Senate Bill sb0014Ec1

    Florida Senate - 2003                  CS for SB's 14-E & 16-E

    By the Committee on Banking and Insurance; and Senators
    Saunders, Cowin, Lynn and Alexander




    311-667-04

  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         providing that any licensee under ch. 489,

  4         F.S., who forms a corporation in order to

  5         become eligible for an exemption from certain

  6         requirements for workers' compensation coverage

  7         is not required to obtain approval for a change

  8         of status or for a qualified business

  9         organization license under ch. 489, F.S., until

10         July 1, 2004; providing that such a licensee is

11         not in violation of ch. 440, ch. 489, or ch.

12         553, F.S., solely because such approval has not

13         been obtained before that date; specifying that

14         applications for licensure and for a change of

15         status are subject to the requirements of s.

16         120.60, F.S.; enunciating the timeframes within

17         which the Department of Business and

18         Professional Regulation must request additional

19         information and approve or deny such

20         applications; providing an effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  (1)  Any licensee under chapter 489,

25  Florida Statutes, who forms a corporation in order to become

26  eligible for an exemption from the requirements for workers'

27  compensation coverage pursuant to sections 440.02, 440.05, and

28  440.077, Florida Statutes, as amended effective January 1,

29  2004, is not required to obtain approval for a change of

30  status under section 489.115, Florida Statutes, and is not

31  required to obtain a qualified business organization license

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                  CS for SB's 14-E & 16-E
    311-667-04




 1  or certificate of authority under section 489.119 or section

 2  489.521, Florida Statutes, until July 1, 2004. Such licensee

 3  is not in violation of any provision of chapter 440, chapter

 4  489, or chapter 553, Florida Statutes, and may not be denied a

 5  building permit, solely because a change of status or a

 6  qualified business license or certificate of authority is not

 7  approved before July 1, 2004. This section does not limit the

 8  authority of the Department of Business and Professional

 9  Regulation to prosecute or sanction such a licensee for a

10  violation of chapter 489, Florida Statutes, other than for

11  failure to obtain approval of a change of status or obtain a

12  qualified business organization license or certificate of

13  authority by July 1, 2004. The licensure status does not

14  affect a person's right of recovery from the Construction

15  Industries Recovery Fund pursuant to section 489.140, Florida

16  Statutes.

17         (2)  An application from a licensee referenced in

18  subsection (1) for a change of status or for a qualified

19  business organization license is subject to the requirements

20  of section 120.60, Florida Statutes. For informational

21  purposes, these requirements are summarized and restated as

22  follows: Upon receipt of an application for a change of status

23  or for a qualified business organization license, the

24  Department of Business and Professional Regulation shall

25  examine the application and, within 30 days after such

26  receipt, notify the applicant of any apparent error or

27  omission and request any additional information that the

28  department is permitted by law to require. The department may

29  not deny the change of status or deny a license for failure to

30  correct an error or omission or for failure to supply

31  additional information unless the department timely notifies

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                  CS for SB's 14-E & 16-E
    311-667-04




 1  the applicant within this 30-day period. An application is

 2  considered complete upon receipt of all requested information

 3  and correction of any error or omission for which the

 4  applicant was timely notified or when the time for such

 5  notification has expired. Each application must be approved or

 6  denied by the department within 90 days after receipt of a

 7  completed application. The 90-day time period is tolled by the

 8  initiation of a proceeding under sections 120.569 and 120.57,

 9  Florida Statutes. Any application for a change of status or

10  for a license which is not approved or denied within the

11  90-day period, within 15 days after conclusion of a public

12  hearing held on the application, or within 45 days after a

13  recommended order is submitted to the department and the

14  parties, whichever action or timeframe is latest and

15  applicable, is considered approved unless the recommended

16  order recommends that the agency deny the license.

17         Section 2.  This act shall take effect upon becoming a

18  law.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                        SB's 14-E and 16-E

22                                 

23  Deletes the provisions of the original bill and provides that
    any licensee under ch. 489, F.S., who forms a corporation in
24  order to become eligible for an exemption from the
    requirements for workers' compensation coverage is not
25  required to obtain approval for a change of status or a
    qualified business organization license from the Department of
26  Business and Professional Regulation until July 1, 2004.

27  

28  

29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.