Florida Workers’ Compensation Law
Monday, February 25th, 2008440.02 Definitions.
440.021 Exemption of workers’ compensation from chapter 120.
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440.02 Definitions.
440.021 Exemption of workers’ compensation from chapter 120.
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Protect Yourself and Your Investment
According to Florida law, those who work on your property or provide materials, and are not paid-in-full, have a right to enforce their claim for payment against your property. This claim is known as a construction lien. If your contractor fails to pay subcontractors or material suppliers, the people who are owed money may look to your property for payment, even if you have paid your contractor in full. This means that if a lien is filed against your property, your property could be sold against your will to pay for labor, materials, or other services which your contractor may have failed to pay. This document provides information regarding Florida Statute 713, Part 1, as it pertains to home construction and remodeling, and provides tips on how you can avoid construction liens on your property.
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Home construction is way down, but plenty else is going up.
The housing slump has whacked construction employment by about 20 percent in the past year. So you would expect construction worker pay to nosedive.
You would be wrong.
In one of the many oddities in this tumultuous economy, construction of hotels, hospitals, power plants and offices is picking up much of the slack from declining home sales, said Ken Simonson, chief economist of the Associated General Contractors of America.
Source: St Petersburg Times
Beginning November 1, 2007 all applications for initial licensure as construction contractors will be required to have a criminal background check performed by the Florida Department of Law Enforcement. This requirement applies to applications for initial licensure, change of status, additional business, and endorsement. Each applicant will be required to submit electronic fingerprints through the department’s vendor Promissor. Starting October 1, 2007 the fingerprint fee for Promissor will be $56.25. You may contact Promissor at http://www.promissor.com/ or call at 1-877 238-8232. For additional information regarding this requirement please visit www.myflorida.com/dbpr/pro/cilb/faq.html.
AMANDA ABBOTT
According to Section, 489.124(2)(a), Florida Statutes, “A certificate holder’s or registrant’s failure to notify the department of a change of address of phone number shall constitute a violation of this section”.
It is your responsibility as a license holder to notify the department in writing of your current mailing address and phone number. If your mailing address is not the same as your license location or physical address, you must also supply that information.
It is also your responsibility to provide proof that you notified the department of your changes. All correspondences generated in the department will be sent to the address of record including renewal notices, disciplinary investigation notifications and probation information.
If you have an open disciplinary case being investigated within the department and you change your address or phone number, you must notify the investigator and or prosecuting attorney working your case in addition to notifying the department. All correspondences involving your case will be sent to the address of record. Failure to change your address can result in additional charges being added to your case.
Please visit our website at www.MyFloridaLicense.com> Professions and Professional Boards > Construction Industry, for information on how to make a change in address regarding your license(s) or use the form on the last page of this newsletter.
ANDY JANECEK
As a result of the current state of the construction industry in Florida we are seeing a rise in cases where financial problems for a construction company have meant financial harm to a consumer. We are committed to the protection of consumers and must maintain a high standard for our licensees when it comes to the financial well-being of Florida’s citizens.
The board has disciplined many contractors simply because the qualifying agent had no real control over or had taken little interest in the financial aspects of the business. As licensee and qualifying agent you can be held personally responsible for any financial harm that the business entity inflicts on a consumer.
The board takes note of the fact that many qualifying agents do not have ownership in the business they qualify and can prohibit principals in a qualified company from participating in another business if any wrong-doing has been committed. However, it is still the qualifying agent who must answer for any financial harm to the consumer, unless a board-approved financially responsible officer has been designated.
If you are qualifying a business entity and do not have ownership in the business or control of the business’ financial affairs, you should immediately get involved and make yourself aware of every aspect of the business. You may also wish to consider applying for the approval of a financially responsible officer.
ANDY JANECEK
Did you know that if you are engaging in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, your business must be qualified through a licensed contractor and must obtain a qualified business license? Have you also considered that any contract executed by an unlicensed business entity may be unenforceable under Florida law? How would you like to do a job that requires a contractor’s license, only to find out that you may not be paid because your business entity is not properly qualified?
Before attempting to qualify a business entity you should consider your responsibilities as a licensed contractor and determine if you are willing to assume all of the responsibilities included in Chapter 489, Part I, Florida Statutes. When qualifying a business entity as a primary qualifying agent you must be willing and able to be responsible for the supervision of all operations of the business organization, for all field work at all sites, and for financial matters, both for the organization in general and for each specific job.
If the business entity has designated a board-approved financially responsible officer, the qualifying agent has relinquished responsibility for the financial matters of the business organization but is still solely responsible for supervising all construction operations and field work. Unless you are willing to assume all of these responsibilities you should reconsider your decision to qualify a business entity. For information about qualifying a business entity or obtaining approval for a financially responsible officer, you may contact the department’s Customer Contact Center at 850.487.1395, or visit our website, at www.MyFloridaLicense.com> Direct to Our Divisions > Professions and Professional Boards > Construction Industry.