§ 150.511. Business organizations; qualifying agents.

(1)

If a contractor proposes to engage in contracting as a partnership, corporation, business trust, or other legal entity or in any name other than his legal name, the contractor shall apply as a qualifying agent for said entity; the application shall state the name of the partnership and of its partners, the name of the corporation and its officers and directors, the name of the business trust and its trustees, or the name of such other legal entity and its members; and the contractor shall furnish evidence of statutory compliance if a fictitious name is used. Such application shall also show that the contractor is legally qualified to act for the business organization in all matters connected with its contracting business and that he has authority to supervise construction undertaken by such business organization. A joint venture, including a joint venture composed of qualified business organizations, is itself a separate and distinct organization that must be qualified in accordance with board rules. The certificate of competency, when issued upon application for a business organization, shall be in the name of the qualifying agent, and the name of the business organization shall be noted thereon. If there is a change in any information that is required to be stated on the application, the business organization shall, within forty-five (45) days after such change occurs, mail the correct information to the department.

(2)

The qualifying agent shall hold the appropriate certificate of competency appropriate for the category of the business conducted for which the business organization is licensed. If any qualifying agent ceases to be affiliated with such business organization, he shall so inform the department. In addition, if such qualifying agent is the only qualified individual affiliated with the business organization, the business organization shall notify the department of the termination of the qualifying agent and shall have sixty (60) days from the termination of the qualifying agent's affiliation with the business organization in which to employ another qualifying agent. The business organization may not engage in the contracting until a qualifying agent is employed.

(3)

The qualifying agent shall inform the department in writing when he proposes to engage in contracting in his own name or affiliation with another business organization, and he or such new business organization shall supply the same information to the department as required for qualifying any business organization.

(4)

Upon a favorable determination by the board, after investigation of the financial responsibility, credit and business reputation of the qualifying agent and new business organization, the department shall issue, without an examination, a new certificate of competency in the qualifying agent's name and the name of the new business organization shall be noted thereon.

(5)

If a qualifying agent for a business organization desires to qualify additional business organizations, the board shall require him to present evidence of ability and financial responsibility of each such organization. The issuance of additional certificates of competency is discretionary with the board.

(6)

If a business organization or any of its partners, officers, directors, trustees, or members is fined for violation F.S. ch. 489, or is disciplined for violation of this chapter, or has committed an act within the last three (3) years which, if committed or done by a licensed contractor, would be grounds for suspension or revocation of the contractor's certificate of competency the Board may, on that basis alone, deny issuance of a certificate of competency to a qualifying agent on behalf of that business organization.

(Ord. 90-43, passed 5-14-90; Am. Ord. 93-25, passed 6-14-93)