Florida Regulations 61E1-4.002: Financial Responsibility; Definitions; Grounds for Denial
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(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 Fl. Admin. Code R. 61E1-4.001
(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.
Specific Authority 455.203(5), 469.011 FS. Law Implemented 469.006, 469.007 FS. History-New 3-23-04.
Terms Used In Florida Regulations 61E1-4.002
- 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.
- 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
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
(a) Failure to submit any of the items required by Fl. Admin. Code R. 61E1-4.001
(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.
Specific Authority 455.203(5), 469.011 FS. Law Implemented 469.006, 469.007 FS. History-New 3-23-04.