The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 489
CONTRACTING

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F.S. 489.1195

489.1195 Responsibilities.—

(1) A qualifying agent is a primary qualifying agent unless he or she is a secondary qualifying agent under this section.

(a) All primary qualifying agents for a business organization are jointly and equally responsible for 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.

(b) Upon approval by the board, a business entity may designate a financially responsible officer for purposes of certification or registration. A financially responsible officer shall be responsible for all financial aspects of the business organization and may not be designated as the primary qualifying agent. The designated financially responsible officer shall furnish evidence of the financial responsibility, credit, and business reputation of either himself or herself, or the business organization he or she desires to qualify, as determined appropriate by the board.

(c) Where a business organization has a certified or registered financially responsible officer, the primary qualifying agent shall be responsible for all construction activities of the business organization, both in general and for each specific job.

(d) The board shall adopt rules prescribing the qualifications for financially responsible officers, including net worth, cash, and bonding requirements. These qualifications must be at least as extensive as the requirements for the financial responsibility of qualifying agents.

(2)(a) One of the qualifying agents for a business organization that has more than one qualifying agent may be designated as the sole primary qualifying agent for the business organization by a joint agreement that is executed, on a form provided by the board, by all qualifying agents for the business organization.

(b) The joint agreement must be submitted to the board for approval. If the board determines that the joint agreement is in good order, it shall approve the designation and immediately notify the qualifying agents of such approval. The designation made by the joint agreement is effective upon receipt of the notice by the qualifying agents.

(c) The qualifying agent designated for a business organization by a joint agreement is the sole primary qualifying agent for the business organization, and all other qualifying agents for the business organization are secondary qualifying agents.

(d) A designated sole primary qualifying agent has all the responsibilities and duties of a primary qualifying agent, notwithstanding that there are secondary qualifying agents for specified jobs. The designated sole primary qualifying agent is jointly and equally responsible with secondary qualifying agents for field work supervision.

(e) 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 for which he or she accepts responsibility.

A secondary qualifying agent is not responsible for supervision of financial matters.

(3)(a) A qualifying agent who has been designated by a joint agreement as the sole primary qualifying agent for a business organization may terminate this status as such by giving actual notice to the business organization, to the board, and to all secondary qualifying agents of his or her intention to terminate this status. The notice to the board must include proof satisfactory to the board that he or she has given the notice required in this paragraph.

(b) The status of the qualifying agent shall cease upon the designation of a new primary qualifying agent or 60 days after satisfactory notice of termination has been provided to the board, whichever first occurs.

(c) If no new primary qualifying agent has been designated within 60 days, all secondary qualifying agents for the business organization shall become primary qualifying agents unless the joint agreement specifies that one or more of them shall become sole qualifying agents under such circumstances, in which case only they shall become sole qualifying agents.

(d) Any change in the status of a qualifying agent is prospective only. A qualifying agent is not responsible for his or her predecessor’s actions but is responsible, even after a change in status, for matters for which he or she was responsible while in a particular status.

History.—ss. 11, 21, ch. 88-156; s. 4, ch. 91-429; s. 14, ch. 93-166; s. 484, ch. 97-103; s. 11, ch. 97-228; s. 4, ch. 98-116; s. 27, ch. 99-7.

F.S. 489.1195 on Google Scholar

F.S. 489.1195 on Casetext

Amendments to 489.1195

Arrestable Offenses / Crimes under Fla. Stat. 489.1195

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 489.1195.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STASINOS, v. STATE DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION,, 209 So. 3d 18 (Fla. Dist. Ct. App. 2016)

. . . Pursuant to section 489.1195(1)(a), Florida Statutes (2015), qualifying agents for a business organization . . .

TAYLOR MORRISON SERVICES, INC. f k a v. ECOS, 163 So. 3d 1286 (Fla. Dist. Ct. App. 2015)

. . . . § 489.1195(1)(a), Fla. Stat. (2003); Alies v. . . .

BOATWRIGHT CONSTRUCTION, LLC, v. R. TARR, R. v. LLC,, 958 So. 2d 1071 (Fla. Dist. Ct. App. 2007)

. . . The responsibilities of a qualifying agent are set forth in section 489.1195, Florida Statutes (2000) . . .

E. SHIMKUS, v. STATE DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD,, 932 So. 2d 223 (Fla. Dist. Ct. App. 2005)

. . . Section 489.1195(l)(a) makes qualifying agents for a business organization jointly and equally responsible . . .

MIVAN FLORIDA INC. n k a v. METRIC CONSTRUCTORS, INC., 857 So. 2d 901 (Fla. Dist. Ct. App. 2003)

. . . .” § 489.1195(l)(a), Fla. Stat. (1997). . . .

LOEFFLER, v. FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 739 So. 2d 150 (Fla. Dist. Ct. App. 1999)

. . . qualifying agent, a financially responsible officer, or a secondary qualifying agent responsible under s. 489.1195 . . . and Design, Inc., was not “qualified” by the licensee as that term is used in Sections 489.119 and 489.1195 . . . As set forth in § 489.1195(l)(a), Fla. . . .

MURTHY, v. N. SINHA CORP., 644 So. 2d 983 (Fla. 1994)

. . . In particular, they claim that sections 489.119 and 489.1195, Florida Statutes (1991), impose a duty . . . qualifying agent may be held individually liable for a breach of the duty created by sections 489.119 and 489.1195 . . .

C. MITCHELL S. v. D. EDGE R., 598 So. 2d 125 (Fla. Dist. Ct. App. 1992)

. . . See § 489.1195, Fla.Stat. (1988). . . . Section 489.1195 states, “[a]ll qualifying agents for a business organization are jointly and equally . . . sites; and for financial matters, both for the organization in general and for each specific job.” § 489.1195 . . .

C. BONESKI, v. DEPARTMENT OF PROFESSIONAL REGULATION,, 562 So. 2d 441 (Fla. Dist. Ct. App. 1990)

. . . the contractor is a primary qualifying agent or is a secondary qualifying agent responsible under s. 489.1195 . . .