CHAPTER 61-6



CHAPTER 61-6

BIENNIAL LICENSING

61-6.001 Biennial Licensing

61-6.002 Delinquent Status

61-6.003 Inactive Status

61-6.004 Reactivation

61-6.005 Licensee’s Obligation

61-6.007 Limited Licensure

61-6.008 Duplicate License

61-6.009 Affirmation of Eligibility for License Renewal

61-6.010 Random Audit of License Renewal Requirements

61-6.021 Licensee Name Change

61-6.043 Renewal Process for Appraisal Management Company

61-6.001 Biennial Licensing.

(1) Pursuant to section 455.203(1), F.S., the Department hereby implements a plan for staggered biennial renewal of licenses issued by the Central Intake Unit, The Division of Service Operation and Licensure, the Department on behalf of the boards within the Department and the Department.

(2) The staggered biennial renewal issuance plan does not apply to the renewal of licenses which have a statutory period of one year or less and which do not mature into permanent licenses which would be subject to regular annual renewal.

(3) Biennial period shall mean a period of time consisting of two 12 month years. The first biennial period for the purposes of each board shall commence and continue on the dates specified in the department plan as set forth for each respective profession.

(4) The schedule for biennial license renewal for each respective profession shall be as follows:

| |EVEN YEARS |ODD YEARS |

|Accountancy Firms | |December 31 |

|Accountants Group 3 |December 31 | |

|Accountants Group 2 | |December 31 |

|Athlete Agents |May 31 | |

|Architects/Architect Businesses | |February 28 |

|Asbestos Consultants/Contractors |November 30 | |

|Asbestos Business | |November 30 |

|Auctioneers, Businesses & Apprentices | |November 30 |

|Barber Shops |November 30 | |

|Barbers |July 31 | |

|Barber Assistants |July 31 | |

|Barbers CE Provider |May 31 | |

|Building Code Administrators & Inspectors | |November 30 |

|Building Code CE Provider | |May 31 |

|Community Association Managers |September 30 | |

|Community Association Managers CE Provider | |May 31 |

|Community Association Managers Pre-Licensure CE Provider |May 31 | |

|Construction Industry Licensing Board (Certified) |August 31 | |

|Construction Industry Licensing Board (Registered) | |August 31 |

|Construction Industry Licensing Board CE Provider | |May 31 |

|Construction Industry Licensing Board Specialty Structure |August 31 | |

|Cosmetologists & Specialties | | |

|Group I | |October 31 |

|Group II |October 31 | |

|Cosmetology Salons |November 30 | |

|Cosmetology CE Provider | |May 31 |

|Electrical Contractors |August 31 | |

|Electrical Contractors CE Provider | |May 31 |

|Employee Leasing Companies |April 30 | |

|Geologists/Geology Businesses |July 31 | |

|Interior Designers/Interior Design Businesses | |February 28 |

|Landscape Architects/Landscape Architecture Businesses | |November 30 |

|Landscape Architecture CE Provider | |May 31 |

|Professional Engineers | |Februrary 28 |

|Real Estate Appraisers |November 30 | |

|Real Estate Appraiser Instructors | |September 30 |

|Real Estate Appraiser Management Companies |November 30 | |

|Real Estate | | |

|Real Estate – Group I |September 30 | |

|Real Estate – Group II | |March 31 |

|Real Estate – Group III | |September 30 |

|Real Estate – Group IV |March 31 | |

|Real Estate Schools | |September 30 |

|Talent Agencies |May 31 | |

|Veterinarians |May 31 | |

Rulemaking Authority 455.203(1), (5) FS. Law Implemented 455.203(1) FS. History–New 9-17-78, Amended 9-21-78, 8-20-80, 2-3-81, 4-8-81, 12-7-81, 6-14-82, 11-23-83, 12-2-83, 1-26-84, 7-9-84, Formerly 21-6.08, Amended 4-27-86, 4-21-87, 2-16-88, 11-28-90, 7-18-91, Formerly 21-6.008, Amended 4-3-95, 7-25-05, 1-24-08, 5-20-14, 12-17-18.

61-6.002 Delinquent Status.

(1) Any license renewal application, which for any reason is not submitted in a timely and complete manner shall revert to delinquent status.

