the Department of Business and Professional Regulation, the Electrical Contractors’ Licensing Board. (j) The cancellation notice shall stipulate that, should the public liability and property damage coverage, described above, be cancelled before the expiration date, the issuing company will mail a thirty day written notice to the Certificate Holder named on this Certificate. (k) The agent’s signature. (l) The licensee’s correct license number. (2) As a prerequisite to the initial issuance, or a change in the status of an active certificate or registration, the applicant shall attest the applicant will obtain workers’ compensation insurance or an appropriate exemption pursuant to Chapter 440, F.S. It shall be a violation of this rule for any licensee to fail to continually maintain workers’ compensation coverage or an appropriate exemption as required. (3) The insurance shall, at all times, be carried in the name of the licensee or the business name appearing on the licensee’s certificate or registration. (4) By applying for renewal, each certificateholder or registrant certifies that he or she has continually maintained the required amounts of public liability and property damage. To verify each certificateholder or registrant has continually maintained the required amounts of public liability and property damage insurance, as well as workers’ compensation coverage or appropriate exemption pursuant to Chapter 440, F.S., the Board will conduct random sample audits of at least 10% of the total number of certificates and registrants. Upon written request by the Board, each selected licensee must within thirty days submit proof of coverage, in the form of an original Certificate of Insurance, showing the licensee has obtained and continually maintained the proper amount of public liability and property damage insurance, as well as workers’ compensation coverage or appropriate exemption pursuant to Chapter 440, F.S., within the specified time period set forth in the Board’s request. (5) Failure to comply with the Board’s request to submit proof of coverage, which meets the requirements of the Board, will be a violation of this rule. Rulemaking Authority 489.507(3), 489.510, 489.511(4), 489.515 FS. Law Implemented 489.507(2), 489.510, 489.511(4), 489.515, 489.517(5), 489.537 FS. History–New 1-2-80, Formerly 21GG-5.08, Amended 5-20-92, Formerly 21GG-5.008, Amended 9-22-97, 3-29-99, 3-19-02, 12-27-04, 8-3-08. 61G6-5.009 Endorsement. Rulemaking Authority 489.507(3), 489.511(6) FS. Law Implemented 489.511(9) FS. History–New 1-2-80, Amended 10-30-80, Formerly 21GG-5.09, 21GG-5.009, Amended 2-13-97, 5-5-10, Repealed 12-26-11. 61G6-5.010 Statement of Authority. Any person applying for the issuance of a certificate or registration to engage in contracting in other than his/her individual capacity, or any registrant or certificate holder applying to qualify a partnership, corporation, business trust or other legal business entity shall demonstrate that he/she is responsible for supervision of all operations of the business organization; including, all field work at all sites and financial matters (both in general and for each specific job). Rulemaking Authority 489.507(3), 489.521 FS. Law Implemented 489.521 FS. History–New 5-20-92, Formerly 21GG-5.010, Amended 2-8-12, 11-6-23, 11-6-23. 61G6-5.011 Qualification of Joint Ventures. (1) These rules do not prohibit a properly qualified business entity from participating in a joint venture with business entities which are not qualified; however, only a properly qualified entity may engage in contracting as defined in Section 489.505, F.S. A joint venture, including a joint venture composed of qualified business entities, is itself a separate and distinct entity which must be qualified. (2) A joint venture, one or more of whose participants are not licensed contractors under Chapter 489, Part II, F.S., may submit a bid on a project under the following circumstances: (a) There must be a written joint venture agreement. (b) One of the joint ventures must be a business entity properly qualified by a licensed contractor. (c) Each participant must sign a statement of authority (as set out in Rule 61G6-5.010, F.A.C.) giving the licensed contractor full authority to conduct the contracting business of the participant. (d) Copies of the joint venture agreement, statements of authority, and the letter of bondability must be received and approved by the Board Office prior to the time of the bid. (e) If the joint venture is awarded the contract, the licensed contractor must qualify the joint venture within ninety (90) days. (f) A licensed contractor who uses this method of limited qualification must maintain on file with the Board Office up-to-date information, as required on the application, concerning all business entities he qualifies. (g) This method of limited qualifications may not be used by any business entity whose application is subject to denial under Section 489.521(9), F.S., due to an officer, partner, director, or member being fined pursuant to Section 489.533, F.S. (h) The Board may limit the qualification issued, as to the project or projects bid upon and prescribe the time period the qualification is to remain effective. (3) All qualifying agents of the joint venture will be required to make an appearance at the Board meeting where the application is reviewed, prior to approval for licensing of the joint venture. A licensed contractor is required to obtain approval for each joint venture. Rulemaking Authority 489.521, 489.507(3) FS. Law Implemented 489.521 FS. History–New 5-20-92, Formerly 21GG-5.011, Amended 11-30-94, 2-1-18, Technical Change 8-31-26. 61G6-5.012 Notification of Changes. (1) A certificate holder or registrant shall notify the Board Office within thirty (30) days of a change in name style or address from that which appears on the current certificate or registration and shall notify the Board Office within thirty (30) days after the qualifying person has ceased to be affiliated with the qualified business organization. (2) A certificate holder or registrant must inform the Board, by mail, within forty-five (45) calendar days, of changes in any information required to be stated on the application for qualification of a business organization. (3) Failure to comply with this rule is grounds for disciplinary action. Rulemaking Authority 489.507(3) FS. Law Implemented 455.275, 489.521(2)(a)1., (5), 489.533 FS. History–New 9-1-98, Amended 10-1-03.

Chapter 61G6-6 EXAMINATIONS

Fla. Admin. Code R. 61G6-6 EXAMINATIONS

CHAPTER 61G6-6 EXAMINATIONS 61G6-6.001 Certification Examination Requirements 61G6-6.002 Specialty Electrical Contractor Certification Examination 61G6-6.005 Reexamination 61G6-6.015 Alarm System Contractor Examination 61G6-6.017 Examination Scores 61G6-6.001 Certification Examination Requirements. (1) The areas of competency to be covered by the certification examination, and the approximate percentage of questions in each area, shall be as follows: Technical knowledge, 60%; General Business knowledge, 33%; and Safety knowledge, 7%. (2) The examination shall be open book. The applicant is responsible for bringing and may use during the examination the applicable code books, reference materials and calculators as approved by the Board. Security measures as set forth by the Department shall be followed during the examination. (3) The following certification examinations are offered: (a) Unlimited Electrical Contractor. (b) Residential Electrical Contractor. (c) Alarm Systems Contractor I. (d) Alarm Systems Contractor II. (e) Limited Energy Contractor. (f) Sign Specialty Contractor. (g) Lighting Maintenance Contractor. (h) Utility Electrical Line Contractor. (i) Two-Way Radio Communications Enhancement Systems Specialty Contractor. (4) An applicant shall be required to achieve a score of a general average of not less than seventy-five percent (75%) on each of the two parts in order to pass the examination and be certified for licensure. When a cut off score contains a fraction of a percentage point of one-half (.5) or higher that score will be raised to the next highest whole number. When a cut off score contains a fraction of a percentage point of less than one-half (.5) that score will be lowered to the next lowest whole number. There shall not be a practical or clinical examination. Rulemaking Authority 455.217(1)(b), 489.507(3) FS. Law Implemented 455.217(1)(b), 489.505(19) FS. History–New 1-2-80, Amended 4-26-81, 1-19-84, Formerly 21GG-6.01, 21GG-6.001, Amended 3-20-95, 5-2-96, 5-7-97, 10-6-97, 9-7-98, 10-7-99, 2-17-00, 4-26-04, 12-27-04, 2-2-20. 61G6-6.002 Specialty Electrical Contractor Certification Examination. The certification examinations for those persons desiring to be licensed as certified specialty electrical contractors pursuant to Rule 61G6-7.001, F.A.C., shall consist of the same areas of competency and be graded in the same manner as the certification examination, except that the technical portion of the specialty electrical contractor certification examinations shall relate to the particular specialty in which certification is desired. Rulemaking Authority 455.217(1)(b) FS. Law Implemented 455.217(1)(b), 489.511(1) FS. History–New 1-2-80, Formerly 21GG-6.02, 21GG-6.002, Amended 3-24-99. 61G6-6.005 Reexamination. An applicant who fails the Technical/Safety certification examination shall be entitled to take the next examination upon payment of the reexamination fee. The Business Computer-Based Test may be taken up to three (3) times after the candidate is initially approved to sit for the examination. A retake exam application must be submitted to the Department for each attempt of the Technical/Safety portion of the examination. However, a retake exam application shall not be required to be submitted for each retake of the Business Computer-Based Test. Rulemaking Authority 455.217(2), 489.507(3), 489.511(2) FS. Law Implemented 455.217(2), 489.511(2) FS. History–New 4-17-80, Formerly 21GG-6.05, Amended 7-3-91, Formerly 21GG-6.005, Amended 12-24-97, 9-21-00, 1-23-05, 11-21-12, 8-1-19. 61G6-6.015 Alarm System Contractor Examination. The certification examinations for those persons desiring to be licensed as alarm system contractors pursuant to Section 489.505(2), F.S., shall consist of the same areas of competency and be graded in the same manner as the certification examination for electrical contractors, except that the technical portion of the examination shall relate only to alarm contracting. There shall be a separate examination for alarm system contracting I and II. Rulemaking Authority 455.217(1)(b) FS. Law Implemented 455.217(1)(b), 489.511 FS. History–New 12-24-87, Formerly 21GG-6.015. 61G6-6.017 Examination Scores. (1) For the purpose of certification, a passing examination score on any part of the examination shall be valid only for a period of three (3) years from the date of the examination. (2) Any current active certified electrical, alarm or electrical specialty licensee, who is an applicant for a state certified electrical, alarm or electrical specialty license by examination in a different category, shall not be required to take the business and finance portion of the exam, provided: (a) The licensee is not under investigation or prosecution in any jurisdiction for an action that would constitute a violation of Chapter 489, Part II, F.S., or if so, until such time as the investigation or prosecution is complete; and, (b) The licensee has not been disciplined by the Board, other than being issued a citation. (3) Any current active certified contractor under Chapter 489 Part I, F.S., may use their Florida Construction Industry Licensing (CILB) Board business & finance exam scores in lieu of taking the Florida Electrical Contractors’ Licensing Board business and finance portion of the exam, provided: (a) The licensee is not under investigation or prosecution in any jurisdiction for an action that would constitute a violation of Chapter 489, Part II, F.S.; or if so, until such time as the investigation or prosecution is complete; and, (b) The licensee has not been disciplined by the CILB, other than being issued a citation. Rulemaking Authority 455.217(2) FS. Law Implemented 455.217(2), 489.511(1) FS. History–New 11-21-07, Amended 10-20-16, 4-28-20.

Chapter 61G6-7 SPECIALTY ELECTRICAL CONTRACTORS

Fla. Admin. Code R. 61G6-7 SPECIALTY ELECTRICAL CONTRACTORS

CHAPTER 61G6-7 SPECIALTY ELECTRICAL CONTRACTORS 61G6-7.001 Specialty Electrical Contractors 61G6-7.002 Scope of Certification of Certified Electrical Contractors 61G6-7.0025 Limited Alarm Registration (Repealed) 61G6-7.003 Additional Classes of Certified Specialty Electrical Contractors (Repealed) 61G6-7.004 Registration of Specialty Electrical Contractors (Repealed) 61G6-7.005 Registered Residential Alarm System Contractor (Repealed) 61G6-7.001 Specialty Electrical Contractors. The following types of specialty electrical contractors may apply to be certified under the provisions of Chapter 489, Part II, F.S., and Chapter 61G6-5, F.A.C., above. In order to be admitted to a specialty contractor examination, the person must show 6 years of comprehensive training, technical education, or broad experience on the type of electrical or alarm system work for which certification is desired. (1) Lighting Maintenance Specialty Electrical Contractor. The scope of certification of a lighting maintenance specialty contractor is limited to the installation, repair, alteration, or replacement of lighting fixtures in or on buildings, signs, billboards, roadways, streets, parking lots and other similar structures. However, the scope of the certification does not include the provision of, or work beyond, the last electrical supplying source, outlet, or disconnecting means. (2) Sign Specialty Electrical Contractor. The scope of certification includes the structural fabrication including concrete foundation, erection, installation, alteration, repair, service and wiring of electrical signs, non-electrical signs and outline lighting. The scope of certification shall not include the provision of, or any electrical work beyond, the last disconnect mean or terminal points. However, a contractor certified under this section may provide the electrical entrance requirements for metering and main disconnect of remote billboards or signs which are independent of any structure or building and which require no more than twenty-five (25) kilowatts at two hundred fifty (250) volts maximum. (3) Residential Electrical Contractor. The scope of certification includes installation, repair, alteration, addition to, replacement of or design of electrical wiring, fixtures, appliances, apparatus, raceways, conduit, or any part thereof, in a 1, 2, 3, or 4 family residence not exceeding 2 stories in height, and accessory use structures in connection with the residence. The electrical service installed or worked upon is limited to single phase, 400 ampere single service. (4) Limited Energy Systems Specialty. The scope of certification of a limited energy systems specialty contractor includes the installation, repair, fabrication, erection, alteration, addition to, or design of electrical wiring, fixtures, appliances, thermostats, apparatus, raceways, conduit, and fiber optics (transmission of light over stranded glass) or any part thereof not to exceed 98 volts, (RMS). The scope of work of this license does not include installation, repair, fabrication, erection, alteration, addition to, or design of electrical wiring, fixtures, appliances, thermostats, apparatus, raceways, conduit, that are part of an alarm system. (a) The scope of certification is limited to electrical circuits and equipment as set forth in Section 489.505(7), F.S. (b) The scope of certification shall not include work performed by public utilities exempt under the terms of Section 489.503(4), F.S., or exempt due to the regulatory jurisdiction of the Florida Public Service Commission. (c) The scope of work of this license may also be performed by the following certified and registered license categories: Unlimited Electrical Contractor, Alarm System Contractor I, Alarm System Contractor II, and Residential Electrical Contractor. (5) Utility Line Electrical Contractor. The scope of certification of a utility line electrical contractor means a utility contractor whose business includes all types of transmission electrical circuits, distribution electrical circuits, and substation construction done for investor owned electrical utilities, city municipal electrical utilities, and cooperatives under the rural electric authority between point of origin and point of delivery. (6) Two-Way Radio Communications Enhancement Systems Specialty. The scope of certification of a two-way radio communications enhancement system specialty contractor includes the installation, repair, alteration, addition to, testing, replacement and design of electrical wiring, fixtures, antennae, amplifiers, appliances, apparatus, raceways, conduit, or any part thereof not to exceed 98 volts (RMS), for two-way radio communications enhancement systems in all structures. The scope of this license does not include the connection of a system to a fire alarm panel. The scope of work of this license may also be performed by the following license categories: Certified Unlimited Electrical Contractor; Certified Alarm System Contractor I; and Registered Alarm System Contractor I. Rulemaking Authority 489.511(4) FS. Law Implemented 489.505(19), 489.511(4) FS. History–New 1-2-80, Amended 7-29-84, 10-14-84, Formerly 21GG-7.01, Amended 2-23-86, 12-24-87, 6-21-89, 3-3-92, Formerly 21GG-7.001, Amended 1-28-96, 12-25-96, 6-11-97, 12-24-97, 7-19-98, 10-7-99, 2-17-00, 4-30-01, 4-30-03, 9-16-07, 12-2-08, 8-22-11, 8-1-19, 7-8-20, 9-25-24. 61G6-7.002 Scope of Certification of Certified Electrical Contractors. The scope of certification of a certified electrical contractor as defined in Section 489.505(8), F.S., shall include, but not be limited to, all of the specialties designated in Rule 61G6-7.001, F.A.C. Rulemaking Authority 489.507(3) FS. Law Implemented 489.505(8), 489.537(7) FS. History–New 1-2-80, Formerly 21GG-7.02, 21GG-7.002, Technical Change 8-31-26. 61G6-7.0025 Limited Alarm Registration. Rulemaking Authority 489.513 FS. Law Implemented 489.513 FS. History–New 3-17-94, Repealed 4-6-97. 61G6-7.003 Additional Classes of Certified Specialty Electrical Contractors. Rulemaking Authority 120.53, 489.511(8) FS. Law Implemented 120.54(5), 489.511(8) FS. History–New 1-2-80, Formerly 21GG-1.03, 21GG-003, Repealed 10-6-97. 61G6-7.004 Registration of Specialty Electrical Contractors. Rulemaking Authority 489.513 FS. Law Implemented 489.513 FS. History–New 2-23-86, Formerly 21GG-7.004, Repealed 10-6-97. 61G6-7.005 Registration Residential Alarm System Contractors. Rulemaking Authority 489.513 FS. Law Implemented 489.513 FS. History–New 2-13-95, Repealed 10-6-97.

Chapter 61G6-8 FEES

Fla. Admin. Code R. 61G6-8 FEES

CHAPTER 61G6-8 FEES 61G6-8.001 Fees 61G6-8.002 Special Assessment Fee (Repealed) 61G6-8.001 Fees. The following fees are prescribed by the Board: (1) The application fee for the certification examination for electrical or alarm systems contractor shall be one hundred ninety-six dollars ($196.00). The initial examination fee for the examination for electrical or alarm systems contractor shall be sixty-seven dollars and twenty-five cents ($67.25) payable to the Department. The applicant shall pay the professional testing service directly for any test administration fee. When the examination is not conducted by a professional testing service pursuant to Section 455.2171, F.S., the entire examination fee shall be payable to the Department. (2) The initial application fee for licensure as a certified electrical, alarm system or specialty contractor by endorsement or certification of a registered contractor shall be one hundred ninety-six dollars ($196.00). (3) The fee for issuance, renewal or reinstatement of certification for electrical contractor or alarm systems contractor shall be two hundred ninety-one dollars ($291.00). (4) The fee to reinstate a null and void license shall be four hundred ninety-six dollars ($496.00). (5) The re-examination fee for the certification examination shall be sixty-seven dollars and twenty-five cents ($67.25) payable to the Department. The re-examination fee for the Business Computer-Based Test shall be paid directly to the professional testing service. When the computer-based testing (CBT) of the examination is not conducted by a professional testing service pursuant to Section 455.2171, F.S., the entire examination fee shall be payable to the Department. (6) The initial fee for registration shall be one hundred forty-six dollars ($146.00). (7) Inactive status fees: (a) The fee for placement of a license in an inactive status shall be fifty dollars ($50.00). (b) The fee for the renewal of license voluntarily placed on inactive status shall be forty-six dollars ($46.00). (8) The fee for renewal of registration shall be one hundred sixteen dollars ($116.00). (9) Delinquent Fee. If licensee becomes delinquent, an applicant must elect for active or inactive status, and a twenty-five dollar ($25.00) delinquent fee will be charged. (10) The fee for the reactivation of a certified or registered license from inactive to active status shall be forty-six dollars ($46.00). (11) Transfer fee. The fee to transfer a certificate or registration from one business organization to another shall be one hundred forty-six dollars ($146.00) for a certified contractor and forty-six dollars ($46.00) for a registered contractor. (12) The fee for the review of the Technical/Safety examination pursuant to the provisions of chapters 455 and 489, F.S., shall be seventy-five dollars ($75.00). The fee for review of the Business Computer-Based Test (at the site where the original exam was taken) shall be paid directly to the professional testing service. (13) The initial application fee for licensure by second entity as certified electrical contractor or alarm system contractor shall be two hundred forty-six dollars ($246.00). (14) Pursuant to section 455.2281, F.S., in addition to all other fees collected from each licensee, there shall be a five dollar ($5.00) fee collected at the request of the Department, both upon initial licensure and license renewal for the purpose of combatting unlicensed activity. (15) The fee to process a change of licensure status at any time other than the beginning of the licensure cycle shall be twenty-five dollars ($25.00). Rulemaking Authority 455.219, 489.507(3), 489.509 FS. Law Implemented 455.217(2), 455.219(1), (5), 455.2281, 455.271, 489.509 FS. History–New 1-2-80, Amended 10-27-80, 5-13-81, 5-3-82, 8-4-82, 5-2-83, 1-19-84, Formerly 21GG-8.01, Amended 7-9-86, 12-24-87, 10-30-88, 2-20-89, 8-26-90, 4-1-91, 7-3-91, Formerly 21GG-8.001, Amended 3-14-94, 11-30-94, 4-5-95, 7-13-95, 12-25-96, 6-1-97, 3-10-98, 12-31-98, 10-4-99, 12-27-04, 6-5-08, 6-29-10, 2-19-14, 6-23-16, 12-10-17, 9-28-21, 8-28-22. 61G6-8.002 Special Assessment Fee. Rulemaking Authority 455.219(2), 489.507(3) FS. Law Implemented 455.219(2) FS. History-New 6-29-06, Amended 4-25-10, Repealed 3-1-16.

Chapter 61G6-9 CONTINUING EDUCATION

Fla. Admin. Code R. 61G6-9 CONTINUING EDUCATION

CHAPTER 61G6-9 CONTINUING EDUCATION 61G6-9.001 Continuing Education for Reactivation 61G6-9.002 Criteria for Continuing Education for Reactivation of License 61G6-9.003 Definitions 61G6-9.004 Continuing Education Requirements for Renewal for Certificateholders and Registrants 61G6-9.005 Registration of Course Providers 61G6-9.006 Approval of Continuing Education Courses 61G6-9.007 Qualifications of Course Instructors 61G6-9.008 Course Syllabus (Repealed) 61G6-9.009 Required Records Maintained by Course Providers 61G6-9.0105 Proof of Completion by Certification Holders and Registrants (Repealed) 61G6-9.012 Advertising of Continuing Education Courses (Repealed) 61G6-9.013 Continuing Education Courses Required by Disciplinary Action (Repealed) 61G6-9.014 Fees 61G6-9.015 Continuing Education Exemption for Spouses of Military Personnel 61G6-9.001 Continuing Education for Reactivation. As a condition to the reactivation of an inactive license, a licensee must submit proof of continuing education which meets the criteria set forth in Rule 61G6-9.002 or 61G6-9.004, F.A.C. (1) Certified and Registered Electrical Contractors must complete continuing education in the following areas: seven (7) hours technical to include: one (1) hour of an approved provider’s specialized or advanced module course, approved by the Florida Building Commission, on any portion of the Florida Building Code, relating to the contractor’s respective discipline; one (1) hour workers’ compensation, one (1) hour workplace safety, one (1) hour business practices, and one (1) hour of Florida laws and rules education. For certified electrical contractors engaged in alarm system contracting, two (2) hours on false alarm prevention which is designated as technical education. The continuing education credits needed for reactivation must be completed within two (2) years preceding reactivation. (2) Certified and Registered Alarm and Specialty Contractors must complete continuing education in the following areas: seven (7) hours technical to include: one (1) hour of an approved provider’s specialized or advanced module course, approved by the Florida Building Commission, on any portion of the Florida Building Code, relating to the contractor’s respective discipline; one (1) hour workers’ compensation, one (1) hour workplace safety, one (1) hour business practices, one (1) hour of Florida laws and rules education and two (2) hours on false alarm prevention. The continuing education credits needed for reactivation must be completed within two (2) years preceding reactivation. Rulemaking Authority 489.507(3), 489.519(3) FS. Law Implemented 489.519 FS. History–New 1-2-80, Amended 10-13-80, Formerly 21GG-9.01, Amended 2-20-89, Formerly 21GG-9.001, Amended 12-24-97, 12-27-00, 10-1-03, 4-10-05, 11-21-12, 2-5-15, 9-22-21. 61G6-9.002 Criteria for Continuing Education for Reactivation of License. The following programs of continuing education may be used to satisfy the continuing education requirement provided that the licensee complies with the terms set forth herein: (1) Courses for credit which are business, technical or safety courses, including alternative non-classroom courses relevant to the electrical contracting industry and which require a passing grade taken at an accredited college, university, or community college. The licensee must furnish an official transcript documenting the classroom hours attended and the receipt of a passing grade. (2) Noncredited courses conducted by an accredited institution of higher learning, official governmental agency, the military, recognized national or state trade or civil organization, or Board approved alternative, non-classroom courses, provided the following conditions are met: (a) The course must be business, technical or safety course relevant to the electrical contracting industry. For purpose of this rule the following lists are provided as guides for provider applicants in properly categorizing individual courses. Courses in the identified categories include, but are not limited to those listed.

1. Business courses include: (A) Bidding a Job, (B) Maintaining Cash Flow, (C) Interpretation of Contracts and Agreements Purchasing Control, (D) Contract Scheduling, (E) Obtaining Insurance and Bonding, (F) Complying with Contracting Laws and Rules, including Chapters 455 and 489, Part II, F.S. and rule Division 61G6, F.A.C., (G) Personnel Management, (H) Complying with Payroll and Sales Tax Laws, (I) Interpretation of Financial Statements and Reports, and (J) Management Accounting.
2. Technical courses include: (A) General Theory and Electrical Principles, (B) Plan and Specification Reading and Interpretation, (C) Wiring and Protection, (D) Wiring Methods and Materials, (E) Special Occupancies and Situations, (F) Life Safety and Americans with Disabilities Act, (G) Electrical Signs, Outline Lighting, and Structural Considerations, (H) Alarms/ Limited Energy, (I) Estimating, (J) False Alarm Prevention, and (K) Advanced Building Code modules.
3. Safety courses include: OSHA Safety, Procedure for Testing and Use of Tools and Equipment. (b) The course must follow a written text, which must be submitted to the Board for approval on request. (c) The instructor of the course must be a professional educator, certified electrical contractor or a similar authority in the field. The licensee must submit a statement documenting the following:
4. Number of classroom hours attended.
5. Provider of the course.
6. Location of the course.
7. Date of the course.
8. Name of the instructor and his credentials.
9. Benefit received from the course. (3) An instructor of any of the courses described in subsections (1) and (2) of this rule, may credit his classroom hours of the course toward completion of his continuing education requirement. Rulemaking Authority 489.507(3), 489.517(3), 489.519(3) FS. Law Implemented 455.271(10), 489.517, 489.519(3) FS. History–New 1-2-80, Formerly 21GG-9.02, 21GG-9.002, Amended 12-27-00, 4-17-01, 4-30-19, 10-28-20. 61G6-9.003 Definitions. When used in this rule, the following terms shall have the following meanings: (1) “Board” means the Electrical Contractors’ Licensing Board. (2) “Course” means any course, seminar or other program of instruction which has been approved by the Board for the purpose of complying with the continuing education requirements for electrical and alarm contractors. (3) “Classroom Hour” means fifty minutes of instruction, exclusive of breaks, recesses, or other time not spent in instruction. (4) “Course Provider” means the person or legal entity who is registered pursuant to this rule chapter and who is responsible for conducting a course approved pursuant to this rule chapter, maintaining records of those in attendance for four years. The course provider is responsible for maintaining records. (5) “Person” means any natural person and does not include any corporation, partnership or other type of legal entity. (6) “Homestudy Course” means a continuing education course approved pursuant to this rule chapter, that is offered as a correspondence course and requires a multiple-choice test at the end of the session with a minimum passing score of 75%. (7) “Interactive Distance Education Course” means a competency based learning course presented through live, synchronous technology or through pre-recorded video coupled with a means for course attendees to ask questions of the instructor(s) and receive responses in a timely manner. Sucj courses may be presented through video conferencing technologies or interactive computer based applications. Courses shall provide for registration, evaluation, monitoring, and verification of continuing education, as well as require a multiple-choice test at the end of the session with a minimum passing score of 75%. (8) “Interactive Distance Education Hour” means fifty minutes of approved instruction presented in an interactive distance education setting, exclusive of any breaks, recesses, or other time not spent in instruction. Rulemaking Authority 455.2123, 489.507(3), 489.517(3) FS. Law Implemented 455.2123, 489.517(3) FS. History–New 11-30-94, Amended 1-3-96, 6-13-96, 1-4-01, 2-10-03, 8-10-05, 10-28-20. 61G6-9.004 Continuing Education Requirements for Renewal for Certificateholders and Registrants. (1) Each person who is certified or registered by the Board must, as a condition of each renewal of the certificate or registration, provide proof of completion of continuing education in one or more courses approved by the Board. (a) As part of the required eleven (11) hours of continuing education, Certified and Registered Electrical Contractors must complete one (1) hour business practices; one (1) hour workers’ compensation; one (1) hour work place safety; one (1) hour Florida laws and rules; and seven (7) hours on technical subjects which includes one (1) hour of an approved provider’s specialized or advanced module course, approved by the Florida Building Commission, on any portion of the Florida Building Code, relating to the contractor’s respective discipline practices. (b) In addition to the continuing education hours required by paragraph 61G6-9.004(1)(a), Certified and Registered electrical contractors engaged in alarm system contracting must also complete two (2) hours on false alarm prevention. (c) As part of the required seven (7) hours of continuing education, Certified and Registered Alarm and Specialty Contractors must complete one (1) hour business practices; one (1) hour workers’ compensation; one (1) hour work place safety; one (1) hour Florida laws and rules; two (2) hours on false alarm prevention; and one (1) hour of an approved provider’s specialized or advanced module course, approved by the Florida Building Commission, on any portion of the Florida Building Code, relating to the contractor’s respective discipline practices. (2) A person who holds more than one certificate or registration issued by the Board is required to complete the continuing education requirements only once during each biennial period. Proof of completion by any such person must be submitted with each renewal application. (3) A person certified or registered by the Board who is also certified under Chapter 468, Part XII, F.S., as a building official, inspector, or plans examiner shall be required to complete the continuing education requirements only once during each biennial period. (4) For his or her initial license renewal, a Certified or Registered Electrical Contractor licensed 12 or more months prior to the end of the first biennial period is required to complete 5 hours of continuing education as a condition of renewal. The 5 hours of continuing education must include the following areas: 1 hour business, 1 hour worker’s compensation, 1 hour work place safety, and 1 hour laws and rules. For alarm system contractors and electrical contractors actively engaged in alarm contracting, the remaining 1 hour shall be in false alarm prevention. (5) For his or her initial license renewal, a Certified or Registered Alarm Contractor licensed 12 or more months prior to the end of the first biennial period is required to complete 4 hours of continuing education as a condition of renewal. The 4 hours of continuing education must be in the following areas: 1 hour worker’s compensation, 1 hour work place safety, 1 hour laws and rules and 1 hour false alarm prevention. (6) For his or her initial license renewal, a Certified or Registered Specialty Contractor licensed 12 or more months prior to the end of a biennial period is required to complete 4 hours of continuing education as a condition of renewal. The 4 hours of continuing education must be in the following areas: 1 hour business; 1 hour worker’s compensation; 1 hour work place safety; and 1 hour laws and rules. (7) For his or her initial license, a person licensed for less than 12 months prior to the end of the first biennial period need not complete any continuing education as a condition of renewal. (8) A licensee may obtain a maximum of four (4) hours of continuing education credits by taking a home study course. A minimum passing score of 75% must be obtained to receive the required CE credits. (9)(a) One of the required technical classroom hours of continuing education must be obtained by completing an approved provider’s specialized or advanced module course, approved by the Florida Building Commission, on any portion of the Florida Building Code, relating to the contractor’s respective discipline. (b) One of the required classroom hours of continuing education shall be in the area of the laws and rules related to electrical and alarm contracting in the State of Florida. For the purposes of this rule, the laws and rules governing the practice of electrical and alarm contracting are Chapters 455 and 489, Part II, F.S., and rule Division 61G6, F.A.C. (10) During any biennial period, a licensee may obtain credit for taking a particular approved continuing education course only once. Rulemaking Authority 455.2124, 489.507(3), 489.517(6) FS. Law Implemented 455.2124, 489.517(3), (6) FS. History–New 11-30-94, Amended 4-22-01, 8-15-04, 1-30-05, 8-10-05, 8-15-06, 3-27-13, 2-5-15, 4-30-19, 9-22-21. 61G6-9.005 Registration of Course Providers. (1)(a) Each course provider must register with the Board prior to submitting any continuing education courses to be conducted by a course provider to the Board for approval. (b) A university or college which is regionally accredited by an accrediting agency recognized by the United States Department of Education (USDOE); and which university or college offers courses in the contracting areas specified in Part II, Chapter 489, F.S., and pursuant to rule Chapter 61G6-9, F.A.C., will be approved as a course provider upon submitting an application to the Board. (2) The application for registration must be submitted on the ECLB Continuing Education Provider Approval Application, form number, DBPR ECLB 11, 07/10/2012, with instructions, which is incorporated by reference in subsection 61-35.012(11), F.A.C., copies of which are provided by the Board upon request and must include the name, address, phone number and facsimile number of the course provider. The registration must also include the name and address of each person or entity who has an ownership interest in the course sponsor or who is entitled to receive any portion of the revenues from the course provider. A course provider making an application to offer interactive distance education must submit evidence of the following: (a) That the course contains a high level of interactivity which promotes student involvement, and demonstrates that the program measures learning and assesses mastery of content at regular intervals. (b) That the course provider will be able to monitor student enrollment, participation, and course completion. (c) That the course provider can demonstrate that stated course hours are consistent with the actual hours it takes to complete the course. (d) That the course provider has qualified instructor(s) available to answer questions and provide the students with the necessary assistance during the duration of the course. (e) That the student shall be required to complete and submit a statement at the end of the course that he/she has personally completed each module of instruction. (3) The course provider registration is valid for four (4) years and expires on May 31st of every other odd numbered year. (4) The course provider must submit to the Board, in writing, notice of any changes in the information provided in the initial application for registration of the course sponsor. The notification must be made within 30 days following the date the change is effective. (5) The Board shall maintain a list of all course providers registered with the Board. (6) The Board shall deny registration of, suspend, or revoke the registration of any course provider if any of the following acts or omissions occur: (a) Obtaining or attempting to obtain registration or course approval through fraud, deceit, false statements, or misrepresentation of material facts, whether such statements or misrepresentations are made knowingly or negligently. (b) Failing to provide complete and accurate information in the initial application for registration or in any notification of change in information. (c) Failing to notify the Board of a change in the information required in subsection (4) for registration of course providers. (d) Falsifying of any records regarding the continuing education courses conducted by the course provider or the persons who attended the courses. (e) Failing to maintain any required records regarding the continuing education courses conducted by the course provider or the persons who attended the courses, including the failure to report the names and license numbers of all persons who attended any approved courses. (f) Failing to train the staff responsible for taking attendance at any approved course or completing the attendance forms. (g) Failing to provide the Board with copies of any document or other information required to be maintained by the course provider pursuant to this rule. (h) Advertising that a course has been approved by the Board prior to the date the approval is granted. (i) Participating in any activity designed or intended to circumvent or evade the requirements of Section 489.517, F.S., or the rules adopted by the Board to implement that section. (j) Failing to identify the number of approved continuing education hours in any course brochures, advertisements, or course completion certificates. (k) Failure to provide the attendee list to the Department in an electronic format or otherwise violate provisions in Section 455.2178(1), F.S. (7) In the event of suspension or revocation of a course provider’s registration, the Board shall require the course provider to cancel the scheduled courses and refund all fees collected by the course provider in connection with any scheduled course. (8) The Board shall deny approval of, suspend, or revoke the registration of any course provider if any person or entity required to be disclosed in the registration was also disclosed (or was required to be disclosed) in the registration of any course provider who has been suspended or revoked by the Board. (9) The provider must comply with the requirements stated in Section 455.2178, F.S., as a condition of approval as a course provider. (10) The course provider shall not offer any continuing education courses if the provider status is in a delinquent or expired status. Rulemaking Authority 455.2178, 455.2179, 455.227, 489.507(3) FS. Law Implemented 455.2178, 455.2179, 489.533 FS. History–New 11-30-94, Amended 6-13-96, 10-20-96, 12-25-96, 3-24-99, 11-2-00, 9-4-01, 2-10-03, 10-1-03, 6-6-19, 8-5-19. 61G6-9.006 Approval of Continuing Education Courses. (1)(a) Any registered course provider may submit an application, on a form provided by the Department, for approval of a continuing education course. Copies of which may be obtained from the Board office. (b) Those courses offered by a university or college which is regionally accredited by an accrediting agency recognized by the United States Department of Education (USDOE); and which university or college offers courses in the contracting areas specified in Chapter 489, Part II, F.S., and pursuant to rule Chapter 61G6-9, F.A.C., shall be approved upon receipt of a completed course application and the Board shall not charge a fee for such approval. (2) Upon receipt of a course application and the appropriate fee, the Board shall approve any, seminar or conference in the electrical or alarm system contracting area provided by any university, community college, vocational-technical center, public or private school, firm, association, organization, person, corporation, or entity which meets the criteria provided in this rule. (3) Any course approved for the continuing education requirements for persons certified under Chapter 468, Part XII, F.S., shall be accepted for continuing education for renewal under this rule, for persons who are certified under Part XII and who are certified or registered under this part. (4) The application shall include the total number of classroom hours, the course syllabus, a detailed outline of the contents of the course, including the amount of time planned for each topic, the name and qualifications of all instructors known at the time of the application and the minimum qualifications of any instructors not known at the time of application. (5) The Board shall approve continuing education courses which appropriately relate to the general business skills or the technical skills required of certificateholders or registrants, and which is taught by qualified instructors. (6) A continuing education course which addresses specific technical materials or trade knowledge shall be approved if applicable to a specific category or categories of contractor as defined in Section 489.505, F.S. (7) Continuing education course approval is valid until May 31st of odd numbered years, provided no substantial change is made in the course. (8) The Board shall approve or deny any application for a continuing education course at the next regularly scheduled Board meeting, provided the application is filed with the agency within forty five (45) days of that meeting. If the application is denied, the Board shall identify the specific reasons for the denial in writing. (9) A course which has been denied may be resubmitted to the Board with modifications. (10) The Board shall not deny nor withdraw approval for any course on the basis that another course provider is conducting the same or similar course approved by the Board. (11) A licensee may earn one (1) laws and rules hour credit and one (1) business hour credit by attending a meeting of the Board wherein disciplinary cases are considered. Licensees must attend the meeting for at least two (2) hours and be present for the complete disciplinary case agenda to receive the continuing education hours. The licensee must check in with the Board staff prior to the beginning of disciplinary proceedings. A licensee may receive continuing education credit for attending the Board meeting only if he or she is attending on that date solely for continuing education credit; he or she may not receive continuing education credit if appearing at the Board meeting for any other purpose, including as a party to a disciplinary action. (12) The Board shall grant a maximum of seven (7) continuing education credits to any licensee who participates in examination development with the approval of the Board upon submission of documentation of such participation by the Department or a testing provider under contract with the Department. The licensee shall use such credits for the current renewal cycle and provide documentation of participation at least ninety days prior to the end of the renewal cycle. (13) Providers shall use the following prefixes to designate the number of approved hours in each of the four statutorily mandated categories: “T” for technical subjects, “C” for workers’ compensation, “S” for workplace safety, and “B” for business practices. (14) The Board shall grant a maximum of four (4) continuing education credits to any licensee who participates as a member of any technical advisory committee to the Florida Building Code Commission. The licensee shall use such credits for the current renewal cycle and provide documentation of participation at least ninety days prior to the end of the renewal cycle. (15) Board members may receive three (3) hours of continuing education credit per biennium for participation at Board meetings. Rulemaking Authority 489.507(3), 489.517(3) FS. Law Implemented 489.517(3) FS. History–New 11-30-94, Amended 6-13-96, 10-20-96, 12-25-96, 10-6-97, 3-24-99, 5-6-99, 11-2-00, 9-4-01, 10-17-05, 7-17-11, 4-30-19, 4-29-21, 12-5-21. 61G6-9.007 Qualifications of Course Instructors. (1) All course instructors shall be qualified, by education or experience, to teach the course, or parts of a course, to which the instructor is assigned. (2) Any person with a four year college degree or graduate degree is qualified to teach any course in their field of study. (3) Any certified or registered contractor with at least five years experience may teach any technical course regarding contracting within the scope of the contractor’s license. (4) A course provider may request approval by the Board regarding the qualifications of a particular instructor for a particular course. (5) A qualified course instructor may count the assigned credit hours of a course taught toward the required hours of biennial continuing education credit for the biennium in which the course was taught. A maximum of seven (7) hours per biennium may be awarded under this subsection. Rulemaking Authority 455.2179, 489.507(3) FS. Law Implemented 455.2179 FS. History–New 11-30-94, Amended 6-13-96, 12-3-00, 10-28-20. 61G6-9.008 Course Syllabus. Rulemaking Authority 489.507(3) FS. Law Implemented 489.517(3) FS. History–New 11-30-94, Repealed 12-26-11. 61G6-9.009 Required Records Maintained by Course Providers. Each course provider must maintain the following records with respect to each course: (1) The time, date and place each course is conducted. (2) The name, address and qualifications of each instructor who teaches any portion of the course. (3) The name, address and certificate or registration number of each person who registered for the course. (4) The original sign-in sheet used at the site of the course to register persons who attend each course. The sign-in sheet shall require all attenders to print their name, list their contractor’s license number, and sign their name. (5) The course syllabus used for each course. (6) The attendance forms. (7) Each person who completes an approved course shall be issued a certificate of completion by the course provider. The certificate of completion shall contain the name and the license number of the person who completed the course, the course number and letter prefix, the sponsor number, the date of course completion, and the number of approved continuing education hours in the course. The course provider shall maintain a list of the name and license number(s) of each person who completes each course conducted by the course provider. (8) The records must be maintained for at least four years following the date the course is completed. (9) Each course provider shall provide the Board with copies of any of these required records, upon request by the Board. Rulemaking Authority 455.2178(6), 489.507(3) FS. Law Implemented 455.2178 FS. History–New 11-30-94, Amended 6-13-96, 12-25-96, 3-24-99, 11-9-00, 4-30-19. 61G6-9.0105 Proof of Completion by Certification Holders and Registrants. Rulemaking Authority 489.507(3), 489.509, 489.517 FS. Law Implemented 489.517 FS. History–New 9-23-99, Repealed 1-19-12. 61G6-9.012 Advertising of Continuing Education Courses. Rulemaking Authority 489.507(3) FS. Law Implemented 455.2179, 489.517(3) FS. History–New 11-30-94, Amended 11-9-00, Repealed 4-30-19. 61G6-9.013 Continuing Education Courses Required by Disciplinary Action. Rulemaking Authority 489.507(3) FS. Law Implemented 489.517(3) FS. History–New 11-30-94, Repealed 12-26-11. 61G6-9.014 Fees. (1) The fee for registering each continuing education provider shall be one hundred and ninety-six dollars ($196.00). (2) The fee for reviewing each continuing education course approval application shall be twenty-five ($25.00) per credit hour, not to exceed one hundred dollars ($100.00) per course. Rulemaking Authority 455.2179(3), (4), 489.507(3), 489.509 FS. Law Implemented 455.219(3), 489.517(3), 455.2179(3), 489.509 FS. History–New 11-30-94, Amended 4-30-19, 9-28-21. 61G6-9.015 Continuing Education Exemption for Spouses of Military Personnel. A licensee who is the spouse of a member of the Armed Forces of the United States and was caused to be absent from the State of Florida because of the spouse’s duties with the armed forces shall be exempt from all licensure renewal provisions under these rules during such absence. The licensee must show proof to the Board of the absence and the spouse’s military status. Rulemaking Authority 455.02(2), 489.507(3) FS. Law Implemented 455.02(2) FS. History–New 4-3-01.

Chapter 61G6-10 DISCIPLINARY GUIDELINES

Fla. Admin. Code R. 61G6-10 DISCIPLINARY GUIDELINES

CHAPTER 61G6-10 DISCIPLINARY GUIDELINES 61G6-10.001 Purpose (Repealed) 61G6-10.0015 Standards of Practice 61G6-10.002 Violations and Penalties 61G6-10.003 Aggravating or Mitigating Circumstances 61G6-10.004 Payment of Fine 61G6-10.005 Minor Violations and Non-Compliance 61G6-10.006 Reinstatement and Relicensure 61G6-10.007 Probation 61G6-10.008 Mediation 61G6-10.001 Purpose. Rulemaking Authority 455.2273, 489.507(3) Law Implemented 455.2273 History–New 1-1-87, Formerly 21GG-10.001, Repealed 12-26-11. 61G6-10.0015 Standards of Practice. (1) The Board establishes the following as standards of practice in electrical and alarm system contracting: (a) An electrical or alarm system contractor shall, prior to engaging or contracting with another entity and or person for the performance of electrical or alarm system contracting as defined by Section 489.505(9), F.S., verify that the entity and or person is certified or registered with the State of Florida. (b) An electrical or alarm system contractor shall maintain documentation of his or her verification of licensure of all entities or persons that he or she engages or contracts for the performance of electrical or alarm system contracting as defined by Section 489.505(9), F.S. At a minimum, documentation shall include proof of the entities’ or person’s current Florida certification or registration. (c) An electrical or alarm system contractor shall obtain applicable local building department permits prior to performing any electrical or alarm system contracting, unless otherwise exempted pursuant to Section 489.503, F.S. (2) It shall constitute negligence, incompetence, and/or misconduct in the practice of electrical or alarm system contracting, as set forth in Section 489.533(1)(f), F.S., for an electrical or alarm system contractor to fail to comply with the standards of practice set forth above. Rulemaking Authority 489.507(3) FS. Law Implemented 489.503, 489.533(1)(f) FS. History–New 8-11-08. 61G6-10.002 Violations and Penalties. (1) In imposing disciplinary penalties upon licensees, the board shall act in accordance with the following disciplinary guidelines and shall impose a penalty corresponding to the violations set forth below absent aggravating and mitigating circumstances and subject to the other provisions of Chapters 455 and 489, Part II, F.S.: The cited statutory language is intended to provide a description of the violation and is not a complete statement of the violation; the complete statement may be found in the statutory provision cited following the violation description. (2) The minimum penalty range is based upon a first time single count violation of each provision listed. The maximum penalty range is based upon repeated violations of the same provision of Chapters 455 and 489, Part II, F.S., or the rules promulgated thereto. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalties, i.e., fine, probation or reprimand which may be included in the final penalty at the board’s discretion. Probation may be subject to conditions, including restriction from practice in certain settings, restricting the licensee to working only under designated conditions or in certain settings, requiring continuing or remedial education, or any other restriction found to be necessary for the protection of the public health, safety and welfare. In addition to any other discipline imposed under these guidelines, the board may require restitution to a consumer and or assess costs relating to the investigation and prosecution of the case. (3) The following disciplinary guidelines shall be followed by the board in imposing disciplinary penalties upon licensees for violation of the below mentioned statutes and rules:

VIOLATION 1st OFFENSE 2nd OFFENSE 3rd OFFENSE

(a) Section 489.533(1)(a), F.S., failure to comply with any provision of Chapter 455, F.S.; Section 489.533(1)(o), F.S., failing to materially comply with provisions of Chapter 489, Part II, F.S., or board rules; Section 455.227(1)(q), F.S., violation of Chapters 455 and 489 Part II, F.S., DBPR or Board rules, DBPR or Board Order, or subpoena; Section 455.227(1)(b), F.S., intentionally violating a rule of the board or department. From reprimand and $500 to $1,000 fine, up to probation or denial. From reprimand and $1,000 to $2,500 fine up to suspension followed by probation, or revocation. $2,500 to $5,000 fine and/or revocation.

(b) Section 489.533(1)(b), F.S., Section 455.227(1)(h), F.S., attempting to procure a license by bribery or fraudulent or willful misrepresentations. Denial or revocation and $1,000 fine. Revocation and $5,000 fine. Section 489.533(1)(b), F.S. revocation and $10,000 fine.

(c) Section 489.533(1)(c), F.S., (Section 455.227(1)(f), F.S.), having a license to practice acted against by another jurisdiction. Discipline comparable to that of the other jurisdiction or discipline consistent with the same violation in Florida. Discipline comparable to that of the other jurisdiction or discipline consistent with the same violation in Florida. Discipline comparable to that of the other jurisdiction or discipline consistent with the same violation in Florida.

(d) Section 489.533(1)(d), F.S., Section 455.227(1)(c), F.S., being convicted of or entering a plea to a crime related to the practice. Section 489.533(1)(d), F.S. From reprimand and/or $250 to $1,000 fine, up to probation or denial or revocation. Section 489.533(1)(d), F.S. From reprimand and a $1,000 to $5,000 fine up to suspension followed by probation or revocation. Section 489.533(1)(d), F.S. From $5,000 to $10,000 fine and/or revocation.

(e) Section 489.533(1)(e), F.S., Section 455.227(1)(l), F.S., making or filing a false report. From reprimand and $250 to $1,000 fine, up to probation. From $1,000 to $5,000 fine and suspension followed by probation, or revocation. Section 489.533(1)(e), F.S.: From $5,000 to $10,000 fine and/or revocation.

(f) Section 489.533(1)(f), F.S., committing fraud, negligence or misconduct. From reprimand and $1,000 to $3,000 fine and or probation. From $5,000 to $10,000 fine and or suspension followed by probation or revocation. Revocation and/or $10,000 fine.

(g) Section 489.533(1)(g), F.S., violating Chapter 633, F.S., or rules of State Fire Marshal. From $1,000 to $2,500 fine, up to probation or denial. From $3,000 to $5,000 fine up to suspension followed by probation or revocation. Revocation and/or $10,000 fine.

(h) Section 489.533(1)(h), F.S., practicing on revoked, suspended, inactive or delinquent license. Delinquent: $250 fine, and/or probation or revocation. Inactive, Revoked or Suspended: From reprimand and $1,000 to $5,000 fine, up to probation, or denial or revocation. Delinquent: From reprimand and $500 to $1,000 fine, up to, suspension followed by probation or revocation. Inactive, Revoked or Suspended: From reprimand and $5,000 to $10,000 fine, up to suspension followed by probation or revocation. Delinquent: $1,000 to $5,000 fine, and/or suspension or revocation. Inactive, Revoked or Suspended: $10,000 fine and/or revocation.

(i) Section 489.533(1)(i), F.S., violating the applicable building codes or laws of the state, municipality or county. From reprimand and $500 to $2,000 fine, up to probation or denial. From reprimand and $2,500 to $5,000 fine, up to suspension followed by probation. $5,000 to $10,000 fine, and/or revocation.

(j) Section 489.533(1)(j), F.S., Section 455.227(1)(j), F.S., assisting in unlicensed practice. Section 489.533(1)(k), F.S., knowingly aiding unlicensed practice by combining or conspiring. From reprimand and $2,000 to $5,000 fine, up to suspension followed by probation, or denial. $5,000 to $10,000 fine, and/or revocation. From $10,000 fine and revocation.

(k) Section 489.533(1)(l), F.S., acting in a name not on the license or failure to properly qualify a firm. From reprimand and $500 to $1,000 fine. From reprimand and $1,000 to $2,500 fine, up to probation. $5,000 to $10,000 fine, up to suspension followed by probation or revocation.

(l) Section 489.533(1)(m), F.S., financial mismanagement or misconduct. $1,000 to $2,500 fine, up to probation, or denial or revocation. From reprimand and $3,000 to $7,500 fine up to suspension followed by probation, or revocation. $10,000 fine and suspension followed by probation, or revocation.

(m) Section 489.533(1)(n), F.S., discipline by municipality or county. Penalty for violation most closely approximating act underlying local discipline. Penalty for violation most closely approximating act underlying local discipline. Penalty for violation most closely approximating act underlying local discipline.

(n) Section 489.533(1)(p), F.S., abandoning a project. From reprimand and $1,000 to $2,500 fine, up to probation, or denial or revocation. From reprimand and $2,500 to $5,000 fine up to suspension followed by probation or revocation. $5,000 to $10,000 fine and/or revocation.

(o) Section 489.533(1)(q), F.S., failing to affix a registration or certification number as required by Section 489.521(7), F.S. From $100 to $250 fine. From $250 to $400 fine. From reprimand and $500 to $1,000 fine.

(p) Section 489.533(1)(r), F.S., proceeding on job without obtaining local building permits or inspections. From $100 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation. From $500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation. From $1,000 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

(q) Section 489.533(1)(s), F.S., Section 455.227(1)(o), F.S., practicing beyond scope of license. Geographical: From $100 to $250 fine. Occupational: From $1,000 to $2,500 fine, up to suspension followed by probation, or denial or revocation. Geographical: From $1,500 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation. Occupational: From $2,500 to $5,000 fine, up to suspension followed by probation, or denial or revocation. Geographical: From $2,500 to $5,000 fine, suspension followed by probation up to revocation. Occupational: Section 489.533(1)(s), F.S. From $5,000 to $10,000 fine, up to suspension followed by probation, or denial or revocation. Section 455.227(l)(o), F.S. From $5,000 fine, up to suspension followed by probation, or denial or revocation.

(r) Section 455.227(1)(a), F.S., making misleading, deceptive or fraudulent representations in or related to the practice. Section 455.227(1)(m), F.S., making deceptive, untrue or fraudulent representations or employing a trick or scheme in practice of the profession. From reprimand and $1,000 to $5,000 fine and or probation or suspension followed by probation. $5,000 fine and or suspension followed by probation or revocation. Revocation and $5,000 fine.

(s) Section 455.227(1)(g), F.S., having been found liable in civil court for filing false report or complaint against another licensee. From $1,000 to $3,000 fine, up to probation or denial. From reprimand and $2,500 to $5,000 fine up to suspension followed by probation. From $5,000 fine and suspension followed by probation or revocation.

(t) Section 455.227(1)(i), F.S., failing to report to the Department any person in violation of Chapters 455, and 489, Part II, F.S., or Board rules. From $500 fine, up to probation or denial. From reprimand and $750 to $1,500 fine, up to suspension followed by probation. From $2,000 to $5,000 fine, up to suspension followed by probation or revocation.

(u) Section 455.227(1)(k), F.S., failure to perform any statutory or legal obligation. From $1,000 to $2,500 fine, up to probation, suspension followed by probation, or denial or revocation. From $2,500 to $5,000 fine, up to probation, suspension followed by probation, or denial or revocation. From $5,000 fine, up to probation, suspension followed by probation, or denial or revocation.

(z) Section 455.227(1)(n), F.S., exercising influence on patient or client for gain of licensee or third party. From reprimand and $500 to $2,500 fine, up to probation or suspension followed by probation. From $2,500 to $5,000 fine and probation, or suspension followed by probation, or denial or revocation. $5,000 fine and revocation.

(w) Section 455.227(1)(p), F.S., improper delegation of professional responsibilities. From $250 to $1,000 fine, up to probation or denial. From reprimand and $1,000 to $2,500 fine, up to suspension followed by probation. From $2,500 to $5,000 fine, up to suspension followed by probation or revocation.

(x) Section 455.227(1)(t), F.S., failing to report to Board, in writing, criminal plea or conviction within 30 days. From reprimand and $500 to $1,000 fine or denial. From $2,000 to $5,000 fine up to suspension. $5,000 fine and/or revocation.

(y) Section 455.227(1)(r), F.S., improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. From $1,000 to $5,000 fine, up to probation or denial. From reprimand and $5,000 fine, up to suspension followed by probation, or revocation. $5,000 fine and suspension, up to revocation.

Rulemaking Authority 455.2273(1), 489.507(3) FS. Law Implemented 455.227, 455.2273, 489.533 FS. History–New 12-10-86, Amended 2-26-89, Formerly 21GG-10.002, Amended 12-24-97, 2-18-99, 10-4-99, 2-12-04, 8-17-06, 6-15-17, 4-9-24. 61G6-10.003 Aggravating or Mitigating Circumstances. When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the board by clear and convincing evidence, the board shall be entitled to deviate from the above guidelines in imposing discipline upon an applicant or licensee. Absence of any such evidence of aggravating or mitigating circumstances before the hearing officer prior to the issuance of a recommended order shall not relieve the board of its duty to consider evidence of mitigating or aggravating circumstances. Based upon the following factors, the board may impose disciplinary action other than the penalties recommended above: (1) The degree of harm to the consumer or public; (2) The number of counts in the administrative complaint; (3) The disciplinary history of the applicant or licensee; (4) The status of the applicant or licensee at the time the offense was committed; (5) The degree of financial hardship incurred by a licensee as a result of the imposition of the fines or suspension of his practice. Any penalties imposed by the board may not exceed the maximum penalties set forth in Section 489.533(2), F.S. Rulemaking Authority 455.2273(3), 489.507(3) FS. Law Implemented 455.2273 FS. History–New 1-1-87, Formerly 21GG-10.003, Amended 10-1-03. 61G6-10.004 Payment of Fine. All fines imposed by the Board for violations of Sections 489.531 and 489.533, F.S., shall be paid within thirty (30) days from the date of the final order entered by the Board. The Board will allow a payment plan upon request of the licensee at the hearing, if extenuating circumstances are demonstrated. Failure to pay fine within the 30-day period may result in disciplinary action. Rulemaking Authority 455.227(3), 489.507(3) FS. Law Implemented 455.227(3) FS. History–New 7-3-91, Formerly 21GG-10.004, Amended 3-24-94, 12-24-96, 9-22-97, 5-8-17. 61G6-10.005 Minor Violations and Non-Compliance. (1) Subject to the limitations imposed by this rule, the following violations are designated as minor for the purposes of Section 455.225(3), F.S. (a) Violation of Section 489.533(1)(l), F.S., by practicing in a name not on the license. (b) Violation of Section 489.513(5), F.S., by contracting in a city or county not licensed in. (c) Violation of Section 489.533(1)(r), F.S., by pulling a late permit. (d) Violation of Section 489.533(1)(q), F.S., by failing to include the license number in each offer of services, business proposal or advertisement as required by Section 489.521(7)(b), F.S. (2) The designation of violations as minor for the purposes of Section 455.225(3), F.S., is limited to initial violations. (3) A monthly report of notices of non-compliance issued by the Department shall be reviewed by the Board to monitor this procedure. (4) Notices of non-compliance issued shall be reviewed by the Probable Cause Panel in any consideration of subsequent allegations of similar violations by the licensee. Rulemaking Authority 455.225(3), 489.507(3) FS. Law Implemented 455.225(3) FS. History–New 7-3-91, Formerly 21GG-10.005, Amended 8-14-97, 1-4-98, 5-8-17, Technical Change 8-31-26. 61G6-10.006 Reinstatement and Relicensure. (1) The Board shall deny certification or registration to a contractor who violates any provisions of Section 489, Part II, F.S. (2) The Board shall not reinstate the certification or registration, nor issue a new certification or registration, of any contractor whose license has been suspended unless proof is shown that all requirements (including fines) imposed in any final order against the contractor have been met. (3)(a) The Board shall not relicense a contractor whose certification or registration has been revoked unless proof is shown that all requirements (including fines) imposed in any final order against the contractor have been met. (b) The Board shall not relicense a contractor whose certificate has been revoked unless he passes the current licensing examination and meets all other requirements for certification. (c) The Board shall not accept for registration the license of an individual whose license it previously revoked unless the jurisdiction requesting registration requires the individual to meet all current requirements to demonstrate competency, including examination, if required of other new registrants. (d) Any person who voluntarily relinquishes his license upon notification of a department or board investigation or in lieu of other disciplinary action must appear before the Board and meet current licensing requirements prior to being allowed to seek recertification through the examination or registration in a jurisdiction. (4) An applicant for reinstatement of a null and void certification or registration shall submit a complete application on the form prescribed by the Department of Business and Professional Regulation (DBPR), DBPR ECLB 10 Application to Reinstate Null and Void Certification or Registration together with all supporting data and appropriate fee. Copies of the application can be obtained by contacting DBPR at the following address: Electrical Contractors’ Licensing Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-0751 or at http://www.myfloridalicense.com/dbpr/pro/elboard/documents/ECLB10. Rulemaking Authority 489.507(3) FS. Law Implemented 455.227(3), 489.533(4) FS. History–New 3-24-94, Amended 4-5-95, 5-8-17, 2-2-20. 61G6-10.007 Probation. All probation imposed by the Board for violations of Section 489.531, 489.533 or 455.227, F.S., shall require the probationer to file with the Board, quarterly reports every ninety (90) days from the date of the final order entered by the Board. The quarterly reports must be filed using DBPR/ECLB 4458, Rev. 11-7-03, titled Probation and Quarterly Report Form, which is hereby incorporated by reference and will be effective 11-7-03, copies of which may be obtained from the Board Office. If the probation is related to financial matters, e.g., satisfaction of liens, collection accounts or judgments, the probationer shall be required to submit quarterly reports providing proof of the payments made. Rulemaking Authority 489.507(3), 489.533(2)(e) FS. Law Implemented 455.227(2)(f), 489.533 FS. History–New 2-16-04, Amended 5-8-17. 61G6-10.008 Mediation. Pursuant to Section 455.2235, F.S., the Board designates the following areas as appropriate for mediation: (1) Section 489.533(1)(q), F.S.; License number not in ad, or wherever else required. (2) Section 489.533(1)(r), F.S.; any complaint that is based on non-completion of contract for not having a final inspection done; this would only be considered if the appropriate permit has been obtained in accordance with normal procedure. (3) Section 489.533(1)(m)4., F.S.; Contractor fails, within 18 months, to pay or comply with a repayment schedule of a judgment obtained against the contractor or a business qualified by the contractor that is related to the practice of contracting. Rulemaking Authority 455.2235(1), 489.507(3) FS. Law Implemented 455.2235(1) FS. History–New 3-21-95, Amended 12-24-96, 11-25-07, 5-8-17.

Chapter 61G6-11 CITATION AUTHORITY

Fla. Admin. Code R. 61G6-11 CITATION AUTHORITY

CHAPTER 61G6-11 CITATION AUTHORITY 61G6-11.001 Citations 61G6-11.001 Citations. The following violations of section 489.533, F.S., may be resolved by the issuance of a citation pursuant to Section 455.224, F.S., and Title 61, F.A.C. (1) Section 489.533(1)(i), F.S.: Minor local code violations; late permitwhere no inspections missed; missed inspections, where inspections are later made; job finished w/o permit, but permit and inspections later obtained. First offense: $200.00 fine Second offense: $500.00 fine Third offense: Prosecuted pursuant to Section 455.225, F.S.

(2) Section 489.533(1)(l), F.S.: Failure to properly qualify a firm. First offense: $500.00 fine Second offense: Prosecuted pursuant to Section 455.225, F.S.

(3) Section 489.533(1)(q), F.S.: License number not in ad, or wherever else required. First offense: $100.00 fine Second offense: $300.00 fine Third offense: $500.00 fine Fourth offense: Prosecuted pursuant to Section 455.225, F.S.

(4) Section 489.533(1)(s), F.S.: Contracting outside geographical area of license. First offense: $500.00 fine Second offense: Prosecuted pursuant to Section 455.225, F.S.

(5) Section 489.533(1)(h), F.S.: Contracting on inactive/delinquent license, where license is reactivated upon issue of citation. First offense: $200.00 fine Second offense: Prosecuted pursuant to Section 455.225, F.S.

(6) Sections 489.533(1)(o)/489.510, F.S.: Failure to maintain worker’s compensation insurance. First offense: $500.00 fine Second offense: Prosecuted pursuant to Section 455.225, F.S.

(7) Section 489.533(1)(o), F.S./rule 61G6-5.008, F.A.C.: Failure to maintain public liability insurance. First offense: $500.00 fine Second offense: Prosecuted pursuant to Section 455.225, F.S.

(8) Sections 489.533(1)(o)/489.517(3), F.S.: Failure to complete continuing education First offense: $500.00 fine Second offense: Prosecution pursuant to Section 455.225, F.S.

(9) Section 489.533(1)(r), F.S.: Late permit where no inspections missed; missed inspections, where inspections are later made; job finished without permit, but permit, inspections later obtained. First offense: $100.00 fine Second offense: $300.00 fine Third offense: $500.00 fine Fourth offense: Prosecuted pursuant to Section 455.225, F.S.

(10) Section 489.533(1)(g), F.S.: Violation of chapter 633, F.S., or rules of the State Fire Marshal where violation is corrected and no physical harm to any person or monetary harm to customer. First offense: $100.00 fine Second offense: $300.00 fine Third offense: $500.00 fine Fourth offense: Prosecuted pursuant to Section 455.225, F.S.

(11) Section 489.533(1)(o), F.S./subsection 61G6-5.008(4), F.A.C.: Failure to timely respond to Board audit. First offense: $400.00 fine Second offense: $500.00 fine

Except as provided in this rule, citations shall be issued pursuant to this rule only where the violation is the first offense, where the violation is the sole offense cited, and where no harm to consumers results from the violation. The disposition of reported violations prosecuted pursuant to Section 455.225 F.S., shall be according to Chapter 61G6-4 and/or 61G6-10, F.A.C. Rulemaking Authority 455.224(2), 489.507(3) FS. Law Implemented 455.224, 455.225 FS. History–New 1-19-92, Formerly 21GG-11.001, Amended 4-14-98, 12-27-04, Technical Change 8-31-26.

Chapter 61G6-12 BURGLAR ALARM SYSTEM AGENT SPONSOR AND TRAINING COURSES

Fla. Admin. Code R. 61G6-12 BURGLAR ALARM SYSTEM AGENT SPONSOR AND TRAINING COURSES

CHAPTER 61G6-12 BURGLAR ALARM SYSTEM AGENT SPONSOR AND TRAINING COURSES 61G6-12.001 Requirements for Burglar Alarm System Agent Training Courses 61G6-12.0015 Requirements for Burglar Alarm System Agent Identification Card 61G6-12.002 Requirements for Fire Alarm System Agent Training Courses 61G6-12.003 Requirements for Fire Alarm System Agent Identification Card 61G6-12.004 Continuing Education Requirements for Fire Alarm System Agents (Repealed) 61G6-12.001 Requirements for Burglar Alarm System Agent Training Courses. (1) The course fee shall be $15.00 per hour, not to exceed $60.00 per course. (2) The completed Training Provider and Continuing Education Course Approval Application on a form provided by the Department. Copies of the form may be obtained from the Board office. (3) Instructor Requirements are as follows: (a) All course instructors shall be qualified, by education or experience, to teach the course, or parts of a course, to which the instructor is assigned.

1. Any person with a four year college degree or graduate degree is qualified to teach any course in their field of study.
2. Any certified or registered contractor with at least five years experience may teach any technical course regarding contracting within the scope of the contractor’s license. (b) Course sponsors may request approval by the board regarding the qualifications of a particular instructor for a particular course. (4) Each course sponsor must maintain the following records with respect to each course: (a) The time, date and place each course is conducted. (b) The name, address and qualifications of each instructor who teaches any portion of the course. (c) The name, address and certificate or registration number of each person who registered for the course. (d) The original sign-in sheet used at the site of the course to register persons who attend each course. The sign-in sheet shall require all attendees to print and sign their name. (e) The course syllabus used for each course. (f) The attendance forms. (g) Each person who completes an approved course shall be issued a certificate of completion by the course sponsor. The certificate of completion shall contain the name of the person who completed the course. The course sponsor shall maintain a list of the name of each person who completes each course conducted by the course sponsor. (h) The records must be maintained for at least three years following the date the course is completed. (i) Each course sponsor shall provide the board with copies of any of these required records, upon request by the board. (5) Course requirements: The Board shall approve burgler alarm system agent courses which address basic alarm system electronics, in addition to related training, including CCTV and access control, communication and signaling. (6) A course syllabus shall be presented to the Board for approval which shall specify the name of the course, the number of the course assigned, the name and address of the course sponsor and a description or outline of the contents of the course. (7) Courses may be offered in a synchronous distance learning format such as a webinar or live chat upon approval of the method of presentation by the Board. Rulemaking Authority 489.507(3), 489.517(2), 489.518(1)(b) FS. Law Implemented 489.507(3), 489.518(1)(b) FS. History–New 5-11-98, Amended 7-17-11, 10-16-13. 61G6-12.0015 Requirements for Burglar Alarm System Agent Identification Card. After the completion of the course outlined in Rule 61G6-12.001, F.A.C., the licensee shall issue identification cards to each of the alarm system agents. The card shall be at least 3 1/4 x 2 1/4 inches in size. The card shall contain: 1 x 1 1/4 inch full face picture of the alarm system agent; name of the holder of the card; name and license number of the unlimited electrical contractor or licensed alarm system contractor; name and address of the business organization; signature of the contractor and the card holder; and issue date and expiration date of the card. The expiration date must be within 2 years of the issue date. The identification card must be in the possession of the burglar alarm system agent while engaged in all burglar alarm system agent duties. An electronic or digital facsimile of the identification card available on a mobile device is acceptable in lieu of a physical copy of the card. The card shall be issued in the following format: BURGLAR ALARM SYSTEM AGENT The bearer of this card has met the training requirements pursuant to Section 489.518, F.S. PHOTO HERE Name: Tom Brown Business: Alarm Center, Inc., Address: 1940 N. Monroe St. Tallahassee, FL 32399 Signature: Tom Brown

---

Qualifier: John Doe License # EC 0012345 Signature: John Doe Issued: October 1, 2004 Expires: September 30, 2006

BURGLAR ALARM SYSTEM AGENT The bearer of this card has met the training and CE requirements pursuant to Section 489.518, F.S. PHOTO HERE Name: Tom Brown Business: Alarm Center, Inc., Address: 1940 N. Monroe St. Tallahassee, FL 32399 Signature: Tom Brown

---

Qualifier: John Doe License # EC 0012345 Signature: John Doe Issued: October 1, 2004 Expires: September 30, 2006

Rulemaking Authority 489.507(3), 489.518(4) FS. Law Implemented 489.518(4)(a), (b) FS. History–New 10-3-04, Amended 12-10-17. 61G6-12.002 Requirements for Fire Alarm System Agent Training Courses. (1) The training provider application fee shall be $200.00. (2) The course fee shall be $25.00 per hour, not to exceed $100.00 per course. (3) The completed Training Provider and Continuing Education Course Approval Application on a form provided by the Department. Copies of the form may be obtained from the Board office. (4) Instructor requirements are as follows: (a) All course instructors shall be qualified, by education or experience, to teach the course, or parts of a course, to which the instructor is assigned. (b) Any person with a four year college degree or graduate degree is qualified to teach any course in his/her field of study. (c) Any certified or registered contractor with at least five years experience may teach any technical course regarding contracting within the scope of the contractor’s license. (d) Course sponsor may request approval by the Board regarding the qualifications of a particular instructor for a particular course. (5) Course record requirements are as follows: (a) Each course sponsor must maintain the following records with respect to each course.

1. The time, date and place each is conducted.
2. The name, address and qualifications of each instructor who teaches any portion of the course.
3. The name and address of each person who registered for the course.
4. The original sign-in sheet used at the site of the course to register persons who attend each course. The sign-in sheet shall require all attendees to print and sign their names.
5. The course syllabus used for each course.
6. The attendance forms. (b) Each person who completes an approved course shall be issued a certificate of completion by the course sponsor. The certificate of completion shall contain the name of the person who completed the course, date the course was offered, name of the course, length of the course and the course approval number assigned by the Board. (c) The course sponsor must maintain the records for at least three years following the date the course is completed. (d) Each course sponsor shall provide the Board with copies of any of these required records, upon request by the Board. (6) Course requirements: The Board shall approve fire alarm system agent courses which address basic fire alarm system technology in addition to related training in National Fire Protection Association (NFPA) codes and standards and access control training. (7) A course syllabus shall be presented to the Board for approval which shall specify the name of the course, the name and address of the course sponsor and a description or outline of the contents of the course. (8) Courses may be offered in a synchronous distance learning format such as a webinar or live chat upon approval of the method of presentation by the Board. Rulemaking Authority 489.507(3), 489.517(2), 489.5185 FS. Law Implemented 489.507(3), 489.517(2), 489.5185 FS. History–New 2-18-99, Amended 7-17-11, 10-16-13. 61G6-12.003 Requirements for Fire Alarm System Agent Identification Card. After the completion of the course outlined in Rule 61G6-12.002, F.A.C., the licensee shall issue identification cards to each of the alarm system agents. The card shall be at least 3 1/4 × 2 1/4 inches in size. The card shall contain: 1 × 1 1/4 inch full face picture of the alarm system agent; name of the holder of the card; name and license number of the unlimited electrical contractor or licensed alarm system contractor; name and address of the business organization; signature of the contractor and the card holder; and issue date and expiration date of the card. The expiration date must be within 2 years of the issue date. The identification card must be in the possession of the fire alarm system agent while engaged in the fire alarm system agent duties. An electronic or digital facsimile of the identification card available on a mobile device is acceptable in lieu of a physical copy of the card. The card shall be issued in the following format: FIRE ALARM SYSTEM AGENT The bearer of this card has met the training requirements pursuant to Section 489.5185, F.S. PHOTO HERE Name: Tom Brown Business: Alarm Center, Inc., Address: 1940 N. Monroe St. Tallahassee, FL 32399 Signature: Tom Brown

---

Qualifier: John Doe License # EC 0012345 Signature: John Doe Issued: October 1, 1998 Expires: September 30, 2000

FIRE ALARM SYSTEM AGENT The bearer of this card has met the training and CE requirements pursuant to Section 489.5185, F.S. PHOTO HERE Name: Tom Brown Business: Alarm Center, Inc., Address: 1940 N. Monroe St. Tallahassee, FL 32399 Signature: Tom Brown

---

Qualifier: John Doe License # EC 0012345 Signature: John Doe Issued: October 1, 1998 Expires: September 30, 2006

Rulemaking Authority 489.507(3), 489.5185(4) FS. Law Implemented 489.5185(4)(a), (b) FS. History–New 1-4-99, Amended 12-10-17. 61G6-12.004 Continuing Education Requirements for Fire Alarm System Agents. Rulemaking Authority 489.507(3) FS. Law Implemented 489.5185(4)(d), (5) FS. History–New 2-18-99, Repealed 12-26-11, Amended 12-10-17.

Division 61K1 Florida Athletic Commission

Chapter 61K1-1 GENERAL RULES FOR BOXING, KICKBOXING, AND MIXED MARTIAL ARTS

Fla. Admin. Code R. 61K1-1 GENERAL RULES FOR BOXING, KICKBOXING, AND MIXED MARTIAL ARTS

CHAPTER 61K1-1 GENERAL RULES FOR BOXING, KICKBOXING, AND MIXED MARTIAL ARTS 61K1-1.001 Purpose, Applicability and Scope of Rules (Repealed) 61K1-1.002 Definitions (Transferred) 61K1-1.0023 Commission, Commission Employees, Duties and Responsibilities (Transferred) 61K1-1.0024 Medical Advisory Council (Repealed) 61K1-1.00241 Code of Conduct for Commissioners, Commission Staff, and Commission Officials (Transferred) 61K1-1.0025 Executive Director, Duties and Responsibilities (Transferred) 61K1-1.0026 Deputy Commissioners, Duties and Responsibilities (Repealed) 61K1-1.0027 District Coordinators, Duties and Responsibilities (Repealed) 61K1-1.0028 Chief Inspector, Inspectors, Duties and Responsibilities (Repealed) 61K1-1.003 Licenses, Permits; Requirement, Procedure and Period, Fee (Repealed) 61K1-1.0031 Application Approval, Application Denial, and Disciplinary Action for Amateur Sanctioning Organizations in Boxing, Kickboxing and Mixed Martial Arts (Transferred) 61K1-1.0035 Insurance (Transferred) 61K1-1.004 Weight Classes; Weigh-In; Pre-Match Physical of Participant and Referee (Repealed) 61K1-1.0043 Drugs and Foreign Substances; Penalties (Repealed) 61K1-1.005 Promoter and Matchmaker; Licensing and Bond; Duties and Conduct (Transferred) 61K1-1.0055 Concessionaire; License; Bond (Repealed) 61K1-1.006 Arena Equipment; Ring Requirements; Fenced Area Requirements for Mixed Martial Arts; Other Fight Mediums; Floor Plan and Apron Seating; Emergency Medical and Other Equipment and Services (Repealed) 61K1-1.007 Participants’ Apparel and Appearance (Repealed) 61K1-1.008 Bandages and Handwraps (Repealed) 61K1-1.009 Gloves and Mouthpieces (Repealed) 61K1-1.010 Physician; License and Duties; Authority (Transferred) 61K1-1.011 Manager; License; Contract Between Manager and Participant (Transferred) 61K1-1.012 Participant; License; Conduct and Other Requirements (Repealed) 61K1-1.013 Judge; License and Duties (Transferred) 61K1-1.016 Announcer; License and Duties (Transferred) 61K1-1.017 Timekeeper or Knockdown Timekeeper; License and Duties (Transferred) 61K1-1.018 Second; License and Duties (Transferred) 61K1-1.019 Referee; License and Duties (Transferred) 61K1-1.023 Trainer; License and Conduct (Transferred) 61K1-1.024 Booking Agent, Representative of Booking Agent; License (Repealed) 61K1-1.030 Rounds (Transferred) 61K1-1.035 Scoring System; Scoring, Criteria; Knockdowns, Fouls; Determination of Win or Draw; Decision Final, Exceptions (Transferred) 61K1-1.037 Post-Match Physical Requirements; Suspensions (Repealed) 61K1-1.040 Post-Match Reports Required to be Filed; Penalty for Late Filing (Repealed) 61K1-1.042 Closed Circuit Telecasts; Requirements; Penalty for Late Filing (Repealed) 61K1-1.050 Method of Payment (Transferred) 61K1-1.070 Administrative Complaints (Transferred) 61K1-1.080 Forms (Transferred) 61K1-1.001 Purpose, Applicability and Scope of Rules. Rulemaking Authority 548.003(8), 548.006(4) FS. Law Implemented 548.004, 548.006, 548.007, 548.061 FS. History–New 2-7-85, Formerly 7F-1.01, Amended 4-6-89, 1-1-90, Formerly 7F-1.001, Amended 9-10-95, 4-3-00, 6-1-04, 2-27-07, Repealed 12-27-12. 61K1-1.002 Definitions. Rulemaking Authority 548.003 FS. Law Implemented 548.007, 548.017, 548.021, 548.06 FS. History–New 2-7-85, Formerly 7F-1.02, Amended 4-6-89, Formerly 7F-1.002, Amended 9-10-95, 11-20-95, 4-3-00, 6-1-04, 3-14-13, Transferred to 61K1-3.0001. 61K1-1.0023 Commission, Commission Employees, Duties and Responsibilities. Rulemaking Authority 548.003 FS. Law Implemented 548.003, 548.004, 548.006, 548.011, 548.025, 548.035, 548.054, 548.056, 548.07, 548.071, 548.073 FS. History–New 4-6-89, Amended 8-28-89, Formerly 7F-1.0023, Amended 4-3-00, 6-1-04, Transferred to 61K1-3.0002. 61K1-1.0024 Medical Advisory Council. Specific Authority 548.003 FS. Law Implemented 548.046 FS. History–New 4-6-89, Formerly 7F-1.0024, Amended 4-3-00, Repealed 6-1-04. 61K1-1.00241 Code of Conduct for Commissioners, Commission Staff, and Commission Officials. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2)(a) FS. History–New 3-14-13, Transferred to 61K1-3.034. 61K1-1.0025 Executive Director, Duties and Responsibilities. Rulemaking Authority 548.003 FS. Law Implemented 548.004, 548.056 FS. History–New 4-6-89, Amended 1-1-90, Formerly 7F-1.0025, Amended 9-10-95, 4-3-00, 6-1-04, 3-14-13, Transferred to 61K1-3.0003. 61K1-1.0026 Deputy Commissioners, Duties and Responsibilities. Specific Authority 548.003 FS. Law Implemented 548.004, 548.006, 548.056, 548.061, 548.071 FS. History–New 4-6-89, Amended 8-28-89, Formerly 7F-1.0026, Amended 9-10-95, Repealed 6-1-04. 61K1-1.0027 District Coordinators, Duties and Responsibilities. Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.046, 548.057 FS. History–New 4-6-89, Amended 8-28-89, 1-1-90, 5-13-90, Formerly 7F-1.0027, Amended 9-10-95, 4-3-00, 6-1-04, Repealed 12-27-12. 61K1-1.0028 Chief Inspector, Inspectors, Duties and Responsibilities. Rulemaking Authority 548.003 FS. Law Implemented 548.006 FS. History–New 4-6-89, Amended 8-28-89, Formerly 7F-1.0028, Amended 4-3-00, 6-1-04, Repealed 12-27-12. 61K1-1.003 Licenses, Permits; Requirement, Procedure and Period, Fee. Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.011, 548.012, 548.013, 548.014, 548.017, 548.021, 548.025, 548.026, 548.028, 548.032, 548.035, 548.046, 548.057, 548.066 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.03, Amended 4-6-89, 8-28-89, 5-13-90, Formerly 7F-1.003, Amended 9-10-95, 4-3-00, 6-21-04, 3-15-10, Repealed 1-3-17. 61K1-1.0031 Application Approval, Application Denial, and Disciplinary Action for Amateur Sanctioning Organizations in Boxing, Kickboxing and Mixed Martial Arts. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.006, 548.0065, 548.008 FS. History–New 7-3-05, Amended 3-15-10, Transferred to 61K1-3.0004. 61K1-1.0035 Insurance. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.041(1)(c), 548.054, 548.057, 548.058, 548.071 FS. History–New 4-6-89, Amended 8-28-89, 1-1-90, 1-9-91, Formerly 7F-1.035, Amended 9-10-95, 4-3-00, 6-1-04, Transferred to 61K1-3.015. 61K1-1.004 Weight Classes; Weigh-In; Pre-Match Physical of Participant and Referee. Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.043, 548.046, 548.071, 548.075 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.04, Amended 4-6-89, 8-28-89, 1-1-90, 5-13-90, 1-9-91, Formerly 7F-1.004, Amended 9-10-95, 4-3-00 6-21-04, 3-15-10, Repealed 1-3-17. 61K1-1.0043 Drugs and Foreign Substances; Penalties. Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.046, 548.047, 548.053, 548.054, 548.058, 548.071, 548.075, 548.079 FS. History–New 4-6-89, Amended 8-28-89, Formerly 7F-1.0043, Amended 4-3-00, 6-21-04, Repealed 1-3-17. 61K1-1.005 Promoter and Matchmaker; Licensing and Bond; Duties and Conduct. Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.011, 548.012, 548.013, 548.014, 548.017, 548.028, 548.032, 548.037, 548.046, 548.049, 548.05, 548.052, 548.053, 548.054, 548.056, 548.058, 548.06, 548.061, 548.064, 548.066, 548.071 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.05, Amended 4-6-89, 8-28-89, 1-1-90, 5-13-90, 1-9-91, Formerly 7F-1.005, Amended 9-10-95, 4-3-00, 6-21-04, Transferred to 61K1-3.002. 61K1-1.0055 Concessionaire; License; Bond. Rulemaking Authority 548.003 FS. Law Implemented 548.002, 548.011, 548.015, 548.025, 548.026, 548.028, 548.06, 548.061, 548.064, 548.071 FS. History–New 6-1-04, Repealed 9-30-15. 61K1-1.006 Arena Equipment; Ring Requirements; Fenced Area Requirements for Mixed Martial Arts; Other Fight Mediums; Floor Plan and Apron Seating; Emergency Medical and Other Equipment and Services. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.032, 548.046, 548.057 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.06, Amended 4-6-89, 1-1-90, Formerly 7F-1.006, Amended 4-3-00, 6-1-04, Repealed 1-3-17. 61K1-1.007 Participants’ Apparel and Appearance. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.046, 548.071 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.07, Amended 4-6-89, 1-1-90, Formerly 7F-1.007, Amended 9-10-95, 4-3-00, 6-1-04, Repealed 1-3-17. 61K1-1.008 Bandages and Handwraps. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.043, 548.046 FS. History–New 2-7-85, Formerly 7F-1.08, Amended 4-6-89, 1-1-90, Formerly 7F-1.008, Amended 4-3-00, 6-1-04, Repealed 1-3-17. 61K1-1.009 Gloves and Mouthpieces. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.043 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.09, Amended 4-6-89, 1-1-90, 5-13-90, Formerly 7F-1.009, Amended 4-3-00, 6-1-04, Repealed 1-3-17. 61K1-1.010 Physician; License and Duties; Authority. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.021, 548.046, 548.047, 548.056 FS. History–New 2-7-85, Formerly 7F-1.10, Amended 5-8-88, 4-6-89, 5-13-90, Formerly 7F-1.010, Amended 9-10-95, 4-3-00, 6-1-04, 12-6-10, Transferred to 61K1-3.004. 61K1-1.011 Manager; License; Contract Between Manager and Participant. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.05, 548.053, 548.054, 548.056, 548.057, 548.058 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.11, Amended 4-6-89, 8-28-89, 1-1-90, 5-13-90, 1-9-91, Formerly 7F-1.011, Amended 9-10-95, 4-3-00, 6-1-04, Transferred to 61K1-3.005. 61K1-1.012 Participant; License; Conduct and Other Requirements. Rulemaking Authority 548.003, 548.041 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.041, 548.046, 548.056, 548.071 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.12, Amended 4-6-89, 8-28-89, 1-1-90, 1-9-91, Formerly 7F-1.012, Amended 9-10-95, 4-3-00, 6-1-04, Repealed 1-3-17. 61K1-1.013 Judge; License and Duties. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.056, 548.057 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.13, Amended 4-6-89, 5-13-90, 1-9-91, Formerly 7F-1.013, Amended 9-10-95, 4-3-00, 6-21-04, 12-6-10, Transferred to 61K1-3.008. 61K1-1.016 Announcer; License and Duties. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.057 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.16, Amended 4-6-89, 1-9-91, Formerly 7F-1.016, Amended 9-10-95, 6-21-04, Transferred to 61K1-3.009. 61K1-1.017 Timekeeper or Knockdown Timekeeper; License and Duties. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.057 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.17, Amended 4-6-89, 8-28-89, 1-1-90, 1-9-91, Formerly 7F-1.017, Amended 9-10-95, 4-3-00, 6-1-04, Transferred to 61K1-3.010. 61K1-1.018 Second; License and Duties. Rulemaking Authority 548.003 FS. Law Implemented 548.002, 548.003(2), 548.006, 548.011, 548.017, 548.046, 548.056, 548.057 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.18, Amended 4-6-89, 1-1-90, 1-9-91, Formerly 7F-1.018, Amended 9-10-95, 4-3-00, 6-1-04, Transferred to 61K1-3.011. 61K1-1.019 Referee; License and Duties. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.056, 548.057, 548.058 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.19, Amended 4-6-89, 1-1-90, 1-9-91, Formerly 7F-1.019, Amended 9-10-95, 4-3-00, 6-1-04, Transferred to 61K1-3.012. 61K1-1.023 Trainer; License and Conduct. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.056 FS. History–New 4-6-89, Amended 1-9-91, Formerly 7F-1.023, Amended 9-10-95, 4-3-00, 6-1-04, Transferred to 61K1-3.013. 61K1-1.024 Booking Agent, Representative of Booking Agent; License. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017 FS. History–New 4-6-89, Amended 1-9-91, Formerly 7F-1.024, Amended 9-10-95, 6-1-04, Repealed 9-30-15. 61K1-1.030 Rounds. Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.057 FS. History–New 4-6-89, Formerly 7F-1.030, Amended 4-3-00, 6-1-04, Transferred to 61K1-3.032. 61K1-1.035 Scoring System; Scoring, Criteria; Knockdowns, Fouls; Determination of Win or Draw; Decision Final, Exceptions. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.041(1)(c), 548.054, 548.057, 548.058, 548.071 FS. History–New 4-6-89, Amended 8-28-89, 1-1-90, 1-9-91, Formerly 7F-1.035, Amended 9-10-95, 4-3-00, 6-1-04, Transferred to 61K1-3.033. 61K1-1.037 Post-Match Physical Requirements; Suspensions. Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.046, 548.071 FS. History–New 4-6-89, Amended 1-1-90, Formerly 7F-1.037, Amended 9-10-95, 4-3-00, Repromulgated 6-1-04, Repealed 1-3-17. 61K1-1.040 Post-Match Reports Required to be Filed; Penalty for Late Filing. Rulemaking Authority 548.003 FS. Law Implemented 548.053, 548.06, 548.075 FS. History–New 4-6-89, Amended 8-28-89, 5-13-90, Formerly 7F-1.040, Amended 9-10-95, 4-3-00, 6-1-04, 11-21-10, Repealed 1-3-17. 61K1-1.042 Closed Circuit Telecasts; Requirements; Penalty for Late Filing. Rulemaking Authority 548.003 FS. Law Implemented 548.061 FS. History–New 4-6-89, Amended 8-28-89, 5-13-90, Formerly 7F-1.042, Amended 9-10-95, 4-3-00, 6-1-04, Repealed by Section 20, Chapter 2012-72 and Section 20, Chapter 2012-143, Laws of Florida, 10-1-12. 61K1-1.050 Method of Payment. Rulemaking Authority 548.003 FS. Law Implemented 548.06 FS. History–New 4-6-89, Formerly 7F-1.050, Amended 9-10-95, Repromulgated 6-1-04, Amended 3-14-13, Transferred to 61K1-3.0005. 61K1-1.070 Administrative Complaints. Rulemaking Authority 548.003 FS. Law Implemented 548.003(8), 548.004 FS. History–New 4-6-89, Formerly 7F-1.070, Amended 9-10-95, 4-3-00, Repromulgated 6-1-04, Amended 3-14-13, Transferred to 61K1-3.0006. 61K1-1.080 Forms. Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.011, 548.05 FS. History–New 4-6-89, Amended 8-28-89, 5-13-90, Formerly 7F-1.080, Amended 9-10-95, 4-3-00, 6-1-04, Transferred to 61K1-3.0007.

