61G6-5.004. Requirement for Business Organizations  


Effective on Wednesday, February 8, 2012
  • 1In order that the Board may carry out its statutory duty to investigate the financial responsibility, credit, and business reputation of an applicant proposing to engage in contracting as a partnership, corporation, business trust, or other legal entity other than a sole proprietorship, an applicant shall be required to forward the following to the Department for review by the Board:

    61(1) A comprehensive financial statement reflecting the financial condition of the business organization in its previous fiscal year; provided, however, that the statement be prepared within 12 months of the date of filing of the application. The financial statement shall be prepared in accordance with generally accepted accounting principles, as defined by Rule 11461H1-20.007, 115F.A.C. (February, 2004). The financial statement must indicate a minimum net worth as indicated below for the following categories:

    134(a) Unlimited electrical and alarm contractor

    140$10,000

    142(b) Specialty Contractor

    145$5,000

    147(2) A report on the business organization from any recognized credit bureau which includes but is not limited to credit history, ability to be bonded, liens, judgments, suits, bankruptcy, and assignment of receivers obtained from county, state and federal records. The credit report must be dated within twelve (12) months of the date of filing the application.

    204(3) Answers to the following questionnaire on the application:

    213BUSINESS ORGANIZATION FINANCIAL RESPONSIBILITY QUESTIONNAIRE – HAS ANY PARTNER, OFFICER, DIRECTOR, OR TRUSTEE OF THE BUSINESS ORGANIZATION EVER:

    231(a) Undertaken construction contracts or work that a bonding or surety company completed or made financial settlement on your behalf? ___ Yes ___ No

    255(b) Had claims or lawsuits filed for unpaid or pastdue accounts by your creditors? ___ Yes ___ No

    273(c) Undertaken construction contracts or work which resulted in liens, suits or judgments being filed against you? ____ Yes ___ No

    294(d) Had a lien of record filed against you by the U.S. Internal Revenue Service or Florida Corporate Tax Division? ___ Yes ___ No

    318(e) Made an assignment of assets in settlement of construction obligations for less than the debts outstanding? __ Yes __ No

    339(f) Filed for bankruptcy voluntarily or involuntarily? ___ Yes ___ No

    350(g) Been charged with acting as a contractor without a license? ___ Yes ___ No

    365(h) Been convicted, entered a plea or found guilty or entered a plea of nolo contendere (regardless of adjudication) or any crime (other than a traffic violation)? ___ Yes ___ No

    396(i) I WILL NOTIFY THE ELECTRICAL CONTRACTORS’ LICENSING BOARD IN WRITING, WITHIN TEN (10) DAYS, UPON ANY CHANGE OF THE ABOVE LISTED ANSWERS TO THE FINANCIAL RESPONSIBILITY QUESTIONNAIRE OF THIS APPLICATION.

    427SIGNATURE OF QUALIFYING AGENT:

    431DATE: __________________________________________

    433SUBSCRIBED BEFORE ME THIS ______DAY OF ___, 20___.

    441_________________________________ NOTARY PUBLIC

    444IF YOU ANSWERED YES TO ANY QUESTIONS (A-H) ABOVE, ATTACH COMPLETE EXPLANATION FOR EACH YES ANSWER.

    460(4) For purposes of complying with Section 467489.522(2)(c), F.S., 469a primary qualifying agent shall affirm he/she has the authority for approving checks, payments, drafts and contracts on behalf of the business organization.

    492Rulemaking Authority 494489.507(3), 495489.515(1), 496489.521 FS. 498Law Implemented 500489.515(1), 501489.521, 502489.522 FS. 504History–New 1-20-80, Amended 4-17-80, 4-30-81, 1-11-84, Formerly 21GG-5.04, Amended 2-3-86, 11-23-86, 8-27-87, 12-24-87, 11-26-90, 7-8-91, Formerly 21GG-5.004, Amended 3-20-94, 11-30-94, 5-2-96, 2-13-97, 11-23-97, 4-14-98, 4-12-04, 7-17-11, 2-8-12.

     

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