Arrestable Offenses / Crimes under Fla. Stat. 489.119
CopyCited 55 times | Published | Supreme Court of Florida
...[3] The district court held that the complaint stated a cause of action against Sinha for common-law negligence because the owners alleged both property damage and personal injury. [4] The court, however, affirmed the dismissal of the remaining claims because it determined that sections
489.119 and
489.129, Florida Statutes (1991), the regulatory and penal provisions of chapter 489, did not create a private cause of action against a qualifying agent....
...The owners contend that chapter 489 creates a cause of action against a qualifying agent who fails to supervise his corporation's construction projects and that the trial court, therefore, erred in dismissing their claims against Sinha. In particular, they claim that sections 489.119 and 489.1195, Florida Statutes (1991), impose a duty to supervise on the qualifying agent and a violation of that duty constitutes negligence per se or at least evidence of negligence sufficient to send the cause to a jury....
...Due to our analysis of the legislative history in this case we cannot assume that the legislature intended anything more. Accordingly, we reject the First District's conclusion that a corporation's qualifying agent may be held individually liable for a breach of the duty created by sections 489.119 and 489.1195....
...It is so ordered. GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur. NOTES [1] Chapter 489 requires a corporation or other business entity seeking to become a contractor to procure an individual licensed contractor as its qualifying agent. § 489.119, Fla....
...[4] Specifically, the owners alleged that the corporation prematurely cut an overhang which caused flooding inside the owners' home. In addition, the owners alleged that the corporation's activities caused a ceiling to collapse which resulted in personal injury to Mrs. Murthy. [5] See §
489.119, Fla. Stat. (1991); Gatwood v. McGee,
475 So.2d 720 (Fla. 1st DCA 1985); Hunt v. Department of Professional Regulation,
444 So.2d 997 (Fla. 1st DCA 1983); Alles v. Department of Professional Regulation,
423 So.2d 624, 626 (Fla. 5th DCA 1982). [6] See §§
489.119, .127, .129, Fla....
CopyCited 19 times | Published | Florida 5th District Court of Appeal
...Section
489.105 defines "contractor" as "the person who is qualified for and responsible for the entire project contracted for." The only way a company may be a contractor is by obtaining an individual licensed as a contractor as its "qualifying agent." §
489.119, Fla. Stat. (1981). In such event, the license for the corporation is issued in the name of the qualifying agent, as contractor, with a notation that it is for the benefit of the company, in order that the company may perform as a contractor. §
489.119(4), Fla. Stat. (1979). Subsection (2) of section
489.119 indicates that the application for a contractor to become a qualifying agent of a company must show "that the qualifying agent is legally qualified to act for the business organization in all matters connected with its contracting bus...
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 11180, 2005 WL 1704415
...Vacation Beach alleged that although Charles Boyd (an individual who was the principal of Boyd Construction), had been the qualifying agent for Boyd Homes, Boyd Construction had never had either a primary or secondary qualifying agent, as required by section 489.119(2), Florida Statutes (2004)....
...Certification allows a certificate holder to be involved in contracting for the type of work covered by the certificate, so long as the certificate is active. A certificate is awarded upon the passing of a licensing examination [1] and the satisfaction of the other requirements set forth in Part I of Chapter 489. Section 489.119(2), Florida Statutes (2004), which addresses the necessity for obtaining a certificate of authority to engage in contracting work by business entities such as Boyd Construction, states specifically that: If the applicant proposes to e...
