If you are a licensed contractor in Florida looking to qualify an additional business organization, you might be wondering whether you need to appear before the Construction Industry Licensing Board (CILB). According to Rule 61G4-15.0021, the answer depends on specific circumstances related to your involvement with the new business.
Key Points of Rule 61G4-15.0021:
- Qualifying an Additional Business Organization:
- General Requirement: Any licensed contractor who wishes to qualify another business organization must obtain approval from the CILB.
- Mandatory Appearance: You must appear before the Board unless you meet certain exceptions:
- Ownership: You own 20% or more of the proposed business organization.
- Employment Status: You can unequivocally demonstrate that you have been hired as a W-2 employee of the proposed business.
- Qualifying Multiple Business Organizations:
- Three or More Businesses: If qualifying an additional business organization would result in you qualifying three or more businesses, you are required to appear before the Board.
Practical Scenarios:
- Scenario 1: If you already qualify one business and seek to qualify another, you may need to appear before the Board unless you own at least 20% of the new business or are clearly a W-2 employee.
- Scenario 2: If you are looking to qualify a third business, you must appear before the Board regardless of ownership percentage or employment status.
Conclusion:
While the rule sets forth who must appear before the board, it does not exclude the possibility that even if you are 20% owner or a w-2 employee, they you may be still asked to appear.
However, in your application if you can show clear W-2 employment, you will likely avoid board scrutiny in your qualification application.
A well drafted Qualifier Agreement submitted with your application indicating clear and unequivocal w-2 employment can streamline your application process. We are here to help you draft the necessary qualification agreement to meet your specific needs.