Chapter 61K1-3 HEALTH AND SAFETY STANDARDS FOR PROFESSIONAL BOXING, KICKBOXING, AND MIXED MARTIAL ARTS

Fla. Admin. Code R. 61K1-3 HEALTH AND SAFETY STANDARDS FOR PROFESSIONAL BOXING, KICKBOXING, AND MIXED MARTIAL ARTS

CHAPTER 61K1-3 HEALTH AND SAFETY STANDARDS FOR PROFESSIONAL BOXING, KICKBOXING, AND MARTIAL ARTS 61K1-3.0001 Definitions 61K1-3.0002 Commission, Commission Employees, Duties and Responsibilities 61K1-3.0003 Executive Director, Duties and Responsibilities 61K1-3.0004 Application Approval, Application Denial, and Disciplinary Action for Amateur Sanctioning Organizations in Boxing, Kickboxing and Mixed Martial Arts (Repealed) 61K1-3.0005 Method of Payment 61K1-3.0006 Administrative Complaints 61K1-3.0007 Forms (Repealed) 61K1-3.001 Licenses, Permits; Requirement, Procedure and Period, Fees, Fight Card Approval 61K1-3.002 Promoter and Matchmaker; Licensing and Bond; Duties and Conduct 61K1-3.004 Physician; License and Duties; Authority 61K1-3.005 Manager; License; Contract Between Manager and Participant 61K1-3.006 Contracts Between Managers and Participants 61K1-3.007 Participant; License; Conduct and Other Requirements 61K1-3.008 Judge; License and Duties 61K1-3.009 Announcer; License and Duties (Repealed) 61K1-3.010 Timekeeper or Knockdown Timekeeper; License and Duties (Repealed) 61K1-3.011 Second; License and Duties 61K1-3.012 Referee; License and Duties 61K1-3.013 Trainer; License and Conduct 61K1-3.015 Insurance 61K1-3.016 Pre-Match Physical of Participant and Referee 61K1-3.0165 Weigh-In 61K1-3.017 Drugs and Foreign Substances 61K1-3.018 Emergency Equipment, Other Equipment and Services 61K1-3.019 Arena Equipment; Ring Requirements; Floor Plan and Apron Seating 61K1-3.020 Post-Match Physical Requirements; Suspensions 61K1-3.021 Professional Post-Match Reports Required to be Filed; Penalty for Late Filing 61K1-3.022 Unprofessional or Unethical Conduct 61K1-3.023 Citation Authority 61K1-3.026 Disciplinary Guidelines 61K1-3.027 Weight Classes for Boxing, Kickboxing and Mixed Martial Arts 61K1-3.028 Boxing and Kickboxing Participants’ Apparel 61K1-3.029 Mixed Martial Arts Participants’ Apparel 61K1-3.030 Boxing and Kickboxing Bandages and Handwraps; Gloves 61K1-3.031 Mixed Martial Arts Bandages and Handwraps; Gloves 61K1-3.032 Rounds 61K1-3.033 Scoring System; Scoring, Criteria; Knockdowns, Fouls; Determination of Win or Draw; Decision Final, Exceptions 61K1-3.034 Code of Conduct for Commissioners, Commission Staff, and Commission Officials 61K1-3.042 Amateur Events held with Professional Events 61K1-3.043 Instant Replay 61K1-3.0001 Definitions. The definitions contained in Section 548.002, F.S., apply equally herein unless expressly indicated otherwise. As used in the rules adopted by the commission the term: (1) “Announcer” means an individual who has the authority to make all announcements during a pugilistic event. (2) “Commission Official” means an individual who is designated by the commission to represent the commission in an official capacity for specific purposes. Commission Officials include event coordinators, timekeepers, chief inspectors, and inspectors. (3) “Contact Exhibition” means any exhibition in which the participants intend, are allowed or are expected to hit, punch, or contact each other in any way. (4) “Counted Out” means that a participant has been knocked down and the referee and knockdown timekeeper have performed the appropriate count as set forth in these rules, and the completion of such count signifies that the participant has been knocked out. (5) “Employee of the Commission” or “Commission Staff” means the executive director, and, to the extent they are assigned to work for the commission, any full time or part time salaried employees of the Department of Business and Professional Regulation, and all OPS employees of the Department of Business and Professional Regulation, except those OPS employees determined to be independent contractors and who are not involved in making policy decisions for the commission. This definition is only for the purposes of implementing Chapter 548, F.S., rule Division 61K1, F.A.C., and does not confer employee status for any other purpose. (6) “Event Official” means an individual who is licensed by the commission and assigned by the commission office to work in their licensed capacity at an event. Event Officials include referees, judges, and ringside physicians. (7) “Fight Card” means collectively, all of the matches that are scheduled or proposed to be scheduled under the same permit. (8) “Main Event” means the principal match or matches within a program of matches. (9) “Referee” means an individual who enforces the rules relating to the conduct of a bout. (10) “Ringside” means within the first row of spectator seats or closer to the ropes of the ring or the outside edge of the cage. (11) “Registry” means any central repository or collection of match records that is subsequently approved by the commission. (12) “Sparring” or “To Spar” means to compete with a participant or an amateur in a practice bout without scoring. (13) “Timekeeper” means an individual who is assigned the duties to maintain the time for each round during a pugilistic event. (14) “Trainer” means an individual who prepares the participant for the match in which he or she is to engage. Rulemaking Authority 548.003 FS. Law Implemented 548.003, 548.004, 548.007, 548.017 FS. History–New 2-7-85, Formerly 7F-1.02, Amended 4-6-89, Formerly 7F-1.002, Amended 9-10-95, 11-20-95, 4-3-00, 6-1-04, 3-14-13, Formerly 61K1-1.002, Amended 8-1-17, 10-25-20. 61K1-3.0002 Commission, Commission Employees, Duties and Responsibilities. (1) A meeting of the commission shall be convened, after the executive director gives notice as required by Chapters 120 and 286, F.S., upon the call of the chairman or at least three members of the commission. The location of the meeting shall be determined by a majority of the commission. Under no circumstances shall a meeting of the commission occur unless notice has been made as required in Chapters 120 and 286, F.S. (2) At the first meeting after June 1 of each year, the commission shall elect a chairman and vice-chairman from among its membership. (3) For the purposes of Section 548.003(4), F.S., unexcused absences shall include any absence other than: one caused by illness of a member preventing attendance; death or illness of a family member preventing attendance; unavoidable travel delays or cancellations preventing attendance; or any conflict, extraordinary circumstances or event approved by the chairperson and vote of the commission. Members shall communicate the reason for any absence to the executive director and chairperson 48 hours prior to the meeting unless circumstances dictate otherwise and the reason for the absence shall be made part of the minutes of that meeting. Rulemaking Authority 548.003 FS. Law Implemented 548.003, 548.073 FS. History–New 4-6-89, Amended 8-28-89, Formerly 7F-1.0023, Amended 4-3-00, 6-1-04, Formerly 61K1-1.0023, Amended 8-1-17. 61K1-3.0003 Executive Director, Duties and Responsibilities. (1) The executive director shall: (a) Perform all administrative functions to ensure that the commission operates and conducts its business in a lawful manner; (b) Be the custodian of records for the commission; (c) Ensure that proper notice and recording is made of all meetings of the commission; (d) Attend all meetings of the commission; (e) Approve or deny licenses and permits according to the provisions of Chapter 548, F.S., and the rules adopted by the commission; (f) Be present at all matches and act as the commission representative in charge or, in the executive director’s absence, appoint an assistant executive director or an employee or staff member of the commission to be the commission representative in charge; (g) Ensure that all matches are conducted in accordance with the provisions of Chapter 548, F.S., and the rules adopted by the commission. This shall include appointing licensed event officials, in accordance with the criteria as set forth in the rules adopted by the commission and approving or disapproving a match or fight card based on, but not limited to, the prospective participant’s: weight, ability, record, and physical condition. The executive director shall not approve a match where it is reasonable to believe, based on weights, abilities, records, or physical condition of the prospective participants, that the match would not be competitive, would be physically unsafe for one or both participants, would be in conflict with the suspension requirements imposed by any other jurisdiction’s boxing commission against one or both participants, or would not be in the best interest of the sport or the welfare of the public; (h) Issue or cause to be issued administrative complaints and citations as set forth herein; and, (i) Shall have the authority to affix the executive director’s signature to documents which attest to or represent official commission action. (2) The executive director shall be responsible for notifying the commission of any violation which would be grounds for suspension or revocation of any person’s license, of violations that could cause the cancellation of a match or any matter which could reasonably be anticipated to negatively affect the health of a participant, the safety and welfare of the public or result in legal action being taken against the commission. Rulemaking Authority 548.003 FS. Law Implemented 548.004 FS. History–New 4-6-89, Amended 1-1-90, Formerly 7F-1.0025, Amended 9-10-95, 4-3-00, 6-1-04, 3-14-13, Formerly 61K1-1.0025, Amended 7-1-26. 61K1-3.0004 Application Approval, Application Denial, and Disciplinary Action for Amateur Sanctioning Organizations in Boxing, Kickboxing and Mixed Martial Arts. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.006, 548.0065, 548.008 FS. History–New 7-3-05, Amended 3-15-10, Formerly 61K1-1.0031, Repealed 11-18-24. 61K1-3.0005 Method of Payment. (1) Payment of fees and taxes shall be made by cash, check, cashier’s check or money order. (2) If a check is returned for non-sufficient funds the commission shall: (a) Advise the issuer at his last known address of the non-sufficient funds check and allow him 10 business days to provide a cashier’s check or money order in an amount equal to the non-sufficient funds check and the returned check processing fee; (b) If the issuer fails to provide the commission with a cashier’s check or money order for the correct amount within the prescribed time, the commission shall cancel any licenses or permits issued or tentatively approved for which the non-sufficient funds check was presented. Further, the commission shall recover the debt using the means available to the state to collect debts due the state. (c) If a non-sufficient funds check is corrected within the prescribed time, the commission shall continue to accept checks from the issuer. However, any person who submits two non-sufficient funds checks within a 12-month period shall not be allowed to make payments to the commission in the form of a check for a period of 12 months. Rulemaking Authority 548.003 FS. Law Implemented 548.06 FS. History–New 4-6-89, Formerly 7F-1.050, Amended 9-10-95, Repromulgated 6-1-04, Amended 3-14-13, Formerly 61K1-1.050. 61K1-3.0006 Administrative Complaints. (1) The department has authority to find probable cause and shall issue or cause to be issued all administrative complaints. (2) The commission shall issue all final orders, provided however that the executive director shall be delegated the authority to affix his signature to documents which attest to or represent official commission action. Rulemaking Authority 548.003 FS. Law Implemented 548.003(8), 548.004 FS. History–New 4-6-89, Formerly 7F-1.070, Amended 9-10-95, 4-3-00, Repromulgated 6-1-04, Amended 3-14-13, Formerly 61K1-1.070. 61K1-3.0007 Forms. Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.011, 548.05 FS. History–New 4-6-89, Amended 8-28-89, 5-13-90, Formerly 7F-1.080, Amended 9-10-95, 4-3-00, 6-1-04, Formerly 61K1-1.080, Repealed 1-3-17. 61K1-3.001 Licenses, Permits; Requirement, Procedure and Period, Fees, Fight Card Approval. (1) License; Requirement, Procedure and Period, Fee. (a) Any person licensed as an individual shall have sole ownership of such license, and such license shall not be transferable or assignable to another. (b) Licensing Procedure and Period.

1. All applications for a license shall be in writing on a form BPR-0009-450, “Application for License” (06/25), hereby incorporated by reference and available at https://www.myfloridalicense.com/intentions2.asp, or at http://flrules.org/Gateway/reference.asp?No=Ref-18457, provided by the commission, verified by the applicant, with any required attachments, and accompanied by the required fee.

2. Upon receipt of an application for a license, the application shall be reviewed by the executive director, assistant executive director, or commission representative and, if the application is in compliance with the requirements of Chapter 548, F.S., and the rules adopted by the commission. If it is determined that the application is not in compliance, the applicant shall be notified why the application is not in compliance.

3. A license issued pursuant to Chapter 548, F.S., and these rules shall be valid from the date of issuance until December 31 of the year in which the license was issued. An application for the renewal of a license shall be submitted on the initial application and all of the requirements, standards, and criteria used to approve or disapprove an application for a new or initial license shall be used to approve or disapprove the application for the renewal of a license.

4. If a licensee changes its name or other legally identifying information, the licensee shall notify the commission of the change of legally identifiable information within thirty (30) days of the change of the information. (c) License Fees. The following fees shall accompany each application for a license and shall be refundable upon the applicant’s request prior to any action be taken concerning the applicant’s qualifications:

5. Judge $100.00

6. Training Judge $100.00

7. Manager $100.00

8. Matchmaker $100.00

9. Participant $25.00

10. Promoter $250.00

11. Referee $100.00

12. Second $20.00

13. Trainer $20.00

(2) Permit; Requirement, Procedure and Period, Fee. (a) Permit Requirement – Live Events Held in This State. No promoter shall present a program of matches and no promoter shall broadcast a program of matches unless a permit has been approved by the Executive Director. (b) Issuance of Permits.

1. To obtain a permit for a live event, the promoter must submit:
   1. A copy of the promoter’s Florida Promoters License;
   2. Complete permit application on Form BPR-0009-454 “Application for Permit,” (06/25), adopted and incorporated herein, which may be obtained on the “Boxing, Kickboxing, & Mixed Martial Arts” link at https://www.myfloridalicense.com/intentions2.asp; or at http://flrules.org/Gateway/reference.asp?No=Ref-18455;
   3. Name and license number of the matchmaker who will be used for the event;
   4. The permit fee of $1,800.00;
   5. The date of the event.
2. No promoter shall be given approval for or issued a permit if such person has an unpaid fine or any other outstanding obligation owed to the commission. (c) The application shall be submitted no later than 30 days prior to the event date. The commission office may accept permit applications up to 10 days prior to the event date upon approval from the executive director. Extension of the deadline for application may be granted at the discretion of the executive director or his or her designee. (d) Upon receipt of the application for permit for a live event held in this state, the executive director or his or her designee shall review the application and, if the application is in compliance with the requirements of Chapter 548, F.S., and the rules adopted by the commission, the executive director or his or her designee shall give approval to the promoter for the proposed date of the program. If the executive director determines that the application for permit is not in compliance with Chapter 548, F.S., or the rules as adopted by the commission, the executive director or his or her designee shall immediately advise the promoter that the permit application has been disapproved and shall state the reasons why. The executive director may deny an application for permit if another program of matches has previously been scheduled for the same date, and the executive director or his or her designee has determined that adequate staff would not be available to properly supervise both programs of matches or if the executive director determines adequate staff would not be available to properly supervise a single program of matches even if another program of matches is not scheduled for the same day. (e) The promoter or matchmaker shall provide the proposed fight card and supporting fight records of participants not later than 10 calendar days prior to the proposed date of the program. Once a promoter has identified a licensed matchmaker for a specific program of matches, any proposed matches submitted by the promoter will be deemed to be received from the matchmaker. The promoter or matchmaker will be allowed to propose additional matches until 12 noon on the day prior to the scheduled program of matches. After such time, matches may only be proposed if records can be verified to the satisfaction of the executive director or his or her designee and prior to the conclusion of the weigh-in. At the conclusion of the weigh-in, no further matches may be proposed or approved. The executive director or his or her designee shall review the proposed fight card and, if he or she determines that all the proposed matches meet the requirements of Chapter 548, F.S., and the rules adopted by the commission, he or she shall approve the proposed fight card or match(es). If the executive director or his or her designee determines that the proposed fight card or match(es) is not in compliance with Chapter 548, F.S., or the rules adopted by the commission, the executive director or his or her designee shall not approve the proposed fight card and shall advise the promoter or matchmaker that the proposed fight card has been denied and the reasons for denial. Approvals and denials may be communicated for individual matches comprising the proposed fight card. If the commission office is not able to verify the participants’ ability to participate prior to the match, the participants shall not be permitted to participate in the match. (f) All other pre-match requirements of the promoter described in Chapter 548, F.S., and the rules adopted by the commission shall be accomplished before final approval is given and the permit issued. If the executive director or his or her designee determines that the promoter is not in compliance with the requirements adopted by the commission, the executive director or his or her designee shall rescind the approval of the permit and the program of matches shall be cancelled. (g) A permit shall only be valid for the program of matches for which it was issued. (h) Permits shall not be issued if the program of matches is not comprised of an acceptable number of scheduled rounds in order to protect purchasers of tickets. The executive director may take into account whether or not the live event permit application for a particular sport is combined with another live event permit application for a different sport and scheduled for the same date and venue in making a determination relative to the minimum number of rounds as a condition of approval for each permit application. (3) Fight card approval. (a) No promoter shall present a program of matches and no promoter shall broadcast a program of matches unless a fight card has been approved by the executive director or his or her designee. (b) To obtain approval of a fight card for a live event, the promoter must submit:
3. Form BPR-0009-456, “Proposed Fight Card,” (06/25), adopted and incorporated herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://flrules.org/Gateway/reference.asp?No=Ref-18458, no less than 7 days prior to the scheduled event. Each proposed fight card must have a minimum of 24 rounds boxing, and 21 rounds for mixed martial arts events.
4. A copy of each participant’s official fight record. If the participants official fight record reflects the participant is suspended, the suspension must be lifted by the suspending state, jurisdiction, or entity prior to the final approval of the match by the commission office. (c) Each proposed Pro Debut participant shall complete Form BPR-0009-480 “Pro Debut Information Sheet,” (06/25), incorporated and adopted herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://flrules.org/Gateway/reference.asp?No=Ref-18456, and shall submit supporting documentation of five (5) amateur fights by an amateur sanctioning organization along with the other required Fight Card Approval documentation. See Rule 61K1-3.055, F.A.C., for additional requirements regarding Pro Debut participants. Rulemaking Authority 548.003, 548.021, 548.025 FS. Law Implemented, 548.012, 548.014, 548.017, 548.021, 548.025, 548.026, 548.028, 548.032, 548.035 FS. History–New 10-27-16, Amended 10-25-20, 9-30-25. 61K1-3.002 Promoter and Matchmaker; Licensing and Bond; Duties and Conduct. (1) Licensing and Bond. (a) No person shall act as a promoter for any match held in Florida or telecast in or into Florida via closed circuit without first having obtained a promoter license. No person shall act as a matchmaker, including a matchmaker employed by a promoter, for any match held in Florida without first having obtained a matchmaker license. (b) No licensed promoter or matchmaker shall act as a promoter or matchmaker for any boxing, mixed martial arts, or kickboxing match in this state unless the match is sanctioned by the commission. (c) Ownership of Promoter License.
5. Any person licensed as an individual shall have sole ownership of such license, and such license shall not be transferable or assignable to another. If such person is no longer in business, the license shall become void.
6. Any license issued to and in the name of a corporation shall not be transferable or assignable to another. If such corporation is no longer in business or no longer operates as the corporation, the license shall become void. If any officer of the corporation is added or deleted, the licensee shall, within 10 calendar days, notify the commission of such addition or deletion. A newly added officer shall be required to submit an Application for Promoter or Foreign Copromoter License.
7. Any license issued to a partnership shall not be transferable or assignable to another. If the partnership is no longer in business or no longer operates as the partnership, the license shall become void, provided however that if the business continues to operate but does not operate as a partnership and the sole remaining person was one of the licensed partners and all other previous licensed partners have, in writing, authorized such sole remaining person to have control and use of the licensed name, then the license may remain in force and effective until its expiration date, at which time the person shall apply as an individual. (d) No promoter shall also be licensed as a booking agent, representative of a booking agent, matchmaker, manager, second or trainer. A promoter may be licensed as a manager if the licenses are held in different sports and participants under contract to the manager are not also being promoted by the same licensee within the same sport. (e) Bond or Other Security, Requirements.
8. An applicant for a promoter license shall deposit with the commission a surety bond, cash, or certified check in the amount of $15,000 prior to being issued a promoter license. If, at any time and for whatever reason, the security is not maintained in full force and effect, the license shall be automatically void.
9. If it is determined that the projected liability for a match may exceed $15,000, the commission shall require the deposit of an additional bond, cash, or certified check as additional security for the match. The additional security shall be required and used only for the designated match and shall be released or returned 90 calendar days after the date of the match unless, as a result of violations or suspected violations, the commission determines that the additional security shall be retained for a longer period.
10. The bond and other security, or additional bond and additional security shall be filed with the commission for the purpose of providing surety that the promoter will and does faithfully perform and fulfill his obligations as described in Chapter 548, F.S., and the rules set forth herein. Any fault, negligence, error or omission, failure to fulfill contractual obligations, violation of any rules of the commission or any other act or failure to act shall result in a claim for recovery from the bond and recovery from the other security. When the amount of recovery cannot be determined by the commission due to the failure of the promoter to perform as required by Chapter 548, F.S., or the rules set forth herein, the commission shall recover the face value of the bond and other security and the additional bond and additional security, as appropriate, provided, however, that the recovery shall not be greater than the amount of the bond and other security required to be deposited with the commission.
11. A bond or additional bond shall be acceptable if the following conditions are met:
    1. The bond or additional bond shall be on a form provided by the commission and shall have attached a power of attorney, which power of attorney shall not have an expiration date. The promoter shall use Form BPR-0009-465, “Surety Bond for Promoter” (06/23), incorporated and adopted herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-17229, and shall use Form BPR-0009-472, “Additional Surety Bond for Promoter” (06/23), incorporated and adopted herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-17230;
    2. The bond and additional bond shall provide surety in an amount equal to the face amount of the bond and additional bond and the aggregate annual liability shall be for the face amount of the bond and additional bond;
    3. The bond and additional bond shall be made out in the name of the Florida Athletic Commission and shall be negotiable on the sole authority of the executive director;
    4. The bond and additional bond may not be cancelled, for any reason, unless the following conditions have been met, provided however, when an additional bond is required, as referenced above, (II) below shall not apply:
    (I) The surety company has provided the commission at least a 60-calendar-day written notice of intent to cancel; and, (II) The promoter’s license has expired or the license has been returned to the commission with a request to cancel such license and cancelled by the commission and the promoter has not filed an application for renewal of the license; and, (III) A period of 90 calendar days has elapsed since the most recent match of the promoter; and,
12. Other security may be provided in lieu of the bond or additional bond provided the following conditions are met:
    1. The security must be in the form of cash, a certified check or direct obligations of the United States or this state;
    2. The certified check shall be made payable to the Florida Athletic Commission, and the certified check and the direct obligations of the United States or this state shall be negotiable on the sole authority of the executive director;
    3. The commission shall not pay interest or other charges or fees to the promoter;
    4. The security may not be cancelled or requested to be returned, for any reason, unless the following conditions have been met, provided however, when an additional security is required, as referenced above, (II) and (IV) below shall not apply:
    (I) The promoter has provided the commission at least a 60-calendar day written notice of request for return or release of the security; and, (II) The promoter’s license has expired or the license has been returned to the commission with a request for cancellation and cancelled by the commission and the promoter has not filed an application for renewal of the license, or the promoter has substituted a bond for the security and such bond indicates on its face that it shall retroactively cover the promoter for all times and for all obligations of the promoter covered by the security for which the bond is being substituted. In the event of substitution of a bond for the security on deposit with the commission, (III) and (IV) below shall not apply; and, (III) A period of 90 calendar days has elapsed since the most recent match of the promoter; and, (IV) A period of 1 year has elapsed since the security was deposited with the commission. e. The promoter shall use Form BPR-08-468, entitled “Security in Lieu of Bond for Promoter” (06/23), incorporated herein by reference and which may be obtained from the Commission office or http://www.flrules.org/Gateway/reference.asp?No=Ref-17231, and shall use Form BPR-08-471, “Additional Security in Lieu of Bond for Promoter” (06/23), incorporated and adopted herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-17232. (2) Duties and Conduct. (a) More than one promoter may be involved in the promotion of a single program of matches. The promoter to whom the permit is issued shall be considered as the promoter of record, and such promoter shall be responsible for ensuring that all the requirements and responsibilities of the promoter are accomplished as set forth herein, provided however that the bonds or other securities deposited with the Commission of all promoters involved in the promotion of the program of matches shall be liable and used as surety against any claim or obligation involving the program of matches. (b) A matchmaker shall make matches in which the participants are of similar ability and skill.
13. In boxing, a matchmaker or promoter shall be responsible for contacting a commission approved boxing registry to order the official record of any proposed participant and have the official record sent to the commission by mail, personal delivery, facsimile, or e-mail;
14. In kickboxing or mixed martial arts, the matchmaker shall certify as to the competitiveness of each match based upon weight, skill level, number of fights and discipline by facsimile or e-mail. (c) A matchmaker or promoter shall not contract with or negotiate with any person licensed under Chapter 548, F.S., who are under suspension or whose license has been revoked in Florida or any other state. (d)1. Contracts between participants and the promoter for each bout shall be filed with the commission no later than at the time of weigh-in and shall contain:
    1. The name of each licensed promoter and both participants;
    2. The date of the contest to which the contract applies;
    3. The location of the contest to which the contract applies;
    4. The number of rounds to be fought in the contest to which the contract applies;
    5. The weight at which each fighter is to qualify for the contest to which the contract applies;
    6. The amount, to be set forth in American dollars, that will be paid to the participant for the contest to which the contract applies and a statement that the designated amount shall be paid directly to the participant;
    7. The affixed signatures of the promoter and each participant in the contest to which the contract applies, however, the licensed manager of a participant may be authorized by the participant to sign the contract; and,
    8. The contracts for each participant in the same contest must include the same terms regarding the conduct of the contest, but are permitted to provide for different amounts of consideration provided to the participant.
15. Once the contracts are filed and after determination that they are in compliance with these rules, each contract will be affixed with the signature of the commission representative. (e) Contracts for broadcasting of a proposed match shall be filed with the commission within 14 business days after such contract is received by the promoter or when the Post Event Tax Report and 5% tax payment are filed, whichever is later, provided however that if the promoter pays to the commission the maximum amount of $40,000, the contract is not required to be filed. Additionally, the promoter shall be responsible for assuring compliance with Rule 61K1-3.021, F.A.C., of these rules. (f) After the application for a permit has been tentatively approved and a proposed match has been approved, the promoter may provide the names of the participants for the approved match to the media. Under no circumstances shall a promoter advertise, sell or cause to be sold any tickets, distribute or cause to be distributed any complimentary tickets, enter into any contracts or in any way make any obligations, commitments or announcements relative to a match or program of matches unless the match or program of matches has been approved and the permit has been tentatively approved. (g) The promoter shall, in the case of a substitution in a main event participant or participants, post in a conspicuous place in front of the arena or directly over the cashier windows, notice of the substitution, and if time permits, shall advertise the substitution by radio and in a newspaper expected to have the widest circulation for the intended audience. (h) No promoter may pay, lend, or give a participant an advance against his purse before a contest, except in accordance with the provisions of Section 548.052, F.S. (i) The promoter shall be responsible for ensuring that each participant scheduled to be engaged in a match shall have received any medical examination deemed necessary by the commission through its executive director, and that an ophthalmic examination has been performed within the immediate past 12-month period. The participant’s medical history including the results of the physician’s pre-bout and post-bout evaluation of the participant shall be recorded on Form BPR-0009-455, “BOXING/KICKBOXING/MIXED MARTIAL ARTS – PARTICIPANT MEDICAL HISTORY” (06/23), incorporated and adopted herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-17228. (j) The commission representative shall, if there is cause to believe that a participant may have suffered cardiac or neurological injury, direct the participant to undergo an EKG, EEG, neurological examination, MRI, CAT scan, or any other exam deemed by a physician licensed by the commission as medically necessary. The interpretation and diagnosis shall be filed with the commission. It is the responsibility of the promoter to ensure that this requirement is satisfied. (k) The promoter shall be responsible for acquiring insurance as described in Rule 61K1-3.015, F.A.C., of these rules. (l) The promoter shall advise all managers and participants under contract for a match or program of matches of the time and place of the weigh-in as designated by the commission representative and of the time and place of their appearance for the match or program of matches. (m) The promoter shall be responsible for appointing an announcer. (n) The executive director shall appoint a minimum of one physician for the weigh-in and a minimum of two physicians for the program of matches. Each physician who is assigned to be present at the weigh-in, program of matches, or both shall be compensated by the promoter at a value not less than $100 as established by the executive director. (o) Each referee who is required to be present shall be compensated by the promoter at a value not less than $125 as established by the executive director based upon, but not limited to, the total number of rounds scheduled to be fought in the program of matches, the number of scheduled matches within the program, and whether or not the matches are to be televised. Each judge who is required to be present shall be compensated by the promoter at a value not less than $85 as established by the executive director based upon, but not limited to, the total number of rounds scheduled to be fought in the program of matches, the number of scheduled matches within the program, and whether or not the matches are to be televised. In the case of championship matches, the executive director may use the fee recommended by the sanctioning organization as a guide in determining the appropriate value that shall be compensated to the referee and judges. Any above referenced official who must travel a distance greater than 30 miles from his home to the premises of the program of matches shall be compensated an additional amount as determined by the executive director. This additional amount shall be paid by the promoter. (p) No promoter shall pay, contribute to the pay of or provide any gift or other gratuity to any participant, referee, judge or other licensed official other than specifically provided in these rules. (q) The promoter shall be responsible for providing the proper arena equipment, seating and services as described in Rule 61K1-3.019, F.A.C., of these rules, facilities, personnel, ushers, ticket sellers, security and other equipment, services or personnel necessary to provide for the correct handling of the program of matches. The promoter is solely responsible for ensuring that adequate security is on site and prepared to immediately respond to any situation. If the seating capacity relative to a live event permit is filed with a seating capacity of 2,000 or greater, the promoter shall ensure that, in addition to other regular security, a minimum of 2 certified law enforcement officers are located immediately adjacent to each of the red and blue corners and that additional certified law enforcement officers are located within the premises of the program of matches in positions to have a clear and unobstructed view of the ring and are able to immediately respond to their fellow officers at ringside. (r) The promoter shall ensure that all tickets have clearly printed on them the admission price, and no ticket shall be sold for a price higher than the price shown on its face. In the case of generic tickets that are not printed with the ticket prices, each different priced ticket shall be a different color. Each complimentary ticket shall by some distinguishing mark indicate the face value of the ticket, and in no case shall the dollar value of a complimentary ticket be less than the lowest ticket price available for sale to the general public. (s) No promoter shall sell or issue, or cause to be sold or issued more tickets of admission for any match or program of matches than can be accommodated by the seating capacity of the premises where the match or program of matches is to be held. (t) The following criteria and procedure shall be used for the refunding of the purchase price of tickets:
16. The promoter shall refund the full purchase price of a ticket for a match or program of matches if:
    1. The match or program of matches is postponed; or
    2. There is a substitution of either participant in the main event or events; or
    3. The main event or the entire program of matches is cancelled; and,
    4. The person presenting the ticket for refund has presented such ticket within 30 calendar days after the scheduled date of the match or program of matches.
17. Within 10 calendar days after the expiration of the 30-calendar day period, the promoter shall pay all unclaimed ticket receipts to the commission. The commission shall hold the funds in the Professional Regulation Trust Fund for 1 year and make refunds during such time to any person presenting a valid ticket for a refund. Thereafter, the commission shall pay all monies remaining from the unclaimed ticket receipts to the State Treasurer for deposit into the appropriate fund.
18. Failure to comply with this provision shall result in the forfeiture of the bond or other security and additional bond or additional security and revocation of the license of the promoter or foreign copromoter or concessionaire. (u) The promoter or concessionaire shall retain all records necessary to justify and support the information submitted on any reports required by the commission for a period of 2 years following the date of the match or program of matches. Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.011, 548.012, 548.014, 548.017, 548.028, 548.032, 548.037, 548.046, 548.049, 548.05, 548.052, 548.053, 548.054, 548.066, 548.071 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.05, Amended 4-6-89, 8-28-89, 1-1-90, 5-13-90, 1-9-91, Formerly 7F-1.005, Amended 9-10-95, 4-3-00, 6-21-04, Formerly 61K1-1.005, Amended 10-25-20, 1-2-25. 61K1-3.004 Physician; License and Duties; Authority. (1) License. (a) No person shall act as a physician in any match held in Florida without first having obtained a physician license as required by Chapter 548, F.S. (b) No physician shall have financial or pecuniary interest in any participant under the jurisdiction of the commission. (c) No physician shall also be licensed as a booking agent, promoter, foreign copromoter, concessionaire, manager, matchmaker or representative of a booking agent and shall not act as a booking agent, manager, matchmaker or representative of a booking agent. (2) In addition to the duties, responsibilities and authority outlined in these rules, a physician shall also have the following duties, responsibilities, and authority: (a) Two physicians shall be present at each match and render service and assistance as provided for in these rules. A physician shall be located near each participant’s corner in a designated seat for the duration of each match. No match shall be allowed to begin or continue unless at least one physician is in his designated seat. (b) If, at any time during the match, the physician is of the opinion that a participant has received severe punishment or injury, or that to continue the match would pose the threat of unreasonable harm or injury to a participant, the physician shall advise the referee that the match should be terminated. In this event, however, the referee is the sole arbiter of the match, and, as such, the referee is the only individual authorized to stop a match. (c) In the event of injury to or illness of any person under the jurisdiction of the commission and while located on the premises where a program of matches is being conducted, the physician shall have complete charge of such person, shall provide medical assistance, and shall be accorded the full cooperation of all commission representatives and licensees present. (d) Whenever a knockout occurs in any match, the physician shall examine the participant knocked out at the time of the knockout and in the dressing room immediately after the match. In the event of a knockout or other serious injury, the physician shall remain on the premises to provide medical attention as needed. When the physician is satisfied that the injured or knocked out participant has recovered to the extent that the physician releases the participant from the physician’s care, the physician shall, prior to releasing participant, instruct participant as to the danger signs of which the participant should be aware and which would indicate the need to seek immediate medical attention. (e) The physician shall not leave the premises until after the decision in the final match has been rendered, physician is satisfied that physician’s services are no longer necessary and the executive director or commission representative have cleared participant to leave. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.017, 548.021, 548.046, 548.047 FS. History–New 2-7-85, Formerly 7F-1.10, Amended 5-8-88, 4-6-89, 5-13-90, Formerly 7F-1.010, Amended 9-10-95, 4-3-00, 6-1-04, 12-6-10, Formerly 61K1-1.010, Amended 12-5-24. 61K1-3.005 Manager; License; Contract Between Manager and Participant. (1) License. (a) No person shall act as a manager for any participant without having first obtained a manager license. (b) No manager shall also be licensed as a judge, physician, promoter or referee and shall not act as a judge, physician, promoter or referee. A manager can be licensed as a promoter if the licenses are held in different sports and participants under contract to the manager are not also being promoted by the same licensee within the same sport. (c) No manager shall have financial or pecuniary interest in an opponent of manager’s participant. (d) No licensed manager shall act as a manager in any boxing, kickboxing or mixed martial arts match in this state unless the match is sanctioned by the commission. (2) Conduct of Manager. (a) No manager shall attempt to select or insist upon the selection of any referee or judge in a match in which a participant under his or her management is to appear, nor shall a manager have the name of any such referee or judge written into the contract governing such match. (b) No manager shall pay or contribute to the pay of or provide any gift or gratuity to any opposing participant, referee, judge, physician or any licensed official. (c) Other than provided in these rules no participant, referee, judge, physician or any licensed official shall accept any pay, gift or gratuity from any manager or promoter. (d) A manager may verbally coach a participant during a round. A manager shall not use profanity or inappropriate language or excessively coach his or her participant while working in the corner. The executive director or commission representative shall determine whether a manager’s coaching or behavior is excessive, inappropriate, disruptive, or otherwise, unbefitting a sportsman. A manager attempting by word or action, to heckle or annoy his or her participant’s opponent or any official is strictly prohibited. A manager shall not enter the corner ring, or fenced area at any time during the match and not interfere with the conduct of a match during the match. If any manager enters the ring or fenced area during any match, the match shall be temporarily stopped and the manager shall be immediately ejected by the referee, and the referee shall order the match to continue. If any manager enters the ring during any match, the match shall be forfeited to the opposing participant. Whenever a person licensed as a manager in this state desires to work in the corner of a participant under contract to the manager, the manager shall be designated a second and shall be deemed to be a second for that specific bout without the need to apply for a second license. When working in such capacity, the manager shall comply with the requirements set forth for seconds in Rule 61K1-3.011, F.A.C., of these rules. (e) The manager shall furnish to manager’s participant a statement of distribution of the purse together with the participant’s share of the purse no later than 24 hours after the manager receives the purse and promoter’s statement from the promoter. The manager shall retain a copy of the statement of distribution of the purse, certified by the manager to be correct, with receipted vouchers for all expenditures and deductions for a period of 6 months following the date of the match and shall present such copy to the commission for inspection if requested to do so. (f) Upon the proposal of a professional debut participant, the manager may be required to certify to the commission that the professional debut participant is physically competent and possesses the skills of a trained participant including, but not limited to:
19. Competence in the elements of offense and defense;
20. Clean hitting;
21. Ring generalship; and,
22. Physical stamina to fight at least the minimum number of scheduled rounds and duration. (g) Professional debut certification shall be made to the executive director or commission representative prior to or at the time of the weigh-in by completing and signing Form BPR-0009-480 the Pro Debut Information Sheet as incorporated by reference in Rule 61K1-3.001, F.A.C. (h) A manager shall be issued a citation for the first occurrence if the professional debut participant is not able to demonstrate the competence and skills listed above. (i) A manager shall be issued a citation and fined the manager’s share of the purse for the second occurrence if the professional debut participant is not able to demonstrate the competence and skills listed above. (j) A manager’s license may be suspended or revoked for the third occurrence and beyond. (3) Contracts Between Manager and Participant. (a) No unlicensed manager, unlicensed agent, or other unlicensed person shall negotiate or contract for or on behalf of any participant with any promoter or matchmaker under the jurisdiction of the commission. No contract or negotiation entered into by such unlicensed person shall be valid. (b) No manager shall negotiate, obligate or contract for matches for a participant not under contract to him or her. (c) All contracts shall be in writing and shall be filed with the commission within 7 calendar days of execution. The commission shall be notified immediately of any changes in contractual status, which change shall be in writing, signed by all parties to the contract and filed with the commission within 7 calendar days of execution. (d) No contract shall be entered into which entitles a manager or group of managers to a total fee in excess of 33 1/3 percent of the gross earnings of the participant, and no contract containing such a provision shall be valid or binding. (e) Release of a participant from a participant or manager contract by a manager shall be in writing and filed with the commission. (f) No manager of a participant shall sell, assign, transfer any interest, or in any way encumber, or attempt to sell, assign, transfer any interest, or in any way encumber in whole or in part, which he holds in any contract for the services of such participant without notice to and written consent of such participant and without notice to and written consent of the commission. The commission shall not approve an assignment or transfer of interest to any unlicensed, unnamed person. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.017, 548.05, 548.053, 548.054, 548.056 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.11, Amended 4-6-89, 8-28-89, 1-1-90, 5-13-90, 1-9-91, Formerly 7F-1.011, Amended 9-10-95, 4-3-00, 6-1-04, Formerly 61K1-1.011, Amended 12-5-24. 61K1-3.006 Contracts Between Managers and Participants. (1) All contracts entered into between a manager and a participant shall utilize Form BPR-0009-451, “Letter of Agreement Between Participant and Manager,” (06/23), adopted and incorporated herein by reference, which may be obtained from the Commission office, http://www.flrules.org/Gateway/reference.asp?No=Ref-17233 or at http://www.myfloridalicense.com/dbpr/pro/sbc/documents/451_letter_of_agreement_part_and_man.pdf. (2) Addendums which contain additional terms may be added to Form BPR-0009-451. Said additional terms may not conflict with Chapter 548, F.S., or any Commission rules. Rulemaking Authority 548.003 FS. Law Implemented 548.05 FS. History–New 11-26-15, Amended 12-5-24. 61K1-3.007 Participant; License; Conduct and Other Requirements. (1) License. (a) No participant shall also be licensed as a judge, physician, or referee, and no participant shall act as a judge, physician, or referee. (b) No person shall be licensed as a participant if such person:
23. Is under 18 years of age,
24. Has had cardiac surgery. An exception may be made with prior approval from the commission based on sufficient documentation from a licensed cardiologist which indicates that the surgery poses no risk to the health, safety, or wellbeing of the participant while participating in boxing, kickboxing, or mixed martial arts,
25. Has not received an ophthalmic examination within the immediate 12-month period prior to the date of the scheduled match and the results of the examination filed with the commission,
26. Is found to have any blindness or whose vision is so poor as to cause a significant health hazard or impairment to his ability to effectively participate in a match,
27. Has suffered cerebral hemorrhage or any other serious head injury. The executive director or his or her designee shall, if he or she has cause to believe that a participant may have suffered neurological injury, direct the participant to undergo an EEG, complete neurological exam, EKG, MRI, CT scan, or other medical examination deemed necessary by the ringside physician. The interpretation and diagnosis shall be filed with the commission, or
28. Is no longer able to competently perform as determined by the commission. A determination that a participant is no longer able to competently perform shall be based on participant’s win/lose/draw record; participant’s previous opponents and the results of such matches; participant’s proposed opponent; the results of the matches between participant’s proposed opponent and others; participant’s physical condition; and participant’s ability to perform effectively,
29. Has failed to comply with the physical requirements in these rules, including the pre-licensure physical, pre-match physical, and post-match physical requirements. (c) Any person desiring to become licensed as a participant shall submit Form DBPR-0009-450, “Application for License,” which is incorporated in Rule 61K1-3.001, F.A.C. (d) Each participant shall submit to an ophthalmological examination conducted by a licensed and certified ophthalmologist or certified optometrist. The Participant and ophthalmologist or optometrist shall complete Form BPR-0009-665, “Dilated Ophthalmological Examination,” (06/23), adopted and incorporated herein by reference, which may be found at https://www.myfloridalicense.com/intentions2.asp, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-17234, and shall be submitted to the commission with the application for licensure. (e) Each participant shall submit to a pre-licensure physical conducted by a licensed M.D. or D.O. Female participants may submit to a pre-licensure physical conducted by a licensed OB/GYN. The participant and physician shall complete Form DBPR FSBC 20, “Pre-Licensure Physical Info Sheet,” effective September 2015, adopted and incorporated herein, which may be found at https://www.myfloridalicense.com/intentions2.asp, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07427, and submit to the commission. The results from the pre-licensure physical examination shall be used by the commission office for licensure and fight card approval, and for comparison to pre-match physical examination by ringside physicians. The pre-match physical examination may be used in lieu of the pre-license physical examinations if performed within 30 days of the pre-license physical examination. (f) Each participant shall provide the commission with hepatitis B surface antigen laboratory result and hepatitis C antibody laboratory result indicating no infection. Negative results will be acceptable for a period of up to 1 year. After 1 year, the participant will need to be re-tested and provide the commission with current laboratory results. (g) Each participant shall provide the commission with rapid HIV test result indicating no infection with the human immunodeficiency virus/AIDS. Negative result will be acceptable for a period of up to 1 year. After 1 year, the participant will need to be re-tested and provide the commission with current laboratory results. (h) Laboratory results filed with other commissions or jurisdictions in the United States may be verified in writing by them to the executive director in lieu of requiring a subsequent blood test for this purpose. (i) All medical information provided to the commission directly shall not be released by the commission or any agent thereof, to any individual or entity without prior authorization from the participant and only for the purpose of determining the participants’ ability to participate in a match in any jurisdiction, or for the purpose of completing other commission related administrative action. Participants shall sign Form DBPR FSBC 20, “Pre-Licensure Physical Info Sheet,” September 2015, as a release to permit the commission to release the medical information to the necessary individuals or entities prior to the match. (2) No applicant shall be issued a license as participant if any of the following conditions are found by the physician in the pre-licensure physical examination. (a) Inguinal and/or abdominal hernia; (b) Organic heart murmur; (c) Active pulmonary lesion; (d) Abnormal temperature as determined by the physician; (e) Blood pressure over 140/90 mmHg; (f) Active communicable disease, including skin lesions, such as boils or infected wounds, as well as any other bacterial, viral, fungal, and/or mycobacterial communicable diseases, including tuberculosis; (g) Recent wound(s), especially on face and ears; (h) Hand injury and/or fracture(s) less than 6 weeks old, if, in the physician’s opinion, the injury would be detrimental to the participant’s health or ability to effectively compete or exhibit; (i) Reason to believe that a participant has ingested or used a prohibited substance listed in Rule 61K1-3.017, F.A.C.; (j) Dental abscess or loose tooth or teeth; (k) Ophthalmological problem(s) including but not limited to:
30. Retinopathy or detached retina; provided however, that the applicant shall be permitted to participate in a match if the participant provides, at or before the weigh-in, the written statement of a licensed ophthalmologist stating that the participant’s retina is completely healed and that in the ophthalmologist’s expert medical opinion, no unusual or extraordinary risk to the participant is anticipated as a result of the retinopathy or a previously detached retina,
31. Solitary eye,
32. Blindness defined as central visual acuity of 20/200 or less in the best eye with the best possible correction, and/or a visual field of 20 degrees or less. (l) History of epilepsy or seizures, provided however, that the applicant shall be permitted to participate in a match if the participant provides, at or before the weigh-in, the written statement of a licensed neurologist stating that the epilepsy or seizure disorder is well-controlled and that in the neurologist’s expert medical opinion, no unusual or extraordinary risk to the participant is anticipated as a result of the epilepsy or seizure disorder; (m) History of kidney problems, including solitary kidney; provided however, that the applicant shall be permitted to participate in a match if the participant provides, at or before the weigh-in, the written statement of a licensed nephrologist stating that the kidney problem is resolved and that in the nephrologists’ expert medical opinion, no unusual or extraordinary risk to the participant is anticipated as a result of the resolved kidney problem and/or solitary kidney; (n) History of blood clotting disorders or abnormal bleeding, including hemophilia and Von Willebrand disease; provided however, that the applicant shall be permitted to participate in a match if the participant provides, at or before the weigh-in, the written statement of a licensed hematologist stating that the bleeding problem is well controlled and that in the hematologist’s expert medical opinion, no unusual or extraordinary risk to the participant is anticipated as a result of the bleeding disorder; (o) Altered gait or balance, or (p) History of any abnormality in a computerized axial tomography (CAT) scan, electroencephalogram (EEG), electrocardiogram (EKG), magnetic resonance imaging (MRI) scan, or other similar medical tests. (q) In addition to the above, applicants 40 years and older shall submit satisfactory results from the following prior to being approved for licensure:
33. A normal EKG dated no greater than twelve months prior to application clearing them to compete,
34. A normal MRI of the brain. (3) Conduct and Other Requirements: No participant shall engage in a match with less than seven calendar days between matches. Rulemaking Authority 548.003, 548.041 FS. Law Implemented 548.021, 548.041, 559.79 FS. History–New 10-27-16, Amended 12-5-24. 61K1-3.008 Judge; License and Duties. (1) License. (a) No person shall act as a judge in a match held in Florida without first having obtained a judge license. (b) A judge shall not also be licensed as a booking agent, manager, matchmaker, participant, representative of a booking agent, second, or trainer. (c) No judge shall have a financial or pecuniary interest in any participant. (2) Applications for a professional judge license will be reviewed, evaluated, and processed in the following manner: (a) Any person desiring to become licensed for the first time as a professional boxing, kickboxing, or mixed martial arts judge shall submit to the commission the appropriate application using Form BPR-0009-450, entitled “Application for License” (06/23), which is incorporated in Rule 61K1-3.001, F.A.C. The form can be obtained from the Department of Business and Professional Regulation, Florida Athletic Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.
35. All applicants for a boxing, kickboxing, or mixed martial arts judge license must first be licensed as a trailing judge by the executive director unless otherwise provided in this rule. A trailing judge license authorizes an applicant to unofficially score bouts for evaluation and training purposes under the supervision of the commission, executive director, or designee. Licensure as a trailing judge allows for the evaluation of an applicant’s knowledge, judgment, and ability to perform the duties outlined in this rule prior to the issuance of a judge license and does not authorize the holder to officiate in any official capacity during a sanctioned event.
36. An applicant may be issued a judge license after unofficially scoring a minimum of 100 rounds of boxing or 50 rounds of kickboxing or mixed martial arts in this state for a minimum of 12 months as a trailing judge and demonstrating during this period that he or she has the ability to perform the duties outlined in this rule. (b) Officials from jurisdictions outside this state may be licensed by the executive director upon demonstrating an ability to perform the duties outlined in this rule. The official’s record and ability shall be verified by the executive director prior to licensure. (c) The executive director shall limit to three the number of trailing judges at each event. The commission will make arrangements for trailing judges to enter the premises of assigned programs of matches free of charge and have an appropriate seat from which to judge the contests. Travel and other expenses of the trailing judge shall be borne solely by the trailing judge. Trailing judges must present their scorecards to the commission representative prior to the announcement of the result by the announcer and all contests within one program of matches must be judged by the trailing judge in order for any contest within that program of matches to be included in the trailing judge’s statistical record. (3) Duties. (a) The number of judges shall be assigned in accordance with these rules and Section 548.057(9), F.S. In the event that sufficient judges are not available, a referee shall be selected to act as a judge for that specific program of matches. (b) No match shall begin or continue unless the appropriate number of judges, according to these rules, are in their designated seats.
37. For boxing, there shall be three judges.
38. For kickboxing, there shall be three judges for scoring and two judges for kick counts, if so required.
39. For mixed martial arts, the appropriate number of judges will be contingent upon the conditions of the match approved by the commission for each particular event. (c) It shall be the duty of each judge to:
40. Be fully informed of and conversant with the rules, regulations, standards, guidelines and policies of Chapter 548, F.S., the rules set forth herein, with particular attention given to Rule 61K1-3.033, F.A.C., of these rules;
41. Observe carefully at all times during the match the performance of the participants;
42. Appraise such performance fairly, accurately and expertly using Chapter 548, F.S., and the rules set forth herein;
43. Inscribe the result of such appraisal after each round on the round score card or match score card, whichever is appropriate, according to the scoring system adopted herein; and,
44. Complete and sign the round or match score card and deliver it to the referee, executive director or commission representative at the conclusion of each round. (d) Judges who are officially scoring a match shall utilize Form BPR-0009-459, entitled “Round Score Card,” (06/23) incorporated herein by reference which may be obtained from the Commission office or http://www.flrules.org/Gateway/reference.asp?No=Ref-17236, and Form BPR-0009-457, entitled “Official Scorecard,” (06/23), incorporated herein by reference, which may be obtained from the Commission office or http://www.flrules.org/Gateway/reference.asp?No=Ref-17235. The forms can be obtained from the Department of Business and Professional Regulation, Florida Athletic Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.017, 548.056, 548.057 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.13, Amended 4-6-89, 5-13-90, 1-9-91, Formerly 7F-1.013, Amended 9-10-95, 4-3-00, 6-21-04, 12-6-10, Formerly 61K1-1.013, Amended 10-14-18, 1-2-25, 9-7-26. 61K1-3.009 Announcer; License and Duties. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.057 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.16, Amended 4-6-89, 1-9-91, Formerly 7F-1.016, Amended 9-10-95, 6-21-04, Formerly 61K1-1.016, Repealed 10-25-20. 61K1-3.010 Timekeeper or Knockdown Timekeeper; License and Duties. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.057 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.17, Amended 4-6-89, 8-28-89, 1-1-90, 1-9-91, Formerly 7F-1.017, Amended 9-10-95, 4-3-00, 6-1-04, Formerly 61K1-1.017, Repealed 10-25-20. 61K1-3.011 Second; License and Duties. (1) License. (a) No person shall act as a second for a participant in any match held in Florida without first having obtained a second license except that a licensed manager may be designated as one of his participant’s seconds. (b) No second shall have any financial or pecuniary interest in the opponent of his participant. (c) No second shall also be licensed as a judge, physician, promoter or referee and shall not act as a judge, physician, promoter or referee. (d) No licensed second shall act as a second in any boxing, mixed martial arts or kickboxing match in this state unless the match is sanctioned by the commission. (2) Duties. (a) Each participant shall be allowed no more than three seconds, one of whom shall be designated the chief second, provided however that in the case of a championship match, each participant shall be allowed no more than four seconds. The chief second shall be in charge of the participant’s corner and be responsible for the conduct of all seconds, and shall be held responsible for any violation committed by any second. (b) The chief second of any participant shall have with him at the ringside the following articles:
45. One pair of scissors;
46. One towel;
47. One clean water bucket;
48. One container of drinking water;
49. The necessary tape and bandages; and,
50. Proper caustics as provided in Rule 61K1-3.017, F.A.C., of these rules to stop bleeding of minor cuts and lacerations. (c) First aid and other ring equipment of a second shall in all cases and at all times before, during, and after use, be available for inspection by the physician, inspector, and the commission representative. The commission representative’s decision shall be final as to the propriety of its use. (d) Seconds may verbally coach a participant during a round. A second shall not use profanity or inappropriate language or excessively coach his or her participant. The executive director or commission representative shall determine whether a second’s coaching is excessive, inappropriate, disruptive, or otherwise, unbefitting a sportsman. A second attempting by word or action, to heckle or annoy his or her participant’s opponent or any official is strictly prohibited. Seconds shall remain seated in place during the fight period of any round and shall not knock or pound on the ring floor or apron. (e) No second shall attempt to render aid to a participant who has been counted out during the course of a match before the physician has examined the participant. (f) If any second steps up onto the ring apron during any fight period of any match unless ordered to do so by the referee, the participant for whom that second is performing as a second shall be immediately determined as the losing participant and the opponent shall be declared the winner by technical knockout, unless the executive director or commission representative at ringside determines the act was done to avoid the fighter losing by knockout, in which case the executive director or commission representative may order the result be announced and recorded as a knockout and administer the appropriate suspension accordingly. (g) The excessive or undue spraying of water on any fighter between rounds is prohibited. (h) Only one second shall be allowed in the ring. No second shall enter the ring until the timekeeper has indicated the end of a round. He shall leave the ring at the sound of the timekeeper’s whistle indicating the beginning of the next round is imminent. Prior to the beginning of each round, the entire ring platform and ropes shall be cleared of all obstructions, including buckets, stools, towels, and other articles; and none of these articles shall again be placed on the ring platform until the bell has sounded indicating the end of the round. (i) No second shall approach any other person and either verbally abuse, harass or threaten, or physically abuse, harass, threaten or touch such person. A second who violates this rule shall be immediately ejected from the premises and shall be automatically banned from any involvement with boxing, mixed martial arts or kickboxing in this state unless the commission decides otherwise. Rulemaking Authority 548.003 FS. Law Implemented 548.002, 548.003(2), 548.017, 548.056 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.18, Amended 4-6-89, 1-1-90, 1-9-91, Formerly 7F-1.018, Amended 9-10-95, 4-3-00, 6-1-04, Formerly 61K1-1.018, Amended 12-5-24. 61K1-3.012 Referee; License and Duties. (1) License. (a) No person shall act as a referee in a match held in Florida without first having obtained a referee license. (b) If, during the course of a match, the referee receives an injury or is unable to continue acting in his capacity as referee, the commission representative shall:
51. Select another qualified person to act as referee for the remainder of the match and program of matches; or
52. If no qualified person is available, cancel the remainder of the match and program of matches. (c) No person who has financial or pecuniary interest in any participant shall be granted a referee license. (d) No referee shall also be licensed as a booking agent, manager, matchmaker, participant, representative of a booking agent, second or trainer and shall not act as a booking agent, manager, matchmaker, participant, representative of a booking agent, second or trainer. (e) No referee licensed in this state shall act as a referee at any boxing, mixed martial arts or kickboxing match in a state without a state boxing commission or similar governmental authority unless the match is supervised by a state boxing commission or similar governmental authority. (f) No referee shall also serve as a supervisor or serve on the ratings committee or recommend boxers to the ratings committee for a sanctioning body. The applicant must have a demonstrated record and evidence that he/she has the ability to perform the duties outlined below. (2) Applicants for a professional referee’s license will be reviewed, evaluated and processed in the following manner: (a) Any person desiring to become licensed for the first time as a professional boxing kickboxing, or mixed martial arts referee shall submit to the commission the appropriate application using Form BPR-0009-450, entitled “Application for License” (06/23), which is incorporated in Rule 61K1-3.001, F.A.C. The form can be obtained from the Department of Business and Professional Regulation, Florida Athletic Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.
53. All applicants for a boxing, kickboxing, or mixed martial arts referee license must first be licensed as a trailing referee by the executive director unless otherwise provided in this rule. Licensure as a trailing referee allows for the evaluation of an applicant’s knowledge, judgment, and ability to perform the duties outlined in this rule prior to the issuance of a referee license and does not authorize the holder to officiate in any official capacity during a sanctioned event.
54. Applicants for a referee license will be permitted to attend assigned programs of matches as a trailing referee at the discretion of the executive director for observation purposes. In making trailing referee assignments, the executive director shall be cognizant of the relative importance of the match, the number of scheduled rounds and any other factors that may contribute to a difficult set of circumstances for a referee early in his or her career.
55. The commission will make arrangements for trailing referees to enter the premises of assigned programs of matches free of charge. Travel and other expenses will be borne solely by the trailing referee.
56. An applicant may be issued a referee license after serving as a trailing referee for a minimum of 12 months and demonstrating during this period that he or she has the ability to perform the duties outlined in this rule. (b) Officials from jurisdictions outside this state may be licensed by the executive director upon demonstrating an ability to perform the duties outlined in this rule. The official’s record and ability shall be verified by the executive director prior to licensure. (3) Duties. (a) A referee shall submit to an annual physical examination to establish physical fitness. The result of this examination shall be filed with the commission. The executive director or commission representative may require the referee to be examined by a physician immediately prior to officiating a match at his discretion. (b) Prior to the beginning of each match, and periodically for the duration of the match, the referee shall examine the participants’ gloves, equipment, and person to ensure that no unsafe or improper condition exists. In boxing and kickboxing, before allowing a match to continue after a participant has been knocked down, the referee shall wipe clean the surface of the gloves of the participant who was knocked down. (c) When a participant receives an injury which the referee believes may incapacitate the participant, the referee shall call time out and consult with the physician as to the advisability of allowing the match to continue. No person shall attempt to render aid to or move a participant other than what may be required to move the participant inside the ropes or to remove the mouthpiece of a participant who has been counted out during the course of a match before the physician has examined the participant. However, the referee shall remove the participant’s mouthpiece. (d) The referee shall have the authority to:
57. Terminate a match at any time when the referee determines that one of the participants has such superior skills or ability as to make such match unreasonably dangerous to the other participant and shall be recorded as a technical knockout;
58. Disqualify a participant who commits an intentional foul and award the decision to the opponent;
59. Terminate a match and disqualify either or both participants if the referee determines that either or both participants are not competing in earnest;
60. Terminate a match if either participant has been injured and is in such condition that to continue the match might subject the participant to a debilitating or life threatening injury;
61. Temporarily or permanently halt a match if the referee believes that a significant health hazard exists, when such hazard could reasonably be anticipated to create a significant danger to the participants or the public; and,
62. Enforce discipline and the rules, as set forth herein, pertaining to the conduct and behavior of participants, managers, trainers, and seconds. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.017, 548.056, 548.057 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.19, Amended 4-6-89, 1-1-90, 1-9-91, Formerly 7F-1.019, Amended 9-10-95, 4-3-00, 6-1-04, Formerly 61K1-1.019, Amended 9-7-26. 61K1-3.013 Trainer; License and Conduct. (1) License. (a) No person shall act as a trainer for any participant without having first obtained a trainer license. (b) No trainer shall have financial or pecuniary interest in an opponent of his participant. (c) No trainer shall also be licensed as a judge, referee, physician or promoter and shall not act as a judge, referee, physician or promoter. (d) No licensed trainer shall act as a trainer in any boxing, mixed martial arts or kickboxing match in this state unless the match is sanctioned by the commission. (2) Conduct. (a) The trainer shall prepare the participant for the match in which he is to engage and shall provide information and direction so as to ensure that the participant is in good physical condition and is prepared to utilize and display his skills to the best of his ability. (b) A trainer may verbally coach a participant during a round. A trainer shall not use profanity or inappropriate language or excessively coach his or her participant while working in the corner. The executive director or commission representative shall determine whether a trainer’s coaching or behavior is excessive, inappropriate, disruptive, or otherwise, unbefitting a sportsman. A trainer attempting by word or action to heckle or annoy his or her participant’s opponent. A trainer shall not use profanity or inappropriate language or excessively coach his or her participant while working in the corner. The executive director or commission representative shall determine whether a trainer’s coaching or behavior is excessive, inappropriate, disruptive, or otherwise, unbefitting a sportsman. A trainer attempting by word or action, to heckle or annoy his or her participant’s opponent or any official is strictly prohibited. (c) A trainer shall not enter the corner or the ring or fenced area at any time during the match and shall remain seated in place during the fight period of any round and shall not knock or pound on the ring floor or apron. (d) If any trainer steps up onto the apron during any match, the participant for whom the trainer is performing as a trainer shall be immediately determined as the losing and the opponent shall be declared the winner by technical knockout. (e) No trainer shall approach any other person and either verbally abuse harass or threaten, or physically abuse, harass, threaten or touch such person. A trainer who violates this rule shall be immediately ejected from the premises and shall be automatically suspended until a final determination is made by the commission. (f) Upon the proposal of a professional debut participant, the trainer may be required to certify to the commission that the professional debut participant is physically competent and possesses the skills of a trained participant including, but not limited to:
63. Competence in the elements of offense and defense;
64. Clean hitting;
65. Ring generalship; and,
66. Physical stamina to fight at least the minimum number of scheduled rounds and duration. (g) Professional debut certification shall be made to the executive director or commission representative prior to or at the time of the weigh-in by completing and signing Form BPR-0009-480 the Pro Debut Information Sheet as incorporated by reference in Rule 61K1-3.001, F.A.C. (h) A trainer shall be issued a citation for the first occurrence if the professional debut participant is not able to demonstrate the competence and skills listed above. (i) A trainer shall be issued a citation and fined the trainer’s share of the purse for the second occurrence if the professional debut participant is not able to demonstrate the competence and skills listed above. (j) A trainer’s license may be suspended or revoked for the third occurrence and beyond. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.017, 548.056 FS. History–New 4-6-89, Amended 1-9-91, Formerly 7F-1.023, Amended 9-10-95, 4-3-00, 6-1-04, Formerly 61K1-1.023, Amended 12-5-24. 61K1-3.015 Insurance. (1) Each participant in a match held in Florida shall be covered by insurance for medical, surgical and hospital care for injuries sustained while engaged in a match as described in Section 548.049, F.S. Said coverage shall be for an amount not less than $20,000 for each participant. In addition, each participant shall have life insurance for an amount not less than $20,000 covering death caused by injuries received while engaged in a match. (2) The promoter of a program of matches shall be responsible for providing evidence of the insurance coverage described above and filing with the commission written evidence of insurance no later than the weigh-in. Such evidence of insurance shall specify, at a minimum, the name of the insurance company, the insurance policy number, the effective date of the coverage and evidence that each participant is covered by the insurance. (3) If, at the time of weigh-in, the promoter fails to provide evidence of insurance as required above, the permit shall not be issued or, if issued, shall be suspended and the program of matches shall be cancelled. (4) The promoter for a program of matches shall be responsible for any deductible associated with the insurance policies described in subsection (1) of this section, and shall not be the responsibility of nor paid by or charged to the participant. Rulemaking Authority 548.003 FS. Law Implemented 548.049 FS. History–New 10-16-88, Amended 8-28-89, Formerly 7F-1.0035, Amended 4-3-00, 6-1-04, Formerly 61K1-1.0035. 61K1-3.016 Pre-Match Physical of Participant and Referee. (1) Each participant shall, at the time of the weigh-in, be examined by a physician as defined by Section 548.002(18), F.S. The physician shall certify in writing the participant’s physical condition and a professional assessment as to whether or not the participant may engage in the match. The physician shall, prior to the match, file with the commission representative a written report of the medical examination of the participant, which report shall state whether or not, in the opinion of the physician, the participant is physically fit to engage in the match. No participant shall be permitted to engage in a match unless he or she has been examined and pronounced fit to do so by a physician. (2) Physicians shall have a suitable place or room in which to make their examinations prior to each match. (3) The examination given all participants shall include the following: (a) Temperature; (b) Pulse; sitting, standing and running; (c) Lungs; (d) Heart; (e) Blood pressure; (f) Vision; (g) Weight; (h) Skin. (4) No participant shall be allowed to engage in any match if any of the following conditions are found by the physician: (a) Inguinal and/or abdominal hernia; (b) Organic heart murmurs; (c) Active pulmonary lesions; (d) Abnormal temperature as determined by the physician; (e) Blood pressure over 140/90 mmHg. If the systolic pressure is above 140, the physician shall take the participant’s blood pressure again either within twenty (20) minutes or on the day of the matches. Amateurs may fight with a systolic pressure over 140, at the discretion of the physician; (f) Active infectious communicable disease, including skin lesions, such as boils or infected wounds, as well as any other bacterial, viral, fungal, and/or mycobacterial communicable diseases, including tuberculosis; (g) Recent wounds, especially on face and ears; (h) Hand injury and/or fracture(s) less than 6 weeks old, if, in the physician’s opinion, the injury would be detrimental to the participant’s health or ability to effectively compete or exhibit; (i) Reason to believe that the participant is using or is under the influence of a prohibited substance contained within Rule 61K1-3.017, F.A.C. (j) Dental abscess or loose tooth or teeth; (k) Ophthalmological problem(s) including:
67. Retinopathy or detached retina; provided however, that the applicant shall be permitted to participate in a match if the participant provides, at or before the weigh-in, the written statement of a licensed ophthalmologist stating that the participant’s retina is completely healed and that in the ophthalmologist’s expert medical opinion, no unusual or extraordinary risk to the participant is anticipated as a result of the retinopathy or a previously detached retina;
68. Solitary eye;
69. Blindness defined as central visual acuity of 20/200 or less in the best eye with the best possible correction, and/or a visual field of 20 degrees or less. (l) History of epilepsy or seizures, provided however, that the applicant shall be permitted to participate in a match if the participant provides, at or before the weigh-in, the written statement of a neurologist stating that the epilepsy or seizure disorder is well-controlled and that in the neurologist’s expert medical opinion, no unusual or extraordinary risk to the participant is anticipated as a result of the epilepsy or seizure disorder; (m) History of kidney problems, including solitary kidney; provided however, that the applicant shall be permitted to participate in a match if the participant provides, at or before the weigh-in, the written statement of a licensed nephrologist stating that the kidney problem is resolved and that in the nephrologist’s expert medical opinion, no unusual or extraordinary risk to the participant is anticipated as a result of the resolved kidney problem and/or solitary kidney; (n) History of blood clotting disorders or abnormal bleeding, including hemophilia and Von Willebrand disease; provided however, that the applicant shall be permitted to participate in a match if the participant provides, at or before the weigh-in, the written statement of a hematologist stating that the bleeding problem is well controlled and that in the hematologist’s expert medical opinion, no unusual or extraordinary risk to the participant is anticipated as a result of the bleeding disorder; (o) Altered gait or balance, or (p) History of any abnormality in a computerized axial tomography (CAT) scan, electroencephalogram (EEG), electrocardiogram (EKG), magnetic resonance imaging (MRI) scan, or other similar medical tests. (5) Each participant shall be required to submit to any additional medical examination or test ordered by the executive director or his or her designee, or the commission. Such medical examination or test must be original or a certified copy of the results which were performed by a physician as defined by Section 548.002(18), F.S., or laboratory no earlier than 30 days before the date on which the results are presented to the commission, its executive director or his or her designee. (6) All participants with cuts and abrasions that require dressing, bandages, or Band-Aids must be approved to fight by the physician prior to being cleared to participate. (7) Female participants shall not participate if any of the following conditions are identified by the physician during the pre-match physical: (a) Pelvic disease states such as symptomatic endometriosis; (b) Abnormal vaginal bleeding; (c) Recent secondary amenorrhea of undetermined cause; (d) Recent breast bleeding; (e) Recently discovered breast masses; (f) A positive pregnancy test, conducted at the time of the pre-match physical examination. (8) The pre-match physical examination shall be documented on Form BPR-0009-455, “BOXING/KICKBOXING/MIXED MARTIAL ARTS-PARTICIPANT MEDICAL HISTORY” as incorporated by reference in Rule 61K1-3.002, F.A.C., and which shall be completed by the participant and the physician conducting the weigh-in. Any participant who refuses to complete this form shall not be allowed to engage in any match in Florida. (9) Participation in subsequent matches: (a) Any participant who is suspended and issued Form BPR-0009-478, “Order of Automatic Suspension,” (06/23), adopted and incorporated herein by reference, which may be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-17238, by the executive director, or any similar suspension issued by any other jurisdiction shall not participate until cleared by a physician as defined by Section 548.002(18), F.S. A physician may extend a medical suspension any time he or she believes it to be in the best interest for the safety of a participant. In all cases, the decision by the physician at the pre-match physical to issue or extend a medical suspension is final and not reviewable; (b) Participants shall receive a mandatory seven-day rest period after competing in a match. Day 1 of the mandatory rest period shall commence on the first day following the event. (10) No biological male participant shall be allowed to engage in any match against a biologically female participant. A participant’s status as a biological male or biological female is determined by the participant’s sex at birth. (11) All medical information provided to the commission directly shall not be released to any individual or entity without prior disclosure to the participants and only for the express purpose of determining the ability to participate in a match. Such medical information may be released to physicians or representatives of the commission or the commission office. Participants shall sign Form DBPR FSBC 20, “Pre-Licensure Physical Sheet,” effective September 2015, as a release to permit the commission to release the medical information to the necessary individuals prior to the match for the express purpose of determining fitness to participate in a match. (12) Participants who have had prior pertinent medical conditions identified by their physician on Form DBPR FSBC 20, “Pre-Licensure Physical Sheet,” September 2015, may not participate in a match until the participant has been cleared by a physician. If the commission office determines that the participant’s health or his or her opponent’s health is at risk due to the preexisting medical condition, the commission office shall refuse to permit the participant to participate. The commission office may request additional medical tests to determine whether a preexisting medical condition is a threat to the participant or his or her opponent. (13) Whenever a participant is unable due to illness or injuries to take part in a match for which he is under contract, he (or his manager) shall immediately report that fact to the commission, and the participant shall be required to submit to an examination by a physician designated by the commission prior to future participation in matches in the State of Florida. (14) The executive director or his or her designee shall, on medical advice, require that a referee undergo a physical examination prior to acting as a referee in any match. (15) If at any time prior to the match, evidence is revealed that indicates that the match may be unusually adverse to the health of a participant or referee, the executive director or his or her designee shall order a medical examination to be given to the participant or referee, the report of which examination shall be made to the executive director or his or her designee. Rulemaking Authority 548.003, 548.041(1)(c), 548.046(2) FS. Law Implemented 548.041(1)(c), 548.046(1), 548.046(2) FS. History–New 4-17-17, Amended 10-24-22, 12-5-24. 61K1-3.0165 Weigh-In. (1) If, at the time of the official weigh-in, the weight of any participant in a match fails to meet the weight parameters of the rules set forth herein, the participant shall have 1 additional hour to meet such weight parameters. (2) A participant is not permitted to lose more than 3 percent of the initial body weight as recorded by the commission during the one additional hour established in subsection (1), above. (3) At the time of weigh-in, each participant in a match shall be required to obtain from or provide to the executive director or his or her designee for inspection a federal identification card issued by the Association of Boxing Commissions (ABC). Participants shall not be allowed to participate without providing the federal identification card. Rulemaking Authority 548.003 FS. Law Implemented 548.043 548.075 FS. History–New 8-5-15. 61K1-3.017 Drugs and Foreign Substances. (1) For purposes of Section 548.046, F.S., Prohibited Substances shall include all substances set forth by the World Anti-Doping Agency (WADA) World Anti-Doping Code International Standard Prohibited List, effective January 1, 2024, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16608. The presence of a prohibited substance in a urine sample is not a violation if the quantity of the prohibited substance does not exceed the threshold established in Decision Limits for the Confirmatory Quantification of Exogenous Threshold Substances by Chromatography-Based Analytical Methods, WADA Technical Document TD2022DL, effective January 1, 2022, published by the World Anti-Doping Agency, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-16609. The materials incorporated by reference herein can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Florida Athletic Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1016. (2) The following drugs or foreign substances may be used by participants under the conditions described herein: (a) The discretional use of petroleum jelly shall be allowed around the eyes. However, the use of petroleum jelly on the arms, legs and body of a participant is prohibited. (b) The discretional use of Thrombin or a 1/1000 solution of Adrenalin and Avitene, or their generic equivalents, as approved by the physician, shall be allowed between rounds to stop bleeding of minor cuts and lacerations sustained by a participant. (3) Notwithstanding subsection one (1) of this rule, cannabinoids are not prohibited substances. Rulemaking Authority 548.003, 548.046(3)(d) FS. Law Implemented 548.041, 548.046, 548.071, 548.075 FS. History–New 12-10-15, Amended 8-15-19, 11-21-21, 5-29-24. 61K1-3.018 Emergency Equipment, Other Equipment and Services. (1) Emergency Medical Equipment and Services. (a) It shall be the responsibility of the promoter to provide the following at each match:
70. A portable resuscitator with all additional equipment necessary for its operation;
71. An ambulance shall be on site, with two paramedics or one paramedic and one Emergency Medical Technician (EMT), with at least one paramedic stationed ringside during the match. If a participant needs to be transported via ambulance to the hospital, another ambulance with two paramedics or one paramedic and one Emergency Medical Technician must arrive before the match can continue;
72. A clean backboard and clean blanket, to be located along with the ambulance attendants, located ringside;
73. A minimum of two (2) commission-approved physicians with seats at the immediate ringside of all matches.
    1. The physician shall not leave the premises until after the final match has been conducted, all participants participating have been cleared by the physician(s), and the executive director or commission representative has cleared the physician to leave.
    2. Physicians shall assist if any serious medical emergency shall arise, and shall render temporary or emergency treatments for injuries sustained by the participants and/or referee.
74. Three (3) portable oxygen supplies.
    1. One portable oxygen supply shall be in each dressing room or locker room used by the participants;
    2. One portable oxygen supply shall be immediately accessible to the ringside physician.
75. A replacement ambulance and medical personnel at the venue prior to the continuation of any matches if the original ambulance and medical personnel has left the premises to transport a participant or any other individual to the hospital. (b) No match shall begin or continue unless such equipment and personnel are on the premises in a state of readiness and in a pre-designated readily accessible location known to the referee, physicians and the executive director or commission representative. (2) Other Equipment and Services. (a) It shall be the responsibility of the promoter to have available at all times during a program of matches a person or persons capable of making emergency repairs, corrections and adjustments to the ring, lights, portable resuscitator, portable oxygen supplies and any other necessary equipment and fixtures required to be operational during the program. (b) The promoter shall supply the following items which shall be in good working order and available for use as needed:
76. A public address system;
77. Chairs, properly located in accordance with the floor plan and elevated to allow for unobstructed view as detailed in Rule 61K1-3.019, F.A.C.;
78. Five stools or chairs, a clean water bucket and a clean water container for drinking purposes for each participant’s corner;
79. A spit bucket and three clean towels per corner; and,
80. A complete set of numbered round cards, which shall be of such size as to make them clearly legible from all parts of the arena. (c) The promoter shall ensure that all food and beverages are dispensed in paper or plastic plates or cups and that only plastic utensils are provided to individuals intending or allowed to enter the arena area. The serving of food or beverages in cans, glass bottles or plates, or the use of metal utensils is prohibited. This requirement is not applicable to skybox or other premium seating areas that are considered separate areas from the arena area. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2) FS. History–New 11-26-15. 61K1-3.019 Arena Equipment; Ring Requirements; Floor Plan and Apron Seating. (1) Boxing, Kickboxing, and Mixed Martial Arts Ring Requirements. (a) The ring shall be not less than 18ꞌ feet nor more than 22ꞌ feet square inside the ropes. (b) The ring floor or apron shall extend beyond the ropes not less than 18 inches. (c) The ring shall be formed of four posts and at least four ropes for boxing and kickboxing. For MMA, the lowest rope shall not exceed more than 12ꞌꞌ inches from the next rope. The ropes shall extend in parallel lines 18, 30, 42, and 54 inches in height above the ring floor. The top three ropes shall be not less than 1 inch in diameter. The lowest rope must be no higher than six (6ꞌꞌ) inches from the ring floor. All ropes shall be wrapped in velvet or other similarly soft material. Ropes shall be properly adjusted and sufficiently taut to inhibit the participant from falling between the ropes. An additional tie rope shall be centered on all four sides of the ring surrounding the ring ropes to prevent excessive separation of the ring ropes. (d) Ring posts shall be not less than 3ꞌꞌ inches in diameter and shall extend from the floor of the ring to a height of no more than 58ꞌꞌ inches. (e) The ring platform shall not be more than 4ꞌ feet above the surrounding floor and shall be provided with steps for use of the participant in each participant’s corner. Steps shall also be provided in a neutral corner for use by the announcer, referee, round card carrier and physicians. (f) The ring platform shall not be less than twelve (12ꞌ) feet below the ceiling. (g) The ring floor, both inside and outside the ropes, shall be padded to a thickness of at least 1ꞌꞌ inch and the padding shall consist of a soft material such as “Ensolite Ring Pad” or similar closed-cell foam material applied over a 1ꞌꞌ-inch base of “Celotex building board No 2,” or a material which has similar impact absorbing characteristics. There shall be a top covering of canvas, duck, or equivalent material tightly stretched and laced to the ring platform. (h) If the match or program of matches is being held outdoors, the ring, apron and seating for all officials shall be protected from inclement weather by use of a heavy duty weatherproof tarpaulin or cover of similar material. The covering shall be erected in such a manner as to ensure that the ring, apron and seating do not become wet. Under no circumstances will the referee or the executive director’s designee allow a match to continue if the condition of the ring floor deteriorates such that its condition poses a hazard to the participants or the referee. (i) Ring posts must be properly padded in a manner approved by the commission. (j) The ropes of the rings shall be no less than six (6ꞌ) feet from the nearest row of the audience. (2) Kickboxing and Martial Arts Fenced Area Requirements. (a) The fenced area shall not be less than 18ꞌ feet wide nor more than 32ꞌ feet wide inside the fencing. (b) The fenced area within the fencing must be padded with “Ensolite” or similar closed-cell foam with at least a 1ꞌꞌ inch layer of foam padding. (c) The fenced area padding must be covered with canvas, duck or similar material tightly stretched and laced to the platform. Any covering that is slippery, tends to gather in lumps or ridges or is otherwise deemed by the commission as unsafe will not be allowed. (d) The fenced area platform must not be more than 4ꞌ feet above the surrounding floor and shall be provided with steps for use of the participants. In addition to the participants’ steps, a neutral set of steps shall also be provided for use by the announcer, referee, round card carrier and physicians. (e) Ring posts shall be made of metal with dimensions of not less than 3ꞌꞌ inches nor more than 6ꞌꞌ inches in diameter and shall extend from the floor of the building to a height of no less than 60ꞌꞌ inches nor more than 84ꞌꞌ inches above the floor of the fenced area. Ring posts must be properly padded in a manner approved by the commission. Ring posts must be padded with “Ensolite” or similar closed-cell foam with at least a 1ꞌꞌ inch layer of foam padding. (f) Fencing must be made of a material that will prevent a participant from falling out of the fenced area or breaking through the fenced area onto the floor of the building or onto the spectators, including, without limitation, chain link fence coated with vinyl. (g) Any metal portion of the fenced area must be covered and padded with “Ensolite” or similar closed-cell foam with at least a 1ꞌꞌ inch layer of foam padding in a manner approved by the commission. (h) When the fenced area is comprised of panels of fencing, structural metal tubing or pipes used to support the fencing is permissible if located along the exterior of the fencing. No metal tubing or pipes are permitted within the fenced area. (i) The fence surrounding the fenced area in which the participants are competing shall be kept free of all obstruction. (j) Each door must be secured by a latch and pin mechanism or another approved dual locking system. (3) Other Fight Mediums for Kickboxing and Mixed Martial Arts. (a) A floor plan other than a ring as described in subsection (1) above, or an enclosure other than a fenced area as described in subsection (2) above, may be proposed to the commission at least 45 days prior to the proposed date of the live event. At a minimum, detailed specifications regarding dimensions and materials used must be provided to the executive director. Any other information, including but not limited to video footage, requested by the executive director or his or her designee must be provided no later than 30 days prior to the proposed date of the live event. (b) Proposals are subject to approval by the executive director or his or her designee. (4) Boxing, Kickboxing, and Mixed Martial Arts Floor Plan and Apron Seating. (a) The executive director or his or her designee shall determine the seating arrangements and space requirements for each location at which a match or program of matches is to be held and shall advise the promoter of the floor plan to be used. (b) The executive director or his or her designee shall designate seating at the ring apron as provided in these rules. Ring apron seating on all four sides of the ring shall be exclusively controlled by the commission and no person shall be permitted to be seated or have access to the apron without the approval of the executive director or his or her designee. The executive director or his or her designee may designate some apron seating for use by the promoter provided however that such use does not interfere with any of the officials or commission representatives seated at the ring apron. Alcoholic beverages shall not be consumed by anyone seated at the ring apron. The following seating shall be provided at the ring apron for all matches:
81. The appropriate number of seats for judges arranged to allow them a clear and unobstructed view of the ring or fenced area and its floor;
82. A seat for the timekeeper shall be located in a neutral position so that the timekeeper has access to a power outlet and the timekeeper and the referee shall have visual contact at all times during the match and that the timekeeper shall have immediate and unobstructed access to the bell;
83. A seat for the knockdown timekeeper shall be located in a neutral position, adjacent to the timekeeper so that the knockdown timekeeper and the timekeeper and referee shall have visual contact at all times during the match and that the knockdown timekeeper shall have immediate and unobstructed access to the instrument being used for the knockdown count;
84. Seats for the executive director or his or her designee, and each commissioner present shall be located so that the executive director or his or her designee, and the commissioners shall have a clear and unobstructed view of the ring, ring floor, referee, and timekeeper;
85. A seat for each physician shall be located adjacent to each participant’s corner in such location so that each physician shall have a clear and unobstructed view of the ring, ring floor, the participant’s corner, and the referee. If a fenced area is used, the physicians shall be seated at the door where the participants enter and exit. (c) No match shall begin or continue unless three judges, the timekeeper, knockdown timekeeper, and at least one physician are located in their designated seats, and the referee is in the ring. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2) FS. History–New 12-2-15, Amended 10-25-20. 61K1-3.020 Post-Match Physical Requirements; Suspensions. (1) A Ringside physician may issue a medical suspension any time he/she believes it to be in the best interest for the safety of a participant. (2) As a result of injuries or suspected injuries sustained or suspected to have been sustained in any match, the commission representative shall order a medical examination to be given to any participant or referee at any time, if the commission representative has cause to believe that the health or safety of the participant or referee is in jeopardy. (3) Whenever a knockout occurs in any match, the ringside physician shall examine the knocked out participant at the time of the knockout and in the dressing room immediately after the match. (4) In the event of a knockout or other serious injury, the ringside physician shall remain on the premises to provide medical attention as needed. (5) When the ringside physician is satisfied that the injured or knocked out participant has recovered to the extent that the ringside physician releases the participant from the ringside physician’s care, the ringside physician shall, prior to releasing the participant, advise and discuss with the participant potential symptoms and signs associated with the injury or knockout which would indicate the need to seek immediate medical attention. (6) The ringside physician shall give to the injured participant BPR-0009-455, “BOXING/KICKBOXING/MIXED MARTIAL ARTS-PARTICIPANT MEDICAL HISTORY” as incorporated by reference in Rule 61K1-3.002, F.A.C. (7) When a participant is suspended under this rule, the ringside physician who performs the post-match physical examination shall complete Form BPR-0009-478, “Order of Automatic Suspension,” which is incorporated by reference at Rule 61K1-3.016, F.A.C. The order shall be signed by the executive director or by the representative of the executive director. A copy of the “Order of Automatic Suspension” shall be provided to the participant, and the commission representative. Rulemaking Authority 548.003 FS. Law Implemented 548.041, 548.046 FS. History–New 12-2-15, Amended 12-5-24. 61K1-3.021 Professional Post-Match Reports Required to be Filed; Penalty for Late Filing. (1) The promoter shall retain a copy of a written statement showing the distribution of the purse, which statement shall include each item of receipt and each expenditure or deduction, certified by the promoter to be correct, with receipted vouchers for all expenditures and deductions for a period of five (5) years and shall provide such copy to the commission if requested to do so. (2) The manager shall retain a copy of the manager’s statement of distribution of the purse to the participant, certified by the manager to be correct, with receipted vouchers for all expenditures and deductions for a period of five (5) years and shall provide such copy to the commission if requested to do so. (3)(a) Following a program of matches held in Florida, the promoter shall file with the commission as required by Section 548.06, F.S., a written report of gross receipts on Form BPR-0009-453, “Post Event Tax Report for Live Event,” effective (06/23), adopted and incorporated herein by reference, which can be obtained at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html or at http://www.flrules.org/Gateway/reference.asp?No=Ref-17239. (b) The report shall be accompanied by a ticket manifest prepared by an independent ticket distributer. The promoter shall provide the commission with ticket stubs if a ticket manifest is not available, (c) The Commission shall have the power to audit at all reasonable hours, at any promoter’s office, for the purpose of determining if any of the provisions of Section 548.06, F.S., or this rule, are being violated. The Commission may perform the audit upon receipt by the promoter of a written request from the Commission. The request shall specify a reasonable time and place of performing the audit. During the audit, the Commission may inspect and copy any records in the promoter’s possession that relate to the written report of gross receipts. In lieu of in-person audit and upon approval by the Commission, the promoter may provide the requested records to the Commission by regular mail or electronic transmission. (d) Any inconsistencies revealed by an audit shall be corrected by the promoter within 72 hours after receiving notification by filing with the commission a corrected written report of gross receipts on a new Form BPR-009-453. (4)(a) Failure to file either or both the report and tax payment within the time provided in Section 548.06, F.S., shall result in a daily fine of 10 percent of the amount of the tax payment due or $25, whichever is greater. A fine is calculated based upon the 10 percent of the tax payment due, such fine shall not exceed $5,000. The fine shall accrue the day following the end of the time provided for above and shall continue for each day that either or both the report is not filed or the tax payment remains unpaid. (b) If the report and tax payment filed with the commission is determined to be understated, the fine assessment shall apply to the balance remaining after crediting the tax payment filed. The fine shall start to accrue 72 hours following notice of the underpayment being issued to the promoter responsible for the tax payment. Rulemaking Authority 548.003, 548.06 FS. Law Implemented 548.053, 548.06, 548.075 FS. History–New 8-31-16, Amended 12-5-24. 61K1-3.022 Unprofessional or Unethical Conduct. Unprofessional or unethical conduct, for professional licensees, as described in Section 548.071(4), F.S., shall include: (1) Making misleading, deceptive, untrue, or fraudulent representation related to boxing, kickboxing and mixed martial arts. (2) Misappropriating, misallocating, or mismanaging funds related to boxing, kickboxing and mixed martial arts. (3) Failing to satisfy a civil judgment related to boxing, kickboxing and mixed martial arts. (4) Delegating or contracting the licensee’s duties under Chapter 548, F.S., to an individual not licensed to perform those duties. (5) Falsifying or altering records related to boxing, kickboxing and mixed martial arts. (6) Failing to report in writing to the commission or to the department within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. (7) Impersonating another boxing, kickboxing or mixed martial arts licensee, or permitting another person to use his or her boxing, kickboxing or mixed martial arts license. (8) Testing positive for any drugs listed under Rule 61K1-3.017, F.A.C. (9) Failing to perform any statutory or legal obligation placed upon a licensee. (10) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding. (11) Violating health and safety standards provided by these rules, or permitting other licensees or other individuals to violate health and safety standards as provided by these rules. (12) Refusing access to an event or program, or match, including dressing rooms to any Departmental or commission staff or independent contractors designated by the Department or executive director to attend events or matches. (13) Having a kickboxing, kickboxing or mixed martial arts license, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. (14) Failing to obtain a federal identification card prior to weigh-in. (15) Failing to wear any of the applicable equipment or apparel when competing in a match required by Rules 61K1-3.028, 61K1-3.029, and 61K1-3.030, F.A.C. (16) Failing to be present at or appearing late to the weigh-in. (17) Failing to be present at or appearing late at the program of matches at the time and place designated by the executive director or his or her designee. (18) Failure of a participant to obtain a state participant license prior to weigh-in. (19) Failure of a participant to submit valid medical documentation to the Commission office prior to weigh-in. Medical documentation includes, at a minimum, eye exams, blood work, an EKG, a brain MRI or any other medical report or medical clearance required to participate. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.071 FS. History–New 8-31-16, Amended 11-21-21. 61K1-3.023 Citation Authority. The following violations with accompanying fines and conditions may be disposed of by citation: Violation Fine

Section 548.071(4), F.S.: Unprofessional or unethical conduct. For purposes of this rule, unprofessional or unethical conduct includes.

(1) Failure of a participant to obtain federal identification card prior to weigh-in: $100.00

(2) Possession of improper equipment or apparel; and/or failure to possess the proper equipment or apparel. $50.00

(3) Failure of participant to be present or appearing late to the weigh-in or to the program of matches at the time and place designated by the executive director or his or her designee. First occurance: $50.00 for the first hour and $75.00 thereafter

Second occurance: $75.00 for the first hour and $100.00 thereafter

Third occurance: $100.00. In addition, the participant shall be prohibited from participating in the program of matches.

(4) Failure of a participant to obtain a state participant license prior to weigh-in: $100.00

(5) Failure of a participant to submit medical documentation to the Commission office prior to weigh-in. Medical documentation includes, at a minimum, an ophthalmic examination, laboratory results, EKG, MRI of brain, or any other medical examination or testing required to participate. $100.00

Rulemaking Authority 548.003, 548.075 FS. Law Implemented 548.003(2), 548.075 FS. History–New 12-2-15, Amended 11-21-21. 61K1-3.026 Disciplinary Guidelines. (1) When the commission finds any of the enumerated violations have occurred in disciplinary cases, it shall act in accordance with the guidelines set forth below. The commission shall impose the applicable penalty, unless it finds an aggravating or mitigating circumstance, in which case it may deviate from these disciplinary guidelines; otherwise, said guidelines shall be followed by the commission in imposing disciplinary penalties upon licensees for violation of the noted statutes and rules: (a) Being guilty of violating Chapter 548, F.S., or the rules of the commission (Section 548.071(1), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $500 fine Denial of licensure or $5000 fine and suspension to be followed by a term of probation or revocation.

SECOND OFFENSE $1000 fine and probation Denial of licensure or $5000 fine and suspension to be followed by a term of probation or revocation.

(b) Having commited fraud or deceit in securing any license or permit (Section 548.071(2), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $1000 fine and probation Denial of licensure or $5000 fine and suspension to be followed by a term of probation

SECOND OFFENSE $5000 fine and suspension Denial of licensure or $5000 fine and revocation

(c) Having been convicted of, having pled guilty to, having entered a plea of nolo contendere to, or having been found guity of a crime involving moral turpitude in any jurisdiction within 10 years preceding the suspension or revocation (Section 548.071(3), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $500 fine and probation Denial of licensure or $1000 fine and suspension to be followed by a term of probation

SECOND OFFENSE $1000 fine and suspension Denial of licensure or $5,000 fine and revocation

(d) Being guilty of unprofessional or unethical conduct (Section 548.071(4), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $250 fine Denial of licensure or $5000 fine and suspension to be followed by a term of probation

SECOND OFFENSE $500 fine and probation Denial of licensure or $5000 fine and revocation

(e) Having made a misstatement of a material fact, fraudulently concealed a material fact, or induced or aided another person in misstating or concealing any material fact in any application or other proceeding under Chapter 548, F.S. (Section 548.071(5), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $1000 fine Denial of licensure or $5000 fine and suspension to be followed by a term of probation

SECOND OFFENSE $2000 fine and probation Denial of licensure or $5000 fine and revocation

(f) Having failed to account for or pay over moneys belonging to others which have come into his or her possession in connection with a match (Section 548.071(6), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $1000 fine Denial of licensure or $2000 fine and suspension followed by probation

SECOND OFFENSE $3000 fine and probation Denial of licensure or $5000 fine and revocation

(g) Having failed to furnish to the proper party a copy of any contract or statement required by Chapter 548, F.S., or having breached such contract (Section 548.071(7), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $500 fine Denial of licensure or $500 fine and suspension to be followed by a term of probation

SECOND OFFENSE $1,000 fine and probation Denial of licensure or $1,000 fine and revocation

(h) Having paid or agreed to pay any money or article of value to any licensee or permittee for soliciting or for business secured or for rendering any service or the doing of any of the acts foridden by Chapter 548, F.S., and the rules adopted thereunder (Section 548.071(8), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $1,000 fine Denial of licensure or $3000 fine, and suspension to be followed by a term of probation

SECOND OFFENSE $1,000 fine, and suspension to be followed by a term of probation Denial of licensure and $2,000 fine and revocation

(i) Having loaned his or her license or permit to another person or having borrowed or used the license or permit of another (Section 548.071(9), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $1,000 fine and probation Denial of licensure or $2,000 fine and suspension to be followed by a term of probation

SECOND OFFENSE $3,000 fine and suspension Denial of licensure or $5,000 fine and revocation

(j) Having employed a person who does not hold a license or permit as required by law (Section 548.071(10), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $500 fine Denial of licensure or $1,000 fine and suspension to be followed by a term of probation

SECOND OFFENSE $3,000 fine and probation Denial of licensure or $5,000 fine and revocation

(k) Having failed to maintain in force the bond required by Chapter 548, F.S., or having failed to deposit with the commission the requried cash, check or securities (Section 548.071(11), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $1,000 fine Denial of licensure or $3,000 fine and suspension to be followed by a term of probation

SECOND OFFENSE $3,000 fine and probation Denial of licensure or $5,000 fine and revocation

(l) Having been disciplined by the commission or similar agency or body of any jursidiction (Section 548.071(12), F.S.);

MINIMUM MAXIMUM

FIRST OFFENSE $1,000 fine and same penalty imposed by the other jurisdiction up to $5,000 and revocation Denial of licensure or $5,000 fine and suspension to be followed by a term of probation

SECOND OFFENSE $3,000 fine and same penalty imposed by the other jurisdiction up to $5,000 and revocation Denial of licensure or $5,000 fine and revocation

(m) Having failed to pay a fine imposed under Chapter 548, F.S. (Section 548.071(13), F.S.)