(2) Each application for renewal shall be considered timely filed if the application has been postmarked by the post officer prior to midnight on the date of expiration of the license or has been delivered by the close of business on the date of expiration of the license. If that date falls on a Saturday, Sunday, or legal holiday, the day of expiration shall be the first working day after the expiration date on the license. In order to be complete, the application must have all appropriate spaces filled, be signed by the licensee and include a money order or a sufficiently funded check in the correct amount. Any renewal which does not comply with the above conditions shall become delinquent.

Rulemaking Authority 455.203(5) FS. Law Implemented 455.203, 455.271 FS. History–New 10-29-80, Formerly 21-6.09, 21-6.009, Amended 4-3-95.

61-6.003 Inactive Status.

A licensee may choose inactive status by filing with the department a written notice, which may be indicated on the renewal form, accompanied by the appropriate fee. Such notice and fee must be received in accordance with subsection 61-6.002(2), F.A.C., to be timely.

Rulemaking Authority 455.203(5) FS. Law Implemented 455.203, 455.271 FS. History–New 10-29-80, Formerly 21-6.10, 21-6.010, Amended 4-3-95.

61-6.004 Reactivation.

(1) A delinquent status licensee may apply for active or inactive status any time during the biennial licensure cycle. As defined by rule of the board, or the Department when there is no board, a complete application, the renewal fee, and a delinquent fee shall be required. The license of a delinquent licensee that does not achieve active or inactive status before the end of the current biennial licensure period shall be null, and subsequent licensure will require meeting all the requirements for initial licensure.

(2) A licensee who has inactive status may reactivate at any time by notifying the Department of his/her desire to do so, completing the appropriate form(s), and by paying the current required fees set by appropriate rule, and meeting any other conditions imposed by the board, or Department when there is no board, as required in section 455.271, F.S.

Rulemaking Authority 455.203(5) FS. Law Implemented 455.203, 455.271 FS. History–New 10-29-80, Formerly 21-6.11, 21-6.011, Amended 4-3-95.

61-6.005 Licensee’s Obligation.

It shall be the duty of licensees, active and inactive, to keep the Department informed of any information which the Department requires, including but not limited to his/her current mailing address.

Rulemaking Authority 455.203(5) FS. Law Implemented 455.203, 455.275 FS. History–New 10-29-80, Formerly 21-6.12, 21-6.012.

61-6.007 Limited Licensure.

(1) Graduates of the Department of Education approved cosmetology program at the Florida School for the Deaf and the Blind shall be issued a limited license upon filing with the Department a completed application, the form for which shall be prepared and furnished by the Department and upon payment of a license fee of $10.00.

(2) The limited license shall authorize the licensee to perform the following cosmetology services:

(a) Shampoos,

(b) Facials,

(c) Manicures, and

(d) Pedicures.

Rulemaking Authority 477.0213 FS. Law Implemented 477.0213 FS. History–New 11-19-81, Formerly 21-6.16, 21-6.016.

61-6.008 Duplicate License.

If a duplicate license is requested by a licensee, the department shall charge a fee of twenty-five dollars ($25.00) if there is no board rule to the contrary.

Rulemaking Authority 455.203(5), 455.219 FS. Law Implemented 455.219 FS. History–New 2-17-92, Formerly 21-6.018.

61-6.009 Affirmation of Eligibility for License Renewal.

Applicants for renewal of a license shall submit an Affirmation of Eligibility for License Renewal form number BPR-LIC-001, incorporated herein by reference and effective 01/01/96. The form can be obtained by writing the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-2205. Every applicant who renews a license acknowledges:

(1) Completion of all requirements for license renewal as set forth by the Department of Business and Professional Regulation or the professional regulatory board of the profession for which the applicant is seeking license renewal, and

(2) That during the upcoming licensure period the applicant may be required to produce proof, as prescribed by the rule 61-6.010, F.A.C., that all license renewal requirements for that licensure period were met, and

(3) That failure to comply with license renewal requirements, or making a false statement as to such compliance, will subject the applicant to disciplinary action or criminal prosecution.

Rulemaking Authority 455.203(5) FS. Law Implemented 455.203 FS. History–New 2-15-93, Formerly 21-6.019, 7-15-96.

61-6.010 Random Audit of License Renewal Requirements.

(1) No later than six (6) months after the beginning of a licensure period, each board shall initiate a random audit of licensees to determine their compliance with license renewal requirements. This audit shall be conducted by the appropriate office of the Department of Business and Professional Regulation.