...*377 A qualifying agent, according to the statute, must be certified or registered under Part I of Chapter 489 in order for a business organization to be issued a certificate of authority in the category of the business conducted for which the qualifying agent is certified or registered. See § 489.119(3)(a), Florida Statutes (2004)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 12837, 2003 WL 22023189
...However, in the event the contractor obtains or reinstates his or her license, the provisions of this section shall no longer apply. §
489.128, Fla. Stat. (1997). [2] If a business organization proposes to engage in contracting in Florida, it must *903 apply for a certificate of authority through a qualifying agent. §
489.119(2), Fla. Stat. (1997). The qualifying agent is "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." §
489.1195(1)(a), Fla. Stat. (1997). The qualifying agent must be certified or registered in order for the business organization to obtain a certificate of authority to conduct the type of contracting business for which the qualifying agent is certified or registered. §
489.119(3)(a), Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 3145, 2003 WL 1035713
...Michnal subsequently moved for summary judgment on Palm Coast's claim, asserting Palm Coast could not recover on either claim since it did not have a qualifying agent when the contract was terminated, since Behrens, Palm Coast's sole qualifier, had left Palm Coast back on June 6, 1997. See § 489.119(3)(a), Fla....
...The following analysis is highly fact specific, and this court's ultimate holdings should be narrowly construed. LEGAL ABILITY TO PURSUE LIEN Under Florida law, a construction company must apply for a certificate of authority ( i.e., a license) through a qualifying agent. § 489.119(2), Fla....
...(1997). Where a construction company loses its sole qualifier, as Palm Coast did when Behrens resigned, it may not engage in contracting until another qualifying agent is employed unless the company has been granted a temporary nonrenewable certificate. § 489.119(3)(a), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1992 WL 75637
...further proceedings. Appellants entered into a construction agreement with G & R Builders, Inc. for the construction of a residence. Appellee Edge was vice president of G & R Builders, as well as the qualifying contractor for the company pursuant to section 489.119, Florida Statutes (1983)....
...ursuant to chapter 11. The record does not inform us of the disposition of the bankruptcy proceedings. Appellants then filed a complaint against appellees based solely upon an alleged breach of appellee Edge's statutory duty to supervise pursuant to section 489.119....
...I concur specially with the majority as to the reversal of summary judgment for appellee Edge. The complaint in the instant case properly sets forth a cause of action for negligence against Edge based on his statutory duty as a qualifying agent to supervise construction projects entered into in his name. See § 489.119, Fla....
...Dep't of Professional Regulation, Constr. Indus. Licensing Bd.,
423 So.2d 624 (Fla. 5th DCA 1982). In 1988, the legislature codified the above-referenced case law which specifically holds that qualifying agents have a duty to supervise pursuant to section
489.119. See §
489.1195, Fla. Stat. (1988). Section
489.1195 states, "[a]ll 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." §
489.1195(1)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1990 WL 125088
...The trial judge answered that question in the affirmative. We commence by acknowledging that Lake and Fernandez were both employees working for the builder, U.S. Lendlease, on a condominium project known as The Watermark. Fernandez was qualified and certified pursuant to section 489.119, Florida Statutes (1981), as the qualifying *847 agent for U.S....
...Thus, absent some allegation in the complaint that Fernandez, by direct involvement on his part, violated the above principle by exceeding the employer's nondelegable duty, he is covered by immunity for his activity as an employee supervising the construction. The purpose of section 489.119 is set forth in Alles as follows: The obvious purpose of these statutes allowing a company to act as a contractor through a licensed contractor is to insure that projects undertaken by a company are to be supervised by one certified and licensed by the board....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1999 Fla. App. LEXIS 12707, 1999 WL 766005
...isapproved by this court. Third, Poole argues that it had no contractual obligation to arbitrate or pay Gusi for work that Gusi performed because Gusi was a business organization without a qualifying agent at the time it signed the subcontracts. See § 489.119, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...Under Part I, Chapter 489, Florida Statutes (1979), the licensing and regulatory provisions governing construction contracting, the only way a company may be a contractor [2] is by obtaining an individual licensed as a contractor as its qualifying agent. [3] Section 489.119, Florida Statutes (1979). Under Section 489.119, the applicant proposing to engage in contracting as a corporation or other business entity must apply through a qualifying agent....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...5th DCA 1982), the court found that a licensed contractor who acted as a qualifying agent for an otherwise unlicensed construction company had a statutorily imposed duty to supervise the construction undertaken by the company which he qualified. The supervisory duty in Alles was based on the statute in question, Section 489.119, Florida Statutes, which evidenced a legislative intent that qualifying agents be required to supervise a project entered into under the name of and by use of the contractor's license....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 5950, 1990 WL 114701
...Thus, it appears that the gross negligence which authorizes discipline must result from Mr. O'Connor's own acts, and cannot be imputed to him from the technician's acts. Reversed and remanded with directions. LEHAN, A.C.J., and PATTERSON, J., concur. NOTES [1] §
489.105(3)(f), Fla. Stat. (1987). [2] §
489.119, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 9597, 2007 WL 1789297
...Vacation Beach had alleged that although Charles Boyd, an individual who was the principal of Boyd Construction, had been *1229 the qualifying agent for Charles Boyd Homes, Boyd Construction never had either a primary or secondary qualifying agent, as required by section 489.119(2), Florida Statutes....
