Alert! BOGUS Certificate of Status Request Form

If you recently set up a new business on the Department of State, Division of Corporations website (sunbiz.org), you may be sent a 2013 Certificate of Status Request Form. Please be aware that this is NOT required to complete any registration process with the state.

These notices are NOT from the Dept. of State, Division of Corporations. The request asks you to make checks payable to Florida Center of Corporations for a fee of $54.47. Do NOT confuse these notices with the messages sent by the Division of Corporations. If you receive this letter--toss it out. This is NOT an official government document, it is a SCAM.

They cleverly are stating that “You have one step left to receive your Florida certified certificate of status.” It appears to the untrained eye that this means there is one step left to be active with the state of Florida. If you are in need of a Certificate of Status for any reason, they can be obtained directly from the Dept. of State, Division of Corporations for only $5 for an LLC and $8.75 for a Corporation.

This should also in no way be confused with your annual report. You DO need to file an annual report with the Department of State, Division of Corporations (AKA Sunbiz), but these are two separate issues. Annual Reports can be filed online directly at www.Sunbiz.org or you can call us for help with the filing. THESE MUST BE SUBMITTED BY MAY 1^ST TO AVOID A $400 LATE FEE.

As always, the team at Licenses, Etc. is here to help you in any way that we can. If you have any questions or need assistance, give us a call. We can help make sure that you don’t get scammed.

Foreign Filing Facts

Many have expressed confusion about exactly what a foreign filing is. We would like to take a moment to discuss this subject. What is it and why would you do it?

Simply put if you want to conduct business in a state other than the state in which your business was formed, you need to file for foreign qualification with the new state where you would like to conduct business. 

Common reasons why business owners perform a foreign filing versus creating a separate, new corporation:

• Tax benefits in the home state.
• Ability to file under the same Federal Identification Number.
• Insurance only needs to be obtained by the one entity.
• All employees are under the same umbrella company and able to work on any projects that the company has going.

This is just a bit of information on foreign filings. We are neither accountants nor attorneys and any specific questions as to what would be right for you should be directed to one of these professionals. Remember if you have a foreign filing, you still must stay on top of the filings for the home state or it will become a defunct company! Let us know if you have any questions.

Avoid Administrative Dissolution or Revocation

Yes we have called and emailed and shouted about this for months, but there are still a few business owners who have not filed your annual report. The original deadline of May 1st has obviously passed and the very final deadline is quickly approaching.  If you do not file by this final deadline of Friday, September 28th, your business will be dissolved or revoked. To reinstate a business is expensive and time consuming.

Avoid having your business administratively dissolved or revoked by filing your annual report by 5pm this Friday, September 28th, if you have not yet done so. Filings can be submitted directly on the Sunbiz website. Access to this website will not be available from 5 pm Friday, September 28th, until 8 am Monday, October 1st, for any electronic activity.

If you file between now and Friday, there will be a $400 penalty fee. It gets worse after Friday at 5pm. Any businesses that fail to submit annual reports by this deadline must file for reinstatement in order to continue doing any business.  The fee to file for reinstatement can be up to $750 or more. The longer you are inactive, the more it will cost.

If you took care of this by May 1st this post does not apply to you. We never want our clients to pay unnecessary fees or be caught working without being properly setup with the state. Feel free to contact us if we can assist you in any way with annual report filing or reinstatement. 

Renewal Deadline Extended Due to Tropical Storm Isaac

The DBPR has extended the deadline for renewal of certified contractors and both certified and registered electrical contractors whose licenses are set to expire August 31, 2012. The deadline for these license holders is now midnight September 14, 2012. The state provided an extension because of the impact of Tropical Storm Isaac across the state.

These licensees now have until midnight on September 14, 2012 to complete their continuing education requirements and renew their licenses without having to pay a late fee. Renewal extension FAQs are also available online.

As always, use the online renewal system at www.myfloridalicense.com for faster, more efficient service. Licensees who wish to fax their continuing education course completion certificates to the Bureau of Education and Testing to expedite renewal may use fax number 850.922.2316.

For more information call the gals who always keep you current with the latest information available. Or email us at support@licensesetc.com. 

Re-activation of Inactive Licenses

There is some good news for contractors with Inactive licenses! The number of continuing education credits that an inactive or delinquent inactive licensee must complete before they can reactivate their license has been reduced. Effective July 1, 2012, an inactive or delinquent inactive licensee will only need to complete the CEUs for the renewal period immediately prior to the reactivation.