MINIMUM MAXIMUM

FIRST OFFENSE $100 fine Denial of licensure or $3,000 fine and suspension to be followed by a term of probation

SECOND OFFENSE $500 fine and probation Denial of licensure or $5,000 fine and revocation

(2) The commission may impose disciplinary action other than the penalties recommended above not to exceed a $5,000 fine and revocation, based upon consideration of the following factors: (a) Danger to the public; (b) Length of time since date of violation; (c) Number of complaints filed against the licensee; (d) Actual damage, physical or otherwise, caused by the violation; (e) Deterrent effect of the penalty imposed; (f) Effect of the penalty upon the licensee’s or registrant’s livelihood; (g) Any efforts for rehabilitation; (h) Actual knowledge of the licensee or registrant pertaining to the violation; (i) Attempts by licensee or registrant to correct or stop violations or refusal by licensee or registrant to correct or stop violations; (j) Related violations against a licensee or registrant in another state, including findings of guilt or innocence, penalties imposed and penalties served; (k) Actual negligence of the licensee or registrant pertaining to any violations; (3) The provisions of subsections (1) through (2), above, shall not be construed so as to prohibit civil action or criminal prosecution, and the provisions of subsections (1) through (2), above, shall not be construed so as to limit the ability of the commission to enter into binding stipulations with accused parties as per Section 120.57(3), F.S. (4) In every case in which the commission imposes a monetary fine, it shall also suspend the Respondent’s license(s); however, to enable the Respondent to pay the fine, the suspension shall be stayed for the time period specified in the commission’s final order. If the fine is paid within that time period, the suspension shall not take effect; if the fine is not paid within that time period, the stay shall expire and the suspension shall take effect. Thereafter, upon payment of the fine, the suspension shall be lifted. Rulemaking Authority 455.2273(3), 548.003, 548.071, 548.075 FS. Law Implemented 455.2273(3), 548.071, 548.075 FS. History–New 11-26-15, Amended 12-5-24. 61K1-3.027 Weight Classes for Boxing, Kickboxing and Mixed Martial Arts. (1) Boxing Weight Classes: Name Weight (lbs) Weight Differential (lbs)

Mini Flyweight Up to 105 3

Light Flyweight Over 105 to 108 3

Flyweight Over 108 to 112 3

Super Flyweight Over 112 to 115 3

Bantamweight Over 115 to 118 3

Super Bantamweight Over 118 to 122 4

Featherweight Over 122 to 126 4

Super Featherweight Over 126 to 130 4

Lightweight Over 130 to 135 5

Super Lightweight Over 135 to 140 5

Welterweight Over 140 to 147 7

Super Welterweight Over 147 to 154 7

Middleweight Over 154 to 160 7

Super Middleweight Over 160 to 168 7

Light Heavyweight Over 168 to 175 7

Cruiserweight Over 175 to 200 12

Heavyweight Over 200 No limit

(2) Kickboxing Weight Classes: Name Weight (lbs) Weight Differential (lbs)

Atomweight Up to 108 4

Super Atomweight Over 108 to 111 4

Flyweight Over 111 to 114 4

Super Flyweight Over 114 to 117 4

Bantamweight Over 117 to 120 5

Super Bantamweight Over 120 to 124 5

Featherweight Over 124 to 128 5

Lightweight Over 128 to 132 6

Super Lightweight Over 132 to 137 6

Light Welterweight Over 137 to 142 6

Welterweight Over 142 to 147 7

Super Welterweight Over 147 to 153 7

Light Welterweight Over 153 to 159 7

Middleweight Over 159 to 165 8

Super Middleweight Over 165 to 172 8

Light Heavyweight Over 172 to 179 8

Light Cruiserweight Over 179 to 186 9

Cruiserweight Over 186 to 194 9

Super Cruiserweight Over 194 to-207 12

Heavyweight Over 207 to 223 15

Super Heavyweight Over 223 and above unlimited

(3) Mixed Martial Arts Weight Classes: Name Weight (lbs) Weight Differential (lbs)

Flyweight Up to 125 8

Bantamweight Over 125 to 135 10

Featherweight Over 135 to 145 10

Lightweight Over 145 to 155 10

Welterweight Over 155 to 170 15

Middleweight Over 170 to 185 15

Light Heavyweight Over 185 to 205 20

Heavyweight Over 205 to 265 20

Super Heavyweight Over 265 unlimited

(4) No boxing, kickboxing or mixed martial arts match shall be permitted with a weight difference greater than the weight differentials listed above without the approval of the executive director or his or her designee and in accordance with the requirements of section 548.043(2), F.S. Rulemaking Authority 548.003 FS. Law Implemented 548.043(2) FS. History–New 12-10-15, Amended 9-7-26. 61K1-3.028 Boxing and Kickboxing Participants’ Apparel. (1) Boxing participants shall wear traditional boxing trunks, the belt of which shall not extend above the waistline. (2) Kickboxing participants shall wear traditional boxing trunks, kickboxing pants, or Thai boxing shorts, the belt of which shall not extend above the waistline. (3) Boxing and kickboxing male participants shall wear a groin protector, or protective cup, which shall be firmly adjusted before entering the ring. (4) Boxing and kickboxing female participants shall wear an abdominal guard of standard type, which provides sufficient protection to withstand any low blow without inhibiting an opponent’s ability to land a legal blow; a close fitting tank, halter type top, or other close fitting secure top that prevents injury such as a sports bra; and, a protective cup or protective pelvic girdle to cover the pubic area, ovaries, coccyx and sides of the hips. Breast protectors are optional. (5) An individually fitted mouthpiece shall be in the participant’s mouth at all times during the fight period of each round. Participants shall have a second mouthpiece ringside ready for use at all times during the match. (6) Boxing participants shall wear shoes made for the purpose of boxing. (7) Prohibited apparel: (a) Eyeglasses are prohibited. Boxing and kickboxing participants shall wear soft contact lenses only if needed; (b) Shoes with spikes, tassels, cleats, or heels; (c) Any type of apparel with metal straps or buckles; (d) Necklaces or any other type of jewelry or piercings. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2)(c) FS. History–New 11-8-15. 61K1-3.029 Mixed Martial Arts Participants’ Apparel. (1) Each male mixed martial arts participant shall wear the following: (a) Shorts approved by the executive director or his or her designee; (b) A groin protector, or protective cup, which shall be in place before entering the ring; (c) Knee or ankle support that is form-fitting with no rigid structural or abrasive materials is optional; (d) An individually fitted mouthpiece, which mouthpiece shall be in the participant’s mouth at all times during the fight period of each round. Participants shall have a second mouthpiece ringside ready for use at all times during the match. (2) Each female mixed martial arts participant shall wear the following: (a) A close fitting tank, halter type top, or other close fitting secure top that prevents injury such as a sports bra; (b) Shorts approved by the executive director or his or her designee; (c) An individually fitted mouthpiece shall be in the participant’s mouth at all times during the fight period of each round. Participants shall have a second mouthpiece ringside ready for use at all times during the match; (d) Knee or ankle support that is form-fitting with no rigid structural or abrasive materials is optional; (e) Breast protectors are optional; (f) A protective cup or protective pelvic girdle to cover the pubic area, ovaries, coccyx and sides of the hips is optional. (3) Prohibited apparel: (a) Eyeglasses are prohibited. Mixed martial arts participants shall wear soft contact lenses only if needed; (b) Any type of apparel with metal straps or buckles; (c) Necklaces or any other type of jewelry; (d) Shoes. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2)(c) FS. History–New 11-3-15. 61K1-3.030 Boxing and Kickboxing Bandages and Handwraps; Gloves. (1) Bandages and Handwraps: (a) Bandages and handwraps are required and shall be restricted to single-weave cotton gauze not less than 5 yards or more than 10 yards in length and 2ꞌꞌ inches in width, held in place by not more than 5 yards of 1ꞌꞌ inch surgical tape. No tape may be applied across the knuckles. (b) All bandages and handwraps shall be applied and adjusted in the dressing room in the presence of the inspector. The inspector shall initial or in some other manner mark the bandage or handwrap on each hand so as to be able to determine at the conclusion of the match whether or not the bandage or handwrap was tampered with after the inspector initially examined the bandage or handwrap. (2) Gloves: (a) When both participants in a match weigh 147 pounds or less, both participants shall use 8 ounce gloves; (b) When one or more of the participants in a match weighs more than 147 pounds, both participants shall use 10 ounce gloves; (c) Both participants shall wear the same manufacturer of gloves as provided by the promoter unless both participants agree to use different manufacturers of gloves or their own gloves pursuant to paragraph (f) below; (d) Prior to the beginning of each match each glove of each participant shall be examined and approved or disapproved by the executive director or his or her designee. Any glove intended to be used by a participant in a match shall be whole, clean, in sanitary condition and shall have the thumb attached. Gloves shall be in good condition. If the padding in a glove is found to be misplaced or lumpy, or if the glove shows evidence of breaking, roughing or twisting, the glove shall be disapproved and not used; (e) Laces of gloves shall be knotted on the back of the wrist and tape shall be applied over the laces so as to prevent injury to the opponent. Velcro shall be located on the back of the wrist and tape shall be applied over the Velcro. The tape used shall be red tape for the red corner participant and blue tape for the blue corner participant; (f) Participants shall not supply their own gloves unless agreed to by both participants and approved by the executive director or his or her designee. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2)(c), 548.043 FS. History–New 12-10-15, Amended 7-1-26. 61K1-3.031 Mixed Martial Arts Bandages and Handwraps; Gloves. (1) Bandages and Handwraps: (a) Bandages and handwraps are required and shall be restricted to single-weave cotton gauze not less than 2.5 yards in length and not more than 5 yards in length and 2 inches in width, held in place by not more than 5 yards of 1 inch surgical tape. No tape may be applied across the knuckles. (b) All bandages and handwraps shall be applied and adjusted in the dressing room in the presence of the inspector. The inspector shall initial or in some other manner mark the bandage or handwrap on each hand so as to be able to determine at the conclusion of the match whether or not the bandage or handwrap was tampered with after the inspector initially examined the bandage or handwrap. (2) Gloves: (a) Gloves shall weigh no less than 4 ounces nor more than 8 ounces; however, both participants shall wear the same weight gloves and use the same manufacturer of gloves as provided by the promoter unless both participants agree to use different manufacturers of gloves or their own gloves pursuant to paragraph (d) below. (b) Prior to the beginning of each match each glove of each participant shall be examined and approved or disapproved by the executive director or his or her designee. Any glove intended to be used by a participant in a match shall be whole, clean, in sanitary condition. Gloves shall be in good condition. If the padding in a glove is found to be misplaced or lumpy, or if the glove shows evidence of breaking, roughing or twisting, the glove shall be disapproved and shall not be used. (c) If laces are present, laces of gloves shall be knotted on the back of the wrist and tape shall be applied over the laces so as to prevent injury to the opponent. If Velcro is present, the chief inspector may require the use of tape to prevent injury or to prevent loosening of the gloves during the match. Whenever the chief inspector decides to require tape, both participants and seconds must be subject to the same requirement. The tape used shall be red tape for the red corner participant and blue tape for the blue corner participant. (d) Participants shall not supply their own gloves unless agreed to by both participants and approved by the executive director or his or her designee. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2)(c), 548.043 FS. History–New 12-10-15, Amended 7-1-26. 61K1-3.032 Rounds. (1) The duration of each round of a boxing or kickboxing match shall be 3 minutes with 1-minute rest intervals between rounds. Women’s boxing and kickboxing contests shall be scheduled for 2-minute or 3-minute rounds, as approved by the executive director or commission representative. (2) A boxing or kickboxing match shall be scheduled for four, six, eight or ten rounds, depending upon the experience of the participants and whether or not the match is a main event. Odd numbers of rounds may be approved by the executive director as long as the number of rounds does not exceed twelve. A championship boxing or kickboxing match shall be scheduled for 12 rounds. Women’s championship boxing or kickboxing matches may be scheduled for no less than 10 rounds. (3) The duration of each round of a mixed martial arts event shall not exceed 5 minutes with no less than 1 minute and no more than 1 and one-half minute rest intervals between rounds depending upon the approved conditions of the matches for the event. (4) A mixed martial arts match shall be scheduled for two, three, four, five, six, eight or ten rounds, depending on the experience of the participants, whether or not the match is a main event and the conditions of the matches for the event. Under no circumstances can the total fight time for a match exceed 36 minutes. Rulemaking Authority 548.003 FS. Law Implemented 548.006 FS. History–New 4-6-89, Formerly 7F-1.030, Amended 4-3-00, 6-1-04, Formerly 61K1-1.030. 61K1-3.033 Scoring System; Scoring, Criteria; Knockdowns, Fouls; Determination of Win or Draw; Decision Final, Exceptions. (1) Scoring System. Scoring shall be by the “10 point must” system. The winner of any round shall be awarded 10 points. The loser of any round shall be awarded one to nine points. When a round is even, each participant shall be awarded 10 points. Partial or incomplete rounds shall be scored. Any point deduction occurring during the partial round will be deducted as if a complete round were being tabulated. In kickboxing, points may be deducted from the points earned from each of the scoring judges for failure to execute the number of required kicks. (2) Boxing and Kickboxing – Scoring, Criteria; Knockdowns, Fouls. The awarding or deducting of points by the judges and referee, the determination as to the occurrence of knockdowns, knockouts and fouls and the procedure to be used following such occurrence shall be accomplished in the following manner and based on the following criteria, which criteria is listed in the order of importance: (a) The only fair punch is a punch delivered with the padded knuckle part of the glove to the front or side of the head or body above the belt, and the participant who delivers such a punch shall be awarded points in proportion to its damaging effects.

1. A clean knockdown shall be highly scored. A knockdown is scored as soon as it occurs. The participant who takes advantage of the full 9-second count shall be credited with ring generalship that would not be credited to him if he arose immediately and, in a groggy condition, tried to continue. If he arises before the count of nine and handles himself well, either aggressively or defensively after he is on his feet, he shall be credited with ring generalship. If the participant who is down arises during the count, the referee may, if he deems it advisable, step between the participants for such period of time to assure himself that the participant who has just arisen is able to continue. When so assured, he shall, without loss of time, order both participants to proceed with the match. The following shall be used to determine when a knockdown has occurred and the procedure to be followed after a knockdown has occurred: a. A participant shall be considered to be knocked down when: (I) Any part of his body, other than his feet, is on the floor, (II) He is hanging helplessly over the ropes, (III) He is rising from a down position, or (IV) At the conclusion of a round in a match, he leaves the ring and fails to be in the ring when the bell sounds indicating the beginning of the next round. b. When a participant is knocked down, the referee shall order the opponent to retire to the farthest neutral corner of the ring by pointing to that corner, and shall immediately begin a 10-second count over the participant who is down. He shall announce the passing of the seconds, accompanying the count with a downward motion of his arm. The knockdown timekeeper, by effective signaling, shall provide the referee the correct one second interval for his count. The referee’s count is the official count. c. If the participant taking the count is still down when the referee calls the count of 10, the referee shall wave both arms to indicate that the participant has been knocked out, provided however, that if the participant is counted out by virtue of his failure to be in the ring when the bell sounds indicating the beginning of the next round, the match shall be terminated and the participant who was counted out shall be declared the loser by technical knockout. d. If a participant is knocked down and is down at the time the bell rings to end the round, the timekeeper shall continue to keep time and the referee shall continue to count. If the downed participant fails to rise before the count of 10, the participant shall be considered to have been knocked out in the next subsequent round. If the participant rises before the count of 10 and the referee determines that the contest can continue, both participants shall be afforded the full one minute rest period between rounds, beginning when one of their seconds comes onto the ring apron, regardless of the amount of time used during the knockdown and subsequent counting by the referee. If a participant is knocked down and is down at the time the bell rings in the final round, the timekeeper shall continue to keep time and the referee shall continue to count. If the downed participant fails to rise before the count of 10, the participant shall be considered to have been knocked out in the final round. e. If both participants are knocked down at the same time, counting shall be continued as long as either remains down. If both participants remain down until the count of 10, the match shall be terminated and the decision shall be a technical draw. f. A participant who has been knocked down shall be required to take a count of eight whether or not he has regained his feet before the count of eight has been reached. g. If a participant who is down arises before the count of 10 is reached, and then goes down immediately, without being struck, the referee shall resume the count where he previously stopped counting. h. When a participant is knocked out, the referee shall perform a full 10 second count before terminating the match, provided however that if, in the opinion of the referee or physician, the participant requires immediate medical attention, the referee shall not be required to count to 10. i. If a participant is knocked out of or has fallen out of the ring the referee shall immediately begin a count of 20. The referee shall not allow the match to resume until he has at least counted to 18. j. If the participant who is not down and who has been ordered to a neutral corner, fails to stay in the neutral corner, the referee and knockdown timekeeper shall cease the count and shall not resume the count until the participant has retired to the neutral corner. k. If a towel is thrown into the ring when a participant is down, the towel shall be ignored and the referee and knockdown timekeeper shall continue to count as if it had not appeared.
2. If a participant slips, falls down or is pushed down, the referee shall order him to his feet immediately.
3. An unintentional foul may result in a deduction of a point, as determined by the referee. The referee shall determine whether or not a point is to be deducted, using as his criteria the severity of the foul and its effect upon the opponent. When the referee determines that he shall deduct a point from a participant, he shall immediately advise the participants, judges, and commission representative supervising the event of such action. The referee shall not tolerate continual and repeated commission of fouls by a participant. The referee shall give warning to a participant who continually and repeatedly commits fouls and when, in the opinion of the referee, the participant has displayed persistent disregard for the rule governing the commission of fouls, the referee shall disqualify the participant, terminate the match and provide such findings to the commission for appropriate action. Points for fouls shall only be deducted in the round in which the fouls occurred. A participant shall not be penalized in a subsequent round for fouls that occurred in a previous round. The following actions are considered to be fouls, the committing of which may result in a deduction of points:
   1. Punching below the belt,
   2. Punching an opponent who is down or is getting up after being down,
   3. Holding an opponent with one hand and punching with the other,
   4. Holding or deliberately maintaining a clinch after several warnings,
   5. Wrestling or kicking,
   6. Butting with the head or shoulder or using the knee,
   7. Punching with an open glove, or with the butt of the hand, the wrist or elbow and all backhand punches,
   8. Striking deliberately at that part of the back near the spine and over the kidneys,
   9. The deliberate use of the rabbit punch or any punch struck at the back of the neck near the base of the skull and which is not the result of the opponent turning his head to avoid a punch,
   10. Jabbing the opponent’s eyes with the thumb of the glove,
   11. The use of abusive language in the ring,
   12. Any unsportsmanlike trick or action causing injury to an opponent,
   13. Punching on the break,
   14. Punching after the bell has sounded ending the round,
   15. Roughing at the ropes,
   16. Pushing an opponent around the ring or into the ropes,
   17. Tripping or stepping on the opponent’s foot, or
   18. Spitting out of the mouthpiece or allowing the mouthpiece to fall out of the mouth.
   19. Punching or flicking with the open glove,
   20. Clinching after warning has been given; and,
   21. The following apply to kickboxing in addition to a. through t. provided above:
   (I) Kicking with the knee, or kicking into the knee or to the inside region of the thigh, and sweeps to the inside region of the leg or shin-to-shin sweeps, (II) Leg checking which is the act of extending the leg to check an opponent’s leg to prevent opponent from kicking, (III) Grabbing or holding an opponent’s leg or foot followed by a takedown, strike, or kick, (IV) Anti-joint techniques which is the act of striking or applying leverage against any joint; and, (V) Holding the ropes with one hand while kicking, punching, or defending with the other hand or the legs.
4. Except in the case of biting or punching while the opponent is down, when the referee determines that a participant has intentionally committed a foul, the referee shall deduct one or more points. Point deductions for intentional fouls shall be accomplished in the same manner as subparagraph 3., above.
   1. If an intentional foul causes an injury, and the injury is severe enough to terminate the bout immediately, the participant causing the injury shall lose by disqualification.
   2. If an intentional foul causes an injury, and the injury results in the bout being stopped in a subsequent round, the injured participant shall be declared the winner by technical decision if the injured participant is ahead on a majority of the judges’ score cards and if not, the bout will be declared a technical draw.
   3. If at any time during the match the referee determines that a participant has bitten an opponent, the match will be halted and that participant shall be disqualified.
   4. The first offense of punching while down shall result in the deduction of 2 points from the score of the participant who punches his opponent while his opponent is down, unless the first offense, as determined by the referee, is blatant and a clear disregard of the rule. If such determination is made by the referee, the participant committing the foul shall be immediately disqualified and his opponent shall be declared the winner by disqualification. The second offense of punching while down shall result in the disqualification of the participant committing the offense and his opponent shall be declared the winner by disqualification.
   (b) Points for aggressiveness shall be awarded to the participant who sustains the actions of a round by the greatest number of skillful attacks; (c) Consideration shall be given for sportsmanlike conduct, close adherence to the rules and refraining from taking technical advantage of situations which are unfair to his opponent. Points shall be deducted from a participant for unsportsmanlike conduct, disregard of the rules and taking technical advantage of situations which are unfair to his opponent; (d) Consideration shall be given for clever defensive work such as avoiding or blocking a punch; (e) Consideration shall be given where ring generalship is conspicuous. Ring generalship includes the ability to:
5. Quickly recognize and take advantage of every opportunity presented,
6. Cope with a diversity of situations,
7. Anticipate and neutralize an opponent’s form of attack; and,
8. Force an opponent to adopt a style of boxing at which he is not particularly skillful, (f) Points shall be deducted when a participant persistently delays the action of a match by clinching, holding or lack of aggressiveness. (g) In kickboxing, 8 legal kicks delivered above the belt shall be required. For each legal kick less than the minimum number required, a participant shall be penalized by the deduction of 1 point not to exceed 3 points in any one round. Each knockdown shall be recognized as a legal kick delivered above the belt. (h) Sweeps must be obvious attempts to unbalance the opponent and not an attempt to injure the leg of the opponent. Sweeps must be executed with the arch part of the foot and delivered to the outside portion of the forward leg only. (3) Determination of Win or Draw. (a) A participant who knocks out his opponent shall be declared the winner of the match. (b) If both participants are knocked down at the same time and both participants remain down until the count of 10, the match shall be considered a technical draw. (c) A participant who is awarded a technical knockout shall be declared the winner of the match. (d) When the winner of a match is to be determined by the number of points awarded or deducted or by the number of rounds awarded to each participant, the scores for all rounds shall be compiled for each judge and the following criteria shall be used:
9. Three wins shall be declared a win by unanimous decision,
10. Two wins and one draw shall be declared a win by majority decision,
11. Two wins and one loss shall be declared a win by split decision,
12. One win and two draws shall be declared a draw announced as a majority draw,
13. One win, one draw and one loss shall be declared a draw announced as a draw,
14. One win and two losses shall be declared a loss,
15. Three draws shall be declared a draw,
16. Two draws and one loss shall be declared a draw,
17. One draw and two losses shall be declared a loss; and,
18. Three losses shall be declared a loss. (e) A participant shall not be declared the winner of a match on a claim of low blow foul, and a participant shall not lose a match by reason of an unintentional low blow foul. (f) No participant shall be awarded a match based on an unintentional foul unless the foul was unintentional butting. If a match is temporarily halted because of an unintentional foul, the referee shall determine whether the participant who has been fouled can continue. If the referee determines that the participant can continue, the referee shall order the match to be continued. If the referee determines that the participant is unable to continue the match as a result of an unintentional foul other than for butting, the referee will give the injured participant five (5) minutes in which to recover and continue. If at the end of the five (5) minute recovery period the fouled participant is unable to continue the boxing match, the fouled participant shall be declared the loser by technical knockout. During the five (5) minute recovery period neither participants’ seconds may assist the participants in any way. If a participant is unintentionally butted in a match so that he cannot continue, the referee shall declare the result of the match using the following criteria:
19. During a four round boxing match, if the unintentional butt occurs prior to the scoring of the third round and the fouled participant is unable to continue, the result shall be a no decision,
20. During a six, eight, ten or twelve round boxing match, if the unintentional butt occurs prior to the scoring of the fourth round and the fouled participant is unable to continue, the result shall be a no decision,
21. During a four round boxing match, if the unintentional butt occurs in any round subsequent to the scoring of the third round or occurs prior to the scoring of third round but the participant is not determined to be unable to continue until after the scoring of the third round, the determination of win, loss or draw shall be based upon the score cards of the judges as a technical decision whereby partial rounds will be scored,
22. During a six, eight, ten or twelve round boxing match, if the unintentional butt occurs in any round subsequent to the scoring of the fourth round or occurs prior to the scoring of fourth round but the participant is not determined to be unable to continue until after the scoring of the fourth round, the determination of win, loss or draw shall be based upon the score cards of the judges as a technical decision whereby partial rounds will be scored, (g) When an injury is produced by a fair punch but because of the severity of the injury the match cannot continue, the injured participant shall be declared the loser by a technical knockout. (h) If a participant refuses to continue a match while physically able to do so, the referee shall disqualify him, award the match to his opponent, and shall direct that the purse be withheld. The referee shall provide a written report to the commission. If the commission determines that the participant refused to continue a match while physically able to do so, the commission shall require that the participant’s purse shall be forfeited to the commission and shall impose a period of suspension for a period not less than 6 months. (i) In any case where the referee determines that both participants are not honestly competing, that a knockdown is intentional and predetermined by both parties or a foul has been pre-arranged so as to cause the match to be terminated, he shall not finish the knockdown count or disqualify either participant for fouling or render a decision, but shall instead terminate the match not later than the end of the round and order the promoter to surrender the purses of both participants to the commission representative pending an investigation of the alleged violation. The announcer or referee shall inform the audience that no decision has been rendered. (j) If, in the opinion of the physician, the referee has received an injury, the seriousness of which prevents him from continuing to officiate, and the commission representative is unable to locate another qualified person to act as referee, the match shall be terminated, no decision shall be rendered and the purses of both participants shall be withheld. The commission shall then rule as to the disposition of the purses. (4) Decision Final, Exceptions. (a) A decision rendered at the conclusion or termination of any match is final and shall not be changed unless it is determined that any of the following occurred:
23. There was collusion affecting the result of any match,
24. The compilation of the round or match score cards of the referee and judges shows an error which indicates that the decision was awarded to the wrong participant,
25. There was a violation of Rule 61K1-3.017, F.A.C., of these rules, relating to drugs or foreign substances, or
26. There was a violation of Chapter 548, F.S., or the rules set forth herein which violation affected the result of the match. (b) If it is determined that any of the above occurred, the decision rendered shall be changed as directed by the commission. (5) Conditions of the Match in Mixed Martial Arts. (a) The conditions of the match for any mixed martial arts match as proposed to the executive director shall be deemed to include the following as fouls:
27. Butting with the head,
28. Eye-gouging of any kind,
29. Biting,
30. Hair pulling,
31. Fishhooking,
32. Groin attacks of any kind,
33. Small joint manipulation to include fingers and toes,
34. Putting a finger into any orifice, cut, or laceration on an opponent,
35. Striking to the spine or back of the head to include, without limitation, hand strikes, punches, kicks and knees,
36. Throat strikes of any kind to include, without limitation, grabbing the trachea,
37. Clawing, pinching, twisting of the flesh,
38. Kicking or kneeing to the head of a grounded opponent, or stomping a grounded opponent. A fighter shall be considered grounded and may not be legally kneed or kicked to the head when any part of their body other than their hands or feet is in contact with the canvas (ground).
39. Spiking an opponent to the canvas on the head, crown of the head, or neck,
40. Throwing an opponent out of the ring or fenced area,
41. Holding the shorts or gloves of your opponent,
42. Spitting at your opponent,
43. Engaging in any unsportsmanlike conduct that causes injury to an opponent,
44. Holding the ropes or fencing,
45. Attacking an opponent during the rest period, while under the care of the referee or ringside physician, or after the bell has sounded the end of a round,
46. Flagrant disregard for instructions of the referee,
47. Timidity to include, without limitation, avoiding contact with an opponent, intentionally spitting or consistently dropping the mouthpiece, or faking an injury,
48. Interference by the corner,
49. Throwing in the towel by the corner,
50. Using abusive language in the ring or fenced area,
51. In the standing position, outstretching fingers toward an opponent’s face or eyes. (b) A mandatory 1 point deduction will be standard for any intentional foul that produces an injury. Rulemaking Authority 548.003, 548.006 FS. Law Implemented 548.057 FS. History–New 4-6-89, Amended 8-28-89, 1-1-90, 1-9-91, Formerly 7F-1.035, Amended 9-10-95, 4-3-00, 6-1-04, Formerly 61K1-1.035, Amended 8-24-17, 6-21-22, 7-1-26. 61K1-3.034 Code of Conduct for Commissioners, Commission Staff, and Commission Officials. The commission is subject to Chapter 112, Part III, F.S., Code of Ethics for Public Officers and Employees. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2)(a) FS. History–New 3-14-13, Formerly 61K1-1.00241. 61K1-3.042 Amateur Events held with Professional Events. Amateur events may be held in the same venue on the same date as professional events under the following conditions: (1) Amateur events shall conclude before the start of any professional event. (2) The amateur event shall be followed by an intermission of at least thirty minutes. (3) Amateurs shall not occupy the same dressing room at the same time as professional participants. (4) Amateur Sanctioning Organizations are responsible for sanctioning the amateur portion of the event. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003(2), 548.006(1), (4) FS. History–New 11-3-15, Technical Change 7-16-26. 61K1-3.043 Instant Replay. (1) When adequate technology is available, instant replay may be used by the referee who is working a bout to examine the fight ending sequence for fouls which led to the end of the bout. Instant replay may be used only after the fight has officially concluded and before the final official outcome of the fight is announced in the ring or cage. Only the referee is authorized to initiate instant replay review. The referee must watch the instant replay footage of the fight ending sequence and may consult with other referees assigned to work the program of matches to determine the correct outcome of the bout. Only the working referee is authorized to make the final official determination of the outcome of the bout following the instant replay review. No bout may resume after the initiation of instant replay review. Nothing in this part shall restrict the Commission’s authority to review any evidence in making a determination under subsection 61K1-3.033(4), F.A.C. (2) Instant replay is a video reproduction of something that recently occurred which was both filmed and or broadcast live using combinations of video servers and high-speed cameras. (3) If the promoter decides to use instant replay in the filming and or broadcasting of any match, the cost of doing so shall be that of the promoter. (4) The promoter shall advise the Commission before the first bout if instant replay will be used at a match and the type of equipment. (5) The promoter, on request, shall provide the referee immediate access to the original instant replay footage in question. (6) The instant replay footage may be by: frame-by-frame review, replay at variable speeds, slow motion, freeze frame, from multiple camera angles or any combination of the foregoing. (7) Adequate technology for the purposes of Rule 61K1-3.043, F.A.C., means that the quality of the instant replay footage must provide the referee with a clear and accurate view of the action in question. Rulemaking Authority 548.003 FS. Law Implemented 548.003 FS. History–New 4-15-19.

Chapter 61K1-4 HEALTH AND SAFETY STANDARDS FOR AMATEUR BOXING, KICKBOXING, AND MIXED MARTIAL ARTS

Fla. Admin. Code R. 61K1-4 HEALTH AND SAFETY STANDARDS FOR AMATEUR BOXING, KICKBOXING, AND MIXED MARTIAL ARTS

CHAPTER 61K1-4 RULES FOR AMATEUR BOXING, KICKING, AND MIXED MARTIAL ARTS 61K1-4.001 Amateur Sanctioning Organization Licensure, Criteria for Approval and Denial 61K1-4.002 Compliance Checks 61K1-4.004 Emergency Medical Equipment; Other Requirements 61K1-4.005 Arena Equipment Requirements; Ring Requirements; and Fenced Area Requirements 61K1-4.006 Physician and Emergency Medical Technician Requirements 61K1-4.007 Insurance Requirements 61K1-4.008 Pre-Match Physical of Amateur 61K1-4.009 Post-Match Physical of Amateur; Suspension of Amateur Athlete 61K1-4.011 Unprofessional or Unethical Conduct 61K1-4.012 Citations 61K1-4.013 Notices of Non-Compliance 61K1-4.014 Records 61K1-4.015 Disciplinary Guidelines 61K1-4.016 Boxing Weight Classes; Weigh-In 61K1-4.017 Boxing Conduct of Bout; Rounds 61K1-4.018 Boxing Apparel 61K1-4.019 Boxing Bandages; Handwraps; Gloves 61K1-4.020 Kickboxing Weight Classes; Weigh-In 61K1-4.021 Kickboxing Conduct of Bout; Rounds 61K1-4.022 Kickboxing Apparel 61K1-4.023 Kickboxing Bandages; Handwraps; Gloves 61K1-4.024 Mixed Martial Arts Weight Classes; Weigh-In 61K1-4.025 Mixed Martial Arts Conduct of Bout; Rounds 61K1-4.026 Mixed Martial Arts Apparel 61K1-4.027 Mixed Martial Arts Bandages, Handwraps; Gloves 61K1-4.028 Supervision of Amateur Events 61K1-4.029 Matches; Prohibited During Certain Hours 61K1-4.030 Match Results 61K1-4.001 Amateur Sanctioning Organization Licensure, Criteria for Approval and Denial. (1) License; Requirement, Procedure and Period, Fee. (a) Each approved amateur sanctioning organization shall be licensed by the commission. To be licensed and obtain approval by the commission, each amateur sanctioning organization shall apply for licensure. Licensed amateur sanctioning organizations shall be given the same rights and obligations as any other licensed entities and/or individuals granted licensure by the commission. (b) Licenses/Approvals for amateur sanctioning organizations, including any rights, privileges, responsibilities, duties, obligations, or liabilities which by their nature are entitled to or encumbered by the amateur sanctioning organization shall not be transferred, including by the use of a power of attorney. (c) Licensing Procedure and Period.

1. Application for licensure approval as an Amateur Sanctioning Organization shall be submitted on Form DBPR-FSBC-01, “Application for Amateur Sanctioning Organization”, (06/25), adopted and incorporated, which may be obtained on the “Boxing, Kickboxing, & Mixed Martial Arts” link at https://www.myfloridalicense.com/intentions2.asp, or at https://flrules.org/Gateway/reference.asp?No=Ref-18492. The application shall be accompanied by any required supplemental information and by the licensure fee.
2. Upon receipt of an application for a license, the application shall be reviewed by the commission for approval or denial and, if the application is in compliance with the requirements of Chapter 548, F.S., and the rules adopted by the commission, a license shall be issued. If it is determined that the application is not in compliance, the applicant shall be notified by way of a Notice of Intent to Deny.
3. A license issued pursuant to Chapter 548, F.S., and these rules shall be valid from the date of issuance until December 31 of the year in which the license was effective. An application for the renewal of a license shall be submitted on the same form as referenced above and all of the requirements, standards, and criteria used to approve or disapprove an application for a new or initial license shall be used to approve or disapprove the application for the renewal of a license.
4. If a licensee changes its name or other legally identifying information, the licensee shall reapply for licensure with the commission. (2) Criteria for Application. (a) An amateur sanctioning organization seeking approval from the Florida Athletic Commission to sanction and supervise matches shall provide the following during the application process:
5. A completed application for licensure, clearly indicating which sport the amateur sanctioning organization will be sanctioning.
6. Applications for approval of an amateur sanctioning organization shall specify boxing, kickboxing, or mixed martial arts. Accordingly, any approval shall be limited to the sport for which the amateur sanctioning organization has applied to obtain a license. An organization seeking approval for one or more of the aforementioned sports shall submit a separate application for each sport.
7. A statement of agreement to adopt and enforce the requirements set forth in Chapter 548, F.S. and the Rules promulgated thereto.
8. A complete record of any criminal history of the officers, trustees, partners, directors, or owners in the amateur sanctioning organization. The commission shall not issue a license to any entity that has officers, trustees, partners, directors, or owners in the amateur sanctioning organization, who have been convicted of any act that constitutes a violation of Chapter 548, F.S. or any crime involving moral turpitude. Ownership includes all persons with 10% interest in an amateur sanctioning organization in an amount greater than or equal to 10% of the budget for the fiscal year.
9. A complete licensure history in Florida and any other jurisdiction, including license verification submitted from the state or other jurisdiction in which the amateur sanctioning organization is licensed.
10. A statement of agreement to adopt and enforce a requirement that in matches sanctioned and supervised by the amateur sanctioning organization all participating amateurs must undergo a pre-match physical examination by a physician licensed as an M.D. or D.O., approved by the amateur sanctioning organization according to the criteria provided in this rule.
11. A statement of agreement that the organization will not hold, promote, or sponsor a match prohibited under Chapter 548, F.S.
12. Documentation evidencing the amateur sanctioning organization has a legal existence, it is incorporated or otherwise legally recognized by the laws of its domicile and is authorized to conduct business in Florida under the Florida Department of State.
13. A copy of the organization’s standards, policies, or procedures evidencing that the principals of the organization have sufficient background, training, and experience in sanctioning and supervising matches which will adequately protect the health and safety of the amateurs participating in the matches and the public. These standards are for application review for approval or denial only, and must be in compliance with the rules adopted by the commission. Modifications to an amateur sanctioning organization’s rules does not negate an amateur sanctioning organization’s responsibility to comply with the rules as adopted by the commission.
14. A license fee of $100.00 to be submitted with each application for licensure. If the amateur sanctioning organization applies for licensure in more than one sport, the $100.00 fee shall be provided for each application for each sport. (b) The organization, should they be granted licensure, shall continue to abide by and enforce the rules adopted by the commission. (3) Upon the receipt of an application for approval by the commission, the amateur sanctioning organization shall not be eligible to use the exemptions to Section 548, F.S., listed under Section 548.007 F.S. (4) The amateur sanctioning organization shall ensure that all matches occur according to Section 548, F.S., and the rules promulgated thereto. (5) If an amateur sanctioning organization changes its name or any other legally identifying information, it shall notify the commission within 60 days of the change. (6) Denial of application. (a) The application of an amateur sanctioning organization that does not meet the criteria specified by rule shall be denied by the commission, its executive director, or its designee. (b) The commission shall not issue a license or approval to any entity with officers, trustees, partners, directors, or owners in the applicant organization, who individually had a license or approval issued by the commission or equivalent licensing authority of another state revoked, suspended, or otherwise disciplined. Ownership includes all persons who provide financial support for the amateur sanctioning organization in an amount greater than or equal to 10% of the budget for the fiscal year. (c) The commission shall not issue a license or approval to any entity with officers, trustees, partners, directors, or owners in the applicant organization, who have been officers, trustees, partners, directors, or owners in an amateur sanctioning organization which had a license or approval issued by the commission or equivalent licensing authority of another state revoked, suspended, or otherwise disciplined. Ownership includes all persons who provide financial support for the amateur sanctioning organization in an amount greater than or equal to 10% of the budget for the fiscal year. (d) The commission, executive director, or its designee, may deny the application for one or more of the following reasons:
15. If the information provided evidences that the principals of the amateur sanctioning organization do not have the required experience or training to safely sanction or supervise matches.
16. If any of the organizations officers, partners, officials, authorized representatives, or persons with a financial interest in the organization have criminal history evidencing fraud, theft, or any crime that would constitute as a violation of Chapter 548, F.S.
17. If the application is incomplete and the organization fails to provide missing information in a timely manner.
18. If the application indicates that the organization will operate in violation of Chapter 548, F.S. or the rules adopted by the commission.
19. If the information provided in the application otherwise indicates that approval of the amateur sanctioning organization would pose a risk to the health, safety, or wellbeing of amateurs or the general public.
20. If the amateur sanctioning organization fails to pay the licensure fee. (7) Application Renewal Requirements (a) In support of its biennial renewal application, each Amateur Sanctioning Organization shall also provide the Commission with documentation of its compliance with Rule 61K1-4.028, F.A.C., Supervision of Amateur Events, and Rule 61K1-4.030, F.A.C., Amateur Reporting Requirements. (b) A renewal application that fails to provide documentation showing compliance with Rules 61K1-4.028 and 61K1-4.030, F.A.C., shall be deemed incomplete. (c) The Commission as part of its decision whether to approve, disapprove, suspend or revoke the approval of an Amateur Sanctioning Organization renewal application pursuant to paragraph 61K1-4.001(1)(c), and subsection (2), F.A.C., shall verify whether the Amateur Sanctioning Organization has complied with Rules 61K1-4.028 and 61K1-4.030, F.A.C. Rulemaking Authority 548.003(2), 548.006 FS. Law Implemented 548.003, 548.006, 548.0065, 548.008 548.011, 548.017, 548.021, 548.025, 548.026, 548.028, 548.032, 548.035, 548.046, 548.057 FS. History–New 3-14-13, Amended 2-14-19, 10-6-25. 61K1-4.002 Compliance Checks. (1) Compliance checks may be conducted on each amateur sanctioning organization at least once every six (6) months unless the Department receives notice of a possible violation of Chapter 548, F.S. or the rules adopted by the commission. (2) The Executive Director shall designate authority to perform compliance checks on the Department’s investigators and any individual designated by the Department or the Executive Director to perform a compliance check. (3) For the purposes of this rule, the Executive Director may designate any of the following individuals to assist during compliance checks:
21. Referees currently or formerly licensed under Chapter 548, F.S;
22. Judges currently or formerly licensed under Chapter 548, F.S;
23. Timekeepers currently or formerly licensed under Chapter 548, F.S;
24. Inspectors currently or formerly licensed under Chapter 548, F.S;
25. Ringside physicians currently or formerly licensed under Chapter 548, F.S;
26. Commission staff;
27. Commission legal counsel;
28. Department legal counsel;
29. Commissioners.
30. Chief inspectors. (4) Amateur sanctioning organizations shall allow any individuals designated by the Executive Director to conduct compliance checks full access to the site of an event or match, including dressing rooms. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065(3) FS. History–New 3-14-13. 61K1-4.004 Emergency Medical Equipment; Other Requirements. (1) Emergency Medical Equipment and Services. (a) It shall be the responsibility of the amateur sanctioning organization to ensure the following emergency medical equipment is available and present at each amateur match:
31. A portable resuscitator with all additional equipment necessary for its operation;
32. A clean backboard, a neck-brace, and clean blanket, to be located along with the ambulance attendants at ringside;
33. One portable oxygen supply shall be present at ringside. (b) No match shall begin or continue unless such equipment is on the premises, in a state of readiness and in a pre-designated readily accessible location known to the referee, physicians and the amateur sanctioning organization supervisor. (2) Other Equipment and Services. (a) It shall be the responsibility of the amateur sanctioning organization to ensure the presence of a person or persons capable of making emergency repairs, corrections and adjustments to the ring, lights and other necessary fixtures at all times during the progress of a program of matches. (b) The amateur sanctioning organization shall ensure that all food and beverages around the ring are dispensed in paper or plastic plates or cups and that only plastic utensils are provided. (c) All advertising must make it clear that the event is an amateur competition. (d) If locker rooms are provided, an amateur sanctioning organization representative shall supervise all locker-room activity according to the following minimum protocols;
34. Only water and approved electrolyte drinks in their sealed original container are permitted in the locker room. No food, vitamins, or supplements of any kind are permitted in the locker room, with the exception of produce.
35. The presence of any alcohol, “energy” drinks, controlled substances or any illegal enhancing substance in the possession of amateurs, any representative of the amateurs or any representative of the amateur sanctioning organization is grounds for suspension of the amateur sanctioning organization’s license and immediate cancellation of the match.
36. Only amateurs scheduled to compete, individuals working their corners, and amateur sanctioning organization representatives working the event are permitted in locker room. Exceptions require prior permission of the sanctioning organization supervisor.
37. Amateur sanctioning organizations shall ensure that amateurs are provided separate dressing rooms for male and female amateurs. Rulemaking Authority 548.003 FS. Law Implemented 548.003, 548.006, 548.032, 548.046, 548.057 FS. History–New 3-14-13. 61K1-4.005 Arena Equipment Requirements; Ring Requirements; and Fenced Area Requirements. (1) Ring Requirements: (a) The ring shall be not less than 18 feet nor more than 22 feet square inside the ropes. (b) The ring floor or apron shall extend beyond the ropes not less than 18 inches. (c) The ring shall be formed of four posts and at least four ropes for boxing and kickboxing, except for San Shou or Sanda style kickboxing. The ring shall be formed of four posts and at least five ropes for San Shou or Sanda style kickboxing and mixed martial arts. The ropes shall extend in parallel lines 18, 30, 42, and 54 inches in height above the ring floor. The top three ropes shall be not less than 1 inch in diameter, and the lowest rope shall be not less than 1 1/2 inches in diameter. The lowest rope must be no higher than twelve inches from the ring floor. All ropes shall be wrapped in velvet or other similarly soft material. Ropes shall be properly adjusted and sufficiently taut to inhibit the amateurs from falling between the ropes. All five ring ropes must be secured to each other in no less than two places on all four sides of the ring. The juncture of the ropes at each corner shall be padded with at least an inch and one half of foam rubber or other similar padding. (d) Ring posts shall be not less than 3 inches in diameter and shall extend from the floor of the ring to a height of no more than 58 inches. (e) The ring platform shall not be more than 4 feet above the surrounding floor and shall be provided with steps for use of the amateur in each amateur’s corner. Steps shall also be provided in a neutral corner for use by the announcer, referee, round card carrier and physicians. (f) The ring platform shall not be less than twelve (12ꞌ) feet below the surrounding ceiling. (g) The ring floor, both inside and outside the ropes, shall be padded to a thickness of at least 1 inch and the padding shall consist of a soft material such as “Ensolite Ring Pad” or similar material applied over a 1ꞌꞌ-inch base of Celotex building board number two or a material which has similar impact absorbing characteristics. There shall be a top covering of canvas, duck, or equivalent material tightly stretched and laced to the ring platform. (h) If the match or program of matches is being held outdoors, the ring, apron and seating for all officials shall be protected from inclement weather by use of a heavy duty weatherproof tarpaulin or cover of similar material. The covering shall be erected in such a manner as to ensure that the ring, apron and seating do not become wet. Under no circumstances will the referee, amateur sanctioning organization representative, or the commission representative allow a match to continue if the condition of the ring floor deteriorates such that its condition poses a hazard to the amateurs or the referee. (i) The amateur sanctioning organization shall insure that the front row of spectator seating is no closer than six (6) feet from the back of the officials’ seats. (2) Kickboxing and Mixed Martial Arts Fenced Area Requirements: (a) The fenced area shall not be less than 18 feet wide nor more than 32ꞌ feet wide inside the fencing; (b) The fenced area within the fencing must be padded with Ensolite or another similar closed-cell foam with at least a 1ꞌꞌ inch layer of foam padding; (c) The fenced area padding must be covered with canvas, duck or similar material tightly stretched and laced to the platform. Any covering that is slippery or deemed by the amateur sanctioning organization representative or any commission representative as unsafe will not be allowed. Material that tends to gather in lumps or ridges must not be used; (d) The fenced area platform must not be more than 4ꞌ feet above the surrounding floor and shall be provided with steps for use of the amateurs. In addition to the amateurs’ steps, a neutral set of steps shall also be provided for use by the announcer, referee, round card carrier and physicians; (e) Ring posts shall be made of metal with dimensions of not less than 3ꞌꞌ inches nor more than 6ꞌꞌ inches in diameter and shall extend from the floor of the building to a height of no less than 60ꞌꞌ inches nor more than 84ꞌꞌ inches above the floor of the fenced area. Ring posts must be properly padded in a manner approved by the commission. Ring posts padding shall not include abrasive, sharp or potentially injuring materials; (f) Fencing must be made of a material that will prevent an amateur from falling out of the fenced area or breaking through the fenced area onto the floor of the building or onto the spectators, including, without limitation, chain link fence coated with vinyl; (g) Any metal portion of the fenced area must be covered and padded in a manner approved by the amateur sanctioning organization representative and must not be abrasive to the amateurs; (h) When the fenced area is comprised of equal sections or panels of fencing, metal tubing or pipes are permissible along the outer dimensions or perimeter of the panels for structural purposes. No metal tubing or pipes are allowed within each individual panel running horizontally or vertically from one panel perimeter to another. Each panel should have four sides with no metal tubing or pipes within each individual square; (i) There must not be an obstruction on any part of the fence surrounding the fenced area in which the amateurs are competing. (j) Each door must be secured by a latch and pin mechanism or another approved dual locking system. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.046, 548.057 FS. History–New 3-14-13. 61K1-4.006 Physician and Emergency Medical Technician Requirements. (1) For each event or match, the amateur sanctioning organization shall provide: (a) An ambulance onsite, with two paramedics or one paramedic and one Emergency Medical Technician (EMT), with at least one paramedic stationed ringside while the competition is occurring. If an athlete needs to be transported via ambulance to the hospital, another unit must arrive before the competition can continue. (b) A minimum of one (1) amateur sanctioning organization approved physician shall be onsite for the entire event and stationed at ringside while competition is occurring. The amateur sanctioning organization shall ensure that there is one physician assigned to each ring/cage at an event. (2) Physician requirements: (a) The physician shall be governed by the requirements of his licensure as an M.D. or D.O. The physician shall hold a license in good standing to practice medicine as an M.D. or D.O. (b) All amateur sanctioning organizations shall ensure that the physicians they select as ringside physicians have obtained 6 hours of continuing medical education units relating to trauma or ringside medical treatment as part of their biennial continuing medical education requirements required by the Florida Board of Medicine. Amateur Sanctioning Organizations who utilize a ringside physician who does not comply with the continuing education requirements following January 1, 2014, shall be subject to disciplinary action. (c) The physician shall carry proof of licensure on his person at all times during an event and provide it to commission representatives if requested. (3) No match shall begin or continue unless all personnel are on the premises, in a state of readiness and in a pre-designated readily accessible location known to the referee, physicians and the amateur sanctioning organization supervisor. (4) No match shall begin or continue unless the physician is located in the designated seat and the referee is in the ring. (5) The physician shall not leave until he or she has completed all required paperwork following the matches. (6) Physicians shall be prepared to assist if any serious emergency shall arise, and shall render temporary or emergency treatments for cuts and minor injuries sustained by the amateurs. (7) Physicians shall refuse to permit a match to start or stop an ongoing match if the ringside physician has reason to believe the referee conducting the match is not able to properly officiate without endangering the health, safety, or welfare of the participants, due to injury, intoxication, influence of any substance, or other reason. (8) Amateur sanctioning organization duties in regards to physicians: (a) If an amateur sanctioning organization representative reasonably believes or observes the need for medical assistance for an amateur or is informed by any third party that an amateur is in need of medical assistance, and the physician is not providing medical assistance to that amateur, the representative shall make a reasonable attempt to ensure that the physician, paramedics, or Emergency Medical Technicians (EMTs) provide medical assistance to the amateur as soon as practicable. (b) Failure by the physician to provide appropriate medical attention when practical to an amateur when informed by the amateur sanctioning organization representative or any third party, or when the physician observes the need, shall cause the amateur sanctioning organization to be subject to disciplinary action. (c) The amateur sanctioning organization representative shall stop any match if the physician moves away from the ringside during the match. (d) The amateur sanctioning organization representative shall stop any match if the physician indicates that the referee conducting the match is not able to properly officiate without endangering the health, safety, or welfare of the participants, due to injury, intoxication, influence of any substance, or other reason. The amateur sanctioning organization shall not start any match until ensuring that the referee conducting the match is able to officiate the match without endangering the health, safety, or welfare of the participants. (e) The amateur sanctioning organization representative, referee, or commission representative shall prevent a match from beginning if another amateur requires medical attention and the physician is providing care to the amateur. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003(2) FS. History–New 3-14-13. 61K1-4.007 Insurance Requirements. (1) Amateur sanctioning organizations are required to secure the following: (a) Health and accidental death benefit policy for athletes of $10,000 minimum. Any deductible associated with the insurance policy shall not exceed $500. (b) General liability insurance policy naming sanctioning body as co-insured of $1 million per claim/$2 million aggregate minimum. (2) Claim forms with the promoter information and policy numbers already written on them shall be provided to the ringside physician prior to the start of the event. (3) Amateur sanctioning organizations are required to ensure that insurance is valid through the duration of the matches. (4) Amateur Sanctioning organizations shall provide proof of insurance to commission representatives if requested. (5) The amateur sanctioning organization representative or commission representative shall prevent any match from beginning if the amateur sanctioning organization does not possess proof of insurance at the start of any event. (6) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065 FS. History–New 3-14-13, Amended 6-21-22, 3-7-23. 61K1-4.008 Pre-Match Physical of Amateur. (1) Each amateur shall, prior to the event, be examined by a physician licensed as an M.D. or D.O. The physician shall certify in writing the amateur’s physical condition and a professional assessment as to whether or not the amateur may engage in the match. No amateur shall be permitted to engage in a match unless he has been examined and pronounced fit to do so by a physician. (2) Amateurs must provide the amateur sanctioning organization sanctioning the matches the following documentation prior to completing the pre-match physical. The documentation shall be accepted by the amateur sanctioning organization for 12 months following the completion of the documentation: (a) An ophthalmological examination identifying problem(s) including but not limited to:
38. Retinopathy or detached retina; provided however, that the applicant shall be permitted to participate in a match if the amateur provides, at or before the weigh-in, the written statement of a certified and licensed ophthalmologist or certified and licensed Optometrist stating that the amateur’s retina is completely healed and that in the ophthalmologist’s expert medical opinion, no unusual or extraordinary risk to the amateur is anticipated as a result of the retinopathy or a previously detached retina.
39. Solitary eye;
40. Blindness defined as central visual acuity of 20/200 or less in the better eye with the best correction possible and/or a visual field of 20 degrees or less. (b) A physical examination obtained by an M.D. or D.O. For female participants, this documentation may be obtained by a OB/Gyn and should address the medical conditions listed in paragraphs (9)(a) through (9)(f). (3) Ringside physicians shall have a suitable place or room in which to make their examinations prior to each match. (4) The examination given all amateurs shall include the following: (a) Temperature; (b) Pulse; sitting, standing and running; (c) Lungs; (d) Heart; (e) Blood pressure; (f) Vision; (g) Weight; (h) Skin. (5) No amateur shall be allowed to engage in any match if any of the following conditions are found by the physician: (a) Inguinal and/or abdominal hernia; (b) Organic heart murmurs; (c) Active pulmonary lesions; (d) Abnormal temperature as determined by the physician; (e) Blood pressure over 140/90 mm per hg; If the systolic pressure is above 140, the physician shall take the amateur’s blood pressure again either within twenty (20) minutes or on the day of the matches. Amateurs may fight with a systolic pressure over 140 at the discretion of the physician; (f) Active communicable disease, including skin lesions, such as boils or infected wounds as well as any other bacterial, viral, fungal, and/or mycobacterial communicable diseases, including tuberculosis; (g) Recent wounds, especially on face and ears; (h) Hand injury and/or, fracture(s) less than 6 weeks old, if, in the physician’s opinion, the injury would be detrimental to the amateur’s health or ability to effectively compete or exhibit; (i) An indication that the amateur is using or is under the influence of narcotics, drugs, stimulants, depressants, alcohol, local anesthetics or analgesics as to render the amateur unable to recognize if the amateur is seriously injured. (j) Dental abscess or loose tooth or teeth; (k) Ophthalmological problem(s) including but not limited to; Retinopathy or detached retina; provided however, that the applicant shall be permitted to participate in a match if the amateur provides, at or before the weigh-in, the written statement of a board certified ophthalmologist stating that the amateur’s retina is completely healed and that in the ophthalmologist’s expert medical opinion, no unusual or extraordinary risk to the amateur is anticipated as a result of the retinopathy or a previously detached retina. (l) History of epilepsy or seizures, provided however, that the applicant shall be permitted to participate in a match if the amateur provides, at or before the weigh-in, the written statement of a board certified neurologist stating that the epilepsy or seizure disorder is well-controlled and that in the neurologist’s expert medical opinion, no unusual or extraordinary risk to the amateur is anticipated as a result of the epilepsy or seizure disorder; (m) History of kidney problems, including solitary kidney; provided however, that the applicant shall be permitted to participate in a match if the amateur provides, at or before the weigh-in, the written statement of a board certified nephrologist stating that the kidney problem is resolved and that in the nephrologist’s expert medical opinion, no unusual or extraordinary risk to the amateur is anticipated as a result of the resolved kidney problem and/or solitary kidney; (n) History of blood clotting disorders or abnormal bleeding, including hemophilia and Von Willebrand disease; provided however, that the applicant shall be permitted to participate in a match if the amateur provides, at or before the weigh-in, the written statement of a board certified hematologist stating that the bleeding problem is well controlled and that in the hematologist’s expert medical opinion, no unusual or extraordinary risk to the amateur is anticipated as a result of the bleeding disorder; (o) Altered gait or balance; or (p) History of any abnormality in a computerized axial tomography (CAT) scan, electroencephalogram (EEG), electrocardiogram (EKG), magnetic resonance imaging (MRI) scan, or other similar medical tests. (6) Amateurs 40 years and older shall submit satisfactory results every twelve (12) months from the following prior to being approved for participation: (a) A normal EKG. (b) A normal MRI of the brain. (c) A Physical examination conducted by a licensed physician, either an MD or a DO and a letter stating that the applicant is physically fit to compete. (7) All amateurs with cuts and abrasions that require dressing, bandages, or band-aids must be approved to compete by a ringside physician prior to being cleared to participate. (8) Female participants are limited to participation with additional medical restrictions. If any of the following conditions exist, the athlete is not permitted to participate: (a) Pelvic disease states such as symptomatic endometriosis; (b) Abnormal vaginal bleeding; (c) Recent secondary amenorrhea of undetermined cause; (d) Recent breast bleeding; (e) Recently discovered breast masses; or (f) Confirmed pregnancy. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2)(j) FS. History–New 9-10-15, Amended 11-17-21, 8-6-23. 61K1-4.009 Post-Match Physical of Amateur; Suspension of Amateur Athlete. (1) Following each match, each amateur shall be examined by a physician licensed as an M.D. or D.O. The physician shall certify in writing the amateur’s physical condition and a professional assessment as to whether or not the amateur may need further medical treatment. (2) Physicians shall have a suitable place or room in which to make their examinations after each match. (3) The examination given all amateurs shall address the following: (a) Any injuries sustained during the match; (b) Dehydration; (c) Signs or symptoms of concussion; (d) Vision; (e) Balance. (4) The physician shall consider the need to prepare a suspension form, suspending the amateur from participating in future matches until cleared by a physician. (5) When an amateur is suspended under this rule, or for technical knockout or knockout, the physician who performs the post-match physical examination shall complete Form BPR-0009-578, “Suspension of Amateur Athlete,” (April 2016) adopted and incorporated herein by reference, which may be obtained at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07360. The “Suspension of Amateur Athlete” shall be signed by the amateur sanctioning organization’s representative or by the physician and a copy shall be provided to the amateur. Rulemaking Authority 548.003, 548.006 FS. Law Implemented 548.006, 548.0065, 548.046 FS. History–New 3-14-13, Amended 8-25-16. 61K1-4.011 Unprofessional or Unethical Conduct Unprofessional or unethical conduct, for amateur sanctioning organizations, as described in Section 548.071(4), F.S., shall include: (1) Making a misleading, deceptive, or fraudulent representation in or related to the practice of the licensee’s profession; (2) Misappropriating, misallocating, or mismanaging funds in relation to the practice of the licensee’s profession; (3) Delegating or contracting for the performance of professional responsibility by a person when the licensee delegating or contracting for performance of such responsibilities knows, or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them; (4) Falsifying or altering of records, applications, contracts, or other documents in the practice of the licensee’s profession; (5) Practicing or offering to practice beyond the scope permitted by law or accepting and performing the professional responsibilities the licensee knows, or has reason to know, the licensee is not competent and/or properly licensed to perform; (6) Discriminating on the basis of race, creed, religion, sex, age, or national origin, in the practice of a licensee’s profession as it relates to human rights and dignity of the individuals; (7) Exercising influence on any person in the practice of a licensee’s profession for the purpose of financial gain of the licensee or a third party; (8) Failing to report in writing to the commission or to the department within 30 days after any officers, trustees, partners, directors, or owners is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. A licensee must report the conviction, finding of guilt, plea, or adjudication entered before the effective date of this paragraph within 30 days after the effective date of this paragraph; (9) Impersonating another licensed practitioner, or permitting another person to use his or her license; (10) Providing false or incorrect information regarding the status of the license; (11) Failing to perform any statutory or legal obligation or attempting to violate any statutory or legal requirement placed upon a licensee; (12) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to the chapter regulating the profession, or the rules of the department or the commission; (13) Attempting to obtain, obtaining, or renewing a licensee to practice a profession by bribery, by fraudulent misrepresentation, or through an error of the department or the commission; (14) Violating any rule adopted by the commission or the department; (15) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding; (16) Repeatedly violating health and safety standards as laid out in these rules, or permitting other licensees or other individuals to repeatedly violate health and safety standards as laid out in these rules; (17) Refusing access to an event or program, or full access to the site of an event or match, including dressing rooms to any individuals designated by the Department or executive director to conduct compliance checks or investigations; (18) Having a license or the authority to practice a profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The licensing authority’s acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license; (19) Failing to report a change of address or other legally identifiable information to the Department within thirty (30) days of the date that the address or information was changed. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.071 FS. History–New 3-14-13. 61K1-4.012 Citations (1) Definitions. As used in this rule; (a) “Citation” means an instrument which is served upon a subject for the purpose of assessing a penalty in an amount established by this rule; (b) “Subject” means the licensee, applicant, person, partnership, corporation, or other entity alleged to have committed a violation designated in this rule. (2) In lieu of the disciplinary procedures contained in Section 548.071, F.S., the Department is hereby authorized to dispose of any violation designated herein by issuing a citation to the subject within six months after the filing of the complaint which is the basis for the citation. (3) Citations shall be issued for the first offense violations only unless otherwise specified. (4) The commission hereby designates possession of improper equipment or apparel, and/or failure to have the proper equipment or apparel as a citation violation for amateur sanctioning organizations, which shall result in a penalty of twenty-five dollars ($25.00). (5) The commission hereby designates the unlicensed practice of sanctioning or supervising an amateur match governed by Chapter 548, F.S. as a citable violation that carries a penalty of a fine of $1,000, and costs of the investigation for first offense. (6) The commission hereby designates the unlicensed practice of sanctioning or supervising an amateur match governed by Chapter 548, F.S. as a citable violation that carries a penalty of a fine of $2,500, and costs of the investigation for the second offense. Rulemaking Authority 548.003, 548.075 FS. Law Implemented 548.003(2), 548.07, 548.075 FS. History–New 3-14-13. 61K1-4.013 Notices of Non-Compliance. (1) In accordance with Section 120.695(1), F.S., the agency shall provide a licensee with a notice of non compliance for an initial offense of a minor violation. Failure of a licensee to take action in correcting the violation within 15 days after notice may result in the institution of regular disciplinary proceedings. “Minor violations” as used in Section 120.695(1), F.S., are defined as follows: (a) Apparel violations that do not constitute a safety risk to amateurs; (b) Equipment violations that do not constitute a safety risk to amateurs; (c) Sanitation violations that do not constitute a safety risk to amateurs; (d) Locker room/Cage-side protocol violations that do not constitute a safety risk to amateurs. Rulemaking Authority 120.695 FS. Law Implemented 120.695 FS. History–New 3-14-13. 61K1-4.014 Records. (1) All licensees shall maintain a full, true, and accurate set of books and records in connection with all licensed activities. (a) The records shall be made at or near the time of the occurrence recorded by a person with knowledge of the matters recorded. (b) These records and any other documents required by statute or commission rule shall be kept for at least five years and shall be open to inspection and audit by representatives of the department or commission upon reasonable notice. (2) The following is a list that includes records that must be maintained by amateur sanctioning organizations holding matches: (a) Amateur medical records related to weigh-in and pre-match physical requirements as set forth in Rule 61K1-7.007, F.A.C., that the amateurs submits to the amateur sanctioning organization prior to participating in matches; (b) Bout cards; (c) Weigh-in documentation; (d) All documentation submitted to the commission for licensure and permit approval; (e) HIPAA Medical Records Release obtained from amateurs related to medical records obtained prior to participating in matches; (f) Documentation evidencing referees’ and physicians’ qualifications. (3) The following is a list that includes records that must be maintained by non-profit schools of amateur boxing, kickboxing, and martial arts as described under Section 548.007(1), F.S: (a) Documentation supporting instruction schedules and locations; (b) Documentation related to each student illustrating hours of instruction each student has obtained prior to participating in matches, including receipts of payment for instruction; (c) Students’ medical records provided prior to matches; (d) Documentation evidencing non-profit status from the Internal Revenue Service; (e) This documentation is necessary to establish the school’s exemption from Chapter 548, F.S. Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.004, 548.0065, 548.007, 548.011 FS. History–New 3-14-13. 61K1-4.015 Disciplinary Guidelines. (1) The commission shall act in accordance with the following guidelines when it finds the enumerated violations in disciplinary cases. The commission shall impose a penalty within the range of each applicable disciplinary violation set forth below unless the commission finds an aggravating or mitigating circumstance, in which case the commission may deviate from the guideline penalty. The following disciplinary guidelines shall be followed by the commission in imposing disciplinary penalties upon licensees for violation of the noted statutes and rules: (a) Being guilty of violating Chapter 548, F.S. or the rules of the commission. (Section 548.071(1), F.S.)

MINIMUM MAXIMUM

FIRST OFFENSE $250 fine Denial of licensure or $5,000 fine and suspension to be followed by a term of probation.

SECOND OFFENSE $500 fine and probation Denial of licensure or revocation.

(b) Having commited fraud or deceit in securing any license or permit. (Section 548.071(2), F.S.)

MINIMUM MAXIMUM

FIRST OFFENSE $1000 fine and probation Denial of licensure or $5,000 fine and suspension to be followed by a term of probation.

SECOND OFFENSE $5000 fine and suspension Denial of licensure or $5,000 fine and revocation.

(c) Having an officer, trustee, partner, director, or owner who has been convicted of, having pleaded guilty to, or having entered a plea of nolo contendere to, or having been found guity of a crime involving moral turpitude in any jurisdiction within 10 years preceding the suspension or revocation. (Section 548.071(3), F.S.)

MINIMUM MAXIMUM

FIRST OFFENSE $500 fine and probation Denial of licensure or $5,000 fine and suspension to be followed by a term of probation.

SECOND OFFENSE $1000 fine and suspension Denial of licensure or $5,000 fine and revocation.

(d) Being guilty of unprofessional or unethical conduct. (Section 548.071(4), F.S.)

MINIMUM MAXIMUM

FIRST OFFENSE $250 fine Denial of licensure or $5,000 fine and suspension to be followed by a term of probation.

SECOND OFFENSE $500 fine and probation Denial of licensure or $5,000 fine and revocation.

(e) Having made a misstatement of a material fact, fraudulently concealed a material fact, or induced or aided another person in misstating or concealing any material fact in any application or other proceeding under Chapter 548, F.S. (Section 548.071(5), F.S.)

MINIMUM MAXIMUM

FIRST OFFENSE $1000 fine Denial of licensure or $5,000 fine and suspension to be followed by a term of probation.

SECOND OFFENSE $2000 fine and probation Denial of licensure or $5,000 fine and revocation.

(f) Having loaned her or his license or permit to another person or having borrowed or used the license or permit of another. (Section 548.071(9), F.S.)

MINIMUM MAXIMUM

FIRST OFFENSE $1000 fine and probation Denial of licensure or $2,000 fine and suspension to be followed by a term of probation.

SECOND OFFENSE $300 fine and suspension Denial of licensure or $5,000 fine and revocation.

(g) Having employed a person who does not hold a license or permit as required by law. (Section 548.071(10), F.S.)

MINIMUM MAXIMUM

FIRST OFFENSE $500 fine Denial of licensure or $1,000 fine and suspension to be followed by a term of probation.

SECOND OFFENSE $3000 fine and probation Denial of licensure or $5,000 fine and revocation.

(h) Having been disciplined by the commission or similar agency or body of any jursidiction. (Section 548.071(12), F.S.)

MINIMUM MAXIMUM

FIRST OFFENSE $1,000 fine and same penalty imposed by the other jurisdiction Denial of licensure or $5,000 fine and suspension $5,000 fine and suspension to be followed by a term of probation or revocation.

SECOND OFFENSE $3,000 fine and same penalty imposed by the other jurisdiction Denial of licensure or $5,000 fine and revocation.

(i) Having failed to pay a fine imposed under Chapter 548, F.S. (Section 548.071(13), F.S.)

MINIMUM MAXIMUM

FIRST OFFENSE $1,000 fine Denial of licensure or $3,000 fine and suspension to be followed by a term of probation or revocation.

SECOND OFFENSE $5,000 fine and probation Denial of licensure or $5,000 fine and revocation.

(2) Based upon consideration of the following factors, the commission may impose disciplinary action other than the penalties recommended above: (a) The danger to the public; (b) The length of time since date of violation; (c) The number of complaints filed against the licensee; (d) The length of time licensee or registrant has practiced; (e) The actual damage, physical or otherwise, caused by the violation; (f) The deterrent effect of the penalty imposed; (g) The effect of the penalty upon the licensee’s or registrant’s livelihood; (h) Any efforts for rehabilitation; (i) The actual knowledge of the licensee or registrant pertaining to the violation; (j) Attempts by licensee or registrant to correct or stop violations or refusal by licensee or registrant to correct or stop violations; (k) Related violations against a licensee or registrant in another state including findings of guilt or innocence, penalties imposed and penalties served; (l) Actual negligence of the licensee or registrant pertaining to any violations; (m) Any other mitigating or aggravating circumstances. (3) The provisions of subsections (1) and (2) above, shall not be construed so as to prohibit civil action or criminal prosecution, and the provisions of subsections (1) and (2) above, shall not be construed so as to limit the ability of the commission to enter into binding stipulations with accused parties as per Section 120.57(3), F.S. (4) In every case the commission imposes a monetary fine, it shall also suspend the Respondent’s license(s). However, to enable the Respondent to pay the fine, the suspension shall be stayed for the time period specified in the commission’s final order. If the fine is paid within that time period, the suspension shall not take effect; if the fine is not paid within that time period, then the stay shall expire and the suspension shall take effect. Thereafter, upon payment of the fine, the suspension shall be lifted. Rulemaking Authority 548.003 FS. Law Implemented 548.071, 548.075 FS. History–New 3-14-13. 61K1-4.016 Boxing Weight Classes; Weigh-In. (1) Weight Classes. (a) Bantam Class.

1. No boxing match shall be permitted when there is a difference of weight between the bantam class amateurs that is greater than 5 pounds. (b) The following weight classes and differentials apply to amateurs in the Junior Class, Intermediate Class, and Senior Class, including all amateurs ages sixteen (16) years and younger: Name Weight (lbs)

Pinweight 100 or less

Light Flyweight 101 to 106

Flyweight 106 to 110

Light Bantamweight 110 to 114

Bantamweight 114 to 119

Featherweight 119 to 125

Lightweight 125 to 132

Light Welterweight 132 to 138

Welterweight 138 to 145

Light Middleweight 145 to 154

Middleweight 154 to 165

Light Heavyweight 165 to 176

Heavyweight 176 to 198

Super Heavyweight 198 and above

1. No boxing match shall be permitted when there is a difference of weight between the junior class, intermediate class, and senior class amateurs that is greater than 5 pounds. (c) The following weight classes and differentials apply to amateurs in the Adult class and Master class, including all amateurs ages seventeen (17) and older: Name Weight (lbs) Weight Differential (lbs)

Light Flyweight Less than 108

Flyweight 109 to 114 6

Bantamweight 115 to 123 8

Lightweight 124 to 132 8

Light Welterweight 133 to 141 8

Welterweight 142 to 152 10

Middleweight 153 to 165 12

Light Heavyweight 166 to 179 13

Heavyweight 180 to 201 22

Super Heavyweight 202 and above unlimited

(2) The commission may approve weight classes outside of these ranges on a case by case basis for tournaments, qualifying for the Junior Olympics or the Olympics or for participating in the Junior Olympics or Olympics. Requests for approval shall be submitted to the commission office no less than 30 days prior to the event for review. (3) Additional Weight Class restrictions: (a) Amateur sanctioning organizations shall not permit amateurs to participate outside of the weight spread permitted in the weight class of the lightest amateur. (b) When matches involve amateurs with a crossover of age classes, the weight difference allowed between the amateurs will be that of the younger aged amateur’s class. (4) Weigh-in. (a) Amateurs shall be weighed within 28 hours of the scheduled match, at a time and place designated by the amateur sanctioning organization, in the presence of the amateur sanctioning organization supervisor on scales approved by the amateur sanctioning organization. (b) All weights shall be taken with the amateurs stripped of clothing and other weight bearing objects. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065 FS. History–New 3-14-13. 61K1-4.017 Boxing Conduct of Bout; Rounds. (1) All matches are to be designated as amateur. (a) If advertising is conducted, the advertising shall clearly indicate the matches are amateur. Advertisements may use the ring name or nickname of an amateur provided the full legal name of the amateur is also included. (b) No event shall have both amateur and professional matches. (2) Conduct of Bout for all age groups: (a) Matches between a male amateur and female amateur are not permitted. (b) Any individual who has competed anywhere in the world as a professional in combat sports, including, but not limited to boxing, mixed martial arts, Tough-Man competitions, kickboxing, and cage fighting, is prohibited from competing in amateur boxing, kickboxing, and mixed martial arts in the State of Florida. (c) All amateurs must enter and compete in all matches under their own legal names as verified by a valid government-issued form of identification. This does not prohibit the use of a ring name or nickname during fighter introductions. (d) Matches between a minor (16 years and younger) and an adult (18 years and older) are prohibited. Amateur sanctioning organizations are responsible for verifying age prior to permitting amateurs to compete. (e) Excessive coaching from corner is prohibited. Cornermen must remain seated in the designated chairs throughout the entire round. (f) When an amateur is knocked out or injured, no one is allowed in the ring until authorized by a referee or physician. (g) In the event that a fighter is knocked down, the referee will send the standing fighter to the furthest neutral corner and count over the downed fighter. The referee is required to reach the count of eight prior to allowing the bout to continue. A knock down is anytime a part of the amateur’s body other than the soles of the feet touch the ground or would have touched the ground if the fighter had not grabbed the ropes or his opponent, as the result of a legal strike. (h) In the event that a fighter is hurt, but not knocked down, and the referee is not in position to immediately determine if the bout should be stopped, he may stop the action and send the undamaged fighter to the furthest neutral corner and evaluate the damaged fighter while administering an eight count. (i) Amateur sanctioning organizations shall not permit more than two amateurs to participate in any match. (j) No one under the age of 8 years old shall be permitted to participate in amateur boxing. (k) When matches involve a crossover of age classes, the length of the rounds will be that for the younger-aged amateur’s class. (l) Amateurs may compete against amateurs from one age class above or below their age class. Amateurs under the age of sixteen (16) may not compete against amateurs with more than a 24-month difference in age, based on the amateurs’ actual birthdates. (m) Advance notices for all amateur boxing events shall be filed by the amateur sanctioning organization, with the commission at least the (10) days before the date of each match. (3) Conduct of Bout for Bantam Class: (a) Amateurs aged eight (8), nine (9), and ten (10) are in the Bantam Class; (b) Eight (8) year olds can only box eight (8) and nine (9) year olds; (c) Nine (9) year olds can only box eight (8), nine (9) and ten (10) year olds; (d) Ten (10) year olds can only box nine (9) and ten (10) year olds; (e) The rounds shall consist of three one (1) minute rounds, with one minute between each round. (4) Conduct of Bout for Junior Class: (a) Amateurs aged eleven (11) and twelve (12) are in the Junior Class; (b) The rounds shall consist of three one (1) minute rounds, with one minute between each round. (5) Conduct of Bout for Intermediate Class: (a) Amateurs aged thirteen (13) and fourteen (14) are in the Intermediate Class; (b) The rounds shall consist of three one-and-a-half (1.5) minute rounds, with one minute between each round. (6) Conduct of Bout for Senior Class: (a) Amateurs aged fifteen (15) and sixteen (16) are in the Senior Class; (b) The rounds shall consist of three two (2) minute rounds, with one minute between each round. (7) Conduct of Bout for Adult Class: (a) Amateurs aged seventeen (17) through thirty-four (34) are in the Adult Class; (b) The rounds shall consist of no more than three three-minute rounds or five two-minute rounds, with one minute between each round. (8) Conduct of Bout for Master Class: (a) Amateurs aged thirty-five (35) and up are in the Master Class; (b) The rounds shall consist of three two-minute rounds, with one minute between each round. (9) Fouls generally for all age groups include but are not limited to: (a) All illegal techniques qualify as fouls, and shall be called by the referee and stopped immediately upon the referee calling the foul. Referees shall not permit amateurs to continue to foul opponents. (b) A referee having any reason to believe that a foul has been committed, which said referee did not witness, may consult the judges and will make an appropriate decision according to the majority of the judges who saw the blow. (10) Illegal Techniques (fouls) for all age classes: (a) Hitting below the belt, holding, tripping, kicking and head butting; (b) Hits or blows with head, shoulder, forearm, elbow, throttling of the opponent, pressing with arm or elbow in opponent’s face, pressing the head of the opponent back over the ropes; (c) Hitting with open glove, the inside of the glove, wrist or side of the hand; (d) Hits landing on the back of the opponent, and especially any blow on the back of the neck or head and kidney punch; (e) Hitting while holding the ropes or making any unfair use of the ropes; (f) Lying on, wrestling, and throwing in the clinch; (g) Hitting an opponent who is down or who is in the act of rising; (h) Holding; (i) Holding and hitting or pulling and hitting; (j) Holding, or locking, of the opponent’s arm or head, or pushing an arm underneath the arm of the opponent; (k) Ducking below the belt of the opponent in a dangerous manner; (l) Completely passive defense by means of double cover and intentionally failing to avoid a blow; (m) Not stepping back when ordered to break; (n) Attempting to strike opponent immediately after the referee has order, “break” and before taking a step back; (o) Assaulting or behaving in an aggressive manner toward a referee at any time; (p) Spitting out mouthpiece; (q) Pushing, shoving. (11) Rounds: (a) No amateur shall be permitted to participate in any amateur match on more than one day in any seven. Exceptions may be made by the executive director or his designee for regularly sanctioned tournaments held in the same venue requiring two or more days to compete, so long as the matches are held within a reasonable time. Requests for approval shall be made to the commission office no later than 10 days prior to the matches. (b) The duration of each round of a men’s boxing match shall be 3 minutes with 1-minute rest intervals between rounds. (c) The duration of each round of a women’s boxing match shall be 2 minutes with 1-minute rest intervals between rounds. (d) A boxing match may be scheduled for no more than five rounds. (12) Participation in subsequent matches: (a) Any amateur who loses by way of a TKO shall not participate in any match for a minimum of thirty (30) days, unless cleared by a neurologist to return sooner. (b) Any amateur who loses by way of KO shall not participate in any match for a minimum of sixty (60) days. (c) Amateurs shall receive a mandatory seven-day rest period after competing in a match. Day 1 of the mandatory rest period shall commence on the first day following the event. (d) If the physician suspends an amateur based on a post-match physical, the amateur shall comply with all the stipulations listed by the physician in the suspension, including clearance by a physician licensed as an M.D. or D.O., prior participating in further matches. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065, 548.057 FS. History–New 3-14-13, Amended 10-6-25. 61K1-4.018 Boxing Apparel. (1) Each male amateur shall wear the following: (a) Traditional boxing trunks must be worn, the belt of which shall not extend above the waistline; (b) A protective cup or groin protector as approved by the amateur sanctioning organization representative; (c) An abdominal guard of standard type which provides sufficient protection to withstand any low blow without inhibiting an opponent’s ability to land a legal blow; (d) Shoes made for the purpose of boxing; (e) A sleeveless athletic shirt of a different color from the waistband of the trunks; (f) Competitive headgear made to USA Boxing, AIBA, or the Amateur Boxing Federation specifications. The inner casing of the headgear shall be lined with 1 1/2 – ounce tanned, unfinished leather; (g) Ear protection with 1/2 inch flat foam rubber on the outside, fitted in a semi-circle. (2) Each female amateur shall wear the following: (a) A protective cup or protective pelvic girdle to cover the pubic area, ovaries, coccyx and sides of the hips is optional; (b) Shoes made for the purpose of boxing; (c) A sleeveless athletic shirt of a different color from the waistband of the trunks; (d) Competitive headgear made to USA Boxing, AIBA, or the Amateur Boxing Federation specifications. The inner casing of the headgear shall be lined with 1 1/2 – ounce tanned, unfinished leather; (e) Ear protection with 1/2ꞌꞌ inch flat foam rubber on the outside, fitted in a semi-circle. (3) For female amateurs, breast protectors are optional. (4) An individually fitted mouthpiece, which mouthpiece shall be in the amateur’s mouth at all times during the match period of each round as provided by these rules. (5) Illegal apparel: (a) Eyeglasses; (b) Shoes with spikes, tassels, cleats, or heels; (c) Any type of apparel with metal straps, buckles, necklaces or any other type of jewelry. (6) Amateurs may wear soft contact lenses. Hard contact lenses are forbidden. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065, 548.006 FS. History–New 3-14-13. 61K1-4.019 Boxing Bandages; Handwraps; Gloves. (1) Bandages and Handwraps: (a) All amateurs shall wear hand wraps that are made of cotton gauze, or soft surgical gauze, or velpeau. (b) Cotton/soft surgical gauze: 15 yards of 2-inch gauze and a minimum of 3 feet, and a maximum of 6ꞌ feet of 1ꞌꞌ-inch adhesive tape per hand. The tape must be applied 1 inch behind the knuckles. Only 3/4ꞌꞌ inch tape may be applied between fingers and may not cover the striking surface of the hand. (c) Velpeau: An amateur electing to use velpeau is allowed to use a minimum of 3ꞌ feet and a maximum of 6ꞌ feet of 1ꞌꞌ-inch adhesive tape per hand. (d) The amateur sanctioning organization representative must inspect all handwraps, and must sign across the knuckles of the hand wrappings before the gloves are secured on the hands. The amateur sanctioning organization is responsible for the amateurs’ compliance with the bandages and handwraps requirements. (2) Gloves: (a) When the heavier of the two amateurs weighs 152 pounds or less, both amateurs shall use 10 ounce gloves. When the heavier of the two amateurs weighs more than 152 pounds, both amateurs shall use 12 ounce gloves. (b) Amateurs 35 years and older shall use approved 16 oz gloves, regardless of their weight. (c) Both amateurs shall use the same manufacturer of gloves. (d) Prior to the beginning of each match each glove of each amateur shall be examined and approved or disapproved by the amateur sanctioning organization representative and referee. Any glove intended to be used by a amateur in a match shall be whole, clean, in sanitary condition and shall have the thumb attached. Gloves shall be in good condition. If the padding in a glove is found to be misplaced or lumpy, or if the glove shows evidence of breaking, roughing or twisting, the glove shall be disapproved and shall not be used. The match shall not begin or continue unless an approved glove has been substituted for the disapproved glove. (e) Laces of gloves shall be knotted on the back of the wrist and tape shall be applied over the laces so as to prevent injury to the opponent. Velcro shall be located on the back of the wrist and tape shall be applied over the Velcro. (f) Gloves shall be adjusted under the supervision of the amateur sanctioning organization representative. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065 FS. History–New 3-14-13. 61K1-4.020 Kickboxing Weight Classes; Weigh-In. (1) Weight Classes: Name Weight (lbs) Weight Differential (lbs)

Junior Atomweight 50 lbs to 55 lbs 5

Junior Flyweight 55.1 lbs to 60 lbs 5

Junior Bantamweight 60.1lbs to 65 lbs 5

Junior Featherweight 65.1 lbs to 70 lbs 5

Junior Lightweight 70.1 lbs to 75 lbs 5

Junior Welterweight 75.1 lbs to 80 lbs 5

Junior Middleweight 80.1 lbs 85 lbs 5

Junior Light Heavyweight 85.1 lbs to 90 lbs 5

Junior Cruiserweight 90.1 lbs to 95 lbs 5

Junior Heavyweight 95.1 lbs to 100 lbs 5

Straw-weight 100.1 lbs to 105 lbs 5

Atomweight 105.1 lbs to 112 lbs 5

Flyweight 112.1 lbs to 117 lbs 5

Bantamweight 117.1 lbs to 122lbs 5

Featherweight 122.1 lbs to 127lbs 5

Lightweight 127.1 lbs to 132lbs 5

Super Lightweight 132.1 lbs to 137 lbs 5

Light Welterweight 137.1 lbs to 142 lbs 5

Welterweight 142.1 lbs to 147 lbs 7

Super Welterweight 148 lbs to 153 lbs 7

Light Middleweight 153.1 lbs to 159 lbs 7

Middleweight 159.1 lbs to 165 lbs 7

Super Middleweight 165.1 lbs to 172 lbs 7

Light Heavyweight 172.1 lbs to 179 lbs 7

Light Cruiserweight 179.1 lbs to 186 lbs 7

Cruiserweight 186.1 lbs to 195 lbs 12

Heavyweight 195.1 lbs to 215 lbs 20

Super Heavyweight 215.1 lbs to 235 lbs 20

Extreme Heavyweight 235.1 and up No limit

(2) Additional Weight Class restrictions: (a) Amateur sanctioning organizations shall not permit amateurs to participate outside of the weight spread permitted in the weight class of the lightest amateur. (b) No kickboxing match shall be permitted with a weight difference greater than the weight differentials listed above. (c) Amateurs under the age of eighteen (18) may not compete against amateurs with more than a twenty-four (24) month difference in age, based on the amateurs’ actual birthdates. (d) Amateurs under the age of eighteen (18) may not compete against amateurs age eighteen (18) and older. (e) When matches involve amateurs with a crossover in weight classes, the weight difference allowed between the amateurs will be that of the lighter of the amateurs. Amateurs may only complete against amateur participants in their weight class, or the weight class immediately above or below their weight class. (f) Amateur sanctioning organizations may call the weight classes any title, but must comply with the weight and weight differential requirements. (3) Weigh-in: (a) Amateurs shall be weighed within 28 hours of the scheduled match, at a time and place designated by the amateur sanctioning organization, in the presence of the amateur sanctioning organization supervisor on scales approved by the amateur sanctioning organization. (b) All weights shall be taken with the amateurs stripped of clothing down to trunks for male amateurs and trunks and sports bra or tank top for female amateurs and other weight bearing objects. (c) An amateur is not permitted to lose more than 3 percent of the initial body weight, as recorded by the amateur sanctioning organization for the amateur’s first weight taken during the weigh-in, to make weight. (4) The commission may approve weight classes outside of these ranges on a case by case basis for nationally or internationally recognized tournaments. Requests for approval shall be submitted to the commission office no less than 30 days prior to the event for review. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065 FS. History–New 3-14-13. 61K1-4.021 Kickboxing Conduct of Bout; Rounds. (1) All matches are to be designated as amateur. (a) If advertising is conducted, the advertising shall clearly indicate the matches are amateur. Advertisements may use the ring name or nickname of an amateur provided the full legal name of the amateur is also included. (b) No event shall have both amateur and professional matches. (2) Conduct of Bout for all age groups: (a) Any individual who has competed anywhere in the world as a professional in combat sports, including, but not limited to boxing, mixed martial arts, Tough-Man competitions, kickboxing, and cage fighting, is prohibited from competing in amateur boxing, kickboxing, and mixed martial arts in the State of Florida. (b) All amateurs must enter and compete in all matches under their own legal names as verified by a valid government-issued form of identification. This does not prohibit the use of a ring name or nickname during fighter introductions. (c) Matches between a male amateur and female amateur are not permitted. (d) Matches between an amateur who is under the age of eighteen (18) and an adult (18 years and older) are prohibited. (e) No individual under the age of 8 years old shall be permitted to participate in amateur kickboxing. Amateur sanctioning organizations are responsible for ensuring that amateurs are 8 years or older. All amateurs must provide proof of age upon request, such as a notarized copy of their birth certificate or a government issued form of identification. Amateurs under the age of eighteen shall be referred to as junior amateurs. Amateurs ages eighteen and older shall be considered adult amateurs. (f) Excessive coaching from the corner is prohibited. Cornermen must remain seated in the designed chairs throughout the entire round. Only one cornerman will be allowed in the ring during the rest periods. (g) When an amateur is knocked out or injured, no one is allowed in the cage/ring until authorized by a referee or physician. (h) Amateur sanctioning organizations shall not permit more than two amateurs to participate in any match. (i) In the event that an amateur is knocked down, the referee will send the standing amateur to the furthest neutral corner and count over the downed amateur. The referee is required to reach the count of eight prior to allowing the bout to continue. A knock down is anytime a part of the amateur’s body other than the soles of the feet touch the ground or would have touched the ground if the amateur had not grabbed the ropes or his opponent, as the result of a legal strike. (j) In the event that an amateur is hurt, but not knocked down, and the referee is not in position to immediately determine if the bout should be stopped, he may stop the action and send the undamaged amateur to the furthest neutral corner and evaluate the damaged amateur while administering an eight count. (k) Advance notices for all amateur kickboxing events shall be filed by the amateur sanctioning organization, with the commission at least the (10) days prior to the date of each match. (3) Fouls Generally for all age groups: (a) All illegal techniques qualify as fouls, and shall be called by the referee and stopped immediately upon the referee calling the foul. Referees shall not permit amateurs to continue to foul opponents. (b) A referee having any reason to believe that a foul has been committed, which said referee did not witness, may consult the judges and will make an appropriate decision according to the majority of the judges who saw the blow. (4) Fouls listed, all ages: (a) Head butting; (b) Striking with the elbow to any target (not a foul for Muay Thai amateurs aged 18 years and older when both amateurs agree to use elbows); (c) Striking with the knee to the head; (d) Striking or kicking to the groin; (e) Intentional striking or kicking to the back of the head, the neck, or to the throat; (f) Striking the spine; (g) Punching or kicking an amateur when he is down. An amateur is considered down when any part of his body other than his feet touches the floor. If an amateur is on his way to the floor, his opponent may continue to attack until he has touched the floor with any part of his body other than his feet; (h) Take downs, other than legal sweeps (Exception for Muay Thai and San Shou); (i) Intentionally pushing, shoving or wrestling an opponent out of the ring with any part of the body; (j) Attacking on the break when both amateurs have been instructed to take a step back by the referee; (k) Attacking after the bell has sounded to end the round; (l) Holding and hitting; such as holding with one hand, especially behind the neck, and hitting with the other hand; (m) Holding the ropes with one hand while striking or defending with the other hand or the legs; (n) Hitting or flicking with an open glove or thumb, or striking with the inside, or bottom of the glove; (o) Clinching – holding or otherwise tying-up an opponent's arm to prohibit him from punching. (5) For amateurs aged fourteen years or younger, striking with the knee to any part of an opponent’s body, except in Muay Thai style kickboxing matches, shall be considered a foul. (6) Rounds: (a) No amateur shall be permitted to participate in any match on more than one day in any seven. Exceptions may be made by the executive director or his designee for regularly sanctioned tournaments held in the same venue requiring two or more days to compete, so long as the matches are held within a reasonable time. Requests for approval shall be made to the commission office no later than 10 days prior to the matches. (b) For junior participants aged 8 to 15, the rounds shall be no more than three ninety-second rounds with one minute between each round. (c) For junior participants (aged 16 and 17), the rounds shall be no more than three two (2) minute rounds with one minute between each round. (d) For adult participants, the rounds shall be no more than five two (2) minute rounds with one minute between each round. (e) An adult amateur kickboxing match shall be scheduled for not more than five rounds. (7) Participation in subsequent matches: (a) Any amateur who loses by way of a TKO shall not participate in any match for a minimum of thirty (30) days, unless cleared by a neurologist to return sooner. (b) Any amateur who loses by way of KO (Knock out) shall not participate in any match for a minimum of sixty (60) days. (c) Amateurs shall receive a mandatory ten-day rest period after competing in a match. Day 1 of the mandatory rest period shall commence on the first day following the event. (d) If the physician suspends an amateur based on a post-match physical, the amateur shall comply with all the stipulations listed by the physician in the suspension, including clearance by a physician licensed as an M.D. or D.O., prior to participating in further matches. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065 FS. History–New 3-14-13, Amended 3-10-20, 10-6-25. 61K1-4.022 Kickboxing Apparel. (1) Each male amateur shall wear the following: (a) Traditional boxing trunks or Thai boxing shorts must be worn, the belt of which shall not extend above the waistline. Long pants with an elastic waistband may be worn in Full Contact/American Style kickboxing matches; (b) A protective cup or groin protector as approved by the amateur sanctioning organization representative; (c) Shin and instep protective pads, provided by the promoter, approved of by amateur sanctioning organization’s representative. (2) Each female amateur shall wear the following: (a) Traditional boxing trunks or Thai boxing shorts must be worn, the belt of which shall not extend above the waistline. Long paints with an elastic waistband may be worn in Full Contact/American Style kickboxing matches; (b) A close fitting tank or halter type top; (c) Shin and instep protective pads, provided by the promoter, approved of by amateur sanctioning organization’s representative; (d) A protective cup or protective pelvic girdle to cover the pubic area, ovaries, coccyx and sides of the hips is optional; (e) Breast protectors are optional. (3) All amateurs shall wear an individually fitted mouthpiece, which shall be in the amateur’s mouth at all times during the matches. (4) Muay Thai amateurs aged 18 and older must wear elbow pads constructed of non-abrasive material, minimum 1/2ꞌꞌ inch thick around the impact area of the elbow if both amateurs agree to use elbows. (5) Prohibited apparel: (a) Eyeglasses; (b) Shoes; (c) Any type of apparel with metal straps, buckles, necklaces or any other type of jewelry. (6) Amateurs may wear soft contact lenses. Hard contact lenses are forbidden. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065 FS. History–New 3-14-13, Amended 11-16-20, 7-8-21, 10-6-25. 61K1-4.023 Kickboxing Bandages; Handwraps; Gloves. (1) Bandages and Handwraps: (a) The wrapping of hands is not mandatory. Amateurs who wish to wrap their hands shall be responsible for their own gauze and tape or approved commercial hand wraps. (b) Gauze shall be of the soft or soft-stretch type, and shall not exceed 2ꞌꞌ inches in width. Tape shall be of the soft adhesive type and shall not exceed 1.5ꞌꞌ inches in width. One ten yard roll of gauze, and not more than two yards of tape, are the maximum allowable amounts for each hand. (c) Gauze shall be for the protection of the hand only. Tape shall be present only to hold the gauze in place, with NO TAPE allowed over the front of the knuckles (striking surface) and only 1 strip between the fingers not to exceed 1/4ꞌꞌ in width and 4" in length. (d) The amateur sanctioning organization representative must inspect all handwraps, and must sign across the knuckles of the hand wrappings before the gloves are secured on the hands. The amateur sanctioning organization is responsible for the amateur’s compliance with the bandages and handwraps requirements. (e) A single elastic or neoprene style supportive sleeve may be worn on each foot and around each knee as long as it has no padding, braces, hinges, or anything that could injure the wearer or his opponent or create an advantage of any kind. These sleeves shall be of the size that does not extend beyond a point necessary to support the ankle or knee subject to the approval of the amateur sanctioning organization supervisor. (2) Gloves: (a) When the lighter of the two amateurs weighs 152 pounds or less, both amateurs shall use 10 ounce gloves. When the lighter of the two amateurs weighs more than 152 pounds, both amateurs shall use 12 ounce gloves. (b) Both amateurs shall use the same manufacturer of gloves. (c) Prior to the beginning of each match each glove of each amateur shall be examined and approved or disapproved by the amateur sanctioning organization representative and the referee. Any glove intended to be used by a amateur in a match shall be whole, clean, in sanitary condition and shall have the thumb attached. Gloves shall be in good condition. If the padding in a glove is found to be misplaced or lumpy, or if the glove shows evidence of breaking, roughing or twisting, the glove shall be disapproved and shall not be used. The match shall not begin or continue unless an approved glove has been substituted for the disapproved glove. (d) Laces of gloves shall be knotted on the back of the wrist and tape shall be applied over the laces so as to prevent injury to the opponent. Velcro shall be located on the back of the wrist and tape shall be applied over the Velcro. (e) Gloves shall be adjusted under the supervision of the amateur sanctioning organization representative. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065 FS. History–New 3-14-13. 61K1-4.024 Mixed Martial Arts Weight Classes; Weigh-In. (1) Weight Classes: Name Weight (lbs) Weight Differential (lbs)

Flyweight 125 and under 5

Bantam weight 126-135 5

Featherweight 136-145 6

Lightweight 146-155 6

Welterweight 156-170 7

Middleweight 171-185 8

Light Heavyweight 186-205 10

Cruiser heavyweight 206-230 15

Heavyweight 231-265 15

Super Heavyweight Over 266 Unlimited

(2) Amateur sanctioning organizations shall not permit amateurs to participate outside of the weight spread permitted in the weight class of the lightest amateur. (3) Weigh-in: (a) Amateurs shall be weighed within 28 hours of the scheduled match, at a time and place designated by the amateur sanctioning organization, in the presence of the amateur sanctioning organization supervisor on scales approved by the amateur sanctioning organization. (b) All weights shall be taken with the amateurs stripped of clothing and other weight bearing objects. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065 FS. History–New 3-14-13. 61K1-4.025 Mixed Martial Arts Conduct of Bout; Rounds. (1) All matches are to be designated as amateur. (a) If advertising is conducted, the advertising shall clearly indicate the matches are amateur. Advertisements may use the ring name or nickname of an amateur provided the full legal name of the amateur is also included. (b) No event shall have both amateur and professional matches. (2) Any individual who has competed anywhere in the world as a professional in combat sports, including, but not limited to boxing, mixed martial arts, Tough-Man competitions, kickboxing, and cage fighting, is prohibited from competing in amateur boxing, kickboxing, and mixed martial arts in the State of Florida. (3) All amateurs must enter and compete in all matches under their own legal names as verified by a valid government issued form of identification. This does not prohibit the use of a ring name or nickname during fighter introductions. (4) No one under the age of 18 years old shall be permitted to participate in amateur mixed martial arts. Amateur sanctioning organizations are responsible for ensuring that amateurs are 18 years or older. All amateurs must provide proof of age upon request, such as a notarized copy of their birth certificate or a government issued form of identification. (5) Matches between a male amateur and female amateur are not permitted. (6) Excessive coaching from the corner is prohibited. Cornermen must remain seated in the designated chairs throughout the entire round. If the match is held in a ring, only one cornerman will be allowed in the ring during the rest period. If the match is held in a cage, then two cornermen will be allowed in the cage during the rest period. (7) When an amateur is knocked out or injured by submission, no one is allowed in the cage/ring until authorized by a referee or physician. (8) The referee, the physician, or the amateur may stop the match at any point. The referee or the physician shall have the power to stop a bout at any point during the bout, if he sees that either amateur is in such condition that to continue might subject him or her to serious injury. (9) If both amateurs have gone to the ground and neither is actively working to improve his position then they shall be separated and stood up by the referee. The referee shall immediately restart the bout from the standing position. (10) If one amateur has gone to the ground and the other amateur refuses to pursue his opponent to the ground and fails to administer legal strikes from the standing position, the referee shall “stand up” the downed amateur and re-engage the bout. (11) Amateur sanctioning organization shall not permit more than two amateurs to participate in any match. (12) Advance notices for all amateur mixed martial arts events shall be filed by the amateur sanctioning organization, with the commission at least ten (10) days before the date of each match. (13) Fouls Generally: (a) All illegal techniques qualify as fouls, and shall be called by the referee and stopped immediately upon the referee calling the foul. Referees shall not permit amateurs to continue to foul opponents. (b) A referee having any reason to believe that a foul has been committed, which said referee did not witness, may consult the judges and will make an appropriate decision according to the majority of the judges who saw the blow. (14) Fouls listed: (a) Fouls/Illegal Techniques while Standing or on the Ground include:

1. Head butting;
2. Eye gouging;
3. Biting;
4. Hair pulling;
5. Fish-hooking; 6 Groin attacks of any kind;
6. Putting a finger into an orifice or into a cut;
7. Small joint manipulation/finger locks;
8. Striking the spine or the back of the head;
9. Striking with the elbow, forearm, or triceps (Elbows are permitted if both amateurs have a minimum of three amateur bouts and both amateurs agree to use elbows. For matches involving elbows, striking downward using the point of the elbow is prohibited.);
10. Knee strikes to the head;
11. Linear kicks to the legs;
12. Heel hooks;
13. Spine locks;
14. Neck cranks;
15. Excessive slamming;
16. Throws against a joint;
17. Throat strikes or grabbing the trachea;
18. Clawing, twisting or pinching the flesh;
19. Grabbing the clavicle;
20. Stomping or kicking the head of a grounded opponent (A fighter shall be considered grounded when any part of their body other than their hands or feet is in contact with the canvas);
21. Striking the kidney;
22. Spiking an opponent to the canvas on his head or neck;
23. Pushing or throwing an opponent out of the ring;
24. Holding the shorts or gloves of an opponent;
25. Spitting;
26. Engaging in any unsportsmanlike conduct that causes an injury;
27. Holding the fence;
28. Attacking on the break;
29. Attacking your opponent while he’s under the care of the referee;
30. Attacking after the bell;
31. Flagrantly disregarding the instructions of the referee;
32. Timidity, including avoiding contact, losing your mouthpiece, faking injury;
33. Interference from the cornerman. (b) In addition to the aforementioned fouls, fouls/illegal techniques while on the ground include:
34. Any submission attacking the legs ankles or feet other than a straight knee bar (Heel hooks or any angled leg locks);
35. Choking with hand on throat;
36. Smothering (hand over mouth);
37. Hammer locks;
38. Throwing out of competition area;
39. Pinching, gouging, and anything that might be considered “dirty fighting”;
40. Grabbing or holding the uniform or protective padding. (15) Rounds (a) The duration of each round of an amateur mixed martial arts event shall not exceed 3 minutes with no less than 1 minute rest intervals between rounds. (b) An amateur mixed martial arts match shall not exceed 3 rounds. (c) No amateur shall be permitted to participate in any match on more than one day in any ten. Exceptions may be made by the executive director or his designee for regularly sanctioned tournaments held in the same venue requiring two or more days to compete, so long as the matches are held within a reasonable time. Requests for approval shall be made to the commission office no later than 10 days prior to the matches. (d) No amateur will be allowed to compete more than once per calendar day and in no case, sooner than 12 hours from their previous bout if the amateur is cleared by the physician to participate. (16) Participation in subsequent matches: (a) Any amateur who loses by way of a TKO or by way of submission due to strikes shall not participate in any match for a minimum of thirty (30) days. (b) Any amateur who loses by way of KO (Knock out) shall not participate in any match for a minimum of sixty (60) days. (c) Amateurs shall receive a mandatory ten-day rest period after competing in a match. Day 1 of the mandatory rest period shall commence on the first day following the event. (d) If the physician suspends an amateur based on a post-match physical, the amateur shall comply with all the stipulations listed by the physician in the suspension, including clearance by a physician licensed as an M.D. or D.O., prior to participating in further matches. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065, 548.043, 548.057 FS. History–New 3-14-13, Amended 12-5-16, 5-14-20, 10-6-25. 61K1-4.026 Mixed Martial Arts Apparel. (1) Amateurs shall wear: (a) Shorts approved by the amateur sanctioning organization representative; (b) A protective cup or groin protector as approved by the amateur sanctioning organization representative; (c) Shin and instep protective pads, provided by the promoter, approved of by amateur sanctioning organization’s representative. (2) Amateurs may use knee or ankle support that are form-fitting with no rigid structural, abrasive materials, or padding. A single sleeve-like support may be worn on each ankle and each knee. (3) Illegal apparel: (a) Eyeglasses; (b) Footgear, shoes or any padding on the feet during the match, other than the required instep protection; (c) Any type of apparel with metal straps or buckles; (d) Necklaces or any other type of jewelry, including piercings located anywhere on the body; (e) Shorts with a grip panel. (4) Hair shall be short enough to avoid interference with vision. If hair ties are required, they should be soft in nature. (5) All amateurs shall wear an individually fitted mouthpiece, which shall be in the amateur’s mouth at all times during the matches. (6) Amateurs may wear soft contact lenses. Hard contact lenses are forbidden. (7) Amateurs are permitted to use only a light coat of Vaseline on the face applied at cageside under the supervision of the referee or amateur sanctioning organization representative. Vaseline will not be permitted elsewhere on the body. No other products of any kinds may be applied at any time to any part of the amateurs’ face or body. (8) Elbow pads may be worn if agreed to by both participants. Elbow pads must be constructed of non-abrasive material, minimum 1/2 inch thick around the impact area of the elbow. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065 FS. History–New 3-14-13, Amended 5-14-20. 61K1-4.027 Mixed Martial Arts Bandages, Handwraps; Gloves. (1) Bandages and Handwraps: (a) The wrapping of hands is not mandatory. Amateurs who wish to wrap their hands shall be responsible for their own gauze and tape or commercial hand wraps approved of by the amateur sanctioning organization. (b) Gauze shall be of the soft or soft-stretch type, and shall not exceed 2ꞌꞌ inches in width. Tape shall be of the soft adhesive type and shall not exceed 1.5ꞌꞌ inches in width. One ten yard roll of gauze, and not more than two yards of tape, are the maximum allowable amounts for each hand. No other materials, including pre-made hand wraps, shall be allowed; nor shall any amounts exceeding those listed be allowed under any circumstances. Tape shall be present only to hold the gauze in place, and no more than one layer of tape be allowed on the striking surface of the hand and only 1 strip between the fingers not to exceed 1/4ꞌꞌ in width and 4" in length. (c) The amateur sanctioning organization representative must inspect all handwraps, and must sign across the knuckles of the hand wrappings before the gloves are secured on the hands. The amateur sanctioning organization is responsible for the amateurs’ compliance with the bandages and handwraps requirements. (2) Gloves: (a) Gloves shall weigh no less than 7 ounces; both amateurs shall wear the same weight gloves and use the same manufacturer of gloves as provided by the promoter unless both amateurs agree to use different manufacturers of gloves. (b) Prior to the beginning of each match each glove of each amateur shall be examined and approved or disapproved by the amateur sanctioning organization representative and the referee. Any glove intended to be used by a amateur in a match shall be whole, clean, in sanitary condition. Gloves shall be in good condition. If the padding in a glove is found to be misplaced or lumpy, or if the glove shows evidence of breaking, roughing or twisting, the glove shall be disapproved and shall not be used. The match shall not begin or continue unless an approved glove has been substituted for the disapproved glove. (c) If velcro is present, the amateur sanctioning organization representative may require the use of tape to prevent injury or to prevent loosening of the gloves during the match. Whenever the representative decides to require tape, both corners must be subject to the same requirement. (d) Gloves shall be adjusted in the ring under the supervision of the amateur sanctioning organization or referee. Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.0065 FS. History–New 3-14-13. 61K1-4.028 Supervision of Amateur Events. (1) The amateur sanctioning organization or the representative of the amateur sanctioning organization shall provide direct, on-site supervision for all amateur boxing, kickboxing and mixed martial arts events. (2) The amateur sanctioning organization shall provide to the commission the name, telephone number and mailing address of every individual authorized to provide direct, on-site supervision and to serve as a representative of the amateur sanctioning organization during the event. This information shall be included in the advance notices for all amateur boxing, kickboxing and mixed martial arts events filed by the amateur sanctioning organization, with the commission at least the (10) days before the date of each match. Rulemaking Authority 548.003, 548.006 FS. Law Implemented 548.006, 548.0065 FS. History–New 8-25-16. 61K1-4.029 Matches; Prohibited During Certain Hours No amateur boxing, kickboxing or mixed martial arts match may begin between the hours of 12:00 a.m. and 6:00 a.m. Rulemaking Authority 548.003, 548.006 FS. Law Implemented 548.006, 548.0065 FS. History–New 8-25-16. 61K1-4.030 Match Results An amateur sanctioning organization shall, within 72 hours after the event, file with the commission a written report that includes the match results. The match results shall be recorded on Form BPR-0009-678, “Amateur Match Results,” (April 2016) adopted and incorporated herein by reference, which may be obtained at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07361. Rulemaking Authority 548.003, 548.006 FS. Law Implemented 548.006, 548.0065 FS. History–New 8-25-16.

