For Rule 61G6-5.001, F.A.C., the Board proposes the rule amendment to clarify definitions of Alarm System and Alarm System Contractor. For Rule 61G6-5.002, F.A.C., the Board proposes the rule amendment to delete unnecessary ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Electrical Contractors' Licensing Board

RULE NO.:RULE TITLE:

61G6-5.001Definitions

61G6-5.002Application for Certification by Examination

61G6-5.004Requirement for Business Organizations

61G6-5.006Certification of Additional New Business Entity or Transfers

61G6-5.010Statement of Authority

PURPOSE AND EFFECT: For Rule 61G6-5.001, F.A.C., the Board proposes the rule amendment to clarify definitions of Alarm System and Alarm System Contractor. For Rule 61G6-5.002, F.A.C., the Board proposes the rule amendment to delete unnecessary or outdated language. For Rule 61G6-5.004, F.A.C., the Board proposes the rule amendment to delete unnecessary or outdated language and clarify language regarding compliance with Section 489.522(2)(c), F.S. For Rule 61G6-5.006, F.A.C., the Board proposes the rule amendment to update the location of the Application for Transfer form. For Rule 61G6-5.010, F.A.C., the Board proposes the rule amendment to clarify language regarding the Statement of Authority.

SUMMARY: For Rule 61G6-5.001, F.A.C., definitions of Alarm System and Alarm System Contractor will be clarified. For Rule 61G6-5.002, F.A.C., unnecessary or outdated language will be deleted. For Rule 61G6-5.004, F.A.C., unnecessary or outdated language will be deleted and language regarding compliance with Section 489.522(2)(c), F.S., will be clarified. For Rule 61G6-5.006, F.A.C., the location of the Application for Transfer form will be updated. For Rule 61G6-5.010, F.A.C., language regarding the Statement of Authority will be clarified.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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

RULEMAKING AUTHORITY: 489.507(3), 489.511 489.521 489.521(2), (3)(a) FS.

LAW IMPLEMENTED: 489.503(22), 489.505(1), (2), (10), (12), 489.511, 489.511(1), (2)(a)3.c., 489.515(1), 489.521 489.521(2), (3)(a), (8), 489.522 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ruthanne Christie, Executive Director, Electrical Contractors’ Licensing Board, 2601 Blair Stone Road, Tallahassee, FL 32399-0751.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61G6-5.001 Definitions.

As used in this chapter:

(1) through (11) No change.

(12) “Alarm System” means any electrical device, signaling device, or combination of electrical devices used to signal or detect a situation which causes an alarm in the event of a burglary, fire, robbery,  or medical emergency or equipment failure.

(13) “Alarm System Contractor” means a person whose business includes the execution of contracts requiring the ability, experience, science, knowledge and skill to lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace or service alarm systems for compensation, including but not limited to all types of alarm systems for all purposes. This term also means any person, firm, or corporation that engages in the business of alarm contracting under an expressed or implied contract; that undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to engage in the business of alarm contracting; or that by itself or by or through others engages in the business of alarm contracting. The scope of certification is limited to alarm circuits and equipment governed by the applicable provisions of Articles 725, 770 and 800 and 810 of the National Electrical Code, 1990 Edition. (Incorporated herein by reference.)

(14) through (17) No change.

Rulemaking Authority 489.507(3), 489.511 FS. Law Implemented 489.503(22), 489.505(1), (2), (10), (12), 489.511(1), (2)(a)3.c. FS. History–New 1-2-80, Amended 2-15-82, Formerly 21GG-5.01, Amended 2-23-86, 3-21-88, 11-26-90, 7-8-91, 5-20-92, 11-3-92, Formerly 21GG-5.001, Amended 12-26-93, 3-24-94, 7-13-95, 5-2-96, 5-6-96, 8-27-96, 2-13-97, 8-3-97, 1-4-98, 9-7-98, 10-1-03, 3-26-07, 7-15-07,                      .

 

61G6-5.002 Application for Certification by Examination.

An applicant for certification by examination or by endorsement shall submit a complete application on the form prescribed by the Department of Business and Professional Regulation together with all supporting data. The application shall be submitted to the Department and accompanied by the appropriate fee. Any application that is not complete within one year from date of initial filing will be closed. Copies of the application and other forms required can be obtained by contacting the Department at the following address: Electrical Contractors’ Licensing Board, 2601 Blair Stone Road, Tallahassee, Florida 32399-0751., or at: http://www.myflorida.com/dbpr/pro/elboard/documents/eclb_exam_enterable.pdf. The application is incorporated by reference in DBPR Rule 61-35.012, Florida Administrative Code.

Rulemaking Authority 489.507(3) FS. Law Implemented 489.511 FS. History–New 1-2-80, Amended 10-30-80, Formerly 21GG-5.02, Amended 10-30-88, 11-3-92, Formerly 21GG-5.002, Amended 4-5-95, 5-13-03, 1-23-05, 6-3-07, 7-19-11, 3-11-21, .

 

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) 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 61H1-20.007, F.A.C. (February, 2004). The financial statement must indicate a minimum net worth as indicated below for the following categories:

(a) through (b) No change.

(2) through (3) No change.

(4) For purposes of complying with Section 489.522(2)(c), F.S., a primary qualifying agent shall have affirm he/she has the authority for approving checks, payments, drafts and contracts and for supervising all electrical or alarm contracting undertaken by the business organization on behalf of the business organization.

Rulemaking Authority 489.507(3), 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, 2-8-12,                    .

 

61G6-5.006 Certification of Additional New Business Entity or Transfers.

(1) No change.

(2) The Application for Transfer form, incorporated by reference in DBPR’s Electrical Contractor’s Departmental Forms, set forth in rule 61-35.012, F.A.C., DB/FORMS/TRANSAPP Rev. 3/97, titled Application for Transfer, which is hereby incorporated by reference and will be effective 6-16-98, copies of which may be obtained from the Board office. Applications for Transfers or Additional Business Entities must be completed and received thirty (30) calendar days prior to a meeting of the Board.

(3) through (4) No change.

Rulemaking Authority 489.507(3), 489.521(2), (3)(a) FS. Law Implemented 489.521(2), (3)(a), (8) FS. History–New 1-2-80, Amended 4-16-82, 6-22-82, Formerly 21GG-5.06, Amended 11-3-92, Formerly 21GG-5.006, Amended 11-30-94, 5-2-96, 6-16-98, 8-15-06,                         .

 

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 demonstrate 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).

Rulemaking Authority 489.507(3), 489.521 FS. Law Implemented 489.521 FS. History–New 5-20-92, Formerly 21GG-5.010, Amended 2-8-12,                 .

 

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: April 21, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 18, 2023