 

This means that only one cycle needs to be fulfilled. You no longer have to complete every year that you missed. You will need to complete the continuing education requirements in place at the time of the last renewal for your profession. That includes 14 hours of board-approved continuing education that must include the following:

For CILB Licenses -

·         8 hours general credit

·         1 hour workers’ compensation

·         1 hour workplace safety

·         1 hour business practices

·         1 hour advanced building code

·         1 hour laws and rules

·         1 hour wind mitigation methodologies

For ECLB Licenses -

·         7 hours technical

·         1 hour workers’ compensation

·         1 hour workplace safety

·         1 hour business practices

·         2 hours false alarm prevention (for all certified and registered alarm contractors and certified electrical contractors who perform alarm work)

·         1-3 hours general credit

·         1 hour Florida Building Code advanced module course

What a great change from the previous way of doing things. If you have any questions, as always you can shoot us an email or give us a ring.

Consumer Alert Concerning Annual Minutes

It appears that there is a scam out there regarding the annual report filing for the Department of State, Division of Corporations. Please be aware that COMPLIANCE SERVICES (not to be confused with the Florida Corporation, Compliance Services, Inc.) is mailing businesses a notice for "Annual Minutes" to be ordered for a fee of $125.

These notices are NOT from the Dept. of State, Division of Corporations. "Annual Minutes" are NOT required to be filed with any agency. Do NOT confuse these notices with the messages sent by the Division of Corporations reminding each business to file its 2012 Annual Report. If you receive this letter from COMPLIANCE SERVICES saying that you need to file your Annual Meeting Minutes--toss it out. 

You DO need to file an annual report with the Department of State, Division of Corporations (AKA Sunbiz), but these are two separate issues. Annual Reports can be filed online directly at www.Sunbiz.org or you can call us for help with the filing.

As always, the gals at Licenses, Etc. are here to help you in any way that we can. If you have any questions or need assistance, give us a call. We can help make sure that you don’t get scammed.

Home Inspection Continuing Education Requirements

So many of you are taking advantage of the home inspection license while the state has ‘re-opened’ the window for grandfathering. This is only for those who currently hold a Division 1 license with the state (Certified General, Building & Residential Contractor License).  There is no testing required, and also no education required. It is definitely the easiest it will ever be to get one, but the license expires on 07/31/2012, so what about the renewal?

We wondered the same thing so we went straight to the source and found out that the first 14 CE credits will not be required until 2014 renewal cycle. Home Inspectors should not start taking CE until after July 1, 2012.   CE credits taken before then will not be counted towards the 2014 renewal cycle. Moving forward, a minimum of fourteen (14) hours of continuing education will need to be completed every two years in order to keep the Home Inspector License active.

Just because there are no CEUs required this round, you’re not totally free.  The license DOES expire on 7/31/12. A renewal notice will be mailed to the address that you have on file with the DBPR office 90 days prior to renewal. Renewal fees are $205 and may be mailed to the department or you may renew your license online at www.MyFloridaLicense.com or with a Customer Contact Center Agent at 850.487.1395.

We will keep you up to date on all requirements as they are made known.  Keep an eye on our blog and e newsletter for the most current information available. If you are interested in obtaining this license or have any questions, just give us a call! We are always here to help.

Elimination of the Qualified Business Organization License

A lot of you are sending in questions regarding the qualified business licenses that will be expiring this August.  Effective October 1, 2009, the Department of Business and Professional Regulation no longer issued Certificates of Authority (qualified business licenses) to companies.  This means that you no longer need to renew this license because they no longer exist.

House Bill 425 eliminated the requirement for a separate business license for construction companies in Florida. Contractors will still be required to qualify construction businesses with their license and provide background information for the business they are seeking to qualify.

If you ever have questions or concerns about your licenses, we are here to help.  Just give us a shout. 

UPDATE YOUR INFORMATION WITH US!!

We’ve been trying to call our clients who haven’t filed their annual reports to remind them of the due date.  Unfortunately, a lot of numbers are no longer in service.  We want to be able to pick up the phone and call you when there is a deadline that we don’t want you to miss, but when we don’t have the correct contact information, that is impossible.

