Refusing to hire smokers

cigarettesjustice180_0The Florida Supreme Court has ruled that a public employer can legitimately refuse to hire smokers. The City of North Miami implemented a policy in 1990 that required job applicants to sign a sworn statement that they had not smoked for at least a year prior to their application for employment with the city. One job applicant challenged the policy in court after she was not hired by the city as a clerk-typist because she had refused to sign the statement. The applicant claimed that the policy violated her Florida constitutional rights by prohibiting her from smoking in the privacy of her own home. The Supreme Court held that the policy could be enforced because the applicant did not have a legitimate expectation of privacy concerning smoking given the variety of ways in which smoking is prohibited in public. The Court reasoned that the multitude of existing smoking regulations had essentially reduced an individual’s expectation of privacy on the issue of smoking when applying for a government job. The Court was not willing to expand the decision to private employment. However, to date, smokers in Florida have no statutory protection. Employers can refuse to hire applicants who smoke. Likewise, most employers, subject to a few exceptions, can ban smoking on their premises if they choose, including outdoor areas.

Unlicensed Activities

Here in Florida, after a storm or natural disaster strikes, unlicensed construction activity may increase as clean-up begins. Consumers should always ask to see the State of Florida professional license, which can be verified online at www.myfloridalicense.com or by calling 850-487-1395. Consumers should also avoid paying cash or writing checks to an individual, especially when the work is being done through a company.

If unlicensed activity is suspected, consumers within Florida should call 1-866-532-1440 or email ULA@myfloridalicense.com to report it. Any person who acts as an unlicensed contractor during a state of emergency as declared by executive order of the Governor is committing a third-degree felony.

Grandfathering of Registered Electrical Contractor’s Licenses

eclbHouse Bill 269, which passed during the 2013 legislative session, was approved by Governor Rick Scott on June 14, 2013. This bill will re-open and extend the time period for electrical, alarm, and specialty electrical contractors to request that their registered contractor’s license be grandfathered to a state wide certified contractor’s license. The time period requesting grandfathering of registered licenses has been extended until November 1, 2015. The re-opening of the grandfathering time period will take effect on July 1, 2013. Registered contractors may submit their application for grandfathering of their licenses beginning July 1, 2013.

EPA’s Lead-Safe Certification Program Important for Consumers

epa-logo-lead-certification(Lenexa, Kan., March 21, 2013) – Home repairs that create even a small amount of lead dust are enough to poison your child and put your family at risk. If you live in a home or apartment that was built before 1978 and are planning a renovation or repair project, make sure you renovate right with a Lead-Safe Certified contractor in accordance with EPA guidelines. He or she will know how to protect your family.

Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to children and adults.

Increased awareness about lead-based paint hazards and lead-safe work practices for do-it-yourselfers will help reduce lead poisoning in children, pregnant women, other family members and workers.

Consumers with more questions can call EPA Region 7 at 1-800-223-0425 and ask to speak with a lead paint specialist.

Facts about lead
FACT: Lead exposure can harm young children and babies even before they are born.
FACT: Even children who seem healthy can have high levels of lead in their bodies.
FACT: You can get lead in your body by breathing or swallowing lead dust, or by eating soil or paint chips containing lead.
FACT: You have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard.
FACT: Removing lead-based paint improperly can increase the danger to your family.
If you think your home might have lead hazards, go to www.epa.gov/lead or call EPA Region 7 at 1-800-223-0425 and ask to speak with a lead paint specialist.

Business Plan for a Startup Business

construction-contract-reviewThe business plan consists of a narrative and several financial worksheets. The narrative template is the body of the business plan. It contains more than 150 questions divided into several sections.

Work through the sections in any order that you want, except for the Executive Summary, which should be done last. Skip any questions that do not apply to your type of business. When you are finished writing your first draft, you’ll have a collection of small essays on the various topics of the business plan. Then you’ll want to edit them into a smooth-flowing narrative.

Click here for the FULL Business Plan

Swimming Pool Specialty License

Building a Pool1. What Swimming Pool Specialty Licenses are available?
Layout, Structural, Excavation, Trim, Decking, Piping and Finishing licenses are available.  These are certified specialty licenses that enable the license holder to perform work statewide.

2. Are sub-contractors allowed to hold multiple licenses?
Yes, sub-contractors may hold multiple licenses. Sub-contractors must complete a separate application form for each license category that they are seeking – applications in which the applicant has checked more than one license category will not be processed. Each application must be accompanied by the applicable fees.

Applicants are required to pay the practical examiner examination fee. This fee must be paid each time an exam is taken. The examiner fee is determined by the examiner, with a maximum of $200.00 per exam.

3. May I contract directly with the public with a swimming pool specialty license?
No, you may only contract with a licensed commercial or residential pool/spa contractor, or a licensed swimming pool/spa servicing contractor.

4. Where can I find the license application form?
The application can be obtained online at www.MyFloridaLicense.com > Apply For / Update a License. Download the form and check which license you are seeking on page 4 of the application.
If you do not have internet access or if you need assistance, please call the department’s Customer Contact Center at 850.487.1395.

5. What do I have to do to get licensed?

To become licensed, you must:
• Prove 4 years of experience in the category for which you are seeking licensure.
• Take and pass an exam either a written or practical exam. Please note that the written exam is currently under development and not available at this time. Once it becomes available, information will be posted on the department’s website.
• If you choose to take the practical exam you MUST also complete a minimum of 3 hours of continuing education from a provider approved by the Construction Industry Licensing Board, consisting of:
a. 1 hour of workers compensation
b. 1 hour of workplace safety
c. 1 hour of business practice

• Meet other licensing requirements such as good moral character and financial responsibility.

6. Where can I get a list and contact details for practical examiners?
The Construction Industry Licensing Board maintains a database of practical examiners that  have taken the mandatory 2-hour course, which is available online at www.MyFloridaLicense.com > Our Businesses & Professions > Construction Industry > Public  Records > Construction Industry > Licensee Files.

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