The agreement

What goes in a qualifier agreement in Florida?

Florida doesn't publish a standard agreement between a company and its qualifier. What it does spell out is what the qualifier is responsible for, and a good agreement is built around that. Here is what the law puts on the qualifier, the points a solid agreement covers, and the arrangements that get both sides in trouble.

General information about Florida law, not legal advice. Speak to a Florida construction attorney before entering any qualifying arrangement.

The short answer

A qualifier agreement should spell out how the qualifier actually supervises the work and the money, because that is what Florida holds them responsible for. Under Statute 489.1195, the primary qualifier is responsible for supervising all operations, all field work at all sites, and financial matters, unless the state approves a financially responsible officer.

What the law already decides

The qualifier swears they have final approval authority over all construction work and all business matters, including contracts, checks and payments, unless a financially responsible officer is approved (Statute 489.119).
The primary qualifier is responsible to supervise, direct, manage and control the company's contracting (Statute 489.105).
A qualifier who lends their license to a company they don't actually take part in can be disciplined, with fines up to $10,000 per violation (Statute 489.129).
The company's principals can't hide material activities from the primary qualifier (Statute 489.132).

What a solid agreement covers

How the qualifier supervises: site visits, permit reviews, how often, and how they're kept informed.
Their access: job files, permits, inspections, contracts, and the accounts they're responsible for.
How they're tied to the company: employment, ownership, or a written agreement.
Pay: the amount, the schedule, and what it covers.
Insurance: who carries what.
Leaving: notice, how open permits and jobs are handed off, and the 60-day replacement window (Statute 489.119).

W-2, ownership, or an agreement

Avoid these

Arrangements that get both sides in trouble.

Statute 489.127

Renting the number

Paying for the license number with no real involvement. That is license renting, illegal for both sides.

Statute 489.119

A no-interference deal

A side agreement that the qualifier won't interfere. It contradicts the authority the qualifier swears they have.

Statute 489.1195

Responsible, no access

A qualifier who is responsible for the money but has no access to it.

Qualifying more than one company

A qualifier who already qualifies one company needs the board's approval for each additional one, and has to show they can supervise it (Statute 489.119).

Owning 20% or more, or being a W-2 employee, can spare them a board appearance for a second company (Rule 61G4-15.0021).
From the third company on, the rules get stricter.

If your qualifier leaves

Under Statute 489.119, the company has 60 days from the day the qualifier leaves to bring on a new one, and it cannot take on new contracts until it does.

The state can give an officer of the company a temporary certificate, but it only covers jobs that were already signed.
The qualifier who left stays responsible for the work they supervised while they were there.
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When QualiFind places a qualifier, both sides sign a written agreement, and your own attorney can review it. Every qualifier's license is checked against the state's records, and you're matched by trade, area and the way you work.

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Common questions

Frequently asked questions

Is there a standard state form for the agreement?+

Florida has application forms and affidavits, but no standard contract between the company and its qualifier. That's why the terms matter.

Does QualiFind provide the agreement?+

When we place a qualifier, both sides sign a written agreement through QualiFind. Your own attorney can review it before you sign.

Does the qualifier have to own part of my company?+

Not for the first company they qualify. What Florida requires is final approval authority over the work and the money. Ownership or W-2 status matters when they qualify additional companies.

Can the qualifier stay out of the money side?+

Only if the state approves a financially responsible officer, who then takes over the financial side.

What happens if the qualifier leaves?+

The company has 60 days to bring on a new one and can't take new contracts in the meantime.

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