Construction & Electrical Qualification – Termination of Qualifier

Fla. Stat. 489.113(3)(a) requires that a qualified business replace its qualifier within 60 days of qualifier termination of qualification. The company cannot continue to operate as a construction business until it replaces its qualifier, however, it may obtain a temporary certificate permitting it to complete incomplete jobs. The analogous electrical contracting statute seems to indicate … Read more

Florida Eliminates Construction Licensing by Local Governments.

Passed in 2021, Fla. Stat. 163.211 eliminates local government’s ability to regulate and license specialty contractors (such as painters, flooring, landscapers, pavers and others whose work does not involve life safety implications.) Generally, the new licensing scheme eliminates the requriements for contractor’s to seek licensure from their local governments, and potentially eliminates the need for … Read more

Evictions: Residential Tenant Must Provide Supporting Documentation with Motion to Determine Rent

Fla. Stat. § 83.60 requires that “If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. “  From this it is clear, that just a base allegation that the rent as alleged in the complaint is wrong, does not entitle Tenant to a … Read more

Eviction Law- Residential Tenant Files for Bankruptcy Protection

Despite Florida’s streamlined statutory framework for residential evictions, tenants maintain several tools to delay the eventual final judgment of eviction. A bankruptcy filing will delay an eviction process by the imposition of the automatic stay under 11 U.S. Code § 362. While inconvenient, the bankruptcy filing should only temporarily impede the eviction process. The Bankruptcy … Read more

Fla. Stat. 713.24 Lien Transfer to Cash by Interested Party Non-Owner, Are you obligated to increase security?

If a (non-owner) interested party (Contractor, Subcontractor) transfers to cash a lien placed on the Owner’s property, is that party perpetually obligated to increase security upon motion and order obtained by the foreclosing plaintiff for the pendency of the case. The law is unsettled, but seems to answer this question in the negative. Florida Law … Read more

DPBR Complaint: You received a Uniform Complaint. What do you do now?

The Division of Professional and Business Responsibility (DBPR) is the Florida agency responsible for regulating many licensed professionals through its multiple divisions including contractors, real estate professionals, architects, engineers, and much more. A member of the public can submit a Uniform Complaint form, or the Department may initiate a investigation. If the Department believes that … Read more

Auto Insurer Cannot Retain Premium Paid to Reinstate After Non-Payment Cancellation and Deny Coverage for Accident Occurring during Cancellation Period

Even if an insurer maintains right to deny coverage or to rescind a policy or its reinstatement, it cannot have its cake and eat it too. When an insured reinstates a policy after cancellation for non-payment, the insurer cannot deny coverage and retain premium paid for the time period covering the loss event. Florida law … Read more

Construction Qualifying : No, your Qualifier doesn’t need an ownership interest in the Qualified Business.

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) There is no requirement for a qualifier to own a percentage of the qualified business. There is no requirement that the qualifier of your construction business must have an ownership interest in your company in order for the DPBR … Read more

Qualifying a Construction Business in Florida: How much should the Qualifier be paid?

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) Oftentimes, Qualifiers ask the firm when preparing their Qualifier Agreements, “How much should I get paid?” While, there is no clear answer to this question, there are some things to consider . First and foremost, a qualifier should ask … Read more

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