§ 8-31. Business organizations, qualifying agents.

(1)

If an individual proposes to engage in contracting in the individuals own name, or a fictitious name where the individual is doing business as a sole proprietorship, registration or certification may be issued only to that individual.

(2)

(a)

If a person and/or applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant's legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the person and/or applicant must obtain a certificate of authority for the business organization. The business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any (effective April 1, 2002).

(b)

The application for a certificate of authority must state the name of the partnership and of its partners; the name of the corporation and of its officers and directors and the name of each of its stockholders who is also an officer or director; the name of the business trust and its trustees; or the name of such other legal entity and its members and must state the fictitious name, if any, under which the business organization is doing business.

1.

The application for primary qualifying agent must include an affidavit on a form provided by the board attesting that the applicant has final approval authority for all construction work performed by the entity and that the applicant has final approval authority on all business matters, including contractors, specifications, checks, drafts, or payments, regardless of the form of payment, made by the entity, except where a financially responsible officer is approved.

2.

The application of financially responsible officer must include an affidavit on a form provided by the board attesting that the applicant's approval is required for all checks, drafts, or payments, regardless of the form of payment, made by the entity and that the applicant has authority to act for the business organization in all financial matters.

3.

The application for secondary qualifying agent must include an affidavit on a form provided by the board attesting that the applicant has authority to supervise all construction work performed by the entity as provided in section 8-32(2).

(c)

In addition, if a fictitious name is used, the applicant must furnish evidence of statutory compliance with, the provisions of Chapter 865.09(7), Florida Statutes.

(d)

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 and state statutes.

(e)

A certificate of authority, when issued upon application of a business organization and through a qualifying agent, will be issued to the business organization and the name of the business organization must 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 principal office.

(f)

A certificate of authority must be renewed every two (2) years from the date of original issuance. Upon this code becoming effective, all business organizations/entities required to obtain a certificate authority must obtain such certificate no later than the expiration date of the certificate of competency of its respective qualifying agent(s). In the event of more than one qualifying agent, expiration of the first certificate of competency shall be used.

(g)

Any person certified or registered pursuant to this code, Chapter 489, Florida Statutes, who has had his license revoked shall not be eligible to be a partner, officer, director, or trustee of a business organization defined by this section for a five-year period from the date of revocation. Such person shall also be ineligible to reapply for certification or registration under this code for a period of five (5) years from the date of revocation.

(3)

(a)

The qualifying agent shall be certified or registered under this code in order for the business organization to be certified or registered in the category for which the qualifying agent is certified or registered. If any qualifying agent ceases to be affiliated with such business organization, the qualifying shall notify the principal office. If such qualifying agent is the only certified or registered individual affiliated with the business organization, the business organization shall notify the principal office that the qualifying agent has ceased his affiliation with such business organization. The business organization shall have sixty (60) days from the termination of the qualifying agent's affiliation in which to employ another qualifying agent. The business organization may not engage in contracting until a qualifying agent is employed, unless the supervisor of the board's principal office or chair of the board has granted a temporary nonrenewable certificate or registration to the financially responsible officer, the president, a partner, or, in the case of a limited partnership, the general partner, who assumes all responsibilities of a primary qualifying agent for the entity. This temporary certificate or registration shall only allow the entity to proceed with incomplete contracts. For the purposes of this paragraph, an incomplete contract is one which has been awarded to, or entered into by, the business organization prior to the cessation of affiliation of the qualifying agent with the business organization or one on which the business organization was the low bidder and the contract is subsequently awarded, regardless of whether any actual work has commenced under the contract prior to the qualifying agent ceasing to be affiliated with the business organization.

(b)

The qualifying agent shall inform the principal office in writing when he proposes to engage in contracting in his own name or in affiliation with another business organization, and he or such new business organization shall supply the same information to the principal office as required of applicants under this code.

(c)

Upon a favorable determination by the principal office, after investigation of the financial responsibility, credit, and business reputation of the qualifying agent and the new business organization, the principal office shall issue, without an examination, a new certificate or registration in the qualifying agent's name, and the name of the new business organization shall be noted thereon together with a new certificate of authority in the business organization's name.

(4)

Reserved.

(5)

(a)

Each registered or certified contractor shall affix the number of his registration or certification to each application for a building permit and on each building permit issued and recorded. As a precondition for the issuance of a building permit, a contractor taking out the permit must provide verification giving his or her state certification or registration number [§489.119(6)(a)]. Compliance with this section may be achieved either by personally appearing at each permit application and issuance with proof of licensure and insurance or by filing said information with the board's principal office.

(b)

The registration or certification number of each contractor or certificate of authority number for each business organization shall appear in each offer of services, business proposal, or advertisement, regardless of the medium, as defined by board rule, used by that contractor or business organization in the practice of contracting. For the purposes of this part, the term "advertisement" does not include business stationery or any promotional novelties such as balloons, pencils, trinkets, or articles of clothing.

(6)

Upon approval each qualifying agent shall pay the principal office an amount equal to the original fee for certification or registration of a new business organization. If the qualifying agent for a business organization desires to qualify additional business organizations, the principal office shall require him to present evidence of ability and financial responsibility for each such organization. The issuance of additional certifications or registrations is discretionary with the principal office.

(7)

If a business organization or any of its partners, officers, directors, trustees, or members is found guilty or enters a plea of no contest for violating Chapter 489.129(2), Florida Statutes, or this code, the principal office may, on that basis alone, deny issuance of a certificate or registration to a qualifying agent or a certificate of authority to a business organization on behalf of a qualifying agent.

(Ord. No. 2001-21, § 1, 12-18-01; Ord. No. 2007-05, § 8, 4-17-07)