Please let us know if any of your contact information changes:  phone number, email address, or mailing address.  Let us be able to go the extra mile for you.  Take a moment to shoot an email to etc@licensesetc.com and let us know if you have changed your contact information. 

Do You Have $400 to Throw Away?

Yeah, neither do we!  So we want to remind you to file your annual report by May 1^st.  Every business formed prior to 2011 must file their annual report by this date.  If a report is filed late, an additional $400 penalty is levied to the standard fees.

In the past, there was a ‘loophole’ that could sometimes allow you to avoid the penalty when filing late.  That loophole was removed last year, so ALL late filings must pay the $400 late fee.  It’s definitely not worth waiting!  The standard fees are $150 for a Corporation and $138.75 for a Limited Liability Company.  If you wait until after May 1^st, that means the fees are $550 and $538.75 respectively. 

When filing your annual report, this is the time to make necessary changes.  Update your company address, registered agent and manager/officer information.  Be sure to check your spelling.  If information is mistyped, an amendment must be filed, which is an additional $35.

To clarify, this is NOT your license renewal.  Your license is up for renewal in August of every EVEN numbered year.  This is to keep your business active and retain your business name with the Department of State. If you don’t file it, the State will eventually dissolve your company. If you have any confusion on this matter, you know who to ask!

Filings are done online at www.sunbiz.org, but as always the gals at Licenses, Etc. would be happy to take this task off your hands!  Give us a call and we will make sure it is done correctly and on time! 

What You May Not Know About Worker’s Comp.

Have you obtained workers' compensation insurance or filed for an exemption with the Division of Workers' Compensation?

The Facts:

·        An exemption only costs $50 and is good for 2 years. 

·        Up to 3 people per company can be exempt. 

·        A person must own at least 10% of the company to file for an exemption.

·         If the company qualifier is NOT an owner, he or she MUST be covered under the company’s WC policy. 

·        Same holds true for any non-owner employee. 

You may think you’re “legal” because you’re covered under one company’s name, but that may not be the case.  When you license a company, you are required to either have WC insurance or a WC exemption for that company, EVEN IF THAT COMPANY ISN’T ACTIVELY WORKING AT THE PRESENT TIME.  The DBPR requires you to be in compliance with Chapter 489.114 and says, “any person, business organization, or qualifying agent engaged in the business of contracting in this state and certified or registered under this part shall, as a condition precedent to the issuance or renewal of a certificate or registration of the contractor, provide to the Construction Industry Licensing Board, as provided by board rule, evidence of workers’ compensation coverage pursuant to chapter 440.”

What can happen if you are caught without workers’ compensation coverage or an exemption for any and all companies that you qualify?  The department shall notify the persons or entities governed by this section who have been determined to be in noncompliance with chapter 440, and the persons or entities notified shall provide certification of compliance with chapter 440 to the department and pay an administrative fine in the amount of $500. The failure to maintain workers’ compensation coverage as required by law shall be grounds for the board to revoke, suspend, or deny the issuance or renewal of a certificate or registration of the contractor under the provisions of s. 489.129.

You can find the exemption form here: http://www.myfloridacfo.com/wc/pdf/DWC-250.pdf. 

Or call us and we will give you information on how to get coverage. 

Would you like to verify your WC status with the state?  Go here:  https://secure.fldfs.com/WCAPPS/Compliance_poc/wPages/query.asp to access the state’s records for WC coverage and exemptions.  If you’re not listed, you need to resolve this immediately!

These rules may not have been actively enforced in the past, but this is the law.  The Boards are tightening their reins and pursuing prosecution.  You really cannot ignore this.

Please contact us if you have questions about any of the next steps you should be taking after receiving your license.  We are here to help you.

Florida UC Assessment

It appears the Florida Department of Revenue is hitting mailboxes this week with tax assessment notices [bills].

These taxes ARE NOT due to an incorrect filing or underpaid deposit.

In a nutshell, the Florida unemployment ‘piggybank’ has been empty for years.  Because that fund is basically insolvent, Florida continues to borrow from Uncle Sam to meet its unemployment obligations.

All of us as Florida employers must bear the burden of paying the interest on that debt, and that is what these notices pertain to.  It appears the state is examining a look-back period of 7/1/09 through 6/30/10 for the purposes of computing each firm’s obligation.