Division 61G20 Florida Building Commission

Chapter 61G20-1 FLORIDA BUILDING CODE ADOPTED

Fla. Admin. Code R. 61G20-1 FLORIDA BUILDING CODE ADOPTED

CHAPTER 61G20-1 FLORIDA BUILDING CODE ADOPTED 61G20-1.001 State Building Code Adopted 61G20-1.002 Alternative Design Method for Screen Enclosure (Repealed) 61G20-1.001 Florida Building Code Adopted. (1) The Florida Building Code, 8th Edition (2023), as updated by the Florida Building Commission on June 20, 2023, April 16, 2024, August 13, 2024, December 10, 2024, December 20, 2024, April 15, 2025, and December 9, 2025, and incorporated herein by reference is hereby adopted as the building code for the State of Florida. (2) The material incorporated and adopted in subsection (1), is copyrighted material that is available for public inspection and examination at the Department of State, Administrative Code and Register Unit, The Capitol, 400 South Monroe Street, Room 701, Tallahassee, Florida 32399, and at the Department of Business and Professional Regulation, Office of Codes & Standards, 2601 Blair Stone Road, Tallahassee, Florida 32399-0772. Rulemaking Authority 553.73(1), (7) FS. Law Implemented 399.031, 553.37(1), 553.72, 553.73, 553.844(5), 553.899 FS., Sections 32, 33, 34, 36, 44, 46, 48, Chapter 2005-147, Laws of Florida, Section 1, Chapter 2006-65, Laws of Florida, Section 10, Chapter 2007-1, Laws of Florida, Sections 10, 11, 14, 17, 19, 23, 24, 25, 26, 32, 33, 34, 35, 36, 37, 39, Chapter 2016-129, Laws of Florida, Chapter 2016-211, Laws of Florida. History–New 7-18-90, Amended 3-30-93, 10-17-93, 8-28-95, 9-24-96, 12-26-96, 4-27-97, 10-5-97, 10-14-97, 9-7-00, 11-28-00, 2-7-01, 12-16-01, 6-30-03, 4-3-05, 12-11-05, 12-8-06, 5-21-07, 10-1-08, 2-17-09, 10-1-09, Formerly 9B-3.047, Amended 11-10-11, Formerly 9N-1.001, Amended 4-25-13, 6-30-15, 12-21-16, 12-31-17, 12-31-20, 12-26-21, 1-1-23, 1-3-23, 9-18-23, 12-31-23, 8-15-24, 8-19-24, 2-23-25, 7-6-25, 3-18-26. 61G20-1.002 Alternative Design Method for Screen Enclosure. Rulemaking Authority Chapter 2012-13, Section 19, Laws of Florida, 553.76, 553.77 FS. Law Implemented Chapter 2012-13, Section 19, Laws of Florida, 553.76, 553.77 FS. History‒New 4-25-13, Repealed 2-9-16.

Chapter 61G20-2 FLORIDA BUILDING COMMISSION OPERATIONAL PROCEDURES

Fla. Admin. Code R. 61G20-2 FLORIDA BUILDING COMMISSION OPERATIONAL PROCEDURES

CHAPTER 61G20-2 FLORIDA BUILDING COMMISSION OPERATIONAL PROCEDURES 61G20-2.001 Commission Organization and Operations 61G20-2.002 Updates and Amendments to the Florida Building Code 61G20-2.003 Local Amendments to the Florida Building Code 61G20-2.004 Notice of Rights (Repealed) 61G20-2.005 Alternative Plans Review and Inspection Forms Adopted 61G20-2.006 Non-Binding Interpretations of the Florida Building Code 61G20-2.007 Binding Interpretations of the Florida Building Code, Forms Adopted 61G20-2.001 Commission Organization and Operations. (1) The Commission shall be headed by a Chairman who is elected by the members of the Commission. In order to qualify to serve as the Chairman, a Commissioner must have served on the Commission for a minimum of one year. In the event that no Commissioner has served on the Commission for a minimum of one year, all Commissioners shall qualify to serve as the Chairman. The first elected Chairman’s term shall run from the date of their election until a new edition of the Florida Building Code goes into effect. The term for all other Chairmen shall run from the date that a new edition of the Florida Building Code becomes effective until the subsequent edition of the Florida Building Code goes into effect. (2) The Chairman presides over all Commission meetings, appoints work groups, Program Oversight Committees, Technical Advisory Committees and Ad Hoc Committees, serves as official spokesman for the Commission, and delegates staff and Committee assignments. The Chairman shall review the membership of Program Oversight and Technical Advisory Committees and reappoint or replace members as needed. (3) The Chairman shall appoint a vice-chairman to act in his absence and appoints the chairman for all Program Oversight, Technical Advisory and Ad Hoc Committees. (4) Upon a vacancy in the chairmanship of 30 days, the duties of the Chairman shall devolve to the vice-chairman until a new Chairman is elected. The vice-chairman shall serve out the remainder of the Chairman’s term. Any appointments made by the vice-chairman are subject to the review and approval of the Commission. In the event there is no vice-chairman, the duties of the Chairman may be performed by the Commission until a new Chairman is elected. (5) Program Oversight Committees shall be standing Committees composed of not less than five (5) members of the Florida Building Commission whose purpose/mission is to provide oversight of the programs the Legislature has assigned to the Commission. (6) Ad Hoc Committees shall consist of members of the Florida Building Commission as appointed by the Chairman from time to time to whose purpose/mission is to conduct investigations within the areas for which they are created and report all findings along with recommendations to the Commission for action. Members serve until the Ad Hoc completes assigned task(s). (7) The Chairman shall appoint members of the Commission and other interested parties as members of standing Technical Advisory Committees that reflect each of the technical sections of the Florida Building Code. Membership on each Committee shall be balanced to represent the interests of consumers, producers and a general interest category in conformance with ANSI consensus standards committee membership criteria for regulatory standards. The purpose/mission of the Committees is to review and advise the Commission regarding requests for declaratory statement, proposed amendments to the Florida Building Code pursuant to Rule 61G20-2.002, F.A.C., and in other areas of interest to the Commission as delegated by the Chairman. Non-Commission members of the Committees will serve on a voluntary basis without compensation for travel or per diem. (8) The Chairman may appoint work groups to study issues and present findings and recommendations to the appropriate Committees. (9) Non-Commissioner members of Committees and work groups may designate an alternate to participate in meetings and vote in their absence. (10) The Commission and all of its Committees (Ad Hoc Committees, Program Oversight Committees, and Technical Advisory Committees) shall make decisions only when a quorum is present. A quorum shall be constituted by at least 51% of the appointed members being present (simple majority). (11) The Commission and all of its Committees will utilize Robert’s Rules of Order to make and approve motions except as otherwise provided for in this rule. (12) Resolution of petitions for declaratory statement shall be resolved as provided in Chapter 120, F.S., and Chapter 28-105, F.A.C., upon a vote of the majority of Commissioners or Committee members present. Resolution of petitions for waiver of accessibility requirements shall be resolved as provided in Chapter 61G20-4, F.A.C. (13) In all other matters, excepting procedural motions, the election of a Chairman, and votes on amendments to the Florida Building Code by Technical Advisory Committees, a 75% supermajority voting requirement will supersede the normal voting requirements used in Robert’s Rules of Order for decision making on all motions. In addition, the Commission and all of its Committees shall utilize their adopted meeting guidelines for conduct during meetings. (14) With respect to matters within the jurisdiction of the Commission, the Department of Business and Professional Regulation is responsible for the implementation and faithful discharge of all decisions of the Commission relative to Chapter 553, F.S. (15) The Department shall be responsible for the provision of administration and staff support services relating to functions of the Commission. (16) Information relative to Commission operations including, but not limited to publications and documents, may be obtained during regular business hours from the Department of Business and Professional Regulation, Office of Codes & Standards, 2601 Blairstone Road, Tallahassee, Florida 32399-0772. (17) The Commission operates under the provisions of Chapter 553, F.S., as implemented by these rules. (18) Records of all Commission proceedings are kept by the Department and may be examined in the Department office during regular business hours. Copies of Commission proceedings records may be obtained from the Department by paying the cost of copying. (19) All Commission proceedings are open to the public, and any member of the public may address the Commission upon request. Rulemaking Authority 553.76(1)-(2), (4), 553.77(1)(a) FS. Law Implemented 553.74, 553.75 FS. History–New 5-15-75, Amended 4-18-78, Formerly 9B-3.04, Amended 9-7-00, 11-20-01, 9-13-07, Formerly 9B-3.004, 9N-2.001, Amended 2-22-18, 11-25-19, 6-8-20, 2-17-21. 61G20-2.002 Updates and Amendments to the Florida Building Code. (1) The Florida Building Commission shall update the Florida Building Code triennially in accordance with Section 553.73(7), F.S. When updating the code, the Commission shall review the most current updates to the model codes including, but not limited to, the International Building Code, the International Fuel Gas Code, the International Existing Building Code, the International Mechanical Code, the International Plumbing Code, the International Residential Code, the International Energy Conservation Code, and the National Electrical Code. The Commission shall also consider its own interpretations and declaratory statements, any relevant appellate decisions, and local technical amendments. For the purpose of conducting the review of the model codes, the following steps will be undertaken: (a) The Commission shall select the model codes that will be used to conduct its review. (b) Commission staff shall review the model codes and identify any provisions which overlap with the provisions of the Florida Building Code, correlate directly with the provisions of the Florida Building Code, provide for energy efficiency standards that meet or exceed the national energy standards mandated by Title III of the Energy Conservation and Protection Act, or are necessary to maintain eligibility for federal funding and discounts from the National Flood Insurance Program, the Federal Emergency Management Agency, or the United States Department of Housing and Urban Development, in accordance with Section 553.73(7), F.S. (c) After the latest updates of the model codes are published and the staff review is completed, a complete listing of the changes to the model codes will be posted and made available for public review and comment on the Building Code Information System (BCIS) for a minimum of 45 days prior to review by the Commission’s Technical Advisory Committees (TACs). (d) Before review by the Commission’s TACs, changes affecting residential construction shall be reviewed by the Residential Construction Cost Impact Workgroup (RCCIWG), and the report of the RCCIWG shall be made available to the TACs. (e) The Commission’s TACs shall review the model code provisions in their area of expertise for potential inclusion in the updated Florida Building Code. Should a model code provision overlap in the expertise of multiple TACs, all relevant TACs shall review the provision. The TACs shall also review any public comments. The TACs may make the following recommendations to the Commission:

1. That the Commission reject certain model code provisions by consent agenda. Model code provisions may be recommended for rejection due to such issues as being unnecessary, negatively impacting the level of public health, safety, or general welfare provided by an existing Florida Building Code provision, diminishing the requirements of provisions related to wind resistance or water intrusion, unnecessarily imposing additional costs, or potentially requiring modification or further investigation before being adopted for use in this state.
2. That the Commission approve certain model code provisions by consent agenda. When considering whether to recommend inclusion on a consent agenda for approval, the TACs shall consider such criteria as whether the model code provisions are editorial or organizational in nature, correct an error, provide clarification, provide for alternative design methods, improve the effectiveness of the code, are uncontroversial to affected stakeholders, or are required by law.
3. That the Commission approve or reject certain model code provisions after considering them individually. When recommending individual consideration of model code updates, the TACs shall consider such criteria as whether the update has the potential to impose significant costs, cause confusion or regulatory difficulty, may be unnecessary, is highly controversial to affected stakeholders, or requires further evaluation. The TACs’ recommendations shall be accompanied by a brief explanatory remark, and will be posted on the Commission’s website. (f) After the TACs have reviewed the model code provisions and made their recommendations pursuant to paragraph (e), the Commission shall meet to determine which model code provisions to include in the updated edition of the Florida Building Code. Notwithstanding the TACs’ recommendations, Commissioners may specify that particular provisions on consent agendas be considered individually. After Commission approval, all of the approved changes to the Florida Building Code will be made available on the Commission’s website. The public will then have the opportunity to submit amendments to the Florida Building Code and the approved changes to the Florida Building Code pursuant to subsection (2) of this rule. (2) The Commission may amend the Code at any time pursuant to the requirements of Section 553.73(7)(c) or (8), F.S., and once each year pursuant to Section 553.73(9), F.S. Amendments to the Florida Building Code submitted pursuant to Section 553.73(7)(c), (8) or (9), F.S., shall be submitted on the Code Amendment Proposal Form, No. 61G20-1.001, effective March 2018, adopted and incorporated herein, which may be found on the BCIS at http://www.floridabuilding.org/cm/cm_code_srch.aspx, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-08931 or by contacting the Department of Business and Professional Regulation, Office of Codes & Standards, 2601 Blair Stone Road, Tallahassee, Florida 32399-0772. The Code Amendment Proposal Form shall be submitted online at http://www.floridabuilding.org/cm/cm_code_srch.aspx and shall be reviewed by Commission staff for sufficiency. Commission staff shall ascertain 1) whether the amendment to the code has been submitted in legislative format, 2) if the rationale for amending the code has been provided, and 3) if all required questions regarding fiscal and other impacts have been answered by the proponent. The term “NA” or “Not applicable” shall be considered an insufficient answer to statutorily required questions. If a proposed code amendment is submitted more than two weeks prior to the deadline established and staff finds the proposal to be insufficient, staff shall notify the proponent via email of the nature of its insufficiency and that if the proponent of the amendment elects to resubmit the proposal curing the insufficiency, it must be resubmitted prior to the deadline. Once a Code Amendment Proposal has been found sufficient, Commission staff shall verify such status online, enabling the BCIS to show the proposal to the general public for comment. Code Amendment Proposals found insufficient shall not be verified or considered as building code amendments in the code amendment process. (a) Each proposed amendment will be heard first by the appropriate TAC, which will consider the proposal and all documentation submitted therewith, and consider whether to recommend approval, which shall require a two-thirds vote of TAC members or alternates in attendance. The TAC may modify a proposed amendment if it provides the documentation required by subsection (2) of this rule. Approval of modifications to the proposed amendment shall require a two-thirds vote of TAC members or alternates in attendance. After modification, the TAC must then vote whether to recommend adoption as amended, which shall require a two-thirds vote of TAC members or alternates in attendance. (b) The Commission shall publish each proposed amendment on its website at www.floridabuilding.org at least 45 days prior to its consideration by the appropriate TAC. This notice may run concurrently with the notice required by Section 120.54(2), F.S., and is not intended to extend the required rulemaking timeframes therein. (c) The Commission shall consider and vote upon each proposed amendment after consideration by at least one TAC. The decision of the Commission to approve a proposed amendment shall be by at least the required three-fourths vote of Commissioners in attendance. Those proposals failing to meet the vote requirement shall not be adopted. The Commission may modify a proposed amendment upon a three-fourths vote of Commissioners in attendance, provided that the form required by subsection (2) of this rule is amended to reflect the modification and supporting documentation is submitted. (d )The Commission shall publish each proposed amendment on the BCIS at www.floridabuilding.org at least 45 days prior to its consideration by the Commission. This notice may run concurrently with the notice required by Section 120.54(3), F.S., and is not intended to extend the required rulemaking timeframes therein. (3) Each amendment approved for adoption by the Florida Building Commission pursuant to Section 553.73(9), F.S., shall take effect no earlier than three months after the rule amendment is filed for adoption with the Department of State. Rulemaking Authority 553.73(3), (7)-(9), 553.76(1), (2), (4), 553.77 FS. Law Implemented 553.73(3), (7)-(9), 553.76(2), 553.77 FS. History–New 11-20-01, Amended 6-8-05, 2-28-06, 9-13-07, 7-30-08, Formerly 9B-3.050, 9N-2.002, Amended 7-1-13, 3-27-18, 9-10-20. 61G20-2.003 Local Amendments to the Florida Building Code. (1) Local governments may adopt amendments to the Florida Building Code which meet the requirements of Section 553.73(4)(b), F.S. (2) Within 30 days of adopting a local amendment, the local government shall transmit each amendment to the Commission utilizing the Building Code Information System available at www.floridabuilding.org. The Commission shall publish each such amendment on the Building Code Information System for access by the public. (3) The Commission may review local amendments and issue nonbinding recommendations to the local government regarding the compliance of such amendments with the requirements of Section 553.73(4), F.S. For purposes of this review, each amendment shall be considered first by the applicable Technical Advisory Committee which shall make a recommendation to the Commission regarding the compliance of the amendment with the applicable criteria. The nonbinding recommendation shall be issued in writing to the local government and shall be issued to the local government within thirty (30) days of the conclusion of the Commission meeting at which the recommendation is approved. (4) Form for Petition for Nonbinding Advisory Opinion, Form #61G20-2.003NBAO, effective April 2022, is incorporated by reference and adopted for use by persons seeking a nonbinding advisory opinion about whether a local government regulation, law, ordinance, policy, amendment, or land use or zoning provision constitutes a technical amendment to the Florida Building Code, pursuant to Section 553.73(4)(l), F.S. The form is available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-14047 and https://floridabuilding.org/. (5) When triennially updating the Florida Building Code, the Commission shall review each locally adopted amendment and determine whether the amendment meets the criteria listed in Section 553.73(9)(a), F.S. For purposes of such determination, each amendment shall be referred to the applicable Technical Advisory Committee for review and recommendation to the full Commission. If the Commission determines that the amendment meets the criteria, the Commission may adopt the amendment into the Florida Building Code following the procedures established in subsections 61G20-2.002(3)-(8), F.A.C. If the Commission determines that the amendment does not meet the criteria, the Commission shall rescind the amendment. Rescissions shall be in writing with written findings and shall be transmitted to the local government within 30 days of the conclusion of the meeting at which the Commission’s decision is voted upon. Rulemaking Authority 553.73(4), (5) FS. Law Implemented 553.73(4), (5) FS. History–New 11-20-01, Formerly 9B-3.051, 9N-2.003, Amended 4-14-22. 61G20-2.004 Notice of Rights. Rulemaking Authority 553.77(1)(h) FS. Law Implemented 553.77(1)(h) FS. History–New 11-20-01, Formerly 9B-3.052, 9N-2.004, Repealed 2-9-16. 61G20-2.005 Alternative Plans Review and Inspection Forms Adopted. The following form is hereby incorporated by reference and adopted for use in conjunction with utilization of a private provider to perform plan review and inspection and may be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-17357 or at https://www.floridabuilding.org/fbc/committees/Private_Providers/Private_Providers.htm: Notice to Building Official of Use of Private Provider, Form Number 61G20-2.005-2002-01, effective January 1, 2025. Rulemaking Authority 553.76(1), 553.791(4) FS. Law Implemented 553.791(4) FS. History–New 1-20-03, Amended 7-21-08, Formerly 9B-3.053, 9N-2.005, Amended 10-18-21, 4-29-24, 1-1-25. 61G20-2.006 Non-Binding Interpretations of the Florida Building Code. (1) Definitions. For purposes of this rule section: (a) “Code” shall mean the Florida Building Code. (b) “Commission” shall mean the Florida Building Commission. (c) “Organization” shall mean the entity that provides the interpretation services as described in Section 553.77(7), F.S. (2) Procedure. (a) The Commission shall contract with the Organization to provide a system to issue non-binding interpretations of the Florida Building Code. (b) Requests for non-binding interpretations of the Code shall be made as directed at the Building Code Information System website. (c) The Organization shall review the request; and
4. If the request for informal interpretation is not the correct process, so advise the requestor.
5. If the request for informal interpretation is proper, initiate a review process which solicits comments for development of a response from building code enforcement officials, industry experts, Commission staff, and the State Fire Marshal as necessary. (d) The association shall draft a response that is reviewed and approved by building code enforcement officials duly licensed in this State. (e) The response shall be sent to the requestor via electronic mail within thirty (30) days. If a response will not be sent to the requestor within twenty-one (21) days of receipt, the requestor shall be so notified by electronic mail or other means. (f) Responses shall be posted to the online database maintained by the Organization and shall be accessible from the Building Code Information System website at http://www.floridabuilding.org. The responses are the opinion of the Organization, not the Commission, and shall create no legal duty on the part of any individual or the Commission. Rulemaking Authority 553.77(7) FS. Law Implemented 553.77(7) FS. History–New 8-21-03, Formerly 9B-3.054, 9N-2.006. 61G20-2.007 Binding Interpretations of the Florida Building Code, Forms Adopted. (1) Petitions for binding interpretations of the Florida Building Code shall be made through the Building Code Information System on the Internet in accordance with the provisions of Section 553.775, F.S. (2) A fee of $250 shall be paid by petitioner by credit card or electronic check upon such submission to cover processing costs. (3) The following form is adopted for use in conjunction with issuance of a binding interpretation: Florida Building Commission, Petition for Binding Interpretation, Form No. 9N-2.007(1), November, 2005 (electronic version). (4) The petitioner shall print two (2) completed petitions for submittal to the enforcement agency that rendered the decision that is the subject of the petition. The enforcement agency shall stamp each of the petitions submitted with the time and date of receipt, retain one copy and return one to the petitioner, who shall retain the stamped petition for submittal in the event that receipt of the petition or the time thereof become material to the dispute. (5) Within 5 working days after receipt, the local building official shall respond to the petition through the Building Code Information System, or in writing, including statements 1) admitting or denying the statements contained in the petition, 2) of the interpretation of the provisions of the Florida Building Code deemed correct by the local building official or jurisdiction, and 3) containing the basis for the interpretation, and shall return the petition with his or her response to the petitioner. The petitioner may file the petition with the Commission at any time after it is returned to him or her, or after 10 days if the local building official has not responded. The Commission shall immediately publish the petition online on the Building Code Information System, accept online comments from interested parties for a period of seven calendar days, and provide copies of the petition to a panel. The panel shall conduct proceedings as necessary to resolve the issue, considering the petitioner’s arguments, the building official’s response and comments made on the petition, and shall issue an interpretation within 21 days of the petition’s submittal, based either on code language or the intent of the code. The 21 days may be waived only upon consent of all parties. The interpretation shall be provided to the Commission, which shall post it online on the Building Code Information System and in the Florida Administrative Register. The interpretation shall be binding to all parties and all jurisdictions subject to the code unless it is superseded by a declaratory statement issued by the Florida Building Commission or by a final order entered after an appeal proceeding conducted. Appeals to interpretations shall be filed within 30 days of issuance of an interpretation and shall be conducted in accordance with Chapter 120, F.S., and the uniform rules of procedure. (6) The interpretation rendered by the panel of building code administrators shall become final upon the earlier of the resolution of any appeal of that interpretation before the Florida Building Commission or the expiration of the time period in which to initiate such appeal. Rulemaking Authority 553.775 FS. Law Implemented 553.775(3)(c) FS. History–New 2-28-06, Formerly 9B-3.055, 9N-2.007.

Chapter 61G20-3 PRODUCT APPROVAL

Fla. Admin. Code R. 61G20-3 PRODUCT APPROVAL

CHAPTER 61G20-3 PRODUCT APPROVAL 61G20-3.001 Scope 61G20-3.002 Definitions 61G20-3.003 Exceptions 61G20-3.004 Optional Statewide Approval Generally 61G20-3.005 Product Evaluation and Quality Assurance for State Approval 61G20-3.006 Product Validation by Approved Validation Entity for State Approval 61G20-3.007 Product Approval by the Commission 61G20-3.008 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies 61G20-3.009 Criteria for Certification of Independence 61G20-3.010 List of Approved Product Evaluation Entities, Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies (Repealed) 61G20-3.011 Forms 61G20-3.012 Revisions to Product Approvals or Entity Approvals 61G20-3.013 Revocation or Modification of Product Approvals and Entity Certifications 61G20-3.014 Investigations 61G20-3.015 Equivalence of Standards 61G20-3.016 Reference Standards 61G20-3.001 Scope. (1) Products in the following categories as defined by subcategories of subsection 61G20-3.002(33), F.A.C., shall be available for approval by the Commission pursuant to Rule 61G20-3.007, F.A.C., for use in the state: (a) Panel Walls; (b) Exterior Doors; (c) Roofing Products; (d) Skylights; (e) Windows; (f) Shutters; (g) Structural Components; and (h) Impact Protective Systems. (2) This rule applies to approval of products and systems, which comprise the building envelope and structural frame, for compliance with the structural requirements of the Florida Building Code. Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(5) FS. History–New 11-22-06, Formerly 9B-72.005, 9N-3.001, Amended 4-1-14. 61G20-3.002 Definitions. The following terms have the meanings indicated: (1) Accreditation means a procedure by which a Commission approved body gives formal recognition that a body or person is competent to carry out specific tasks. (2) Approved accreditation entity body means a Commission approved, third party entity, which initially accredits and subsequently monitors, on a continuing basis, the competency and performance of an agency related to carrying out specific tasks. (3) Approved certification agency means an organization approved by the Commission pursuant to subsection 61G20-3.008(4), F.A.C., to certify products. (4) Approved product evaluation entity means an organization recognized by Florida law or approved by the Commission pursuant to subsection 61G20-3.008(1), F.A.C., to evaluate products, for compliance with the Code or intent of the Code or the standards referenced therein resulting in the issuance of an evaluation report. (5) Approved testing laboratory means a laboratory approved by the Commission pursuant to subsection 61G20-3.008(3), F.A.C., to test products for compliance with the standards specified in the Code. (6) Approved quality assurance entity means an entity approved by the Commission pursuant to subsection 61G20-3.008(5), F.A.C., to provide oversight and determine that the product or system is being manufactured or assembled, per the submitted description, test results, or calculations to establish continual product performance. (7) Approved validation entity means a third party entity approved by the Commission pursuant to subsection 61G20-3.008(2), F.A.C., which shall certify to the Commission the product’s compliance with the standards specified in the Code or intent of the Code for use in state approval. (8) Category of products means the type of products identified in Rule 61G20-3.004, F.A.C. (9) Certification means the act of certifying. (10) Certification mark means a protected mark, applied or issued under the rules of a certification system, indicating that confidence is provided that the relevant product, process or service is in compliance with a specific standard or other normative document. (11) Certify means the act of providing a written statement or labeling or listing confirming that a standard or criteria is met. (12) Code means the Florida Building Code. (13) Commission means the Florida Building Commission. (14) Comparative analysis means an engineering analysis that may include interpolation based on testing of a product. (15) Department means Florida Department of Business and Professional Regulation. (16) Evaluation means an assessment of product conformance to the Code by comparing against standards or intent of the Code using testing or comparative analysis or rational analysis or a combination thereof. (17)(a) Evaluation report means a report based upon testing or comparative or rational analysis, or a combination thereof, from an approved product evaluation entity or a licensed Florida professional engineer or architect indicating that the product was evaluated to be in compliance with the Code or the intent of the Code and that the product complies with the Code or is, for the purpose intended, at least equivalent to that required by the Code. (b) Legacy report means an evaluation report that was originally issued by the National Evaluation Service (NES), Building Official Council of America Evaluation Services (BOCA ES), International Council of Building Officials Evaluation Service (ICBO ES), or Southern Building Code Congress International Incorporated Public Safety Testing and Evaluation Services (SBCCI PST & ES), and that was in good standing at the time these organizations came together to form the International Code Council Evaluation Services (ICC ES); or an evaluation report issued as a result of an application received by one of the above-noted organizations prior to March 1, 2003, with the application being approved by March 1, 2004. (18) Inspection means conformity evaluation to the applicable Code section by observation and judgement accompanied as appropriate by measurement, testing or gauging or any other method that will allow for determination of compliance with the Code. (19) Intent of the Code means required performance by the code where no standardized method for evaluating compliance by test; or comparative analysis or rational analysis; or a combination thereof is specified by the code. (20) Labeled means devices, equipment or materials to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. (21) Listed means equipment or materials included in a list published by a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or material meets nationally recognized standards or has been tested and found suitable for use in a specified manner. The means for identifying listed equipment may vary for each testing laboratory, inspection agency or other organization concerned with product evaluation, some of which do not recognize equipment as listed unless it is also labeled. The building official should use the system employed by the listing organization to identify a listed product. (22) Panel (part of a structure) means the section of a floor, wall or roof comprised between the supporting frame of two adjacent rows of columns and girders or column bands of floor or roof construction. (23) Product means any individual type of manufactured goods, system or method of construction. (24) Product Approval: State product approval means the approval of a product or system of construction by the Commission for acceptance of a product on a state or regional basis consistent with an evaluation conducted pursuant to Rule 61G20-3.005, F.A.C. In addition, this includes the approval of a product by the Department pursuant to paragraph 61G20-3.007(1)(d), F.A.C. (25) Product Model means a method of identification of products that is more specific than its subcategory or individual units as utilized in the field. (26) Program System Administrator means a public or private entity qualified to review product approval and product entity documentation for compliance with this rule. (27) Rational analysis means a standardized or non-standardized method by which a Florida Registered Architect or a licensed Florida Professional Engineer or approved evaluation entity uses mathematical or scientific analysis to evaluate the product behavior and to demonstrate that the product evaluated complies with the code for which the evaluation or engineering report is issued. Rational analysis shall be performed in accordance with well-established principles of mechanics and sound engineering practices. (28) Scope of Accreditation means the specific standard test method, calibration services or other functions for which the organization is accredited. (29) Standard means a prescribed set of rules, conditions, or requirements concerning: definition of terms; classification of components; specification of materials, performance, or operation; delineation of procedures for measuring the quantity or quality of materials, products, systems, services, or practices referenced in the Code. (30) Standard test method means a specified technical procedure for performing a test. (31) Structural component means any part or assembly of buildings that comprises the main wind force resisting system and components or cladding. (32) Technically relevant means in accordance with this rule and or the applicable provisions of the Florida Building Code. (33) Subcategory of product or construction system means a specific functionality: (a) For exterior door:

1. Exterior door assemblies: roll-up, sectional, sliding, swinging, automatic; pre-engineered roof access hatches; and products introduced as a result of new technology;
2. Exterior door components and products introduced as a result of new technology; (b) For windows: awning, casement, dual action, double hung, single hung, fixed, horizontal slider, projected, pass through, mullions, and products introduced as a result of new technology; (c) For panel walls: siding, soffits, exterior insulation finish system (EIFS), storefronts, curtain walls, wall louver, glass block, and products introduced as a result of new technology; (d) For roofing products: built up roofing, modified bitumen roof system, single ply roof systems, spray applied polyurethane roof system, roofing fasteners, roofing insulation, asphalt shingles, wood shingles and shakes, roofing slate, roof tile adhesives, cements-adhesives-coatings, liquid applied roof systems, underlayments, metal roofing, roofing tiles, waterproofing, roofing accessories that are an integral part of the roofing system and products introduced as a result of new technology; (e) For shutters: accordion, Bahama, storm panels, fabric storm panel, colonial, roll-up, pre-engineered equipment, protection, and products introduced as a result of new technology; (f) For skylights: skylight, and products introduced as a result of new technology; and (g) For structural components: truss plates, wood connectors, anchors, exterior coolers-freezers, insulation form systems, engineered lumber, pre-engineered air conditioner stands, structural wall components, and roof deck, and products introduced as a result of new technology. (h) For impact protective systems include types that are fixed, operable, or removable. (34) Test means a technical operation that consists of the determination of one or more characteristics of a given product, process or service according to a specified procedure. (35) Test report means a report from an approved testing laboratory which provides performance data showing compliance with a code requirement as determined by a referenced standard test method or equivalent standard test method pursuant to Rule 61G20-3.015, F.A.C., and which identifies products covered by the report and limitations on the products’ use. (36) Third party means an entity independent of the manufacturer (first Party) and the buyer (second party) certified in accordance with Rule 61G20-3.009, F.A.C. (37) Validation means determination of compliance pursuant to Rule 61G20-3.006, F.A.C., for state approval. Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06, 4-10-08, Formerly 9B-72.010, Amended 7-14-11, Formerly 9N-3.002, Amended 4-1-14. 61G20-3.003 Exceptions. Products listed in Rule 61G20-3.001, F.A.C., shall be approved according to the provisions of this rule. (1) Prescriptive. Products that have prescriptive specification standards and are manufactured under quality assurance procedures as specified in the Code will be deemed approved. Such products shall include but not be limited to the following: (a) Structural components covered by United States Department of Commerce Product Standards; (b) Structural components comprised of products that are assembled or placed in the field and are subject to standardized field testing procedures contained within nationally recognized standards adopted within the Code may demonstrate compliance by a batch ticket or bill of lading made available at the site of assembly or placement; and (c) Custom (one of a kind) pre-engineered buildings. (2) Performance. Products, methods and systems of construction specifically addressed in the Code through performance criteria shall demonstrate compliance pursuant to Rule 61G20-3.005, F.A.C., and shall be approved pursuant to Rule 61G20-3.007, F.A.C. Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(5), (7) FS. History–New 5-5-02, Amended 9-4-03, 3-9-04, 11-22-06, Formerly 9B-72.030, 9N-3.003. 61G20-3.004 Optional Statewide Approval Generally. State approval of products listed in Rule 61G20-3.001, F.A.C., and not covered by subsection 61G20-3.003(1), F.A.C., or revisions to existing statewide product approvals require evaluation of product compliance with the Code by a method listed in Rule 61G20-3.005, F.A.C., validation of the evaluation as required by Rule 61G20-3.006, F.A.C., and approval per Rule 61G20-3.007, F.A.C. Validation of compliance with the Code shall be performed by approved Validation Entities. Approval shall be performed by the Commission. All products used in construction covered by the Code shall comply with the provisions or standards contained therein or with the intent of the Code. Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(6) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06, Formerly 9B-72.060, 9N-3.004. 61G20-3.005 Product Evaluation and Quality Assurance for State Approval. (1) Method 1. Products specifically addressed in the Code through performance criteria and standard test methods or standard comparative or rational analysis methods, which cannot be approved through the plan review and inspection process, shall demonstrate compliance with the Code through one of the following: (a) A certification mark or listing from an approved certification agency indicating that the product is in compliance with the Code. Indication of compliance shall be by certification to standards adopted by the Code. (b) A test report from an approved testing laboratory, which identifies which products are covered by the test report and provides verifiable documentation indicating the product tested complies with the Code. (c) An evaluation report from an approved product evaluation entity that covers the subject product and, based upon standard tests or standard comparative or rational analysis, or a combination thereof, indicates that the product was evaluated to be in compliance with the Code and that the product is, for the purpose intended, at least equivalent to that required by the Code. (d) An evaluation report from a Florida Registered Architect or a licensed Florida Professional Engineer developed and signed and sealed, based upon standard tests or standard comparative or rational analysis, or a combination thereof and indicates that the product was evaluated to be in compliance with the Code and that the product is, for the purpose intended, at least equivalent to that required by the Code. (e) Rational engineering analysis cannot be used in lieu of a standard test required by the Code for approval of products within the scope of the standard, except that project specific approval by the local authorities having jurisdiction in accordance with alternate methods and materials authorized in the Code. (f) A legacy report from a nationally recognized model code organization may be used if the report demonstrates compliance with the Code. (g) Products required to demonstrate compliance using referenced testing standard(s) and also requiring rational analysis that falls outside the scope of the agency certificate designating product certification, must demonstrate compliance using an evaluation report from an approved evaluation entity. (2) Method 2. Products for which there are no specific standardized tests or comparative or rational analysis methods of evaluation established as required by the Code shall demonstrate compliance with the intent of the Code through one of the following: (a) An evaluation report from an approved product evaluation entity and provides verifiable documentation indicating the product complies with the intent of the Code. (b) An evaluation report from a Florida Registered Architect or a licensed Florida Professional Engineer based on testing or comparative or rational analysis or combination thereof, which provides verifiable documentation indicating the product complies with the intent of the Code. (c) Rational engineering analysis cannot be used in lieu of a standard test required by the Code for approval of products within the scope of the standard, except that project specific approval by the local authorities having jurisdiction in accordance with alternate methods and materials authorized in the Code. (d) A legacy report from a nationally recognized model Code organization may be used if the report demonstrates compliance with the code. (3) Products listed in Rule 61G20-3.001, F.A.C., shall be manufactured under a quality assurance program audited by an approved quality assurance entity. (4) Evaluation Report and Test Report Documentation Requirements. All reports and documentation required in subsections 61G20-3.005(1) and (2), F.A.C., shall contain the information listed below. Design drawings submitted for permitting purposes are not to be construed to be an evaluation report and do not require this information. When the Code requires a standard test as a component of a product approval using the evaluation methods, the test lab must be accredited by an approved accreditation body for the test performed. The entity issuing the evaluation report or certification is responsible to ensure that the test lab is accredited. (a) Name and address of the manufacturer, evaluation entity, engineer or architect or testing laboratory. (b) Statement of compliance with the appropriate section or standard of the Code. (c) Complete description of the product, including all drawings, manufacturer’s product designations and materials, except materials specifications identified as proprietary. (d) Technical documentation, including all substantiating data, supporting the compliance statement. Substantiating data shall include all test reports and calculations which may be referenced within the evaluation report. (e) Installation requirements. Installation instructions including attachments shall be developed by an evaluation entity, test lab or by the manufacturer’s licensed design professional. Exception: Installation instructions for windows including attachment, at minimum shall include the following:
3. Type, and grade of anchor, and/or manufacturer’s anchor specifications, including minimum nominal size, minimum penetration into substrate and minimum edge distances;
4. Type, physical dimensions, material and grade of any accessory item or strap, if applicable;
5. Spacing of anchors, shims, accessory items and straps; and
6. Illustrated diagrams of the attachment of the product to the structure. (f) Limitations and conditions of use. (g) Certification of independence in conformance with Rule 61G20-3.009, F.A.C. (h) Name, title and signature of person authorized to sign on behalf of entity or signature, registration number and seal in the case of architects and engineers. (5) The following documents shall be submitted for approval of listed products or products bearing a certification mark or an approved certification agency as complying with the standards established by the Code: (a) Name and address of manufacturer and certification agency. (b) Manufacturer’s product model number or identifier and product description. (c) Indication of the standard the product was tested to. (d) Performance level of the product and conditions or limitations of use. (e) Installation requirements. Exception: Installation instructions for windows including attachment at minimum shall include the following:
7. Type, and grade of anchor, and/or manufacturer’s anchor specifications, including minimum nominal size, minimum penetration into substrate and minimum edge distances;
8. Type, physical dimensions, material and grade of any accessory item or strap, if applicable;
9. Spacing of anchors, shims, accessory items and straps; and
10. Illustrated diagrams of the attachment of the product to the structure. (f) Agency certificate designating product certification. (6) Review and verification of installation instructions required under paragraph 61G20-3.005(4)(e), F.A.C. Prior to posting installation instructions, including anchorage requirements, on the Building Codes Information System on the Internet, www.floridabuilding.org, they shall be reviewed or verified by the evaluation entity, test lab, the architect or engineer of record, or by a manufacturer’s licensed design professional. (7) Review and verification of installation instructions required under paragraph 61G20-3.005(5)(e), F.A.C. Prior to posting installation instructions, including anchorage requirements, on the Building Codes Information System, www.floridabuilding.org, they shall be reviewed or verified by the certification agency or by a manufacturer’s licensed design professional. Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(6) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06, 4-10-08, Formerly 9B-72.070, 9N-3.005. 61G20-3.006 Product Validation by Approved Validation Entity for State Approval. (1) Administrative Validation: Validation of compliance with the Code using a certification mark or listing from an approved certification agency, an evaluation report from an approved product evaluation entity, and an evaluation report from a Florida Registered Architect or licensed Florida Professional Engineer shall be performed by approved validation entities through the following steps: (a) Verification that the certification, testing, evaluation and quality assurance requirements established by Rule 61G20-3.005, F.A.C., are met and that all documentation is in order. (b) Validation of the method of compliance using the validation checklist in subsection 61G20-3.011(3), F.A.C. Signed and sealed hard copy of the Validation Checklist must be provided to the Program System Administrator when the validation entity is a Florida Registered Architect or licensed Professional Engineer. (c) Certification to the Commission that the documentation submitted for the product indicates the product complies with the Code. (d) Products listed by approved certification agencies as complying with standards, that do not include rational analysis, established by the Code shall be approved by the Commission upon validation using Administrative Validation. (2) Technical Validation. (a) Technical Validation of an Evaluation Report: Validation of compliance with the Code using an evaluation report from an approved evaluation entity that is not an independent third-party from the manufacturer shall be performed by an approved validation entity using the validation steps of the Administrative Validation and the following steps:
11. Determination that the evaluator has complied with acceptable standards of engineering principles.
12. Engineering verification that the evaluation complies with the Code.
13. Copy of the application complying with all aspects of Chapter 61G15-36, F.A.C., must be filed with the Commission. (b) Technical Validation of a Test Report: Validation of compliance with the Code using a test report from an approved test lab shall be performed by an approved validation entity using the validation steps of the Administrative Validation and the following steps:
14. Verify that the reported data demonstrates compliance with the Florida Building Code, and
15. Verify that the correct test was performed. (c) Technical Validation of Installation Instructions including attachments: Installation instructions including attachments developed by an entity that is not an independent third-party from the manufacturer shall be performed by an approved validation entity using the validation steps 1. through 3. of paragraph (2)(a), above. Exception: Technical validation is not required if the installation instruction including attachments are verified by the product certification agency or the product evaluation entity. (3) Approved Validation entities must retain all documentation of the product applications (test reports, calculations, samples, etc.) as required by Florida Statutes or as long as the products are approved, based on their validation, whichever is longer. (4) Violations and Penalties for Validation Entities. In imposing disciplinary penalties upon an approved Validation entity, the following guidelines shall be used by the Commission in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this rule. (a) Violation of subparagraph 61G20-3.013(2)(a)6., F.A.C. Validator has misrepresented his accreditations or other material information on his application for approval for which the Commission shall impose a minimum sanction of a $5,000 fine and revocation and a maximum penalty of $10,000 fine and revocation. (b) Violation of subsection 61G20-3.008(2), F.A.C. Validating outside the scope of accreditation for which the Commission shall impose a minimum sanction of a $5,000 fine and revocation a maximum sanction of a $10,000 fine and revocation. (c) Violation of subsection 61G20-3.006(1) or (2) or (3), F.A.C. Verifying, validating or certifying by using fraud, deceit, misleading, or untrue representations of items on validation checklist set forth in subsection 61G20-3.011(3), F.A.C., for which the Commission shall impose a minimum sanction of a $5,000 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation. (d) Violation of subsection 61G20-3.006(1) or (2) or (3), F.A.C. Failure to sign and seal hard copy of the Validation Checklist and provide it to the Program System Administrator prior to the Commission meeting when the validation entity is a Florida Registered Architect or Professional Engineer for which the Commission shall impose a minimum sanction of a $500 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $5,000 fine and revocation. (e) Violation of subsection 61G20-3.006(1) or (2) or (3), F.A.C. Failure by the validation entity to retain all documentation of the product applications, including, but not limited to test reports, calculations, and samples, as required by Florida Statutes or as long as the products are approved, based on their validation, whichever is longer for which the Commission shall impose a minimum sanction of a $5,000 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation. (f) Violation of subparagraph 61G20-3.013(2)(a)1. or 2., F.A.C. Validating while license and/or accreditation is not current for which the Commission shall impose a minimum sanction of a $5,000 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation. (g) Violation of subparagraph 61G20-3.013(2)(a)3., F.A.C. Determination that any provision of Chapter 61G20-3, F.A.C., not specifically identified in this rule has been violated for which the Commission shall impose a minimum sanction of a $5,000 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation. (h) Violation of subparagraph 61G20-3.013(2)(a)4., F.A.C. Determination that the criteria for independence from any manufacturer set forth in Rule 61G20-3.009, F.A.C., has been violated for which the Commission shall impose a minimum sanction of a $2,500 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation. (i) Violation of subparagraph 61G20-3.013(2)(a)7., F.A.C. Failure to cooperate with investigations authorized by Rule 61G20-3.014, F.A.C., for which the Commission shall impose a minimum sanction of a $5,000 fine, or probation, or suspension, or any combination thereof; and a maximum sanction of a $10,000 fine and revocation. Rulemaking Authority 553.842(1), (7) FS. Law Implemented 553.842(1), (7) FS. History–New 5-5-02, Amended 11-22-06, 4-10-08, Formerly 9B-72.080, 9N-3.006. 61G20-3.007 Product Approval by the Commission. (1) Approval of a product or system of construction for state acceptance shall be performed by the Commission through the following steps: (a) A product manufacturer or owner of a proprietary system or method of construction, or its designee (applicant) shall apply to the Commission for approval by filing an application in accordance with subsection 61G20-3.011(2), F.A.C., validated in accordance with Rule 61G20-3.006, F.A.C., and submitting fees pursuant to subsection 61G20-3.007(2), F.A.C. Application shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check. (b) The applicant submits all documentation required and fees in accordance with Rule 61G20-3.005 and subsection 61G20-3.007(2), F.A.C., respectively. (c) With exception to product applications submitted pursuant to paragraph 61G20-3.005(1)(a) or 61G20-3.005(1)(c), F.A.C., upon Commission acceptance of the required documentation pursuant to Rule 61G20-3.005, F.A.C., and validation of compliance with the Code pursuant to Rule 61G20-3.006, F.A.C., the Commission may approve the product for use statewide in accordance with its approval and limitations of use unless credible evidence is provided questioning the validity of the documentation submitted in support of the application for approval. (d) Product Application that rely upon a product certification mark or listing from an approved certification agency or an evaluation report from an approved evaluation entity shall be approved for use statewide in accordance with its approval and limitations of use to demonstrate compliance with the Code as follows:
16. An application of a product submitted for state acceptance pursuant to paragraph 61G20-3.005(1)(a) or 61G20-3.005(1)(c), F.A.C., shall be approved by the Department after the Program System Administrator (the “Administrator”) verifies that the application and required documentation as per Rule 61G20-3.006, F.A.C., are complete.
17. The verification by the Administrator must be completed within 10 business days after receipt of the application.
18. Upon approval by the Department, the Administrator shall add approved products to the list of the state-approved products maintained by the BCIS. Approvals by the Department shall be reviewed and ratified by the Commission’s Program Oversight Committee (“POC”) except for a showing of good cause that a review by the full Commission is necessary. The Department shall schedule review of products it approves for the next POC meeting noticed in the Florida Administrative Register. Comments concerning such products shall be accepted utilizing the BCIS.
19. For the purpose of curing deficiencies identifed within product applications approved under this section, the following steps will be undertaken:
    1. If a comment is received on a Department approved Product, the Administrator shall immediately evaluate the comment and determine whether the comment is technically relevant;
    2. If the comment as determined by the Administrator is technically significant, the Administrator shall post the comment received in the comment box for the application;
    3. The Administrator shall immediately notify the manufacturer of the comment received on his or her application requesting that the manufacturer respond to the comment and revise the application as deemed necessary; and
    4. Any comment(s) shall be subject to review and determination by the POC whether the matter demonstrates good cause for review by the Commission. Any party in disagreement with the POC action on a comment is authorized to bring the matter before the Commission by providing public comment to the Commission during its meeting following POC consideration.
    5. The Commission shall review the products as recommended by the POC and comments submitted in opposition to the POC recommendation and either ratify the Department’s approval of the product or direct further action by the POC, the Administrator or the applicant as necessitated by the particular circumstances.
    (e) Approval shall be valid until such time as the product changes decreasing the product’s performance, the standards or provisions of the Code affecting the product change, or the approval is otherwise suspended, revoked, or superseded by a Commission approved revision to the approval. Changes to the Code shall not be construed as voiding the approval of products previously installed in existing buildings provided such products met building code requirements at the time the product was installed. (f) When a new edition of the Code does not require a material or substantive change for an approved product, the manufacturer of the approved product shall affirm that his or her approved product meets the new edition of the Code. As part of application for self-affirmation, if the evaluation report refers to the previous edition of the Code, the manufacturer of the approved product shall submit a statement from an approved evaluation or validation entity that the product complies with the subsequent code version via an attachment uploaded and submitted through the BCIS. Self-affirmation is subject to review and verification by the Program Administrator. (g) Manufacturer or the manufacturer’s designee shall notify the Commission if it makes changes to the product which decrease the product’s performance. (h) Manufacturer shall notify the Commission when the quality assurance requirements of subsection 61G20-3.005(3), F.A.C., are no longer in place. (2) Fees for state approval of products. (a) Fee for approval, Five Hundred Dollars ($500.00) per subcategory of product. The Commission shall review annually and adjust fees accordingly. (b) Fee for reinstatement after suspension, Fifty Dollars ($50.00) per product, plus billable staff hours at Fifty Dollars ($50.00) per hour, plus consultant fees. (c) Fees for approval of evaluation entities, certification agencies, testing laboratories and validation entities; for first time approval, Six Hundred Dollars ($600.00), annual renewal fee, Two Hundred Fifty Dollars ($250.00), revision fee, Two Hundred Dollars ($200.00). (d) Fee for revision of an existing approval, Five Hundred Dollars ($500.00) for a revision that results in a material change to the performance of a product or product design specification or both, and which may include addition of products within the same subcategory. (e) Fee for editorial revisions of an existing product approval that does not result in material change to the performance of a product or product design specification or both, One Hundred Fifty Dollars ($150.00). (f) Fee for affirmation of an existing product approval for compliance with a new edition of the standards adopted by the Code, One Hundred Dollars ($100.00). (g) The Commission may, for a duration of time, waive the fees prescribed in this subsection upon a finding that such waiver will not have an adverse impact on the Commission’s ability to process applications. (3) Applications, affirmations and revisions shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check. Rulemaking Authority 553.842(1) FS. Law Implemented 553.842 FS. History–New 5-5-02, Amended 9-4-03, 11-22-06, 5-21-09, 10-28-09, Formerly 9B-72.090, Amended 7-14-11, Formerly 9N-3.007, Amended 4-23-14, 7-2-20. 61G20-3.008 Approval of Product Evaluation Entities, Product Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies. (1) Approved Product Evaluation Entity Criteria. Approval by the Commission is limited to the scope of accredition established by approved accreditation entities. (a) An entity shall be approved by the Commission as an evaluation entity if it complies with one of the following. Approval shall be limited to those procedures listed on the certificate of accreditation or accreditation listing issued by the accreditation body:
20. Evaluation entities accredited by ANSI that meet the requirements of ISO/IEC 17065: Conformity Assessment – Requirements for Bodies Certifying Products, Processes and Services, or another standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.
21. Evaluation entities accredited as meeting the requirements of ISO/IEC 17065: Conformity Assessment – Requirements for Bodies Certifying Products, Processes and Services, or another standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission. (b) Evaluation entities shall apply to the Commission for approval by filing an application as provided by subsections 61G20-3.011(1) and 61G20-3.007(3), F.A.C., including a Certificate of Independence in accordance with Rule 61G20-3.009, F.A.C., and submitting fees pursuant to subsection 61G20-3.007(2), F.A.C. (c) Approvals shall be valid until such time as: Commission approval requirements change; the evaluation entity no longer qualifies under current requirements; the accreditation expires, or is removed, or is both expired and removed; or the approval is suspended. (d) Pursuant to Section 553.842(8)(a), F.S., the following entities are also approved evaluation entities:
22. The National Evaluation Service (NES),
23. The Miami-Dade County Building Code Compliance Office Product Control Division (MDCBCCOPCD),
24. The International Code Council, International Evaluation Services (IES),
25. The International Association of Plumbing and Mechanical Officials Evaluation Service (IAPMO),
26. Underwriters Laboratories, LLC; and,
27. Intertek Testing Services NA, Inc. (e) Architects and engineers licensed in this state are also approved to conduct product evaluation. (2) Approved Validation Entities. (a) An entity shall be approved by the Commission as a validation entity if it is a Commission approved evaluation entity or certification agency, and it certifies to the Commission compliance with standards established by the Code or intent of the Code. Architects and engineers licensed in this State are also approved to conduct validation for the state approval. Testing Laboratories are not allowed to conduct validations. (b) An entity may be approved as a validation entity after applying to the Commission for approval. Applications must be submitted in accordance with subsections 61G20-3.011(1) and 61G20-3.007(3), F.A.C., including a Certificate of Independence in accordance with Rule 61G20-3.009, F.A.C., and fees submitted pursuant to subsection 61G20-3.007(2), F.A.C. Application shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check. (c) Approvals shall be valid until such time as Commission approval requirements change, the entity no longer qualifies under current requirements or the approval is suspended or revoked. (3) Approved Testing Laboratory Criteria. Approval by the Commission is limited to the scope of accreditation established by approve accreditation entities. (a) An entity shall be approved by the Commission as an approved testing laboratory if it complies with one of the following. Approval shall be limited to those procedures listed on the certificate of accreditation or accreditation listing issued by the accreditation body.
28. Testing laboratories accredited by American Association for Laboratory Accreditation (A2LA) that meet the requirements of the International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.
29. Testing laboratories accredited by National Voluntary Laboratory Accreditation Program (NVLAP) that meet the requirements of ISO/IEC Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.
30. Testing laboratories accredited by approved product evaluation entities that meet the requirements of ISO/IEC Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C, and approved by the Commission.
31. Testing laboratories accredited by other approved accreditation bodies that meet the requirements of ISO/IEC Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission. (b) Testing laboratories shall apply to the Commission for approval by filing and application in accordance with subsections 61G20-3.011(1) and 61G20-3.007(3), F.A.C., including a Certificate of Independence in accordance with Rule 61G20-3.009, F.A.C., and submitting fees pursuant to subsection 61G20-3.007(2), F.A.C. (c) Approvals shall be valid until such time as Commission approval requirements change, the testing laboratory no longer qualifies under current requirements; the accreditation expires, or is removed, or is both expired and removed; or the approval is suspended or revoked. (4) Approved Certification Agency Criteria. Approval by the Commission is limited to the scope of accreditation established by approved accreditation entities. (a) An entity shall be approved by the Commission as a certification agency if it complies with one of the following. Approval shall be limited to those procedures listed on the certificate of accreditation or accreditation listing issued by the accreditation body:
32. Certification Agencies accredited by ANSI that meet the requirements of ISO/IEC 17065: Conformity Assessment – Requirements for Bodies Certifying Products, Processes and Services or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.
33. Certification Agencies accredited as meeting the requirements of ISO/IEC 17065: Conformity Assessment – Requirements for Bodies Certifying Products, Processes and Services or other standard certified as equivalent by the accrediting entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission. (b) Certification Agencies shall apply to the Commission for approval by filing an application as provided by subsections 61G20-3.011(1) and 61G20-3.007(3), F.A.C., including a Certificate of Independence in accordance with Rule 61G20-3.009, F.A.C., and submitting fees pursuant to subsection 61G20-3.007(2), F.A.C. (c) Approvals shall be valid until such time as Commission approval requirements change, the certification agency no longer qualifies under current requirements; the accreditation expires, or is removed, or is both expired and removed; or the approval is suspended or revoked. (5) Approved Quality Assurance Agency Criteria. Approval by the Commission is limited to the scope of accreditation established by approved accreditation entities. (a) An entity shall be approved by the Commission as a quality assurance agency if it complies with one of the following. Approval shall be limited to those procedures listed on the certificate of accreditation issued by the accreditation body. Architects and engineers licensed in this state are exempt from the requirements for independent audits of financial accounts and records required by ISO/IEC Guide TR 17020.
34. Quality assurance agencies accredited as meeting the requirements of ISO/IEC Guide TR 17020: 1998, General Criteria for the Operation of Various Types of Bodies Performing Inspection or other standard certified as equivalent by an approved product evaluation entity pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.
35. Quality assurance agencies accredited as meeting the requirements of ISO/IEC Guide TR 17020: 1998, General Criteria for the Operation of Various Types of Bodies Performing Inspection or other standard certified as equivalent by an approved certification agency pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission.
36. Quality assurance agencies accredited as meeting the requirements of ISO/IEC Guide TR 17020: 1998, General Criteria for the Operation of Various Types of Bodies Performing Inspection or other standard certified as equivalent by an approved accreditation body pursuant to Rule 61G20-3.015, F.A.C., and approved by the Commission. (b) Quality assurance agencies shall apply to the Commission for approval by filing an application in accordance with subsections 61G20-3.011(1) and 61G20-3.007(3), F.A.C., including a Certificate of Independence in accordance with Rule 61G20-3.009, F.A.C., and submitting fees pursuant to subsection 61G20-3.007(2), F.A.C. Application shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check. (c) Approvals shall be valid until such time as Commission approval requirements change, the quality assurance agency no longer qualifies under current requirements; the accreditation expires, or is removed, or is both expired and removed; or the approval is suspended or revoked. (d) Quality assurance agencies shall audit the quality assurance program of manufacturers and audit production quality of products. Auditing of a quality assurance program shall be by one or more of the following methods: visits to manufacturing facilities, inspection of products at construction sites, inspection of products at state distribution facilities or testing of regular production items. Such auditing shall be performed at intervals not to exceed 12 months. (e) Commission approved certification agencies are also approved as quality assurance entities for the products covered by their certification program. (6) Approved Accreditation Body Criteria. (a) The following are recognized by the Commission as approved accreditation bodies for accrediting testing laboratories, certification programs and quality assurance program auditors/inspection bodies:
37. Entities accrediting testing laboratories, certification agencies and quality assurance agencies pursuant to subsections 61G20-3.008, F.A.C.
38. Bodies operating acceptance/accreditation programs for testing bodies pursuant to ISO/IEC Guide 58, Calibration and Testing Laboratory Accreditation Systems – General Requirements for Operation and Recognition.
39. Bodies operating acceptance/accreditation programs for certification programs pursuant to ISO/IEC Guide 61, General Requirements for Assessment and Accreditation of Certification/Registration Bodies.
40. Bodies operating acceptance/accreditation programs for quality assurance/inspection bodies pursuant to ISO/IEC Guide TR 17010: 1998, General Requirements for Bodies Providing Accreditation of Inspection Bodies. (b) Where accrediting bodies utilize standards other than the ISO accreditation standards referenced in Rule 61G20-3.008, F.A.C., they shall provide a certification of equivalence pursuant to Rule 61G20-3.015, F.A.C., to the Commission for approval pursuant to subsection 61G20-3.015(2), F.A.C. (c) Approvals shall be valid until such time as Commission approval requirements change, the accreditation body no longer qualifies under current requirements or the approval is suspended or revoked. (d) A Commission approved accreditation body shall not perform the functions of a testing body. Rulemaking Authority 553.842(8) FS. Law Implemented 553.842(8) FS. History–New 5-5-02, Amended 9-4-03, 3-9-04, 11-22-06, 4-10-08, 12-9-09, Formerly 9B-72.100, Amended 7-14-11, Formerly 9N-3.008, Amended 10-26-16, 3-31-21, 10-18-21. 61G20-3.009 Criteria for Certification of Independence. A certification of independence shall be provided by a Florida registered architect or licensed professional engineer as applicable or by an officer of the entity, agency or laboratory who is responsible for operation of said entity, agency or laboratory that attests to the following: (1) The entity, agency or laboratory does not have, nor does it intend to acquire or will it acquire, a financial interest in any company manufacturing or distributing products tested or labeled by the agency. (2) The entity, agency or laboratory is not owned, operated or controlled by any company manufacturing or distributing products it tests or labels. (3) The Florida registered architect or licensed professional engineer performing an evaluation does not have nor will acquire, a financial interest in any company manufacturing or distributing products for which the reports are being issued. (4) The Florida registered architect or licensed professional engineer performing an evaluation does not have, nor will acquire, a financial interest in any other entity involved in the approval process of the product. Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(1), (8) FS. History–New 5-5-02, Amended 11-22-06, Formerly 9B-72.110, 9N-3.009. 61G20-3.010 List of Approved Product Evaluation Entities, Validation Entities, Testing Laboratories, Certification Agencies, Quality Assurance Agencies and Accreditation Bodies. Rulemaking Authority 553.842(13) FS. Law Implemented 553.842(13) FS. History–New 5-5-02, Amended 11-22-06, Formerly 9B-3.120, 9N-3.010, Repealed 2-17-21. 61G20-3.011 Forms. The following forms are hereby incorporated by reference and adopted for use in reference to the Product Evaluation and Approval System. Copies of these forms are available from the Department of Business and Professional Regulation, Office of Codes & Standards, 2601 Blairstone Road, Tallahassee, Florida 32399-0772, and via the Building Codes Information System at www.floridabuilding.org. (1) Florida Building Commission, Application for Organization/Entity Approval, Form 9N-3.011(1), effective October 2021, which is also available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13620. (2) Florida Building Commission, Application for State Product Approvals, Form 9N-3.011(2), effective December 3, 2020. New and revised applications received after January 11, 2010 shall be limited to a maximum of 150 product sequence numbers. This limitation shall not be applicable to editorial revision or affirmation of an existing application. (3) Validation Checklists for State Approval, updated January 15, 2007 (electronic version): (a) Form 9N-3.011(3)(a), Validation checklist for certification method; effective January 15, 2007. (b) Form No. 9N-3.011(3)(b), Validation checklist for test report method; effective January 15, 2007. (c) Form 9N-3.011(3)(c), Validation checklist for evaluation report from an architect or engineer; effective January 15, 2007. (d) Form 9N-3.011(3)(d), Evaluation report from an evaluation entity; effective January 15, 2007. Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(1) FS. History–New 5-5-02, Amended 9-4-03, 11-22-06, 4-10-08, 3-2-10, Formerly 9B-72.130, 9N-3.011, Amended 10-18-21. 61G20-3.012 Revisions to Product Approvals or Entity Approvals. Approval of revisions to state approved products or approved entities shall be performed by the Commission as follows: (1) A product manufacturer or approved entity shall submit a revision for approval by filing an application in accordance with subsection 61G20-3.011(2), F.A.C., validated in accordance with Rule 61G20-3.006, F.A.C., and submitting fees pursuant to subsection 61G20-3.007(2), F.A.C. Revisions shall be made through the Building Codes Information System on the Internet, www.floridabuilding.org, and payment shall be by credit card or electronic check. The revision will carry the same Florida Product Approval number as the original approval with the addition of a revision number assigned, R1, R2, as applicable. (2) Revisions to all data will be allowed. (3) Once a revision is approved by the Commission, the approved revision will supersede the original approval. Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(6) FS. History–New 11-22-06, Formerly 9B-72.135, 9N-3.012. 61G20-3.013 Revocation or Modification of Product Approvals and Entity Certifications. (1) Product Approval Revocation or Suspension. (a) Any product approval shall be revoked or suspended for any of the following reasons:
41. Failure to maintain certification, evaluation reports or testing in good standing with a Commission approved entity which conducted the testing or comparative or rational analysis, or combination thereof on which the product approval is based.
42. Suspension or revocation of the certification, evaluation report or testing report issued by a Commission approved entity on which the approval is based, for just cause.
43. Failure to maintain quality assurance programs for the manufacture of the approved products as required by this document.
44. Failure to correct manufacturing deficiencies required to bring the product within specifications of the originally approved product or alternatively to demonstrate in a manner consistent with this document, that the product’s performance complies with the standards established by the Code.
45. Advertising and sales of the product for uses not consistent with conditions or limitations of its approval.
46. Determination that the product was approved based on misrepresentations in the application for approval.
47. Failure of the manufacturer to cooperate with a Commission ordered investigation. (b) The Commission may suspend the approval of a product based on any provision of subsection 61G20-3.013(1), F.A.C., until such time as the manufacturer demonstrates the product is currently in compliance with this document. (c) The Commission shall initiate an investigation based on a written complaint containing substantial material evidence by any substantially affected party. (d) The Commission shall clearly post the status of product approvals, denials, or suspensions on its website, the Florida Building Codes Information System, www.floridabuilding.org. (2) Revocation or suspension of evaluation entity, certification agency, testing laboratory, validation entity, quality assurance agencies or accreditation body approval. (a) The Commission shall revoke or suspend the approval of any evaluation entity, certification agency, testing laboratory, quality assurance agency, or validation entity for one or more of the following reasons:
48. Failure to maintain accreditation by a Commission approved accreditation body.
49. Suspension or revocation of accreditation by a Commission approved accreditation body for failure to meet Commission accreditation standards or equivalent pursuant to Rules 61G20-3.008 and 61G20-3.015, F.A.C.
50. Determination by the Commission that any requirement set forward in this document has been violated.
51. Determination that the criteria for independence from any manufacturer set forth in Rule 61G20-3.009, F.A.C., has been violated.
52. Determination that the entity is not independent pursuant to Rule 61G20-3.009, F.A.C., of any competing manufacturer of the manufacturer to whom the entity provided services on which Florida jurisdictions’ product approval is based.
53. An entity has misrepresented its accreditations or other material information on its application for approval.
54. Failure to conduct investigations of products authorized by Rule 61G20-3.014, F.A.C. (b) The Commission may revoke or suspend the approval of any approved accreditation body for failure to maintain accreditation programs which comply with subsection 61G20-3.008(6), F.A.C., or any material misrepresentation of its independence or substantive information on its capabilities or policies and procedures and failure to cooperate in investigations of those it accredits. (c) Commission suspensions under subsection 61G20-3.013(2), F.A.C., shall remain in effect until such time as the entity demonstrates to the Commission that it is in compliance with said requirement. (d) The Commission shall initiate an investigation based on a written complaint providing substantial material evidence provided by any substantially affected party. (e) The Commission shall clearly post the status of approved evaluation entity, certification agency, testing laboratory, validation entity, quality assurance agency and accreditation body approval, suspension or revocation on its website list of approved entities. (3) Incomplete Product Approval or Entity applications. Any application that has no activity and is not complete within 180 days from the date of initial filing shall be denied. Rulemaking Authority 553.842(14) FS. Law Implemented 553.842(14) FS. History–New 5-5-02, Amended 11-22-06, Formerly 9B-72.160, 9N-3.013, Amended 10-18-21. 61G20-3.014 Investigations. (1) Investigation of approved product non-compliance. (a) The Commission shall initiate an investigation of product non-compliance on the basis of a written complaint including substantial material evidence. (b) Investigation of product deficiencies shall be conducted by the manufacturer’s certification agency, evaluation entity or test laboratory and the validation entity which certified compliance with the code standards to the Commission. (c) The manufacturer’s certification agency, evaluation entity or test laboratory and the validation entity may conduct investigations independent of the Commission initiation and report findings to the Commission on which suspension or revocation action is based. (d) Substantially affected party complaints shall be based on one or more of the provisions of Rule 61G20-3.013, F.A.C. (2) Investigation of approved certification agency, evaluation entity, test laboratory or validation entity non-compliance. (a) The Commission shall initiate an investigation of approved certification agency, evaluation entity, test laboratory, quality assurance agency or validation entity non-compliance on the basis of a written complaint including substantial material evidence provided by an substantially affected party. (b) Investigation of approved certification agency, evaluation entity, test laboratory, quality assurance agency or validation entity deficiencies shall be conducted by its accrediting body. (c) The Commission shall conduct investigations of non-compliance where the accrediting body is not capable. (d) The Commission shall conduct investigations of non-compliance of approved accrediting bodies. (e) Substantially affected party complaints shall be based on one or more of the provisions of subsection 61G20-3.013(2), F.A.C., as applicable. Rulemaking Authority 553.842(15) FS. Law Implemented 553.842(15) FS. History–New 5-5-02, Formerly 9B-72.170, 9N-3.014. 61G20-3.015 Equivalence of Standards. (1) Equivalence of product standards. Where conformance to the Code is based on standards, then product evaluation shall rely on national and international consensus standards referenced in the Code. Other standards which meet or exceed standards referenced by the 2001 edition of the Code and recognized as equivalent for determining Code compliance are: (a) ASTM E 330-97 equivalent to ASTM E 330-84; (b) ASTM E 330-02 equivalent to ASTM E 330-84; (c) ANSI/AAMA/NWWDA 101/I.S.2/NAFS-02 equivalent to ANSI/AAMA/NWWDA 101/I.S.2-97; (d) DASMA 108-02 Standard Method for Testing Sectional Garage Doors equivalent to ASTM E 330-84, ASTM E 330-97, and ASTM E 330-02; and (e) ANSI 250.13 Testing and Rating of Severe Wind-Storm Resistant Components for Swinging Doors Assemblies equivalent to ASTM E 330-84, ASTM E 1886-97 and ASTM E 1996-99 except for the High Velocity Hurricane Zone (HVHZ). (2) Standards which meet or exceed standards referenced by the 2004 edition of the Code and recognized as equivalent for determining Code compliance are: (a) AAMA/CSA/WDMA 101/I.S. 2/A440-05 is equivalent to AAMA/WDMA/101/I.S./NAFS-02 and AAMA/WDMA 1600/I.S. 7-00 for skylights only; (b) ASTM D 5055-2000 is equivalent to ASTM D 5055-02; (c) AAMA 501-94 is equivalent to AAMA 501-05; and (d) AAMA 103.3-83 is equivalent to AAMA 103.3-05. (3) Standards which meet or exceed standards referenced by 2007 edition of the Code and recognized as equivalent for determining Code Compliance are: (a) ANSI/DASMA108-02 Standard Method for Testing Sectional Garage Doors and Rolling Doors: Determination of Structural Performance under Uniform Static Air Pressure Difference equivalent to ANSI/DASMA 108-05; (b) TPI 1-02 National Design Standards for Metal-Plate-Connected Wood Truss Construction equivalent to TPI 1-07; and (c) ASTM E 1300-02 Practice for Determining Load Resistance of Glass in Buildings equivalent to ASTM E 1300-04. (4) Standards which meet or exceed standards referenced by 2010 edition of the Code and recognized as equivalent for determining Code Compliance are: (a) ASTM E 1996-05 Standard Specification for Performance of Exterior Windows, Curtain Walls, Doors and Impact Protective Systems Impacted by Windborne Debris in Hurricanes equivalent to ASTM E 1996-02, incorporated and adopted herein. (b) ASTM E 1996-05 Standard Specification for Performance of Exterior Windows, Curtain Walls, Doors and Impact Protective Systems Impacted by Windborne Debris in Hurricanes equivalent to ASTM E 1996-06 with respect to protective devices, with the exclusion of mullions, incorporated and adopted herein. (c) ANSI/DASMA 108-2012 Standard Method for Testing Sectional Garage Doors and Rolling Doors: Determination of Structural Performance Under Uniform Static Air Pressure Difference equivalent to ANSI/DASMA 108-2005 Standard Method for Testing Sectional Garage Doors and Rolling Doors: Determination of Structural Performance Under Uniform Static Air Pressure Difference, incorporated and adopted herein. (d) FRSA/TRI April 2012 (04-12) Florida High Wind Concrete and Clay Tile Installation Manual, Fifth Edition Revised, equivalent to FRSA/TRI 07320/8 – 05 Concrete and Clay Roof Tile Installation Manual, Fourth Edition, incorporated and adopted herein. (e) The material incorporated and adopted in paragraphs (4)(a) through (4)(d), is copyrighted material that is available for public inspection and examination at the Department of State, Administrative Code and Register Section, Room 701, The Capitol, Tallahassee, Florida 32399-0250, and at the Department of Business and Professional Regulation, Office of Codes & Standards, 2601 Blairstone Road, Tallahassee, Florida 32399-0772. (5) Equivalence of product standards for specific product application. Standards which meet or exceed standards referenced by the Florida Building Code, as adopted by reference in Rule 61G20-1.001, F.A.C., and certified as equivalent for determining code compliance by one of the following entities shall be considered as equivalent by the Commission: (a) An approved certification agency; (b) An approved test lab; (c) An approved evaluation entity; (d) Florida licensed professional engineer or architect; or (e) A nationally recognized standard writing organization. (6) Equivalence of accreditation standards. Where approved evaluation entities and accreditation bodies accredit testing laboratories, certification agencies and quality assurance agencies to standards other than the referenced ISO standards in Rule 61G20-3.008, F.A.C., the accrediting body shall certify to the Commission that its standard is equivalent to the ISO standard. Such certification shall contain: (a) A sworn statement by the officer of the accrediting body; and (b) A comparison of the accrediting body’s standard to each criteria of the ISO reference standard with an explanation of why it is considered equivalent. (7) Organizations: (a) ANSI – American National Standards Institute; (b) AAMA – American Architectural Manufacturers Association; (c) ASTM – American Society of Testing and Materials; (d) DASMA – Door Access Systems Manufacturers Association; and (e) NWWDA – National Wood Window and Door Association. Rulemaking Authority 553.842(1), (16) FS. Law Implemented 553.842 FS. History–New 5-5-02, Amended 3-9-04, 11-22-06, 5-13-09, Formerly 9B-72.180, 9N-3.015, Amended 4-2-13, 9-28-14. 61G20-3.016 Reference Standards. (1) International Organization for Standardization/International Electrotechnical Commission ISO/IEC Guide 61, General Requirements for Assessment and Accreditation of Certification/Registration Bodies. (2) International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 17065: 2012, Conformity Assessment ‒ Requirements for Bodies Certifying Products, Processes and Services. (3) International Organization for Standardization/International Electrotechnical Commission ISO/IEC Guide TR 17010: 1998, General Requirements for Bodies Providing Accreditation of Inspection Bodies. (4) International Organization for Standardization/International Electrotechnical Commission ISO/IEC Guide TR 17020: 1998, General Criteria for the Operation of Various Types of Bodies Performing Inspection. (5) International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Guide 17025: 1999, General Requirements for the Competence of Testing and Calibration Laboratories. (6) International Organization for Standardization/International Electrotechnical Commission ISO/IEC Guide 58, Calibration and Testing Laboratory Accreditation Systems – General Requirements for Operation and Recognition. Rulemaking Authority 553.842(1) FS. Law Implemented 553.842(2) FS. History–New 5-5-02, Formerly 9B-72.190, 9N-3.016, Amended 10-19-21.

Chapter 61G20-4 HANDICAPPED ACCESSIBILITY STANDARDS

Fla. Admin. Code R. 61G20-4 HANDICAPPED ACCESSIBILITY STANDARDS

CHAPTER 61G20-4 FLORIDA BUILDING COMMISSION – HANDICAPPED ACCESSIBILITY STANDARDS 61G20-4.001 Procedures 61G20-4.002 Florida Accessibility Code for Building Construction 61G20-4.001 Procedures. (1) All applications for a waiver or modification of the requirements of the Act or the Code shall be accompanied by a fee of $250.00 and filed on Form FBC 2014-01, Request for Accessibility Waiver, effective August 2015, adopted and incorporated herein by reference and available from the Building Code Information System at https://floridabuilding.org/aw/accessibility_application_options.aspx or at http://www.flrules.org/Gateway/reference.asp?No=Ref-05667. Upon certification from an applicant that all information requested by these rules has been furnished and after review and verification by Commission Staff, the request will be scheduled for consideration at the Accessibility Advisory Council’s next scheduled meeting provided that at least 7 days’ notice can be given to the members of the Advisory Council. (2) All Requests shall be prepared in accordance with the instructions on Form FBC 2014-01, but the Commission may waive a requirement in the instructions if the Commission finds the requirement unnecessary to the consideration of the Request. A Request shall be for one Project only, and no Request shall be considered by the Commission unless it shall have first been reviewed by the Council. (3) At its meetings, the Council shall consider all Requests, and shall prepare a recommendation for the Commission on each Request. The recommendation may be for approval, approval for a specified time, approval with a specified condition, or disapproval. If the Council finds that the Request does not give it sufficient information to make a recommendation, it may also recommend that the Commission defer action on the Request until such information is furnished. In the absence of a quorum, individual members of the Council may present recommendations to the Commission. (4) At the meeting of the Commission, the Chairman of the Council or his designee shall present the recommendations of the Council on each Request. At its discretion, the Commission may hear any argument in support of or opposition to any Request and it may at its discretion vote upon more than one Request together. In acting upon a Request, at its discretion the Commission may wholly or partly agree or disagree with the recommendation of the Council, and may approve any Request, may approve it for a specified time, may approve it with a specified condition, may disapprove it, or may defer it for additional information. (5) The Commission may, subject to the limitations and requirements of Section 553.512, F.S., waive one or more Florida specific requirements of the Act or the Code created pursuant to Sections 553.504-553.511, F.S., if it finds that compliance with the literal requirements will cause an unnecessary, unreasonable, or extreme hardship. A waiver or denial of a waiver shall be applicable only to the project in the Request, and no waiver shall stand as precedent for any other project or projects. In order for the Commission to find an unnecessary, unreasonable, or extreme hardship, the owner of the project must show the following: (a) That the hardship is caused by a condition or set of conditions affecting the owner which does not affect owners in general. (b) That substantial financial costs will be incurred by the owner if the waiver is denied. (c) That the owner has made a diligent investigation into the costs of compliance with the Code, but cannot find an efficient mode of compliance. (6) The Commission shall reflect its action in a Final Order. The original of each Final Order shall be filed with the Clerk of the Department, who shall also act as Clerk of the Commission. Copies of each Final Order shall be sent by United States mail or electronic notification to the owner, to all professionals engaged in designing or building the project, and to the Building Official of the permitting jurisdiction. In addition, pertinent information concerning each Final Order shall be entered in a Master Topical Index of Final Orders, which shall be maintained by the Clerk of the Commission. Rulemaking Authority 553.512(1) FS. Law Implemented 553.512(1) FS. History–New 1-31-79, Formerly 9B-7.03, Amended 10-1-96, 9-14-97, 9-7-00, 1-20-02, 10-18-07, Formerly 9B-7.003, 9N-4.001, Amended 4-25-13, 9-9-13, 10-12-15. 61G20-4.002 Florida Accessibility Code for Building Construction. The 2012 Florida Accessibility Code for Building Construction (the Code) as updated by the Commission, effective March 15, 2012 and as amended by the Commission on June 12, 2012 is adopted herein by reference. Copies of the Code are available on the internet at www.floridabuilding.org, http://www2.iccsafe.org/states/florida_codes/, or by writing to the Department of Business and Professional Regulation, Office of Codes & Standards, 2601 Blairstone Road, Tallahassee, Florida 32399-0772. Rulemaking Authority 553.503 FS. Law Implemented 553.503 FS. History–New 9-14-97, Amended 10-31-99, 1-20-02, 1-20-08, 5-14-08, Formerly 9B-7.0042, Amended 3-15-12, 4-25-13.

Chapter 61G20-5 THERMAL EFFICIENCY STANDARDS

Fla. Admin. Code R. 61G20-5 THERMAL EFFICIENCY STANDARDS

CHAPTER 61G20-5 THERMAL EFFICIENCY STANDARDS 61G20-5.0041 Thermal Efficiency Standards Adopted (Repealed) 61G20-5.0051 Enforcement Authority (Repealed) 61G20-5.0071 Cost Effectiveness of Amendments to Energy Code (Repealed) 61G20-5.0041 Thermal Efficiency Standards Adopted. Rulemaking Authority 553.901 FS. Law Implemented 553.901, 553.903 FS. History–New 12-10-96, Amended 10-19-97, 1-19-98, 12-27-98, 9-12-00, 3-1-09, Formerly 9B-13.0041, Repealed 11-26-13. 61G20-5.0051 Enforcement Authority. Rulemaking Authority 553.907 FS. Law Implemented 553.901, 553.904, 553.905, 553.906, 553.907, 553.908 FS. History–New 12-10-96, Formerly 9B-13.0051, Repealed 11-26-13. 61G20-5.0071 Cost Effectiveness of Amendments to Energy Code. Rulemaking Authority 553.9061(3) FS. Law Implemented 553.9061(3) FS. History–New 8-17-09, Formerly 9B-13.0071, Repealed 11-26-13.

Chapter 61G20-6 BUILDING CODE TRAINING PROGRAM

Fla. Admin. Code R. 61G20-6 BUILDING CODE TRAINING PROGRAM

CHAPTER 61G20-6 BUILDING CODE TRAINING PROGRAM 61G20-6.002 Commission Approval and Accreditation of Advanced Building Code Training Courses 61G20-6.002 Commission Approval and Accreditation of Advanced Building Code Training Courses. (1) Approval of Course Accreditors. The Commission shall approve persons to serve as accreditors of advanced training courses. Persons desiring to be accreditors shall apply using the Register Accreditor function and associated online screens, Form FBC-ED-001, effective September 10, 2010, adopted and incorporated herein by reference and available from the Building Code Information System at www.floridabuilding.org/ce/ce_tporgapp_dtl1.aspx. Applications shall be accompanied by an application fee of $100.00. Applications shall be approved by the Commission if the applicant has demonstrated five years of Florida Building Code expertise in the field for which approval is sought, or equivalent as specified below, or possesses an active license issued pursuant to Section 471.015, 481.213 or 481.311; Chapter 489, Part I or II, F.S.; or a standard certificate issued pursuant to Section 468.609, F.S. Accreditors approved by the Commission under prior versions of this rule are authorized to continue accreditation of building code courses. Equivalent expertise or proficiency under this provision shall include: (a) A four year college degree or graduate degree in the field for which approval is sought; (b) A letter verifying work experience in the field for which approval is sought from a person who supervised the applicant; (c) A letter verifying employment and specific position of the applicant in the field for which approval is sought from the applicant’s employer; or (d) For an accreditor application submitted to accredit only accessibility courses, demonstrated proficiency acceptable to the Commission as a subject matter expert in the field of accessibility. (2) Revocation of approval as an accreditor. (a) Any accreditor shall have his/her approval status revoked for any of the following reasons:

1. Knowingly providing a fraudulent application to the Commission, when applying for accreditor status;
2. Suspension or revocation of a trade license submitted to the Commission as part of the initially approved accreditor application, which was not reported to the Commission at the time of suspension or revocation;
3. Failure to effectively and/or accurately accredit courses, specifically relating to the correctness of the course building code content references;
4. Failure to remove him/herself from any “conflict of interest” situations, such as accrediting courses in which the accreditor has a financial interest; or
5. Failure of the accreditor to cooperate with a Commission ordered investigation. (b) The Commission may suspend the approval status of any accreditor based on any provision of paragraph (2)(a) of this rule, until such time as the accreditor demonstrates that the accreditor’s status is currently in compliance with the requirements of this rule. (c) The Commission shall initiate an investigation based on a written complaint submitted by any substantially affected party and containing substantial material evidence of a violation of this rule. (d) The Commission shall clearly post the status of an investigation on its website, the Florida Building Codes Information System, www.floridabuilding.org. (3) Training Provider Registration and Requirements. (a) Training providers approved by the Department of Business and Professional Regulation who desire Commission approval and accreditation for advanced building code courses shall register with the Building Code Information System using the Register Training Provider function and associated online screens, Form FBC-ED-002, effective September 10, 2010, adopted and incorporated herein by reference and available from the Building Code Information System at www.floridabuilding.org/ce/ce_tporgapp_dtl1.aspx, and pay a registration fee of $25.00. (b) Registered training providers shall submit materials and information pertaining to courses for which Commission accreditation and approval is sought utilizing the Submit a Course Application function and associated online screens, Form FBCED 2003-03, “Application for Course Accreditation,” effective December 2021, adopted and incorporated herein by reference and available from the Building Code Information System at http://www.floridabuilding.org/bcis/ce/ce_courseapp_dtl1.aspx or http://www.flrules.org/Gateway/reference.asp?No=Ref-13932. (c) The provider shall select an approved accreditor and shall provide payment for services directly to the accreditor. The accreditor selected shall meet the criteria for independence identified in paragraph (d) and shall be listed with the expertise in the field for which approval is sought. (d) Upon submittal by a training provider, the selected accreditor shall receive an e-mail notification from the Building Code Information System and shall review the materials provided by the provider in accordance with the criteria identified herein. The accreditor shall complete the application by providing comments containing the results of the accreditor’s review and approving or denying accreditation of the course on the Building Code Information System. An accreditor may not approve for accreditation a course application that is not complete and accurate as specified in subsection (4). The accreditor shall also provide a certification of independence that attests the person or entity does not have, nor does it intend to acquire or will acquire, a financial interest in the training provider seeking accreditation. (e) The Building Code Information System shall assign an accreditation number to the application upon submittal. The application shall be accredited completely and placed in the “Pending FBC Action” file on the Building Code Information System at http://www.floridabuilding.org/ce/ce_tp_coursetrp_dtl.aspx no later than 23 days prior to the next scheduled meeting of the Florida Building Commission. The Commission or its designee shall finalize the accreditation process utilizing the Building Code Information System at www.floridabuilding.org and notify the provider and accreditor within 3 business days of the Florida Building Commission’s action on the applications. If a provider has not taken any action on a submitted but incomplete application in 180 days, the Commission may withdraw the application. (f) On or before the effective date of changes to the Florida Building Code, Florida Statutes or rule relating to the Florida Building Code, providers shall update existing accredited courses affected by the code, law or rule changes pursuant to paragraph (3)(g), and submit for accreditation on the Building Code Information System at http://www.floridabuilding.org/ce/ce_default.aspx. If the course is not updated, the course expires and cannot be updated. The code version, law or rule that initiated the update and reaccreditation process must be noted on the application. Accreditation of revisions to approved accredited courses shall be accomplished in the same manner as described in paragraphs (a) through (f) hereof, except only the revision submitted shall be subject to review. These courses shall be approved by the administrator of the education program subject to ratification by the Florida Building Commission. (g) The following timelines apply for any course for which revision is required:
6. For a new edition of the Florida Building Code, a course must be revised pursuant to the provisions of subsection (4).
7. For any amendment to Florida Building Code pursuant to section 553.73, F.S., a course must be revised by the effective date of any change.
8. For any change in Florida law, a course must be revised within six months of the effective date of the law.
9. For any change in Florida administrative rule, a course must be revised within six months of the effective date of the rule. (h) If an approved accredited course requires only one change to correct or update a reference, table, diagram, or quoted provision of code, law, or administrative rule, the training provider may self-affirm by completing Form FBCED 2003-03 (adopted above in paragraph (3)(b)). The same change may be made in more than one place in the course. The code version, law or administrative rule must be noted on the application. The training provider must list the exact correction or update, the specific location of the correction or update, and reason for the change in the course and affirm this is the only correction or update to the course. The correction or update to the course shall be approved by the administrator of the education program subject to ratification by the Florida Building Commission. (i) If an approved accredited course is not affected by the code, law, or administrative rule change, and no change is required, but a licensure or other board requires an updated version of the course, the training provider may self-affirm by completing Form FBCED 2003-03 (adopted above in paragraph (3)(b)). The code version must be noted on the application. The course shall be approved by the administrator of the education program subject to ratification by the Florida Building Commission. (j) If an approved accredited course is submitted as self-affirming no change or self-affirming one change, but the Florida Building Commission determines more than one change is required, the course must be reviewed by an approved accreditor in the same manner as described in paragraph (f), hereof. (k) A change to the delivery format of an approved accredited course must be submitted for accreditation. (4) Course Content and Accreditor Review. Accreditors shall review courses submitted by registered providers to determine if the course accurately presents the technical and administrative responsibilities reflected in law, administrative rule, current edition of the Florida Building Code or future editions approved for adoption by the Florida Building Commission. If a course is impacted by any subsequent changes to the updates approved for adoption by the Florida Building Commission, the provider is responsible for revising the course to comply with the Florida Building Code in accordance with paragraphs (3)(f) through (j). Accreditors shall not mutually accredit each others’ courses. The accreditor shall determine if the course meets the following minimum criteria: (a) The course title and number shall include:
10. The code edition, law, or administrative rule; and
11. The word “advanced”; (b) Hours of credit; (c) Name, address, telephone number and e-mail address of the provider; (d) Course description completely describing what the particular course is designed to address; (e) Course/learning objectives; (f) Course time allotments for course content; (g) Course outline and instructional methods – detailed description of course content in sequence of how taught and methods used to teach that content. The following instructional methods are authorized, but are not limited to: exercises, quizzes, discussion groups, reading assignments, projects, simulations and presentations; (h) Code edition, law or administrative rule to which the course relates; (i) Course references cited in the outline; (j) Method of course evaluations; (k) Course certificate of completion: (l) A minimum of 50% of the actual training materials content shall be related to the Florida Building Code or Florida Statutes or rules related to the Florida Building Code; (m) Course materials shall accurately reflect the Florida Building Code and other topics under the jurisdiction of the Florida Building Commission; and (n) Course materials provided to the attendee shall be provided to the accreditor. (5) Course Accreditation by the Florida Building Commission. Accredited courses are to effectively and accurately address the technical and administrative responsibilities in the effective execution of the Florida Building Code or Florida Statutes or rules related to the Florida Building Code. (6) The Commission shall audit a minimum of 2% of all accredited courses. The courses selected for audit may not be those of only one provider or reviewed by only one accreditor. Any course submitted for accreditation or re-accreditation determined to not accurately reflect the current or adopted Florida Building Code edition; or Florida Statutes or rules related to the Florida Building Code shall be reported to the Commission for further action. All approved advanced building code courses must reflect the current or adopted Florida Building Code edition; or Florida Statutes or rules related to the Florida Building Code. Any courses accredited and determined by audit or any means to not accurately reflect the current or adopted Florida Building Code edition; or Florida Statutes or rules related to the Florida Building Code or accredited by an accreditor outside the approved areas of expertise shall have the accreditation revoked, the status of the course communicated to the respective licensing board or boards, and the provider will be required to file a new application for accreditation. (7) In the event the Commission identifies areas or topics of advanced building code education with an insufficient number of courses available through existing resources, the Commission shall report the areas or topics to the appropriate licensing board. If additional courses do not become available within six months of notification to the licensing board, upon a finding that the absence of course work in the identified subject area is detrimental to the effective administration and enforcement of the Florida Building Code, and funds are available in the Commission’s budget for course development, the Commission will develop a minimum of one (1) course that will be made available to training providers. Rulemaking Authority 553.841(6) FS. Law Implemented 553.841 FS. History–New 6-8-05, Amended 4-30-07, 6-12-08, 3-4-09, 11-2-09, 1-9-11, Formerly 9B-70.002, Amended 2-5-13, 11-19-14, 12-19-21.

