The Board proposes the rule amendment to clarify language concerning the requirements for certification; to update the requirement for compliance with Section 489.522(2)(c), F.S., regarding the primary qualifying agent’s authority for approving ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Electrical Contractors’ Licensing Board

RULE NO.: RULE TITLE:
61G6-5.003: Requirements Certification
61G6-5.004: Requirement for Business Organizations
61G6-5.010: Statement of Authority

PURPOSE AND EFFECT: The Board proposes the rule amendment to clarify language concerning the requirements for certification; to update the requirement for compliance with Section 489.522(2)(c), F.S., regarding the primary qualifying agent’s authority for approving checks, payments, drafts and contracts on behalf of the business organization; to clarify the language concerning the statement of authority.

SUMMARY: Language concerning the requirements for certification will be clarified; the requirement for compliance with Section 489.522(2)(c), F.S., regarding the primary qualifying agent’s authority for approving checks, payments, drafts and contracts on behalf of the business organization will be updated; language concerning the statement of authority will be clarified.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION:

During discussion of the economic impact of the rules at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Cost (SERC) was not necessary and that the rule amendment will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time. The Board has determined that the rules will not have an adverse impact on small business, or likely increase regulatory costs in excess of $200,000 in the aggregate within 1 year after implementation of the rule.

Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 489.507(3), 489.515(1), 489.521 FS.
LAW IMPLEMENTED: 489.505(12), (21), (22), 489.511(2), 489.515(1), 489.521, 489.522 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Juanita Chastain, Executive Director, Electrical Contractors’ Licensing Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

 

THE FULL TEXT OF THE PROPOSED RULES IS:

61G6-5.003 Requirements for Certification.

(1) through (2) No change.

(3) All applicants attempting to demonstrate qualification by experience pursuant to Section 489.511(2)(a)3.a., b., c., F.S., must forward the following to the Board:

(a) A complete list of contracts by the applicant underway at the time of filing, along with a representative list of electrical contracts or alarm contracts, as applicable, completed in the requisite number of years preceding the date of application pursuant to the applicable part of the statute noted above. The list shall include the description of each job, location, owner, architect or engineer, and general contractor. If the applicant has been employed by a Florida Certified Electrical, Alarm or Specialty contractor for the requisite number of years preceding the date of application, he/she may have that licensee verify that he/she meets the requirements pursuant to the applicable part of the statute noted above on a form prescribed by the Department in lieu of providing a list of contracts.

(b) Statements prepared and signed in the presence of a notary by some person or persons other than the applicant for licensure by examination or endorsement listing chronologically the active experience of the applicant for examination in the trade., The statements shall includeing the name and address of employers, and dates of employment. along with Ccopies of W-2 forms must be submitted with the application.

(4) No change.

Rulemaking Authority 489.507(3) FS. Law Implemented 489.505(12), (21), (22), 489.511(2), 489.521 FS. History–New 1-2-80, Amended 4-17-80, 10-4-84, Formerly 21GG-5.03, Amended 12-24-87, 7-9-89, 3-13-90, 11-26-90, 7-8-91, Formerly 21GG-5.003, Amended 3-20-94, 11-30-94, 7-13-95, 1-18-96, 9-22-97, 10-1-03, 12-6-10, 7-17-11,_________.

 

61G6-5.004 Requirement for Business Organizations.

In 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:

(1) through (3) No change.

(4) For purposes of complying with Section 489.522(2)(c), F.S., a primary qualifying agent shall affirm he/she has the submit a notarized letter from a bank official concerning check writing authority or chief financial officer to demonstrate the applicant has authority for approving checks, payments, drafts and contracts on behalf of the business organization.

Rulemaking Authority 489.507(3), 489.515(1), 489.521 FS. Law Implemented 489.515(1), 489.521, 489.522 FS. History–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,_________.

 

61G6-5.010 Statement of Authority.

Any person applying for the issuance of a certificate or registration to engage in contracting in other than his/her individual capacity, or any registrant or certificate holder applying to qualify a partnership, corporation, business trust or other legal business entity shall affirm that he/she is responsible for supervision of all operations of the business organization; including, all field work at all sites and financial matters (both in general and for each specific job) furnish as part of his application a statement is legally qualified to act for the business organization in all matters connected with its contracting business and that he has authority to supervise construction undertaken by such business organization.

(1) If he is qualifying a partnership such statement shall be signed by all partners or, in the event of a limited partnership, by the general partners.

(2) If he is qualifying a corporation, such statement shall be contained in a copy of the official minutes of that corporation, certified and attested to by its secretary.

(3) If he is qualifying a business trust, joint venture or any other legal business entity, such statement shall be signed by the trustees, or by such other persons as will legally bind that business entity.

Rulemaking Specific Authority 489.507(3), 489.521 FS. Law Implemented 489.521 FS. History–New 5-20-92, Formerly 21GG-5.010, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Electrical Contractors’ Licensing Board

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Electrical Contractors’ Licensing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 18, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 21, 2011