Florida’s electrical contractor licensing framework is often misunderstood—especially by business owners who are more familiar with the construction (CILB) “qualifier / FRO” world.
Here’s the key point:
- Florida does not use an “FRO” concept for electrical contractor qualification, but
- Your qualifier does not need to own the company. Florida law expressly allows the qualifier to be a “supervising employee.”
This post explains what that means, why it matters, and what responsibilities come with qualifying an electrical business in Florida.
The Statute That Answers the Big Question: Fla. Stat. 489.521(5)
Florida Statute § 489.521(5) states:
“At least one officer or supervising employee of the business organization must be qualified under this act in order for the business organization to be qualified to engage in contracting in the category of the business conducted. If any individual so qualified on behalf of the business organization ceases to qualify the business organization, he or she shall notify the board and the department thereof within 30 days after such occurrence. In addition, if the individual is the only individual who qualifies the business organization, the business organization shall notify the board and the department of the individual’s termination, and it shall have a period of 60 days from the termination of the individual to qualify another person….”
What this means in plain English
Even though there is no “FRO” pathway in the electrical licensing scheme, the law is clear:
- The qualifier may be an officer or a supervising employee.
- Ownership is not required.
- But the qualifier must actually function in a supervisory role—not just “lend” a license.
The Deadline Trap: 30 Days + 60 Days
Section 489.521(5) also creates two important timelines that can shut down operations if ignored:
- If the person qualifying the company stops qualifying it, the qualifier must notify the Board/Department within 30 days.
- If that qualifier was the only qualifier, the business generally has 60 days from termination to qualify another person.
If those steps are missed, the State can treat the business as no longer qualified to contract.
“Supervising Employee” Still Means Real Authority and Responsibility
A common misconception is:
“If the qualifier is just an employee, the owner can keep full control over everything.”
Not so.
Florida Statute § 489.522(1)(a) makes the qualifier’s role a serious one—especially for a primary qualifying agent:
“A qualifying agent is a primary qualifying agent unless he or she is a secondary qualifying agent under this section. All primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job.”
Practical takeaway
If your qualifier is a “supervising employee,” the qualifier is still expected to have genuine responsibility for:
- Supervision of operations
- Supervision of field work at all job sites
- Financial matters (company-wide and job-specific)
That’s not window dressing. It’s the statutory design.
The Application Reality: Approval Authority Over Payments and Contracts
In the real-world licensing process, the qualifier is typically required to acknowledge authority consistent with § 489.522—often including language like:
- “I have the authority for approving checks, payments, drafts and contracts on behalf of the business organization.”
- “I am 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).”
If the business structure does not actually support these statements, the arrangement can create licensing risk.
Florida Administrative Code: Rule 61G6-5.004(4)
Florida’s administrative rules reinforce the same concept. Rule 61G6-5.004(4) provides:
“For purposes of complying with Section 489.522(2)(c), F.S., a primary qualifying agent shall have the authority for approving checks, payments, drafts and contracts and for supervising all electrical or alarm contracting undertaken by the business organization.”
In other words: the qualifier must have real authority, and the business must be organized in a way that matches what the qualifier is certifying.
Key Takeaways for Florida Electrical Businesses
If you’re qualifying an electrical contracting company in Florida:
- ✅ Your qualifier does not need to own the company.
- ✅ The qualifier can be a supervising employee under § 489.521(5).
- ⚠️ But the qualifier’s role must be more than nominal:
- Real supervision of operations and field work
- Real financial responsibility
- Real approval authority over payments and contracts (especially for primary qualifiers)
And don’t ignore the continuity deadlines:
- 30-day notice when a qualifier stops qualifying the business
- 60-day window to replace the qualifier if the company only had one
Common Problem Scenario (and How to Avoid It)
The most common issue I see is when a company says “the qualifier is an employee,” but:
- the owner signs all contracts,
- the owner controls all bank disbursements,
- the qualifier has no documented authority,
- the qualifier is not meaningfully supervising job sites.
That mismatch between the “paper qualifier” and the statutory/rule expectations is where businesses get exposed.
A well-structured supervising-employee qualifier arrangement should include clear documentation of the qualifier’s role and authority, plus a practical workflow that reflects actual supervision.
Need Help Structuring a Supervising-Employee Qualifier Setup?
If you’re building a Florida electrical contracting business and want the qualifier relationship documented correctly—especially where the qualifier is not an owner—my office helps clients structure and document these arrangements to match Florida’s requirements.
Andrew Douglas, P.A.
Construction & licensing-focused legal counsel (Florida)
Disclaimer
This post is for general informational purposes only and is not legal advice. Licensing and qualification issues are fact-specific, and you should consult counsel regarding your specific structure and compliance requirements.