Senate Bill sb0014Eer

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    2003 Legislature        CS for SB's 14-E & 16-E, 1st Engrossed



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  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; amending s. 440.02, F.S.;

21         redefining the term "corporate officer" for

22         purposes of ch. 440, F.S.; providing an

23         effective date.

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

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

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

29  eligible for an exemption from the requirements for workers'

30  compensation coverage pursuant to sections 440.02, 440.05, and

31  440.077, Florida Statutes, as amended effective January 1,


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    ENROLLED

    2003 Legislature        CS for SB's 14-E & 16-E, 1st Engrossed



 1  2004, is not required to obtain approval for a change of

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

 3  required to obtain a qualified business organization license

 4  or certificate of authority under section 489.119 or section

 5  489.521, Florida Statutes, until July 1, 2004. Such licensee

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

 7  489, or chapter 553, Florida Statutes, and may not be denied a

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

 9  qualified business license or certificate of authority is not

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

11  authority of the Department of Business and Professional

12  Regulation to prosecute or sanction such a licensee for a

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

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

15  qualified business organization license or certificate of

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

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

18  Industries Recovery Fund pursuant to section 489.140, Florida

19  Statutes.

20         (2)  An application from a licensee referenced in

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

22  business organization license is subject to the requirements

23  of section 120.60, Florida Statutes. For informational

24  purposes, these requirements are summarized and restated as

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

26  or for a qualified business organization license, the

27  Department of Business and Professional Regulation shall

28  examine the application and, within 30 days after such

29  receipt, notify the applicant of any apparent error or

30  omission and request any additional information that the

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


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




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    2003 Legislature        CS for SB's 14-E & 16-E, 1st Engrossed



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

 2  correct an error or omission or for failure to supply

 3  additional information unless the department timely notifies

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

 5  considered complete upon receipt of all requested information

 6  and correction of any error or omission for which the

 7  applicant was timely notified or when the time for such

 8  notification has expired. Each application must be approved or

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

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

11  initiation of a proceeding under sections 120.569 and 120.57,

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

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

14  90-day period, within 15 days after conclusion of a public

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

16  recommended order is submitted to the department and the

17  parties, whichever action or timeframe is latest and

18  applicable, is considered approved unless the recommended

19  order recommends that the agency deny the license.

20         Section 2.  Effective January 1, 2004, subsection (9)

21  of section 440.02, Florida Statutes, is amended to read:

22         440.02  Definitions.--When used in this chapter, unless

23  the context clearly requires otherwise, the following terms

24  shall have the following meanings:

25         (9)  "Corporate officer" or "officer of a corporation"

26  means any person who fills an office provided for in the

27  corporate charter or articles of incorporation filed with the

28  Division of Corporations of the Department of State or as

29  permitted or required by chapter 607. As to persons engaged in

30  the construction industry, the term "officer of a corporation"

31  


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    2003 Legislature        CS for SB's 14-E & 16-E, 1st Engrossed



 1  includes a member owning at least 10 percent of a limited

 2  liability company created and approved under chapter 608.

 3         Section 3.  This act shall take effect upon becoming a

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