Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Electrical Contractors’ Licensing Board
RULE NO: RULE TITLE
61G6-5.009: Endorsement
PURPOSE AND EFFECT: The Board proposes the rule amendment to correct statutory references.
SUMMARY: Statutory references will be corrected.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined the proposed rules will not have an impact on small business.
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.
SPECIFIC AUTHORITY: 489.507(3), 489.511(6) FS.
LAW IMPLEMENTED: 489.511(9) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Juanita Chastain, Executive Director, Electrical Contractors’ Licensing Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61G6-5.009 Endorsement.

(1) No change.

(2) If the applicant seeking licensure by endorsement engages in contracting as a sole proprietorship, then the applicant must demonstrate that:

(a) If the applicant is applying pursuant to Section 489.511(5)(a), F.S., he or she meets the requirements set forth in Section 489.511, F.S. and Rule 61G6-5.003, F.A.C.; and has passed a national, regional, state or United States territorial licensing examination that is substantially equivalent to the examination given for certification in Florida. The applicant currently possesses a statewide license as an electrical contractor under the laws of another state, and was required in order to be so licensed to meet standards of credit, financial responsibility, business reputation, and necessary experience or the educational equivalent thereof substantially similar to or more stringent than those required for licensure by Florida law and these rules; and

(b) The out-of-state license was issued upon the satisfactory completion of an examination substantially similar to or more stringent than the examination given by the Department.

(b)(c) If applicant is applying pursuant to Section 489.511(5)(6)(b), F.S., he or she must demonstrate that the criteria for issuance of the license was substantially equivalent to the certification criteria that existed in this state at the time the certification was issued.

(3) If the applicant seeking licensure by endorsement engages in contracting as a partnership, corporation, business trust, or other legal entity, then the applicant must demonstrate that:

(a) If the applicant is applying pursuant to Section 489.511(5)(a), F.S., he or she meets the requirements set forth in Section 489.511, F.S., and Rule 61G6-5.003, F.A.C.; and has passed a national, regional, state, or United States territorial licensing examination that is substantially equivalent to the examination given for certification in Florida; or The applicant currently possesses a statewide license as an electrical contractor under the laws of another state, and was required in order to be so licensed to meet standards of credit, financial responsibility, and business reputation substantially similar to or more stringent than those required by Florida law and these rules; and

(b) The out-of-state license was issued upon the satisfactory completion of an examination by the applicant’s qualifying agent which examination is substantially similar to or more stringent than the examination given by the Department; and

(c) The qualifying agent of the applicant was required under the laws of the other state to possess; and

(b)(d) If applicant is applying pursuant to Section 489.511(5)(6)(b), F.S., he or she must demonstrate that the criteria for issuance of the license was substantially equivalent to the certification criteria that existed in this state at the time the certification was issued.

(4) through (5) No change.

Rulemaking Specific Authority 489.507(3), 489.511(6) FS. Law Implemented 489.511(9) FS. History–New 1-2-80, Amended 10-30-80, Formerly 21GG-5.09, 21GG-5.009, Amended 2-13-97,                           ________.


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: January 20, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 31, 2009