QUALIFIER AGREEMENTS – W-2 EMPLOYMENT IS BEST, BUT THERE MAYBE ALTERNATIVES BASED ON THE UPDATED ADMINISTRATIVE RULE.

In Florida, qualifiers play a crucial role in ensuring that construction businesses operate within the law. While being a W2 employee remains the best practice for qualifiers who are not owners, recent changes to the Florida Administrative Code provide new alternatives. Updated Rule: 61G4-15.0024 Supervision of Business Entities The rule 61G4-15.0024 outlines the requirements for … Read more

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

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

Financially Responsible Officer Designation Not Available for Electrical Companies

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) Florida Statute 489.119 permits Construction Companies to designate a Financially Responsible Officer (FRO). This allows a construction company to bifurcate the construction responsibilities from the financial responsibilities of the company. This is used, generally, when a construction company utilizes … Read more

Florida DBPR CILB – Finding the Forms to Qualify Business Entities and Additional Entities on DBPR Website

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) Go to the Website for DBPR Construction Industry http://www.myfloridalicense.com/DBPR/construction-industry/ 2. Click on the Apply for a License Tab   3. Click on your License type. Choose form to Qualify Business or Qualify Additional Business. Forms Include: For new licensees … Read more

Construction Law: Qualifier/Qualifying Agreement – Qualifying Additional Business Entities – Proof of Supervision

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) In recent years, the Construction Industry Licensing Board (“CILB”)has expressed concerns with qualifiers that qualify more than one business entity. The CILB requires that a licensee appear before the board at a monthly meeting in order for the board … Read more

Construction Qualifiers: Qualifying More than One Construction Business in Florida

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) Can a construction licensee qualify more than 1 construction business? Yes. A qualifier may qualify two or more businesses. You may access the application to qualify an additional business entity online at http://www.myfloridalicense.com/dbpr/construction-industry/. However, the Construction industry licensing board … Read more

Construction Contractors: Qualifying Agent Responsibilities

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) To “qualify a business” means the contractor has agreed to accept full responsibility for the business, including financial transactions, signing permits, and supervising all jobs the business participates in. If you are the primary qualifying agent, you are responsible … Read more

Construction Companies: Secondary Qualifying Agent

(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) What is a Secondary Qualifying Agent? A secondary qualifying agent is responsible only for: 1. The supervision of field work at sites where his or her license was used to obtain the building permit; and 2. Any other work … Read more

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