Division 61M Florida Mobile Home Relocation Corporation

Chapter 61M-1 GENERAL AND PROCEDURAL RULES

Fla. Admin. Code R. 61M-1.001 Procedures for Operation

(1) The Florida Mobile Home Relocation Corporation (referred to in these rules as “Corporation”) board of directors, one of whom serves as chair, shall conduct the corporation’s business at meetings held as frequently as deemed necessary by the board. All such meetings shall be noticed in the Florida Administrative Register, as well as the principal publications of the largest nonprofit association representing mobile home owners in this state and the largest nonprofit association representing the manufactured housing industry in this state, who comprise the members of the Corporation board of directors. Such notice shall be published at least 7 days prior to the date scheduled for the meeting of the board of directors, except in the case of emergency meetings of the board of directors, in which case the notice may be published less than 7 days prior to the date of the meeting. The board of directors may hold meetings by telephone conference call, or other electronic means, by providing 48 hours written notice via facsimile to the largest nonprofit association representing mobile home owners in this state, the largest nonprofit association representing the manufactured housing industry in this state and to other interested parties who have provided notice to the Corporation of their interest in receiving public notice of Corporation business, to review applications for payment of relocation expenses or abandonment so as to meet the timetable set forth in Section 723.0612(4), F.S., and to conduct such other business as authorized by law. Regular meetings of the Corporation board of directors may also be conducted by telephone conference call upon providing the 7 day notice referred to above and members of the board of directors may attend any in person meetings of the Corporation by telephone.

(2) The board of directors may employ or retain attorneys, accountants and administrative personnel to perform the administrative and financial transactions and responsibilities of the Corporation and to perform any other necessary duties not prohibited by law. The board of directors is not required to engage in a competitive solicitation or bidding process for goods and services needed by the board to perform its functions.

(3) Members of the board of directors may be reimbursed by the Corporation for actual and necessary expenses incurred by them as members in accordance with state guidelines as approved by the department. Members of the board of directors are not entitled to any additional compensation for their services.

(4) The Corporation’s addresses for receipt of mail, electronic mail, and any official notices required by Section 723.0612, F.S., shall be published in a conspicuous place on the Corporation’s official website (www.fmhrc.org).

(5) The Corporation is authorized to open accounts with financial institutions or credit unions to conduct the financial affairs of the Corporation.

(6) The Corporation shall implement procedures, in conjunction with the department, for the transfer of funds from the Florida Mobile Home Relocation Trust Fund to the Corporation for the payment of claims for relocation and abandonment expenses approved by the board of directors.

History

• Rulemaking Authority 723.0611(3) FS. Law Implemented 723.0611, 723.0612 FS. History–New 1-6-04, Amended 11-3-04, 10-1-08, 6-12-24.

Fla. Admin. Code R. 61M-1.002 Claims Procedures

(1) In order to receive payment from the Corporation for relocation expenses, the applicant shall submit to the Corporation, with a copy to the park owner, a Home Owner Application for Payment of Relocation Expenses, FMHRC Form 1001 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16672) or Spanish FMHRC Form 1001 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16680), incorporated herein by reference, which includes a copy of the notice of eviction due to change in use of the land comprising the mobile home park and a copy of the signed contract with an installer that includes an itemization of the costs of taking down, moving and setting up the mobile home in a new location. The copy of the notice of eviction shall show a date after July 1, 2001, the effective date of the statute creating the Florida Mobile Home Relocation Corporation. The Installer’s Form, FMHRC Form 1007 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16676) or Spanish FMHRC Form 1007 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16684), incorporated herein by reference, must be used in order for the applicant’s request to be considered for approval by the board of the Corporation. The application shall also include a copy of the title(s) to the mobile home showing the name of the owner of the home being the same as the applicant for relocation expenses. The title certificate must bear the Department of Highway Safety and Motor Vehicles designation of “HS” which designates the home as a “mobile home.” No other designation on the title will be accepted for processing and approval for relocation expenses. Any application received that does not contain complete information and all of the required documentation shall be returned by the Corporation to the applicant along with a notice of the deficiencies in the application. Only completed applications will receive a date stamp. In the event the applicant resubmits the application with the required documentation, the application will then receive a date stamp assigning its priority. Applicants for payment under this section shall also submit an Acknowledgment of Non-Participation in Litigation and Acknowledgment of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16677) or Spanish FMHRC Form 1008 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16685), incorporated herein by reference. An applicant who complies with the application requirements of law and rule shall be entitled to payment of the actual moving expenses as set forth in section 723.0612(1), F.S., to relocate the mobile home within a 50-mile radius of the vacated park. Please refer to the Corporation’s website for the forms referenced herein and for additional information on when to submit an application for assistance from the Corporation and for other information regarding the Corporation, www.fmhrc.org.

(2) Completed applications received by the Corporation will be date stamped. Priority of payment of claims for relocation expenses will be based upon the date the completed application is date stamped.

(3) The Corporation must approve payment within 45 days after receipt of the completed relocation application, or payment is deemed approved. Once the mobile home has been moved to its new location, the Corporation shall forward to the park owner notice of the approval along with an invoice for payment as set forth in section 723.06116(1), F.S.

(4) If funds are available and the completed application is approved, the following shall occur:

(a) In the event the mobile home has not yet been moved to a new location, the Corporation shall issue a voucher to the installer in the amount of the contract price for relocation of the mobile home. The amount of the voucher shall be as approved by the board of the Corporation and as set forth in Section 723.0612(1), F.S. The installer may redeem the voucher from the Corporation following completion of the relocation of the mobile home and upon approval of the relocation by the mobile home owner that the work performed was satisfactory. Within 30 days of receipt of Installer Voucher for Payment for Mobile Home Relocation, FMHRC Form 1003 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16674) or Spanish FMHRC Form 1003 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16682), incorporated herein by reference, and proof of the satisfactory completion of the relocation by the installer, the Corporation shall pay the amount set forth on the voucher.

(b) In the event the applicant has already moved the mobile home to a new location and paid for the move, the Corporation shall issue a voucher to the applicant whose application was previously approved by the Corporation in accordance with this rule. The amount of the voucher shall be as approved by the board of the Corporation and as set forth in Section 723.0612(1), F.S. The applicant may redeem the voucher upon submitting proof of the relocation of the mobile home in the form of a receipt or invoice marked “paid” by the installer. Within 30 days of receipt of Applicant Voucher for Payment for Mobile Home Relocation, FMHRC Form 1004 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16675) or Spanish FMHRC Form 1004 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16683), incorporated herein by reference, and proof of the relocation by the installer, as set forth herein, the Corporation shall pay the amount set forth on the voucher.

(5) In the event a mobile home owner who has been evicted for change in the use of the land chooses to abandon the mobile home pursuant to Section 723.0612(7), F.S., the home owner who received a notice of eviction may, so long as the mobile home owner delivers to the park owner the current title(s) to the mobile home properly endorsed by the owner of record with valid releases of all liens shown on the title(s), collect payment from the Corporation as set forth in section 723.0612(7). In order to qualify for reimbursement under this subsection, the title certificate on the mobile home sought to be abandoned must bear the Department of Highway Safety and Motor Vehicles designation of “HS” which is the designation as a “mobile home.” No other designation will be accepted for processing and approval for payment for an abandoned home. The applicant who seeks payment under this section shall submit to the Corporation an Application for Payment for Abandoned Mobile Home, FMHRC Form 1002 (Revised 6-12-24.) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16673) or Spanish FMHRC Form 1002 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16681), incorporated herein by reference, which includes a copy of the notice of eviction due to change in the use of the land comprising the mobile home park and a copy of the current title(s) to the mobile home with the proper designation of “HS” duly endorsed to the park owner by the owner of record and valid releases of all liens shown on the title. Applicants for payment under this paragraph shall also submit an Acknowledgment by Park Owner When a Home Is Abandoned, FMHRC Form 1009 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16678) or Spanish FMHRC Form 1009 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16686), incorporated herein by reference, with either the park owner’s signature acknowledging abandonment and agreeing to make payment to the Corporation, or the applicant’s signature certifying their inability to obtain the park owner’s signature; Abandonment Acknowledgement, FMHRC Form 1010 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16679) or Spanish FMHRC Form 1010 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16687), incorporated herein by reference, which is a form stating when the home was abandoned and the address to which payment should be sent; and Acknowledgment of Non-Participation in Litigation and Acknowledgment of Non-Acceptance of Compensation from Park Owner, FMHRC Form 1008 (Revised 6-12-24) (https://www.flrules.org/Gateway/reference.asp?No=Ref-16677) or Spanish FMHRC Form 1008 (Revised 6-12-24) (http://www.flrules.org/Gateway/reference.asp?No=Ref-16685), incorporated herein by reference. For applications approved, the Corporation shall forward the park owner a copy of the approval along with an invoice for payment as set forth in section 723.0612(7), F.S. Only completed applications will receive a date stamp. In the event the applicant resubmits the application with the required documentation, the application will then receive a date stamp assigning its priority. Please refer to the Corporation’s official website for the forms referenced herein and for additional information on when to submit an application for assistance from the Corporation, and for other information regarding the Corporation, www.fmhrc.org.

(6) In the event the funds for payment of relocation expenses or payment for abandonment of the mobile home have been exhausted, the following procedures will be utilized:

(a) The applicant who has properly completed the relocation application and attached the required documentation, and been approved by the Corporation will receive a certificate, Certificate for Payment of Relocation Expenses When Funds Become Available, Form 1005 (Revised 7-1-15) (https://www.flrules.org/Gateway/reference.asp?No=Ref-06006) or Spanish FMHRC Form 1005 (Revised 7-1-15) (http://www.flrules.org/Gateway/reference.asp?No=Ref-13328), incorporated herein by reference, showing the time and date of approval of payment of an applicant’s relocation expenses. Should sufficient funds become available, the Corporation shall pay the claimant for relocation expenses whose unpaid claim is the earliest by time and date of approval.

(b) The applicant who has properly completed the abandonment application and attached the required documentation, and been approved by the Corporation, will receive a certificate, Certificate for Payment for Abandoned Mobile Home When Funds Become Available, Form 1006 (Revised 7-1-15) (https://www.flrules.org/Gateway/reference.asp?No=Ref-06007) or Spanish FMHRC Form 1006 (Revised 7-1-15) (http://www.flrules.org/Gateway/reference.asp?No=Ref-13329), incorporated herein by reference. The Corporation shall pay the applicant at the time the park owner has made the required payment to the Corporation for that applicant.

(7) Completed applications received will be date stamped. Priority of payment of claims for abandonment expenses will be based upon the date the completed application is date stamped.

(8) The Corporation must approve payment within 45 days after receipt of the completed abandonment application, or payment is deemed approved. Once the mobile home has been abandoned, the Corporation shall forward to the park owner a copy of the approval along with an invoice for payment as set forth in section 723.0612(7), F.S.

(9) All forms referenced in these rules and utilized by the Corporation may be obtained by visiting www.fmhrc.org.

History

• Rulemaking Authority 723.0611(3) FS. Law Implemented 723.061, 723.06116, 723.0612 FS. History–New 1-6-04, Amended 11-3-04, 10-1-08, 11-5-15, 7-21-21, 6-12-24.

Fla. Admin. Code R. 61M-1.003 Approved Forms

History

• Rulemaking Authority 723.00611(3) FS. Law Implemented 723.061, 723.0611, 723.06116, 723.0612 FS. History–New 1-6-04, Amended 11-3-04, Repealed 10-1-08.

Fla. Admin. Code R. 61M-1.004 Late Fees

(1) Pursuant to Section 723.06116(1)(a)-(d), F.S., late fees will be imposed according to the following schedule:

(a) 10% of total amount due for over 30 days past due;

(b) 15% of total amount due for over 60 days past due;

(c) 20% of total amount due for over 90 days past due; and

(d) 25% of total amount due for 120 days or more past due.

(2) In determining the initial 30-day past due deadline and imposition of all subsequent late fees, 5 days for mailing will be added to the original invoice postmark date.

History

• Rulemaking Authority 723.0611(3) FS. Law Implemented 723.06116(1) FS. History–New 10-1-08.

Fla. Admin. Code R. 61M-1.006 Qualification for COmpensation

(1) In order to qualify for compensation from the Corporation, the applicant must be mobile home owner as defined in Section 723.003, F.S., with title of the home in the name of the applicant and that person must have a valid rental agreement with a mobile home park on the date the rental agreement is terminated pursuant to Section 723.061(1)(d), F.S.

(2) Nothing in this rule shall limit the provisions of Section 723.0612, F.S., governing compensation from the Corporation.

(3) A mobile home owner is entitled to compensation from the Corporation if there is a valid rental agreement at the time the applicant is approved for compensation from the Corporation, or through the effective date of termination of the rental agreement set forth in the notice of termination for a change in use of the land as set forth in Section 723.061(1)(d), F.S., whichever occurs first.

(4) If a mobile home owner is sued for eviction for any reason under Section 723.061, F.S., during the pendency of the notice of termination for a change in use of the land as set forth in Section 723.061(1)(d), F.S., the right to compensation will terminate as to that applicant upon issuance of the Writ of Possession by the court, if issuance of the Writ of Possession occurs prior to the date of the Corporation’s approval of the application for compensation.

History

• Rulemaking Authority 723.0611(3) FS. Law Implemented 723.003, 723.06116(1) FS. History–New 10-1-08.

Fla. Admin. Code R. 61M-1.007 Timeframe to Apply for Assistance

Pursuant to Section 723.0612(12), F.S., an applicant shall have 1 year after the expiration of their notice of eviction due to change in the use of the land to apply for assistance from the Corporation. If the applicant is a participant in a legal action based on the change in the use of the land against the mobile home park owner and the claim is subsequently dismissed, then the applicant shall have 2 years after the expiration of the notice of eviction due to a change in the use of the land within which to apply for assistance from the Corporation.

History

• Rulemaking Authority 723.0611(3) FS. Law Implemented 723.0612(9), (12) FS. History–New 10-1-08.

Fla. Admin. Code R. 61M-1.008 Grievance Procedure

(1) Any applicant for payment or compensation from the Corporation who is dissatisfied with the decision of the Corporation’s board of directors may file a grievance with a committee appointed to hear such grievances. The grievance committee shall be comprised of a panel of 4 members, 2 of whom are appointed by the largest non-profit association representing mobile home owners in this state, and 2 of whom are appointed by the largest non-profit association representing mobile home park owners. The grievance committee shall not include any current members of the Corporation’s board of directors.

(2) All grievances must be filed in writing within 30 days of notification of the action from which the grievance arose and considered by the grievance committee within 45 days of receipt of all required information as described in subsection (4), below.

(3) The grievance shall be submitted in writing to the Corporation. Upon receipt of the written grievance, the Corporation shall forward the grievance to the grievance committee.

(4) The written grievance shall include the following information:

(a) The date of the adverse determination upon which the grievance is based;

(b) A detailed description of the facts and circumstances complained of;

(c) The desired relief sought; and

(d) Supporting documentation.

(5) The recommendation of the grievance committee will be reported to and duly considered by the Corporation’s board of directors, which will make a final decision regarding the grievance.

History

• Rulemaking Authority 723.0611(3) FS. Law Implemented 723.0611(3) FS. History–New 10-1-08.

Division 61J1 Florida Real Estate Appraisal Board

Chapter 61J1-1 INTERNAL ORGANIZATION AND OPERATION

Fla. Admin. Code R. 61J1-1 INTERNAL ORGANIZATION AND OPERATION

CHAPTER 61J1-1 INTERNAL ORGANIZATION AND OPERATION 61J1-1.001 Membership (Repealed) 61J1-1.003 Chairperson (Repealed) 61J1-1.004 Minutes (Repealed) 61J1-1.005 Internal (Repealed) 61J1-1.006 Principal Office (Repealed) 61J1-1.007 Board Member Compensation (Repealed) 61J1-1.008 Authorized Signatures on Final Orders (Repealed) 61J1-1.009 Probable Cause Panel 61J1-1.011 Designation of Official Reporter (Repealed) 61J1-1.001 Membership. Rulemaking Authority 475.614 FS. Law Implemented 455.207(3), 475.613 FS. History–New 10-15-91, Amended 11-8-92, Formerly 21VV-1.001, Repealed 1-30-12. 61J1-1.003 Chairperson. Rulemaking Authority 475.614 FS. Law Implemented 455.207, 475.613 FS. History–New 10-15-91, Formerly 21VV-1.003, Amended 9-13-09, Repealed 1-30-12. 61J1-1.004 Minutes. Rulemaking Authority 475.614 FS. Law Implemented 120.53 FS. History–New 10-15-91, Formerly 21VV-1.004, Repealed 1-30-12. 61J1-1.005 Internal. Rulemaking Authority 475.614 FS. Law Implemented 120.53 FS. History–New 10-15-91, Formerly 21VV-1.005, Repealed 1-30-12. 61J1-1.006 Principal Office. Rulemaking Authority 475.614 FS. Law Implemented 120.53, 455.205 FS. History–New 10-15-91, Formerly 21VV-1.006, Repealed 1-30-12. 61J1-1.007 Board Member Compensation. Rulemaking Authority 455.207, 475.614 FS. Law Implemented 455.207, 475.613 FS. History–New 10-15-91, Formerly 21VV-1.007, Amended 3-8-95, Repealed 1-30-12. 61J1-1.008 Authorized Signatures on Final Orders. Rulemaking Authority 475.614 FS. Law Implemented 120.52, 120.53, 120.569, 455.225 FS. History–New 10-15-91, Formerly 21VV-1.008, Repealed 1-30-12. 61J1-1.009 Probable Cause Panel. (1) The determination of probable cause that a registrant, licensee, certificate holder, or permit holder has violated the Real Estate Appraisal License Law, Part II, Chapter 475, F.S., or any of the board’s rules or orders, shall be made by the probable cause panel of the board. (2) There may be multiple probable cause panels of the board. The probable cause panels shall be composed of two members which shall constitute a quorum. The members of the panel shall be appointed by the chairperson of the board and shall serve for the period directed by the chairperson. As provided in Section 455.225(4), F.S., one of the panel members may be a former member of the board, one must be a present member of the board, and one must be a former or present consumer member, if one is available, willing to serve, and is authorized to do so by the chairperson. Rulemaking Authority 455.225, 475.614 FS. Law Implemented 455.225 FS. History–New 10-15-91, Formerly 21VV-1.009, Amended 8-8-93, 1-29-95, 7-2-95, 1-8-06, 12-4-06, 7-5-10. 61J1-1.011 Designation of Official Reporter. Rulemaking Authority 475.614 FS. Law Implemented 120.53(4) FS. History–New 9-22-93, Amended 9-6-94, Repealed 1-30-12.

Chapter 61J1-2 REGISTRATION DETAILS AND FEE STRUCTURE

Fla. Admin. Code R. 61J1-2 REGISTRATION DETAILS AND FEE STRUCTURE

CHAPTER 61J1-2 REGISTRATION DETAILS AND FEE STRUCTURE 61J1-2.001 Fees 61J1-2.002 Renewal Period 61J1-2.0025 Appraisal Management Company Annual Report 61J1-2.0026 Federally Regulated Appraisal Management Company Annual Report and Notification 61J1-2.003 Inactive Renewal 61J1-2.004 Exemption of Spouses of Members of Armed Forces from Renewal Provisions 61J1-2.0045 Exemption of Members of Armed Forces from Renewal Provisions 61J1-2.005 Inactive Registration 61J1-2.007 Refund of Applicant and License Fees 61J1-2.001 Fees. (1) The application fee shall be as follows:

Registered Trainee Appraiser $50.00

Certified Residential Appraiser $58.00

Certified General Appraiser $46.00

Appraisal Management Company $150.00

(2) The biennial fee shall be:

Registered Trainee Appraiser $175.00

Licensed Appraiser $175.00

Certified Residential Appraiser $175.00

Certified General Appraiser $175.00

Appraisal Management Company $300.00

(3) The fee for appraisal course instructors shall be:

Application for General Appraiser Instructors $20.00

Application for Residential Appraiser Instructors $32.00

Biennial Permit $50.00

(4) Fees for appraisal course related categories shall be:

For each sponsor application for evaluation for approval of education offering $200.00

For each sponsor biennial education offering renewal $100.00

For each evaluation of a previously nonaccredited education course $50.00

(5) Temporary Practice fee $50.00

(6) Late Renewal of an inactive registration, license or certification $25.00

(7) Biennial Registry fee for licensed and certified appraisers as required by the Appraisal Subcommittee $80.00

(8) Annual Registry fee for registered appraisal management companies (AMC) as required by the Appraisal Subcommittee. Varies

(a) In the case of an AMC that has been in existence for more than a year, the fee shall be $25.00 multiplied by the number of appraisers who have performed an appraisal for the AMC in connection with a covered transaction in such state during the previous year.

(b) In the case of an AMC that has been in existence for less than a year, the fee shall be $25.00 multiplied by the number of appraisers who have performed an appraisal for the AMC in connection with a covered transaction in such state since the AMC commenced doing business.

(9) Duplicate registration, license or certification $20.00

(10) Checks returned insufficient funds or account closed or an amount up to 5% of the face amount of the check, whichever is greater $15.00

(11) Examination Review $35.00

(12) Unlicensed activity fee for initial licensure and license renewal $5.00

(12) The fee for request for a change of examination date, which must be in No fee

(a) Requests received by the examination vendor 3 or more days prior to the scheduled date $15.00

(b) Requests received by the examination vendor less than 3 days prior to the scheduled date $61.00

(13) Application fee for a registered trainee, licensed or certified appraiser to obtain a different status when such application is received by the department within 180 days prior to or after the renewal period established in rule 61J1-2.002, F.A.C. $50.00

(14) Letter of Good Standing $25.00

Rulemaking Authority 475.614, 475.621(2) FS. Law Implemented 215.34, 455.217, 455.2281, 455.271(6)(b), 475.6147, 475.615, 475.618, 475.621(2) FS. History–New 10-15-91, Amended 6-7-92, 5-6-93, Formerly 21VV-2.001, Amended 9-22-93, 7-5-94, 5-22-95, 8-20-96, 11-11-97, 10-1-98, 10-29-98, 1-7-99, 11-15-99, 11-10-03, 2-21-06, 9-21-06, 12-4-06, 3-13-07, 12-4-07, 7-17-11, 7-16-12, 5-8-13, 3-1-17, 6-11-18, 11-9-22. 61J1-2.002 Renewal Period. (1) Each registration, license, certificate or instructor permit shall be renewed on a biennial basis. The schedule for biennial renewal shall be as established in Rule 61-6.001, F.A.C. (2) Each appraisal management company registration shall be renewed on a biennial basis. The schedule for biennial renewal shall be as established in Rule 61-6.043, F.A.C. Rulemaking Authority 475.614 FS. Law Implemented 475.618 FS. History–New 10-15-91, Formerly 21VV-2.002, Amended 7-2-95, 6-11-18. 61J1-2.0025 Appraisal Management Company Annual Report. (1) The purpose of the Annual Report is to calculate and collect, if appropriate, the Appraisal Management Company National Registry fee. The fee calculation is found in subsection 61J1-2.001(8), F.A.C. An annual report must be submitted even if no fee is due. (2) In accordance with the provisions contained in 12 U.S.C. 3338, on an annual basis, each authorized representative or controlling person of an Appraisal Management Company (AMC) registered with the State shall submit an Annual Report to the Department on DBPR form FREAB 5 Appraisal Management Company ‒ Annual Report (effective 12/2022), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-15206 or http://www.myfloridalicense.com/dbpr/re/documents/FREAB5.pdf. (3) The Annual Report shall include: (a) identifying information for the AMC; (b) the number of appraisers who have performed an appraisal for the AMC in connection with a covered transaction in the State during the previous year, or from the commencement of business for AMCs not in existence for the entire previous year. (4) The annual basis shall be the period from October 1 to September 30 of each calendar year. (5) Beginning in November 2019, the Annual Report and AMC National Registry fee shall be due by November 30 of each calendar year. (6) A registered AMC who does not timely submit an Annual Report and/or the AMC National Registry Fees: (a) Shall not appear on the AMC National Registry. (b) Shall be subject to disciplinary action. Rulemaking Authority 475.614, 475.621, 475.6235 FS. Law Implemented 475.621, 475.6235 FS. History‒New 10-29-19, Amended 3-12-23. 61J1-2.0026 Federally Regulated Appraisal Management Company Annual Report and Notification. (1) The purpose of the Annual Report is to calculate and collect, if appropriate, the Appraisal Management Company National Registry fee. (2) In accordance with the provisions contained in 12 U.S.C. 3338, on an annual basis, each authorized representative or controlling person of a Federally Regulated Appraisal Management Company (AMC) registered with the State shall submit an Annual Report and Notification to the Department on FREAB Form 6, Federally Regulated Appraisal Management Company ‒ Annual Report and Notification Form (effective 8/2022), hereby adopted and incorporated by reference, which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-14851. (3) The Annual Report shall include: (a) Identifying information for the AMC; (b) The number of appraisers who have performed an appraisal for the AMC in connection with a covered transaction in the State during the previous year, or from the commencement of business for AMCs not in existence for the entire previous year. (4) The annual basis shall be the period from October 1 to September 30 of each calendar year. (5) Beginning in November 2019, the Annual Report and Notification and AMC National Registry fee shall be due by November 30 of each calendar year. (6) An AMC who does not timely submit an Annual Report and/or the AMC National Registry Fees shall not appear on the AMC National Registry as eligible to operate in Florida. Rulemaking Authority 475.614, 475.621, 475.6235 FS. Law Implemented 475.621, 475.6235 FS. History‒New 12-9-19, Amended 11-13-22. 61J1-2.003 Inactive Renewal. (1) An inactive registrant, licensee or certificate holder may elect to renew as active by submitting a request, proof of continuing education and the fees established in Rule 61J1-2.001, F.A.C. The education requirement for renewal does not apply to appraisal management company registrations. (2) When the total period of inactive status exceeds 4 years, the registration, license or certification shall automatically expire per Section 475.619(2), F.S. Two years prior to the expiration, the Department of Business and Professional Regulation shall give notice by mail to the last known address of the registrant, licensee or certificate holder. Rulemaking Authority 475.614 FS. Law Implemented 475.619 FS. History–New 10-15-91, Formerly 21VV-2.003, Amended 1-16-12. 61J1-2.004 Exemption of Spouses of Members of Armed Forces from Renewal Provisions. A registered trainee appraiser who is the spouse of a member of the Armed Forces of the United States now or hereafter on active duty and who is absent from the State of Florida because of the spouse’s duties with the Armed Forces shall be exempt from renewal provisions under the Rules of the Florida Real Estate Appraisal Board provided he or she is not engaged in his or her licensed profession or vocation in the private sector for profit. The exemption shall last during the absence from the state because of the spouse’s duties with the Armed Forces and for a period of six months after returning to the state. Rulemaking Authority 455.02, 475.614 FS. Law Implemented 455.02 FS. History–New 10-15-91, Formerly 21VV-2.004, Amended 12-4-06, 7-5-15. 61J1-2.0045 Exemption of Members of Armed Forces from Renewal Provisions. Any member of the Armed Forces of the United States now or hereafter on active duty who, at the time of becoming such member, was a certified appraiser in good standing with the Florida Real Estate Appraisal board (Board) and was entitled to practice or engage in real estate appraising in the state shall be kept in good standing by the Board, without registering, paying dues or fees, or performing any other act on his or her part to be performed, provided he or she is not engaged in his or her licensed profession or vocation in the private sector for profit. However, all certified or licensed appraisers must complete all necessary continuing education requirements within 180 days after being discharged from active military duty with the United States Armed Forces. Rulemaking Authority 455.02, 475.614, 475.615(2) FS. Law Implemented 455.02 FS. History–New 12-4-06. 61J1-2.005 Inactive Registration. (1) An applicant for registration as an appraiser, who has otherwise met the registration requirements, may obtain the registration without the necessity of having designated a certified appraiser as a primary supervisor. The registration shall be designated inactive upon being issued. (2) At any time after obtaining registration as an appraiser, the registrant may request inactive status by submitting to the Board DBPR form FREAB 16 found in Rule 61-35.026, F.A.C. The fee to change licensure status is found in Rule 61J1-2.001, F.A.C. (3) At any time after obtaining registration as an appraiser, the registrant does not have on record with the Department of Business and Professional Regulation the name of a certified appraiser as a primary supervisor, the registration shall be designated inactive. (4) Pursuant to Section 475.618(3), F.S., any registration not renewed at the end of the registration period shall be designated inactive. (5) A registered appraiser, whose registration is designated inactive pursuant to subsection (1), (2) or (3), may request an active registration on DBPR form FREAB 16. If the inactive duration is less than 2 years and does not extend beyond 1 biennial renewal cycle (registration period), no additional education or fee is required. (6) A registered appraiser, whose registration is designated inactive pursuant to subsection (4), or whose inactive status extends beyond the biennial renewal cycle, shall comply with the education and fee requirements of Rule 61J1-4.007, F.A.C., in order to request an active registration. (7) Any registration which exceeds 4 years in the inactive status shall automatically expire, and the person must meet all the requirements for initial registration. Rulemaking Authority 475.614, 475.619 FS. Law Implemented 475.613(2), 475.618, 475.619 FS. History–New 9-22-93, Amended 7-5-94, 5-8-06, 11-4-15, 10-10-17. 61J1-2.007 Refund of Applicant and License Fees. Upon written request, a refund of fees will be made under the following circumstances and in the following amounts: (1) The Board shall refund to the applicant, or the applicant’s beneficiary, any portion of the application fee not expended in processing the application. The applicant’s application shall be considered null and void upon payment of the refunded amount. (2) Any fees accepted or collected in error or in excess of that required shall be refunded. (3) In the event a registered trainee, licensee or certificate holder dies prior to the effective date of a renewal period, the full amount of the fee collected for the renewal of the registration, license or certificate shall be refunded to the beneficiary. Rulemaking Authority 475.614 FS. Law Implemented 475.6147 FS. History–New 10-29-98, Amended 2-16-04.

Chapter 61J1-3 APPLICATION REQUIREMENTS

Fla. Admin. Code R. 61J1-3 APPLICATION REQUIREMENTS

CHAPTER 61J1-3 APPLICATION REQUIREMENTS 61J1-3.001 Application by Individuals 61J1-3.002 Where to Apply (Repealed) 61J1-3.003 Notice of Denial (Repealed) 61J1-3.004 Issuance of Certification 61J1-3.001 Application by Individuals. (1) An applicant for registration or certification as an appraiser shall submit an application in such a manner as provided by the Department. (2) The applicant must show that the applicant has the necessary qualifications as follows: (a) That the applicant is 18 years of age or older. (b) That the applicant holds a high school diploma or its equivalent. (3) The applicant shall indicate whether the applicant is seeking registration, or certification. (4) At the time of application, the applicant must furnish evidence of successful completion of the required education pursuant to Rule 61J1-4.001 or 61J1-4.002, F.A.C., and evidence of the required experience pursuant to Rule 61J1-6.001, F.A.C. (5) At the time of filing the application for registration, or certification, the applicant must sign a pledge to comply with the Uniform Standards of Professional Appraisal Practice as defined in Section 475.611(1)(bb), F.S., and must indicate in writing that the applicant understands the types of misconduct for which disciplinary proceedings may be initiated. (6) The applicant must make it possible for the Board to begin the inquiry as to whether the applicant is competent and qualified to make real estate appraisals with safety to those with whom the applicant may undertake a relationship of trust and confidence and the general public: (a) By disclosing whether the applicant has ever been convicted or found guilty, or entered a plea of guilty or nolo contendere (no contest) to, regardless of adjudication, of a crime in any jurisdiction which directly relates to the activities of an appraiser, or which involves moral turpitude or fraudulent or dishonest conduct; and (b) By disclosing any civil proceedings pending against the applicant or if any civil judgment has been rendered against the applicant in a case wherein the pleadings charged the applicant with fraudulent or dishonest dealings; and (c) By disclosing if the applicant has had a registration, license, or certification to practice any regulated profession, business, or vocation revoked, suspended, disbarred or otherwise acted against by this or any other state, any nation, or any possession or district of the United States, or has had an application for such registration, licensure or certification to practice or conduct any regulated profession, business or vocation denied by this or any other state, any nation, or any possession or district of the United States. (d) If an applicant disclosed information pursuant to paragraph 61J1-3.001(6)(a), (b), or (c), F.A.C., then the applicant must submit copies of the following documents along with his or her application to be considered for licensure: criminal judgments and sentences, civil judgments, civil decrees, and/or final orders by administrative and/or regulatory agencies pertaining to licensure. If such documents are no longer retained by a clerk of court or agency clerk or are no longer in existence, then the applicant must submit proof, such as a written affidavit or statement from a clerk of court or agency clerk, that said documents are no longer retained or are no longer in existence. (7) If the applicant fails to take the examination or fails to successfully complete the examination within 1 year of the Department receiving the application, the application shall expire and a new application must be filed. Rulemaking Authority 475.614 FS. Law Implemented 475.615, 475.617, 475.624 FS. History–New 10-15-91, Formerly 21VV-3.001, Amended 10-29-98, 1-7-99, 2-21-02, 5-25-04, 1-8-06, 12-4-06, 3-13-07, 11-2-23. 61J1-3.002 Where to Apply. Rulemaking Authority 475.614 FS. Law Implemented 475.615 FS. History–New 10-15-91, Formerly 21VV-3.002, Repealed 5-22-05. 61J1-3.003 Notice of Denial. Rulemaking Authority 475.614 FS. Law Implemented 120.57, 120.60 FS. History–New 10-15-91, Formerly 21VV-3.003, Amended 1-7-99, Repealed 6-18-14. 61J1-3.004 Issuance of Certification. Any applicant requesting the issuance of his or her certification shall submit an application after completing the required education and experience components and shall submit to the Board the following in order for the applicant’s certification to be issued: (1) Have completed and submitted an application for certification in the manner prescribed by Rule 61J1-3.001, F.A.C., that demonstrates compliance with qualifications for certification as specified in Section 475.615, F.S.; (2) Provide the Board with proof of successful completion of the education component as specified in Section 475.617, F.S., and as further defined in Rules 61J1-10.002, 61J1-10.003, 61J1-10.004, F.A.C.; and (3) Provide the Board with proof of completion of the experience component for certification as specified in Section 475.617, F.S., and as further defined in Rule 61J1-6.001, F.A.C. (4) Effective January 1, 2015, an applicant who is certified in another state shall: (a) Demonstrates successful completion of the Florida Supplemental exam with a passing score; and (b) Demonstrates that the applicant has complied with subsections 61J1-3.001(1), (5), and (6), F.A.C. Rulemaking Authority 475.613(2), 475.614, 475.6171 FS. Law Implemented 475.6171 FS. History–New 5-14-07, Amended 12-11-07, 3-24-09, 1-12-15.

Chapter 61J1-4 MINIMUM EDUCATIONAL REQUIREMENTS

Fla. Admin. Code R. 61J1-4 MINIMUM EDUCATIONAL REQUIREMENTS

CHAPTER 61J1-4 MINIMUM EDUCATIONAL REQUIREMENTS 61J1-4.001 Qualifying Education 61J1-4.002 Equivalency Education 61J1-4.003 Continuing Education 61J1-4.004 Application for Courses (Repealed) 61J1-4.005 Notice of Satisfactory Course Completion 61J1-4.006 Correspondence Courses for Hardship Cases (Repealed) 61J1-4.007 Renewal of Inactive Registrations, Licenses and Certifications 61J1-4.008 Continuing Education for School Instructors 61J1-4.009 Post-Licensing Education for Registered Trainee Appraisers (Repealed) 61J1-4.010 Supervision and Training of Registered Trainee Appraisers 61J1-4.001 Qualifying Education. (1) Board prescribed or approved courses and end-of-course examinations shall be offered by a nationally or state recognized appraisal organization, accredited universities, colleges, community colleges, area vocational-technical centers, state or federal agencies or commissions, or proprietary real estate schools registered pursuant to Section 475.451, F.S. A copy of the course application shall be submitted to the board for evaluation at least 90 days prior to use. The provider must submit a complete copy of the course materials, a detailed course timeline, learning objectives and end-of-course examinations. The Board will notify the entity within 60 days whether the course and exams meet the criteria set out in subsection (2) below, and Rules 61J1-10.001, 61J1-10.002, 61J1-10.003, 61J1-10.004, F.A.C. Approval must be granted before the course is conducted. Institutions, entities and schools offering Board prescribed or approved appraisal educational courses are responsible for keeping the course subject matter current and accurate. (2) The Board shall also approve past appraisal courses which cover substantially the same subject matter, classroom hours of attendance, and completion standards as the board approved courses offered by the entities as set out in subsections (1) and (3), and Rules 61J1-10.001, 61J1-10.002, 61J1-10.003, 61J1-10.004, F.A.C. If the requested information is found lacking to show course equivalency the Board may request supportive documentation to determine course equivalency. (3) Satisfactory course completion is demonstrated by achieving a grade of 75% or higher on a Board approved end-of-course examination. The provider shall develop at least two forms of the end-of-course examinations and submit them for approval with a detailed course syllabus, detailed timeline and two copies of the course material. The answer key must be unique for each form of the examination and reference the page numbers containing the information on which each question and correct answer is based. At least 70% of the questions on each examination form shall be application oriented. Application level means the ability to use the learned material in a completely new and concrete situation. It usually involves the application of rules, policies, methods, computations, laws, theories, or any other relevant and available information. No more than 10% of the questions on each form of the test shall be at the knowledge level. Knowledge level means the recall of specific fact, patterns, methods, terms, rules, dates, formulas, names or other information that should be committed to memory. A provider offering prescribed courses must maintain a sufficient bank of questions to assure examination validity. The examination bank must contain at least 25 items for each 15-hour segment of course time. All questions shall be multiple choice with 4 answer choices each. The order of the examination questions may not follow the sequence of the course content. No examination shall contain more than 20% duplication of questions. The examination shall comply with the Item Writing Guidelines as of January 29, 2004, incorporated herein by reference. The examination must be proctored. (4) The institution, school, or entity offering these Board prescribed or approved courses shall fully inform each student of the standards and requirements at the commencement of each course. Each student shall receive a copy of the most current course approval letter, issued by the Board, at the commencement of each course. Notice of course completion shall be made on the form prescribed by the Board in Rule 61J1-4.005, F.A.C. (5) Where any national or state recognized appraisal organization, accredited university, college, community college, area vocational-technical center, state or federal agency or commission, or proprietary real estate school allows the Board approved end-of-course examination to be retaken, students failing the Board approved end-of-course examination must wait at least 30 days from the date of the original examination to take the alternate end-of-course examination. Within one year of the original end-of-course examination, a student may retake the prescribed end-of-course exam a maximum of one time. Otherwise, students failing the appraisal education course examination must repeat the Board prescribed or approved course prior to being eligible to again take the end-of-course examinations. Makeup classes to enable the student to take the end-of-course examination and makeup examination, which are due to student or family illness, may not extend more than 30 days beyond the class scheduled examination without approval from the Board. (6)(a) The qualifying education courses required in this rule may be satisfied by a Board approved equivalent distance education course. Distance education is education that takes place when the learner is separated from the source of instruction by time and/or distance. Such distance education course subject matter, assignment work, scholastic standards and other related requirements shall be evaluated in the same manner as the course offered by classroom instruction, having due regard however, to the different method of presentation. Components of distance education include synchronous and asynchronous courses. Synchronous courses require the instructor and students to interact simultaneously online via live webinar or web-based meeting. Synchronous courses do not require proof of certification of the delivery method by the AQB or an independent certified organization approved by the AQB. The institution, school or entity offering synchronous courses must provide the delivery platform. Asynchronous courses allow the students to progress at their own pace and follow a structure course content and quiz/exam schedule. The institution, school, or entity offering distance asynchronous education courses must provide proof of certification of the delivery method by the AQB or an independent certified organization approved by the AQB. (b) The Board shall also approve past distance education appraisal courses taken after January 1, 2008 which cover substantially the same subject matter and completion standards as the board approved courses offered by the entities as set out in subsections (1) and (3), and Rules 61J1-10.001, 61J1-10.002, 61J1-10.003, 61J1-10.004, F.A.C. If the requested information is found lacking to show course equivalency the Board may request supportive documentation to determine course equivalency. (c) A copy of the distance education course materials and a copy of each form of the course examination that will be administered to students shall be submitted to the Board for evaluation and approval at least 90 days prior to use. A minimum of 2 course examinations for each course shall be submitted for approval. The Board will issue a status report to the course provider within 60 days after submission of the course and examinations. Approval must be granted before the course and examinations may be offered. Thereafter, the course and examinations shall be maintained by each institution, school, or entity offering the distance education course(s) in accordance with the Board rules pursuant to Section 475.615(2), F.S. It is the responsibility of the institution, school or entity offering the Board approved distance education courses to keep the course material current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period. (d) The qualifying education courses required in this rule may be taught by a Board approved equivalent hybrid education course. Hybrid courses can be composed of a combination of classroom, asynchronous and synchronous education. A copy of the complete course materials and a copy of each form of the course examination that will be administered to students shall be submitted to the Board for evaluation and approval at least 90 days prior to use. A minimum of 2 course examinations for each course shall be submitted for approval. The examination may be administered at the end of the course or portions of the examination may be administered to students at appropriate intervals during the course. The Board will issue a status report to the course provider within 60 days after submission of the courses and examinations. Approval must be granted before the course and examination may be offered. Thereafter, the course and examinations shall be maintained by each institution, school, or entity offering the education course(s) in accordance with the Board approved standard as subsequently modified by changing times, standards, and laws. It is the responsibility of the institution, school, or entity offering the Board approved education courses to keep the course material current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period. The examination must be proctored in person or remotely. Bio-metric proctoring is acceptable. The institution, school, or entity offering hybrid education courses must provide proof of certification of the delivery method by the AQB or by an independent certified organization approved by the AQB for the asynchronous portion of the course. The institution, school, or entity offering synchronous education courses must provide the delivery platform. (e) For distance and hybrid learning, class hours are defined as 60 minutes, of which 50 minutes are instruction attended by the student. Fifty minutes of each 60 minute class segment shall be timed. (f) Satisfactory completion of the Board prescribed qualifying education course(s) through distance and hybrid education is demonstrated by achieving a grade of 75% or higher on the Board approved examination. Students failing the Board approved end-of-course examination must wait at least 30 days from the date of the original examination to take the alternate end-of-course examination. Within one year of the original end-of-course examination, a student may retake the prescribed end-of-course exam a maximum of one time. Otherwise, students failing the appraisal education course examination must repeat the Board prescribed or approved course prior to being eligible to again take the end-of-course examinations. (g) The objective of the distance and hybrid education course examination is to test fairly and reliably whether students have learned essential facts and concepts from the course. The examination bank must contain at least 25 items for each 15-hour segment of course time. The order of the examination questions may not follow the sequence of the course content. The answer key must reference the page number(s) containing the information on which each question and correct answer is based. The answer key must be unique for each form of the examination. At least 70% of the questions on each form of the test shall be at the application level or higher. No more than 10% of the questions on each form of the test shall be at the knowledge level. The examination shall comply with the Item Writing Guidelines as of January 29, 2004, incorporated by reference in subsection (3), above. The examination must be proctored in person or remotely. Bio-metric proctoring is acceptable. (h) In all Board approved qualifying education courses by distance education, the institution, school or entity shall provide to students an address, telephone number, or e-mail address of a Board approved instructor to answer inquiries. (i) Qualifying education courses by distance education, hybrid or classroom will be approved for 24 months at which point the course will expire unless submitted to the Board and approved for renewal. Courses may not be offered or distributed after the expiration date. Each student shall receive a copy of the most current course approval letter, issued by the Board, at the commencement of each course. Students must be notified of the course expiration date upon receipt of the course materials. Rulemaking Authority 475.614, 475.617 FS. Law Implemented 475.613, 475.615, 475.617 FS. History–New 10-15-91, Formerly 21VV-4.001, Amended 1-9-94, 3-10-98, 9-6-98, 10-10-99, 5-25-04, 5-15-05, 1-17-06, 2-6-07, 12-6-07, 3-24-09, 4-28-10, 8-1-10, 7-30-14, 8-5-15, 1-4-22, 3-29-23. 61J1-4.002 Equivalency Education. The criteria for approval of equivalency for courses completed by individuals seeking credit for pre-registration, pre-certification, or appraiser continuing education shall be that the course or courses covered substantially the same subject matter, hours of attendance, hours of instruction, and completion standards as prescribed by the Florida Real Estate Appraisal Board in Rules 61J1-4.001, .003 or .007, F.A.C. Application for past course evaluation shall be accompanied by an official transcript or other documentation showing the subjects taken together with the date completed and grade received. If the requested information is found lacking to show course equivalency, the Board shall request supportive documentation to determine course equivalency. Rulemaking Authority 475.614 FS. Law Implemented 475.613, 475.615, 475.617 FS. History–New 10-15-91, Formerly 21VV-4.002, Amended 4-6-98, 3-31-02, 2-16-04, 2-18-21. 61J1-4.003 Continuing Education. (1) All registered, licensed and certified appraisers must satisfactorily complete a minimum of 30 hours of 50 minutes each of appraiser continuing education as prescribed or approved by the Florida Real Estate Appraisal Board, without duplication of material, during each renewal period as defined in Rule 61J1-2.002, F.A.C. The 30 hours shall include the 7-hour National USPAP update course or its equivalent and shall be taught by an AQB (Appraiser Qualifications Board) certified USPAP instructor, without significant duplication of material, as defined in Section 475.611(1)(q), F.S. A minimum of 3 hours shall be dedicated to a review and update of the Florida Real Estate Appraisal Law and Board Rules, and provide an introduction to other state and federal laws affecting real estate appraisals. A registered, licensed or certified appraiser is not required to complete the 30 hours of continuing education as a condition for initial registration, licensure or certification renewal if the time between the effective date on the initial registration, license or certificate and the beginning of the initial registration, licensure or certificate renewal is less than 6 months. (2) The Board shall approve for appraisal continuing education credit any course, seminar or conference in the real estate appraisal practice area provided by national or state recognized appraisal organization, accredited university, college, community college, area technical center, state or federal agency or commission or proprietary real estate school. The course will be approved for 24 months. A course may not be offered after the expiration date except for a course that is begun before the expiration date may be completed even if the completion date is after the expiration date. The criteria for approval shall be as set out in subsection (3), below. (3) Satisfactory completion of the Board prescribed or approved continuing education course or courses of classroom instruction is demonstrated by successfully meeting standards established for each Board prescribed course. These standards for approval of continuing education courses for appraisers shall be that they meet the AQB’s The Real Property Appraiser Qualification Criteria (AQB Criteria) and contain at least 2 hours of instruction and cover real estate appraisal related topics such as ad valorem taxation, arbitration, business courses related to real estate appraisal, construction estimating, ethics and standards of professional practice, valuation bias, fair housing, equal opportunity, land use planning, zoning and taxation, management, leasing, brokerage, timesharing, property development, partial interests, real estate appraisal (valuations/evaluations), real estate financing and investment, real estate law, easements, legal interests, real estate litigation, damages, condemnation, real estate appraisal related computer applications, real estate securities and syndication, developing opinions of real property value in appraisals, seller concessions, impact on value, energy-efficient items and “green building” (as that term has been described in developing the AQB Criteria) appraisals, and real property exchange. (a) A copy of the course application shall be submitted to the Board for evaluation at least 90 days prior to use. The provider must submit a complete copy of the course materials, a detailed course timeline, and learning objectives. The Board will issue a status report to the course provider within 60 days after submission of the course. Approval must be granted before the course and examinations, if required, may be offered. It is the responsibility of the institution, school, or entity offering the Board approved courses to keep the course materials current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period. (b) The national or state recognized appraisal organization, accredited university, college, community college, area technical center, state or federal agency or commission, or proprietary real estate school offering these Board prescribed or approved courses shall fully inform each student of the standards and requirements at the commencement of each course by providing each student a course syllabus that clearly states the course objective(s) and explains the desired learning outcomes. At least 70% of the desired learning outcomes shall be at the application level or higher. No more than 10% of the desired learning objectives shall be at the knowledge level. Notice of course completion shall be made as prescribed by the Board in Rule 61J1-4.005, F.A.C. (c) For purposes of this rule, “application level” is defined as the ability to use the learned material in a completely new and concrete situation. It usually involves the application of rules, policies, methods, computations, laws, theories, or any other relevant and available information. (d) For purposes of this rule, “knowledge level” is defined as recalling specific facts, patterns, methods, terms, rules, dates, formulas, names, or other information that must be committed to memory. (4)(a) The continuing education courses required in this rule may be satisfied by a Board approved equivalent distance education course. Distance education is education that takes place when the learner is separated from the source of instruction by time and/or distance. Such distance education course subject matter, assignment work, scholastic standards and other related requirements shall be evaluated in the same manner as the course offered by classroom instruction, having due regard however, to the different method of presentation. Components of distance education include synchronous and asynchronous courses. Synchronous courses require the instructor and students to interact simultaneously online via live webinar or web based meeting. Synchronous courses do not require final exams or proof of certification of the delivery method by the AQB or an independent certified organization approved by the AQB. The institution, school, or entity offering synchronous education courses must provide the delivery platform. Asynchronous courses allow the students to progress at their own pace and follow a structure course content and quiz/exam schedule. The institution, school or entity offering distance asynchronous education courses must provide proof of certification of the delivery method by the AQB or by an independent certified organization approved by the AQB. (b) A copy of the distance education course materials, a detailed course timeline, learning objectives, and a copy of each form of the course examination that will be administered to students shall be submitted to the Board for evaluation and approval at least 90 days prior to use. A minimum of 2 course examinations for each course shall be submitted for approval. The Board will issue a status report to the course provider within 60 days after submission of the course and examinations. Approval must be granted before the course and examinations may be offered. Thereafter, the course and examinations shall be maintained by each institution, school, or entity offering the distance education course(s) in accordance with the Board approved standard as subsequently modified by changing times, standards and laws. It is the responsibility of the institution, school or entity offering the Board approved distance education courses to keep the course material current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period. The examination must be proctored in person or remotely. Bio-metric proctoring is acceptable. As an alternative to proctoring, there must be successful completion of prescribed course mechanisms required to demonstrate knowledge of the subject matter. (c) The continuing education courses required in this rule may be taught by a Board approved equivalent hybrid education course. Hybrid courses can be composed of a combination of classroom, asynchronous and synchronous education. Hybrid courses must include in the course timed outline what sections are being offered by synchronous, asynchronous and classroom. The asynchronous portion of the course requires a course examination. A copy of the complete course materials and a copy of each form of the course examination that will be administered to students shall be submitted to the Board for evaluation and approval at least 90 days prior to use. A minimum of 2 course examinations for each course shall be submitted for approval. The examination may be administered at the end of the course or portions of the examination may be administered to students at appropriate intervals during the course. The Board will issue a status report to the course provider within 60 days after submission of the courses and examinations. Approval must be granted before the course and examination may be offered. Thereafter, the course and examinations shall be maintained by each institution, school, or entity offering the education course(s) in accordance with the Board approved standard as subsequently modified by changing times, standards, and laws. It is the responsibility of the institution, school, or entity offering the Board approved education courses to keep the course material current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period. The examination must be proctored in person or remotely. Bio-metric proctoring is acceptable. As an alternative to proctoring, there must be successful completion of prescribed course mechanisms required to demonstrate knowledge of the subject matter, and a final examination. The institution, school, or entity offering hybrid education courses must provide proof of certification of the delivery method by the AQB or by an independent certified organization approved by the AQB for the asynchronous portion of the course. The institution, school, or entity offering hybrid education courses must provide the delivery platform for the synchronous portion of the course. (d) Satisfactory completion of the Board prescribed continuing education course(s) through distance and hybrid education is demonstrated by achieving a grade of 80% or higher on the Board approved examination. Students failing the Board prescribed course examination must repeat the Board prescribed distance or hybrid education course of study prior to being eligible to again take the course examination, which must be a different examination from the one the student previously failed. (e) The objective of the distance and hybrid education course examination is to test fairly and reliably whether students have learned essential facts and concepts from the course. This examination shall consist of a minimum of 3 questions per instructional hour. All questions shall be multiple choice with 4 answer choices each. The order of the examination questions may not follow the sequence of the course content. The answer key must reference the page number(s) containing the information on which each question and correct answer is based. The answer key must be unique for each form of the examination. At least 70% of the questions on each form of the test shall be at the application level or higher. No more than 10% of the questions on each form of the test shall be at the knowledge level. The examination shall comply with the Item Writing Guidelines as of January 29, 2004, incorporated herein reference. (f) In all Board approved continuing education courses by distance or hybrid education, the institution, school or entity shall provide to students an address, telephone number, or e-mail address of a Board approved instructor to answer inquiries. (g) Continuing education courses by distance and hybrid education will be approved for 24 months at which point the course will expire unless submitted to the Board and approved for renewal. Courses may not be offered or distributed after the expiration date. Students must be notified of the course expiration date upon receipt of the course materials. (5) The Florida institution, organization, permitted real estate school or Board approved entity offering these Board prescribed or approved courses shall fully inform each student of the standards, requirements and criteria at the commencement of each course. Each student shall receive a copy of the most current course approval letter, issued by the Board, at the commencement of each course. Notice of course completion shall be as prescribed by Rule 61J1-4.005, F.A.C. (6) These Board prescribed or approved courses shall be offered by a nationally or state recognized appraisal organization, area technical centers, accredited university, college and community college, state or federal agency or commission, or proprietary real estate school that holds a permit pursuant to Section 475.451, F.S., or at a place approved by the Board. Satisfactory completion of these courses will not entitle any person to renew a registration, license or certification until such person has met all requirements of law. (7) A registrant, licensee, or certificate holder, including a Board member, who attends meeting where the Board considers disciplinary cases shall earn once during a renewal cycle, a maximum of seven (7) classroom hours of continuing education credit, provided that, the individual is not appearing as a party to a disciplinary action and notifies the Division of Real Estate, Education Section, of the intent to attend at least seven (7) days prior to the meeting. No credit will be given for any meeting that lasts less than two (2) hours. In order to award credit, attendance at the board meeting shall be subject to review, monitoring, and auditing by the Board or Department. (8) Credit towards the continuing education requirement of this rule may also be satisfied by teaching Board approved appraisal courses. Credit shall only be granted on a one-time basis per renewal cycle for teaching a particular appraisal course and shall be limited to 50% of the required classroom hours for that renewal cycle. The Board may request supportive documentation to ascertain course content and to verify the date(s), time, place and hours taught. Rulemaking Authority 475.613(2), 475.614 FS. Law Implemented 475.613, 475.617, 475.618, 475.628 FS. History–New 10-15-91, Amended 4-21-92, 6-7-92, Formerly 21VV-4.003, Amended 11-3-94, 9-5-96, 4-6-98, 9-6-98, 9-14-00, 10-22-01, 3-31-02, 5-25-04, 5-15-05, 1-8-06, 12-4-06, 12-6-07, 6-7-10, 7-17-11, 4-9-13, Amended 11-17-15, 10-16-19, 2-18-21, 1-4-22, 11-29-23, Technical Change 2-12-26. 61J1-4.004 Application for Courses. Rulemaking Authority 475.614 FS. Law Implemented 475.613, 475.615 FS. History–New 10-15-91, Formerly 21VV-4.004, Repealed 11-15-99. 61J1-4.005 Notice of Satisfactory Course Completion. (1) Applicants must submit, with the application for registration, licensure or certification a grade report as proof to the department that they have satisfactorily completed the applicable course(s) prescribed in Rule 61J1-4.001 or 61J1-4.002, F.A.C. (2) An application for renewal of an existing license shall contain an affirmation by the individual of having satisfactorily completed the applicable Florida Real Estate Appraisal Board prescribed, conducted or board approved course(s). Each institution or school approved to offer continuing education courses shall comply with Section 455.2178(1), F.S., by electronically submitting course attendance rosters to the Department of Business and Professional Regulation. Upon request of the Board, the department shall perform random audits of at least 10% of the registrants, licensees, certificate holders and instructors to verify compliance with continuing education requirements. Each registrant, licensee, certificate holder and instructor shall retain the grade report as proof of successful completion of continuing education requirements for at least two years following the end of the renewal period for which the education is claimed. Failing to provide evidence of compliance with education requirements as prescribed in Rules 61J1-4.003, 61J1-4.007, and 61J1-4.008, F.A.C., or the furnishing of false or misleading information regarding compliance with said requirements shall be grounds for disciplinary action against the registrant, licensee, certificate holder or instructor. (3) The grade report must be typed or printed in ink and must be completely filled out by the institution, school or entity certifying successful course completion. The grade report must also include the authorized signature of the school permit holder, chief administrative person or entity. (4) The grade reports shall contain the following information for the type of course being completed: (a) Pre-registration or Pre-certification, Course for Appraiser:

1. Name of School, Institution or Entity,
2. Address of School, Institution or Entity,
3. Course Title,
4. Course Hours,
5. Course Number,
6. Provider Number,
7. Start Date,
8. Finish Date,
9. Exam Date,
10. Student’s Name,
11. Student’s Address,
12. Authorized Signature for the School, Institution or Entity. (b) Appraisers Continuing Education:
13. Name of School, Institution or Entity,
14. Address of School, Institution or Entity,
15. Course Title,
16. Course Hours,
17. Course Number,
18. Provider Number,
19. Start Date,
20. Finish Date,
21. Registration, License or Certificate Number,
22. Student’s Name,
23. Student’s Address,
24. Authorized Signature for the School, Institution or Entity. (c) Instructor Continuing Education:
25. Name of School, Institution or Entity,
26. Address of School, Institution or Entity,
27. Course Title,
28. Course Hours,
29. Course Number,
30. Provider Number,
31. Start Date,
32. Finish Date,
33. Permit Number,
34. Student’s Name,
35. Student’s Address,
36. Authorized Signature for the School, Institution or Entity. (5) Each grade report shall state: The student named in this report has completed the referenced course in accordance with the requirements of the Florida Real Estate Appraisal Board. (6) The original grade report is to be given to the student and a copy retained by the school. Rulemaking Authority 475.614 FS. Law Implemented 475.613, 475.615, 475.617, 475.618 FS. History–New 10-15-91, Formerly 21VV-4.005, Amended 7-19-95, 4-6-98, 3-31-02, 11-14-04, 5-31-05, 1-8-06, 12-4-06, 2-11-20, 2-18-21. 61J1-4.006 Correspondence Courses for Hardship Cases. Rulemaking Authority 475.614 FS. Law Implemented 475.615(2) FS. History–New 10-15-91, Formerly 21VV-4.006, Amended 4-14-98, Repealed 5-27-02. 61J1-4.007 Renewal of Inactive Registrations, Licenses and Certifications. (1) Pursuant to Section 475.618(3), F.S., a registration, license, or certification which is not renewed at the end of the registration, license, or certification period as prescribed by the Department of Business and Professional Regulation shall automatically revert to inactive status. An inactive status may only be maintained for four (4) years at which time the registration, license, or certification shall automatically expire. (2) At any time after the registration, license, or certification becomes inactive, the registration, license, or certification may be renewed and reactivated upon application to the Department of Business and Professional Regulation, payment of the required fee(s) in Rule 61J1-2.001, F.A.C., and the satisfactory completion of the educational requirements listed below. Seven hours of the total required education for each level must include a 7-hour National USPAP update course or its equivalent which must be taught by an AQP certified instructor. (a) Level One Reactivation is when the inactive status does not exceed one (1) year. The reactivation education for all appraiser categories is as follows: thirty (30) hours of appraiser continuing education (ACE). (b) Level Two Reactivation is when the inactive status is more than one (1) year but does not exceed two (2) years. The reactivation education for all appraiser categories is as follows: thirty (30) hours of approved pre-certification education with end of course exam applicable to the licensee’s licensure category as defined in Rules 61J1-10.002, 61J1-10.003 and 61J1-10.004, F.A.C.; minimum three (3) hour Supervisor and Trainee course as defined in Rule 61J1-4.010, F.A.C.; and thirty (30) hours of appraiser continuing education (ACE). (c) Level Three Reactivation is when the inactive status is more than two (2) years but does not exceed the four (4) year period. The reactivation education for all appraiser categories is as follows: seventy-five (75) hours of approved pre-certification education with end of course exam applicable to the licensee’s licensure category as defined in Rules 61J1-10.002, 61J1-10.003 and 61J1-10.004, F.A.C.; minimum three (3) hour Supervisor and Trainee course as defined in Rule 61J1-4.010, F.A.C.; and thirty (30) hours of appraiser continuing education (ACE). (3) The reactivation education may be completed by classroom or distance education as defined by Rule 61J1-4.001, F.A.C. (4) Any registration, license or certification which exceeds four (4) years in the inactive status shall automatically expire and become null and void pursuant to Section 475.619, F.S. The person must meet all requirements of Sections 475.615, 475.616 and 475.617, F.S., and Rules 61J1-2.001, 61J1-3.001, 61J1-4.001, 61J1-5.001 and 61J1-6.001, F.A.C., in order to be registered or certified again as an appraiser. Further, applicants must meet the requirements of Rule 61J1-10.001, 61J1-10.003 or 61J1-10.004, F.A.C., depending upon the type of registration or certification sought. Rulemaking Authority 475.614, 475.619 FS. Law Implemented 475.618, 475.619 FS. History–New 8-8-93, Amended 2-16-04, 3-1-06, 8-29-06, 12-4-06, 8-19-10, 2-2-16, 10-10-17. 61J1-4.008 Continuing Education for School Instructors. (1) All persons holding “school instructor” permits shall re-certify their competency during each renewal period as defined in Rule 61J1-2.002, F.A.C., by satisfactorily completing a minimum of 21 hours of instruction in real estate appraisal subjects and instructional techniques as prescribed by the Board. A school instructor is not required to complete the 21 hours of re-certification education as a condition for initial permit renewal if the time between the effective date on the initial permit as an instructor and the beginning of the initial renewal permit is less than 12 months. Of the required 21 hours, up to 17 hours may be applied toward the continuing education requirement for registration, licensure, or certification pursuant to Rule 61J1-4.003, F.A.C. The 4 hour Instructional Techniques course does not apply toward the continuing education requirement for registration, licensure, or certification pursuant to Rule 61J1-4.003, F.A.C. (2) All Board prescribed 21 hours of instruction shall consist of 3 hours Florida Laws and Rules; 4 hours of Instructional Techniques; 7 hours of real estate appraisal subjects and a minimum of 7 hours of Board approved instruction consisting of an update of the Uniform Standards of Professional Appraisal Practice (USPAP) as defined in Section 475.611(1)(q), F.S. The 21 hours of instruction may be offered by accredited universities, colleges, and community colleges in the state, by real estate schools registered pursuant to Section 475.451, F.S., and entities approved by the Board. Requests for approval to offer the 14 hours of instruction in real estate appraisal subjects, Florida Laws and Rules: Instructional Techniques; and the 7 hours of instruction in USPAP shall be made to the Board at least 90 days prior to offering the course. The requests shall include a detailed course description and the criteria for satisfactory course completion. The Board will issue a status report to the course provider at least 60 days after submission of the course. Approval must be granted before the course may be offered. The criteria for approval shall be as set in subsection (4), below. (3)(a) Satisfactory completion of instruction is demonstrated by completing the Board approved course(s) in accordance with the standards established by the Board in Rule 61J1-4.003, F.A.C. (b) An instructor who teaches Florida Laws and Rules: Instructional Techniques shall not receive four (4) hours credit toward the individual requirement of four (4) hours Instructional Techniques, and shall be required to complete a separate course to fulfill the requirement for instructor license renewal. (4) The institution, school or approved entity offering the Board approved courses outlined in this section shall inform each student of the standards and requirements at the commencement of each course. Each student shall receive a copy of the most current course approval letter, issued by the Board, at the commencement of each course. The enforcement thereof shall be the responsibility of the Board and the DBPR and their decision on any such matters shall be final. The institution, school or approved entity will be responsible for issuing a grade report. The information required in the grade report can be located in Rule 61J1-4.005, F.A.C. (a) The Board shall approve any course, seminar, or conference in the real estate appraisal practice area provided by a national or state recognized appraisal organization, accredited university, college, community college, area technical center, state or federal agency or commission, or proprietary real estate school for appraisal continuing education credit for school instructors. The standards for Board approval of appraisal continuing education courses for school instructors shall be that the course or courses cover real estate appraisal related topics, be designed to be training oriented to teach school instructors how to present the courses, and to provide updates on statutes and rules relevant to the appraisal industry. The course will be approved for 24 months. A course may not be offered after the expiration date except for a course that is begun before the expiration date may be completed even if the completion date is after the expiration date. (b) Satisfactory completion of the Board prescribed or approved continuing education course or courses is demonstrated by successfully meeting standards established for each Board prescribed course. (c) A copy of the application shall be submitted to the Board for evaluation at least 90 days prior to use. The provider must submit a complete copy of the course materials, a detailed course outline, and learning objectives. The Board will issue a status report to the course provider within 60 days after submission of the course. Approval must be granted before the course and examinations, if required, may be offered. It is the responsibility of the institution, school, or entity offering the Board-approved courses to keep the course materials current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period. (d) The national or state recognized appraisal organization, accredited university, college, community college, area technical center, state or federal agency or commission, or proprietary real estate school offering these Board prescribed or approved courses shall fully inform each student of the standards and requirements at the commencement of each course by providing each student a course syllabus that clearly states the course objective(s) and explains the desired learning outcomes. At least 70% of the desired learning outcomes shall be at the application level or higher. No more than 10% of the desired learning objectives shall be at the knowledge level. Notice of course completion shall be made as prescribed by the Board in Rule 61J1-4.005, F.A.C. (5)(a) The continuing education courses required in this rule may be taught by a Board approved equivalent distance education course. Distance education is education that takes place when the learner is separated from the source of instruction by time and/or distance. Such distance education course subject matter, assignment work, scholastic standards and other related requirements shall be substantially the same as the course offered by classroom instruction, having due regard however, to the different method of presentation. Components of distance education include synchronous and asynchronous courses. Synchronous courses require the instructor and students to interact simultaneously online via live webinar or web-based meeting. Synchronous courses do not require a final exam. The institution, school, or entity offering synchronous distance education must provide the delivery platform. Asynchronous courses allow the students to progress at their own pace and follow a structure course content and quiz/exam schedule. (b) A copy of the distance education course materials, a detailed course timeline, learning objectives, and a copy of each form of the course examination that will be administered to students shall be submitted to the Board for evaluation and approval at least 90 days prior to use. A minimum of 2 course examinations for each course shall be submitted for approval. The examination may be administered at the end of the course or portions of the examination may be administered to students at appropriate intervals during the course. The Board will issue a status report to the course provider within 60 days after submission of the courses and examinations. Approval must be granted before the course and examination may be offered. Thereafter, the course and examinations shall be maintained by each institution, school, or entity offering the distance education course(s) in accordance with the Board approved standard as subsequently modified by changing times, standards, and laws. It is the responsibility of the institution, school, or entity offering the Board approved distance education courses to keep the course material current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period. (c) The continuing education courses required in this rule may be taught by a Board approved equivalent hybrid education course. Hybrid courses can be composed of a combination of classroom, asynchronous and synchronous education. Hybrid courses must include in the course timed outline what sections are being offered by synchronous, asynchronous and classroom. The asynchronous portion of the course requires a course examination. A copy of the complete course materials and a copy of each form of the course examination that will be administered to students shall be submitted to the Board for evaluation and approval at least 90 days prior to use. A minimum of 2 course examinations for each course shall be submitted for approval. The examination may be administered at the end of the course or portions of the examination may be administered to students at appropriate intervals during the course. The Board will issue a status report to the course provider within 60 days after submission of the courses and examinations. Approval must be granted before the course and examination may be offered. Thereafter, the course and examinations shall be maintained by each institution, school, or entity offering the education course(s) in accordance with the Board approved standard as subsequently modified by changing times, standards, and laws. It is the responsibility of the institution, school, or entity offering the Board approved education courses to keep the course material current and accurate, and notify the Board at least 90 days before implementing any significant changes to the course during its approval period. (d) Satisfactory completion of the Board prescribed continuing education course(s) through distance and hybird education is demonstrated by achieving a grade of 80% or higher on the Board approved examination. Students failing the Board prescribed course examination must repeat the Board prescribed distance and hybird education course of study prior to being eligible to again take the course examination, which must be a different examination from the one the student previously failed. (e) The objective of the distance and hybird education course examination is to test fairly and reliably whether students have learned essential facts and concepts from the course. This examination shall consist of a minimum of 3 questions per instructional hour. All question shall be multiple choice with 4 answer choices each. The order of the examination questions may not follow the sequence of the course content. The answer key must reference the page number(s) containing the information on which each question and correct answer is based. The answer key must be unique for each form of the examination. At least 70% of the questions on each form of the test shall be at the application level or higher. No more that 10% of the questions on each form of the test shall be at the knowledge level. (f) In all Board approved continuing education courses by distance or hybird education, the institution, school, or entity shall provide to students an address, telephone number, or e-mail address of a Board approved instructor to answer inquiries. (g) Continuing education courses by distance and hybird education will be approved for 24 months at which point the course will expire unless submitted to the Board and approved for renewal. Courses may not be offered or distributed after the expiration date. Students must be notified of the course expiration date upon receipt of the course materials. Rulemaking Authority 475.614 FS. Law Implemented 475.618 FS. History–New 10-1-95, Amended 9-6-98, 11-15-99, 3-31-02, 2-16-04, 12-4-06, 1-3-18, 9-30-20, 1-4-22. 61J1-4.009 Post-Licensing Education for Registered Trainee Appraisers. Rulemaking Authority 475.614, 475.6175 FS. Law Implemented 475.6175 FS. History–New 2-16-04, Amended 10-27-05, 12-4-06, 5-28-15, Repealed 10-4-17. 61J1-4.010 Supervision and Training of Registered Trainee Appraisers. (1) All registered trainee appraisers shall be subject to direct supervision by a supervisory appraiser. In order to qualify as a supervisory appraiser and be responsible for the direct supervision of registered trainee appraisers, not to exceed three (3), the following conditions must be met: (a) A supervisory appraiser must accept, acknowledge and recognize full responsibility for compliance with the Uniform Standards of Professional Appraisal Practice, Florida law or regulation for any and all research data collection, analysis, development or communication of any appraisal, appraisal review or appraisal report prepared with the assistance of a registered trainee appraiser as if the work was performed personally by the supervisory appraiser; (b) A supervisory appraiser must be currently state-certified and have been in good standing with the certifying jurisdiction for at least three (3) years and shall not have been subject to any disciplinary action in any jurisdiction within at least the last three (3) years that affects the supervisory appraiser’s legal eligibility to engage in appraisal practice. In addition, an appraiser who is currently under probation may not act as a supervisory appraiser. (c) Supervisory appraisers shall have been state-certified for a minimum of three (3) years prior to being eligible to become a supervisory appraiser. (d) Prior to registering as a supervisor to any registered trainee appraiser, a certified appraiser shall complete a board approved supervisory course of a minimum of three (3) hours, within the preceding four (4) years. The course must comply with the course content adopted by the Appraiser Qualifications Board of the Appraisal Foundation December 9, 2011, pursuant to Section 475.615(2), F.S. (2) The supervisory appraiser shall be responsible for the training and direct supervision of the registered trainee appraiser by: (a) Accepting full and complete responsibility for any research, data collection, development, analysis or communication of any appraisal review or the appraisal report by signing and certifying the report is in compliance with the Uniform Standards of Professional Appraisal Practice, as defined in Section 475.611(1)(s), F.S.; (b) Reviewing and verifying the accuracy of the registered trainee appraiser’s research, data collection, development, analysis or communication of any part of the appraisal, appraisal review, or, appraisal report writing process; (c) Personally inspecting each appraised property with the registered trainee appraiser until the registered trainee appraiser is competent in accordance with the Competency Rule of the Uniform Standards of Professional Appraisal Practice, as required by Rule 61J1-9.001, F.A.C., but for at least a minimum of the first six (6) months and 150 hours in sections I, II, and III of the Appraisal Experience Log for DBPR-RE-2300 of the registered trainee’s initial registration. This provision shall not be construed to require that the registered trainee appraiser attend all inspections. (d) “Personally inspecting each apprised property” as stated in paragraph 61J1-4.010(2)(c), F.A.C., shall mean that the supervisory appraiser and registered trainee appraiser shall be at the property being appraised simultaneously and the occasion shall be used for teaching the registered trainee how to competently perform an inspection for valuation purposes. (e) Once the supervisory appraiser is not required to accompany the registered trainee appraiser on each appraised property, the supervisory appraiser shall accept complete responsibility for any data or analysis developed by a registered trainee appraiser who performed an inspection of the property being appraised without the supervisory appraiser being present. (f) Registering the trainee appraiser with Department through use of DBPR FREAB 14, Supervisor Designation/Termination Form as set forth in the Department’s Rule 61-35.026, F.A.C. Failure to properly file form DBPR FREAB 14 shall subject the supervisor appraiser to disciplinary action. Any experience gained by the trainee while not properly registered shall not count toward the required training for an appraiser. (3) A registered trainee appraiser is permitted to have more than one supervisory appraiser as specified in Section 475.6221, F.S. (4) Any supervising appraiser, whether acting as primary or secondary supervisor, may not supervise more than three (3) registered trainee appraisers at one time. (5) An appraisal experience log shall be maintained jointly by the supervisory appraiser and the registered trainee appraiser. It is the responsibility of both the supervisory appraiser and the registered trainee appraiser to ensure the experience log is accurate, current and complies with the requirements of the registered trainee appraiser’s credentialing jurisdiction. (6) A supervisory appraiser may not be employed by a registered trainee appraiser or by a corporation, partnership, firm, or group in which the registered trainee appraiser has a controlling interest. (7) A registered trainee appraiser may accept appraisal assignments only from his or her primary or secondary supervisory appraiser. (8) A registered trainee appraiser may only receive compensation for appraisal services through or from his or her authorized certified Supervisory Appraiser. Compensation from an employer of the supervisory appraiser is considered payment through the supervisor to the trainee appraiser. (9) A registered trainee appraiser who made any contribution to the development or reporting of an appraisal must be named in the appraisal report and the work performed by the registered trainee appraiser must be described in detail. (10) A supervisory appraiser must include the following statement in any report in which a registered trainee appraiser contributed to the development of the appraisal or the writing of the appraisal report: “I, the supervisory appraiser of a registered trainee appraiser who contributed to the development or communication of this appraisal, hereby accept full and complete responsibility for any work performed by the registered trainee appraiser named in this report as if it were my own work.” Rulemaking Authority 475.611, 475.614, 475.615 FS. Law Implemented 475.611, 475.615, 475.6221, 475.6222 FS. History–New 2-16-04, Amended 3-1-06, 12-4-06, 8-12-07, 11-25-07, 5-3-10, 12-11-11, 6-3-13, 4-15-15, 2-2-16, 8-16-17.

Chapter 61J1-5 EXAMINATION DETAILS

Fla. Admin. Code R. 61J1-5 EXAMINATION DETAILS

CHAPTER 61J1-5 EXAMINATION DETAILS 61J1-5.001 Appraisal Examination Areas of Competency 61J1-5.001 Appraisal Examination Areas of Competency. (1) To be certified as an appraiser, the applicant must demonstrate by passing an examination that is appropriate for the classification applied for, that he or she possesses: (a) A knowledge of technical terms commonly used in real estate appraisal. (b) An understanding of the principles of land economics, real estate appraisal processes, reliable sources of appraising data, and problems likely to be encountered in the gathering, interpreting, and processing of data in carrying out appraisal disciplines. (c) An understanding of the standards for the development and communication of real estate appraisals as provided in the Real Estate Appraisal License Law. (d) An understanding of the types of misconduct for which disciplinary proceedings may be initiated against a licensed or certified appraiser as provided in the Real Estate Appraisal License Law. (e) Knowledge of theories of depreciation, cost estimating, methods of capitalization, and the mathematics of real estate appraisal. (2)(a) The Board adopts the passing score for the national uniform examination as determined by the Appraisal Qualifications Board (AQB) of the Appraisal Foundation or any successor body recognized by federal law. (b) A passing score on the Florida Supplemental examination shall be a score of 75% or better. All questions shall be weighed equally and percentages shall be rounded off to whole numbers. In rounding percentages, any percentage which is point five (.5) or above shall be rounded up to the next whole number. Percentages less than point five (.5) shall be dropped. The passing score is valid for 24 months from the date of the examination. (3) The subject content of the examination shall be as endorsed by the Appraisal Foundation as defined in Section 475.611(1)(b), F.S. Specific Authority 455.217, 475.614 FS. Law Implemented 455.217, 475.616 FS. History–New 10-15-91, Formerly 21VV-5.001, Amended 2-16-04, 12-11-07, 3-24-09.

Chapter 61J1-6 EXPERIENCE REQUIREMENTS

Fla. Admin. Code R. 61J1-6 EXPERIENCE REQUIREMENTS

CHAPTER 61J1-6 EXPERIENCE REQUIREMENTS 61J1-6.001 Experience Requirement 61J1-6.002 Experience Requirements for Registered Appraisers (Repealed) 61J1-6.003 Experience Requirement – Practical Applications of Real Estate Appraisal Pathway 61J1-6.001 Experience Requirement. (1) All applicants for certification must present evidence satisfactory to the Board that the applicant has the experience required in Section 475.617, F.S., in real property appraisal activity. Acceptable appraisal experience includes fee and staff appraisals, ad valorem tax appraisals, condemnation appraisals, and review appraisals. (2) Experience is described as follows: (a)1. For the certified residential appraiser – one thousand five hundred (1500) hours of real property appraisal experience obtained over a 12-month period. 2. For the certified general appraiser – three thousand (3000) hours of real property appraisal experience obtained over an 18-month period, of which one thousand five hundred (1500) hours must be in non-residential appraisal work. (b) All experience claimed for all licensure classifications must be obtained after January 30, 1989, and must be Uniform Standards of Professional Appraisal Practice (USPAP) compliant as set forth in Rule 61J1-9.001, F.A.C. (3) Each applicant shall verify the required experience by certifying in such a manner as provided by the Department. Any proportional combination of required reports or hours, as required below, will be acceptable as long as the experience for the certified general appraiser is at least 50% nonresidential appraisal work as stated in subsection (2) above. (4) Experience as defined in subsection (2) above, shall be accounted for on an appraisal experience log, which shall include the following minimum information: type of property, date of report, address of appraised property, description of work performed by the registered trainee/applicant and scope of the review and supervision of the supervising appraiser, number of work hours, and signature and license number of supervising appraiser. The log and supporting documents shall be retained for a minimum of 5 years after licensure or certification. All work submitted for experience shall comply with the USPAP. Types of acceptable experience are: (a) Fee appraisal assignments:

1. Certified residential: Experience shall consist of a minimum of 150 supportable and documented appraisal reports presented in a format generally acceptable to the appraisal industry.
2. Certified general: Experience shall consist of a minimum of 23 Appraisal Reports in a narrative format which comply with the USPAP; or 12 non-residential Appraisal Reports in a narrative format which comply with the Uniform Standards of Professional Appraisal Practice as defined in Section 475.611(1)(bb), F.S., and 135 non-narrative supportable and documented appraisal reports presented in a format generally acceptable to the appraisal industry. (b) Mass appraisals:
3. Mass appraisals must be as set forth in compliance with Standards 5 and 6 of the USPAP.
4. Mass appraisal experience claimed by the applicant should be given credit to the extent that it demonstrates proficiency in appraisal practices, techniques, or skills used by appraisers practicing under USPAP Standard 1.
5. In developing a mass appraisal an appraiser must be aware of, understand, and correctly employ those recognized methods and techniques necessary to produce and communicate credible mass appraisals.
6. Mass appraisal experience shall include:
   1. Identifying properties to be appraised;
   2. Defining market area of consistent behavior that applies to properties;
   3. Identifying characteristics (supply and demand) that affect the creation of value in that market area;
   4. Determining highest and best use;
   Demonstrating proficiency with elements and concept of highest and best use through separate analysis if not contained in appraisals submitted for audit; e. Developing a model structure to determine the contribution of the individual characteristics affecting value; f. Calibrating the model structure to determine the contribution of the individual characteristics affecting value; g. Applying the conclusions reflected in the model to the characteristics of the property or properties being appraised; and h. Reviewing the mass appraisal results. All other components of the mass appraisal process are not eligible for experience credit.
7. Experience will be granted for appraisals of individual parcels of real estate. (c) Review Appraiser:
8. Certified residential: Experience shall consist of a minimum of 300 appraisal review reports.
9. Certified general: Experience shall consist of a minimum of 150 appraisal review reports of narrative appraisal reports. At least 50% (1500 hours) of the experience must be in non-residential appraisal work as defined in subsection (2), above.
   1. Review appraisal experience shall be granted only when the applicant has performed review(s) of appraisals prepared either by employees, associates, or others, provided the appraisal report was not signed by the review appraiser.
   2. Review appraisal experience may be claimed only when reviews are as set forth in Standards 3 and 4 of the Uniform Standards of Professional Appraisal Practice as defined in Section 475.611(1)(bb), F.S.
   (d) Appraisal analysis, real estate counseling and highest and best use analysis:
10. Experience shall consist of a minimum of 150 narrative reports.
11. Experience may be claimed only when performed as set forth in Standards 1 and 2 of the Uniform Standards of Professional Appraisal Practice as defined in Section 475.611(1)(bb), F.S., as applicable. (e) Feasibility analysis/study:
12. Experience shall consist of a minimum of 150 narrative reports.
13. Experience may be claimed only when the analysis/study is prepared as set forth in Standards 1 and 2 of the Uniform Standards of Professional Appraisal Practice as defined in Section 475.611(1)(bb), F.S., and the applicant can demonstrate that he or she utilized similar techniques as appraisers to value properties and effectively utilize the appraisal process. (5) The Board shall require an applicant to document experience by producing appraisal reports, file memoranda, or other documentation to support the experience claimed. Rulemaking Authority 475.614, 475.615(2) FS. Law Implemented 455.213, 475.611(1)(bb), 475.615(2), 475.617, 475.628 FS. History–New 10-15-91, Formerly 21VV-6.001, Amended 9-22-93, 9-6-94, 2-19-98, 9-6-98, 12-12-99, 10-1-00, 6-1-04, 3-1-06, 12-4-06, 4-18-07, 11-25-07, 11-12-09, 2-10-14, 7-30-14, 7-18-19. 61J1-6.002 Experience Requirements for Registered Appraisers. Rulemaking Authority 475.614 FS. Law Implemented 475.611(1)(l), 475.617 FS. History–New 5-23-94, Repealed 1-29-95. 61J1-6.003 Experience Requirement – Practical Applications of Real Estate Appraisal Pathway. (1) Practical Applications of Real Estate Appraisal (PAREA) programs approved by the Appraiser Qualifications Board of the Appraisal Foundation (AQB), or any successor body recognized by federal law, utilize simulated experience training and serve as an alternative to the traditional Trainee/Supervisor Appraiser experience pathway to qualify as Uniform Standards of Professional Appraisal Practice (USPAP) compliant experience. Only PAREA programs approved by the AQB will satisfy the requirements of this rule. (2) Graduates successfully completing an approved certified residential PAREA program will be eligible to receive the following experience credit: (a) Certified residential classification: up to one hundred percent (100%) of the required experience hours; (b) Certified general classification: up to fifty percent (50%) of the total required experience, none of which is eligible toward the required non-residential hours. (3) Graduates successfully completing an approved Licensed PAREA program will be eligible to receive the following experience credit: (a) Certified residential classification: up to sixty-seven percent (67%) of the total required experience hours. (b) Certified general classification: up to thirty-three percent (33%) of the total required experience, none of which is eligible toward the required non-residential hours. (4) All remaining experience hours necessary to meet licensure requirements must be earned through the Trainee/Supervisor Appraiser pathway, as defined in Rule 61J1-6.001, F.A.C. Rulemaking Authority 475.614, 475.615(2) FS. Law Implemented 455.213, 475.615(2), 475.617 FS, History‒New 9-28-22, Amended 9-7-26.

Chapter 61J1-7 OPERATION AND BUSINESS

Fla. Admin. Code R. 61J1-7 OPERATION AND BUSINESS

CHAPTER 61J1-7 OPERATION AND BUSINESS 61J1-7.001 Display and Disclosure of Registration, License or Certification Designation 61J1-7.002 Number (Repealed) 61J1-7.003 Advertising 61J1-7.004 Office 61J1-7.005 Temporary Practice 61J1-7.006 Signatures on Appraisal Report (Repealed) 61J1-7.0065 Signatures on Appraisal Report and Certification 61J1-7.007 Employment of Registered Appraisers (Repealed) 61J1-7.008 Address of Record 61J1-7.009 Use of Association Names 61J1-7.010 Registered Appraisers (Repealed) 61J1-7.020 Public Comment 61J1-7.001 Display and Disclosure of Registration, License or Certification Designation. (1) All appraisers registered, licensed or certified pursuant to Part II, Chapter 475, F.S., shall disclose and display the appropriate designation in writing in all appraisal reports which are signed by the appraiser. Disclosure of the appropriate designation is required even if the appraisal performed is outside of the scope of registration, licensure, or certification as an appraiser. (2) The following designations or abbreviations shall be used: (a) “State-registered trainee appraiser” or “Trainee RI###.” (b) “State-licensed real estate appraiser” or “Licensed RH###.” (c) “State-certified residential real estate appraiser” or “Cert Res RD###.” (d) “State-certified general real estate appraiser” or “Cert Gen RZ###.” (3) No other designation or abbreviation thereof shall be used. The above designations and abbreviations may be used without regard to capitalization or punctuation. Rulemaking Authority 475.614 FS. Law Implemented 475.622 FS. History–New 10-15-91, Formerly 21VV-7.001, Amended 10-29-98, 2-12-03, 2-16-04, 7-17-11. 61J1-7.002 Number. Rulemaking Authority 475.614 FS. Law Implemented 475.622 FS. History–New 10-15-91, Formerly 21VV-7.002, Repealed 7-23-97. 61J1-7.003 Advertising. (1) All appraisers registered, licensed or certified pursuant to Part II, Chapter 475, F.S., shall include the appropriate designation and number as required in Section 475.622, F.S., and Rule 61J1-7.001, F.A.C., in the following forms of advertising: (a) Newspaper advertisement when displaying the services of the appraiser. (b) A yellow page telephone advertisement when displaying the services of the appraiser. A white page listing need not contain the designation and number if a yellow page advertisement of the same publisher and locality contains the designation and number of the individual appraiser. (c) Magazine advertisements when displaying the services of the appraiser. (d) Controlled publications which display the services of the appraiser when the publication is printed or produced in the State of Florida. (e) Business cards which display the services of the appraiser. An appraiser who is employed by a governmental entity need not display the designation or number on a business card when the appraiser is prohibited from engaging in an independent fee appraisal. (f) Television and radio advertisements which display the services of the individual appraiser. (g) Letterhead which contains the name(s) of one or more individual appraisers and the letter is being used for appraisal related activities. (h) Internet advertising. (i) Any other type or form of advertising intended to display the services of the appraiser. (2) The following are not considered to be advertisement for purposes of this rule and Section 475.622(1), F.S.: (a) Invoices or billing statements. (b) Checks or other type of negotiable instruments. (c) Return address on an envelope. (d) The use of a private trade association designation unless used to display the services of the appraiser. (3) All trainee advertising must include the following: (a) The trainee’s name; (b) The trainee’s designation as a “state-registered trainee real estate appraiser”, “registered trainee”, or “trainee”; (c) The trainee’s license number; and (d) The name and license number of the trainee’s supervisory appraiser. Rulemaking Authority 475.614, 475.622 FS. Law Implemented 475.622 FS. History–New 10-15-91, Formerly 21VV-7.003, Amended 7-5-94, 7-23-97, 1-8-06, 3-24-09. 61J1-7.004 Office. (1) All appraisers who have an active registration, license or certification pursuant to Part II, Chapter 475, F.S., shall furnish in writing to the Department of Business and Professional Regulation each business name, trade name, or firm name and address from which he or she operates in the performance of appraisal services. All appraisal management companies who have an active registration pursuant to Part II, Chapter 475, F.S., shall furnish in writing to the Department of Business and Professional Regulation each firm or business name, mailing address, street address, and telephone number of the appraisal management company’s principal business location from which the appraisal management company operates in the performance of appraisal management services. (2) Each appraiser must notify the Department of any change of business name, trade name, or firm name and address within 10 days of the change of name or address on FREAB Form 18 which is incorporated by reference in DBPR Rule 61-35.026, F.A.C. (3) Each appraisal management company must notify the Department of any change of business name, trade name, or firm name and address within 10 days of the change of name or address on FREAB Form 2 which is incorporated by reference in DBPR Rule 61-35.026, F.A.C. (4) In instances when an appraiser has registered more than one (1) business address, the appraiser must designate the primary business address. Rulemaking Authority 475.614 FS. Law Implemented 475.623, 475.6235 FS. History–New 10-15-91, Formerly 21VV-7.004, Amended 2-16-04, 12-4-06, 1-16-12, 2-23-21. 61J1-7.005 Temporary Practice. (1) Pursuant to the provisions of Section 475.630, F.S., the Board shall recognize, on a temporary basis, the license or certification of an appraiser issued by another state, if: (a) The property to be appraised is part of a federally related transaction, as that term is defined in Section 475.611(1)(s), F.S. (b) The appraiser’s business is of a temporary nature. Temporary nature shall be defined to mean a single appraisal assignment for the time necessary to perform the appraisal assignment. (c) The appraiser registers with the Board. Registration shall be on FREAB Form 13 which is incorporated by reference in DBPR Rule 61-35.026, F.A.C. (d) The person requesting recognition of a license or certification as an appraiser issued by another state is a nonresident of Florida. (2) In order to register with the Board, the appraiser must: (a) Pay the fee as established in Rule 61J1-2.001, F.A.C. (b) Provide certified copies of proof of licensure or certification in another state and certified copies of the records of any disciplinary action taken against the appraiser’s license or certification in that or any other jurisdiction. If no disciplinary action has taken place, then a certification of no action must be provided. (c) Agree in writing to cooperate with any investigation initiated under Part II, Chapter 475, F.S., as provided in Section 475.630(2)(c), F.S. (d) Sign a notarized statement that the appraiser has read Part II, Chapter 475, F.S. and rule Division 61J1, F.A.C., and agrees to abide by these provisions in all appraisal activities. (3) The Department shall issue a numbered temporary permit and the number shall be used in the appraisal report performed under the permit. Rulemaking Authority 475.614 FS. Law Implemented 455.213, 475.630 FS. History–New 10-15-91, Formerly 21VV-7.005, Amended 6-1-04, 2-23-21. 61J1-7.006 Signatures on Appraisal Report. Rulemaking Authority 475.614 FS. Law Implemented 475.611(1)(f), 475.613(2), 475.624 FS. History–New 3-4-93, Formerly 21VV-7.006, Amended 7-5-94, Repealed 11-7-01. 61J1-7.0065 Signatures on Appraisal Report and Certification. (1) Each appraiser signing a certification of an appraisal report must sign the certification with the name that the licensee has registered with the Department. A signature may be represented by a handwritten mark or a digitized image controlled by a personal identification number, password, or other security feature. A facsimile signature may be either affixed by hand or electronically by computer software. An appraiser shall at all times maintain direct control of the appraiser’s signature. (2) An appraiser shall develop and maintain a written method by which his or her signature shall be affixed, for its security protection and the prohibition of practices that might discredit its use. (3) An appraiser shall not grant blanket authority to another to affix the appraiser’s signature to an appraisal report or other work performed by the appraiser. Any grant of permission to another to affix an appraiser’s signature to an appraisal report or other work performed by the appraiser shall meet the following requirements: (a) Be in writing; (b) Extend only to one specific appraisal report; and (c) Be maintained in the appraiser’s work file. Rulemaking Authority 475.614 FS. Law Implemented 475.613(2), 475.614 FS. History–New 12-4-06, Amended 12-20-11. 61J1-7.007 Employment of Registered Appraisers. Rulemaking Authority 475.614 FS. Law Implemented 475.611(1)(f), 475.613(2), 475.624 FS. History–New 8-8-93, Amended 7-5-94, Repealed 11-7-01. 61J1-7.008 Address of Record. Each registrant, licensee, certificate holder and permit holder is required to notify the Department in writing of any changes in the address of record within 10 days after the change. Rulemaking Authority 475.614 FS. Law Implemented 455.275 FS. History–New 5-14-95, Amended 3-26-96, 1-30-12, 9-10-14. 61J1-7.009 Use of Association Names. No registrant, licensee or certificate holder shall use an identification or designation of any association or organization unless entitled to use such identification or designation by the association or organization. Rulemaking Authority 475.614 FS. Law Implemented 475.624(2), (3) FS. History–New 3-26-96. 61J1-7.010 Registered Appraisers. Rulemaking Authority 475.614 FS. Law Implemented 475.611(1)(f), 475.624 FS. History–New 12-1-96, Amended 7-23-97, Repealed 11-7-01. 61J1-7.020 Public Comment. The Florida Real Estate Appraisal Board invites and encourages all members of the public to provide comment on matters or propositions before the Board or a committee of the Board. The opportunity to provide comment shall be subject to the following. (1) Members of the public will be given an opportunity to provide comment on subject matters before the Board after an agenda item is introduced at a properly noticed board meeting. (2) Members of the public shall be limited to five (5) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Board members, staff or board counsel. The chair of the Board may extend the time to provide comment if time permits. (3) Members of the public shall notify board staff in writing of their interest to be heard on a proposition or matter before the Board. The notification shall identify the person or entity, indicate support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons consisting of three (3) or more persons. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 8-6-14.

