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Florida Statute 489.1195 - Full Text and Legal Analysis
Florida Statute 489.1195 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 489.1195 Case Law from Google Scholar Google Search for Amendments to 489.1195

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 489
CONTRACTING
View Entire Chapter
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 CourtListener

Amendments to 489.1195


Annotations, Discussions, Cases:

Cases Citing Statute 489.1195

Total Results: 8

Mivan (Fla.), Inc. v. Metric Constructors, Inc.

857 So. 2d 901, 2003 Fla. App. LEXIS 12837, 2003 WL 22023189

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1774224

Cited 9 times | Published

organization in general and for each specific job." § 489.1195(1)(a), Fla. Stat. (1997). The qualifying agent

Mitchell v. Edge

598 So. 2d 125, 1992 WL 75637

District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 1737817

Cited 8 times | Published

pursuant to section 489.119. See § 489.1195, Fla. Stat. (1988). Section 489.1195 states, "[a]ll qualifying agents

Taylor Morrison Services, Inc. v. Ecos

163 So. 3d 1286, 2015 Fla. App. LEXIS 8096, 2015 WL 3407929

District Court of Appeal of Florida | Filed: May 28, 2015 | Docket: 60247682

Cited 1 times | Published

for all of Appellant’s construction projects. § 489.1195(1)(a), Fla. Stat. (2003); Alies v. Dep’t of Prof'l

CAM Bradford Homes, LLC v. Wayne Arrants and Berkely Arrants

District Court of Appeal of Florida | Filed: Jun 20, 2025 | Docket: 70590496

Published

secondary qualifying agent under this section.” Id. § 489.1195(1) (emphasis added).

Stasinos v. State, Department of Business & Professional Regulation

209 So. 3d 18, 2016 Fla. App. LEXIS 15177

District Court of Appeal of Florida | Filed: Oct 13, 2016 | Docket: 60259170

Published

KLINGENSMITH, JJ., concur. . Pursuant to section 489.1195(1)(a), Florida Statutes (2015), qualifying

Boatwright Construction, LLC v. Tarr

958 So. 2d 1071, 2007 Fla. App. LEXIS 9274, 2007 WL 1712484

District Court of Appeal of Florida | Filed: Jun 15, 2007 | Docket: 64851117

Published

responsibilities of a qualifying agent are set forth in section 489.1195, Florida Statutes (2000). It is clear from

Shimkus v. State, Department of Business & Professional Regulation, Construction Industry Licensing Board

932 So. 2d 223, 2005 Fla. App. LEXIS 9223, 2005 WL 1398161

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 64845522

Published

guilty of abandoning a construction project. Section 489.1195(l)(a) makes qualifying agents for a business

Loeffler v. Florida Department of Business & Professional Regulation

739 So. 2d 150, 1999 Fla. App. LEXIS 10439, 1999 WL 562148

District Court of Appeal of Florida | Filed: Aug 3, 1999 | Docket: 64790153

Published

Estoppel and Waiver, § 36. c. As set forth in § 489.1195(l)(a), Fla. Stat., the qualifying agent of a