The Florida Statutes require that every person engaged in the business of contracting in the state be certified or registered with the Construction Industry Licensing Board (the “Board”) in accordance with state regulations. However, a person who is not certified or registered may nonetheless perform some construction work under the supervision of a person who is certified or registered, provided that the work being performed is within the scope of the supervisor’s license. The supervising contractor is known as a “Qualifier.”
While the Florida Statutes permit a person who is not certified or registered to perform some contracting work under the supervision of a Qualifier, having an agreement alone with a Qualifier is not enough. The Florida Statutes provide that an individual who proposes to engage in contracting in the individual’s own name, or a fictitious name where the individual is doing business as a sole proprietorship, must obtain a license issued only to that individual. On the other hand, if an individual proposes to engage in contracting as any business organization, or in any other name other than the individual’s legal name, the business organization must apply for a certification through its qualifying agent. Moreover, a joint venture, including a joint venture with a qualified business organization, is itself a separate organization that must be qualified and must obtain a certification in accordance with State requirements.
In addition to these requirements, your qualifying agent is required to notify the Department of Business and Professional Regulation (“DBPR”) that he or she proposes to engage in contracting in his or her own name or in affiliation with another business organization. Such new business is also required to supply the same information to the DBPR. Ultimately, the Board must issue a certificate of authority in the business organization’s name to allow any contracting work.
There are some exceptions to above certification requirements. However, these exceptions are limited and still require any business organization engaged in contracting to provide the DBPR with the name and license number of each registered or certified contractor employed by a business organization to supervise contracting activities.
Not all construction work can be performed under the supervision of a registered or certified supervising contractor. The Florida statutes require all persons engaged in the following contracting work to obtain a category-specific contracting license: (1) sheet metal contracting; (2) roofing; (3) air conditioning contracting; (4) mechanical contracting; (5) commercial pool/spa contracting; (6) residential pool/spa contracting; (7) swimming pool/spa servicing contracting; (8) plumbing contracting; (9) underground utility and excavation contracting; and (10) solar contracting.
Contracting without a license can lead to serious implications including, but not limited to, administrative fines up to $10,000 and criminal exposure. Make sure you are protected.