Chapter 61J1-8 DISCIPLINARY GUIDELINE

Fla. Admin. Code R. 61J1-8 DISCIPLINARY GUIDELINE

CHAPTER 61J1-8 DISCIPLINARY GUIDELINE 61J1-8.001 Citation Authority 61J1-8.002 Disciplinary Guidelines 61J1-8.003 Notice of Noncompliance 61J1-8.004 Mediation 61J1-8.005 Revocation 61J1-8.006 Time for Payment of Administrative Fines and Costs 61J1-8.001 Citation Authority. (1) Pursuant to Section 455.224, F.S., the board sets forth below those violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the fine to be imposed. (2) The following violations with accompanying fine may be disposed of by citation: (a) Section 475.624(4), F.S. – has violated any of the provisions of Chapter 455 or 475, Part II, F.S., by –

1. Failing to place the registration, license, or certification number adjacent to or immediately beneath the state designation as required in Section 475.622, F.S.

$300.00

2. Failing to use the state registration, license, or certification designation in all appraisal reports as required in Section 475.622, F.S., and Rule 61J1-7.001, F.A.C.

$300.00

3. Failing to include the appropriate designation and number in an advertisement as required in Section 475.622, F.S., and Rule 61J1-7.003, F.A.C.

$300.00

4. Failing to notify the department in writing of the current mailing address or any change in the current mailing address as required in Section 455.275(1), F.S., and subsection 61J1-7.008(2), F.A.C.

$300.00

5.a. Failing to register the name of the trainee as required by Section 475.6221(1), F.S. $500.00

b. Failing to register the name of the supervisory appraiser as required by Section 475.6221(1), F.S. $500.00

6. Failing to notify the department of the termination of the relationship with the supervising appraiser as required by Section 475.6221(1), F.S.

$300.00

7.a. Failing to sign a certification pursuant to Section 475.624(14), F.S. $500.00

b. Failing to sign certification with same name registered with the department. $500.00

8.a. Failing to state reporting options as required by Section 475.624(14), F.S. $300.00

b. Failing to timely notify the department of any change in business location or change of business name, trade name, or firm name, or has failed to fully disclose all business locations from which he operates as an appraiser as required by Section 475.624(18), F.S., and Rule 61J1-7.004, F.A.C.

$300.00

9. Failing to register the firm or business name and location as required by Section 475.623, F.S. $500.00

10. Failure to timely report being convicted or found guilty of, or entering a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction (up to 30 days late) as required by Section 455.227(1)(t), F.S.

$300.00

(b) Failing to submit the AMC annual report and fee as required by Section 475.621, F.S. $500.00

(3) Citations may be issued to real estate appraisers by the Division of Real Estate and may be subject to legal review by the Office of Consumer Complaints and Legal Services of the Division of Real Estate. Such review may be by telephone, in writing or facsimile machine. (4) Citations are to be served upon the subject either by personal service or certified mail, restricted delivery, to the subject’s last known address. (5) The subject has 30 days from the date the citation becomes a final order to pay the fine. All fines are to be made payable to the “Department of Business and Professional Regulation – Citations” and sent to either the Department of Business and Professional Regulation in Tallahassee or the Division of Real Estate in Orlando. A copy of the citation shall accompany the payment of the fine. Rulemaking Authority 475.614 FS. Law Implemented 455.224, 455.275, 475.622(1), 475.6221(1), 475.624(14), (18) FS. History–New 12-4-91, Amended 4-21-92, Formerly 21VV-8.001, Amended 8-8-93, 5-14-95, 3-26-96, 7-23-96, 7-10-97, 11-11-97, 11-20-05, 12-4-06, 11-25-07, 9-1-10, 1-16-20. 61J1-8.002 Disciplinary Guidelines. (1) Pursuant to Section 455.2273, F.S., the Florida Real Estate Appraisal Board sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon licensees guilty of violating Chapter 455 or Part II, Chapter 475, F.S. (For purposes of this rule, the term licensee shall refer to registrants, license holders, certificate holders, or appraisal management companies.) The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which normally will be imposed for each count following a Section 120.57, F.S., hearing. The brief description of each violation is provided for quick reference and is not meant to convey all elements of any given statutory provision; the full language of each statutory provision cited must be consulted in order to determine the conduct involved. For purposes of this rule, the order of penalties, ranging from lowest to highest, is: reprimand, fine, probation, suspension, and revocation or denial. Pursuant to Section 475.624 or 475.6245, F.S., combinations of these penalties are permissible by law. All penalties at the upper range of the sanctions set forth in the guidelines, i.e., suspension, revocation, etc., include lesser penalites, i.e., fine, probation or reprimand, which may be included in the final penalty at the Board’s discretion. Nothing in this rule shall preclude any discipline imposed upon a licensee pursuant to a stipulation or settlement agreement, nor shall the ranges of penalties set forth in this rule preclude the probable cause panel from issuing a letter of guidance in lieu of a finding of probable cause, where appropriate. (2) As provided in Section 475.624 or 475.6245, F.S., the Florida Real Estate Appraisal Board may, in addition to other disciplinary penalties, place a licensee on probation. The placement of the licensee on probation shall be for such a period of time and subject to such conditions as the Board may specify. Standard probationary conditions may include, but are not limited to, requiring the licensee: to attend pre-licensure courses; to satisfactorily complete a pre-licensure course; to attend and satisfactorily complete continuing education courses; to submit to reexamination through the state-administered examination, which must be successfully completed; to be subject to periodic inspections and interviews by an investigator of the Department of Business and Professional Regulation. (3) The penalties are as listed unless aggravating or mitigating circumstances apply pursuant to subsection (4): VIOLATION PENALTY RANGE

FIRST VIOLATION SECOND AND SUBSEQUENT VIOLATIONS

(a) Section 475.622(1), F.S. Failed to place the registration, license or certification number adjacent to or immediately beneath the state designation. Up to 30 days suspension and an administrative fine of $500. Up to 90 days suspension and an administrative fine of $1,000.

(b) Section 475.622(1), F.S. Failed to include the appropriate designation and number in an advertisement. Up to 30 days suspension and an administrative fine of $500. Up to 90 days suspension and an administrative fine of $1,000.

(c) Section 475.622(2), F.S. Failed to use the state registration, license or certification designation in any appraisal report. Up to 30 days suspension and an administrative fine of $500. Up to 90 days suspension and an administrative fine of $1,000.

(d) Section 455.227(1)(g), F.S., Having been found liable in a civil proceeding for knowingly filing a false report or complaint with the department against another licensee. Revocation and an administrative fine up to $5,000. Revocation and an administrative fine of $5,000.

(e) Section 475.624(2) or 475.6245(1)(b), F.S. Guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence or breach of trust, or Section 455.227(1)(m), F.S. In the case of fraud, misrepresentation and dishonest dealing, revocation and an administrative fine up to $5,000.

In the case of concealment, false promises and false pretenses, 3 to 5 year suspension and an administrative fine of $1,000.

In the case of culpable negligence and breach of trust, $1,000 fine to a 1 year suspension.

In the case of untrue statement, $1,000 fine to a 1 year suspension. Revocation and an administrative fine of $5,000.

Revocation and an administrative fine of $5,000.

Revocation and an administrative fine of $5,000.

Revocation and an administrative fine of $5,000.

(f) Section 475.624(3) or 475.6245(1)(c), F.S. False, deceptive or misleading advertising, or Section 455.227(1)(a), F.S. $1,000 fine to a 1 year suspension. Revocation and an administrative fine of $5,000.

(g) Section 475.624(4) or 475.6245(1)(d), F.S. Violated any of the provisions of this section or any lawful order or rule issued under the provisions of this section or Chapter 455, F.S., or Section 455.227(1)(b), F.S. Probation or revocation and an administrative fine up to $5,000. Revocation and an administrative fine of $5,000.

(h) Section 475.624(5) or 475.6245(1)(e), F.S. Convicted or found guilty of a crime related to appraising or appraisal management company activities involves moral turpitude or fraudulent or dishonest dealing, or Section 455.227(1)(c), F.S. Suspension to revocation and an administrative fine up to $2,500. Revocation and an administrative fine of $5,000.

(i) Section 475.624(6) or 475.6245(1)(f), F.S. Has license disciplined or acted against or an application denied by another jurisdiction, or Section 455.227(1)(f), F.S. Imposition of discipline comparable to the discipline which would have been imposed if the substantive violation had occurred in Florida or suspension of the license until the license is unencumbered in the jurisdiction, in which the disciplinary action was originally taken, and an administrative fine of $1,000. Revocation and an administrative fine of $5,000.

(j) Section 475.624(7) or 475.6245(1)(g), F.S. Impairment by drunkenness, or use of drugs or temporary mental derangement. Suspension for the period of incapacity and an administrative fine up to $1,000. Revocation and an administrative fine of $5,000.

(k) Section 475.624(8) or 475.6245(1)(h), F.S. Confined in jail, prison or mental institution; or through mental disease can no longer practice with skill or in a confidential capacity. Suspension and an administrative fine up to $1,000. Revocation and an administrative fine of $5,000.

(l) Section 475.624(9) or 475.6245(1)(i), F.S. Failed to give the Board written notice within 30 days after a guilty or nolo contendere plea or having been convicted of any felony. 5 year suspension to revocation and an administrative fine of $1,000. Revocation and an administrative fine of $5,000.

(m) Section 475.624(10) or 475.6245(1)(j), F.S. Guilty for the second time of misconduct in the practice of real estate appraisal that demonstrates incompetent dishonest or negligent dealings with those persons with whom the licensee sustains a confidential relationship. Suspension to revocation and an administrative fine up to $5,000. Revocation and an administrative fine of $5,000.

(n) Section 475.624(11) or 475.6245(1)(k), F.S. Has made or filed a report or record which the licensee knows to be false or willfully failed to file a report or record or willfully impeded such filing as required by state or federal law, or section 455.227(1)(l), F.S. Suspension to revocation and an administrative fine up to $2,500. Revocation and an administrative fine of $5,000.

(o) Section 475.624(12) or 475.6245(1)(l), F.S. Obtained a license or renewal by fraud, misrepresentation or concealment, or Section 455.227(1)(h), F.S. Revocation. Revocation.

(p) Section 475.624(13) or 475.6245(1)(m), F.S. Has paid money or other consideration to a member of the Board or employee of the Board to obtain a license registration or certification, or Section 455.227(1)(h), F.S. Revocation. Revocation.

(q) Section 475.624(14) or 475.6245(1)(n), F.S. Has violated any standard for the development or communication of a real estate appraisal or other provision of the Uniform Standards of Professional Appraisal Practice. Probation up to a 1 year suspension and an administrative fine of up to $5,000. Up to 5 year suspension to revocation and an administrative fine of $5,000.

(r) Section 475.624(15) or 475.6245(1)(o), F.S. Has failed or refused to exercise reasonable diligence in developing or preparing an appraisal report. 1 year Probation to revocation and an administrative fine of $1,000. Up to 5 year suspension to revocation and an administrative fine of $5,000.

(s) Section 475.624(16) or 475.6245(1)(p), F.S. Has failed to communicate an appraisal without good cause. $1,000 fine to a 1 year suspension. Up to 5 year suspension to revocation and an administrative fine of $5,000.

(t) Section 475.624(17) or 475.6245(1)(q), F.S. Has accepted an appraisal assignment contingent upon the licensee reporting a predetermined result, analysis or opinion. 30 day suspension up to revocation. Revocation.

(u) Section 475.624(18) or 475.6245(1)(r), F.S. Has failed to timely notify the department of any change in business location, or has failed to fully disclose all business locations from which he operates as an appraiser. Up to 90 days suspension and an administrative fine of $500. Up to 6 month suspension and an administrative fine of $1,000.

(v) Section 475.626(1)(a), F.S. Has practiced without a valid and current license, registration or certification. 5 year suspension to revocation and an administrative fine of $1,000. Revocation and an administrative fine of $5,000.

(w) Section 475.626(1)(b), F.S. Has violated any order or rule of the Board. Probation to revocation and an administrative fine of $1,000. Revocation and an administrative fine of $5,000.

(x) Section 475.626(1)(c), F.S. Made a false affidavit or affirmation or gave false testimony before the Board. Up to 5 years suspension to revocation and an administrative fine of $1,000.

Revocation and an administrative fine of $5,000.

(y) Section 475.626(1)(d), F.S. Failed to comply with subpoena issued by the Department of Business and Professional Regulation, or Section 455.227(1)(q), F.S. Up to 5 years suspension to revocation and an administrative fine of $1,000. Revocation and an administrative fine of $5,000.

(z) Section 475.626(1)(e), F.S. Obstructed or hindered the enforcement of Part II of Chapter 475, F.S., or Section 455.227(1)(r), F.S. Up to 5 years suspension to revocation and an administrative fine of $1,000. Revocation and an administrative fine of $5,000.

(aa) Section 475.626(1)(f), F.S. Knowingly concealed information relating to violations of Chapter 475, F.S., Part II Up to 90 days suspension and an administrative fine of $1,000. Up to 5 year suspension and an administrative fine of $5,000.

(bb) Section 475.6221(3), F.S. Supervisory appraiser employed by a trainee appraiser. Revocation and an administrative fine of $5,000. Revocation and an administrative fine of $5,000.

(cc) Section 475.6222, F.S. Failure to provide direct supervision or training of trainee appraiser. Suspension to revocation and an administrative fine of $5,000. Revocation and an administrative fine of $5,000.

(dd) Section 455.227(1)(j), F.S. Aiding unlicensed activity. Suspension to revocation and an administrative fine of $5,000. Revocation and an administrative fine of $5,000.

(ee) Section 455.227(1)(k), F.S. Failure to perform any statutory or legal obligation. Up to 5 years suspension and an administrative fine of $5,000. Revocation and an administrative fine of $5,000.

(ff) Section 455.227(1)(n), F.S. Exercising influence on client for licensee’s or third party’s financial gain. Up to 5 years suspension and an administrative fine of $5,000. Revocation and an administrative fine of $5,000.

(gg) Section 455.227(1)(o), F.S. Practicing or offering to practice beyond permitted scope. Up to a 5 year suspension and an administrative fine of $1,000. Revocation and an administrative fine of $5,000.

(hh) Section 455.227(1)(p), F.S. Delegating beyond permitted scope. Up to a 5 year suspension and an administrative fine of $1,000. Revocation and an administrative fine of $5,000.

(ii) Section 455.227(1)(t), F.S. Failure to timely report being convicted or found guilty of, or entering a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction (more than 30 days late). Reprimand and an administrative fine of $1,000. Revocation and an administrative fine of $5,000.

(jj) Section 475.6245(1)(d), F.S. Has violated any provision of this part by failing to submit the annual report and fee required by Section 475.621, F.S. Suspension until annual report submitted and an administrative fine of $1,000. Revocation and an administrative fine of $5,000.

(kk) Section 475.6245(1)(s), F.S. Has influenced or attempted to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation, bribery, or other means. Revocation and an administrative fine of $5,000. Revocation and an administrative fine of $5,000.

(ll) Section 475.6245(1)(t), F.S. Has altered, modified, or otherwise changed a completed appraisal report submitted by an appraiser to an appraisal management company. Revocation and an administrative fine of $5,000. Revocation and an administrative fine of $5,000.

(mm) Section 475.6245(1)(u), F.S. Has employed, contracted with, or otherwise retained an appraiser whose registration, license, or certification is suspended or revoked to perform appraisal services or appraisal management services. Up to revocation and an administrative fine of $5,000. Revocation and an administrative fine of $5,000.

(nn) Section 475.6245(1)(v), F.S. Has required or attempted to require and appraiser to sign any indemnification agreement that would require the appraiser to hold harmless the appraisal management company or its owners, agents, employees, or independent contractors and not the services performed by the appraiser. Up to revocation and an administrative fine of $5,000. Revocation and an administrative fine of $5,000.

(oo) Section 475.6245(1)(w), F.S. Has required or attempted to require a client to sign any indemnification agreement that would require the client to hold harmless the appraisal management company or its owners, agents, or employees from any liability, damage, loss, or claim arising from the services performed by an appraiser. Up to revocation and an administrative fine of $5,000. Revocation and an administrative fine of $5,000.

(4)(a) When either the petitioner or respondent is able to demonstrate aggravating or mitigating circumstances to the Board by clear and convincing evidence, the Board shall be entitled to deviate from the above guidelines in imposing discipline upon a licensee. Whenever the petitioner or respondent intends to introduce such evidence to the Board in a Section 120.57(2), F.S., hearing, advance notice of no less than seven (7) days shall be given to the other party or else the evidence can be properly excluded by the Board. (b) Aggravating or mitigating circumstances may include, but are not limited to, the following:

1. The degree of harm to the consumer or public.
2. The number of counts in the administrative complaint.
3. The disciplinary history of the licensee.
4. The status of the licensee at the time the offense was committed.
5. The degree of financial hardship incurred by a licensee as a result of the imposition of a fine or suspension of the license.
6. Violation of the provision of Part II of Chapter 475, F.S., wherein a letter of guidance as provided in Section 455.225(3), F.S., previously has been issued to the licensee.
7. Attempts by the licensee to correct or stop violations, or refusal by licensee to correct or stop violations. Rulemaking Authority 455.2273, 475.614 FS. Law Implemented 455.227, 475.622, 475.6221(3), 475.624, 475.626, 475.6245 FS. History–New 1-7-92, Formerly 21VV-8.002, Amended 1-9-94, 8-17-97, 6-8-03, 12-4-06, 11-25-07, 1-11-11, 1-30-12, 12-23-12, 7-5-18, 1-16-20, 7-30-23. 61J1-8.003 Notice of Noncompliance. (1) Pursuant to Sections 455.225(3) and 120.695, F.S., the board sets forth below those rules which are considered minor violations for which the DBPR shall provide a registrant, licensee or certificate holder with a notice of noncompliance. A violation of a rule is considered a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. The notice of noncompliance shall only be issued for an initial offense of a listed minor violation. (a) Rule 61J1-7.001, F.A.C. – Display and disclosure of registration, license or certification designation. (b) Section 475.622, F.S. – Display of number. (c) Rule 61J1-7.003, F.A.C. – Designation and number in advertising. (d) Section 475.6221(1), F.S. – Registering the name of supervising appraiser; notification of termination of relationship with supervising appraiser. (e) Subsection 61J1-7.008(2), F.A.C. – Registration or change of current mailing address as defined in Rule 61J1-7.008, F.A.C. (2) The DBPR shall issue a notice of noncompliance to the registrant, licensee or certificate holder subject to the rule that the rule has been violated. The notice of noncompliance shall identify the rule being violated and shall provide information on how to comply with the rule. The DBPR shall allow 10 calendar days for compliance with the rule and shall so notify the registrant, licensee or certificate holder. The time for compliance shall begin to run from the time the registrant, licensee or certificate holder receives the notice of noncompliance. The failure of a registrant, licensee or certificate holder to comply with the notice of noncompliance within the time allowed shall thereafter result in the issuance of a citation pursuant to Rule 61J1-8.001, F.A.C., and, if there is no citation for the violation, then the institution of regular disciplinary proceeding pursuant to Section 455.225, F.S. (3) The notice of noncompliance may be delivered to the registrant, licensee or certificate holder’s current mailing address by certified mail, restricted delivery or by personal service. The notice of noncompliance may be issued by the Division of Real Estate. Rulemaking Authority 475.614 FS. Law Implemented 120.695, 455.225(3) FS. History–New 3-28-94, Amended 1-1-96, 12-4-06. 61J1-8.004 Mediation. (1) “Mediation” means a process, pursuant to Section 455.2235, F.S., whereby a mediator appointed by the DBPR acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal process with the objective of assisting the complainant and subject of the complaint to reach a mutually acceptable resolution. (2) The board finds that mediation is an acceptable method of dispute resolution for the following violation as it is economic in nature or can be remedied by the subject of the complaint: Has failed to communicate an appraisal without good cause pursuant to Section 475.624(16), F.S. Rulemaking Authority 455.2235, 475.614 FS. Law Implemented 455.2235 FS. History–New 1-29-95, Amended 7-10-97. 61J1-8.005 Revocation. (1) Pursuant to Section 455.227(5), F.S., revocation of a registration, license or certification is permanent except for the following violation: Rule 61J1-4.005, F.A.C. – filing an application for renewal of a registration, license or certification when the individual had not complied with the provisions of Rule 61J1-4.003, F.A.C. (2) An individual whose registration, license or certification has been revoked for the above listed violation may not apply for registration for a period of five (5) years after the date of filing of the final order revoking the registration, license or certification. The applicant must meet all the requirements for initial registration as a registrant. Certification, licensure or registration will be based upon the criteria listed in Sections 475.615 and 475.624 or 475.6235 and 475.6245, F.S., as applicable. Rulemaking Authority 475.614 FS. Law Implemented 455.227(5) FS. History–New 3-26-96, Amended 1-30-12. 61J1-8.006 Time for Payment of Administrative Fines and Costs. In disciplinary cases where the board imposes an administrative fine, costs, or both, for violation of Chapters 455 and 475, Part II, F.S., or both, or the rules promulgated thereunder, the fine and costs shall be paid within 30 days of the filing date of the final order unless otherwise directed by the board. Rulemaking Authority 455.227(3), 475.614 FS. Law Implemented 455.227(3), 475.624, 475.626 FS. History–New 7-1-98.

Chapter 61J1-9 STANDARDS OF APPRAISAL PRACTICE

Fla. Admin. Code R. 61J1-9 STANDARDS OF APPRAISAL PRACTICE

CHAPTER 61J1-9 STANDARDS OF APPRAISAL PRACTICE 61J1-9.001 Standards of Appraisal Practice 61J1-9.002 Standards of Professional Practice for Appraisal Management Companies; Development and Communications of Real Estate Appraisals 61J1-9.001 Standards of Appraisal Practice. All registered, licensed, or certified appraisers shall comply with the edition of the Uniform Standards of Professional Appraisal Practice (USPAP), effective January 1, 2024, which is incorporated by reference. The copyrighted material may be viewed but not copied at the Division of Real Estate, 400 West Robinson Street, Hurston Building, North Tower, Suite N801, Orlando, Florida 32801. The incorporated copyrighted material will be available for public inspection and examination at the Department of State, Administrative Code and Register Section, Room 701, The Capitol, Tallahassee, Florida 32399-0250. Rulemaking Authority 475.614 FS. Law Implemented 475.613(2), 475.628 FS. History–New 8-29-06, Amended 3-24-09, 1-30-12, 4-10-14, 12-10-15, 12-31-17, 1-1-20, 1-2-24. 61J1-9.002 Standards of Professional Practice for Appraisal Management Companies; Development and Communications of Real Estate Appraisals. (1) Upon issuance of a registration number by the Department, an appraisal management company shall disclose its issued registration number on each solicitation for engagement and each engagement letter utilized in assigning an appraisal request for real estate appraisal assignments in Florida. (2) An appraisal management company shall: (a) Verify that an appraiser being added to its appraiser panel to appraise properties in Florida holds a license in good standing in Florida. The appraisal management company shall verify the status of the appraiser by contacting the Department or utilizing the National Registry of the Appraisal Subcommittee: (b) Engage only state-certified or state-licensed appraisers for:

1. Federally related transactions in conformity with any Federally related transaction regulations;
2. All other appraisal services. (b) Establish and comply with processes and controls reasonably designed to ensure that the appraisal management company engaging an appraiser, selects an appraiser who is independent of the transaction and who has the requisite education, expertise, and experience necessary to competently complete the appraisal assignment for the particular market and property type; (c) Direct the appraiser to perform the assignment in accordance with USPAP; and (d) Establish and comply with processes and controls reasonably designed to ensure that the appraisal management company conducts its appraisal management services in accordance with the requirements of Section 120E(a) through (i) of the Truth in Lending Act, 15 U.S.C. 1639e(a) through (i), and regulations thereunder. (3) Before or at the time an appraiser accepts an assignment, the appraisal management company shall require the appraiser to declare in writing or via electronic means that the appraiser receiving the assignment is a competent appraiser for the performance of the appraisal being assigned. (4) An appraisal management company must include instructions to appraisers in letters of engagement to decline the assignment in the event the appraiser is not geographically competent or the assignment falls outside the appraiser’s scope of practice restrictions. (5) An appraisal management company cannot: (a) Require that an appraiser prepare an appraisal if the appraiser, in the appraiser’s own independent professional judgment believes that she or he does not have the necessary expertise for the assignment or for the specific geographic area and has notified the appraisal management company and declined the assignment; (b) Require that an appraiser prepare an appraisal within a time frame that the appraiser, in the appraiser’s own professional judgment believes does not afford he or she the ability to meet all the relevant legal and professional obligations, and the appraiser has notified the appraisal management company and declined the assignment; or (c) Require that an appraiser provide the appraisal management company with the appraiser’s digital signature or seal. (6) An appraisal management company that has a reasonable basis to believe an appraiser has failed to comply with the Uniform Standards of Professional Appraisal Practice or any applicable laws or rules in connection with an appraisal, shall refer the matter to the Board if the failure to comply is likely to significantly affect the opinion of value. (7) In complying with Section 475.629, F.S., all appropriate records may be maintained in printed electronic form. Such records shall include records documenting any notices provided to appraisers removed from the appraisal management company’s panel. (8) When removing an appraiser from an appraisal management company’s appraiser panel, the appraisal management company shall: (a) Document the appraisal report or communication, appraisal review report or communication, or consulting assignment report or communication, supporting such action, if applicable; (b) Document the provision of the appraiser with prior written notice as to the reasons for the appraiser’s removal, in compliance with Section 475.6245(1)(s)8., F.S.; and (c) Provide the appraiser the opportunity to respond to such notice prior to removal. (9) Each solicitation for engagement by an appraisal management company for an appraiser’s services must include the following items: (a) The name of the AMC; (b) Appraisal management company’s registration number; (c) If the assignment is retrospective the effective date must be provided; (d) The specific intended use; (e) Type of value; (f) A description of the reporting level expected; (g) The identification of the subject to include the property address, county, property type and property rights as requested by the client; (h) Point of contact for discussion of conditions and scope of work; (i) Other assignment conditions; (j) The expected delivery date; and (k) The terms of payment to the appraiser unless otherwise in a contract. Rulemaking Authority 475.614, 475.629, 475.6235 FS. Law Implemented 475.614, 475.6235, 475.629 FS. History‒New 6-26-13, Amended 8-20-19.

Chapter 61J1-10 Qualifications for Licensure

Fla. Admin. Code R. 61J1-10 Qualifications for Licensure

CHAPTER 61J1-10 QUALIFICATIONS FOR LICENSURE 61J1-10.001 General Requirements 61J1-10.002 Registered Trainee Real Estate Appraiser 61J1-10.003 Certified Residential Appraiser 61J1-10.004 Certified General Appraiser 61J1-10.001 General Requirements. (1) Definitions. (a) “Accredited” means accredited by the Commission on Colleges, a regional or national accreditation association, or by an accrediting agency that is recognized by the U.S. Secretary of Education. (b) “AQB” means Appraiser Qualifications Board, which is an independent board of the Appraisal Foundation. (c) “Classroom hour” is defined as 50 minutes out of each 60-minute segment. (d) “USPAP” means Uniform Standards of Professional Appraisal Practice, as set forth in Rule 61J1-9.001, F.A.C. (2) Classroom Hours. (a) The classroom hours may include the classroom pre-license education required to become a registered trainee appraiser, the classroom pre-license education required to become a licensed appraiser, the classroom pre-license education required to become a certified residential appraiser, or the applicable classroom hours of post-license education for registered trainee appraisers. (b) Credit towards the classroom hour requirement shall only be granted where the length of the educational offering is at least 15 classroom hours, and the person successfully completes an examination pertinent to that educational offering. Any applicant requesting the issuance of his or her certification shall provide the Board with proof of passing a written examination as specified in Section 475.616, F.S., and as further defined by Rule 61J1-5.001, F.A.C., if a written examination is required. Examination results are only valid for a maximum period of 24 months from the exam date. Rulemaking Authority 475.614 FS. Law Implemented 475.611(1)(w), 475.613(2), 475.615(2), 475.616, 475.617 FS. History–New 12-27-07, Amended 3-31-09, 2-10-14. 61J1-10.002 Registered Trainee Real Estate Appraiser. (1) An applicant for registration as a trainee real estate appraiser must present evidence satisfactory to the Board that the applicant has successfully completed within five (5) years of making application at least 100 classroom hours in approved academic courses in subjects related to real estate appraisal, including the following required curriculum: (a) Basic appraisal principles (30 hours); (b) Basic appraisal procedures (30 hours); (c) The 15-hour National USPAP course, or its equivalent, taught by an AQB-certified USPAP instructor; and, (d) Appraisal Subject Matter Electives (25 hours) which shall include three (3) hours of the Florida laws and rules. (2) Board approved pre-registration courses for trainee appraisers must include the following subject matter: (a) Real property concepts and characteristics; (b) Legal consideration; (c) Influences on real estate values; (d) Types of value; (e) Economic principles; (f) Overview of real estate markets and analysis; (g) Ethics and how they apply in appraisal theory and practice; (h) Overview of approaches to value; (i) Valuation procedures; (j) Property description; (k) Residential applications; (l) Coverage of the Uniform Standards of Professional Appraisal Practice; and, (m) Coverage of Florida rules and regulations that pertain to the practice of appraisal. Effective December 1, 2014, Board approved pre-registration courses for trainee appraisers must include a minimum of three (3) hours coverage of Florida laws, rules, and regulations that pertain to the practice of appraisal; and, (n) Effective December 1, 2014, Board approved pre-registration courses for trainee appraisers must include a minimum of three (3) hours of instruction and cover the following topics regarding the roles and rules of supervisor and trainee appraisers:

1. The definitions of direct supervision, registered trainee appraiser, supervisory appraiser, training and work file pursuant to Section 475.611(1)(o), (r), (u), (v) and (y), F.S.
2. Review of Chapter 475, Part II, F.S., sections regarding the post-licensure education requirement for a registered trainee appraiser, displaying and disclosure of licensure, certification or registration, employment of and by registered trainee real estate appraiser, supervision and training of registered trainee appraisers, and retention of records.
3. Review of Rule Division 61J1, F.A.C., sections regarding post-licensing education for registered trainee appraisers, supervision of registered trainee appraisers, display and disclosure of registration, licensure or certification designation and advertising.
4. Review of the Uniform Standards of Professional Appraisal Practice as referenced and incorporated by Rule 61J1-9.001, F.A.C., including at least the following topics: USPAP Advisory Opinion 31, USPAP Standards Rules 2-3 and 3-3, signature authority and security, competency, and preparation of appraisals. (3) An applicant must have passed examinations in the prerequisite courses set forth in subsection 61J1-10.002(1), F.A.C., for the courses to be acceptable. (4) An applicant must have completed the 15-hour National USPAP course, or its equivalent, within the 2 years immediately preceding the receipt of the application for registration by the Board or department. (5) An applicant who was previously registered as a trainee real estate appraiser and whose registration expired due to failure to renew pursuant to Rule 61J1-4.007, F.A.C., may not use the qualifying education for the void trainee real estate appraiser registration to obtain another trainee real estate appraiser registration. Rulemaking Authority 475.614 FS. Law Implemented 475.611(1)(r), (u), (v), 475.613(2), 475.615, 475.617(1) FS. History–New 12-27-07, Amended 3-31-09, 7-17-11, 12-23-12, 8-6-14, 1-11-15, 10-10-17. 61J1-10.003 Certified Residential Appraiser. An applicant for certification as a residential real estate appraiser must present evidence satisfactory to the Board that the applicant meets the following minimum education, experience, and examination requirements: (1) Satisfactory completion of at least 200 classroom hours in approved academic courses in subjects related to real estate appraisal, including the following required core curriculum that are prerequisites to taking the AQB-approved examination in subsection (5) of this rule: (a) Basic appraisal principles (30 hours); (b) Basic appraisal procedures (30 hours); (c) The 15-hour National USPAP course, or its equivalent, taught by an AQB-certified USPAP instructor; (d) Residential Market Analysis and Highest and Best Use (15 hours); (e) Residential Appraiser Site Valuation and Cost Approach (15 hours); (f) Residential Sales Comparison and Income Approaches (30 hours); (g) Residential Report Writing and Case Studies (15 hours); (h) Statistics, Modeling and Finance (15 hours); (i) Advanced Residential Applications and Case Studies (15 hours); and (j) Appraisal Subject Matter Electives (20 hours) which shall include six (6) hours of the Florida laws and rules. (2) Applicants for the Certified Residential credential must also satisfy at least one of the following five options: (a) Bachelor’s degree in any field of study from an accredited college or university (b) An Associate’s degree, or higher, from an accredited college, junior college, community college, or university in a field of study related to:
5. Business Administration;
6. Accounting;
7. Finance;
8. Economics;
9. Real Estate. (c) Successful completion of at least 30 semester credit hours of college-level courses including all of the following collegiate subject matter courses from an accredited college, junior college, community college, or university:
10. English Composition (3 semester hours);
11. Microeconomics (3 semester hours);
12. Macroeconomics (3 semester hours);
13. Finance (3 semester hours);
14. Algebra, Geometry, or higher mathematics (3 semester hours);
15. Statistics (3 semester hours);
16. Computer Science (3 semester hours);
17. Business or Real Estate Law (3 semester hours); and
18. Two elective courses in the following topics:
    1. accounting (3 semester hours);
    2. geography (3 semester hours);
    3. agricultural economics (3 semester hours);
    4. business management (3 semester hours);
    5. real estate (3 semester hours).
    (d) Successful completion of at least 30 semester hours of College Level Examination Program (CLEP) examinations from each of the following subject matter areas:
19. College Algebra (3 semester hours);
20. College Composition (6 semester hours);
21. College Composition Modular (3 semester hours);
22. College Mathematics (6 semester hours);
23. Principles of Macroeconomics (3 semester hours);
24. Principles of Microeconomics (3 semester hours);
25. Introductory Business Law (3 semester hours); and
26. Information Systems (3 semester hours). (e) Any combination from paragraphs (2)(c) and (2)(d) above that ensures that all the courses listed in paragraph (2)(c) have been completed. (3) As an alternative to the requirements in section (2) above, licensees who have held the Licensed Residential credential for a minimum of five (5) years may qualify for a Certified Residential credential by satisfying all of the following: (a) No record of any adverse, final, non-appealable disciplinary action affecting the Licensed Residential appraiser’s legal eligibility to engage in appraisal practice within the five (5) years immediately preceding the date of application for a Certified Residential appraiser credential; (b) Successful completion of the additional required qualifying education as follows:
27. Statistics, Modeling and Finance (15 hours);
28. Advanced Residential Applications and Case Studies (15 hours);
29. Appraisal Subject Matter Electives (20 hours); (c) Successful completion of the required experience requirements as stated in section (4) below; (d) Successful completion of the examination as stated in subsection (5) below. (4) Experience requirements. At least 1500 hours as set forth in Rule 61J1-6.001, F.A.C. (5) Examination. Successful completion of the AQB-approved Certified Residential Real Property Examination and the Florida laws and rules examination. Rulemaking Authority 475.614 FS. Law Implemented 475.613, 475.615, 475.617 FS. History–New 12-27-07, Amended 3-31-09, 7-17-11, 9-8-14, 7-18-19, 2-11-20. 61J1-10.004 Certified General Appraiser. An applicant for certification as a general real estate appraiser must present evidence satisfactory to the Board that the applicant meets the following minimum education, experience, and examination requirements: (1) Education requirement. (a) A Bachelor’s degree, or higher, from an accredited college or university; and (b) Satisfactory completion of at least 300 classroom hours in approved academic courses in subjects related to real estate appraisal, including the following required core curriculum that are prerequisites to taking the AQB-approved examination in subsection (3) of this rule:
30. Basic appraisal principles (30 hours);
31. Basic appraisal procedures (30 hours);
32. The 15-hour National USPAP course, or its equivalent, taught by an AQB certified USPAP instructor (15 hours);
33. General Appraiser Market Analysis and Highest and Best Use (30 hours);
34. Statistics, Modeling and Finance (15 hours);
35. General Appraiser Sales Comparison Approach (30 hours);
36. General Appraiser Site Valuation and Cost Approach (30 hours);
37. General Appraiser Income Approach (60 hours);
38. General Appraiser Report Writing and Case Studies (30 hours); and
39. Appraisal Subject Matter Electives (30 hours) which shall include six (6) hours of the Florida laws and rules. (2) Experience requirements. At least 3000 hours as set forth in Rule 61J1-6.001, F.A.C. (3) Examination. Successful completion of the AQB-approved Certified General Real Property Appraiser Examination and the Florida laws and rules examination. Rulemaking Authority 475.614 FS. Law Implemented 475.613(2), 475.617(3) FS. History–New 12-27-07, Amended 3-31-09, 7-17-11, 9-8-14, 1-11-15.

Chapter 61J1-11 DEFINITIONS

Fla. Admin. Code R. 61J1-11 DEFINITIONS

CHAPTER 61J1-11 DEFINITIONS 61J1-11.001 Definitions 61J1-11.001 Definitions. (1) “Address of record” means the mailing address of the appraisal management company. (2) “Authorized representative” means any person who possesses the authority, directly or indirectly, to direct the management or policies of the appraisal management company, whether through ownership, by contract, or otherwise, as provided in Section 475.6235(2)(f), F.S. (3) “Real estate related financial transaction” means any transaction involving: (a) the sale, lease, purchase, investment in or exchange of real property, including interests in property or the financing thereof; (b) the refinancing of real property or interests in real property; and (c) the use of real property or interests in property as security for a loan or investment, including mortgage-backed securities. Rulemaking Authority 475.614, 475.612(7) FS. Law Implemented 455.275(1), 475.612, 475.613, 475.6235, 475.624 FS. History–New 7-16-12, Amended 7-8-24.

Division 61J2 Florida Real Estate Commission

Chapter 61J2-1 REGISTRATION DETAILS AND FEE STRUCTURE

Fla. Admin. Code R. 61J2-1 REGISTRATION DETAILS AND FEE STRUCTURE

CHAPTER 61J2-1 REGISTRATION DETAILS AND FEE STRUCTURE 61J2-1.011 License Fees 61J2-1.013 Registration Categories 61J2-1.014 Inactive Renewal 61J2-1.015 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions (Repealed) 61J2-1.016 Review of Fees 61J2-1.011 License Fees. (1) Every person, partnership, limited liability partnership, corporation or limited liability company deemed and held to be a licensee under Chapter 475, F.S., must register with the Florida Real Estate Commission (Commission) and must secure a license for each license period. (2) The application fee shall be as follows: (a) Broker $11.00

(b) Sales Associate $11.00

(c) School Instructor $11.00

(3) The initial fee for licensure shall be as follows: (a) Broker $54.00

(b) Sales Associate $46.75

(c) School Instructor $46.75

(4) The biennial renewal fees for licensure shall be as follows: (a) Broker $72.00

(b) Sales Associate $64.00

(c) School Instructor $64.00

(5) The biennial renewal fees for permits shall be as follows: (a) Real Estate School $104.00

(b) Real Estate School Additional Location $45.00

(6) The fees for each application submitted by an entity, sponsor, organization and individual equivalent offering education courses shall be as follows: (a) Education offering $80.00

(b) For each biennial education course offering renewal $80.00

(7) The initial registration and biennial renewal fees for registration of a corporation, partnership, limited liability company or limited liability partnership shall be as follows: (a) Corporation, partnership, limited liability company or limited liability partnership $72.00

(b) Branch office for a corporation, partnership, limited liability company or limited liability partnership $64.00

(8) Fees shall be charged for the following purposes: (a) Change of Individual License to Professional Association or Professional Association to Individual License $30.00

(b) Late fee $25.00

(9) Fees for worthless payment instrument (check, draft, order of payment, debit card order, or electronic funds transfer): (a) Pursuant to Section 68.065, F.S., if the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, the following service fees shall be charged:

1. Face value does not exceed $50.00 $25.00

2. Face value exceeds $50.00 but does not exceed $300.00 $30.00

3. Face value exceeds $300.00 $40.00 or 5% of the value of the payment instrument, whichever is greater.

(b) Pursuant to Chapter 68.065, F.S., if the payee of a payment instrument, the payment of which is refused by the drawee because of lack of funds, lack of credit, or lack of an account, or where the maker or drawer stops payment on the instrument with intent to defraud, the following service fees shall be charged: (10) The fee and the time of payment for an inactive license shall be the same as for an active license, as set forth in subsection (3) of this rule; however, there is no inactive branch office license. (11) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 455.219, 475.05, 475.125, 475.24 FS. Law Implemented 68.065, 215.34(2), 455.219, 475.04, 475.125, 475.15, 475.182, 475.24, 475.451 FS. History–New 10-10-79, Amended 1-1-80, 4-14-81, 9-13-82, 10-19-83, 8-12-84, 10-13-85, Formerly 21V-1.11, Amended 2-1-87, 1-1-88, 5-5-88, 10-13-88, 9-10-89, 1-4-90, 2-13-90, 3-27-90, 8-21-90, 10-9-90, 1-13-91, 8-19-91, 7-1-93, Formerly 21V-1.011, Amended 7-18-94, 12-17-95, 12-30-97, 1-19-99, 4-18-99, 2-24-00, 11-17-03, 3-8-05, 12-6-07, 8-18-08, 5-8-13, 6-29-14, 9-16-15, 9-13-16, 9-27-17, 8-15-19, 12-31-19, 11-1-21, 11-22-22. 61J2-1.013 Registration Categories. (1) Registration in the following categories shall show the name, the business address, effective and expiration date: (a) Active broker partnership; (b) Active broker corporation; (c) Active Limited Liability Company; (d) Active Limited Liability Partnership; (e) Active Professional Limited Liability Company; (f) Active Professional Association; and (g) Branch office. (2) An active real estate broker may serve in a non-brokerage capacity as an officer or director with a real estate corporation(s) or a partner in a real estate partnership(s) while maintaining an active license(s) with another real estate brokerage firm(s). Rulemaking Authority 475.05 FS. Law Implemented 475.15, 475.183, 475.24 FS. History–New 1-1-80, Amended 7-19-83, Formerly 21V-1.13, Amended 6-28-93, Formerly 21V-1.013, Amended 1-18-00, 11-20-07. 61J2-1.014 Inactive Renewal. (1) A voluntarily inactive licensee may elect to renew as inactive every two years by submitting a request to the Department of Business and Professional Regulation (DBPR), satisfying the required continuing education, and submitting the fee established in Rule 61J2-1.011, F.A.C. (2) A renewal notice will be sent to the licensee’s address of record. If a licensee does not elect to renew, the status automatically shall revert to involuntarily inactive. (3) An involuntarily inactive licensee may renew by submitting a request to the DBPR, complying with Rule 61J2-3.010, F.A.C., and submitting the current renewal fee in addition to any applicable late fee as established in Rule 61J2-1.011, F.A.C. When the total period of involuntary inactivity exceeds 2 years, the license shall automatically expire per Section 475.183(2), F.S. Ninety days prior to the expiration, the DBPR shall give notice to the involuntarily inactive licensee. Rulemaking Authority 475.05, 475.183 FS. Law Implemented 475.183 FS. History–New 11-12-81, Formerly 21V-1.14, Amended 10-13-88, 6-28-93, Formerly 21V-1.014, Amended 10-25-98, 8-8-02, 10-8-08. 61J2-1.015 Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions. Rulemaking Authority 120.53, 475.05, 475.42, 455.02(2) FS. Law Implemented 475.01, 475.25, 475.42, 475.421, 475.4511, 455.02(2) FS. History– New 3-14-85, Formerly 21V-1.15, Amended 6-28-93, Formerly 21V-1.015, Repealed 12-26-17. 61J2-1.016 Review of Fees. (1) No later than the end of September of each year the Commission shall review the fees in Rule 61J2-1.011, F.A.C., to ensure the fees are adequate to cover all anticipated costs and to maintain a reasonable cash balance as required in Section 455.219(1), F.S., and defined in Rule 61-5.002, F.A.C. (2) If it is determined the fees are not adequate to cover all anticipated costs and to maintain a reasonable cash balance then an increase in the appropriate fee(s) will be proposed or, in the alternative, a one-time fee pursuant to Section 455.219(2), F.S., will be assessed. (3) If it is determined that there will be an amount in excess of the required reasonable cash balance, then the appropriate decrease in the fee(s) will be proposed. Rulemaking Authority 475.05 FS. Law Implemented 455.219, 475.125 FS. History–New 2-15-96, Amended 1-18-00.

Chapter 61J2-2 INDIVIDUAL APPLICANT'S EXAMINATION RULES

Fla. Admin. Code R. 61J2-2 INDIVIDUAL APPLICANT'S EXAMINATION RULES

CHAPTER 61J2-2 INDIVIDUAL APPLICANT’S EXAMINATION RULES 61J2-2.0261 Refund of Applicant and Registration Fees 61J2-2.027 Applications by Individuals 61J2-2.029 Examination Areas of Competency 61J2-2.030 Notice of Denial 61J2-2.031 Where to Apply (Repealed) 61J2-2.032 Informal Hearings (Repealed) 61J2-2.0261 Refund of Applicant and Registration Fees. Upon written request, refunds of fees will be made under the following circumstances and in the following amounts: (1) The Commission shall refund to the applicant, or to the applicant’s beneficiary, any portion of the application fee not expended in processing the application. Upon a request for refund, if applicant’s license fee is refunded, applicant’s application shall be considered null and void. (2) Any fees accepted or collected in error, or in excess of that required, shall be refunded. (3) In the event a licensee dies prior to the effective date of a renewal period, the full amount of the fee collected for the renewal of licensee’s license shall be refunded to the beneficiary. Rulemaking Authority 475.125, 475.05 FS. Law Implemented 475.125, 475.175, 475.182 FS. History–New 5-17-84, Formerly 21V-2.261, Amended 10-13-88, 7-20-93, Formerly 21V-2.0261. 61J2-2.027 Applications by Individuals. The application of a natural person for active licensure, whether the applicant expects to operate alone, or as a partner, or with a corporation, or as a sales associate, is governed by substantially the same rules and forms. (1) The applicant must meet necessary personal qualifications as follows: (a) Is 18 years of age or older. (b) If the application is for broker:

1. Has been registered as an active sales associate for at least 24 months during the preceding 5 years under one or more brokers;
2. Has held a current and valid real estate sales associate’s license for at least 24 months during the preceding 5 years in the employ of a governmental agency for a salary and performing the duties authorized in Chapter 475, F.S.; or
3. Has held a current and valid real estate broker’s license for at least 24 months during the preceding 5 years in any other state, territory, or jurisdiction of the United States, or in any foreign national jurisdiction. (c) Hold a high school diploma or its equivalent. (2) The applicant must make it possible to immediately begin the inquiry as to whether the applicant is honest, truthful, trustworthy, of good character, and bears a good reputation for fair dealings, and will likely make transactions and conduct negotiations with safety to investors and to those with whom the applicant may undertake a relation of trust and confidence. The applicant is required to disclose: (a) Whether the applicant has ever been convicted or found quilty of, or entered a guilty plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction or if applicant is currently under criminal investigation; (b) Whether the applicant has ever done business under any other name, or alias, than the name signed on the application, with sufficient information to enable the Commission to investigate the circumstances; (c) Whether the applicant has had any license, registration or permit to practice any requested profession, occupation, vocation or business revoked, annulled, suspended, relinquished, surrendered or otherwise disciplined in Florida or in any other jurisdiction or if any such proceeding or investigation is now pending; and (d) Whether the applicant has had an application for a real estate license denied in Florida or in any other jurisdiction or if there is a pending proceeding to deny such application. (3) Each applicant must submit digital fingerprint data for processing to determine if the applicant has a criminal history record. (4) All applicants for permits to instruct or be a permitholder for a real estate school must comply with Section 475.451(2)(a), F.S. Rulemaking Authority 475.05 FS. Law Implemented 475.17, 475.175, 475.451 FS. History–New 1-1-80, Formerly 21V-2.27, Amended 4-10-88, 5-20-90, 1-13-91, 7-15-92, 7-20-93, Formerly 21V-2.027, Amended 11-10-97, 1-18-00, 11-26-03, 1-16-13, 12-22-20. 61J2-2.029 Examination Areas of Competency. The answers to the Broker, Sales Associate, and Instructor examination shall be graded on the basis of 100 points for a perfect examination. An applicant who receives a grade of 75 points or higher shall be deemed to have successfully completed the licensure examination. The sales associate examination shall be based upon a knowledge, understanding and application of real estate principles and practices, real estate law and real estate mathematics as contained in the Commission prescribed prerequisite education course syllabus for licensure as a real estate sales associate. To the extent these subject areas can reasonably be separated, 45 points shall be based on law, 45 points on principles and practices and 10 points on real estate mathematics. The broker and instructor examinations shall be based upon a knowledge, understanding and application of real estate law, real estate principles and practices including appraising, finance, investment and brokerage management and real estate mathematics. To the extent these subject areas can reasonably be separated, 45 points shall be based on law, 40 points on principles and practices and 15 points on real estate mathematics. Rulemaking Authority 455.2177(1)(b), 475.05 FS. Law Implemented 455.217(1)(b) FS. History–New 1-1-80, Amended 4-13-81, Formerly 21V-2.29, Amended 6-28-93, Formerly 21V-2.029, Amended 1-18-00, 2-4-04, 8-18-08. 61J2-2.030 Notice of Denial. (1) When an application is denied by the Commission, the applicant shall be notified in writing through a copy of the order by email, or registered or certified mail, or actual service or constructive service. If notification is returned unserved, the Department shall attempt again to notify the applicant after making reasonable effort to determine the applicant’s correct mailing or email address. (2) The order shall include the reasons for the denial and advise the applicant has 21 days from date of receipt to request a hearing in accordance with Chapter 120, F.S. Rulemaking Authority 475.05 FS. Law Implemented 120.569, 120.60, 455.275 FS. History–New 1-1-80, Formerly 21V-2.30, Amended 6-28-93, Formerly 21V-2.030, Amended 11-10-97, 11-1-21. 61J2-2.031 Where to Apply. Rulemaking Authority 475.05 FS. Law Implemented 475.175 FS. History–New 9-16-84, Formerly 21V-2.31, Amended 7-20-93, Formerly 21V-2.031, Amended 1-19-99, 11-26-03, Repealed 12-26-17. 61J2-2.032 Informal Hearings. Rulemaking Authority 475.05, 475.17 FS. Law Implemented 455.227(2), 475.17, 475.25 FS. History–New 5-7-95, Amended 2-4-04, Repealed 10-7-21.

Chapter 61J2-3 MINIMUM EDUCATIONAL REQUIREMENTS

Fla. Admin. Code R. 61J2-3 MINIMUM EDUCATIONAL REQUIREMENTS

CHAPTER 61J2-3 MINIMUM EDUCATIONAL REQUIREMENTS 61J2-3.008 Pre-licensing Education for Broker and Sales Associate Applicants 61J2-3.009 Continuing Education for Active and Inactive Broker and Sales Associate Licensees 61J2-3.010 License Reactivation Education for Brokers and Sales Associates 61J2-3.011 Continuing Education for School Instructors 61J2-3.012 Equivalency for Prelicensing Education 61J2-3.013 Hardship Cases 61J2-3.015 Notices of Satisfactory Course Completion 61J2-3.016 Video Tape Quality Standards (Repealed) 61J2-3.017 Video Tape Classroom Viewing Conditions (Repealed) 61J2-3.020 Post-licensing Education for Active and Inactive Broker and Sales Associate Licensees 61J2-3.008 Pre-licensing Education for Broker and Sales Associate Applicants. (1) Any persons desiring to become licensed as a real estate sales associate must satisfactorily complete the Commission-prescribed course designated as Course I. This course will consist of 63 hours of 50 minutes each, inclusive of examination, in the basic fundamentals of real estate principles and practices, basic real estate, and license law. This rule sets forth the course approval criteria and procedure. (2)(a) Any licensed sales associate desiring to become licensed as a broker must satisfactorily complete the Commission-prescribed course designated as Course II. This course will consist of 72 hours of 50 minutes each, inclusive of examination, in the fundamentals of real estate appraising, investment, financing, and brokerage and management operations. (b) For all courses approved for classroom delivery, 50 minute hours means fifty minutes of classroom instruction, exclusive of any breaks, recesses, or other time not spent in instruction. Classroom hours are the hours delivered live by an instructor in a classroom or by a live streaming or any means of video conferencing technology while the students are in attendance. (c) Any school requesting approval for a live streaming course must submit to the DBPR at the time of course submission all course materials as well as information on the delivery method and software platform being used. (3)(a) Accredited universities, colleges, community colleges and area technical centers in this state that offer transferable college credit courses, or real estate schools registered pursuant to Section 475.451, F.S. (“school”), may offer these Commission-prescribed courses. Satisfactory completion of these courses will not entitle any person to receive a license as a real estate broker or sales associate until such person has met all other requirements of law and has passed the applicable Commission-approved state examination which DBPR administers. (b) The school permit holder, permitted administrative person, or permitted instructor shall, assure necessary equipment performance and administer and certify student and course compliance. (4)(a) A grade of 70% or higher on the Commission-prescribed end-of-course examination constitutes satisfactory course completion. The school shall administer the examination upon completion of the instruction, provided the student has not missed in excess of 8 hours of classroom instruction. (b) The school must submit to the Commission the course materials and end-of-course examinations. The school must also submit a copy of the course, and access to the course, in the format in which the course will be offered to the student. Primary schools shall submit pre-license courses for evaluation every new edition. In no event may a course evaluation submission for renewal be made more than four years after the original approval date. Secondary schools shall resubmit pre-license courses for evaluation prior to every second renewal. A primary school is a school that develops the course material for evaluation under its school name. A secondary school is a school that has been given authority by the primary school to submit the course material for evaluation under its school name. Secondary schools must submit, with the course evaluation, a letter from the primary school authorizing the secondary school to submit the course for evaluation under its school name. When delivered by distance education, the course and examination shall comply with the “Course Approval criteria” as follows:

1. Distance learning necessitates a high level of self-direction and should, therefore, require students to read, conduct research, complete timed exams and similar assignments, designed to measure the student’s competency relative to the required subject matter objectives. Distance learning study must be offered on a classroom hour per classroom hour basis.
2. Distance learning means the delivery of education offerings or courses via the internet and/or other interactive electronic media. Such offerings or courses shall be interactive, providing for the interchange of information between the student, and instructor, and shall provide for the registration, evaluation, monitoring, and verification of pre-license education: 50 minute hours for distance learning courses shall be the equivalent of the 50 minute classroom hour in a classroom delivery course.
3. Schools must demonstrate that the credit hours awarded for distance learning are appropriate to the course offered. The schools may accomplish this objective by demonstrating that students engaged in distance learning have acquired the knowledge, skills, and/or competencies that are at least equivalent to those acquired by students enrolled in classroom studies. Pre-licensure courses shall not be offered by correspondence methods, except by reason of a hardship as defined by rule.
   1. The school must demonstrate that the technical processes used in the delivery of the course operate correctly and the instructional strategies its use supports.
   2. The school must have in place alternative plans for the provision of uninterrupted learner services and technical support in the event of primary system failure.
   3. The school must have policies and technical processes in place to verify and document student identity for enrollment, course participation and course completion.
   4. Course submissions shall include a detailed course time-line, and the school shall make the timeline available to students prior to enrollment.
   5. The school must present evidence by means of an objective study that the stated course hours are consistent with actual hours required to complete the course.
   6. The school must describe in detail, the objective method used to insure students receive only the allotted time to complete the end-of-course examinations.
   7. The school must demonstrate that permitted instructors and technical staff are available during normal business hours for student assistance. Instructor and technical assistance must be made available to students and posted in a prominent location.
   8. Pre-licensing courses must conform to and follow the order of the Course I and Course II syllabus. Courses must include learning objectives for each session of the syllabus. The school must describe the method of assessment of the student’s performance periodically throughout the course of instruction.
   9. End-of-course examinations shall not include aids such as, but not limited to, hint, back, or retry functionalities. The school must demonstrate that there is a reasonable method in place to prevent duplication of the end-of-course examination. Students shall not take the end-of-course examination without satisfactorily completing all sessions of the syllabus.
   10. The school must require the student to submit a statement that includes, “I certify that I personally completed all assignments and have not duplicated any portion of the end-of-course examination prior to the taking of the final examination.” Thereafter, it is the responsibility of the school offering the Commission-approved courses to keep the course materials current and accurate, as changing times and laws require, and obtain approval from the Commission at least 60 days before implementing any significant changes to the course during its approval period. Approval or denial of a Commission-required pre-licensing course (Course I or Course II) will be based on the extent to which the course content covers the material set forth in the appropriate Commission-developed course syllabus, “Sales Associate Course Syllabus (Course I)” or “Broker Course syllabus (Course II).”
   11. Course I submissions for classes to be offered prior to December 31, 2022 shall be evaluated based on the January 1, 2015 Revision, incorporated herein by reference and available at http://www.flrules.org/Gateway/Reference.asp?No=Ref-05977.
   II. Course I submissions for classes to be offered on or after January 1, 2023 shall be evaluated based on the January 1, 2023 Revision, which is likewise incorporated herein by reference and is available at http://www.flrules.org/Gateway/Reference.asp?No=Ref-14599. III. Course II submissions shall be evaluated based on the Revision effective January 1, 2017 “Broker Course syllabus (Course II),” incorporated herein by reference and available at http://www.flrules.org/Gateway/Reference.asp?No=Ref-09136. IV. In addition to online availability, Course I and Course II syllabi are also available from the Commission’s office at 400 W. Robinson Street, #N801, Orlando, Florida 32801. V. The institution or school may resubmit a denied course with the mandated changes for reevaluation. k. During the month of August of each year, real estate instructors and other real estate education stake holders may submit written recommendations for updating the Sales Associate Course Syllabus (Course I) and Broker Course Syllabus (Course II). The purpose of submitting recommendations is to keep the course syllabi current with revised rules and statutes. (c) The Commission will approve pre-licensure courses for a period of 24 months and evaluate the course for renewal, provided the school submits the form DBPR RE 18, “Continuing Education Course Approval Application,” incorporated by subsection 61-35.027(17), F.A.C., no more than 120 days prior to the course expiration date. The renewal application must include the course materials, the end-of-course examinations and a summary of what updates and revisions have been made to the course. A school may grade an examination within 15 days after the expiration date of the course, provided it receives the materials prior to or on the date of expiration. Schools shall notify students of the course number and expiration date upon enrollment. (d) The school shall develop at least 2 forms of the end-of-course examination, and submit them for approval as provided in paragraph (4)(b) above. No end-of-course examination shall contain more than 15% duplication of questions. Examinations must test the course material. The answer key must be unique for each form of the examination. The answer key must reference the page number(s) containing the information upon which each question and correct answer is based. At least 70% of the questions on each form of the test shall be application oriented. Application level means the ability to use the learned material in a completely new and concrete situation. It usually involves the application of rules, policies, methods, computations, laws, theories, or any other relevant and available information. No more than 10% of the questions on each form of the test shall be at the knowledge level. Knowledge level means the recall of specific facts, patterns, methods, terms, rules, dates, formulas, names, or other information that should be committed to memory. A school offering the Commission-prescribed courses must maintain a sufficient bank of questions to assure examination validity. The sales associate end-of-course examinations shall contain at least 100 items, or 2 items per instruction hour. The broker end-of-course examinations shall contain at least 95 items, of which 5 items are 2 points each, which shall cover closing statements or escrow accounts, or 2 items per instruction hour. All Questions shall be multiple-choice with 4 answer choices each. The order of the examination questions may not follow the sequence of the course content and the item must not refer the student to the course material. The overall time to complete the end-of-course examination must not exceed the equivalent of 1.8 minutes per item. (5)(a) The school offering these Commission-prescribed courses shall inform each student of the standards and requirements at the commencement of each course. Notice of course completion shall comply with Rule 61J2-3.015, F.A.C. (b) In all Commission-approved courses by distance education, the school and permitholder shall provide to students an address, email address and telephone number of a permitted instructor registered with such school, who shall be available to assist the students with instruction. The school shall communicate to all students the times in which the permitted instructor will be available to assist the students with instruction. (6) Students failing the Commission-prescribed end-of-course examination must wait at least 30 days from the date of the original examination to retest. Within one year of the original examination, a student may retest a maximum of one time. Otherwise, students failing the end-of-course examination must repeat the course prior to being eligible to take the end-of-course examination again. Schools shall administer a different form of the end-of-course examination to a student that is retaking the exam or repeating the course. (7) Make-up classes and examinations to enable a student to take the end-of-course examination due to student or family illness may not extend more than 30 days beyond the scheduled class examination without approval from the Commission. Make-up classes must consist of the original course materials that the student missed. (8) Any active member in good standing with The Florida Bar who is otherwise qualified under the real estate license law is exempt from the Commission-prescribed prerequisite education course for licensure as a real estate sales associate. (9) Any applicant for licensure who has received a 4-year degree or higher in real estate from an accredited institution of higher education is exempt from the Commission-prescribed prerequisite education courses for licensure. Rulemaking Authority 475.05 FS. Law Implemented 475.04, 475.17, 475.182, 475.183, 475.451 FS. History–New 1-1-80, Amended 8-24-80, 9-16-84, Formerly 21V-3.08, Amended 7-16-86, 10-13-88, 5-20-90, 1-13-91, 7-20-93, Formerly 21V-3.008, Amended 12-13-94, 6-14-95, 8-2-95, 12-30-97, 9-1-99, 1-18-00, 11-6-00, 1-12-04, 11-3-15, 3-27-18, 1-17-19, 12-22-20, 8-21-22. 61J2-3.009 Continuing Education for Active and Inactive Broker and Sales Associate Licensees. (1)(a) All persons holding active or inactive licenses as brokers or sales associates must satisfactorily complete a minimum of 14 hours of instruction of 50 minutes each as the Commission has prescribed or approved during each license renewal period excluding the first renewal period of their current license. (b) For all courses approved for classroom delivery, 50 minute hours means fifty minutes of classroom instruction, exclusive of any breaks, recesses, or other time not spent in instruction. Classroom hours are the hours delivered live by an instructor in a classroom or by live streaming or any means of video conferencing technology while students are in attendance at permitted or approved school locations. (c) Any school or provider requesting approval for a live streaming course must submit to the DBPR at the time of course submission all course materials as well as information on the delivery method and software platform being used. (d) Distance learning means the delivery of education offerings or courses by correspondence or via the internet and/or other interactive electronic media. Such offerings or courses shall be interactive, providing for the interchange of information between the student and instructor, and shall provide for the registration, evaluation, and monitoring of students. (e) 50 minute hours for distance learning courses shall be the equivalent of the 50 minute classroom hour in a classroom delivery course. (f) The Commission shall approve any specialty course, seminar or conference in the real estate practice area provided by a public or private school, firm, association, organization, person, corporation, sponsor or provider. “Specialty” courses on real estate practices shall be approved for no less than 2 hours and for not more than 8 hours of instruction of 50 minutes each. Courses shall not be approved for fractional hours. The Commission will approve the course for 24 months. Approval or denial of a “specialty” course will be based on its compliance with the criteria established in Section 475.182(1), F.S. (g) A school or provider must submit the course materials and end-of-course examinations to the Commission for evaluation at least 60 days prior to use and receive approval before it may offer the course, The school or provider must also submit a copy of the continuing education course, and access to the course, in the format in which the course will be offered to the student. Thereafter, it is the responsibility of the school or provider offering the Commission-approved courses to keep the course materials current and accurate, as changing times and laws require. (h) All Core Law continuing education courses shall be resubmitted for evaluation prior to every second renewal. Classroom and distance education courses may be submitted for renewal no more than 120 days prior to the course expiration date. (i) If a school or provider develops a new version of course materials or new end-of-course examinations during the approval period, the end-of-course examinations and a summary of the changes must be submitted to the Commission at least 60 days prior to use and receive approval before it may offer the course. (2)(a) The Commission-prescribed Core Law course totaling 3 hours of instruction of 50 minutes each will review and update licensees on Florida real estate license law, Commission rules, and agency law, and provide an introduction to other state laws, federal laws, and taxes affecting real estate. Approval or denial of the Commission-required Core Law course will be based on the extent to which the course content covers the above-referenced subject areas. The Commission-prescribed Business Ethics course totaling 3 hours of instruction of 50 minutes each will cover general business ethics applicable to any business and/or real estate. Examinations, if required, must test the course material. If course approval is denied, the institution or school may resubmit the course, with the mandated changes for re-evaluation. (b) Licensees must take the 3-hour Core Law course once during each renewal period. A licensee who takes the 3-hour Core Law course in each year of the renewal period shall be allowed a total of 3 hours of Core Law education and 3 hours of specialty education toward the 14 hour requirement. Real estate licensees who hold a license that expires on September 30, 2018, or thereafter, must also take the 3-hour Business Ethics course once during each licensure renewal period. A licensee who takes the 3-hour Business Ethics course in each year of the renewal period shall be allowed a total of 3 hours of Business Ethics and 3 hours of specialty education toward the 14 hour requirement. Licensees who complete the Core Law course and Business Ethics course will receive 6 hours credit toward the 14 hour requirement. The “specialty” course hours must total at least 8 hours. (3) Successfully meeting standards established for each Commission-prescribed course constitutes satisfactory completion of the Commission-prescribed continuing education course or courses. A provider shall issue notice of satisfactory classroom course completion only to a licensee attending a minimum of 90% of each of the classroom hours of Commission-prescribed course instruction. Notice of course completion shall be as per Rule 61J2-3.015, F.A.C. (4)(a) A grade of 80% or higher on the Commission-prescribed continuing education course or courses examination constitutes satisfactory course completion. Students failing the Commission-prescribed course examination must repeat the course of study prior to being eligible to retake the course examination, which must be a different examination from the one the student previously failed. No examination shall contain more than 20% duplication of questions. (b) A copy of the distance education course materials and a copy of each form of the end-of-course examinations that will be distributed to students shall be submitted to the Commission for evaluation and approval at least 60 days prior to use. Examinations must test the course material. The provider must submit the course materials and a minimum of five end-of-course examinations for each course to the Commission for evaluation and approval at least 60 days prior to its use. Thereafter, it is the responsibility of the provider offering the Commission-approved courses to keep the course material current and accurate. If the Commission does not approve the course, the provider may resubmit the course, with the mandated changes for re-evaluation. If a provider develops a new version of course materials or new end-of-course examinations during the approval period, the end-of-course examinations and a summary of the changes must be submitted to the Commission at least 60 days prior to use and receive approval before it may offer the course. (c) The objective of the distance education course of study end-of-course examination is to test fairly and reliably whether students have learned essential facts and concepts from the course. The examination shall consist of a minimum of 30 items or, if delivered in smaller modules, the examination shall consist of a minimum of 10 items for courses of 5 hours or less. For courses greater than 5 hours, but less than 14 hours, the examination shall consist of a minimum of 2 items per instruction hour. All questions shall be multiple choice with 4 answer choices each. The order of the examination questions may not follow the sequence of the course content. The answer key must be unique for each form of the examination. The answer key must reference the page number(s) containing the information on which each question and correct answer is based. At least 70% of the questions on each form of the test shall be at the application level or higher. No more than 10% of the questions on each form of the test shall be at the knowledge level. The answer key must be unique for each form of the examination. Any school offering the Commission-prescribed continuing education course of study by distance education must maintain a sufficient bank of questions to assure examination validity when administering the examination to licensees from a common source such as a specific business, firm or family.
4. Application level means the ability to use the learned material in a completely new and concrete situation. It usually involves the application of rules, policies, methods, computations, laws, theories, or any other relevant and available information.
5. Knowledge level means recalling specific facts, patterns, methods, terms, rules, dates, formulas, names, or other information that must be committed to memory. (d) In all Commission-approved continuing education courses by distance education, the real estate school and school permitholder shall provide to students an address and telephone number of a permitted instructor registered with such school to answer inquiries. The school shall post the schedule of the instructor’s availability. (e) A provider may grade an examination within 15 days after the expiration date of the course, provided it receives the materials prior to or on date of expiration. Providers shall notify students of course number and expiration date upon receipt of course materials. (5) Accredited universities, colleges and community colleges in this state, area technical centers, approved providers or real estate schools registered pursuant to Section 475.451, F.S., may offer the Commission-prescribed or approved specialty courses. Accredited universities, colleges and community colleges in this state, area technical centers or real estate schools registered pursuant to Section 475.451, F.S., may offer the Commission-prescribed Core Law course. Satisfactory completion of these courses will not entitle any person to renew a license as a real estate broker or sales associate until such person has met all requirements of law. (6) Any active member in good standing with The Florida Bar and who is otherwise qualified under the real estate license law is exempt from the continuing education requirements of this rule. (7) An instructor who teaches a Commission-approved continuing education course may use the course towards the satisfactory completion of the sales associate or broker continuing education requirement on a classroom-hour for classroom-hour basis. However, an instructor may not claim the course more than once in a renewal cycle. (8) Current members of the Florida Real Estate Commission may earn three (3) credit hours toward specialty education while serving at a Florida Real Estate Commission meeting during the legal agenda session. This credit may only be earned once during a renewal cycle. Rulemaking Authority 455.2123, 475.05 FS. Law Implemented 455.2123, 475.04, 475.17, 475.182, 475.183, 475.451 FS. History–New 1-1-80, Amended 8-24-80, 10-19-83, 9-16-84, Formerly 21V-3.09, Amended 10-13-88, 6-17-91, 12-29-91, 12-8-92, 6-28-93, Formerly 21V-3.009, Amended 2-2-94, 11-13-94, 5-13-96, 12-30-97, 10-25-98, 3-7-99, 1-18-00, 9-17-00, 1-12-04, 7-10-06, 11-3-15, 2-2-17, 9-27-17, 12-27-18, 12-22-20. 61J2-3.010 License Reactivation Education for Brokers and Sales Associates. (1) Brokers and sales associates holding an involuntarily inactive license may only maintain this status for 2 years. The first day of this allowable 2-year period is the first day the broker or sales associate failed to hold a valid and current active or voluntarily inactive license. After the second year, the broker’s or sales associate’s right to request an active or voluntarily inactive license automatically expires, by operation of law. (2) A licensee may reactivate a license that has been involuntarily inactive for more than 12 months but less than 24 months by satisfactorily completing 28 hours of a Commission-prescribed education course derived from the Florida Real Estate Commission Salesperson Course Syllabus (FREC Course I). The course shall contain coverage of the following topics: Real Estate License Law and Qualifications for Licensure (Session 2); Real Estate License Law and Commission Rules (Session 3); Authorized Relationships, Duties and Disclosure (Session 4); Real Estate Brokerage Activities and Procedures (Session 5); Violations of License Law, Penalties and Procedures (Session 6); Federal and State Laws Pertaining to Real Estate (Session 7); Real Estate Contracts (Session 11); Real Estate Related Computations and Closing of Transactions (Session 14); and Real Estate Investments and Business Opportunity Brokerage (Session 17). (3) Students failing the Commission-prescribed end-of-course examination may retest a maximum of one time within one year of the original examination. Otherwise, students failing the Commission-prescribed end-of-course examination must repeat the course prior to being eligible to again take the end-of-course examination. Schools shall administer a different form of the end-of-course examination to a student who is retaking the exam or repeating the course. (a) For all courses approved for classroom delivery, 50 minute hours means fifty minutes of classsroom instruction, exclusive of any breaks, recesses, or other time not spent in instruction. Classroom hours are the hours delivered live by an instructor in a classroom or by live streaming or any means of video conferencing technology while the students are in attendance at permitted or approved school locations. (b) Any school requesting approval for a distance learning course via streaming video or any other means of video conferencing technology must submit to the DBPR at the time of course submission all course materials as well as information on the delivery method and software platform being used. (c) When delivered by distance education, the course and examinaton shall comply with the “Course Approval criteria” as follows:
6. Distance learning necessitates a high level of self-direction and should, therefore, require students to read, conduct research, complete timed exams and similar assignments, designed to measure the student’s competency relative to the required subject matter objectives. Distance learning study must be offered on a classroom hour per classroom hour basis.
7. Distance learning means the delivery of education offerings or courses via the internet and/or other interactive electronic media. Such offerings or courses shall be interactive, providing for the interchange of information between the student and instructor, and shall provide for the registration, evaluation, and monitoring of students. 50 minute hours for distance learning courses shall be the equivalent of the 50 minute classroom hour in a classroom delivery course. (4) A licensee may demonstrate satisfactory completion for reactivation by achieving a grade of 70% or higher on the Commission-prescribed end-of-course examination. The end-of-course examination shall contain 2 items per instructional hour or a minimum of 50 questions. The school must develop at least two forms of the end-of-course examination and submit them to the Department for approval. All courses shall conform to the requirements of Rule 61J2-3.008, F.A.C. The school shall test only students who have completed at least 90% of the required hours of instruction. (5) The school offering these Commission-prescribed courses shall inform each student of the standards and requirements at the commencement of each course and issue a notice of course completion as prescribed by the Commission in Rule 61J2-3.015, F.A.C. (6) Accredited universities, colleges, community colleges in this state, area technical centers or real estate schools registered pursuant to Section 475.451, F.S., may offer the Commission-prescribed courses. Satisfactory completion of these courses will not entitle any person to reactivate an involuntary inactive license as a real estate broker or sales associate until such person has met all other requirements of law. (7) The Commission will allow an additional 6-month period after the expiration of a license for brokers and sales associates who cannot complete the reactivation requirements due to individual hardship. Individual hardship is defined in Rule 61J2-3.013, F.A.C. (a) Any licensee requesting a hardship shall make the request to the Commission in writing setting forth the basis of the alledged hardship. The Commission may require said request to be supported by additional documentation. (b) Any licensee who has received a hardship extension will remain null and void until a valid reinstatement application for is received with proof of renewal fees and reactivation education. Rulemaking Authority 475.05, 475.183(3) FS. Law Implemented 475.04, 475.17, 475.182, 475.183, 475.451 FS. History–New 1-1-80, Amended 8-24-80, 9-16-84, Formerly 21V-3.10, Amended 10-13-88, 6-28-93, Formerly 21V-3.010, Amended 12-30-97, 10-25-98, 1-18-00, 3-15-04, 11-8-06, 12-25-07, 8-18-08, 1-17-16, 10-26-16. 61J2-3.011 Continuing Education for School Instructors. (1)(a) Any person holding “school instructor” permits shall recertify competency during each permit period by satisfactorily completing 7 classroom or distance learning hours consisting of 3 hours of Core Law and 4 hours of Instructional Techniques as approved by the Commission. A school instructor is not required to complete the 7 hours of recertification education as a condition for initial permit renewal if the time between the effective date on the initial permit as an instructor and the beginning of the initial renewal permit is less than 6 months. Of the required 7 classroom or distance learning hours, up to 3 hours may be applied toward the continuing education core law requirement for licensure pursuant to Rule 61J2-3.009, F.A.C. The commission may accept as a substitute for 3 classroom hours of core law, one time per renewal cycle, attendance at one legal agenda session of the commission. To obtain credit, the licensee must notify the division at least 7 days in advance of his or her intent to attend. A licensee may not earn any continuing education credit for attending a legal agenda session of the commission as a party to the disciplinary action. (b) An Instructor may fulfill the Instructional Techniques requirement for the renewal of his or her instructor license only by attending a course taught by another instructor. (2)(a) For all courses approved for classroom delivery, 50 minute hours means fifty minutes of classroom instruction, exclusive of any breaks, recesses, or other time not spent in instruction. Classroom hours are the hours delivered live by an instructor in a classroom, or by live streaming, or any means of video conferencing technology to students who are in attendance at permitted or approved school locations. (b) Any school or provider requesting approval for a live streaming course must submit to the DBPR at the time of course submission all course materials as well as information on the delivery method and software platform being used. (c) The Commission shall approve any course, seminar or conference in the real estate practice area provided by a public or private school, firm, association, organization, person, corporation, sponsor or provider. Instructional Technique courses shall be approved for no less than 2 hours and for not more than 4 hours of instruction of 50 minutes each. Courses shall not be approved for fractional hours. The Commission will approve the course for 24 months. Instructional Technique courses shall be designed to be training oriented to teach instructors how to present courses. (d) A school or provider must submit the course materials for a classroom course to the Commission for evaluation at least 60 days prior to use and must receive approval before it may offer the course, The school or provider must also submit a copy of the continuing education course, and access to the course, in the format in which the course will be offered to the student. Thereafter, it is the responsibility of the school or provider offering the Commission-approved courses to keep the course materials current and accurate, as changing times and laws require. (e) All Core Law continuing education courses shall be resubmitted for evaluation prior to every second renewal. Classroom and distance education courses may be submitted for renewal no more than 120 days prior to the course expiration date. (f) If a school or provider develops a new version of course materials or new end-of-course examinations during the approval period, the end-of-course examinations and a summary of the changes must be submitted to the Commission at least 60 days prior to use and receive approval before it may offer the course. (3) The Commission-prescribed Core Law course totaling 3 hours of instruction of 50 minutes each will review and update licensees on Florida real estate license law, Commission rules, and agency law, and provide an introduction to other state laws, federal laws, and taxes affecting real estate. Approval or denial of the Commission-required Core Law course will be based on the extent to which the course content covers the above-referenced subject areas. Examinations, if required, must test the course material. If course approval is denied, the institution or school may resubmit the course, with the mandated changes for reevaluation. (4) Successfully meeting standards established for each Commission-prescribed course constitutes satisfactory completion of the Commission-prescribed continuing education course or courses. A provider shall issue a notice of satisfactory classroom course completion only if a licensee attends a minimum of 90% of the total classroom hours for the Commission-prescribed course. Notice of course completion shall be as per Rule 61J2-3.015, F.A.C. (5) If an examination is required by this rule, a grade of 80% or higher on the Commission-prescribed examination constitutes satisfactory course completion. The school or provider must administer a different exam to a student who fails the examination. No examination shall contain more than 20% duplication of questions. (6)(a) A copy of the distance education course materials and a copy of each form of the end-of-course examinations that will be distributed to students shall be submitted to the Commission for evaluation and approval at least 60 days prior to use. Examinations must test the course material. The provider must submit the course materials and a minimum of five end-of-course examinations for each course to the Commission for evaluation and approval at least 60 days prior to its use. Thereafter, it is the responsibility of the provider offering the Commission-approved courses to keep the course material current and accurate. If the Commission does not approve the course, the provider may resubmit the course, with the mandated changes for re-evaluation. If a provider develops a new version of course materials or new end-of-course examinations during the approval period, the end-of-course examinations and a summary of the changes must be submitted to the Commission at least 60 days prior to use and receive approval before it may offer the course. (b) The objective of the distance education course of study end-of-course examination is to test fairly and reliably whether students have learned essential facts and concepts from the course. The examination shall consist of a minimum of 10 items for courses of 5 hours or less. For courses greater than 5 hours, but no more than 7 hours, the examination shall consist of a minimum of 2 items per instruction hour. All questions shall be multiple choice with 4 answer choices each. The order of the examination questions may not follow the sequence of the course content. The answer key must be unique for each form of the examination. The answer key must reference the page number(s) containing the information on which each question and correct answer is based. At least 70% of the questions on each form of the test shall be at the application level or higher. No more than 10% of the questions on each form of the test shall be at the knowledge level. Any school offering the Commission-prescribed continuing education course of study by distance education must maintain a sufficient bank of questions to assure examination validity when administering the examination to licensees from a common source such as a specific business, firm or family.
8. Application level means the ability to use the learned material in a completely new and concrete situation. It usually involves the application of rules, policies, methods, computations, laws, theories, or any other relevant and available information.
9. Knowledge level means recalling specific facts, patterns, methods, terms, rules, dates, formulas, names, or other information that must be committed to memory. (c) 50 minute hours for distance learning courses shall be the equivalent of the 50 minute classroom hour in a classroom delivery course. (d) In all Commission-approved continuing education courses by distance education, the real estate school and school permitholder shall provide to students an address and telephone number of a permitted instructor registered with such school to answer inquiries. The school shall post the schedule of the instructor’s availability. (e) If the provider or school receives a completed examination from the student prior to or on the date of the course expiration, the provider or school has up to 15 days from the course expiration date to grade the exam and report the student’s results as prescribed in Section 455.2178, F.S. (7) Accredited universities, colleges and community colleges in this state, area technical centers, approved providers or real estate schools registered pursuant to Section 475.451, F.S., may offer the Commission-prescribed or approved Instructional Techniques courses. Accredited universities, colleges and community colleges in this state, area technical centers or real estate schools registered pursuant to Section 475.451, F.S., may offer the Commission-prescribed Core Law course. (8) Satisfactory completion of these courses will not entitle any person to renew a permit as a school instructor until such person has met all other requirements of law. (9) The continuing education requirements for school instructors do not apply with respect to any attorney who is otherwise qualified under the provisions of Section 475.451, F.S. Rulemaking Authority 455.2123, 475.05, 475.182, 475.451 FS. Law Implemented 455.2123, 455.2178, 475.182, 475.451 FS. History–New 7-28-80, Amended 8-24-80, 1-3-84, Formerly 21V-3.11, Amended 7-25-90, 7-20-93, Formerly 21V-3.011, Amended 12-30-97, 1-18-00, 9-17-00, 2-4-04, 10-13-10, 12-6-12, 4-19-18, 2-11-19, 12-22-20. 61J2-3.012 Equivalency for Prelicensing Education. (1) Any person who has attended an accredited college, university, community college, area technical center or a real estate school licensed in Florida pursuant to Section 475.451, F.S., and who, while attending said institutions or real estate school, satisfactorily completed real estate courses covering substantially the same subject matter, classroom hours of attendance, and completion standards as prescribed by the Commission in Rule 61J2-3.008, F.A.C., shall be deemed to have satisfactorily completed the course. (2) Any person who has obtained a 4-year degree or higher in real estate from an accredited institution of higher education which substantially covers the Commission prescribed course subject matter at such college or university shall also be deemed to have satisfactorily completed the course. Application for equivalency evaluation shall be accompanied by an official transcript from the college or university or by appropriate certificate issued by a real estate school registered in Florida pursuant to Section 475.451, F.S., showing the real estate subjects taken together with date completed and grade attained. The Commission may request supportive documentation to determine course equivalency. Rulemaking Authority 475.05 FS. Law Implemented 475.17, 475.183 FS. History–New 1-1-80, Amended 9-16-84, Formerly 21V-3.12, Amended 6-28-93, Formerly 21V-3.012, Amended 12-30-97, 1-18-00, 4-28-04, 7-28-10, 12-24-17. 61J2-3.013 Hardship Cases. (1) A physical hardship case pertaining to post licensing education includes: (a) A licensee’s long term illness or an illness involving a close relative or person for whom the licensee has care-giving responsibilities; (b) The required course is not reasonably available; or (c) The licensee has an economic or technological hardship that substantially relates to the ability to complete education requirements. (2) An illness or economic hardship case pertaining to reactivation education includes: (a) A licensee’s long term illness or an illness involving a close relative or person for whom the licensee has care-giving responsibilities; (b) The required course is not reasonably available; or (c) The licensee has an economic or technological hardship that substantially relates to the ability to complete education requirements. (3) An economic hardship is defined as the inabililty to meet reasonable basic living expenses. (4) Any person requesting such hardship as cited above shall make a request to the Commission in writing, setting forth the basis of the alleged hardship. The Commission may require said request to be supported by additional documentation. Rulemaking Authority 475.05, 475.17(2), 475.183 FS. Law Implemented 475.17(2), (5), (7), 475.183 FS. History–New 1-1-80, Amended 8-24-80, Formerly 21V-3.13, Amended 4-10-88, 10-13-88, 7-20-93, Formerly 21V-3.013, Amended 12-30-97, 9-17-00, 12-6-12, 1-17-16. 61J2-3.015 Notices of Satisfactory Course Completion. (1) Applicants for initial licensure as a broker or sales associate must provide the course completion certificate at the individual’s scheduled examination as proof that they have satisfactorily completed the applicable Commission prescribed course. (2) An application for renewal or reactivation of an existing status as a broker, broker-sales associate, sales associate or instructor shall contain an affirmation by the individual of having satisfactorily completed the applicable Commission prescribed, conducted or approved course(s). Each licensee and instructor permitholder shall retain the course completion certificate as proof of successful completion of continuing education or pre-or post-license education requirements for at least 5 years following completion of the course. Failing to provide evidence of compliance with continuing education or post-license education requirements or the furnishing of false or misleading information regarding compliance with said requirements shall be grounds for disciplinary action against the licensee or instructor. (3) Commission approved equivalent courses offered by accredited Florida universities, colleges, community colleges and area technical centers shall provide students with the applicable course completion certificate (notice) described below. The course completion certificate for these equivalent courses must contain the college equivalent course identifying number. (4) All requests for equivalency for credit courses taken at universities, colleges and community colleges outside of Florida must be accompanied by an official transcript. An official transcript contains the seal of the institution and the signature of the registrar. (5) The course completion certificate must be completely filled out by the institution, school or sponsor certifying successful course completion and must be typed, printed in ink or delivered electronically to the student. (6) The course completion certificates shall contain the following information for the type of course being completed. (a) Pre-licensing Course for Sales Associate. Name of School School License Number Address of School Course Title: Course I Course Number Start Date Finish Date Exam Date Student Name Student Address Authorized Signature for the School (b) Pre-licensing Course for Broker. Name of School School License Number Address of School Course Title: Course II Course Number Start Date Finish Date Exam Date Sales Associate License Number Student Name Student Address Authorized Signature for the School (c) Broker and Sales Associate Continuing Education and Reactivation Education. Name of School School/Provider License Number Address of School Course Title Course Number Course Hours Start Date Finish Date License Number Student Name Student Address Authorized Signature for the School (d) Post-licensing Education for Broker and Sales Associate. Name of School School/Provider License Number Address of School Course Title Course Number Course Hours Start Date Finish Date License Number Student Name Student Address Authorized Signature for the School (e) Instructor Continuing Education. Name of School School/Provider License Number Address of School Course Title Course Number Course Hours Start Date Finish Date Permit Number Student Name Student Address Authorized Signature for the School (f) Each course completion certificate shall contain the following information: The student named in this certificate has completed the referenced course in accordance with the requirements of the Florida Real Estate Commission. The original course completion certificate is to be given to the student and a copy retained by the school for a minimum of five (5) years following the date the course was completed. (7) The school may retain the copy of the course completion certificate in any electronic or digital format readily retrivable. Rulemaking Authority 455.2123, 475.05 FS. Law Implemented 455.2123, 475.04, 475.17, 475.182, 475.183, 475.451 FS. History–New 1-1-80, Amended 8-24-80, 9-16-84, Formerly 21V-3.15, Amended 10-13-88, 12-29-91, 6-7-92, 6-28-93, Formerly 21V-3.015, Amended 9-11-94, 12-30-97, 1-18-00, 10-15-00, 11-16-09, 10-13-10, 12-16-12, 12-14-20, 2-9-23. 61J2-3.016 Video Tape Quality Standards. Rulemaking Authority 475.04, 475.05, 474.17, 475.451 FS. Law Implemented 475.04, 475.451 FS. History–New 8-24-80, Formerly 21V-3.16, 21V-3.016, Repealed 5-4-08. 61J2-3.017 Video Tape Classroom Viewing Conditions. Rulemaking Authority 475.04, 475.05, 475.17, 475.451 FS. Law Implemented 475.04, 475.17, 475.451 FS. History–New 8-24-80, Formerly 21V-3.17, Amended 7-20-93, Formerly 21V-3.017, Amended 11-16-97, Repealed 4-27-08. 61J2-3.020 Post-licensing Education for Active and Inactive Broker and Sales Associate Licensees. (1) All applicants for licensure who pass a broker or sales associate licensure examination must satisfactorily complete a Commission-prescribed post-licensing course prior to the first renewal following initial licensure. The licensee must take the post-licensing course or courses at an accredited university, college, community college, area technical center in this state, real estate school registered, pursuant to section 475.451, F.S., or Commission-approved sponsor (“provider”). (a) For a licensed sales associate, the post-licensing education requirement shall consist of one or more Commission-approved courses which shall not exceed 45 hours of 50 minutes each, inclusive of examination, in subjects as provided for in section 475.17(3)(a), F.S. Post-licensing courses shall consist of a minimum of 15 hours of instruction of 50 minutes each. (b) For a broker, the post-licensing education requirement shall consist of one or more Commission-approved courses which shall not exceed 60 hours of 50 minutes each, inclusive of examination, in subjects as provided for in section 475.17(3)(a), F.S. (c) For all courses approved for classroom delivery, 50 minute hours means fifty minutes of classroom instruction, exclusive of any breaks, recesses, or other time not spent in instruction. Classroom hours are the hours delivered live by an instructor in a classroom or by live streaming or any means of video conferencing technology while students are in attendance at permitted or approved school locations. (d) Any school requesting approval for a distance learning course via live streaming video or any other means of video conferencing technology must submit to the DBPR at the time of course submission all course materials as well as information on the delivery method and software platform being used. (2) Post-licensing education courses shall be training oriented, to the maximum extent possible, and shall build on the academic body of knowledge acquired during the pre-licensing education courses. All courses shall emphasize development of skills necessary for licensees to operate effectively and provide increased protection to the public. (3) Providers and schools must submit to the DBPR the course materials and end-of-course examination. Providers and schools must also submit a copy of the course, or access to the course, in the format in which the course will be offered to students. The course and examination, when delivered via distance education, shall comply with the “Course Approval Criteria” as follows: (a) Distance learning necessitates a high level of self-direction and should, therefore, require students to read, conduct research, complete timed-exams and similar assignments, designed to measure the student’s competency relative to the required subject matter objectives. Distance learning study must be offered on a classroom-hour for classroom-hour basis. (b) Distance learning means delivery of education offerings or courses via the internet and/or other interactive electronic media. Such offerings or courses shall be interactive, providing for the interchange of information between the student and instructor, and shall provide for the registration, evaluation, and monitoring of students. (c) 50 minute hours for distance learning courses shall be the equivalent of the 50 minute classroom hour in a classroom delivery course. (d) Providers and schools must demonstrate that the credit hours awarded for distance learning are appropriate to the course offered. The provider may accomplish this objective by demonstrating that students engaged in distance learning have acquired the knowledge, skills, and/or competencies that are at least equivalent to those acquired by students enrolled in classroom studies.
10. Providers and schools must demonstrate that the technical processes used in the delivery of the course operate correctly and the instructional strategies its use supports.
11. Providers and schools must have in place alternative plans for the provision of uninterrupted learner services and technical support in the event of primary system failure.
12. Providers and schools must have policies and technical processes in place to verify and document student identity for enrollment, course participation and course completion.
13. Course submissions shall include a detailed course time-line, and the provider shall make the time-line available to students prior to enrollment.
14. Providers and schools must present evidence by means of an objective study that the stated course hours are consistent with actual hours required to complete the course.
15. Providers and schools must describe in detail, the objective method used to ensure students receive only the allotted time to complete the end-of-course examinations.
16. Providers and schools must demonstrate that instructors and technical staff are available to assist students with instruction. Instructor and technical assistance hours must be made available to students and posted in a prominent location.
17. Post-licensing courses must include learning objectives for each session of the syllabus. The course provider must describe the method of assessment of the student’s performance periodically throughout the course of instruction.
18. End-of-course examinations shall not include aids such as, but not limited to, hint, back, or retry functionalities. Providers and schools must demonstrate that there is a reasonable method in place to prevent duplication of the end-of-course examination. Students shall not take the end-of-course examination without satisfactorily completing all sessions of the syllabus.
19. Providers and schools must require the student to submit a statement that includes “I certify that I personally completed all assignments and have not duplicated any portion of the end-of-course examination” prior to the taking of the final examination. Thereafter, it is the responsibility of the provider offering the Commission-approved courses to keep the course materials current and accurate, as changing times and laws require, and obtain approval from the Commission at least 60 days before implementing any significant changes to the course during its approval period. If the Commission does not approve the course, the provider may resubmit a denied course, with the mandated changes for re-evaluation. (4) A grade of 75% or higher on the Commission-prescribed end-of-course examination constitutes satisfactory course completion. The provider shall develop at least 2 unique forms of the end-of-course examinations and submit them for approval with a detailed course syllabus. The answer key must be unique for each form of the examination and reference the page number(s) containing the information on which each question and correct answer is based. Examinations must test the material. At least 70% of the questions on each form of the test shall be application oriented. Application level means the ability to use the learned material in a completely new and concrete situation. It usually involves the application of rules, policies, methods, computations, laws, theories, or any other relevant and available information. No more than 10% of the questions on each form of the test shall be at the knowledge level. Knowledge level means the recall of specific facts, patterns, methods, terms, rules, dates, formulas, names or other information that should be committed to memory. A provider offering the Commission-prescribed courses must maintain a sufficient bank of questions to assure examination validity. End-of-course examinations shall contain at least 100 items. A course that is thirty-hours or less shall contain a minimum of 50 items. All questions shall be multiple choice with 4 answer choices each. The order of the examination questions may not follow the sequence of the course content. The overall time to complete the end-of-course examination must not exceed the equivalent of 1.8 minutes per item. (5) The Commission shall approve post-licensure courses for a period of 24 months and evaluate the course for renewal, provided the provider or school submits form DBPR RE 18, “Continuing Education Course Approval Application,” as set forth in subsection 61-35.027(17), F.A.C., no more than 120 days prior to the course expiration date. The renewal application must include the course materials, the end-of-course examinations, and a summary of what updates and revisions have been made to the course. Post-License courses shall be resubmitted for evaluation prior to every second renewal. A provider may grade an examination within 15 days after the expiration of the course, provided it receives the materials prior to or on date of expiration. (6) Providers and schools shall administer the examination and issue a notice of satisfactory completion, as per rule 61J2-3.015, F.A.C., provided the student has not missed in excess of 10% of the instruction and has passed the end-of-course examination with a grade of 75% or higher. (7) Providers and schools offering these Commission-prescribed or approved courses shall inform each student of the standards and requirements at the commencement of each course. Notice of course completion shall comply with rule 61J2-3.015, F.A.C. In all Commission-approved courses offered by distance education, the provider or permitholder shall provide to students an address, e-mail address and telephone number of a Commission-approved instructor registered with such provider, who shall be available to assist the students with instruction. Instructor and technical assistance hours must be made available to students and posted in a prominent location. (8)(a) Students failing a Commission-prescribed end-of-course examination may retest a maximum of one time within one year of the original examination. Otherwise, students failing the Commission-prescribed end-of-course examination must repeat the course prior to being eligible to again take the end-of-course examination. Providers and schools shall administer a different form of the end-of-course examination to a student that is retaking the exam or repeating the course. (b) Make-up classes and examinations to enable a student to take the prescribed end-of-course examination due to student or family illness may not extend more than 30 days beyond the class scheduled end-of-course examination date without Commission approval. Make-up classes must consist of the original course materials which the student missed. (9) The Commission will allow an additional 6-month period after the first renewal following initial licensure for brokers and sales associates that cannot, due to individual physical hardship, complete the course or courses within the required time. Individual physical hardship is defined as a case wherein a person desiring to take the Commission-prescribed courses cannot, by reason of a physical hardship, attend the place where the classes are conducted. Any person desiring to complete the education course by means of distance education shall make a request to the Commission in writing, setting forth the basis of the alleged hardship. The Commission shall require said request to be supported by statements of doctors and other persons having knowledge of the facts. Rulemaking Authority 475.05, 475.17 FS. Law Implemented 475.04, 475.17, 475.182 FS. History–New 1-1-89, Amended 1-4-90, 6-28-93, Formerly 21V-3.020, Amended 8-2-95, 12-30-97, 2-24-00, 7-23-00, 5-12-04, 1-11-11, 3-25-18.