The formula for calculating the payment is specified by law.  The calculation is based on your taxable wages reported from 7/1/09 through 6/30/10 which is listed as line 1 on your bill.  There will be a flat charge of $25 for any delinquent quarter which is line 2 on your bill.

Call us with any questions.

-    Thanks to Greg Borden at Olde Florida Payroll for this information.

Time Is Almost Up to Grandfather for Home Inspection and Mold Licenses

Our phones have been ringing with questions about Mold and Home Inspection licenses.  These new licenses came into existence in July of 2010.  The DBPR has provided a short window of time to get licensed via Grandfathering—a process with dramatically fewer requirements than the normal licensing procedure.  The deadline to Grandfather for these licenses is March 1, 2011.  It is important to note that having a State Certified Contractor license has NOTHING at all to do with getting any of these licenses; however having these new licenses may be a nice compliment to the licenses that you may already hold.  Grandfathering is a once-in-a-lifetime opportunity with the DBPR.  Future requirements will be as stringent as the requirements to become a Certified Contractor!!

Mold Remediation and Mold Assessment are two separate licenses.  Each can be grandfathered in one of two different ways.  By far the easiest is by belonging to a state or national mold-related association, completing 30 hours of CEUs for Mold Remediation and 60 hours of CEUs for Mold Assessment on mold related services, and applying with the DBPR.   The other option is to Grandfather via Experience.  To do this you must establish at least 3 years of experience by submitting at least 40 invoices for mold assessment or mold remediation (as applicable to the license desired). The DBPR may investigate the validity of a mold invoice and, if the applicant submits a false invoice, may take disciplinary action.  
There are also two ways to grandfather into a home inspector license.  The easiest way is to belong to a state or national home inspection association, complete 14 hours of home inspection CEUs, and then apply with the DBPR.  The other option is to Grandfather via Experience.  To do this you must establish at least 3 years of experience as a home inspector and complete at least 14 hours of verifiable education on home inspection services. To establish the 3 years of experience, you must submit a list of at least 120 home inspection reports. The DBRP may investigate the validity of a home inspection report submitted and, if the applicant submits a false report, may take disciplinary action. 

Please note that these licenses are individual licenses—they do not qualify a business.  This means that there must be a licensee on site at each project that is being worked on.  So there will need to be a licensed mold remediator on each project while work is being performed.  You cannot have staff working on a project without having a licensee present.  Assessment work can only be performed by a licensed assessor.  Reconstruction can only be performed by an appropriately licensed contractor.

How can Licenses Etc. help you get licensed quickly and easily? 

As always, we make preparing the application forms as easy as possible for our clients.  We have created a special discounted fee structure for people who are trying to beat the grandfathering deadline.  Because we know that many of you will be applying for two or maybe even three of these licenses, we’ve developed a package deal. 

Initial Licensing:  Grandfathering (via certification and education only)

Mold Remediator, Mold Assessor or Home Inspector:

1^st application per applicant:  $300—additional concurrent applications $150 each

This charge includes the following:

§   Typed, easy-to-read forms (with the exact information required to get your application approved the first time!)

§   In-depth, 2-time review of the entire application package to ensure everything is exactly right and all necessary supporting documents are included

§   Overnight shipping to the DBPR

§   Monitoring of DBPR’s approval process and immediate response to any issues that arise

§   Unlimited time from us to provide assistance and answer any questions you have related to the license and application process

§   A copy of your entire license package sent to you once we send it to DBPR

You will need to provide proof of certification by a state or national association for the requested license type(s) through proof of a proctored examination and also proof of completing the required number of hours of education per license type(s).  We can provide information on different courses that are available…just let us know if you need details.

The other costs for you are the class/membership fees, the DBPR application fee, and the fingerprinting fee. The application fees must be separate checks made out directly to the DBPR for $330 for each license that you’re going to acquire. The fingerprinting costs are $57.25.

This pricing is valid for deposits received no later than February 15^th 2011.  Applications must be RECEIVED at the DBPR no later than February 28^th, 2011. 

Call us now and you can have the paperwork in hand when you complete the class.  What could be easier than walking out of class with everything together and ready to mail?  Contact us NOW…we’ll make things easy for you!

New Online System at the DBPR

The DBPR has implemented a new online system.  EVERYONE who has a license will need to Re-Register on the DBPR site to have access to their personal account.  If you’d like assistance, we can take care of this for you for $50 for the first license and $10 for each additional license in the state of Florida.  If you’d like to complete the process yourself, here are the steps you’ll need to follow:

Start here:  https://www.myfloridalicense.com/ActivateAccountInstruct.asp

Pick your profession (construction industry), and then click the registration button. 