(2) Each licensee randomly selected for audit shall be so notified by regular mail, and each selected licensee shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(3) If a letter of notification is returned to the Department because of an incorrect mailing address, the Department shall attempt again to notify the licensee after making a reasonable effort to determine the licensee’s correct address. The licensee so notified shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(4) If a letter of notification is returned to the Department unclaimed or refused, the Department shall by certified mail attempt to notify the licensee of the information contained in the original mailing. The licensee so notified shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(5) If a licensee’s documentation of compliance with the requirements for license renewal is not sufficient, the Department shall notify the licensee of the deficiencies, and the licensee shall ensure that the Department receives all documentation specified by the Department no later than twenty-one (21) days from the licensee’s receipt of notice.

(6) Commencing on the twenty-second (22) day after a licensee selected for audit receives notice, the board may grant the licensee up to thirty (30) additional days in which to obtain appropriate documentation and supply that documentation to the Department if: (1) the licensee’s written request was received by the board within twenty-one (21) days of the licensee’s receipt of notice of audit or receipt of documentation deficiency, (2) the licensee’s written request stated with particularity the reasons an extension should be granted, and (3) the board’s written notification as to the length of the extension granted was received by the Department office conducting the audit no more than ten (10) days after the twenty-one (21) day compliance period had lapsed.

(7) The Department may take whatever action is appropriate against any licensee selected for audit who:

(a) Has not kept the Department informed of an accurate mailing address,

(b) Does not cooperate in the audit, or

(c) The audit reveals has not met the requirements for license renewal.

Rulemaking Authority 455.203(5), 455.2177 FS. Law Implemented 455.203, 455.2177 FS. History–New 2-10-93, Formerly 21-6.020.

61-6.021 Licensee Name Change.

(1) Licensees shall direct their requests for name changes on the master file of the Department to the board office of their profession or to the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-2205.

(2) Name change requests shall be in writing and shall be documented. An original, a certified copy, a duplicate copy of an original or a duplicate of a certified copy of an original document which shows the legal name change shall be accepted unless the Department has a question about the authenticity of the document raised on its face, or because the genuineness of the document is uncertain, or because of another matter related to the application.

(3) Documents acceptable by the Department for request of a license name change include a marriage license, a court order (e.g., adoption, divorce decree, name change, or federal identity change), a certificate of status, or a certificate of authorization.

(4) Documents unacceptable for a request of a license name change include all documentation other than those listed above.

Rulemaking Authority 455.203(5) FS. Law Implemented 455.203 FS. History–New 8-26-93, Amended 4-3-95, 12-24-97.

61-6.043 Renewal Process for Appraisal Management Company.

(1) Each registration of an appraisal management company shall be renewed on a biennial basis. The schedule for biennial renewal shall be as established in subsection 61-6.001(4), F.A.C.

(2) When the total period of inactive status exceeds 4 years, the registration shall automatically expire per section 475.619(2), F.S. and the appraisal management company must meet all the requirements for initial registration. If automatic expiration has occurred pursuant to section 475.619(2), F.S., the appraisal management company shall be required to meet all requirements for initial licensure. Two years prior to the expiration, the Department of Business and Professional Regulation shall give notice by mail or email to the last known mailing or email address of the registrant.

(3) Inactive Registration.

(a) At any time after obtaining registration as an appraisal management company, the registrant may request inactive status by submitting Form DBPR FREAB-2, “Appraisal Management Company – Maintenance,” incorporated by reference in rule 61-35.026, F.A.C. The fee to change licensure status is found in rule 61J1-2.001, F.A.C.

(b) An appraisal management company, whose registration is designated inactive pursuant to subsection (1), (2) or (3) above, may request an active registration on Form DBPR FREAB-2, “Appraisal Management Company – Maintenance,” incorporated by reference in rule 61-35.026, F.A.C. The fee to change licensure status is found in rule 61J1-2.001, F.A.C.

(4) Current biennial renewal fees specified in subsection 61J1-2.001(2), F.A.C. and late fees set forth in subsection 61J1-2.001(6), F.A.C., shall be collected for each period of inactivity through the elected or automatic inactive date.

Rulemaking Authority 455.203(5), 455.213, 455.271(3), 475.619(2), 475.6147, 475.6235(7) FS. Law Implemented 455.213, 455.271(3), 455.275(2), 475.619(2), 475.6147, 475.6235(7) FS. History–New 9-3-13, Amended 12-17-18.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download