Chapter 61J2-4 PARTNERSHIP

Fla. Admin. Code R. 61J2-4 PARTNERSHIP

CHAPTER 61J2-4 PARTNERSHIP 61J2-4.007 Registration Requirements 61J2-4.009 Incorporation by Reference 61J2-4.010 Successor Partnerships 61J2-4.007 Registration Requirements. Every partnership shall be registered and at least one of its partners licensed or registered as an active broker. Each partner who expects to deal with the public in the partnership’s practice or business as a broker shall hold a valid and current active broker’s license or registration. Rulemaking Authority 475.05 FS. Law Implemented 475.01(1)(a), 475.15 FS. History–New 1-1-80, Formerly 21V-4.07, Amended 10-13-88, 6-28-93, Formerly 21V-4.007, Amended 3-8-95, 2-4-04. 61J2-4.009 Incorporation by Reference. All of the provisions and requirements of Rules 61J2-5.014 through 61J2-5.018, F.A.C. shall apply to partnerships and its partners so far as they may be made applicable by reading into them “partnership” for “corporation” and “partners” for “officers” or “directors.” Rulemaking Authority 475.05 FS. Law Implemented 475.01(1)(a), 475.15 FS. History–New 1-1-80, Formerly 21V-4.09, Amended 7-20-93, Formerly 21V-4.009. 61J2-4.010 Successor Partnerships. Ordinarily when a partner dies or withdraws, or a new partner is added, that partnership is dissolved and a new one is created. For Commission purposes, if the business is continued by two or more persons, one of whom is an active broker with the partnership, the partnership will be deemed to be continued. In this latter case, it is only necessary to cancel, issue, or reissue registration and licenses, perfecting the changes in organization, including change of name of the partnership, if any, and including a reissue of licenses to each sales associate if there is a change of name or address. If there is dispute between two former partners, or groups thereof, as to the right to use a trade name or firm name, no registration or licenses shall be issued to either until the dispute is settled by agreement or judicially and the registration and licenses of all, as well as the sales associate(s), shall be involuntary inactive until the dispute is so settled, or a request shall be filed for the issuance of registration and licenses under another name. Rulemaking Authority 475.05 FS. Law Implemented 475.01(1)(a), 475.15 FS. History–New 1-1-80, Formerly 21V-4.10, Amended 7-20-93, Formerly 21V-4.010, Amended 2-4-04.

Chapter 61J2-5 CORPORATIONS

Fla. Admin. Code R. 61J2-5 CORPORATIONS

CHAPTER 61J2-5 CORPORATIONS 61J2-5.012 Domestic Corporations 61J2-5.013 Foreign Corporation 61J2-5.014 Registration of Corporation 61J2-5.015 License Status of Officers and Directors Required 61J2-5.016 License Status of Active Officers and Directors 61J2-5.017 Registration of Inactive Officers and Directors 61J2-5.018 Vacancies of Office 61J2-5.019 Responsibility for Registration Status 61J2-5.020 Execution of Papers by Corporation 61J2-5.012 Domestic Corporations. Before initial registration is granted, proof must be furnished of legal corporate existence. Before renewal registration is granted, the Commission may require proof of legal corporate existence. Proof may be by letter from the Secretary of State or by certification. Rulemaking Authority 475.05 FS. Law Implemented 475.161, 475.42(1)(k) FS. History–New 1-1-80, Formerly 21V-5.12, 21V-5.012. 61J2-5.013 Foreign Corporation. Before registration is granted or, if demanded, renewal registration is issued to a foreign corporation, and licenses to its active officers and directors, proof shall be filed that the corporation is authorized to do business in the State of Florida. A letter from the Secretary of State shall be deemed to be sufficient proof. Rulemaking Authority 475.05 FS. Law Implemented 475.161, 475.42(1)(k) FS. History–New 1-1-80, Formerly 21V-5.13, 21V-5.013. 61J2-5.014 Registration of Corporation. Unless the Commission or Department shall have information that the corporation has been in violation of Chapters 475 and 455, F.S., or the rules promulgated under said chapters, it will be assumed to be qualified for registration if its officers and directors are qualified and if the answers to questions in the application, or in supplemental inquiries, are satisfactory. Otherwise, investigation and other proceedings, as in cases of individual applicants, shall commence. No registration shall be granted or renewed for any corporation if it shall appear that the individual(s) having control of the corporation has been denied, revoked, or suspended and not reinstated, or if a person having control of the corporation has been convicted of a felony in any court and has not had civil rights restored for at least 5 years, or if an injunction has been entered against the individual for operating as a real estate licensee without a license. A person shall be deemed to be in control of a corporation where such person or spouse, children, or member of the household shall own or control, directly or indirectly, more than 40 percent of the voting stock of such corporation. Rulemaking Authority 475.05 FS. Law Implemented 455.227(2), 475.15, 475.17(1) FS. History–New 1-1-80, Amended 7-15-84, Formerly 21V-5.14, Amended 7-20-93, Formerly 21V-5.014, Amended 12-22-20. 61J2-5.015 License Status of Officers and Directors Required. All officers and directors of a real estate brokerage corporation, domestic or foreign, shall be registered. No registration shall be issued to the corporation or licenses to any officer or director, unless the corporation shall cause to register, and biennially renew the license of at least one active officer. A foreign corporation shall biennially present proof that at least one active officer, holding a valid and current active license, or for whom such a license is requested, is authorized to transact brokerage business in the State of Florida, and to bind the corporation with respect to such business. Rulemaking Authority 475.05 FS. Law Implemented 475.15 FS. History–New 1-1-80, Formerly 21V-5.15, Amended 7-20-93, Formerly 21V-5.015, Amended 2-24-00. 61J2-5.016 License Status of Active Officers and Directors. Officers and directors who expect to be active must qualify and become licensed in the same manner and procedure as any other applicant for active license. No registration shall be issued to the corporation or partnership unless every broker licensed with the corporation or partnership is registered as an officer, director or partner of the corporation or partnership. No sales associate or broker associate may be registered as an officer, director of a brokerage corporation or general partner of a brokerage partnership. Rulemaking Authority 475.05 FS. Law Implemented 475.15, 475.161 FS. History–New 1-1-80, Amended 7-15-84, 6-9-85, Formerly 21V-5.16, Amended 6-28-93, Formerly 21V-5.016, Amended 4-15-04. 61J2-5.017 Registration of Inactive Officers and Directors. Individual applications for renewal shall not be required of inactive officers and directors of a corporation. Registration shall be maintained upon the representations contained in the application or request for renewal by the corporation. Rulemaking Authority 475.05 FS. Law Implemented 475.15, 475.183 FS. History–New 1-1-80, Formerly 21V-5.17, Amended 6-28-93, Formerly 21V-5.017. 61J2-5.018 Vacancies of Office. (1) A brokerage shall have at all times registered the name(s) of its officer(s) and director(s). In the event that a brokerage has but one active broker, and such broker dies, resigns, or is unexpectedly unable to remain in the position as the active broker, then, in such event, such vacancy shall be filled within 14 calendar days during which no new brokerage business may be performed by the brokerage or a licensee registered with the brokerage until a new active or temporary broker is appointed and registered with the brokerage. It shall be the duty of the brokerage to immediately notify the Commission of such vacancy and of the steps taken to fill this vacancy. (2) Failure to appoint another active or temporary broker within 14 calendar days will result in the automatic cancellation of the brokerage registration, and the licenses of all its broker associates and sales associates will become inactive. (3) If a brokerage has more than one active broker and one such broker dies, resigns, or is unexpectedly unable to remain in the position as an active broker, neither the brokerage registration nor the licenses of any of its broker associates and sales associates are affected by this vacancy. (4) If a brokerage has only one active broker and that broker dies, resigns or is unexpectedly unable to remain in the position as active broker, the vacancy may be filled with a temporary broker. A temporary broker may be registered with a brokerage for a period not to exceed 60 days without the need to comply with the Secretary of State registration requirements of Rule 61J2-5.012, F.A.C. Such registration shall be on Form DBPR 17, “Registration for Temporary Qualifying Brocker,” which is incorporated by reference in subsection 61-35.027(16), F.A.C. No later than 60 days after the registration of the temporary broker, such brokerage shall file proof that a new broker is properly registered with the Secretary of State on a form prescribed by the department. (5) For purposes of qualifying for a temporary broker license, a broker’s failure to complete post-licensure education is not an unexpected vacancy. (6) If an active broker officer or director resigns or is unexpectedly unable to remain in the broker’s corporate office, the broker may have a license reissued individually or with a partnership or another corporation. If an active broker officer or director is already licensed as active when the broker takes the corporate office, the broker shall surrender the current license within 7 calendar days, and apply for issuance or reissuance of a license in the corporate capacity. However, surrender of the broker’s current license is not required if the broker holds multiple licenses. Rulemaking Authority 475.05, 475.15 FS. Law Implemented 475.01(1)(a), 475.15, 475.31, 475.42 FS. History–New 1-1-80, Formerly 21V-5.18, Amended 6-28-93, Formerly 21V-5.018, Amended 2-1-16, 12-22-20. 61J2-5.019 Responsibility for Registration Status. (1) It shall be the duty of every active corporate officer and director to see that the corporation and each of its officers, directors and salespersons are holders of current registration and licenses. It shall be the duty of every active broker partner of a partnership to see that each partner of a partnership required to hold registration and license does in fact hold registration and license. (2) No corporate registration or license of any of its officers, directors, and salespersons shall be valid unless and until such corporation has an active broker other than as provided in Rule 61J2-5.018, F.A.C. (3) The registration of such partnership shall be cancelled automatically during that period of time that at least one partner is not the holder of a current and valid active broker’s license. Rulemaking Authority 475.05 FS. Law Implemented 475.01(1)(a), 475.15, 475.31, 475.42 FS. History–New 1-1-80, Formerly 21V-5.19, Amended 6-28-93, Formerly 21V-5.019. 61J2-5.020 Execution of Papers by Corporation. All applications, requests, changes of address and employment for salespersons, or other papers and documents required of corporations, shall be signed in the name of the corporation, by an active broker officer or director. Rulemaking Authority 475.05 FS. Law Implemented 475.15, 475.23, 475.42 FS. History–New 1-1-80, Formerly 21V-5.20, Amended 7-20-93, Formerly 21V-5.020, Amended 9-10-23.

Chapter 61J2-6 SALESPERSONS

Fla. Admin. Code R. 61J2-6 SALESPERSONS

CHAPTER 61J2-6 SALESPERSONS 61J2-6.006 Employment by More Than One Entity 61J2-6.006 Employment by More Than One Entity. (1) A salesperson or broker-salesperson may only be employed by one broker or by one owner-developer. Owner-developers shall be defined as any of those unlicensed entities enumerated in s. 475.011(2), F.S. (2) One owner-developer may produce proof that various properties are owned in the name of various entities, but all such entities are so connected, subsidiary, interlocking or affiliated, so that such ownership or control, for practical purposes, is substantially in the same individual or individuals, in which case a salesperson or broker-salesperson may have a group license. Each entity shall execute the certificate attached to the request for a group license. Specific Authority 475.05 FS. Law Implemented 475.01(1)(d), 475.011(2) FS. History–New 1-1-80, Amended 9-17-81, Formerly 21V-6.06, Amended 6-28-93, Formerly 21V-6.006.

Chapter 61J2-9 REISSUANCE OF CERTIFICATE

Fla. Admin. Code R. 61J2-9 REISSUANCE OF CERTIFICATE

CHAPTER 61J2-9 REISSUANCE OF CERTIFICATE 61J2-9.0061 Change of Address 61J2-9.007 Change of Name 61J2-9.0061 Change of Address. Rulemaking Authority 120.53(1), 475.05 FS. Law Implemented 475.23 FS. History–New 1-1-80, Amended 5-25-83, Formerly 21V-9.061, Amended 6-28-93, Formerly 21V-9.0061, Repealed 11-10-97. 61J2-9.007 Change of Name. If a name or trade name is lawfully changed, a request for the reissuance of the license or registration shall be filed, and the license or registration shall be reissued. Rulemaking Authority 475.05 FS. Law Implemented 475.15, 475.25, 475.42, 475.125 FS. History–New 1-1-80, Formerly 21V-9.07, Amended 6-28-93, Formerly 21V-9.007.

Chapter 61J2-10 OPERATION, BUSINESS AND OFFICES

Fla. Admin. Code R. 61J2-10 OPERATION, BUSINESS AND OFFICES

CHAPTER 61J2-10 OPERATION, BUSINESS AND OFFICES 61J2-10.016 Title (Repealed) 61J2-10.017 Mortgage Releases (Repealed) 61J2-10.018 Promises to Resell (Repealed) 61J2-10.019 Lotteries (Repealed) 61J2-10.020 Free Lot Schemes (Repealed) 61J2-10.022 Office 61J2-10.023 Branch Office 61J2-10.024 Office Entrance Signs (Repealed) 61J2-10.025 Advertising 61J1-10.026 Team or Group Advertising 61J2-10.027 Use of Association Names 61J2-10.028 Kickbacks or Rebates 61J2-10.029 Advance Fee Accounting and Reporting Procedures (Repealed) 61J2-10.030 Rental Information 61J2-10.031 Time for Payment of Administrative Fines and Costs 61J2-10.032 Notice Requirements 61J2-10.033 Agency Disclosure (Repealed) 61J2-10.034 Trade Names 61J2-10.035 Sold Signs (Repealed) 61J2-10.036 Agency Disclosure (Repealed) 61J2-10.037 Transaction Broker Notice (Repealed) 61J2-10.038 Mailing Address: Place of Practice: Requirement for Notification 61J2-10.200 Buyer’s Affidavits; Form 61J2-10.016 Title. Rulemaking Authority 475.05 FS. Law Implemented 475.25 FS. History–New 1-1-80, Formerly 21V-10.16, Amended 7-20-93, Formerly 21V-10.016, Repealed 1-18-00. 61J2-10.017 Mortgage Releases. Rulemaking Authority 475.05 FS. Law Implemented 475.25 FS. History–New 1-1-80, Formerly 21V-10.17, Amended 7-20-93, Formerly 21V-10.017, Repealed 1-18-00. 61J2-10.018 Promises to Resell. Rulemaking Authority 475.05 FS. Law Implemented 475.25 FS. History–New 1-1-80, Formerly 21V-10.18, Amended 7-20-93, Formerly 21V-10.018, Repealed 1-18-00. 61J2-10.019 Lotteries. Rulemaking Authority 475.05 FS. Law Implemented 475.25 FS. History–New 1-1-80, Formerly 21V-10.19, Amended 6-28-93, Formerly 21V-10.019, Repealed 1-18-00. 61J2-10.020 Free Lot Schemes. Rulemaking Authority 475.05 FS. Law Implemented 475.25 FS. History–New 1-1-80, Formerly 21V-10.20, Amended 6-28-93, Formerly 21V-10.020, Repealed 1-18-00. 61J2-10.022 Office. The required office, pursuant to Section 475.22(1), F.S., may be in a residential location, if not contrary to local zoning ordinances, provided the minimum office requirements are met and the required broker’s sign is properly displayed, pursuant to Section 475.22(1), F.S. Sales associates must be registered from and work out of an office maintained and registered in the name of the employer. Rulemaking Authority 475.05 FS. Law Implemented 475.22 FS. History–New 1-1-80, Formerly 21V-10.22, Amended 7-20-93, Formerly 21V-10.022, Amended 12-30-97, 2-4-04, 11-5-12. 61J2-10.023 Branch Office. (1) If a broker desires to conduct business from more than one office, each additional office must be registered as a branch office, and the fee must be paid for its registration, as provided in subsection 61J2-1.011(3), F.A.C. (2) A mere temporary shelter, on a subdivision being sold by the broker, for the protection of salespersons and customers and at which transactions are not closed and salespersons are not permanently assigned, is not deemed to be a branch office. The permanence, use, and character of activities customarily conducted at the office or shelter shall determine whether it must be registered. (3) If a broker closes a branch office and, at about the same time, establishes another at a different location, the registration of the office which was closed may not be transferred. Such new location is a new branch office which must be registered and the fee paid as though the other had not been closed. Upon application to the Department, the broker may reopen the first office at any time during the license period without payment of an additional fee. Application may be made utilizing Form DBPR RE 8, Application for Branch Office, which is incorporated by reference in Department subsection 61-35.027(7), F.S. Rulemaking Authority 475.05 FS. Law Implemented 475.23, 475.24 FS. History–New 1-1-80, Formerly 21V-10.23, Amended 6-28-93, Formerly 21V-10.023, Amended 12-30-97, 12-22-20. 61J2-10.024 Office Entrance Signs. Rulemaking Authority 120.53, 475.05 FS. Law Implemented 475.22 FS. History–New 1-1-80, Amended 2-17-81, Formerly 21V-10.24, Amended 9-26-88, 10-15-91, 6-28-93, Formerly 21V-10.024, Repealed 3-15-06. 61J2-10.025 Advertising. (1) All advertising must be in a manner in which reasonable persons would know they are dealing with a real estate licensee. All real estate advertisements must include the licensed name of the brokerage firm. No real estate advertisement placed or caused to be placed by a licensee shall be fraudulent, false, deceptive or misleading. (2) When the licensee’s personal name appears in the advertisement, at the very least the licensee’s last name must be used in the manner in which it is registered with the Commission. (3)(a) When advertising on a site on the Internet, the brokerage firm name as required in subsection (1), above, shall be placed adjacent to or immediately above or below the point of contact information. “Point of contact information” refers to any means by which to contact the brokerage firm or individual licensee including mailing address(es), physical street address(es), email address(es), telephone number(s) or facsimile telephone number(s). (b) The remaining requirements of subsections (1) and (2), apply to advertising on a site on the Internet. Rulemaking Authority 475.05, 475.25(1)(c) FS. Law Implemented 475.01, 475.25(1)(c), 475.4511 FS. History–New 1-1-80, Amended 2-17-81, 3-14-85, Formerly 21V-10.25, Amended 12-29-91, 7-20-93, Formerly 21V-10.025, Amended 4-18-99, 7-4-06, 2-5-07. 61J2-10.026 Team or Group Advertising. (1) “Team or group advertising” shall mean a name or logo used by one or more real estate licensees who represent themselves to the public as a team or group. The team or group must perform licensed activities under the supervision of the same broker or brokerage. (2) Each team or group shall file with the broker a designated licensee to be responsible for ensuring that the advertising is in compliance with Chapter 475, F.S., and Division 61J2, F.A.C. (3) At least once monthly, the registered broker must maintain a current written record of each team’s or group’s members. (4) Team or group names. Real estate team or group names may include the word “team” or “group” as part of the name. Real estate team or group names shall not include the following words: (a) Agency (b) Associates (c) Brokerage (d) Brokers (e) Company (f) Corporation (g) Corp. (h) Inc. (i) LLC (j) LP, LLP or Partnership (k) Properties (l) Property (m) Real Estate (n) Realty (o) Or similar words suggesting the team or group is a separate real estate brokerage or company (5) This rule applies to all advertising. (6) In advertisements containing the team or group name, the team or group name shall not be in larger print than the name of the registered brokerage. All advertising must be in a manner in which reasonable persons would know they are dealing with a team or group. (7) Nothing in this rule shall relieve the broker of their legal obligations under Chapter 475, F.S., and Division 61J2, F.A.C. Rulemaking Authority 475.05, 475.25(1)(c) FS. Law Implemented 475.25 FS. History–New 6-18-18, Amended 7-1-19, 11-1-21. 61J2-10.027 Use of Association Names. No licensee shall use an identification or designation of any association or organization having to do with real estate unless entitled to use such identification or designation. Rulemaking Authority 475.05 FS. Law Implemented 475.25(1)(b) FS. History–New 1-1-80, Formerly 21V-10.27, Amended 7-20-93, Formerly 21V-10.027. 61J2-10.028 Kickbacks or Rebates. (1) Any real estate licensee who receives, or makes any arrangement or agreement to receive, directly or indirectly, any kickback or rebate, for the placement of, or favor in, any business transaction which forms a part of, or is incident to, any transaction(s) negotiated or handled by said licensee, is a violation of Section 475.25(1)(b) or (d), F.S., or both of said subsections of the F.S., unless prior to the time of the placement of, or favor in, said business transaction, the licensee shall have fully advised the principal if any and all affected parties in the transaction(s), which the licensee is handling, of all facts pertaining to the arrangement of kickbacks or rebates. (2) The sharing of brokerage compensation by a licensee with a party to the real estate transaction with full disclosure to all interested parties is not considered a violation of Chapter 475, Part I, F.S. Rulemaking Authority 475.05 FS. Law Implemented 475.25(1)(b), (d) FS. History–New 1-1-80, Formerly 21V-10.28, Amended 6-28-93, Formerly 21V-10.028, Amended 12-30-97. 61J2-10.029 Advance Fee Accounting and Reporting Procedures. Rulemaking Authority 475.05 FS. Law Implemented 475.452(1), (2), (3) FS. History–New 1-1-80, Formerly 21V-10.29, Amended 10-28-90, 7-20-93, Formerly 21V-10.029, Amended 11-10-97, 1-18-00, 2-4-04, Repealed 9-6-07. 61J2-10.030 Rental Information. (1) Each broker or sales associate who furnishes a rental information list to a prospective tenant for a fee paid by the tenant shall provide such prospective tenant with a written contract or receipt agreement containing the following provision in type size 10 point bold or larger: NOTICE PURSUANT TO FLORIDA LAW: If the rental information provided under this contract is not current or accurate in any material aspect, you may demand within 30 days of this contract date a return of your full fee paid. If you do not obtain a rental you are entitled to receive a return of 75% of the fee paid, if you make demand within 30 days of this contract date. (2) Each contract or receipt agreement shall be contained on one side of one page not larger than 8 1/2ꞌꞌ × 11ꞌꞌ inches. The type size of the balance of the terms of the contract shall be in a size not smaller than 8 point type. Each licensee shall furnish to the Department a copy of the current contract or receipt agreement within 30 days of use of such agreement. Rulemaking Authority 475.05, 475.453(2) FS. Law Implemented 475.453(1), (2) FS. History–New 1-1-80, Formerly 21V-10.30, Amended 6-28-93, Formerly 21V-10.030, Amended 11-20-07, 12-22-20. 61J2-10.031 Time for Payment of Administrative Fines and Costs. In cases where the Commission imposes an administrative fine and costs, if any, for violation of Chapters 455 and 475, F.S., or the rules promulgated thereunder, the fine and costs shall be paid within 30 days of the filing of the final order unless directed otherwise by the Commission. Rulemaking Authority 455.227(3)(b) FS. Law Implemented 455.227(3) FS. History–New 2-25-80, Formerly 21V-10.31, Amended 7-20-93, Formerly 21V-10.031, Amended 12-30-97. 61J2-10.032 Notice Requirements. (1)(a) A real estate broker, upon receiving conflicting demands for any trust funds being maintained in the broker’s escrow account, must provide written notification to the Commission within 15 business days of the last party’s demand and the broker must institute one of the settlement procedures as set forth in Section 475.25(1)(d)1., F.S., within 30 business days after the last demand. (b) A broker, who has a good faith doubt as to whom is entitled to any trust funds held in the broker’s escrow account, must provide written notification to the Commission within 15 business days after having such doubt and must institute one of the settlement procedures as set forth in Section 475.25(1)(d)1., F.S., within 30 business days after having such doubt. The determination of good faith doubt is based upon the facts of each case brought before the Commission. (c) If one of the parties to a failed real estate sales transaction does not respond to the broker’s inquiry as to whether that party is placing a demand on the trust funds or is willing to release them to the other party, the broker may send a certified Notice, return receipt requested to the address of record or email address of record shown with the DBPR to the non-responding party. This Notice shall include the information that a demand has been placed by the other party; that a response must be received by the seventh business day following dispatch of the Notice, as defined below; and show the contacting broker’s mailing address, phone number, and email address. A failure to respond to the Notice within seven business days will be construed as authorization for the broker to release the funds to the other party. (2)(a) If the broker has instituted a settlement procedure other than a request for an Escrow Disbursement Order, the broker shall provide written notification to the Commission within 30 business days of the receipt of the last demand or good faith doubt of the procedure instituted to resolve the matter. (b) If the broker has requested an Escrow Disbursement Order and the broker is notified in writing that no Escrow Disbursement Order will be issued, then the broker shall institute another settlement procedure and so notify the Commission within 30 business days after the broker’s receipt of such notification. (c) If the broker has requested an Escrow Disbursement Order and the dispute is subsequently settled or goes to court before the Order is issued, the broker shall notify the Commission within 10 business days of such event. (3) When a broker provides written Notice of the existence of conflicting demands for escrowed funds, the effective date of that Notice is deemed to be the date of the last dispached Notice. As used in this Rule, the term “Notice” means a notice to a non-responding party regarding a demand for release of escrow funds pursuant to paragraph (1)(c), above. As used in this Rule, the term “date of the last dispached Notice” shall mean the date the certified letter or emailed Notice is postmarked or the email send confirmation is dated. (4) A request for an Escrow Disbursement Order as a settlement procedure is deemed instituted when the completed request form is mailed or otherwise dispatched to the Commission. (5) Brokers who are entrusted with an earnest money deposit (EMD), pursuant to a residential sales contract utilized by the Department of Housing and Urban Development (HUD) in the sale of property owned by HUD, shall comply with the EMD requirements of the specific HUD contract, and are not required to follow the notice or settlement procedures of Section 475.25(1)(d)1., F.S., and subsection (1) of this rule. (6) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date. Rulemaking Authority 475.05, 475.25 FS. Law Implemented 83.49(3)(d), 475.25 FS. History–New 10-13-85, Formerly 21V-10.32, Amended 2-18-92, 12-8-92, 6-28-93, Formerly 21V-10.032, Amended 11-16-93, 6-6-94, 8-6-96, 11-10-97, 1-17-02, 12-8-20, 5-21-24. 61J2-10.033 Agency Disclosure. Rulemaking Authority 475.05, 475.25 FS. Law Implemented 475.25 FS. History–New 10-13-88, Formerly 21V-10.033, Repealed 2-20-95. 61J2-10.034 Trade Names. An individual broker, partnership or corporation may use a trade name and, if so, it must be disclosed upon the request for license, and be placed upon the registration or license. The trade name shall not be, and the Commission will refuse to issue a license containing a trade name which is the same as the real or trade name of another registrant or licensee registered or licensed with the Commission. No individual, partnership or corporation may be registered under more than one trade name. The actual name of the individual or an entity is not a trade name. Rulemaking Authority 475.05 FS. Law Implemented 475.15, 475.181, 475.42(1)(j) FS. History–New 6-28-93, Formerly 21V-10.034. 61J2-10.035 Sold Signs. Rulemaking Authority 475.05 FS. Law Implemented 475.25 FS. History–New 11-16-93, Repealed 10-1-02. 61J2-10.036 Agency Disclosure. Rulemaking Authority 475.05, 475.25 FS. Law Implemented 475.25 FS. History–New 2-20-95, Repealed 11-10-97. 61J2-10.037 Transaction Broker Notice. Rulemaking Authority 475.05, 475.25 FS. Law Implemented 475.25 FS. History–New 2-20-95, Repealed 11-10-97. 61J2-10.038 Mailing Address: Place of Practice: Requirement for Notification. (1) Pursuant to Section 455.275(1), F.S., the Commission defines “current mailing address” as the current address which is used by a licensee or permit holder to receive mail through the United States Postal Service. The Commission defines “place of practice” as the physical location of the Real Estate Brokerage office established and maintained pursuant to Section 475.22(1), F.S. (2) Each licensee and permit holder is required to notify the Department in writing of the current mailing and email address and any change in the current mailing or email address within 10 days after the change. A first time failure to comply with this requirement shall result in the issuance of a Citation; second or subsequent violations will result in disciplinary proceedings against the licensee. Rulemaking Authority 455.275(1), 475.05 FS. Law Implemented 455.275 FS. History–New 4-9-95, Amended 12-8-20, 7-18-24. 61J2-10.200 Buyer’s Affidavits; Form In order to implement sections 692.202(5)(c), 692.203(6)(c), and 692.204(6)(c), Florida Statutes, the Commission hereby establishes the following Forms of Affidavits of Buyers of Property. (1) Buyer’s Affidavits. At the time of purchase, buyers of real property shall sign an affidavit under penalty of perjury attesting to the requirements of sections 692.202-205, Florida Statutes. Such affidavits shall be signed by the buyers at the time of closing. (2) Individual buyers shall use the following Affidavit, Part III, Ch. 692 F.S. – Conveyances to Foreign Entities – By Natural Person Buyer. Affidavit [Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Natural Person Buyer] BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared_______________________________ (“Affiant”), who deposes and says under penalties of perjury that: (When used “Affiant” includes singular or plural as context so requires or admits.)

1. Affiant is purchasing or acquiring an interest in the following described real property: [Insert Legal Description] 2.Affiant has been given the opportunity to consult with an attorney. 3.Affiant is (initial which is applicable): Not a Foreign Principal as defined in s. 692.201, F.S., and is in compliance with the requirements set out in ss. 692.202-205, F.S. OR A Foreign Principal as defined in s. 692.201, F.S., and is in compliance with the requirements set out in ss. 692.202-205, F.S.
2. Affiant acknowledges the foregoing representations will be relied upon to establish compliance with the law.

---

(Affiant) Print Name:_________________________________ Address: ___________________________________ STATE OF __________________________ COUNTY OF____________________ Sworn to (or affirmed) and subscribed before me by means of [ ] physical presence or [ ] online notarization this ___ day of , 20, by_________________ who [ ] is personally known or [ ] has produced ______________ as identification.

[Notary Seal] ________________________________ Notary Public Printed Name:_____________________ My Commission Expires:____________ (3) Entity buyers shall use the following Affidavit Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Entity Buyer. Affidavit [Part III, Ch. 692 F.S. - Conveyances to Foreign Entities - By Entity Buyer] BEFORE ME, the undersigned authority, duly authorized to take acknowledgments and administer oaths, personally appeared____________________________________ (“Affiant”) who deposes and says under penalties of perjury that: (When used “Affiant” and “Buyer” include singular or plural as context so requires or admits.)

1. Affiant is the [state official capacity] of [state name/type/venue of entity], which is hereinafter referred to as “Buyer.” All statements in Lines 4 through 5 below are made solely with respect to the Buyer and any holder of a “Controlling Interest” in the Buyer (as defined in s. 287.138(1)(a), F.S.), in each case solely with respect to the real property identified in Line 2.
2. Buyer is purchasing or acquiring an interest in the following described real property: [Insert Legal Description]
3. Affiant has been given the opportunity to consult with an attorney.
4. Buyer is (initial which is applicable): Not a Foreign Principal as defined in s. 692.201, F.S., and is in compliance with the requirements set out in ss. 692.202-205, F.S. OR A Foreign Principal as defined in s. 692.201, F.S., and is in compliance with the requirements set out in ss. 692.202-205, F.S.
5. Affiant acknowledges the foregoing representations will be relied upon to establish compliance with the law.

---

(Affiant) Print Name:______________________ Official Capacity:__________________ Name of Buyer:____________________ Address:__________________________ STATE OF __________________________ COUNTY OF ________________________ Sworn to (or affirmed) and subscribed before me by means of [ ] physical presence or [ ] online notarization this ___ day of , 20, by_____________________ who [ ] is personally known or [ ] has produced ______________ as identification.

[Notary Seal] _____________________________ Notary Public Printed Name: _________________ My Commission Expires: ________ Rulemaking Authority 692.202(5)(c), 692.203(6)(c) FS. Law Implemented 692.202, 692.203 FS. History–New 1-17-24.

Chapter 61J2-14 FUNDS ENTRUSTED TO BROKERS - DEPOSITS AND ESCROWS

Fla. Admin. Code R. 61J2-14 FUNDS ENTRUSTED TO BROKERS - DEPOSITS AND ESCROWS

CHAPTER 61J2-14 FUNDS ENTRUSTED TO BROKERS ‒ DEPOSITS AND ESCROWS 61J2-14.008 Definitions 61J2-14.009 Real Estate Sales Associate 61J2-14.010 Real Estate Broker 61J2-14.011 Rights of Broker in Deposits 61J2-14.012 Broker’s Records 61J2-14.014 Interest-Bearing Escrow Accounts 61J2-14.008 Definitions. (1)(a) A “deposit” is a sum of money, or its equivalent, delivered to a real estate licensee, as earnest money, or a payment, or a part payment, in connection with any real estate transaction named or described in Section 475.01(1)(a), F.S., or for the purpose of obtaining satisfaction, release, or assignment of mortgages, or quit claim or other deeds deemed necessary or desirable in acquiring or perfecting the title to real estate, or assembling interest therein, or such sum delivered in escrow, trust or on condition, in connection with any transaction conducted, or being conducted, by such licensee within the scope of Chapter 475, F.S. (b) A deposit, as so defined, shall extend to and include not only cash, or currency, but any medium of exchange, or any securities to be converted into money, delivered for any of the purposes aforesaid, to be held or converted into cash or bank credits. A broker shall not be responsible for the payment of any check or draft, unless the broker, through culpable negligence, fails to deposit the same in the regular course of business, and the check or draft is not paid due to such culpable negligence, and damage results to some party entitled to complain of said culpable negligence. (2)(a) “Trust” or “escrow” account means an account in a bank or trust company, title company having trust powers, credit union, or a savings and loan association within the State of Florida. Only funds described in this rule shall be deposited in trust or escrow accounts. No personal funds of any licensee shall be deposited or intermingled with any funds being held in escrow, trust or on condition except as provided in subsection 61J2-14.010(2), F.A.C. (b) When a deposit is placed or to be placed with a title company or an attorney, the licensee who prepared or presented the sales contract (“Licensee”), shall indicate on that contract the name, address, and telephone number of such title company or attorney. Within ten (10) business days after each deposit is due under the sales contract, the Licensee’s broker shall make written request to the title company or attorney to provide written verification of receipt of the deposit, unless the deposit is held by a title company or by an attorney nominated in writing by a seller or seller’s agent. Within ten (10) business days of the date the Licensee’s broker made the written request for verification of the deposit, the Licensee’s broker shall provide Seller’s broker with either a copy of the written verification, or, if no verification is received by Licensee’s broker, written notice that Licensee’s broker did not receive verification of the deposit. If Seller is not represented by a broker, then Licensee’s broker shall notify the Seller directly in the same manner indicated herein. (3) “Immediately” means the placement of a deposit in an escrow account no later than the end of the third business day following receipt of the item to be deposited. Saturdays, Sundays and legal holidays shall not be considered as business days. Rulemaking Authority 475.05, 475.25(1)(k) FS. Law Implemented 475.25(1)(k) FS. History–New 1-1-80, Formerly 21V-14.08, Amended 10-13-88, 12-29-91, 7-20-93, Formerly 21V-14.008, Amended 7-5-95, 7-4-06, 12-6-07, 6-21-10. 61J2-14.009 Real Estate Sales Associate. Every sales associate who receives any deposit, as defined in Rule 61J2-14.008, F.A.C., shall deliver the same to the broker or employer no later than the end of the next business day following receipt of the item to be deposited. Saturday, Sundays and legal holidays shall not be construed as business days. Receipt by a sales associate or any other representative of the brokerage firm constitutes receipt by the broker for purposes of paragraph 61J2-14.008(3), F.A.C. Rulemaking Authority 475.05 FS. Law Implemented 475.25(1)(k) FS. History–New 1-1-80, Formerly 21V-14.09, Amended 7-20-93, Formerly 21V-14.009, Amended 7-5-95, 11-10-97, 2-5-04. 61J2-14.010 Real Estate Broker. (1) Every broker who receives from sales associates, principals, prospects, or other persons interested in any real estate transaction, any deposit, fund, money, check, draft, personal property, or item of value shall immediately place the same in a bank, savings and loan association, trust company, credit union or title company having trust powers, in an insured escrow or trust account. The broker must be a signatory on all escrow accounts. If the brokerage entity has more than one broker licensee, then one broker licensee may be designated as the signatory. If the deposit is in securities, intended by the depositor to be converted into cash, the conversion shall be made at the earliest practical time, and the proceeds shall be immediately deposited in said account. (2) A broker may place and maintain up to $1,000 of personal or brokerage funds per each sales escrow account. A broker may place and maintain up to $5,000 of personal or brokerage funds per each property management escrow account. Personal or brokerage funds in any escrow account shall not exceed $5,000 per account. A broker shall be provided a reasonable amount of time to correct escrow errors if there is no shortage of funds and such errors pose no significant threat to economically harm the public. For purposes of this subsection, reasonable amount of time shall be defined as 30 days from the date the last reconciliation statement was performed or should have been performed. Rulemaking Authority 475.05 FS. Law Implemented 475.25(1)(d)1., (k) FS. History–New 1-1-80, Formerly 21V-14.10, Amended 2-17-86, 10-13-88, 12-29-91, 6-28-93, Formerly 21V-14.010, Amended 2-5-04. 61J2-14.011 Rights of Broker in Deposits. A broker who receives a deposit shall not have any right to or lien upon said deposit, except upon the written agreement or order of the depositor so long as the depositor or depositor’s legal representative has sole control of said deposit, until the transaction involved has been closed, and no person has any claim except the party ultimately to receive the same, in which case the broker may deduct the agreed commission unless the amount or time of payment is disputed. In case of a dispute as to the amount of the commission, or the time of payment, the broker may retain only the amount of the claim in said account and in trust, until the dispute is settled by agreement, arbitration, mediation or court proceedings, as provided in Section 475.25(1)(d)1., F.S. A depositor has the right to demand return of a deposit until such time as another party has acquired some interest or equity, subject to the right to make an express agreement to compensate the broker for time and expense incurred prior to a demand for the return of the deposit; and such right to demand return of the deposit shall again accrue upon a breach by the other party to the contract or agreement under which it is held, or the expiration of the time fixed or a reasonable time, for performance of the things necessary to establish the exclusive right of such other party to said deposit. A broker shall not deliver the deposit to the other party to the transaction until such transaction is closed, except as otherwise directed or agreed to specifically by the depositor. The interested parties involved, other than the broker, may by express agreement, alter the disposal of the deposit, but the burden shall be on the broker to establish good faith in the matter if such agreement is to the broker’s advantage. The broker shall recognize and comply with the joint directions of said parties in such cases, except where the parties act in bad faith with intent to deprive the broker of a commission, in which case the broker shall proceed as provided in Section 475.25(1)(d)1., F.S. Rulemaking Authority 475.05 FS. Law Implemented 475.25(1)(d)1., (k) FS. History–New 1-1-80, Formerly 21V-14.11, Amended 6-28-93, Formerly 21V-14.011, Amended 2-5-04. 61J2-14.012 Broker’s Records. (1) A broker who receives a deposit as previously defined shall preserve and make available to the BPR, or its authorized representative, all deposit slips and statements of account rendered by the depository in which said deposit is placed, together with all agreements between the parties to the transaction. In addition, the broker shall keep an accurate account of each deposit transaction and each separate bank account wherein such funds have been deposited. All such books and accounts shall be subject to inspection by the DBPR or its authorized representatives at all reasonable times during regular business hours. (2) Once monthly, a broker shall cause to be made a written statement comparing the broker’s total liability with the reconciled bank balance(s) of all trust accounts. The broker’s trust liability is defined as the sum total of all deposits received, pending and being held by the broker at any point in time. The minimum information to be included in the monthly statement-reconciliation shall be the date the reconciliation was undertaken, the date used to reconcile the balances, the name of the bank(s), the name(s) of the account(s), the account number(s), the account balance(s) and date(s), deposits in transit, outstanding checks identified by date and check number, an itemized list of the broker’s trust liability, and any other items necessary to reconcile the bank account balance(s) with the balance per the broker’s checkbook(s) and other trust account books and records disclosing the date of receipt and the source of the funds. The broker shall review, sign and date the monthly statement-reconciliation. (3) Whenever the trust liability and the bank balances do not agree, the reconciliation shall contain a description or explanation for the difference(s) and any corrective action taken in reference to shortages or overages of funds in the account(s). Whenever a trust bank account record reflects a service charge or fee for a non-sufficient check being returned or whenever an account has a negative balance, the reconciliation shall disclose the cause(s) of the returned check or negative balance and the corrective action taken. Rulemaking Authority 475.05 FS. Law Implemented 475.25(1)(d)1., (k), 475.5015 FS. History–New 1-1-80, Formerly 21V-14.12, Amended 10-13-88, 7-19-89, 1-13-91, 6-28-93, Formerly 21V-14.012, Amended 11-10-97. 61J2-14.014 Interest-Bearing Escrow Accounts. (1) A broker is allowed to place escrow funds in an interest-bearing account. The placement of escrow monies in an interest-bearing account, designation of the party who is to receive the interest, and the time the earned interest must be disbursed, must be done with the written permission of all the parties to the transaction. Said escrow account must be in an insured account in a depository located and doing business in Florida. (2) In order to disburse principal and interest to the designated party at the time agreed, the broker must first transfer said principal and interest to a non-interest-bearing escrow account before disbursement. In the event the broker is designated by all parties to receive the interest, only the principal is to be transferred to the non-interest-bearing escrow account for further disbursement. The interest is to be transferred directly to the broker’s operating account. (3) As an alternative to subsection (2), above, the broker may establish an individual interest-bearing escrow account for a specific transaction or sum of money. On the date agreed upon for disbursement of the principal and interest, the broker shall close the account with checks issued to the appropriate person(s) or business entity(ies) for the principal and interest. Rulemaking Authority 475.05 FS. Law Implemented 475.25(1)(k) FS. History–New 9-17-81, Formerly 21V-14.14, Amended 10-13-88, 4-16-91, 2-18-92, 11-8-92, 6-28-93, Formerly 21V-14.014.

Chapter 61J2-17 REAL ESTATE SCHOOL ADMINISTRATIVE PROCEDURES AND REGULATIONS

Fla. Admin. Code R. 61J2-17 REAL ESTATE SCHOOL ADMINISTRATIVE PROCEDURES AND REGULATIONS

CHAPTER 61J2-17 REAL ESTATE SCHOOL ADMINISTRATIVE PROCEDURES AND REGULATIONS 61J2-17.009 Minimum Standard for Prelicense Course of Study (Repealed) 61J2-17.011 School Instructor and Permit Holder Requirements and Qualifications 61J2-17.012 School Records; Class Rosters (Repealed) 61J2-17.013 Interpretation of Particular Phrases 61J2-17.014 Guest Lecturers 61J2-17.015 Required Communication by School Permit Holders 61J2-17.016 Renewal of Instructor Permits 61J2-17.009 Minimum Standard for Prelicense Course of Study. Rulemaking Authority 475.04, 475.05 FS. Law Implemented 475.451 FS. History–New 1-1-80, Formerly 21V-17.09, Amended 6-28-93, Formerly 21V-17.009, Amended 11-24-97, Repealed 12-26-17. 61J2-17.011 School Instructor and Permit Holder Requirements and Qualifications. (1) A person shall qualify for an instructor’s permit by meeting the qualifications for practice set forth in Section 475.451(2)(b)1., F.S. “Extensive real estate experience” shall be defined as a minimum of three years of full-time experience as a broker. This experience must include having participated in closing at least five real estate transactions as a licensee, or as the employing broker of licensees, for either party to the transaction, within the 12-month period immediately preceding the filing of an instructor’s application. (2) A person shall qualify to be a school permit holder by meeting the qualifications for practice set forth in Section 475.25(2)(a), F.S. The licensee must be a holder of a Florida Broker’s license in order to satisfy the Broker license requirement in Section 475.25(2)(a), F.S. Rulemaking Authority 475.05, 475.451(2)(b)1.b. FS. Law Implemented 475.451 FS. History–New 10-13-88, Amended 1-13-91, 8-19-91, 6-28-93, Formerly 21V-17.011, Amended 11-24-97, 1-1-23. 61J2-17.012 School Records; Class Rosters. Rulemaking Authority 455.2123, 475.05 FS. Law Implemented 455.2123, 475.04, 475.17, 475.175, 475.451, 475.5015 FS. History–New 2-25-93, Formerly 21V-17.012, Amended 11-24-97, 10-15-00, Repealed 10-3-02. 61J2-17.013 Interpretation of Particular Phrases. Whenever used, the phrases set forth shall be construed as follows: (1) “To guarantee that its pupils will pass any examinations required for licensure” as prohibited by Section 475.451(3), F.S., and shall be construed to include, but without limitation, any representation, agreement, promise or understanding whereby a person enrolled in any school or course is to receive any refund of money or other thing of value if such person should fail the examination offered by the Department. (2) “Each person, school, or institution” used in Section 475.451(1), F.S., is construed to include only one address or location; and a person, school or institution, offering or conducting a course at more than one address or location, must obtain a permit for each address or location. Rulemaking Authority 475.05 FS. Law Implemented 475.451 FS. History–New 6-28-93, Formerly 21V-17.013, Amended 6-30-22. 61J2-17.014 Guest Lecturers. Guest lecturers may be used by a real estate school offering Commission prescribed or approved equivalent courses so long as: (1) Guest lecturers provide no more than 20% of the total course; (2) An instructor licensed with such school is available on the premises. Rulemaking Authority 475.05 FS. Law Implemented 475.451(1), (2)(a), (6) FS. History–New 6-28-93, Formerly 21V-17.014, Amended 6-30-22. 61J2-17.015 Required Communication by School Permit Holders. (1) No real estate school, permit holder or instructor shall recruit for employment opportunities for any real estate brokerage firm during instructional time. (2) Each school permit holder must post in every classroom and administrative area, and read at the beginning of each course, the following statement: “Recruiting for employment opportunities for any real estate brokerage firm must be accomplished outside the prescribed instructional time. Noncompliance should be reported to the Commission.” (3) No later than December 31, 2026, the Commission shall review and consider amendment, modification, or repeal of this rule if review determines this rule creates barriers to entry for private business competition, is duplicative, outdated, obsolete, overly burdensome, or imposes excessive costs. Failure by the Commission to act in accordance with this provision will result in the expiration of this rule on December 31, 2026. Rulemaking Authority 475.05 FS. Law Implemented 475.451(1), (2)(a), (c) FS. History–New 6-28-93, Formerly 21V-17.015, Amended 11-3-21. 61J2-17.016 Renewal of Instructor Permits. (1) An instructor permit shall be renewed on a biennial basis. The schedule for biennial renewal shall be as established in Rule 61-6.001, F.A.C. (2) Any permit which is not renewed at the end of the permit period established in Rule 61-6.001, F.A.C., shall automatically revert to involuntarily inactive status pursuant to Section 475.451(2)(b)3., F.S. (3) An involuntarily inactive instructor permit holder must complete the following in order to obtain an active permit: (a) Successfully complete the continuing education requirements of Rule 61J2-3.011, F.A.C. (b) Pay the required fee pursuant to subsection 61J2-1.011(4), F.A.C. (c) Pay the late fee pursuant to paragraph 61J2-1.011(8)(b), F.A.C. (4) Any permit which has been involuntarily inactive for 2 years shall automatically expire pursuant to Section 475.183(2), F.S. Once a permit expires, it becomes null and void without any further action by the Commission or Department of Business and Professional Regulation. Rulemaking Authority 475.05, 475.451 FS. Law Implemented 475.451 FS. History–New 10-25-98, Amended 6-30-22.

Chapter 61J2-20 RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION

Fla. Admin. Code R. 61J2-20 RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION

CHAPTER 61J2-20 RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION 61J2-20.009 Probable Cause Panel 61J2-20.040 Membership 61J2-20.042 Chairperson (Repealed) 61J2-20.047 Official Records (Repealed) 61J2-20.048 Principal Office 61J2-20.049 Commission Member Compensation 61J2-20.051 Authorized Signatures on Final Orders 61J2-20.052 Designation of Official Reporter 61J2-20.054 Public Comment 61J2-20.009 Probable Cause Panel. A probable cause panel shall determine if probable cause exists that a licensee, registrant, a permit holder, or the subject of the investigation violated chapter 475, part I, F.S., or any of the Commission’s rules. A probable cause panel shall consist of at least one present member of the Commission. As provided in section 455.225(4), F.S., one of the panel members may be a former member of the Commission. Rulemaking Authority 475.05 FS. Law Implemented 455.225 FS. History–New 11-21-79, Amended 3-15-82, 11-16-83, Formerly 21V-20.09, Amended 6-28-93, Formerly 21V-20.009, Amended 11-8-12. 61J2-20.040 Membership. (1) The Florida Real Estate Commission, created by chapter 475, part I, F.S., is a regulatory agency and performs its functions pursuant to chapter 475, part I, F.S., and such other functions as may be delegated by law. The Commission's membership as set forth in chapter 475, part I, F.S., shall consist of 7 members who shall elect from the members a chairperson and vice chairperson. (2) Three consecutive unexcused absences or absences constituting 50 percent or more of the Commission’s meetings within any 12-month period shall cause the membership in question to become void, and the position shall be considered vacant. An unexcused absence is one where no advance notice of an absence is given to the chairperson, vice chairperson or Director of the Division or, if there is advance notice of an absence, no explanation of the absence is given. Rulemaking Authority 475.05 FS. Law Implemented 455.207(3), 475.02 FS. History–New 1-1-80, Formerly 21V-20.40, Amended 11-8-92, 7-20-93, Formerly 21V-20.040. 61J2-20.042 Chairperson. Rulemaking Authority 475.05 FS. Law Implemented 120.53, 455.207 FS. History–New 1-1-80, Formerly 21V-20.42, Amended 6-28-93, Formerly 21V-20.042, Repealed 9-6-07. 61J2-20.047 Official Records. Rulemaking Authority 475.05 FS. Law Implemented 120.53, 475.021 FS. History–New 1-1-80, Formerly 21V-20.47, Amended 6-28-93, Formerly 21V-20.047, Amended 11-10-97, Repealed 10-7-12. 61J2-20.048 Principal Office. The principal office of the Commission shall be located at 400 West Robinson Street, Orlando, Florida 32801-1757. The Commission may also be contacted through the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0796. Rulemaking Authority 475.05 FS. Law Implemented 455.205 FS. History–New 1-1-80, Formerly 21V-20.48, Amended 7-20-93, Formerly 21V-20.048. 61J2-20.049 Commission Member Compensation. Unless otherwise provided by law, a Commission member shall be compensated $50.00 for each day in attendance at an official meeting of the Commission, including Probable Cause Panel Meetings, and for each day the member participates in any other business involving the Commission. “Other business involving the Commission” shall be defined as: (1) Attendance at instructors’ seminars sponsored by the Commission. (2) Appearances before a legislative committee, upon direction of the chairperson of the Commission or the chairperson of the Committee. (3) Attendance at a meeting with the staff or contractors of the DBPR at the request of the Secretary of the DBPR or the Division Director. (4) Attendance at a conference or trade association meeting in the capacity of a member of the Commission. (5) Attendance at the Great American Realtor Days in Tallahassee in the capacity of a member of the Commission regarding legislation being promoted by the Commission. Rulemaking Authority 475.05 FS. Law Implemented 455.207(4) FS. History–New 9-17-81, Amended 10-19-83, Formerly 21V-20.49, Amended 10-15-91, 7-20-93, Formerly 21V-20.049, Amended 6-5-96, 12-24-17. 61J2-20.051 Authorized Signatures on Final Orders. A Final Order of the Commission may be signed by either the chairperson or vice chairperson of the Commission or the Division Director. Serving on a probable cause panel does not preclude the chairperson or the vice chairperson from signing a Final Order of the Commission. Rulemaking Authority 475.05 FS. Law Implemented 455.225(6), 475.03(1), 475.10 FS. History–New 5-22-83, Formerly 21V-20.51, Amended 6-28-93, Formerly 21V-20.051. 61J2-20.052 Designation of Official Reporter. (1) The Commission designates the Department of Business and Professional Regulation (DBPR) as its official reporter for the purpose of publishing and indexing by subject matter, after a proceeding has been held, all orders rendered which affect substantial interests. (2) The DBPR maintains and stores such orders in the offices of the agency clerk at the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1000. The agency clerk’s office is open to the public between the hours of 9:00 a.m. and 4:00 p.m., excluding holidays and weekends. Rulemaking Authority 475.05 FS. Law Implemented 475.021(1) FS. History–New 8-23-93, Amended 4-19-94, 12-24-17. 61J2-20.054 Public Comment. The Florida Real Estate Commission invites and encourages all members of the public to provide comment on matters or propositions before the Commission or a committee of the Commission. The opportunity to provide comment shall be subject to the following: (1) Members of the public will be given an opportunity to provide comment on subject matters before the Commission after an agenda item is introduced at a properly noticed Commission meeting. (2) Members of the public shall be limited to three (3) minutes to provide comment. This time shall not include time spent by the presenter responding to questions posed by Commission members, staff or Commission counsel. The chair of the Commission may extend the time to provide comment if time permits. (3) Members of the public shall notify Commission staff in writing of their interest to be heard on a proposition or matter before the Commission. The notification shall identify the person or entity, indicate its support, opposition, or neutrality, and identify who will speak on behalf of a group or faction of persons. Rulemaking Authority 286.0114 FS. Law Implemented 286.0114 FS. History‒New 8-3-14.

Chapter 61J2-23 TIME-SHARE SALES

Fla. Admin. Code R. 61J2-23 TIME-SHARE SALES

CHAPTER 61J2-23 TIME-SHARE SALES 61J2-23.001 Time-share Resale Listing Agreement Disclosures 61J2-23.002 Time-share Resale Contract Disclosures 61J2-23.001 Time-share Resale Listing Agreement Disclosures. Pursuant to section 475.42(1)(m), F.S., it shall be a violation of chapter 475, F.S., for any broker or salesperson to enter into any agreement with any person engaging the services of the broker in connection with the resale of a time-share period unless the agreement complies in all respects with the following provisions. (1) In addition to all other requirements of and obligations under chapter 475, F.S., all agreements engaging the services of a broker in connection with the resale of a time-share period shall contain all of the following: (a) The following statement in conspicuous type located immediately prior to the space in the agreement reserved for the signature of the owner of the time-share period: THERE IS NO GUARANTEE THAT YOUR TIME-SHARE PERIOD CAN BE SOLD AT ANY PARTICULAR PRICE OR WITHIN ANY PARTICULAR PERIOD OF TIME. Any written advertising material utilized by a broker or salesperson in connection with the solicitation of a listing agreement for the resale of a time-share period must also contain this statement in conspicuous type. (b) A complete and clear disclosure of any fees, commissions, and other costs or compensation payable to or received by the broker under the agreement, whether directly or indirectly. (c) The term of the agreement; a statement regarding the ability of any party to extend the term of the agreement; and a description of the conditions under which the agreement may be extended and all related costs. (d) A description of the services to be provided by the broker under the agreement, and a description of the obligations of each party regarding a resale purchase, including any costs to be borne and any obligations regarding notification of the managing entity of the time-share plan and any exchange company. (e) A statement disclosing whether the agreement grants exclusive rights to the broker to locate a purchaser during the term of the agreement; a statement disclosing to whom and when any proceeds from a sale of the time-share period will be disbursed; a statement whether any party may terminate the agreement and under what conditions; and a statement disclosing the amount of any commission or other compensation due to the broker from any party upon a termination of the agreement prior to the closing of the resale. (f) A statement disclosing whether the agreement permits the broker or any other person to make any use whatsoever of the time-share period in question and a detailed description of any such permitted use rights, including a disclosure of to whom any rents or profits generated from such use of the time-share period will be paid. (g) A statement disclosing the existence of any judgments or pending litigation against the broker resulting from or alleging a violation by the broker of chapters 475, 718 or 721, F.S., or resulting from or alleging consumer fraud on the part of the broker. (2) All agreements described in subsection (1), must be reduced to writing, and the person engaging the services of the broker must receive a fully executed copy of the written agreement on the day he signs it. If the agreement is initially entered into by telephone or by any other oral means, the broker must make all of the disclosures required by subsection (1), to the person engaging his services prior to accepting anything of value from such person. In any event, a written agreement executed by the broker must be presented for signature to the person engaging his services within 10 days after the date the agreement was initially orally entered into. Rulemaking Authority 475.05, 475.42 FS. Law Implemented 475.42 FS. History–New 10-25-89, Formerly 21V-23.001, Amended 2-21-10. 61J2-23.002 Time-share Resale Contract Disclosures. (1) Pursuant to section 475.42(1)(m), F.S., it shall be a violation of chapter 475, F.S., for any broker or salesperson to utilize any form of contract or purchase and sale agreement in connection with the resale of a time-share period unless the contract or purchase and sale agreement complies in all respects with the following provisions. (2) All forms of contract or purchase and sale agreement utilized by a broker or salesperson in connection with the resale of a time-share period shall contain all of the following: (a) An explanation of the form of time-share ownership being purchased and a legally sufficient description of the time-share period being purchased. (b) The name and address of the managing entity of the time-share plan. (c) The following statement in at least 10-point, capitalized type located immediately prior to the space in the contract reserved for the signature of the purchaser: THE CURRENT YEAR’S ASSESSMENT FOR COMMON EXPENSES ALLOCABLE TO THE TIME-SHARE PERIOD YOU ARE PURCHASING IS ___. THIS ASSESSMENT, WHICH MAY BE INCREASED FROM TIME TO TIME BY THE MANAGING ENTITY OF THE TIME-SHARE PLAN, IS PAYABLE IN FULL EACH YEAR ON OR BEFORE ___. THIS ASSESSMENT (INCLUDES/DOES NOT INCLUDE) YEARLY AD VALOREM REAL ESTATE TAXES, WHICH (ARE/ARE NOT) BILLED AND COLLECTED SEPARATELY. (If ad valorem real property taxes are not included in the current year’s assessment for common expenses, the following statement must be included: THE MOST RECENT ANNUAL ASSESSMENT FOR AD VALOREM REAL ESTATE TAXES FOR THE TIME-SHARE PERIOD YOU ARE PURCHASING IS ___.) EACH OWNER IS PERSONALLY LIABLE FOR THE PAYMENT OF HIS ASSESSMENTS FOR COMMON EXPENSES, AND FAILURE TO TIMELY PAY THESE ASSESSMENTS MAY RESULT IN RESTRICTION OR LOSS OF YOUR USE AND/OR OWNERSHIP RIGHTS. In making the disclosures required by this paragraph, the broker may rely upon information provided in writing by the managing entity of the time-share plan. (d) The disclosure required by section 721.06(1)(h), F.S., if applicable. (e) A complete and accurate disclosure of the terms and conditions of the purchase and closing, including the obligations of the seller and/or the purchaser for closing costs and title insurance. (f) A statement disclosing the existence of any mandatory exchange program membership included in the time-share plan. Rulemaking Authority 475.05, 475.42 FS. Law Implemented 475.42 FS. History–New 10-25-89, Formerly 21V-23.002.

Chapter 61J2-24 DISCIPLINARY MATTERS

Fla. Admin. Code R. 61J2-24 DISCIPLINARY MATTERS

CHAPTER 61J2-24 DISCIPLINARY MATTERS 61J2-24.001 Disciplinary Guidelines 61J2-24.002 Citation Authority 61J2-24.003 Notification of Noncompliance 61J2-24.004 Mediation 61J2-24.005 Revocation (Repealed) 61J2-24.006 Probation 61J2-24.001 Disciplinary Guidelines. (1) Pursuant to Section 455.2273, F.S., the Commission sets forth below a range of disciplinary guidelines from which disciplinary penalties will be imposed upon licensees guilty of violating Chapters 455 or 475, F.S., or Title 61J2, F.A.C. The purpose of the disciplinary guidelines is to give notice to licensees of the range of penalties which normally will be imposed for each count during a formal or an informal hearing. For purposes of this rule, the order of penalties, ranging from lowest to highest, is: letter of concern, reprimand, fine, probation, suspension, and revocation or denial or application. Pursuant to Section 475.25(1), F.S., combinations of these penalties are permissible by law. Nothing in this rule shall preclude any discipline imposed upon a licensee pursuant to a stipulation or settlement agreement, nor shall the range of penalties set forth in this rule preclude the Probable Cause Panel from issuing a letter of guidance. (2) As provided in Section 475.25(1), F.S., the Commission may, in addition to other disciplinary penalties, place a licensee on probation. The placement of the licensee on probation shall be for such a period of time and subject to such conditions as the Commission may specify. Standard probationary conditions, as further ennumerated in Rule 61J2-24.006, F.A.C. Probation, may include, but are not limited to, requiring the licensee: to attend pre-licensure courses; to satisfactorily complete a pre-licensure course; to attend post-licensure courses; to satisfactorily complete a post-licensure course; to attend continuing education courses; to submit to and successfully complete the state-administered examination; to be subject to periodic inspections and interviews by a DBPR investigator; if a broker, to place the license on a broker associate status; or, if a broker, to file escrow account status reports with the Commission or with a DBPR investigator at such intervals as may be prescribed. (3) The penalties are as listed unless aggravating or mitigating circumstances apply pursuant to subsection (4). The verbal identification of offenses is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

PENALTY RANGE

VIOLATION FIRST VIOLATION SECOND AND SUBSEQUENT VIOLATIONS

(a) Section 475.22, F.S. Broker fails to maintain office or sign at entrance of office (a) Reprimand and $500 administrative fine to 3-month suspension and $1,000 fine (a) 90-day suspension and $1,000 administrative fine to 1 year suspension and $2,000 fine

(b) Section 475.24, F.S. Failure to register a branch office (b) Reprimand and $500 administrative fine to 3-month suspension and $1,000 fine (b) 90-day suspension and $1,000 administrative fine to 1 year suspension and $2,000 fine

(c) Section 475.25(1)(b), F.S. Section 455.227(1)(a), F.S.

1. Fraud, misrepresentation, and dishonest dealing

2. $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and revocation

3. $5,000 administrative fine and 6 month suspension to $5,000 administrative fine and revocation

4. Concealment, false promises, false pretenses by trick, scheme or device

5. $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and revocation

6. $5,000 administrative fine and 6 month suspension to $5,000 administrative fine and revocation

7. Culpable negligence or breach of trust

8. $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and revocation

9. $5,000 administrative fine and 6 month suspension to $5,000 administrative fine and revocation

10. Violating a duty imposed by law or by the terms of a listing agreement

11. $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and revocation

12. $5,000 administrative fine and 6 month suspension to $5,000 administrative fine and revocation

13. Aided, assisted or conspired with another; or formed an intent, design or scheme to engage in such misconduct and committed an overt act in furtherance of such intent, design or scheme

14. $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and revocation

15. $5,000 administrative fine and 6 month suspension to $5,000 administrative fine and revocation

(d) Section 475.25(1)(c), F.S. False, deceptive or misleading advertising (d) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension (d) $2,500 to $5,000 administrative fine and 90-day suspension to 5,000 administrative fine and revocation

(e) Subparagraph 475.25(1)(d)1., F.S. Failed to account or deliver to any person as required by agreement or law, escrowed property (e) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension (e) $2,000 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

(f) Subparagraph 275.25(1)(d)2., F.S., Failed to deposit money into escrow account when licensee is purchaser and contact required deposit into escrow (f) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension (f) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

(g) Section 475.25(1)(e) or 455.227(1)(b) or (1)(q), F.S. Violated any rule or order or provision under Chapters 475 and 455, F.S., or failed to comply with a lawfully issued subpoena (g) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension (g) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

1. No intent demonstrated

2. $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension

3. $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

4. Intentionally violating or failing to comply

5. $2,500 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

6. $5,000 administrative fine and 2-year suspension to $5,000 fine and permanent revocation

(h) Section 475.25(1)(f) or 455.227(1)(c), F.S. Convicted or found guilty of a crime related to real estate or involving moral turpitude or fraudulent or dishonest dealing (h) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation (h) $2,500 to $5,000 administrative fine and 6 month suspension to $5,000 administrative fine and revocation

(i) Section 475.25(1)(g) or 455.227(1)(f), F.S. Has license disciplined or acted against or an application denied by another jurisdiction (i) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation (i) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(j) Section 475.25(1)(h), F.S. Has shared a commission with or paid a fee to a person not properly licensed under Chapter 475, F.S. (j) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation (j) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(k) Section 475.25(1)(i), F.S. Impairment by drunkenness, or use of drugs or temporary mental derangement (k) Suspension for the period of incapacity, with reinstatement upon showing of ability to practice with reasonable safety to reinstatement on showing of ability to practice with reasonable safety and 1 year probation (k) Suspension for the period of incapacity with reinstatement upon showing of ability to practice with reasonable safety to reinstatement on showing of ability to practice with reasonable safety and 1 year probation to revocation

(l) Section 475.25(1)(j), F.S. Rendered an opinion that the title to property sold is good or merchantable when not based on opinion of a licensed attorney or has failed to advise prospective buyer to consult an attorney on the merchantability of title or to obtain title insurance (l) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation (l) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(m) Section 475.25(l)(k), F.S. Has failed, if a broker, to deposit any money in an escrow account immediately upon receipt until disbursement is properly authorized. Has failed, if a sales associate, to place any money to be escrowed with his registered employer (m) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation (m) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(n) Section 475.25(1)(l) or 455.227(1)(f), F.S. Has made or filed a report or record which the licensee knows to be false or willfully failed to file a report or record or willfully impeded such filing as required by State or Federal Law (n) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and revocation (n) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(o) Section 475.25(1)(m) or 455.227(1)(h), F.S. Obtained a license by fraud, misrepresentation, concealment, bribery, or through error of Commission or Department (o) $1,000 administrative fine and revocation with ability to reapply for subsequent licensure (o) $5,000 administrative fine and permanent revocation

(p) Section 475.25(1)(n), F.S. Confined in jail, prison or mental institution; or through mental disease can no longer practice with skill and safety (p) Suspension until released from facility and demonstration of ability to practice with reasonable safety, followed by 1 year probation (p) Suspension while in facility and for two years following release; reinstatement upon demonstration of ability to practice with reasonable safety and three years; probation to revocation

(q) Section 475.25(1)(o), F.S. Guilty for the second time of misconduct in the practice of real estate that demonstrates incompetent, dishonest or negligent dealings with investors (q) $5,000 administrative fine and a 1 year suspension to $5,000 administrative fine and revocation (q) $5,000 administrative fine and permanent revocation

(r) Section 475.25(1)(p), F.S. Failed to give Commission 30 day written notice after a guilty or nolo contendere plea or convicted of any felony (r) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (r) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(s) Section 475.25(1)(r), F.S. Failed to follow the requirements of a written listing agreement (s) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (s) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(t) Section 475.25(1)(s), F.S. Has had a registration suspended, revoked or otherwise acted against in any jurisdiction (t) $250 to $1,000 administrative fine and 60-day suspension to revocation (t) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(u) Section 475.25(1)(t), F.S. Violated the Uniform Standards of Professional Appraisal Practice as defined in Section 475.611, F.S. (u) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (u) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(v) Section 475.25(1)(u), F.S. Has failed, if a broker, to direct, control, or manage a broker associate or sales associate employed by such broker (v) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (v) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(w) Section 475.25(1)(v), F.S. Has failed, if a broker, to review the brokerage’s trust accounting procedures in order to ensure compliance with this chapter (w) $1,000 to $2,500 administrative fine and 90-day suspension to revocation (w) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(x) Section 475.42(1)(a), F.S. Practice without a valid and current license (x) $1,000 to $2,500 administrative fine and 90-day suspension to revocation (x) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(y) Section 475.42(1)(b), F.S. Practicing beyond scope as a sales associate (y) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (y) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(z) Section 475.42(1)(c), F.S. Broker employs a sales associate who is not the holder of a valid and current license (z) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (z) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(aa) Section 475.42(1)(d), F.S. A sales associate shall not collect any money in connection with any real estate brokerage transaction except in the name of the employer (aa) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (aa) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(bb) Section 475.42(1)(f), F.S. Makes false affidavit or affirmation or false testimony before the Commission (bb) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (bb) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(cc) Section 475.42(1)(g), F.S. Fails to comply with subpoena (cc) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (cc) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(dd) Section 475.42(1)(h) or 455.227(1)(r), F.S. Obstructs or hinders the enforcement of Chapter 475, F.S. or improperly interfering with investigation or inspection or disciplinary proceeding (dd) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (dd) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(ee) Section 475.42(1)(i), F.S. No broker or sales associate shall place upon the public records any false, void or unauthorized information that affects the title or encumbers any real property (ee) $2,500 administrative fine and 30-day suspension to $5,000 administrative fine and 2-year suspension (ee) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(ff) Section 475.42(1)(j), F.S. Failed to register trade name with the Commission (ff) $1,000 administrative fine (ff) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(gg) Section 475.42(1)(k) or 455.227(1)(i), F.S. No person shall knowingly conceal information relating to violations of Chapter 475, F.S. or failing to report violations to the Department (gg) $1,000 administrative fine and 90-day suspension (gg) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(hh) Section 475.42(1)(l), F.S. Fails to have a current license as a broker or sales associate while listing or selling one or more timeshare periods per year (hh) $1,000 administrative fine and 90-day suspension (hh) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(ii) Section 475.42(1)(m), F.S. Licensee fails to disclose all material aspects of the resale of timeshare period or timeshare plan and the rights and obligations of both buyer or seller (ii) $1,000 administrative fine and 90-day suspension (ii) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(jj) Section 475.42(1)(n), F.S. Publication of false or misleading information; promotion of sales, leases and rentals (jj) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (jj) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(kk) Section 475.451, F.S. School teaching real estate practice fails to obtain a permit from the department and does not abide by regulations of Chapter 475, F.S., and rules adopted by the Commission (kk) $1,000 administrative fine and 90-day suspension (kk) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(ll) Section 475.453, F.S. Broker or sales associate participates in any rental information transaction that fails to follow the guidelines adopted by the Commission and Chapter 475, F.S. (ll) $1,000 administrative fine and 90-day suspension (ll) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

(mm) Section 475.5015, F.S. Failure to keep and make available to the department such books, accounts, and records as will enable the department to determine whether the broker is in compliance with the provisions of Chapter 475, F.S. (mm) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (mm) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

(nn) Section 475.2755, F.S., Failure to require required designated sales associate disclosure notice (nn) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension (nn) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

(oo) Section 475.278(1)(a), F.S.

1. Section 475.278(1)(b), F.S. Failure to establish a single brokerage or agent relationship in writing

   9. $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension
   10. $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

2. Section 475.278(2), F.S., Violation of duties of transaction broker ii. $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension ii. $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

3. Section 475.278(3), F.S., Violation of single agent duties or disclosure requirements iii. $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension iii. $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

4. Section 475.278(4), F.S., Violation of brokerage relationship iv. $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension iv. $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

(pp) Section 455.227(1)(o), F.S., Practicing or offering to practice beyond scope or accepting responsibilities not competent to perform (pp) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension (pp) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

(qq) Section 455.227(1)(g), F.S. Found guilty of knowingly filing false report or complaint against another licensee (qq) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension (qq) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

(rr) Section 455.227(1)(g), F.S. Aiding assisting, employing or advising unlicensed person or activity (rr) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 90-day suspension (rr) $2,500 to $5,000 administrative fine and 90-day suspension to $5,000 administrative fine and revocation

(ss) Section 455.227(1)(s), F.S. Failing to comply with the educational course requirements for domestic violence (ss) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (ss) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(tt) Section 455.227(1)(t), F.S. Failing to report in writing to the Commission within 30 days after the licensee is convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction. (tt) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (tt) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(uu) Section 455.227(1)(u), F.S. Termination from a treatment program for impaired practitioners as described in Section 456.076 for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensee or failing to successfully complete a drug or alcohol treatment program (uu) $1,000 administrative fine and 30-day suspension to $2,500 administrative fine and 2-year suspension (uu) $2,500 to $5,000 administrative fine and 2-year suspension to $5,000 administrative fine and permanent revocation

(vv) Rule 61J2-3.015, F.A.C. Schooling failing to retain course completion certificate for retention period required by rule. (vv) $500 administrative fine per violation. (vv) Same.

(4)(a) When either the Petitioner or Respondent is able to demonstrate aggravating or mitigating circumstances to the Commission in a Section 120.57(2), F.S., hearing or to a Division of Administrative Hearings hearing officer in a Section 120.57(1), F.S., hearing by clear and convincing evidence, the Commission or hearing officer shall be entitled to deviate from the above guidelines in imposing or recommending discipline, respectively, upon a licensee. Whenever the Petitioner or Respondent intends to introduce such evidence to the Commission in a Section 120.57(2), F.S., hearing, advance notice of no less than seven (7) days shall be given to the other party or else the evidence can be properly excluded by the Commission. (b) Aggravating or mitigating circumstances may include, but are not limited to, the following:

1. The degree of harm to the consumer or public.
2. The number of counts in the Administrative Complaint.
3. The disciplinary history of the licensee.
4. The status of the licensee at the time the offense was committed.
5. The degree of financial hardship incurred by a licensee as a result of the imposition of a fine or suspension of the license.
6. Violation of the provision of Chapter 475, F.S., wherein a letter of guidance as provided in Section 455.225(4), F.S., previously has been issued to the licensee. Rulemaking Authority 455.2273, 475.05, 475.2801 FS. Law Implemented 455.227, 455.2273, 475.22, 475.24, 475.25, 475.2755, 475.278, 475.42, 475.453 FS. History–New 11-24-86, Amended 10-13-88, 4-20-89, 5-20-90, 12-29-91, 11-8-92, 6-28-93, Formerly 21V-24.001, Amended 11-16-93, 2-29-96, 12-30-97, 11-29-98, 1-18-00, 2-5-04, 1-30-06, 12-25-07, 7-21-10, 11-15-12, 5-10-22, 3-2-23. 61J2-24.002 Citation Authority. (1) Pursuant to Section 455.224, F.S., the Commission sets forth violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a violation for which there is no substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the fine or other conditions to be imposed. For purposes of this rule, the descriptions of the violations listed below are abbreviated and the statute or rule that is listed should be consulted for a complete description of the prohibited conduct. (2) The following violations with accompanying fine or other conditions may be disposed of by citation: VIOLATION FINE

(a) Section 475.180(2)(a), F.S. – a resident licensee failed to notify the Commission of becoming a nonresident as prescribed $600.00

(b) Sections 475.17(2)(a), 475.17(3)(a), 475.17(4)(a), F.S., Rules 61J2-3.008 and 61J2-3.009, F.A.C. – failed to provide the required number of classroom hours for an approved or prescribed course $1,000.00

(c) Section 475.175(2), F.S. and Rule 61J2-3.015, F.A.C. – failed to provide a course completion certificate to a student after previously receiving a Notice of Noncompliance $250.00

(d) Rule 61J2-3.015, F.A.C. – school failed to retain copy of course completion certificate for retention period required by rule after previously receiving a Notice of Noncompliance. $250.00

(e) Section 475.22(1), F.S. and Rule 61J2-10.022, F.A.C. – failed to maintain the required office as prescribed $1,000.00

(f) Section 475.22(1), F.S. – failed to maintain the required office entrance sign $250.00

(g) Section 475.22(2), F.S. – failed to register an out of state Florida broker’s office $1,000.00

(h) Section 475.24, F.S., and Rule 61J2-10.023, F.A.C. – failed to register a location as a branch office $400.00

(i) Section 475.25(1)(k), F.S. and subsection 61J2-14.010(1), F.A.C. – failed to immediately deposit trust funds provided the deposit is not more than 3 days late $400.00

(j) Section 475.25(1)(q), F.S. – failed to give the appropriate disclosure or notice at the appropriate time under the provisions of Section 475.2755 or 475.278, F.S. (A citation may only be given for a first time violation.) $600.00

(k) Section 475.25(1)(r), F.S. – failed to include the required information in a listing agreement; failed to give a copy to a principal within 24 hours; contains a self renewal clause $400.00

(l) Section 475.42(1)(b), F.S. – sales associate operating as a sales associate without a registered employer due to failure to renew or properly register $1,000.00

(m) Section 475.42(1)(i), F.S. – having a lis pendens placed by an attorney (Citation may be issued only if no other violation is present) $1,000.00

(n) Section 475.42(1)(j), F.S. and Rule 61J2-10.034, F.A.C. – operated as a broker under a tradename without causing the trade name to be noted in the records of the Commission $1,000.00

(o) Section 475.451(3), F.S. – failed to obtain a multiple permit $1,000.00

(p) Section 475.4511(2), F.S. – advertised false, inaccurate, misleading, or exaggerated information $1,000.00

(q) Paragraph 61J2-3.009(4)(d), F.A.C. – failed to have a distance education course instructor available per published schedule $600.00

(r) Subsection 61J2-3.008(5)(a), F.A.C. – failed to inform students of course standards and requirements $250.00

(s) Subsection 61J2-3.015(2), F.A.C. – failed to provide a course completion report to a student; if a licensee, as the result of an audit/inspection, failed to provide a course completion report to the DBPR $400.00

(t) Rule 61J2-5.016, F.A.C. – sales associate or broker associate serving as an officer or director of a registered brokerage corporation $400.00

(u) Subsection 61J2-5.019(1), F.A.C. – failed to ensure that the corporation or partnership is properly registered; failed to ensure each officer, director and sales associate is properly licensed $1,000.00

(v) Rule 61J2-10.025, F.A.C. – advertised in a manner in which a reasonable person would not know one is dealing with a real estate licensee or brokerage; failed to include the registered name of the brokerage firm in the advertisement; failed to use the licensee’s last name as registered with the Commission in an advertisement $1,000.00

(w) Rule 61J2-10.026, F.A.C. – failed to follow the requirements for team or group advertising; a citation shall only be issued for a second violation of the rule committed after July 1, 2019 $1,000.00

(x) Rule 61J2-10.027, F.A.C. – used the name or identification of an association or organization when the licensee was not in good standing or otherwise not entitled to use same $600.00

(y) Subsection 61J2-10.032(1), F.A.C. – broker failed to notify the Commission within the prescribed 15 business days but does so within 25 business days; or, if a Notice of Noncompliance has been issued pursuant to rule 61J2-24.003, F.A.C., and not timely complied with, failed to notify the Commission within 45 days but does so within 55 days $250.00

(z) Subsection 61J2-10.032(1) and (2), F.A.C. – broker failed to institute a settlement procedure within the prescribed 30 business days but does so within 40 business days; or, if a Notice of Noncompliance has been issued pursuant to Rule 61J2-24.003, F.A.C., and not timely complied with, failed to institute a settlement procedure within 60 days but does so within 70 days $250.00

(aa) Subsection 61J2-10.032(2), F.A.C. – broker failed to notify the Commission that the dispute settled or went to court, or of the final accounting and disbursement within the prescribed 10 business days but broker does so within 20 business days; or, if a Notice of Noncompliance has been issued pursuant to Rule 61J2-24.003, F.A.C., and not timely complied with, failed to notify the Commission that the dispute settled or went to court, or of the final accounting and disbursement within 40 days but does so within 50 days $250.00

(bb) Rule 61J2-10.038, F.A.C. – failed to timely notify the DBPR of the current mailing address or any change in the current mailing address $1,000.00

(cc) Paragraph 61J2-14.008(2)(b), F.A.C. – Second offense failure to indicate the name, address and telephone number of the title company or attorney on the contract $250.00

(dd) Paragraph 61J2-14.008(2)(b), F.A.C. – Second offense failure to provide Seller’s broker, or Seller if not represented by a broker, within ten (10) business days of the date the Licensee’s broker made the written request for verification of the deposit with either a copy of the written verification, or if no verification is received by Licensee’s broker, written notice that Licensee’s broker did not receive verification of the deposit $500.00

(ee) Subsection 61J2-14.012(2), F.A.C. – failed to properly reconcile an escrow account when the account balances $500.00

(ff) Subsection 61J2-14.014(1), F.A.C. – failed to secure the written permission of all interested parties prior to placing trust funds in an interest bearing escrow account $600.00

(gg) Subsection 61J2-14.014(2), F.A.C. – failed to stop interest from accruing prior to disbursement $100.00

(hh) Subsection 61J2-17.013(1), F.A.C. – guaranteed that a pupil would pass an examination $500.00

(ii) Failure to register a school location $500.00

(jj) Rule 61J2-17.014, F.A.C. – improper use of a guest lecturer $250.00

(kk) Rule 61J2-17.015, F.A.C. – failed to post the required language regarding recruitment for employment; recruiting for employment opportunities during class time $600.00

(3) Citations may be issued to real estate licensees, permit holders, and registrants by the Division of Real Estate. (4) Citations are to be served upon the subject either by personal service or certified mail, restricted delivery, to the subject’s last known address. (5) The subject has 30 days from the date the citation becomes a final order to pay the fine. All fines are to be made payable to the “Department of Business and Professional Regulation – R. E. Citations” and sent to the Division of Real Estate in Orlando. A copy of the citation shall accompany the payment of the fine. Rulemaking Authority 475.05, 475.2801, 475.2801 FS. Law Implemented 455.224, 475.25(1) FS. History–New 12-29-91, Amended 4-16-92, 1-20-93, 6-28-93, Formerly 21V-24.002, Amended 8-23-93, 4-7-94, 4-12-95, 7-5-95, 2-13-96, 6-5-96, 7-23-96, 1-22-97, 3-30-97, 11-10-97, 3-24-98, 7-1-98, 10-25-98, 1-19-99, 1-18-00, 10-15-00, 2-21-02, 2-5-04, 1-30-06, 7-20-09, 11-15-12, 10-16-16, 2-11-19, 9-23-20, 5-10-22, 3-2-23. 61J2-24.003 Notification of Noncompliance. (1) Pursuant to Sections 455.225(3) and 120.695, F.S., the Commission sets forth below those statutes and rules which are considered minor violations for which the DBPR shall provide a licensee, registrant or permitholder with a notice of noncompliance. A violation is considered a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. The notice of noncompliance shall only be issued for an initial offense of a listed minor violation. For purposes of this rule, the descriptions of the violations listed below are abbreviated and the statute or rule that is listed should be consulted for a complete description of the prohibited conduct. (a) Paragraph 61J2-3.009(4)(d), F.A.C. – failure to have a distance education instructor available. (b) Subsection 61J2-3.008(5)(a), F.A.C. – failure to inform students of course standards and requirements. (c) Subsection 61J2-3.015(2), F.A.C. – failure to provide a course completion certificate to a student. (d) Subsection 61J2-3.015(2), F.A.C. – failure by school to retain copy of course completion certificate for required retention period. (e) Rule 61J2-5.016, F.A.C. – sales associate or broker associate serving as officer or director of a registered brokerage corporation. (f) Section 475.22(1), F.S. – failure to maintain the office entrance sign as required. (g) Section 475.24, F.S. – failure to register a branch office. (h) Section 475.451(3), F.S – failure to register a school location. (i) Rule 61J2-10.034, F.A.C. – failure to register a trade name with the Division of Real Estate. (j) Rule 61J2-14.012, F.A.C. – failure to sign the escrow account reconciliation if the account balances. (k) Subsection 61J2-14.014(2), F.A.C. – failure to stop interest from accruing prior to disbursement. (l) Section 475.451(8), F.S. – failure to keep registration records, course, rosters, attendance records, a file copy of each examination and progress test, and all student answer sheets for a period of at least 3 years subsequent to the beginning of each course and make them available to the department for inspection and copying upon request. (m) Rule 61J2-17.014, F.A.C. – improper use of a guest lecturer. (n) Rule 61J2-17.015, F.A.C. – improper recruiting; failure to post the required statement. (o) Rule 61J2-10.026, F.A.C. – for a first violation, failure to adhere to team advertising requirements after July 1, 2019. (p) Subsections 61J2-10.032(1) and (2), F.A.C. – failure to perform the required act within the stated time frame but does so no later than 30 days after the stated time frame. (q) Rule 61J2-10.034, F.A.C. – failure to register a trade name with the Division of Real Estate. (r) Rule 61J2-14.012, F.A.C. – failure to sign the escrow account reconciliation if the account balances. (s) Subsection 61J2-14.014(2), F.A.C. – failure to stop interest from accruing prior to disbursement. (t) Section 475.451(8), F.S. – failure to keep registration records, course, rosters, attendance records, a file copy of each examination and progress test, and all student answer sheets for a period of at least 3 years subsequent to the beginning of each course and make them available to the department for inspection and copying upon request. (u) Rule 61J2-17.014, F.A.C. – improper use of a guest lecturer. (v) Rule 61J2-17.015, F.A.C. – improper recruiting; failure to post the required statement or failure to have statement visible during virtual live or online course. (w) Rule 61J2-10.026, F.A.C. – for a first violation, failure to adhere to team advertising requirements after July 1, 2019. (2) The DBPR shall issue a notice of noncompliance to the licensee, registrant or permitholder subject to the statute and rule that the statute and rule have been violated. The notice of noncompliance shall identify the statute and rule being violated and shall provide information on how to comply with the statute and rule. The DBPR shall allow 15 days for compliance with the statute and rule and shall so notify the licensee, registrant or permitholder. The time for compliance shall begin to run from the time the licensee, registrant or permitholder receives the notice of noncompliance. The failure of a licensee, registrant or permitholder to comply with the notice of noncompliance within the time allowed shall thereafter result in the issuance of a citation pursuant to Rule 61J2-24.002, F.A.C., and, if there is no citation for the violation, then the institution of regular disciplinary proceeding pursuant to Section 455.225, F.S. (3) The notice of noncompliance may be delivered to the licensee, registrant or permit holder’s current mailing address by certified mail, by restricted delivery or by personal service. The notice of noncompliance may be issued by the Division of Real Estate. Rulemaking Authority 475.05, 475.2801 FS. Law Implemented 120.695, 455.225(3) FS. History–New 1-9-94, Amended 1-1-96, 11-10-97, 6-30-98, 10-25-98, 9-17-00, 7-4-06, 6-15-09, 2-11-19, 9-23-20, 6-7-22, 3-2-23. 61J2-24.004 Mediation. (1) “Mediation” means a process, pursuant to Section 455.2235, F.S., whereby a mediator appointed by the DBPR acts to encourage and facilitate resolution of a legally sufficient complaint. It is an informal process with the objective of assisting the complainant and subject of the complaint to reach a mutually acceptable resolution. (2) The Commission finds that mediation is an acceptable method of dispute resolution for the following violations as they are economic in nature or can be remedied by the subject of the complaint: (a) Failure to maintain office or sign at entrance of office pursuant to Section 475.22, F.S. (b) Failure to register a branch office pursuant to Section 475.24, F.S. (c) Failed to deliver to a licensee a share of a real estate commission if the licensee has obtained a civil judgment and the judgment has not been satisfied pursuant to Section 475.25(1)(d), F.S. Rulemaking Authority 455.2235, 475.05 FS. Law Implemented 455.2235 FS. History–New 12-13-94, Amended 1-11-11. 61J2-24.005 Revocation. Rulemaking Authority 455.227, 475.05 FS. Law Implemented 455.227 FS. History–New 2-13-96, Amended 4-28-98, 2-5-04, Repealed 12-21-14. 61J2-24.006 Probation. (1) Unless otherwise stated in the final order a term of probation shall be ninety (90) days, to commence thirty (30) days after the filing of the final order. (2) If a respondent is unable to complete the requirements of probation within the ninety (90) days or such other time specified in the final order, the Division Director is authorized to grant a one-time one hundred eighty (180) days extension for the following reasons: (a) Illness; (b) Unavailability of a required course. (c) Economic hardship. This means that the respondent has completed all requirements of probation except for the payment of fines or costs and is presently unable to pay. (3) In the event the Division Director denies a request for extension or the request for extension involves a reason other than stated in subsection (2), then the request shall be heard by the Commission. (4) It is the responsibility of the respondent to submit to the Division Director or the Commission written documentation to substantiate the request for extension. Such request must be made prior to the expiration of the initial term of probation. Failure to request an extension either of the Division Director or the Commission within the initial term of probation will result in the automatic denial of the request for extension and any penalty or penalties associated with the failure to timely complete probation will become effective. (5) Unless otherwise stated in the final order, the respondent will be released early from probation upon the successful completion of the terms of probation and the required information being submitted to the Division of Real Estate. (6) When as a term of probation, the Commission orders a respondent to attend one or more meetings of the Commission, the respondent shall comply with the following in order to obtain credit for attending the meeting: (a) The respondent shall arrive not less than 5 minutes prior to the published starting time and date on the meeting agenda, absent good cause. Inability to find a parking space shall not constitute good cause. The respondent is responsible for arriving early enough to obtain suitable parking; (b) The respondent is permitted short absences from the meeting for not more than 5 minutes each hour. Failure to remain in the meeting at least 55 minutes per hour without prior permission of Division staff or the Chair of the Commission will result in a Commission decision to not award credit for attendance at a Commission meeting; (c) Except as otherwise allowed by this section, the respondent is required to attend the meeting in its entirety; (d) All electronic devices must be turned off; (e) Failure to comply with this subsection or any other direction of the Commission consistent with an orderly public meeting will result in loss of credit for attendance at the entire meeting of the Commission; (f) The meeting must be attended live, in-person. Video and/or telephonic meeting attendance will not be accepted. IF no live, in-person meetings are held during the term of probation, the term of probation shall be automatically extended by the Division Director for up to one hundred eighty (180) days. (g) Any respondent requiring special accommodations to attend the meeting, because of a disability, must contact the Division of Real Estate staff at 400 West Robinson Street, Suite N801, Orlando, Florida 32801-1757, Call.Center@dbpr.state.fl.us, (850)487-1395 at least two weeks prior to the meeting date. The Commission will make a reasonable accommodation for those respondents who demonstrate they require special accommodations because they are a person who has a mental or physical impairment that substantially limits one or more of the major life activities of such individual. Rulemaking Authority 475.05 FS. Law Implemented 455.227, 475.25(4) FS. History–New 2-13-96, Amended 11-10-97, 12-8-02, 7-10-06, 1-11-11, 8-31-16, 11-2-21, 7-5-22.

Chapter 61J2-26 NONRESIDENT LICENSURE

Fla. Admin. Code R. 61J2-26 NONRESIDENT LICENSURE

CHAPTER 61J2-26 NONRESIDENT LICENSURE 61J2-26.001 Examination Requirements 61J2-26.002 Residency 61J2-26.003 Post-License and Continuing Education 61J2-26.001 Examination Requirements. (1) The Florida Real Estate Commission has determined that it is in the best interest of the public's welfare to ensure a nonresident seeking licensure in this State, pursuant to s. 475.180, Florida Statutes, is knowledgeable in Florida law, statutes and administrative rules. To properly ensure such applicant has this knowledge, a written examination will be mandatory. This examination will consist of 40 questions, with each question being worth one (1) point. An applicant who receives a grade of 30 points or higher shall be deemed to have successfully completed the examination requirement for nonresident licensure. (2) The subject area of the examination shall consist of general real estate license law. While knowledge of all subject areas is required, particular emphasis will be placed on Chapters 455 and 475, Florida Statutes, and on the rules of the Florida Real Estate Commission found in Chapter 61J2 of the Florida Administrative Code. (3) This examination will be required of all applicants for nonresident licensure, regardless of jurisdiction, and shall become a part of each written agreement implementing the provisions of s. 475.180, Florida Statutes. Specific Authority 475.05, 475.180 FS. Law Implemented 475.180 FS. History–New 11-6-94.

61J2-26.002 Residency. The Florida Real Estate Commission recognizes that nonresidents of Florida may have a lesser opportunity than Florida residents to avail themselves of the education, experience, and examination requirements necessary for Florida licensure, and that such nonresidents may therefore apply for licensure under s. 475.180(1), Florida Statutes, as implemented in Rule Chapter 61J2-2, Florida Administrative Code. For purposes of s. 475.180(1), Florida Statutes, a "resident" of Florida is defined as: (1) a person who has resided (regardless of whether the place or base of residence is a recreational vehicle, hotel, rental unit, or any other temporary or permanent situs) in Florida, continuously for a period of 4 calendar months or more, within the preceding one year; or (2) a person who presently resides (regardless of whether the place or base of residence is a recreational vehicle, hotel, rental unit, or any other temporary or permanent situs) in Florida, with the intention to reside continuously in Florida for a period of 4 months or more, commencing on the date that the person began the current period of residence in Florida. Specific Authority 475.05, 475.180 FS. Law Implemented 475.180 FS. History–New 11-6-94.

