Florida Regulations 61E1-4.001: Licensure of Business Organizations and Qualifying Agents
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(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 Fl. Admin. Code R. 61E1-3.001, of this chapter, and submit a signed, completed application on Form DBPR ALU 2, Application for Licensure as a Business, effective April 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-10720, 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 Florida Statutes § 469.006(2) The applicant must furnish evidence of statutory compliance of Florida Statutes § 865.09, 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 Fl. Admin. Code R. 61E1-3.001 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:
1. 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.
2. A letter of bond ability, a letter of credit or a compliance bond established to reimburse the appropriate parties for diversion of funds, abandonment, and all other statutory violations. These instruments must be written in the amount of $10,000 or more and are not to be construed as performance bonds.
3. 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 April 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-10722, together with the appropriate fee as specified in Fl. Admin. Code R. 61E1-3.001 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.
Terms Used In Florida Regulations 61E1-4.001
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
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 Fl. Admin. Code R. 61E1-3.001 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:
1. 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.
2. A letter of bond ability, a letter of credit or a compliance bond established to reimburse the appropriate parties for diversion of funds, abandonment, and all other statutory violations. These instruments must be written in the amount of $10,000 or more and are not to be construed as performance bonds.
3. 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 April 2019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-10722, together with the appropriate fee as specified in Fl. Admin. Code R. 61E1-3.001 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.