[CLC-Discussion] Local Licensing

Mon Mar 10 13:37:13 PDT 2014

p.s.  Note highlighting below.

From: Roberts, Hardy L.
Sent: Monday, March 10, 2014 4:23 PM
To: 'Gibbons, Michael'; 'Reese J. Henderson, Jr.'; Chris Cobb; lauriesams at comcast.net; 'White, Patrick G.'; 'Brian Solomon'; clc-discussion at lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Local Licensing

61G4-15.0024 Supervision of Business Entities.
Documentation of one or more of the following factors in an application to qualify a business entity will demonstrate to the Board, absent evidence to the contrary, that an applicant possesses the ability to properly supervise the proposed additional business entity for purposes of the application:
(1) The applicant to qualify an additional business owns 20% or more of the business to be qualified;
(2) The applicant to qualify an additional business is a W2 employee of the business to be qualified; or
(3) Other evidence of the means and methods utilized by the applicant to ensure control over the construction work of the proposed additional entity.
Rulemaking Authority 489.108, 489.119 FS Law Implemented 489.108, 489.119 FS History–New 5-2-12.

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Monday, March 10, 2014 4:10 PM
To: 'Reese J. Henderson, Jr.'; Chris Cobb; lauriesams at comcast.net; 'White, Patrick G.'; 'Brian Solomon'; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Local Licensing

Qualifiers are not required to be employees or owners of the qualified business organization. They are required to have ultimate authority over all construction issues on projects where their license is used for a permit.  I have assisted business organizations with Ch. 489 qualifiers who were neither owners nor employees.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
website: http://www.lowndes-law.com<http://www.lowndes-law.com/>

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From: Reese J. Henderson, Jr. [mailto:Reese.Henderson at gray-robinson.com]
Sent: Monday, March 10, 2014 3:51 PM
To: Chris Cobb; lauriesams at comcast.net; Gibbons, Michael; 'White, Patrick G.'; 'Brian Solomon'; clc-discussion at lists.flabarrpptl.org
Subject: RE: [CLC-Discussion] Local Licensing

I agree with Chris – you have a bigger problem than WC here.  You have potential aiding and abetting issues . . . .

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Chris Cobb
Sent: Monday, March 10, 2014 3:38 PM
To: lauriesams at comcast.net<mailto:lauriesams at comcast.net>; Gibbons, Michael; 'White, Patrick G.'; 'Brian Solomon'; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Local Licensing

Also makes you wonder how the sister can qualify the company if she is not a member and not an employee……

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Christopher M. Cobb, Esq.
Board Certified in Construction Law
Jimerson & Cobb, P.A.
Business Litigation | Construction Law | Banking Law | Creditor’s Rights & AR Collection | Community Associations

Telephone: (904) 389-0050 | Facsimile: (904) 212-1269
ccobb at jimersoncobb.com<mailto:ccobb at jimersoncobb.com> | JimersonCobb.com<http://www.jimersoncobb.com/>

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org]<mailto:[mailto:clc-discussion-bounces at lists.flabarrpptl.org]> On Behalf Of lauriesams at comcast.net<mailto:lauriesams at comcast.net>
Sent: Monday, March 10, 2014 3:21 PM
To: Gibbons, Michael; 'White, Patrick G.'; 'Brian Solomon'; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Local Licensing

I believe everyone is way over thinking this. I think the issue is the sister (the one holding the license) does not have a workers comp exemption.   To obtain a workers comp exemption you must own at least 10%. If its a single member LLC, your client would be the one with the exemption.  She does not own any of the LLC, as such she cannot be exempt.  He needs to either have her as a % owner and file for the 2 year exemption or he needs to get it for her.
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
www.vwslaw.com<http://www.vwslaw.com>
Please Note: Our firm only accepts WIRES for closings.
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise
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telephone (941) 923-1685, or e-mail at lauriesams at comcast.net<mailto:lauriesams at comcast.net>  and immediately delete this message and all of its
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----- Original Message -----
From: Gibbons, Michael<mailto:Michael.Gibbons at lowndes-law.com>
To: 'White, Patrick G.'<mailto:PWhite at porterwright.com> ; 'Brian Solomon'<mailto:bsolomon at solomon-law.com> ; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Sent: Monday, March 10, 2014 2:50 PM
Subject: Re: [CLC-Discussion] Local Licensing

Thanks for the statutory cites Patrick.  However, I’m not sure that resolves the issue.  Ch. 489 simply requires the licensed contractor to comply with the WC insurance requirements of Ch. 440.  Ch. 440 meanwhile expressly permits certain principal owned companies to be WC exempt and I am unaware of a provision that eliminates GC’s from taking advantage of this statutory exemption (which seems wrong and was basis for my original post).  Based on the fact that I have encountered several licensed GC’s without WC coverage, I am assuming that DBPR does not require WC coverage as a condition of licensure.  Apparently, DBPR only requires the contractor to comply with Ch. 440 which then allows the very small closely owned contractor to exempt itself from coverage.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
website: http://www.lowndes-law.com<http://www.lowndes-law.com/>

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From: White, Patrick G. [mailto:PWhite at porterwright.com]
Sent: Monday, March 10, 2014 2:17 PM
To: Gibbons, Michael; 'Brian Solomon'; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: RE: Local Licensing

Sounds like Pasco County has it almost right in that they wouldn’t be able to issue a BP, see Secs. 489.113 (4)(c)  489.114, so why grant the license! They wouldn’t here in Collier either-

(c) The local government may also deny issuance of, or may suspend, any outstanding building permit where a contractor fails or refuses to provide proof of public liability and property damage insurance coverage as required by s. 489.115<index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0489/Sections/0489.115.html>(5) and workers’ compensation insurance coverage as required by s. 489.114<index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0489/Sections/0489.114.html>

Patrick G. White | Bio<http://www.porterwright.com/patrick_white/> | Porter Wright Morris & Arthur LLP<http://www.porterwright.com> | 9132 Strada Place, 3rd Floor | Naples, FL 34108

Direct: 239-593-2963 | Mobile: 239-784-5173 | Fax: 239-593-2990 | Toll Free: 800-876-7962 | pwhite at porterwright.com<mailto:pwhite at porterwright.com>

Florida Bar Board Certified in City, County, and Local Government Law

porterwright

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Monday, March 10, 2014 1:28 PM
To: 'Brian Solomon'; clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Local Licensing

I have not.  And sorry for hijacking your post, Brian, but I have occasionally run into the WC exempt GC and it always seemed wrong to me.  The GC is supposed to be the “statutory employer” under Ch. 440 if, as happens, an injured subcontractor employee is not covered by the workers compensation policy of the subcontractor employer.  When the GC itself is exempt, that safety net is lost.  It’s been a while since I read the CILB FAC governing licensing requirements but it used to mandate a minimum amount of GL insurance coverage and compliance with workers compensation insurance coverage requirements.  I realize that some GC entities are small enough to qualify as WC exempt but I’m surprised that neither Ch. 440 nor FAC apparently expressly prohibits a General Contractor from operating without workers compensation coverage.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
website: http://www.lowndes-law.com<http://www.lowndes-law.com/>

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Monday, March 10, 2014 12:51 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Local Licensing

My client is a single member LLC with a certificate of workers compensation insurance exemption.  The company is qualified as a general contractor by his sister, who does not work for the company, she only qualifies the company.  Pasco County is refusing to give my client a county license because the qualifier doesn’t have proof of workers compensation insurance.

Has anyone run into this situation?

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Reese J. Henderson, Jr.
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