61J2-26.003 Post-License and Continuing Education. (1) The Florida Real Estate Commission has determined that it is in the best interest of the public welfare that a non-resident securing licensure pursuant to s. 475.180, Florida Statutes, keep abreast of current Florida law. To properly ensure such knowledge subsequent to securing licensure through s. 475.180, Florida Statutes, the non-resident licensee must satisfy post-license and continuing education requirements as follows: (a) All applicants for non-resident licensure must satisfactorily complete a Commission prescribed or approved post-license educational course prior to the first renewal following licensure. The standards and requirements for the post-license education course will be in accordance with Rule 61J2-3.020, Florida Administrative Code. (b) Subsequent to the first renewal period, all non-resident licensees are required to satisfactorily complete the continuing education requirements pursuant to Rule 61J2-3.009, Florida Administrative Code. The standards and requirements for continuing education will be in accordance with Rule 61J2-3.009, Florida Administrative Code. (2) Failure of a non-resident licensee to satisfactorily complete the post-license education requirement shall result in the penalties prescribed in s. 475.17(3) or (4), as applicable. (3) Hardship cases for post-license education shall be governed by and as defined in Rule 61J2-3.013, Florida Administrative Code. Specific Authority 475.05, 475.180 FS. Law Implemented 475.180 FS. History–New 11-30-94.

Division 61E1 Miscellaneous Businesses and Professions - Asbestos Consultants/Asbestos Consultant Examination

Chapter 61E1-1 ASBESTOS CONSULTANTS

Fla. Admin. Code R. 61E1-1 ASBESTOS CONSULTANTS

CHAPTER 61E1-1 ASBESTOS CONSULTANTS 61E1-1.001 Asbestos Consultants/Contractors; Licensure Requirements 61E1-1.002 Continuing Education Requirements for Asbestos Consultants/Contractors 61E1-1.003 Advertising Medium 61E1-1.001 Asbestos Consultants/Contractors; Licensure Requirements. (1) The Department will accept as meeting the requirements for licensure as an asbestos consultant as defined in Section 469.001(5), F.S., any individual who meets the requirements set forth in Sections 469.004(1) and 469.005, F.S. (2) The Department will accept as meeting the requirements for licensure as an asbestos contractor as defined in Section 469.001(7), F.S., any individual who meets the requirements set forth in Sections 469.004(2) and 469.005, F.S. (3)(a) The Department shall accept as evidence of financial stability, as required in Section 469.005(4), F.S., a statement from the applicant that he/she has not had any asbestos projects which were not satisfactorily completed and that no claims exist on asbestos projects that have been completed; and compliance with paragraph 61E1-4.001(1)(c), F.A.C. (b) The Department shall accept as meeting the requirements of Section 469.005(5), F.S., an applicant who has paid the appropriate examination fee and passed the Department administered examination set forth in Rules 61E1-2.001 through 61E1-2.005, F.A.C. (4) To satisfy the requirements of Section 469.005(4), F.S., the applicant must submit evidence of ten asbestos projects within the last five years, with said evidence containing a description of the project, the level of responsibility, the dates of the engagement and a statement that no claims of unsatisfactory professional services have been sustained against the professional activities of the applicant. This statement must be certified by the owner or entity for whom the service was rendered. (a) Distribution of the ten projects for an asbestos consultant shall be as follows:

1. Two projects involving asbestos surveys;
2. Two projects involving the development of operations and maintenance plans;
3. Two projects involving asbestos abatement project management and supervision;
4. Two projects involving the design of asbestos abatement projects; and,
5. Two additional projects from any of the above categories. (b) The ten projects for an asbestos contractor shall involve asbestos abatement activities. Rulemaking Authority 469.008, 469.011 FS. Law Implemented 469.004, 469.005, 469.008 FS. History–New 6-14-89, Formerly 21-25.001, Amended 11-11-97. 61E1-1.002 Continuing Education Requirements for Asbestos Consultants/Contractors. (1) Each applicant for biennial renewal of a license as an Asbestos Consultant shall: (a) Complete 2 days of refresher courses for each calendar year related to any of the courses as outlined in Section 469.005(2), Florida Statutes, which have been approved by the Department; and, (b) Maintain records demonstrating that each asbestos surveyor, management planner, project designer, and project monitor has completed an approved refresher course each calendar year for each biennial renewal period. The refresher courses must have met the requirements of Section 469.013, F.S., and such records shall be furnished upon request pursuant to Rule 61-6.010, F.A.C. (2) Each applicant for renewal of an asbestos contractor license shall: (a) Complete 1 day of an asbestos abatement project management and supervisor refresher courses for each calendar year which has been approved by the Department; and, (b) Maintain records demonstrating that each asbestos abatement worker and onsite supervisor has completed a 1 day refresher course in each calendar year for each biennial period. The refresher courses must have been courses of continuing education approved and required by the Department, and the records related to such course shall be furnished upon request pursuant to Rule 61-6.010, F.A.C. Such courses shall satisfy the criteria set forth in paragraph 61E1-2.006(2)(b), subparagraphs 61E1-2.006(4)(c)2., 61E1-2.006(4)(c)4., 61E1-2.006(4)(c)6., 61E1-2.006(4)(c)8., and 61E1-2.006(4)(c)11., F.A.C. Rulemaking Authority 469.011 FS. Law Implemented 469.004(3), 469.012, 469.013 FS. History–New 8-13-90, Formerly 21-25.002, Amended 11-11-97, 5-25-04, 2-27-07. 61E1-1.003 Advertising Medium. As used in Section 469.006(5)(b), F.S., the term “other advertising medium” shall include business proposals, bill of sales, contracts, business cards, construction site signs, handbills, billboards, flyers, shopping and service guides, coupon offerings, magazines, trade association publications, classified advertisements, internet websites, manufacturer’s “authorized dealer” listings, and signs on vehicles. The term shall not include business stationery, balloons, pencils, pens, hats, articles of clothing, or other promotional novelties. Neither shall the term include free phone directory listings (regardless of page color) of one, two, or three lines, which display nothing more than the proper name, company name, address, and telephone numbers in whole or in part in an unbolded or unhighlighted print and without further textual or pictorial elaboration or touting in its overall display. Rulemaking Authority 469.011(1), 469.006(5)(b) FS. Law Implemented 469.006(5)(b) FS. History–New 8-31-16.

Chapter 61E1-2 ASBESTOS CONSULTANT EXAMINATION

Fla. Admin. Code R. 61E1-2 ASBESTOS CONSULTANT EXAMINATION

CHAPTER 61E1-2 ASBESTOS CONSULTANT EXAMINATION 61E1-2.001 Written Examination; General Requirements 61E1-2.002 Areas of Competency and Content 61E1-2.003 Passing Grade 61E1-2.004 Grade Review Procedures (Repealed) 61E1-2.005 Re-examination 61E1-2.006 Asbestos Training Courses and Providers 61E1-2.001 Written Examination; General Requirements. A written examination shall be given and passed prior to any applicant receiving a license to practice as an asbestos consultant or an asbestos contractor as provided in Chapter 469, F.S. An applicant seeking take the written asbestos examination shall submit a completed application on Form DBPR ALU 6, Asbestos Examination Application, effective January 2023, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-15215, together with the appropriate fee as specified in Rule 61E1-3.001, F.A.C. The form can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399. The examination shall be provided by the Department pursuant to Section 455.217, F.S., or a computer based testing vendor approved by the Department. The written examination shall consist of one day (approximately 8 hours). Examinations are closed book and, the use of notes and reference books is prohibited. All materials including pens and pencils are to be furnished by the applicant. Rulemaking Authority 455.2035, 455.213, 455.217, 469.008, 469.011 FS. Law Implemented 455.213, 455.217, 455.2171, 469.005(6), 469.008, 559.79 FS. History–New 2-15-89, Formerly 21-23.001, Amended 3-23-04, 10-16-19, 4-18-23. 61E1-2.002 Areas of Competency and Content. (1) The Asbestos Contractors Examination shall include questions and problems normally connected with the basic fundamentals of asbestos abatement procedures and the business knowledge related thereto. The examination will be in two sections, and the topics which will be covered and the weight for each are as follows: (a) Business Knowledge Portion

1. Maintaining Cash Flow (4%) a. Insure adequate funding
2. Estimating and Bidding (8%)
   1. Estimate using takeoffs
   2. Check bid specification completeness
   3. Determine the proper bid
3. Negotiating and Interpreting Contracts and Agreements (20%)
   1. Negotiate and interpret contracts and agreements with general contractors
   2. Negotiate and interpret contracts and agreements with consumers
   3. Negotiate and interpret contracts and agreements with subcontractors
   4. Negotiate and interpret contracts and agreements with asbestos consultant
   5. Negotiate and interpret contracts and agreements with suppliers
4. Processing Change Orders (8%)
   1. Process change orders
   2. Negotiate and interpret change order agreements
5. Purchasing Control (4%) a. Maintain records by job
6. Scheduling contracts (10%)
   1. Schedule materials
   2. Schedule personnel
   3. Schedule equipment
7. Insurance and Bonding (14%)
   1. Acquire worker’s compensation insurance
   2. Acquire liability insurance
   3. Obtain completed work insurance
   4. Acquire asset insurance
   5. Obtain performance/bid bonds
8. Contracting Laws and Rules (10%)
   1. Comply with state and federal laws
   2. Obtain permits
   3. Obtain required inspections
9. Managing Personnel (16%)
   1. Train personnel on safety procedures
   2. Monitor and evaluate field personnel
   3. Train personnel on work procedures
   4. Comply with labor laws
   5. Monitor and evaluate office personnel
10. Payroll and Sales Tax Laws (6%)
    1. Comply with income tax/FICA laws
    2. Comply with unemployment tax laws
    (b) Technical Knowledge Portion
11. Submittals/Notices (10%)
    1. Send required notices
    2. Maintain logs and records
12. Protecting Personnel (20%)
    1. Train personnel on use of protective equipment
    2. Establish an emergency plan
    3. Conduct personnel exposure monitoring
    4. Conduct safety training
13. Preparing for Abatement (35%)
    1. Prepare site
    2. Design/set up procedures
    3. Establish entry and exit procedures
    4. Handle and store supplies
    5. Obtain/identify necessary equipment
    6. Set up decontamination unit
14. Abatement Procedures (15%)
    1. Conduct abatement procedures
    2. Provide for safe handling of materials
    3. Secure necessary equipment
15. Post-abatement Procedures (20%)
    1. Conduct sampling/monitoring
    2. Dispose of materials
    3. Cleanup area
    4. Restore site
    (2) The Asbestos Consultants Examination shall include questions and problems on subjects normally connected with the basic fundamentals of the design of asbestos abatement projects, plans and specifications. The examination topics which will be covered and the weight for each are as follows: (a) Preparing and Evaluating Adherence to Technical Specifications (40%)
16. Process the required documentation of local, state, and federal Government
17. Identify the components necessary for shop drawing
18. Identify the components necessary of submittals
19. Select proper schedules
20. Plan personnel protection
21. Design emergency plan
22. Plan medical monitoring procedures
23. Plan entry and exit procedures
24. Plan enclosures
25. Specify work area isolation markers
26. Plan personnel decontamination units
27. Plan temporary site facilities
28. Plan abatement procedures
29. Select method of handling materials
30. Identify equipment
31. Plan sampling/monitoring
32. Plan material disposal
33. Plan area cleanup
34. Plan site restoration (b) Preparing and Evaluating Adherence to Non-technical Specifications (10%)
35. Evaluate insurance
36. Pre-qualify contractors
37. Describe scope of work
38. Identify the general conditions
39. Identify the special conditions
40. Identify the component for bidding (c) Administering Contracts (10%)
41. Estimate quantities
42. Evaluate contracts
43. Conduct pre-construction conference
44. Conduct on-site monitoring of abatement procedures
45. Conduct on-site monitoring of abatement procedures
46. Negotiate change orders
47. Project closeout
48. Prepare final documentation (d) Identifying Probable Location of Asbestos (10%)
49. Review plans and specifications including as-built of existing facilities
50. Identify building and mechanical systems
51. Determine dates of additions (e) Conducting On-site Inspections (10%)
52. Perform visual survey
53. Perform bulk sampling
54. Obtain occupant exposure assessments
55. Interpret lab analysis (f) Preparing, Conducting, and Evaluating Abatement Management Plans (10%)
56. Determine responsive actions
57. Prepare operations and maintenance plan
58. Train personnel
59. Prepare written plan (g) Conduct and Evaluate Sampling and Monitoring Procedures (10%)
60. Monitor workers and occupants
61. Conduct pre-abatement and abatement monitoring
62. Conduct clearance testing Rulemaking Authority 455.217 FS. Law Implemented 455.217 FS. History–New 2-15-89, Formerly 21-23.002. 61E1-2.003 Passing Grade. (1) The Asbestos Contractors examination technical section and business knowledge section will be scored separately. Successful completion of a section will be accepted, and re-examination will be required only for the section not successfully completed. A candidate is required to pass both sections in order to be licensed as an asbestos contractor. (2) Test scores are reported as percentage scores ranging from 1 to 100. The minimum score needed to pass the Asbestos Consultant Examination is seventy percent. The minimum score needed to pass each of the two sections of the Asbestos Contractor Examination is seventy percent. Rulemaking Authority 455.217 FS. Law Implemented 455.217 FS. History–New 2-15-89, Amended 1-28-93, Formerly 21-23.003. 61E1-2.004 Grade Review Procedures. Rulemaking Authority 455.307 FS. Law Implemented 455.217, 455.303 FS. History–New 2-15-89, Formerly 21-23.004, Repealed 3-28-96. 61E1-2.005 Re-examination. An individual who fails to pass the examination may take the applicable examination two (2) additional times before having to submit an application for re-examination on Form DBPR ALU 6, Asbestos Examination Application, as incorporated by reference in Rule 61E1-2.001, F.A.C., together with the required re-examination fee as specified in Rule 61E1-3.001, F.A.C. An individual who has passed one of the two sections of the Asbestos Contractor examination shall be given credit for the part passed. Rulemaking Authority 455.2035, 455.213, 455.217, 469.008, 469.011 FS. Law Implemented 455.213, 455.217, 469.005, 469.007, 469.008, 559.79 FS. History–New 2-15-89, Formerly 21-23.005, Amended 10-16-19. 61E1-2.006 Asbestos Training Courses and Providers. (1) Each training course provider must be approved by the Department as a course provider and each training course must be approved by the Department. Provider and course approvals are valid for four (4) years until May 31st of every other odd numbered year and must be renewed prior to expiration. Applications for course provider and training course approval must be submitted using Form DBPR ALU 7, “Application for Education Course Provider,” effective December 2012, incorporated and adopted herein, which may be found at https://www.flrules.org/Gateway/reference.asp?No=Ref-02482, together with the appropriate fee as specified in Rule 61E1-3.001, F.A.C. Applications for training course approval must be submitted using Form DBPR ALU 8, “Education Course Application,” effective December 2012, incorporated and adopted herein, which may be found at https://www.flrules.org/Gateway/reference.asp?No=Ref-02483, together with the appropriate fee as specified in Rule 61E1-3.001, F.A.C. The forms may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0767 or at www.myfloridalicense.com. Any substantial change in the course content will require the provider to reapply to the Department for approval. (2) Definitions. (a) Training Course: An initial course of study which provides the educational experience required for asbestos related occupational certification pursuant to Sections 469.005, 469.012 and 469.013, F.S. (b) Refresher Course: Refresher training required each year to maintain accreditation. For an asbestos consultant, the refresher courses shall include one half day of Asbestos Survey and Mechanical Systems Course, one half day of Asbestos Management Planning Course and one full day of Project Designer Course. For an asbestos contractor, the refresher course shall include one full day of Asbestos Contractor/Supervisor Course. (c) Training Course Provider: An entity and any of its agents engaged in providing training courses and refresher courses as required by this chapter. (d) Training Day: The equivalent of 8 hours including breaks and lunch. Breaks and lunches are not to exceed 1.5 hours of each training day. (e) Training Instructor: Any person approved by the Department to conduct asbestos training for a Department approved asbestos course. Outside experts brought in to address a specific topic or subset of the course are not considered training instructors. (f) Regulatory Review: As used in this rule, regulatory review means review concerning applicable regulations including but not limited to the EPA Worker Protection Rule, Toxic Substance Control Act Title II, OSHA 29 C.F.R. 1926, 1101, NESHAP 40 C.F.R. Part 61, subpart M, Chapter 469, F.S., Sections 255.551-.565, F.S., the Florida Department of Environmental Protection Fee Chapter 62-257, F.A.C., and local regulations. (3) A training course provider must meet the standard set forth in 40 C.F.R. Part 763, Appendix C to Subpart E, 59 FR 5251, as amended November 12, 2010 and incorporated herein by reference. Copies can be obtained by writing the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0767, or at http://www.gpo.gov/fdsys/pkg/CFR-2011-title40-vol31/pdf/CFR-2011-title40-vol31-part763-subpartE-appC.pdf. The following providers and courses shall be approved. (a) Training providers and courses approved by a state that has a written reciprocating agreement with the Department. (b) Training courses recognized by the Environmental Protection Agency and listed in the National Directory of Asbestos Hazard Emergency Response Act Accredited Courses as set forth in 40 C.F.R. Part 763, Appendix C to Subpart E, as amended November 12, 2010 and incorporated herein by reference. (4) The application for the provider and course approval shall include but is not limited to the following information. (a) The course provider’s name, address, telephone number, and social security number or federal tax identification number. (b) A list of states that currently approve the training course. (c) The course curriculum. Courses must at a minimum demonstrate the inclusion of the following curriculum content areas for initial training and refresher courses:
63. Asbestos abatement worker course (initial) shall include a minimum of 4 training days with a minimum of 14 hours of hands-on training. Additionally an examination of at least 50 multiple choice questions, with a passing score of 70 percent must be given to each person seeking accreditation. The training course shall address the following topics:
    1. Physical characteristics of asbestos;
    2. Potential health effects related to asbestos exposure;
    3. Employee personal protective equipment;
    4. State-of-the-art work practices;
    5. Personal hygiene;
    6. Additional safety hazards;
    7. Medical monitoring;
    8. Air monitoring;
    9. Regulatory review;
    10. Establishment of respiratory protection programs; and
    11. Course review.
64. Asbestos abatement worker course (refresher) shall include a minimum of 1 training day. The training course shall address the following topics:
    1. Physical characteristics of asbestos;
    2. Potential health effects related to asbestos exposure;
    3. Employee personal protective equipment;
    4. State-of-the-art work practices;
    5. Personal hygiene;
    6. Additional safety hazards;
    7. Air monitoring;
    8. Regulatory review; and
    9. Course review to include a multiple choice test with a minimum 70% passing score.
65. Asbestos abatement project management and supervision course (initial) shall include a minimum of 5 training days with a minimum of 14 hours of hands-on training. This course also fulfills the requirements of an asbestos roofing course as required in Section 469.012(3), F.S. Additionally an examination of at least 100 questions in an objective test format, with a passing score of 70 percent must be given to each person seeking accreditation. The training course shall address the following topics:
    1. Physical characteristics of asbestos and asbestos-containing material;
    2. Potential health effects related to asbestos exposure;
    3. Employee personal protective equipment;
    4. State-of-the-art work practices;
    5. Personal hygiene;
    6. Additional safety hazards;
    7. Medical monitoring;
    8. Air monitoring;
    9. Regulatory review;
    10. Respiratory protection and medical surveillance programs;
    11. Insurance and liability issues;
    12. Record keeping for asbestos abatement projects;
    13. Supervisory techniques for asbestos abatement activities;
    14. Contract specifications; and
    15. Course review.
66. Asbestos abatement project management and supervision course (refresher) shall include a minimum of 1 training day. The training course shall address the following topics:
    1. Employee personal protective equipment;
    2. State-of-the-art work practices;
    3. Personal hygiene;
    4. Additional safety hazards;
    5. Medical monitoring;
    6. Air monitoring;
    7. Regulatory review;
    8. Respiratory protection and medical surveillance programs;
    9. Insurance and liability issues;
    10. Record keeping for asbestos abatement projects;
    11. Supervisory techniques for asbestos abatement activities; and
    12. Course review to include a multiple choice test with a minimum 70% passing score.
67. Building asbestos abatement surveys and mechanical systems (initial) shall include a minimum of 3 training days, with a minimum of 4 hours of hands-on training (to include conducting a simulated building walk-through inspection and respirator fit testing). The training course shall address the following topics:
    1. Background information on asbestos;
    2. Potential health effects related to asbestos exposure;
    3. Functions/qualifications and role of inspectors;
    4. Legal liabilities and defenses;
    5. Understanding building systems;
    6. Public/employee/building occupant relations;
    7. Pre-inspection and review of previous inspection records;
    8. Inspecting for friable and non-friable asbestos containing material and assessing the condition of friable asbestos containing material;
    9. Bulk sampling/documentation of asbestos;
    10. Inspector respiratory protection and personal protective equipment;
    11. Record keeping and writing the inspection report;
    12. Regulatory review; and
    13. Course review.
68. Building asbestos abatement surveys and mechanical systems (refresher) shall include a minimum of one-half training day. The training course shall address the following topics:
    1. Functions/qualifications and role of inspectors;
    2. Legal liabilities and defenses;
    3. Understanding building systems;
    4. Public/employee/building occupant relations;
    5. Review of previous inspection records;
    6. Inspecting for friable and non-friable asbestos containing material and assessing the condition of friable asbestos hazard emergency;
    7. Bulk sampling/documentation of asbestos;
    8. Regulatory review; and
    9. Course review to include a multiple choice test with a minimum 70% passing score.
69. Asbestos abatement management planner course (initial) shall include a minimum of 2 training days, with hands-on training (to include analysis and application of an operation and maintenance plan). Completion of the building asbestos abatement surveys and mechanical systems or inspector course must be demonstrated prior to attendance. The training course shall address the following topics:
    1. Course overview;
    2. Evaluation and interpretation of survey results;
    3. Hazard assessment;
    4. Legal implications;
    5. Evaluation and selection of control options;
    6. Role of other professionals;
    7. Developing an operations and maintenance plan;
    8. Regulatory review;
    9. Record keeping for the management planner;
    10. Assembling and submitting the management plan;
    11. Financing abatement actions; and
    12. Course review.
70. Asbestos abatement management planner course (refresher) shall include a minimum of one-half training day. The training course shall address the following topics:
    1. Legal implications;
    2. Evaluation and selection of control options;
    3. Role of other professionals;
    4. Developing an operations and maintenance plan;
    5. Regulatory review;
    6. Record keeping for the management planner;
    7. Assembling and submitting the management plan; and
    8. Course review to include a multiple choice test with a minimum 70% passing score.
71. Asbestos abatement respiratory protection course shall include a minimum of 3 training days, to include a minimum of 8 hours hands-on training. The training course shall address the following topics:
    1. Course overview;
    2. Terminology;
    3. Respiratory system/medical recommendations;
    4. Respiratory hazards and overview;
    5. Selection of respirators and decision making;
    6. Establishing and maintaining a respiratory protection program; and
    7. Cleaning, maintenance, storage, and inspection of respirators, fit testing (qualitative and quantitative), and protection factors.
72. Asbestos Abatement Project Designer course (initial) shall include a minimum of 3 training days. The project designer course shall include lectures, demonstrations, a field trip, course review, and a written examination of at least 100 multiple choice questions, with a passing score of 70 percent correct. The abatement project designer training course shall adequately address the following topics:
    1. Background information on asbestos;
    2. Potential health effects related to asbestos exposure;
    3. Overview of abatement construction projects;
    4. Safety system design specifications;
    5. Field trip;
    6. Employee personal protective equipment;
    7. Additional safety hazards;
    8. Fiber aerodynamics and control;
    9. Designing abatement solutions;
    10. Final clearance process;
    11. Budgeting cost estimating;
73. Writing abatement specifications;
    13. Preparing abatement drawings;
    14. Contract preparation and administration;
    15. Legal/liabilities/defenses;
    16. Replacement;
    17. Role of other consultants;
    18. Occupied buildings;
    19. Relevant Federal, State, and local regulatory requirements, procedures, and standards; and
    20. Course review.
74. Asbestos Abatement Project Designer (refresher) shall include a minimum of one full day of training. The refresher course shall include the review and discussion of changes in Federal, State and local regulations, developments in state-of-the-art procedures as well as the following:
    1. Potential health effects related to asbestos exposure overview;
    2. Safety system design specifications review;
    3. Additional safety hazards (review of safety considerations);
    4. Fiber aerodynamics and control (review of air monitoring requirements);
    5. Abatement materials and methods update;
    6. Writing abatement specifications review;
    7. Legal/liabilities/defenses; and
    8. Course review to include a multiple choice test with a minimum 70% passing score.
75. Asbestos abatement sampling course shall include a minimum of 4 training days, to include a minimum of 16 hours hands-on training. The training course shall address the following topics:
    1. Course overview;
    2. Sampling and air flow calibration equipment;
    3. Microscopes, accessories, adjustments, calibration and 1-hour review, sampling procedures and calibrations, sampling equipment (pump) placement, statistical calculations and counting procedures, image quality investigation, slide counting procedures and analysis, comprehensive lab and quality control; and
    4. Course review.
76. Worker training for work with asbestos containing flooring material as described in Section 469.002(3), F.S., shall include hands on training and a minimum of 1 training day. Additionally an examination of at least 25 objective (i.e., multiple choice or true/false) questions, with a passing score of 70 percent must be given to each person seeking certification. The training course shall address the following topics:
    1. Physical characteristics and methods of recognizing asbestos;
    2. Potential health effects related to asbestos exposure;
    3. Relationship between smoking and asbestos related diseases including a list of names, addresses and phone numbers of public health organizations which provide information and conduct programs concerning smoking cessation;
    4. Employee personal protective equipment including decontamination and emergency procedures;
    5. Regulatory review;
    6. State-of-the-art work practices including removal procedures for resilient floor tile, resilient sheet flooring, and residual asphaltic adhesive as prescribed by OSHA;
    7. Medical surveillance program requirements;
    8. Waste disposal procedures and requirements;
    9. Sign posting and labeling requirements; and
    10. Noticing requirements as prescribed in Section 469.002(3)(d), F.S.
77. Supervisor training for the supervision of intact removal of resilient flooring material shall include a minimum of one half day training in addition to successful completion of the 1 day worker training in subparagraph 61E1-2.006(3)(c)11., F.A.C. The additional one half day training will include an examination of at least 25 objective (i.e., multiple choice or true/false) questions on the following topics, with a passing score of 70 percent for certification:
    1. Prework activities and considerations including a list of common building materials containing asbestos;
    2. Assessment of the work area including site preparation and safety hazards;
    3. Supervising workers which includes goal setting, establishing expectations, motivating, and providing clear instructions;
    4. Course review.
78. On site roofing supervisor training for the purpose of meeting the exemption of Section 469.002(2), F.S., and described in Section 469.012(3), F.S., shall be equivalent to the requirements of the competent person as defined by OSHA for work with Class II roofing material under 29 C.F.R., Part 1926.1101, as it existed on September 1, 1997, which is hereby incorporated by reference and made a part of this rule. (d) A statement from the course provider clearly indicating compliance with the requirements of subsection 61E1-2.006(2), F.A.C., and:
79. The length of training days;
80. The amount and a description of hands-on training;
81. The length, format and passing score of the examination; and
82. The topics covered in the course. (e) A copy of all course materials, including student manuals, instructor notebooks, handouts, videotapes and any other materials requested by the Department.
83. Pursuant to 40 C.F.R., Part 763, Appendix C to Subpart E, the asbestos worker courses are the only courses approved to be conducted in a language other than English.
84. Any course provider who wishes to conduct a course in a language other than English must comply with the following:
    1. Translate the course into other language;
    2. Provide the translated course material to the Department;
    3. Give written assurance with the submission of the course that the translation has been checked for accuracy; and
    4. Give assurance that the instructor is fluent in the language that the course is being taught and that no additional translator is being used.
    (f) A detailed statement about the development of the examination used in the course, including the number of questions in the item bank, the names and qualifications of the persons or entities who developed the examination, and the psychometric data used to support the validity of the examination. (g) The names and qualifications of course instructors. Instructors must have academic credentials or certification, and field experience in asbestos abatement. Instructors must have completed both initial and refresher courses from an approved provider in the course(s) they instruct. Such proof of course completion will be required to be documented in the application. The list of instructors and their qualifications must be updated and submitted to the Department whenever changes are made. Outside experts may address topics including but not limited to legal liabilities and defenses, insurance and liability issues, and regulatory review. (h) A description and example of the certificate of successful completion issued to students who attend the course and pass examination. (i) A fee as provided in this rule, which must be received by the Department in order for the application for approval to be deemed complete. (5) Advertising of Training and Refresher Courses: (a) A course provider may not advertise a course as one approved by the Department until such approval is granted; (b) A course provider may not include any false or misleading information regarding the contents, instructors, or number of classroom hours of any course approved under this rule; (c) Once approved, the course provider shall use the course number in the course syllabus, in all other course materials used in connection with the course, and in all written advertising materials used in connection with the course; and (d) Upon completion of an initial or refresher course, the provider shall issue a completion certificate listing the name and license number of the attendee, the name and course number, the provider name and registration number, the date the course was offered, the instructor name, and the length of the course. (6) Training course audits. (a) The Department shall, conduct on-site audits of in person training courses. The Department shall conduct online audits of online training courses which shall include:
85. Training course content;
86. Technical accuracy;
87. Instructor effectiveness; and
88. Course administration. (b) Such audits may be conducted without advance notice if the Department has reasonable cause to believe that a violation of this rule or Chapter 469, F.S., has occurred. (c) Training course providers who are located outside this state must meet the requirements of this section in either of the following ways:
89. The training course provider will make arrangements for the Department representatives to conduct an on-site review of the training course located outside the state at no charge, including travel, subsistence, and lodging costs as provided in Section 112.061, F.S.
90. Another state in which the training provider is approved has a reciprocal agreement with this state for auditing of training courses for compliance with the standards set forth in this rule. (d) All training course providers shall provide copies of course materials and other necessary information to the Department for courses being audited at no cost to the Department. (7) Upon a change of instructors, the provider shall submit the credentials of the new instructor to the Department for approval. (8) The Department will seek written reciprocal agreements with other states where equivalency of asbestos accreditation requirements with the Florida requirements can be demonstrated. (9) Fees. (a) Fees for initial training course review shall be $350.00 per training day. Courses with a duration of eight hours will be assessed at the 8-hour day rate ($350.00). An additional $350.00 will be assessed for each 8-hour day of training above the minimum days of training specified in Sections 469.001-.015, F.S., and those set forth in 40 C.F.R. Part 763, Appendix C to Subpart E, as it existed on September 1, 1997. Courses with a duration of four hours of training will be assessed $175.00. Courses with a duration of eight hours will be assessed at the 8-hour day rate ($350.00). (b) Fees for refresher training course approval shall be as follows:
91. $175.00 – per 4-hour day;
92. $250.00 – per 8-hour day. (c) All application fees are non-refundable. (10) Records. (a) Training course providers shall be responsible for maintaining records of all persons taking approved courses for a minimum of 3 years from the date of the course. Copies of such records shall be released upon written request by the trainee and shall be made available to the Department at any time upon request of the Department. (b) Upon ceasing to provide training and/or refresher courses, the provider shall forward all records relating to persons trained to the Department within 60 days. Such records shall include class rosters, examination scores, certificates issued, and any other record which may be used to verify training. Upon receipt of the records, the Department shall void the provider’s certificate. (c) Any changes in the course provider name, address, telephone number, course curriculum and/or instructors must be submitted in writing to the Department, within 30 days of such change. (d) The provider must comply with the requirements stated in subsection 61-6.015(5), F.A.C., as a condition of approval as a course provider and provide the attendee list to the Department in the prescribed electronic format of all licensees who attended refresher courses to obtain continuing education credits. The provider is required to resolve reporting conflicts with the licensee by the expiration date of the training or refresher course. (e) The course provider shall not offer any training courses if the provider status is expired or under discipline. (f) The provider must submit attendance rosters of all Florida licensed consultants and contractors who have attended refresher courses within 30 days of completion of such course(s). The roster should include the licensee name, course number, course name, date the course was administered and the provider number. (g) If the provider status is revoked by the Department, the provider cannot reapply to be registered as a provider for two years from the date of the Final Order revoking the registration. (11) The application for online courses shall include the total number of classroom or interactive distance learning hours, the course syllabus, a detailed outline of the contents of the course, the name and qualifications of all instructors and minimum qualifications of all instructors. Online training courses are only available for refresher courses. In addition, a course provider applying to offer interactive distance learning courses must meet applicable classroom course requirements and must submit documents indicating the following: (a) The means by which the course provider is able to monitor student enrollment, involvement, participation, course completion, and comprehension of content at regular intervals. (b) The means by which the course provider will be able to satisfactorily demonstrate that stated course hours are consistent with the actual hours spent by each student to complete the course. (c) The means by which the provider will provide necessary support throughout the course including, but not limited to, the means by which the course provider will respond to student inquiries within 24 hours of receipt. (d) That the student will be required to complete a statement at the beginning and end of the course that indicates that he/she personally completed each module/session of instruction. (e) The means by which the course provider will verify student identification and completion of initial course. Rulemaking Authority 455.2035, 455.213, 455.2123, 455.2178, 469.011, 469.014 FS. Law Implemented 455.213, 455.2178, 469.008, 469.014 FS. History–New 5-12-93, Formerly 21-23.006, Amended 8-17-94, 11-24-97, 3-23-04, 12-28-05, 2-5-13, 9-15-19.

Chapter 61E1-3 ASBESTOS LICENSING

Fla. Admin. Code R. 61E1-3 ASBESTOS LICENSING

CHAPTER 61E1-3 ASBESTOS LICENSING 61E1-3.001 Fees; License Renewal; Active, Inactive and Delinquent Licenses; Change of Status 61E1-3.002 Licensure by Endorsement 61E1-3.001 Fees; License Renewal; Active, Inactive and Delinquent Licenses; Change of Status. (1) The following fee schedule is adopted by the department: (a) Application fee $300.00

(b) Initial License fee $250.00

(c) Delinquency fee $25.00

(d) Reactivation fee $100.00

(e) Biennial License Renewal fee for Asbestos Consultants, and Asbestos Contractors $150.00

(f) Biennial License Renewal fee for Asbestos Business Organizations $250.00

(g) Biennial Inactive License Renewal fee for Asbestos Consultants, Asbestos Contractors $100.00

(h) Examination fee $316.00

(i) Reexamination fee $316.00

(j) Change of Status fee $100.00

(k) Unlicensed Activity fee $5.00

(l) To add or change a Financially Responsible Officer $100.00

(m) To add or change a Qualifying Agent $100.00

(n) Transfer fee $200.00

(o) Provider renewal fee $100.00

(p) Training course initial or refresher renewal fee $100.00

(q) Reinstatement due to illness or economic hardship $250.00

(2) The fees shall be made payable to: the Department of Business and Professional Regulation. Any fee due to the testing vendor for computer based testing shall be made payable directly to the vendor. (3) An asbestos consultant, asbestos contractor, business organization or qualifying agent shall renew his or her license on or before November 30 of each biennial year. If an asbestos consultant, asbestos contractor, business organization or qualifying agent makes a written request to change a qualifier or financially responsible officer during the biennial period, the department shall charge the respective changing fee and a transfer fee. (4) Any license which is not renewed prior to the end of each biennium renewal period shall automatically revert to a delinquent status. (a) A licensee may change a delinquent status license by remitting a delinquent fee and the applicable biennial license renewal fee(s) to the department and complying with the continuing education requirements of Section 455.271(10), F.S. (b) If a licensee makes a written request during the renewal period to activate a delinquent status license to active or inactive, the department shall impose a delinquent fee, a reactivation fee, a renewal fee that will be applied to the delinquent biennium period, and a biennial license renewal fee. (c) If a licensee makes a written request to the department to activate a delinquent status license to active or inactive status at a time other than the renewal period, the department shall impose a delinquent fee, a reactivation fee, a change of status fee, a renewal fee that will be applied to the delinquent biennium period, and a biennial license renewal fee. (d) The failure of a delinquent status licensee to change the status of the license to active or inactive before the expiration of the current licensure period shall render the license null without any further action by the department. Thereafter, any subsequent licensure shall be as a result of applying for and meeting all requirements imposed on an applicant for new licensure. (e) A business organization shall not be required to take an examination or reexamination. (f) The department shall conduct an investigation to determine whether an applicant, whose license has become null, has met the minimum qualifications for new licensure. (g) Spouses of members of the Armed Forces of the United States shall be exempted from licensure renewal provisions, but only in cases of absence from the state because of their spouses’ duties with the Armed forces. (5) A licensee may make a written request during the renewal period to place his or her license in an inactive status and remit the biennial inactive license renewal fee. The department shall then change the status of the license to inactive status. (a) In the event a licensee wishes to request to change the status of his or license from active to inactive status at any time other than during the renewal period, the licensee shall complete and submit Form DBPR ALU 3, License Maintenance/Status Change Form, effective April 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-10718, and remit a change of status fee. The form can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399. (b) An inactive license may be maintained during each subsequent biennium period by the department in an inactive status upon the payment of a biennial inactive license renewal fee. However, the department shall require a licensee who has been on an inactive status to meet the requirements of Sections 469.004(3) and 469.005(6), F.S. (c) If a licensee makes a written request to the department during the renewal period to activate his or her license from an inactive status to an active status, the department shall impose a reactivation fee in addition to the biennial license renewal fee. (d) If a licensee makes a written request to the department at a time other than during the renewal period to activate his or her license from an inactive status to an active status, the licensee shall complete and submit to the department Form DBPR ALU 4 Request for Change of Status, effective July 2024, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17936, which can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399, and remit a reactivation fee, a change of status fee, and a biennial license renewal fee. (e) In the event a licensee wishes to change the registered name and/or current or physical address other than that designated in the license, such licensee shall complete and submit to the Department Form DBPR ALU 3, License Maintenance/Status Change Form, together with the appropriate transfer fee as specified herein. For an address change or for an individual name change, no fee shall be imposed. For a business name change, a transfer fee shall be imposed. (f) The department shall conduct an investigation to determine whether a licensee has met the minimum qualifications for active licensure. (6) An asbestos consultant, asbestos contractor, business organization or qualifying agent shall not work with an inactive, delinquent, or null license. (7) To reinstate a license from null and void status due to illness or economic hardship, the department shall require the applicant to pay an application fee, a reinstatement fee, and an unlicensed activity fee and to complete one cycle of biennial continuing education requirements for renewal as follows: (a) For an asbestos consultant, the applicant shall complete 4 days of refresher courses related to any of the courses outlined in Section 469.005(2), F.S., which have been approved by the department. (b) For an asbestos contractor, the applicant must complete 2 days of an asbestos abatement project management and supervisor refresher course which has been approved by the department. Rulemaking Authority 455.2035, 455.213, 455.2179, 455.271, 455.273, 455.275, 469.006 469.008, 469.011, 469.014 FS. Law Implemented 455.213, 455.2179, 455.2281, 455.271, 455.273, 455.275, 469.004, 469.005, 469.006, 469.007, 469.008, 469.014 FS. History–New 9-22-94, Amended 10-17-95, 10-29-97, 4-27-00, 3-14-04, 3-23-04, 3-8-15, 11-1-16, 1-1-18, 9-15-19, 4-18-23, 4-7-25. 61E1-3.002 Licensure by Endorsement. (1) To be qualified for licensure by endorsement under s. 469.004(3), F.S., an applicant must: (a) have passed a written examination that meets the requirements of the United States Environmental Protection Agency Asbestos Model Accreditation Plan, (b) have held a valid license to practice as an asbestos consultant or asbestos contractor issued by another state or territory of the United States for at least 10 years before the date of application, (c) be applying for the same or similar license in this state, subject to ss. 469.005(5) and 469.006, F.S., and (d) have completed the courses required by s. 469.005(2), F.S. if an asbestos consultant, or completed the courses required by s. 469.005(3), F.S. if an asbestos contractor. (2) The application for licensure must be made either when the license in the other state or territory is active or within 2 years after such license was last active. (3) The applicant must submit a completed form DBPR ALU 11, Application for Licensure by 10 Year Endorsement, effective July 2024, adopted and incorporated herein by reference, which may be obtained by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-0783, or at http://flrules.org/Gateway/reference.asp?No=Ref-17937. Rulemaking Authority 455.2035, 455.213, 469.011, 469.004, 469.006, 469.008 FS. Law Implemented 469.004, 469.005, 469.006, 469.008 FS. History–New 4-7-25.

Chapter 61E1-4 ASBESTOS BUSINESS LICENSING

Fla. Admin. Code R. 61E1-4 ASBESTOS BUSINESS LICENSING

CHAPTER 61E1-4 ASBESTOS BUSINESS LICENSING 61E1-4.001 Licensure of Business Organizations and Qualifying Agents 61E1-4.002 Financial Responsibility; Definitions; Grounds for Denial 61E1-4.003 Public Liability and Property Damage Insurance 61E1-4.001 Licensure of Business Organizations and Qualifying Agents. (1)(a) As a prerequisite to the initial issuance of a license to a qualifying agent, business organization, or a change in the status of an active business organization license, the applicant shall pay the required fee as provided for in Rule 61E1-3.001, F.A.C., and submit a signed, completed application on Form DBPR ALU 2, Application for Licensure as a Business, effective July 2024, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17939, which can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399. If the applicant proposes to engage in asbestos consulting or asbestos contracting as a partnership, corporation, business trust or other legal entity, or in any name other than the applicant’s legal name, the legal entity must comply with Section 469.006(2), F.S. The applicant must furnish evidence of statutory compliance of Section 865.09, F.S., if a fictitious name is used. (b) The application shall contain the information contained in Sections 469.006(2)(b)1., 2., 3., and 4., F.S.

1. If a limited partnership is formed for the purposes of a joint venture, the qualifying business organization or individual must be a general partner of the joint venture.
2. The applicant's street and mailing address, and where applicable, a current license number. A post office box, by itself, is not acceptable as an address.
3. A list of the previous three completed asbestos projects, including the date of completion, address of the project, and the name of the owner.
4. If the business organization has a financially responsible officer, the financially responsible officer, rather than the qualifying contractor or consultant, shall sign and complete Form DBPR ALU 5, Application for Financially Responsible Officer, effective April 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-10721, together with the appropriate financially responsible officer fee as specified in Rule 61E1-3.001, F.A.C. The form can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399. The application shall include the requirements of Section 469.006(2)(a)2., F.S.
5. If the qualifying agent is a primary qualifying agent, the application shall include the requirements of Section 469.006(2)(a)1., F.S.
6. If the qualifying agent is a secondary qualifying agent, the application shall include the requirements of Section 469.006(2)(a)3., F.S. (c) In order that the department may carry out its statutory duty to investigate the financial responsibility, credit and business reputation of a new applicant for licensure or a change of status of a licensee, an applicant shall be required to forward the following, in addition to the signed, completed application for licensure, to the Department for review:
7. A credit report from any recognized credit bureau which includes liens, judgments, suits and bankruptcy obtained from county, state, and federal records. The credit report must be dated within six (6) months of the date of filing the application. Reports which are limited to only information obtained from the qualifying agent or past or present employers are not acceptable.
8. A signed statement indicating the applicant has obtained and will maintain public liability and property damage insurance in the amounts set forth herein. (2)(a) An applicant may have license(s) issued in his name as an individual or, where applicable, as a qualifying agent for a partnership, corporation, business trust, or other business organization. (b) A license issued to a business organization shall bear the name of the business organization, the name of the qualifying agent noted thereon, the address of the business organization, and the license number of the business organization. (c) Qualification of a business organization is only effective as to that organization; subsidiaries or parents of the qualified business organization must be separately qualified. (d) A license issued to a business organization authorizes the business organization to contract only within the scope of work of the qualifying consultant or contractor’s license. (e) For purposes of this rule, practice as an individual is considered practice as a business organization. Once a licensee qualifies one business organization, any request to qualify another business organization must be approved by the department. The licensee or the new business organization shall supply the same information to the department as is required of initial applicants under this chapter. An applicant shall complete and submit Form DBPR ALU 1, Application for Licensure as an Individual, effective July 2024, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-17938, together with the appropriate fee as specified in Rule 61E1-3.001, F.A.C. The form can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399. (f) If any qualifying agent ceases to be affiliated with a business organization, the agent shall inform the department in writing, listing the name of the business organization and license number, within thirty (30) days of cessation. (g) A business organization which loses its qualifying person shall have sixty (60) days from the date the qualifier terminated his affiliation within which to obtain another qualifying person. (h) For purposes of compliance with Section 469.006(5)(b), F.S., all advertising related to asbestos consulting or contracting must bear each of the qualifying consultant or contractor's individual license number(s) or the business organization’s license number. (i) Any false statement or information submitted by an applicant for licensure, or submitted for renewal of licensure, or for a change of status, shall constitute cause for discipline against the holder of the license. (j) The Department shall investigate for the purpose of corroborating any of the information submitted pursuant to this rule. Rulemaking Authority 455.2035, 455.213, 469.008, 469.011 FS. Law Implemented 455.213, 469.004, 469.005, 469.006, 469.007, 469.008, 559.79 FS. History–New 10-17-95, Amended 10-29-97, 3-23-04, 9-15-19, 4-7-25. 61E1-4.002 Financial Responsibility; Definitions; Grounds for Denial. (1) For purposes of this rule, the phrase “financial responsibility” is defined as the ability to insure the public, laborers, materialmen, suppliers and other parties with whom the applicant will do business as an asbestos consultant or contractor, will not sustain economic losses resulting from the consultant or contractors inability to pay his or her lawful contractual obligations. (2) In determining financial responsibility, the Department shall consider the following grounds: (a) Failure to submit any of the items required by Rule 61E1-4.001, F.A.C. (b) The existence, within the past five years preceding the application, of an unsatisfied court judgement rendered against the applicant based upon the failure of the applicant to pay its just obligations to parties with whom the applicant conducted business as a consultant or contractor. (c) An unfavorable credit report or history as indicated by any of the documents submitted. (d) A determination by the Department that the applicant lacks the financial stability necessary to assure compliance with the standards set forth in subsection (1) of this rule. As guidelines for the determination of financial stability the Department shall consider the applicant’s financial statement and responses to the questions set forth in subsection 61E1-4.001(1), F.A.C. (3) The applicant’s history of bankruptcy is included in the statutory definition of financial responsibility and shall be considered by the Department; however, the fact that an applicant has been or is a debtor in bankruptcy shall not be the sole basis of the Department’s determination to deny the issuance of a license. Rulemaking Authority 455.203(5), 469.011 FS. Law Implemented 469.006, 469.007 FS. History–New 3-23-04. 61E1-4.003 Public Liability and Property Damage Insurance. (1) As a prerequisite to the issuance of a license, the applicant shall submit a signed affidavit attesting the applicant has obtained and will maintain public liability and property damage insurance, in the amounts stated herein. It shall be a violation of this rule for any licensee to fail to continually maintain liability and property damage insurance in amounts set forth herein. (2) To verify the accuracy of the signed affidavit, the Department will conduct random audits of at least 10% of the total number of licensees. Upon written request by the Department, by certified mail, each selected licensee must within thirty days submit proof of coverage, in the form of an original Certificate of Insurance, showing the licensee obtained and continually maintained the proper amount of public liability and property damage within the specified time period set forth in the Department’s request. (3) The Certificate of Insurance must be prepared by a licensed insurance agency and must contain the following information. (a) Date the Certificate of Insurance was issued. (b) Name and license number of insurance agent. (c) Name of insured must reflect the exact name of the entity qualified by applicant. (d) Name of insurance company. (e) Policy number must be on certificate. Binder numbers are not acceptable. (f) Expiration date of policy. (g) The minimum amount of liability and property damage insurance required as a prerequisite to the issuance of a license is:
9. Liability Insurance (including completed operations and products) $100,000/$300,000, and
10. Property Damage Insurance (including completed operations and products) $100,000/$300,000. (h) Certificate holder must be the Department of Business and Professional Regulation. (i) The cancellation notice shall stipulate that, should the public liability and property damage coverage described above, be canceled before the expiration date, the issuing company will mail a thirty-day written notice to the Certificate holder on the Certificate. (j) The agent’s signature. (k) The licensee’s correct license number. (4) The insurance must be in the name of the licensee or the business name appearing on the license. (5) Failure to comply with the Department’s request to submit proof of coverage, which meets the requirements of the Department, will be a violation of this rule. Rulemaking Authority 455.2035, 469.011 FS. Law Implemented 469.006, 469.007 FS. History–New 3-23-04.

Chapter 61E1-5 INSPECTIONS

Fla. Admin. Code R. 61E1-5 INSPECTIONS

CHAPTER 61E1-5 INSPECTIONS 61E1-5.001 Removal of Asbestos-Containing Resilient Floor Cover or its Adhesive 61E1-5.001 Removal of Asbestos-Containing Resilient Floor Cover or its Adhesive. The Department or its contractual designee may periodically inspect and oversee projects concerning the removal of asbestos-containing resilient floor cover or its adhesive. Such inspections shall be for the purposes of determining that the resilient floor covering is a Category I nonfriable material as defined in NESHAP and remains a Category I nonfriable material during removal activity and that all such removal activities are performed in accordance with all applicable asbestos standards of the United States Occupational Safety and Health Administration under 29 C. F. R., Part 1926. Upon completion of such inspections, the Department or its contractual designee shall submit a written report verifying the date, time, place and company performing the removal of the asbestos-containing resilient floor cover or its adhesive and certification that all conditions required pursuant to Section 469.002(3), F.S., have been met. Rulemaking Authority 455.2035, 469.011 FS. Law Implemented 469.002(3) FS. History–New 3-14-04.

Chapter 61E1-6 DISCIPLINARY GUIDELINES

Fla. Admin. Code R. 61E1-6 DISCIPLINARY GUIDELINES

CHAPTER 61E1-6 DISCIPLINARY GUIDELINES 61E1-6.001 Disciplinary Guidelines 61E1-6.001 Disciplinary Guidelines. (1) Whenever the Department finds a licensee guilty of violating a provision of Chapter 469 or 455, F.S., the following Disciplinary Guidelines shall be followed. Penalties imposed by the Department pursuant to Chapter 61E1-6, F.A.C., may be imposed in combination or individually but may not exceed the limitations enumerated below. The identification of violations is descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included: Statutory Violation Description of Violation (This description is a general summary). Penalty Range for First Violation. Penalty Range for Any Subsequent Violations.

(a) Violation of: Section 469.009(1)(a), F.S. Willfully or deliberately disregarding or violating health and safety standards, Florida Statutes or rules promulgated thereunder, or any ordinance. Fine of $1,000 up to $2,500, Censure, Investigative/ Prosecution Costs, Reprimand, Probation, Suspension, Revocation, Deny Issuance/Renewal License. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Deny Issuance/Renewal License.

(b) Violation of: Section 469.009(1)(b), F.S. Violating any provision of Chapter 455, F.S. Fine of $500 up to $2,500, Censure, Investigative/ Prosecution Costs, Reprimand, Continuing Education, Probation, Suspension, Revocation, Deny Issuance/Renewal License. Fine of $2,500 up to $5,000, Investigative/Prosecution Costs, Continuing Education, Probation, Suspension, Revocation, Deny Issuance/Renewal License.

(c) Violation of: Section 469.009(1)(c), F.S. Failing in any material respect to comply with the provisions of this chapter or any rule promulgated hereunder. Fine of $500 up to $1,000, Censure, Investigative/ Prosecution Costs, Reprimand, Continuing Education, Probation, Suspension, Revocation, Deny Issuance/Renewal License. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Continuing Education, Probation, Suspension, Revocation, Deny Issuance/Renewal License.

(d) Violation of: Section 469.009(1)(d), F.S. Acting in the capacity of an asbestos contractor or asbestos consultant under any license issued under this chapter except in the name of the licensee as set forth on the issued license. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Probation, Suspension, Deny Issuance License/Renewal License. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Probation, Suspension, Revocation, Deny Issuance/Renewal License.

(e) Violation of: Section 469.009(1)(e), F.S. Proceeding on any job without obtaining all applicable approvals authorizations, permits, and inspections. Fine of $500 up to $1,000, Censure, Investigative/ Prosecution Costs, Reprimand, Continuing Education, Probation, Suspension. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Continuing Education, Probation, Suspension, Revocation.

(f) Violation of: Section 469.009(1)(f), or 455.227(1)(h), F.S. Obtaining a license by fraud or misrepresentation. Fine of $500 to $2,500, Investigative/Prosecution Costs, Reprimand, Probation, Suspension, Revocation, Deny Issuance/Renewal License. Fine of $2,500 up to $5,000, Investigative/Prosecution Costs, Probation, Suspension, Revocation, Deny Issuance/Renewal License.

(g) Violation of: Section 469.009(1)(g), or 455.227(1)(c), F.S. Being convicted, found guilty, pleading nolo contendere to a crime, in any jurisdiction, that directly relates to the practice or ability to practice. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Censure, Reprimand, Suspension, Revocation. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Suspension, Revocation.

(h) Violation of: Section 469.009(1)(h), F.S. Knowingly violating any building code, lifesafety code, or county or municipal ordinance relating to the practice of asbestos consulting or contracting. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Censure, Reprimand, Continuing Education, Probation, Suspension, Revocation. Fine of $2,500 up to $5,000, Investigative/Prosecution Costs, Continuing Education, Suspension, Revocation.

(i) Violation of: Section 469.009(1)(i), F.S. Performing an act assisting a person or entity in the unlicensed practice of asbestos consulting or contracting, if the licensee knows or has reason to know the person or entity was unlicensed. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Censure, Reprimand, Continuing Education, Probation, Suspension, Revocation. Fine of $1,000 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Continuing Education, Deny Issuance/Renewal License.

(j) Violation of: Section 469.009(1)(j), F.S. Committing mismanagement or misconduct in the practice of contracting causing financial harm to a customer. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Restitution, Suspension, Probation, Continuing Education, Deny Issuance/ Renewal License. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Restitution, Continuing Education, Deny Issuance/Renewal License.

(k) Violation of: Section 469.009(1)(k), or 455.227(1)(f), F.S. Being disciplined by any municipality or county for an act or violation of this chapter. Fine of $500 up to $1,000, Censure, Reprimand, Probation, Suspension, Revocation. Fine of $1,000 up to $5,000, Reprimand, Probation, Suspension, Revocation.

(l) Violation of: Section 469.009(1)(l), F.S. Failing in any material respect to comply with the provisions of Chapter 469, F.S., or violating a rule or lawful order of the department. Fine of $500 up to $1,000, Censure, Investigative/Prosecution Costs, Reprimand, Probation, Suspension, Revocation, Deny Issuance/Renewal License. Fine of $1,000 up to $5,000, Investigative Costs, Probation, Suspension, Revocation, Deny Issuance/Renewal License.

(m) Violation of: Section 469.009(1)(m), F.S. Abandoning an asbestos abatement project in which the asbestos contractor is engaged or under contract as a contractor. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Restitution, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Restitution, Continuing Education, Deny Issuance/Renewal License.

(n) Violation of: Section 469.009(1)(n), F.S. Signing a statement falsely indicating that: 1) work is bonded; or 2) payment has been made for all subcontracted work, labor, and materials, resulting in financial loss to owner, purchaser, or contractor; or 3) workers’ compensation and public liability insurance are provided. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Continuing Education, Deny Issuance/Renewal License.

(o) Violation of: Section 469.009(1)(o), or 455.227(1)(m), F.S. Committing fraud or deceit in the practice of asbestos consulting or contracting. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Restitution, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/Prosecution Costs, Restitution, Continuing Education, Deny Issuance/Renewal License.

(p) Violation of: Section 469.009(1)(p), F.S. Committing incompetency or misconduct in the practice of asbestos consulting or contracting. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Censure, Reprimand, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, or Revocation.

(q) Violation of: Section 469.009(1)(q), F.S. Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property in the practice of asbestos consulting or contracting. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Restitution, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $2,500 up to $5,000 and Probation, Suspension, and/or Revocation; Investigative/ Prosecution Costs, Restitution, Continuing Education, Deny Issuance/Renewal License.

(r) Violation of: Section 469.009(1)(r), F.S. Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under Part I of Chapter 713, F.S., or a notice to contractor under Chapter 255 or Part I of Chapter 713, F.S. Fine of $1,000 up to $2,500, Investigative/Prosecution Costs, Censure, Reprimand, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation. Fine of $2,500 up to $5,000 and Probation, Suspension, Revocation; Investigative/ Prosecution Costs, Censure, Reprimand, Continuing Education, Deny Issuance/Renewal License.

(s) Violation of: Section 469.009(1)(s), F.S. Failing to satisfy, within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee’s profession. Fine of $500 up to $1,000, Investigative/Prosecution Costs, Censure, Reprimand, Suspension, Probation, Continuing Education, Deny Issuance/ Renewal License, Revocation. Fine of $1,000 up to $5,000, Investigative/Prosecution Costs, Suspension, Probation, Continuing Education, Deny Issuance/Renewal License, Revocation.

(2) Minor Violations. (a) Subject to the limitations imposed by this rule, the following violations are designated as minor for the purposes of Section 455.225(3), F.S.

1. Violation of Section 469.006(5)(a), F.S.
2. Violation of Section 469.006(5)(b), F.S. (b) The designation of violations as minor for the purposes of Section 455.255(3), F.S., is limited to initial violations. Rulemaking Authority 455.225(3), 455.2273, 469.011 FS. Law Implemented 455.225(3), 455.2273, 469.009 FS. History‒New 9-19-16.

Division 61E13 Pilotage Rate Review Committee

Chapter 61E13-2 APPLICATION PROCEDURES

Fla. Admin. Code R. 61E13-2 APPLICATION PROCEDURES

CHAPTER 61E13-2 APPLICATION PROCEDURES 61E13-2.001 Definitions (Transferred) 61E13-2.002 Pilotage Rates (Repealed) 61E13-2.004 Initiation of Rate Change (Repealed) 61E13-2.005 Contents of Application by a Pilot (Transferred) 61E13-2.006 Contents of Application by Persons Other Than a Pilot (Transferred) 61E13-2.007 Processing of Application (Transferred) 61E13-2.009 Effective Date of Orders (Repealed) 61E13-2.010 Notice of Intended Agency Action (Transferred) 61E13-2.011 Request for Hearing Pursuant to the Administrative Procedure Act (Repealed) 61E13-2.012 Determination of Disputed Issues of Material Fact; Formal or Informal Hearings (Transferred) 61E13-2.015 Analysis of Data for Request of Changes of Rates (Repealed) 61E13-2.001 Definitions. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151 FS. History–New 8-8-95, Amended 10-14-97, Transferred to 61G14-22.001. 61E13-2.002 Pilotage Rates. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151 FS. History–New 8-8-95, Repealed 3-31-09. 61E13-2.004 Initiation of Rate Change. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151 FS. History–New 8-8-95, Repealed 5-19-10. 61E13-2.005 Contents of Application by a Pilot. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151(2), (3) FS. History–New 8-8-95, Amended 10-14-97, Transferred to 61G14-22.005. 61E13-2.006 Contents of Application by Persons Other Than a Pilot. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151 FS. History–New 8-8-95, Amended 10-14-97, Transferred to 61G14-22.006. 61E13-2.007 Processing of Application. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151 FS. History–New 8-8-95, Amended 10-14-97, Transferred to 61G14-22.007. 61E13-2.009 Effective Date of Orders. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151 FS. History–New 8-8-95, Repealed 5-19-10. 61E13-2.010 Notice of Intended Agency Action. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151, 120.57 FS. History–New 8-8-95, Transferred to 61G14-22.010. 61E13-2.011 Request for Hearing Pursuant to the Administrative Procedure Act. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151, 120.57 FS. History–New 8-8-95, Repealed 5-19-10. 61E13-2.012 Determination of Disputed Issues of Material Fact; Formal or Informal Hearings. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151, 120.57 FS. History–New 8-8-95, Amended 10-14-97, Transferred to 61G14-22.012. 61E13-2.015 Analysis of Data for Request of Changes of Rates. Rulemaking Authority 310.151(1)(c) FS. Law Implemented 310.151 FS. History–New 8-8-95, Repealed 3-31-09.

Division 61E14 Regulatory Council of Community Association Managers

Chapter 61E14-1 Licensure

Fla. Admin. Code R. 61E14-1 Licensure

CHAPTER 61E14-1 LICENSURE 61E14-1.001 Prelicensure Education Requirements 61E14-1.002 Examination for Manager’s License 61E14-1.003 Reexamination 61E14-1.004 Examination Review (Repealed) 61E14-1.005 Null and Void Status 61E14-1.001 Prelicensure Education Requirements. (1) All community association manager applicants must satisfactorily complete a minimum of 16 in-person classroom hours of instruction of 50 minutes each within 12 months prior to the date of examination. No applicant shall be allowed to take the licensure examination unless the applicant provides documentation of completion of the requisite prelicensure education. Each contact hour shall consist of at least 50 minutes of classroom instruction. (2) The 16 hours of prelicensure education shall be comprised of courses in the following areas: (a) State and federal laws relating to the operation of all types of community associations, governing documents, and state laws relating to corporations and nonprofit corporations – 20%; (b) Procedure for noticing and conducting community association meetings – 25%; (c) Preparation of Community Association Budgets and Community Association Finances – 25%; (d) Insurance matters relating to Community Associations – 12%; and (e) Management and maintenance – 18%; (3) In-person classroom hours of instruction means that required hours must be in person or from interactive, real-time courses. An interactive, real-time course may be a web-based, satellite-transmitted, telephone or video conference, or online instruction program that allows or requires the applicant to interact in real-time, including live chat, with the instructor during the presentation of the program or in a question and answer session upon completion of the program. Rulemaking Authority 468.4315(2), 468.433(2)(d) FS. Law Implemented 468.433(2)(d) FS. History–New 1-3-01, Formerly 61-20.5011, Amended 8-15-19, 3-14-21. 61E14-1.002 Examination for Manager’s License. (1) An examination candidate must achieve a scaled score of 75 or higher in order to achieve a passing grade on the examination. (2) The examination for a community association manager’s license as approved by the Council must test the applicant’s knowledge of the subjects in subsection 61E14-1.001(2), F.A.C., with the corresponding approximate percentages of questions to the examination as a whole. Rulemaking Authority 468.4315 FS. Law Implemented 455.217, 468.433 FS. History–New 5-5-88, Amended 3-22-89, 8-17-89, 12-28-92, Formerly 7D-55.005, Amended 11-23-93, 10-9-94, Formerly 61B-55.005, Amended 5-4-97, 7-30-97, Formerly 61-20.502, Amended 1-5-10. 61E14-1.003 Reexamination. If an examination candidate fails to achieve a passing grade on the examination, the candidate may re-apply in writing for reexamination with the (appropriate fees) fees provided in Rule 61E14-3.001, F.A.C. An examination candidate may only apply for reexamination within one year from the date of certification of the original application for a community association manager’s license by the Department. Rulemaking Authority 468.4315(2), 455.217(2) FS. Law Implemented 455.217(2) FS. History–New 8-28-97, Formerly 61-20.5021, Amended 1-5-10. 61E14-1.004 Examination Review. Rulemaking Authority 455.217(3), 468.4315(2) FS. Law Implemented 455.217(3) FS. History–New 1-8-98, Formerly 61-20.5022, Repealed 9-8-16. 61E14-1.005 Null and Void Status. Any person desiring licensure as a Community Association Manager from null and void status shall submit a completed Form DBPR CAM 5, Application to Reinstate Null and Void License, effective December, 2014, adopted and incorporated by reference in Rule 61-35.020, F.A.C., Community Association Management Departmental Forms. Rulemaking Authority 455.271(6)(a) FS. Law Implemented 455.271(6)(a), 468.433 FS. History–New 5-25-20.

Chapter 61E14-2 Professional Conduct

Fla. Admin. Code R. 61E14-2 Professional Conduct

CHAPTER 61E14-2 PROFESSIONAL CONDUCT 61E14-2.001 Standards of Professional Conduct 61E14-2.001 Standards of Professional Conduct. Licensees shall adhere to the following provisions, standards of professional conduct, and such provisions and standards shall be deemed automatically incorporated, as duties of all licensees, into any written or oral agreement for the rendition of community association management services. (1) Definitions. As used in this rule, the following definitions apply: (a) “Licensee” means a person licensed pursuant to Sections 468.432(1) and (2), F.S. (b) “Community Association Management Services” means performing any of the practices requiring specialized knowledge, judgment, and management skill as defined in Section 468.431(2), F.S. (c) “Funds” as used in this rule includes money and negotiable instruments including checks, notes and securities. (d) “Advertisement” and “Advertising” in this rule shall mean any statements, oral, written, or by electronic means dissemintated to or before the public or any portion thereof, with the intent of furthering the purpose, either directly or indirectly, of selling professional services, or offering to perform professional services, or inducing members of the public to enter into any obligation relating to such professional services. The terms advertisement and advertising shall include the name under which professional services are performed, and include business stationeary but not promotional novelties such as balloons, pencils, trinkets, or articles of clothing. (2) Professional Standards. During the performance of community association management services, a licensee shall do the following: (a) Comply with the requirements of the governing documents by which a community association is created or operated. (b) Only deposit or disburse funds received by the community association manager or management firm on behalf of the association for the specific purpose or purposes designated by the board of directors, community association management contract or the governing documents of the association. (c) Perform all community association management services required by the licensee’s contract to professional standards and to the standards established by Section 468.4334(1), F.S. (d) In the event of a potential conflict of interest, provide full disclosure to the association and obtain authorization or approval. (e) Respond to, or refer to the appropriate responsible party, a Notice of Violation or any such similar notification from an agency seeking to impose a regulatory penalty upon the association within the time frame specified in the notification. (f) The license number of a licensee shall be stated in each offer of services, business proposal, advertisement, or advertising, regardless of medium, used by the licensee. (g) Upon a lawful request for copies of the association’s official records in subsection (3), the licensee must provide a copy of the record(s) in the medium requested if the licensee maintains the record in that medium. (3) Records. During the performance of community association management services pursuant to a contract with a community association, a licensee shall not: (a) Withhold possession of the association’s official records, in violation of Section 718.111(12), 719.104(2) or 720.303(5), F.S., or original books, records, accounts, funds, or other property of a community association when requested by the association to deliver the same to the association upon reasonable notice. Reasonable notice shall extend no later than 10 business days after termination of any management or employment agreement and receipt of a written request from the association. The manager may retain those records necessary for up to 20 days to complete an ending financial statement or report. Failure of the association to provide access or retention of accounting records to prepare the statement or report shall relieve the manager of any further responsibility or liability for preparation of the statement or report. The provisions of this rule apply regardless of any contractual or other dispute between the licensee and the association. (b) Deny or delay access to association official records to an owner or his or her authorized representative who is entitled to access within the timeframe and under the procedures set out in Section 718.111(12), 719.104(2) or 720.303(5), F.S. (c) Create false records or alter the official records of an association in violation of Sections 718.111(12), 719.104(2) or 720.303(4), F.S., or of the licensee except in such cases where an alteration is permitted by law (e.g., the correction of minutes per direction given at a meeting at which the minutes are submitted for approval). (d) Fail to maintain the records for a community association manager or management firm or the official records of any applicable association, as required by Section 718.111(12), 719.104(2) or 720. 303(4), F.S. Rulemaking Authority 468.4315(2) FS. Law Implemented 468.431(2), 468.4315(2), 468.4334, 468.436 FS. History–New 5-5-88, Amended 2-5-91, Formerly 7D-55.007, 61B-55.007, Amended 1-8-98, 5-31-99, Formerly 61-20.503, Amended 4-21-10, 2-4-15, 12-6-15, 10-4-20, 6-7-23.

Chapter 61E14-3 Fees and Assessments

Fla. Admin. Code R. 61E14-3 Fees and Assessments

CHAPTER 61E14-3 FEES AND ASSESSMENTS 61E14-3.001 Fees 61E14-3.002 Special Assessment (Repealed) 61E14-3.001 Fees. The following fees are adopted by the Council: (1) Application fee for a Community Association Manager’s License $50.00 (2) Fingerprint processing fee $47.00 (3) Examination fee: When the examination is not conducted by a professional testing service pursuant to Section 455.2171, F.S., $100.00 payable to the Department. When the examination is conducted by a professional testing service pursuant to Section 455.2171, F.S., $50.50 payable to the Department plus $49.50 payable to the testing service. (4) Re-examination fee: When the examination is not conducted by a professional testing service pursuant to Section 455.2171, F.S., $100.00 payable to the Department. When the examination is conducted by a professional testing service pursuant to Section 455.2171, F.S., $50.50 payable to the Department $49.50 payable to the testing service. (5) Examination review fee $50.00 (6) Initial license fee $100.00 (7) Renewal fees. (a) The biennial renewal fee for a licensee renewing as active $100.00 (b) The biennial renewal fee for a licensee renewing as inactive $100.00 (8) Delinquent license fee. A delinquent status licensee shall pay a delinquent license fee when the licensee applies for active or inactive status $25.00 (9) Unlicensed activity fee for initial licensure and license renewal $5.00 (10) Reactivation fee for reactivating an inactive license $25.00 (11) Change of status processing fee. A licensee shall pay a change of status processing fee to change the licensee’s status at any time other than the beginning of a licensure period $15.00 (12) Application fee for continuing education providers $250.00 (13) The renewal fee for continuing education providers $250.00 (14) Application fee for prelicensure education providers $250.00 (15) The renewal fee for prelicensure education providers $250.00 Rulemaking Authority 468.4315 FS. Law Implemented 455.2171, 455.2281, 455.271, 468.4315(2), 468.433, 468.435 FS. History–New 5-4-97, Amended 5-10-98, 9-9-98, 2-11-99, 3-13-00, 11-2-00, 1-3-01, 7-15-02, 12-14-03, 7-13-04, 6-26-06, Formerly 61-20.504, Amended 6-22-16, 7-25-18, 10-24-22. 61E14-3.002 Special Assessment. Rulemaking Authority 455.219(2) FS. Law Implemented 455.219(2) FS. History–New 6-18-02, Formerly 61-20.505, Repealed 3-24-21.

Chapter 61E14-4 Continuing Education

Fla. Admin. Code R. 61E14-4 Continuing Education

CHAPTER 61E14-4 CONTINUING EDUCATION 61E14-4.001 Continuing Education Renewal Requirements 61E14-4.002 Continuing Education Provider Approval 61E14-4.003 Continuing Education Course Approval 61E14-4.004 Reactivation Continuing Education 61E14-4.005 Prelicensure Education Provider Approval 61E14-4.001 Continuing Education Renewal Requirements. (1) All community association manager licensees must satisfactorily complete a minimum of 15 hours of continuing education per biennial licensure renewal cycle. Each hour shall consist of 50 minutes of student involvement in approved classroom, correspondence, interactive, distance education or internet courses. No license shall be renewed unless the licensee has completed the required continuing education. (2) Only continuing education courses approved by the Council shall be valid for purposes of licensee renewal. (3) The required 15 hours of continuing education shall be comprised of courses approved pursuant to Rule 61E14-4.003, F.A.C., in the following areas: (a) 3 hours of legal update seminars. The legal update seminars shall consist of instruction regarding changes to Chapters 455, 468, Part VIII, 617, 718, 719, 720, and 721, F.S., and other legislation, case law, and regulations impacting community association management. Licensees shall not be awarded continuing education credit for completing the same legal update seminar more than once even if the seminars were taken during different years. (b) 3 hours of instruction on insurance and financial management topics relating to community association management. (c) 3 hours of instruction on the operation of the community association’s physical property. (d) 3 hours of instruction on human resources topics relating to community association management. Human resources topics include, but are not limited to, disaster preparedness, employee relations, and communications skills for effectively dealing with residents and vendors. (e) 3 hours of additional instruction in any area described in paragraph (3)(b), (c) or (d) of this rule or in any course or courses directly related to the management or administration of community associations. or any course or courses directly related to community association management services to homeowner associations including recordkeeping. (4) All community association manager licensees providing community association management services to homeowner associations must satisfactorily complete a minimum of 5 hours of continuing education per licensure renewal cycle that pertains specifically to homeowners associations, 3 hours of which must relate to recordkeeping. Each hour shall consist of 50 minutes of student involvement in approved classroom, correspondence, interactive, distance education, or internet courses. No license shall be renewed unless the licensee has completed the required continuing education. (5) No licensee will receive credit, for purposes of meeting the continuing education requirement, for completing the same continuing education course more than once during a biennial licensure renewal cycle. (6) Course instructors may receive continuing education credit hours in the amount of hours approved by the Council for licensees only once every biennial licensure renewal cycle for each approved course taught by the instructor. (7) Anyone licensed for more than 24 months at renewal time will be required to have complied with the continuing education requirements set forth in subsection (1) above, prior to license renewal. “More than 24 months” means 24 months plus 1 day. Licensees licensed for 24 months or less at renewal time are exempt from compliance with the continuing education requirements set forth in subsection (1) above, until the end of the next licensure renewal cycle. Rulemaking Authority 455.2123, 455.2124, 468.4315(2), 468.4336, 468.4337 FS. Law Implemented 455.2123, 455.2124, 468.4336, 468.4337 FS. History–New 5-5-88, Amended 3-22-89, 2-5-91, 12-28-92, Formerly 7D-55.008, 61B-55.008, Amended 10-18-99, 3-13-00, 2-21-01, 7-21-03, 4-25-05, 2-28-07, Formerly 61-20.508, Amended 2-1-15, 5-18-15, 8-15-19, 11-18-24. 61E14-4.002 Continuing Education Provider Approval. (1) A continuing education provider is a person or entity approved pursuant to this rule to conduct continuing education courses for community association managers. (2) Any person or organization desiring approval or renewal as a Community Association Management continuing education provider shall apply to the Department in writing upon forms prepared and furnished by the Department, a link to which can be found at Rule 61-35.020, F.A.C. (3) Each provider application shall contain the following information, and shall be accompanied by the following documentation and other information as required by the Council: (a) The name, address, telephone number, fax number, and email address of a contact person who will fulfill the reporting and documentation requirements for provider approval. The provider shall notify the Council of any change of contact person within ten (10) days of the actual change. (b) The identity and qualifications of all instructors who will be presenting courses during the period of providership. These qualifications at a minimum shall include instructional experience and:

1. A bachelor’s degree and 2 years experience in the subject matter being taught; or
2. An associate’s degree and 4 years experience in the subject matter being taught; or
3. Six years experience in the subject matter being taught. Should additional instructors be added during the period of providership, the provider shall notify the Council in writing of the new instructor’s qualifications at least 30 days prior to actually conducting the course. (c) The appropriate continuing education provider application fee pursuant to subsection 61E14-3.001(13), F.A.C. (4) Continuing education provider status shall be valid from the date of approval until May 31 of every odd numbered year. Providers may renew their provider status within 90 days of May 31 of the odd numbered year. Those seeking renewal of provider status must reapply in a format acceptable to the Department and submit the appropriate renewal fee pursuant to subsection 61E14-3.001(14), F.A.C. Providers who fail to renew their provider status on a timely basis in accordance with this rule shall not offer or advertise a course as an approved course for continuing education. Renewal of provider status shall be for a two year period until May 31 of the next odd numbered year. (5) Once approved, providers shall comply with the following requirements: (a) When advertising approved courses, providers shall disclose the course approval number and the number of contact hours assigned by the Council and the course subject area. Providers shall not advertise courses as approved courses until they are actually approved by the Council. (b) Providers shall maintain a system of recordkeeping which provides for storage of approved course offerings information. (c) Records of individual courses shall be maintained by the provider for 6 years and shall be available for inspection by the Council and the Department or the Department’s designee. (d) An attendance record shall be maintained by the provider for 6 years and shall be available for inspection by the Council and the Department or the Department’s designee. Providers must electronically provide to the Department a list of attendees taking a course within five (5) business days of the completion of the course. For home study courses, the provider must electronically supply the list of those individuals successfully completing the course by the 5th of the month following the calendar month in which the provider received documentation and was able to determine the successful completion of the course by the individual. The list and a certificate of attendance provided to the participant shall include the provider’s name, the name and license number of the attendee, the date the course was completed and course approval number and the total number of hours successfully completed in each type of continuing education credit granted as described in subsection 61E14-4.001(3), F.A.C. If the instructor is receiving credit as set forth in subsection 61E14-4.001(5), F.A.C., the instructor shall be listed as an attendee with the same information required above. Providers shall maintain security of attendance records and certificates. (e) All information or documentation, including electronic course rosters, submitted to the Council or the Department shall be submitted in a format acceptable to the Council and the Department. Failure to comply with the time and form requirements will result in disciplinary action taken against the provider. No provider may reapply for continuing education provider status until at least two (2) years have elapsed since the entry of the final order against the provider. (f) Providers shall assure that sales presentations shall not be conducted during, immediately before or after the administration of any courses approved pursuant to this rule. (6) A continuing education provider initially approved during the last 90 days prior to May 31 of an odd numbered year, shall not be required to reapply as a condition for renewing provider status. (7) The Council shall deny continuing education provider status to any applicant who submits false, misleading or deceptive information or documentation to the Council. (8) The Council retains the right and authority to audit courses offered by any provider approved pursuant to this rule. (9) The Council shall rescind the provider status or reject individual courses offered by a provider if the provider disseminates any false or misleading information in connection with the continuing education course, or if the provider or its instructor(s) failed to conform to and abide by the rules of the Council or the Department or are in violation of any of the provisions of Chapter 468, Part VIII or 455, F.S. (10) The Council shall utilize expert groups or individuals as appropriate in implementing these rules. Rulemaking Authority 468.4315(2), (3) FS. Law Implemented 455.2179, 468.4337 FS. History–New 5-14-98, Amended 3-13-00, 2-5-01, 3-19-01, Formerly 61-20.5081, Amended 10-17-10, 12-5-22. 61E14-4.003 Continuing Education Course Approval. (1) Continuing education courses shall be valid for purposes of the continuing education requirement only if such courses have been approved by the Council. The Council shall approve a course as a continuing education course for the purpose of this rule when the following requirements are met: (a) Any person or organization desiring approval or renewal of a Community Association Management continuing education course shall apply to the Department in writing upon forms prepared and furnished by the Department, a link to which can be found at Rule 61-35.020, F.A.C. (b) A course outline is submitted to the Council, along with the application, which describes the course’s content and subject matter. A course outline shall address the following:
4. Learner Objectives. Objectives shall describe expected learner outcomes, how learner outcomes will be evaluated, and describe how the objectives will be obtained. The objectives shall describe the content, teaching methodology and plan for evaluation.
5. Subject Matter. The content shall be specifically designed to meet the objectives and the stated level and learning needs of community association managers. Specifically, it shall address one or more of the subject areas outlined in subsection 61E14-4.001(3), F.A.C.
6. Materials and Methods. It shall be demonstrated to the Council that:
   1. Learning experiences and teaching methods are appropriate to achieve the objectives;
   2. Time allotted for each activity shall be sufficient for the learner to meet the objectives;
   3. Principles of adult education are utilized in determining teaching strategies and learning activities; and
   4. Currency and accuracy of subject matter will be documented by references or bibliography.
7. Evaluation. Participants are given an opportunity to evaluate learning experiences, instructional methods, facilities and resources used for the course. (c) A list of all instructors for the course, which shall include names, addresses, e-mail addresses and telephone numbers, shall accompany the course approval application. (d) The course approval application must be accompanied by an approved provider number or the applicant must simultaneously apply for continuing education provider status pursuant to Rule 61E14-4.002, F.A.C. (2) The course provider shall submit to the Council a sample continuing education course certificate of completion that complies with paragraph 61E14-4.002(5)(d), F.A.C., that is given to each course participant if the participant completes the course. In addition to the information required by paragraph 61E14-4.002(5)(d), F.A.C., the certificate shall be provided to the course participant at the completion of the course. The certificate of completion shall contain, on its face, the following statement in capital letters in at least 12 point type: IF YOU HAVE ANY CONCERNS THAT THE COURSE YOU HAVE JUST COMPLETED DID NOT MEET THE LEARNING OBJECTIVES SET OUT IN THE COURSE MATERIALS, DID NOT COVER THE SUBJECT MATTER OF THE COURSE, OR WAS A SALES PRESENTATION; PLEASE CONTACT THE COUNCIL’S OFFICE IN WRITING AT: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANAGERS 2601 BLAIR STONE ROAD, TALLAHASSEE, FLORIDA 32399-0771 (3) Course approvals are valid for 24 months from the date of issuance. Providers must reapply for course approval within 90 days from the expiration of the 24 month period. Written application and course approval shall be in the same form as set forth in paragraph (1)(a) above. The Council shall be notified of any substantive changes made to approved courses during this period. Course approval shall be rescinded by the Council if such notification is not made or the changes fail to otherwise conform to this rule. Course approvals shall be automatically rescinded if the provider approval expires or is rescinded by disciplinary action or otherwise. (4) Continuing education courses approved prior to the effective date of this rule remain valid for the purposes of fulfilling the continuing education requirement until the course approval expires. Rulemaking Authority 468.4315(2), 468.433 FS. Law Implemented 468.433, 468.4337 FS. History–New 3-13-00, Amended 2-5-01, 3-19-01, Formerly 61-20.5082, Amended 10-17-10, 12-5-22. 61E14-4.004 Reactivation Continuing Education. (1) Inactive Licenses. As a condition for reactivating an inactive license, a licensee must complete fifteen (15) classroom hours of continuing education instruction, as required by Rule 61E14-4.001, F.A.C., all of which must have been completed within the current or immediately preceding licensure renewal cycles. (2) Delinquent Licenses. As a condition for reactivating a delinquent license, a licensee must complete fifteen (15) classroom hours of continuing education instruction, as required by Rule 61E14-4.001, F.A.C., all of which must have been completed during the licensure cycle in which the licensee becomes delinquent. (3) All inactive or delinquent licensees applying for reactivation must take the legal update seminars required by paragraph 61E14-4.001(3)(a), F.A.C., for the current and immediately preceding year. Rulemaking Authority 468.4315, 468.4338 FS. Law Implemented 455.271(4), (10), 468.4338 FS. History–New 1-8-98, Amended 3-13-00, Formerly 61-20.509, Amended 1-5-10, 5-18-15, 8-15-19. 61E14-4.005 Prelicensure Education Provider Approval. (1) A prelicensure education provider is a person or entity approved pursuant to this rule to conduct prelicensure education courses for community association managers. (2) Any person or organization desiring approval as a Community Association Management pre-licensure education provider shall apply to the Department in writing upon forms prepared and furnished by the Department, a link to which can be found at Rule 61-35.020, F.A.C. (3) Each provider application shall contain the following information, and shall be accompanied by the following documentation and other information as required. (a) The name, address, telephone number, fax number, and e-mail address of a contact person who will fulfill the reporting and documentation requirements for provider approval. The provider shall notify the Council of any change of contact person within ten (10) days of the actual change. (b) The identity and qualifications of all instructors who will be presenting courses during the period of providership. These qualifications at a minimum shall include instructional experience; and
8. A bachelor’s degree and 2 years experience in the subject matter being taught; or
9. An associate’s degree and 4 years experience in the subject matter being taught; or
10. Six years experience in the subject matter being taught. Should additional instructors be added during the period of providership, the provider shall notify the Council in writing of the new instructor’s qualifications at least thirty (30) days prior to actually conducting the course. (c) The appropriate prelicensure education provider application fee pursuant to subsection 61E14-3.001(15), F.A.C. (d) A course outline which describes the course’s content and subject matter. A course outline shall address the following:
11. Learner Objectives. Objectives shall describe expected learner outcomes, how learner outcomes will be evaluated, and describe how the objectives will be obtained. The objectives shall describe the content, teaching methodology and plan for evaluation.
12. Subject Matter. The content shall be specifically designed to meet the objectives and the stated level and learning needs of community association managers. Specifically, it shall address one or more of the subject areas outlined in subsection 61E14-1.001(2), F.A.C.
13. Materials and Methods. It shall be demonstrated to the Council that:
    1. Learning experiences and teaching methods are appropriate to achieve the objectives;
    2. Time allotted for each activity shall be sufficient for the learner to meet the objectives;
    3. Principles of adult education are utilized in determining teaching strategies and learning activities; and
    4. Currency and accuracy of subject matter will be documented by references or bibliography.
14. Evaluation. Participants are given an opportunity to evaluate learning experiences, instructional methods, facilities and resources used for the course. (4) Prelicensure education provider status shall be valid from the date of approval until May 31 of every even numbered year. Those seeking renewal of provider status must reapply on Forms DBPR 0020-1 and DBPR CAM 4306, referenced in subsection (2) above, to the Department and submit the appropriate renewal fee pursuant to subsection 61E14-3.001(16), F.A.C. Providers who fail to renew their provider status on a timely basis in accordance with this rule shall not offer or advertise a course as an approved course for prelicensure education. (5) Once approved, providers shall comply with the following requirements: (a) When advertising courses, providers shall disclose the number of hours assigned by the Council and the course subject area. Providers shall not advertise courses until they are actually approved by the Council. (b) Providers shall maintain a system of record keeping which provides for storage of course offerings information. (c) Records of individual courses shall be maintained by the provider for 4 years and shall be available for inspection by the Council. (d) Providers shall furnish each participant with an individual certificate of attendance and completion of the course. A roster of participants shall be maintained by the provider for 4 years and shall be available for inspection by the Council. Providers shall maintain security of attendance records and certificates. (e) The course provider shall submit to the Council a sample certificate of course completion that the course instructor shall provide each course participant if the participant completes the course. Such certificate shall include the course participant’s name, the title of the course, prelicensure education category, date completed and number of hours. The certificate shall be provided to the course participant at the completion of the course. The certificate of course completion shall contain, on its face, the following statement in capital letters in at least 12 point type: IF YOU HAVE ANY CONCERNS THAT THE COURSE YOU HAVE JUST COMPLETED DID NOT MEET THE LEARNING OBJECTIVES SET OUT IN THE COURSE MATERIALS, DID NOT COVER THE SUBJECT MATTER OF THE COURSE, OR WAS A SALES PRESENTATION; PLEASE CONTACT THE COUNCIL’S OFFICE IN WRITING AT: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANAGERS, 2601 BLAIR STONE ROAD, TALLAHASSEE, FLORIDA 32399-0771. (f) All information or documentation submitted to the Council or the Department shall be submitted in a format acceptable to the Council and the Department. (g) Providers shall assure that sales presentations shall not be conducted, immediately before or after the administration of any courses pursuant to this rule. (6) A prelicensure education provider initially approved during the last 90 days prior to May 31 of an even numbered year, shall not be required to reapply as a condition for renewing provider status. (7) The Council shall deny prelicensure education provider status to any applicant who submits false, misleading or deceptive information or documentation to the Council. (8) The Council shall rescind the provider status if the provider disseminates any false or misleading information in connection with the prelicensure education course, or if the provider or its instructor(s) failed to conform to and abide by the rules of the Council or are in violation of any of the provisions of Chapter 468, Part VIII or 455, F.S. Rulemaking Authority 468.4315(2), 468.433(2)(d) FS. Law Implemented 468.433(2)(d) FS. History–New 1-3-01, Formerly 60-20.510, Amended 10-17-10, 12-5-22.

Chapter 61E14-5 Disciplinary Guidelines

Fla. Admin. Code R. 61E14-5 Disciplinary Guidelines

CHAPTER 61E15-5 DISCIPLINARY GUIDELINES 61E14-5.003 Notice of Non-Compliance 61E14-5.003 Notice of Non-Compliance. In accordance with Section 455.225(3), F.S., when a complaint is received, the Department may provide a licensee with a notice of non-compliance for an initial offense of a minor violation. Failure of a licensee to take action in correcting the violation within 15 days after notice may result in the institution of regular disciplinary proceedings. The Council hereby designates the following as “minor violations” as used in Section 455.225(3), F.S., for which a notice of non-compliance may be provided: (1) Violations of paragraph 61E14-2.001(3)(a), F.A.C.: Withholding possession of any original books, records, accounts, funds, or other property of a community association when requested by the community association to deliver the same to the association upon reasonable notice. (2) Violations of paragraph 61E14-2.001(3)(b), F.A.C.: Denying or delaying access to association official records to an owner or his or her authorized representative who is entitled to access within the timeframe and under the procedures set out in Sections 718.111(12), 719.104(2), or 720.303(5)(4), F.S. (3) Violations of paragraph 61E14-2.001(3)(d), F.A.C.: Failure to maintain the records for a community association manager or management firm or the official records of any applicable association, as required by Sections 718.111(12), 719.104(2), or 720.303(4), F.S. Rulemaking Authority 468.4315, 455.225(3) FS. Law Implemented 120.695, 455.225(3) FS. History–New 9-9-13, Amended 9-30-15.

Chapter 61E14-6 Unexcused Absences

Fla. Admin. Code R. 61E14-6 Unexcused Absences

CHAPTER 61E14-6 UNEXCUSED ABSENCES 61E14-6.001 Unexcused Absences 61E14-6.001 Unexcused Absences. (1) No council member may be absent from three (3) consecutive council meetings, or 50 percent or more of the council’s meetings within any 12-month period, unless those absences are excused by the council chair, acting chair, or majority vote of the council. Reasons for granting excused absences shall be the following: (a) Illness or injury of the council member; (b) Illness, injury or death of a member of the council member’s family; (c) Court order, subpoena, or business with a court which has the sole prerogative of setting the date of such business; (d) Unavoidable travel delays or cancellations; (e) Any conflict or extraordinary circumstance or event approved by the council Chair. (2) An otherwise excused absence is not excused if the council member fails to notify the council office of the impending absence prior to the regularly scheduled meeting at which the absence will occur. If failure to notify the council office is the result of circumstances surrounding the reason for the absence, the absence may be excused by the council chair, acting chair, or majority vote of the council, after the absence has occurred. (3) Unexcused absences as set forth in subsection (1), will be reported to the Department. Rulemaking Authority 455.207(3), 468.4315, FS. Law Implemented 455.207(3), 468.4315, FS. History–New 12-27-17.

Division 61E12 Water and Wastewater Treatment Plant Operators

Chapter 61E12-41 WATER AND WASTEWATER TREATMENT PLANT OPERATORS

Fla. Admin. Code R. 61E12-41 WATER AND WASTEWATER TREATMENT PLANT OPERATORS

CHAPTER 61E12-41 WATER AND WASTEWATER TREATMENT PLANT OPERATORS 61E12-41.002 Definitions (Repealed) 61E12-41.003 Qualifications for Operator Certification (Repealed) 61E12-41.004 Applications for Certification from Persons with Actual Experience (Repealed) 61E12-41.005 Examinations; Forms for Certification (Repealed) 61E12-41.006 Operator Certification (Repealed) 61E12-41.007 Renewal of Operator Certificates (Repealed) 61E12-41.009 Denial of Application or Renewal of Certificates; Notice of Denial or Renewal (Repealed) 61E12-41.010 Duties of Operators (Repealed) 61E12-41.011 Fees (Repealed) 61E12-41.013 Grounds for Disciplinary Proceedings (Repealed) 61E12-41.014 Citations (Repealed) 61E12-41.016 Suspension and Revocation of Operator Certificates (Repealed) 61E12-41.017 Disciplinary Guidelines; Aggravating and Mitigating Circumstances (Repealed) 61E12-41.018 Actual Experience for Operator Certification (Repealed) 61E12-41.002 Definitions. Specific Authority 455.213, 468.545 FS. Law Implemented 120.52(9), 468.542, 468.545, 468.548 FS., Section 4, Chapter 92-75, Laws of Florida. History–New 11-2-93, Amended 7-5-94, 7-12-95, Repealed 1-12-09.

61E12-41.003 Qualifications for Operator Certification. Specific Authority 468.545, 468.548 FS. Law Implemented 468.543, 468.548 FS., Section 4, Chapter 92-75, Laws of Florida. History–New 11-2-93, Amended 7-5-94, 7-15-96, Repealed 1-12-09.

61E12-41.004 Applications for Certification from Persons with Actual Experience. Specific Authority 468.545 FS. Law Implemented 468.545, 468.548 FS., Section 4, Chapter 92-75, Laws of Florida. History–New 11-2-93, Amended 7-5-94, Repealed 1-12-09.

61E12-41.005 Examinations; Forms for Certification. Specific Authority 468.545 FS. Law Implemented 455.217(2), 468.545, 468.547, 468.548 FS. History–New 11-2-93, Amended 5-29-96, Repealed 1-12-09.

61E12-41.006 Operator Certification. Specific Authority 468.545 FS. Law Implemented 468.545, 468.548 FS., Section 4, Chapter 92-75, Laws of Florida. History–New 11-2-93, Repealed 1-12-09.

61E12-41.007 Renewal of Operator Certificates. Specific Authority 468.545, 468.549 FS. Law Implemented 468.545, 468.547, 468.549 FS. History–New 11-2-93, Amended 7-15-96, Repealed 1-12-09.

61E12-41.009 Denial of Application or Renewal of Certificates; Notice of Denial or Renewal. Specific Authority 468.545, 468.548, 468.549 FS. Law Implemented 455.227, 468.545, 468.548, 468.549, 468.550, 468.552 FS. History–New 11-2-93, Repealed 1-12-09.

61E12-41.010 Duties of Operators. Specific Authority 468.545, 468.552 FS. Law Implemented 468.541, 468.543, 468.545, 468.552 FS., Section 4, Chapter 92-75, Laws of Florida. History–New 11-2-93, Repealed 1-12-09.

61E12-41.011 Fees. Specific Authority 468.545, 468.547 FS. Law Implemented 119.07(1)(a), (b), 455.203(5), 455.217(2), 455.219(6), 455.225(4), 468.547, 468.548, 468.549, 468.550, 468.552 FS. History–New 11-2-93, Amended 7-5-94, 7-12-95, 7-15-96, Repealed 1-12-09.

61E12-41.013 Grounds for Disciplinary Proceedings. Specific Authority 455.224, 468.552 FS. Law Implemented 455.227, 468.541, 468.543, 468.545, 468.551 FS. History–New 11-2-93, Amended 7-5-94, Repealed 1-12-09.

61E12-41.014 Citations. Specific Authority 455.224, 455.225, 468.541, 468.543 FS. Law Implemented 455.224 FS. History–New 11-2-93, Repealed 1-12-09.

61E12-41.016 Suspension and Revocation of Operator Certificates. Specific Authority 468.552 FS. Law Implemented 468.541, 468.551, 468.552 FS. History–New 11-2-93, Repealed 1-12-09.

61E12-41.017 Disciplinary Guidelines; Aggravating and Mitigating Circumstances. Specific Authority 468.545 FS. Law Implemented 468.551, 468.552 FS. History–New 11-2-93, Repealed 1-12-09.

61E12-41.018 Actual Experience for Operator Certification. Specific Authority 468.545, 468.548 FS. Law Implemented 468.548 FS. History–New 11-2-93, Amended 7-15-96, Repealed 1-12-09.