HB 0047E 2003
1	A bill to be entitled
2	An act relating to workers’ compensation; providing that
3	any licensee under ch. 489, F.S., who forms a corporation
4	in order to become eligible for an exemption from certain
5	requirements for workers' compensation coverage is not
6	required to obtain approval for a change of status or for
7	a qualified business organization license under ch. 489,
8	F.S., until July 1, 2004; providing that such a licensee
9	is not in violation of ch. 440, ch. 489, or ch. 553, F.S.,
10	solely because such approval has not been obtained before
11	that date; specifying that applications for licensure and
12	for a change of status are subject to the requirements of
13	s. 120.60, F.S.; specifying the timeframes within which
14	the Department of Business and Professional Regulation
15	must request additional information and approve or deny
16	such applications; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1. (1) Any licensee under chapter 489, Florida
21	Statutes, who forms a corporation in order to become eligible
22	for an exemption from the requirements for workers' compensation
23	coverage pursuant to sections 440.02, 440.05, and 440.077,
24	Florida Statutes, as amended effective January 1, 2004, is not
25	required to obtain approval for a change of status under section
26	489.115, Florida Statutes, and is not required to obtain a
27	qualified business organization license or certificate of
28	authority under section 489.119 or section 489.521, Florida
29	Statutes, until July 1, 2004. Such licensee is not in violation
30	of any provision of chapter 440, chapter 489, or chapter 553,
31	Florida Statutes, and may not be denied a building permit solely
32	because a change of status or a qualified business license or
33	certificate of authority is not approved before July 1, 2004.
34	This section does not limit the authority of the Department of
35	Business and Professional Regulation to prosecute or sanction
36	such a licensee for a violation of chapter 489, Florida
37	Statutes, other than for failure to obtain approval of a change
38	of status or obtain a qualified business organization license or
39	certificate of authority by July 1, 2004. The licensure status
40	does not affect a person's right of recovery from the
41	Construction Industries Recovery Fund pursuant to section
42	489.140, Florida Statutes.
43	(2) An application from a licensee referenced in
44	subsection (1) for a change of status or for a qualified
45	business organization license is subject to the requirements of
46	section 120.60, Florida Statutes. For informational purposes,
47	these requirements are summarized and restated as follows: Upon
48	receipt of an application for a change of status or for a
49	qualified business organization license, the Department of
50	Business and Professional Regulation shall examine the
51	application and, within 30 days after such receipt, notify the
52	applicant of any apparent error or omission and request any
53	additional information that the department is permitted by law
54	to require. The department may not deny the change of status or
55	deny a license for failure to correct an error or omission or
56	for failure to supply additional information unless the
57	department timely notifies the applicant within this 30-day
58	period. An application is considered complete upon receipt of
59	all requested information and correction of any error or
60	omission for which the applicant was timely notified or when the
61	time for such notification has expired. Each application must be
62	approved or denied by the department within 90 days after
63	receipt of a completed application. The 90-day time period is
64	tolled by the initiation of a proceeding under sections 120.569
65	and 120.57, Florida Statutes. Any application for a change of
66	status or for a license which is not approved or denied within
67	the 90-day period, within 15 days after conclusion of a public
68	hearing held on the application or within 45 days after a
69	recommended order is submitted to the department and the
70	parties, whichever action or timeframe is latest and applicable,
71	is considered approved unless the recommended order recommends
72	that the agency deny the license.
73	Section 2. This act shall take effect upon becoming a law.