Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Electrical Contractors’ Licensing Board
RULE NO: RULE TITLE
61G6-5.002: Application for Certification by Examination; Reexamination
61G6-5.003: Application for Examination for Certification
61G6-5.009: Endorsement
PURPOSE AND EFFECT: The purpose and effect for Rules 61G6-5.002 and 61G6-5.003, F.A.C., is to comply with new provisions of Section 489.511, F.S. requiring applicants to pass the certification examination prior to application; for Rule 61G6-5.009, F.A.C., it is to revise and clarify the existing language pertaining to requirements for endorsement and to delete obsolete language.
SUMMARY: In Rules 61G6-5.002 and 61G6-5.003, F.A.C., the language of the rules are amended to comply with new provisions of Section 489.511, F.S. requiring applicants to pass the certification examination prior to application; in Rule 61G6-5.003, F.A.C., the title of the rule is amended and the existing language pertaining to requirements for certification is revised and clarified; in Rule 61G6-5.009, F.A.C., the existing language pertaining to requirements for endorsement is revised and clarified and obsolete language is deleted.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 489.505(12), (21), (22), 489.511, 489.521 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: Anthony B. Spivey, Executive Director, Electrical Contractors’ Licensing Board, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

61G6-5.002 Application for Certification by Examination; Reexamination.

(1) An applicant for certification by examination or by endorsement shall submit the complete application form together with all supporting data (including information required to be submitted under Rules 61G6-5.004 and 61G6-5.003, F.A.C., if applicable) to the Department of Business and Professional Regulation. The application shall be accompanied by the application fee. All initial applications for examination must be completed and filed with the Department at least ninety (90) days prior to the date of the Technical/Safety examination that is administered by the Department. All applications not completed by the deadline will be automatically scheduled for the next examination. Any application that is not complete within one year from date of initial filing will be closed. The form is entitled “Examination Application,” DBPR ECLB 4451, Effective Date: November 12, 2004, and incorporated herein by reference. Applicants shall also complete the following forms: DBPR 0010, Master Individual Application, Effective Date: November 12, 2004, DBPR ECLB 4454, Work Experience, Effective Date: November 12, 2004, DBPR 0050, Explanatory Information for Background Questions, Effective Date: November 12, 2004, DBPR 0060, General Explanatory Description, Effective Date: November 12, 2004 and DBPR 0030-1, Attest Statement, Effective Date: November 12, 2004, incorporated herein by reference. Copies of the application and other forms required by this rule can be obtained by contacting the Department at the following address: Electrical Contractors’ Licensing Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0771, or at: http://www.myflorida.com/dbpr/pro/elboard/forms.html http://www.state.fl.us/dbpr/pro/forms/elboard/index.shtml.

(2) All retake exam applications, and any other required forms and documents must be completed and filed with the Department at least forty-five (45) days prior to the date of the Technical/Safety examination for which the individual is applying. The form is entitled “Retake Exam Application,” DBPR ECLB 4457, Effective Date: November 12, 2004, and incorporated herein by reference. Copies of the application can be obtained by contacting the Department at the following address: Electrical Contractors’ Licensing Board, 1940 North Monroe Street, Tallahassee, Florida 32399-0771, or at: http://www.state.fl.us/dbpr/pro/forms/elboard/ index.shtml.

(2)(3) The initial Business Computer-Based Test portion may be taken from the professional testing service at any time after the applicant has been approved to sit for the initial paper and pencil Technical/Safety examination. For re-examination on the Technical/Safety examination, a retake exam application must be submitted to the Department. For re-examination on the Business Computer-Based Test, a retake exam application is not required to be submitted to the Department. There shall be a 21-day waiting period between retakes of the Business Computer-Based Test.

Specific 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,_________.

 

61G6-5.003 Requirements Application for Examination for Certification.

(1) Any person desiring to take the certification by examination or applying for certification by endorsement pursuant to Section 589.511(6)(a), F.S., must establish that he or she meets eligibility requirements according to one of the following criteria:

(a) No change.

1. An applicant for certification examination who is a recipient of a degree in engineering or related field from an accredited four-year college or university may substitute his or her educational background for 1 year of experience in the trade as an electrical contractor or an alarm contractor, provided that the applicant causes the college or university he or she attended to forward a copy of his or her transcript to the Department.

2. through (4) No change.

Specific 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,________.

 

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(6)(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) No change.

(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(6)(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) No change.

(4) through (5) No change.

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: September 26, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 15, 2008 (5.002); September 19, 2008 (5.003 & 9)