A new window will open.

·         Enter your name (as it appears on your license)

·         Enter your email address (this will be your username) it will also be where your temporary password will be sent.

·         Answer one of three ‘secret’ questions:

1.       Mother’s maiden name

2.       Where you were born

3.       Street where you grew up

4.       Or you can create your own question.

·         Enter the randomly generated letters at the bottom (security thing)

At that time, an email will be sent to you with a temporary password that IS case sensitive.

You can then hit the ‘return’ button and go back to the login page.

·         Enter your username (email address) and password.

·         You will be taken to a page where you can then create your own password.

Now you’re logged in.

But here’s the crazy part.  Now you have to tell them which licenses are YOURS!!

·         Click on: Link an Existing License to My Account

·         Choose your profession (construction)

·         Choose your specialty (CGC, CPC, CFC, etc.)

·         Enter only the NUMERIC portion of your license

·         Click on Next

You’ll then be prompted to enter your SSN and another of those random security things.

It will then allow you to add the license number to your account.

*  You will need to repeat this process for all licenses.  *

Once these steps are complete, you can now click on your license to do maintenance options:

·         Address change

·         Change of status from Active to Inactive

·         View CEU credits

Feeling overwhelmed?  We are more than happy to help you with this process.  Contact us and we will get this off your to-do list immediately.

’Tis the season for Scammers!

Do you ever feel like everyone is out to get you?  Well, don’t dismiss that feeling all the time.

There’s a new scam out that is aimed at business owners.  The email you receive will start out with this:

Do not disregard this message. Your email address was provided by the
Florida Division of Corporations regarding YOUR COMPANY’S NAME.

NOTICE

ANNUAL REPORT ORDER NOW DUE:

Then the email will go on to list your federal tax ID number and lots of other personal information.

It even goes so far as to say that, “Your email address was supplied to us by the Florida Department of State, Division of Corporations.”  This is not true!

When one of our clients called this morning to ask what this was, we immediately took action and called the Department of State.  They have NOTHING to do with this company.  Another clue was the fact that it’s too early to even file annual reports.

This is a SCAM and should be disregarded.

The real truth?  You DO need to file annual reports after the 1st of the year, but not through Arvitas.  Annual reports can only be filed through SUNBIZ.ORG.

Ever have a question about something like this, call us.  We are here for you.

License Maintenance

All Florida contractors licensed by the Construction Industry Licensing Board (CILB) or the Electrical Contractors Licensing Board (ECLB) needed to renew their licenses by August 31, 2010. Hopefully, you've already taken care of this!

License renewals serve as a reminder of all the things contractors and business owners have to stay on top of to keep their businesses running. Most of our clients remember to renew their licenses, probably because of all the reminders they're given - from the state, from continuing education providers and from us. Still, some forget. And then there are all the other things that slip through the cracks:

• Business Annual Reports - In Florida, these are due every year by May 1. This is totally separate from your license. Every business, whether contracting or not, must file this report. If you miss the deadline, it's a $400 penalty. Ouch!! If you don't do it at all, the state dissolves your company and you are technically out of business.
• Local Business Taxes - Formerly known as Occupational Licenses in Florida, these are county taxes that must be paid every year, usually only in your "home" county. Counties differ on the due dates. In some counties, it's the same day every year. In others, it's the anniversary date of when you first filed. If you don't pay on time, more penalties. And you won't be able to pull permits.
• County registration of your state license - Some Florida counties only require you to register once and you're good until something changes with your license. Other county building departments require that you maintain registration every year. Unlike Local Business Taxes, county registration is required in virtually every county you work in. You can't pull permits without it. So be sure to stay on top of all of these!
• Workers Compensation Exemption - This expires every two years from the date your receipt was issued. If you don't renew in time, you can fall into extensive legal issues with the state and licensing board.

If you have multiple licenses, the above might be multiplied. If you have licenses in other states, the headache's increased exponentially.

We have good news for you! Licenses, Etc., is putting together a new offering of License & Business Maintenance services. Stay tuned to find out how we can remove your headache. Want to know more immediately? Contact us through www.LicensesEtc.com.