Articles of Interest

 The following excerpt from Florida Administrative Code specifies requirements for certification of experience.

61G4-15.001 Qualification for Certification.(1)(a) An applicant for certification must, as a precondition thereto, submit proof that he meets the eligibility requirements set forth in Section 489.111(2)(c), F.S., for the particular category in which he seeks to qualify. An applicant who seeks to meet the educational standard set forth in Section 489.111(2)(c)1., 2., or 3., F.S., must direct the college, university, junior college, or community college which he attended to submit proof to the Department that the applicant received the requisite amount of education. Active experience in the category in which the applicant seeks to qualify shall be verified by affidavits prepared or signed by a state certified Florida contractor, or an architect or engineer, in the applicant’s category, who is licensed in good standing or a licensed building official, who is active in the applicant’s category, employed by a political subdivision of any state, territory or possession of the United States who is responsible for inspections of construction improvements, listing chronologically the active experience in the trade, including the name and address of employers and dates of employment (which may be corroborated by investigation by the Board). Said affidavit shall be subscribed to in front of a notary.(b) Applicants shall follow the guidelines set forth in this section when seeking to verify active (more…)

General Terms

In general the term “contractor” means the person who is qualified for, and shall only be responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsequent paragraphs of this subsection. For the purposes of regulation under this part, “demolish” applies only to demolition of steel tanks over 50 feet in height; towers over 50 feet in height; other structures over 50 feet in height, other than buildings or residences over three stories tall; and buildings or residences over three stories tall.

A “certified contractor” means any contractor who possesses a certificate of competency issued by the department and who shall be allowed to contract in any jurisdiction in the state without being required to fulfill the competency requirements of that jurisdiction. Certified contractors are designated by an occupation code which begins with the letter “C“.

A “registered contractor” means any contractor who has registered with the department pursuant to fulfilling the competency requirements in the jurisdiction for which the registration is issued. Registered contractors may contract only in such jurisdictions. Registered contractors are designated by an occupation code which begins with the letter “R“.
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Beginning November 1, 2007 all applications for initial licensure as construction contractors will be required to have a criminal background check performed by the Florida Department of Law Enforcement. This requirement applies to applications for initial licensure, change of status, additional business, and endorsement. Each applicant will be required to submit electronic fingerprints through the department’s vendor Promissor. Starting October 1, 2007 the fingerprint fee for Promissor will be $56.25. You may contact Promissor at http://www.promissor.com/ or call at 1-877 238-8232. For additional information regarding this requirement please visit www.myflorida.com/dbpr/pro/cilb/faq.html.

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AMANDA ABBOTT
According to Section, 489.124(2)(a), Florida Statutes, “A certificate holder’s or registrant’s failure to notify the department of a change of address of phone number shall constitute a violation of this section”.

It is your responsibility as a license holder to notify the department in writing of your current mailing address and phone number. If your mailing address is not the same as your license location or physical address, you must also supply that information.

It is also your responsibility to provide proof that you notified the department of your changes. All correspondences generated in the department will be sent to the address of record including renewal notices, disciplinary investigation notifications and probation information.

If you have an open disciplinary case being investigated within the department and you change your address or phone number, you must notify the investigator and or prosecuting attorney working your case in addition to notifying the department. All correspondences involving your case will be sent to the address of record. Failure to change your address can result in additional charges being added to your case.

Please visit our website at www.MyFloridaLicense.com> Professions and Professional Boards > Construction Industry, for information on how to make a change in address regarding your license(s) or use the form on the last page of this newsletter.

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ANDY JANECEK
As a result of the current state of the construction industry in Florida we are seeing a rise in cases where financial problems for a construction company have meant financial harm to a consumer. We are committed to the protection of consumers and must maintain a high standard for our licensees when it comes to the financial well-being of Florida’s citizens.

The board has disciplined many contractors simply because the qualifying agent had no real control over or had taken little interest in the financial aspects of the business. As licensee and qualifying agent you can be held personally responsible for any financial harm that the business entity inflicts on a consumer.

The board takes note of the fact that many qualifying agents do not have ownership in the business they qualify and can prohibit principals in a qualified company from participating in another business if any wrong-doing has been committed. However, it is still the qualifying agent who must answer for any financial harm to the consumer, unless a board-approved financially responsible officer has been designated.

If you are qualifying a business entity and do not have ownership in the business or control of the business’ financial affairs, you should immediately get involved and make yourself aware of every aspect of the business. You may also wish to consider applying for the approval of a financially responsible officer.

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ANDY JANECEK
Did you know that if you are engaging in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, your business must be qualified through a licensed contractor and must obtain a qualified business license? Have you also considered that any contract executed by an unlicensed business entity may be unenforceable under Florida law? How would you like to do a job that requires a contractor’s license, only to find out that you may not be paid because your business entity is not properly qualified?

Before attempting to qualify a business entity you should consider your responsibilities as a licensed contractor and determine if you are willing to assume all of the responsibilities included in Chapter 489, Part I, Florida Statutes. When qualifying a business entity as a primary qualifying agent you must be willing and able to be responsible for the 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.

If the business entity has designated a board-approved financially responsible officer, the qualifying agent has relinquished responsibility for the financial matters of the business organization but is still solely responsible for supervising all construction operations and field work. Unless you are willing to assume all of these responsibilities you should reconsider your decision to qualify a business entity. For information about qualifying a business entity or obtaining approval for a financially responsible officer, you may contact the department’s Customer Contact Center at 850.487.1395, or visit our website, at www.MyFloridaLicense.com> Direct to Our Divisions > Professions and Professional Boards > Construction Industry.

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AMY LARISSA VAUGHNAre you aware that if a qualifying agent passes away, the business entity is eligible for a Temporary Nonrenewable Certification? It’s true. This certification allows a company in good standing to finish all the projects that were started prior to the contractor’s death.In accordance with Section 489.121, Florida Statutes, someone from the company can assume all responsibilities of the primary qualifying agent for that entity.

If an incomplete contract exists at the time of death of a contractor, the contract may be completed by any person even though not certified or registered. Such person shall notify the board, within 30 days after the death of the contractor, of his or her name and address, knowledge of the contract(s), and the ability to complete it. If the board approves, he or she may proceed with the contract.” Section 489.121, Florida Statutes.

If this situation should ever occur, please notify the department within 30 days of the death of the contractor, along with the following items:

• A written letter, on company letterhead, advising the Department of Business and Professional Regulation of the death. This letter should be addressed to G.W. Harrell, Executive Director for the Construction Industry Licensing Board, and should be from the person who is assuming the responsibility of the primary qualifying agent. This person should already be affiliated with the business entity and should explain the qualifications that he or she possesses. We must have in writing that this person is assuming the responsibility.
• A copy of the death certificate.
• A list of all contracts/permits that are currently under construction. Please include the permit number, permit location, and municipality in which the permit was pulled.

Once you have all the information required for the Temporary Nonrenewable Certification, you should mail it to:

G.W. Harrell, Executive Director
Construction Industry Licensing Board
Department of Business and Professional Regulation
1940 North Monroe Street, #N14
Tallahassee, Florida 32399-1039

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