...We reversed based largely on the Florida Supreme Court's decision in Cardegna. This court noted that section
489.115, Florida Statutes, requires any person engaged in the contracting business to be first certified or registered in the proper classification. At the time of the contract in the present case, section
489.119(2), Florida Statutes, which addresses the necessity for obtaining a certificate of authority to engage in contracting work, stated specifically that: If the applicant proposes to engage in contracting as a business organization, inclu...
...y through a qualifying agent and under the fictitious name, if any. Thus, a qualifying agent, according to the statute, had to be certified under Part 1 of Chapter 489 in order for a business organization to be issued a certificate of authority. See § 489.119(3)(a), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 774, 1992 WL 16639
...The issue of whether the appellee was operating under a valid license from the Department of Professional Regulation (DPR) was not as clear cut; however, we ultimately apply the same reasoning as above. The appellee made a showing to the court that it had complied with all of the prerequisites from section 489.119, Florida Statutes, and that the company was qualified through Mr....
...WARNER, Judge, dissenting. I respectfully dissent on the issue of whether appellee was operating under a valid license from DPR. While the appellee made a showing that it complied with all the prerequisites, there was no showing that the required certificate under section 489.119(2)(a), Florida Statutes (1989) was issued....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...onstrated. Therefore the appealed order is affirmed. CONCLUDING STATEMENT It should be noted that we have not decided whether the Board was correct in finding that as a matter of law all qualifiers of a corporation are responsible under the terms of § 489.119(2), Florida Statutes (1981) [formerly § 468.107(2), Florida Statutes (Supp....
CopyCited 1 times | Published | District Court, S.D. Florida | 14 Media L. Rep. (BNA) 1477, 1987 U.S. Dist. LEXIS 14386, 1987 WL 47768
...actors from advertising or otherwise holding themselves out as contractors, F.S. §
489.127(1)(a); Broward County Code § 9-23(a), and which require that certified contractors include their certification numbers when advertising their services, F.S. §
489.119(5)(b); Broward County Code § 9-23(b)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2006 U.S. Dist. LEXIS 9523, 2006 WL 449177
..., which allows contracting in a particular jurisdiction. Section
489.113(1). [1] A business organization, such as LEB, that wishes to engage in construction contracting must apply for a certificate of authority to do so through a "qualifying agent". Section
489.119(2). A qualifying agent must be, among other requirements, a certified or registered contractor. Section
489.119(3)(a). For a business organization to receive a certificate of authority, it must designate a primary qualifying agent [2] who has final approval authority for all construction work performed by the organization. Section
489.119(2)(a)(1)....
...Four Points project beginning with the effective date of the contract. As such, that evidence would support a conclusion that LEB should be considered licensed for purposes of Section
489.128. The Court finds further support for this proposition in Section
489.119(3)(a), which governs, among other things, the requirements for a business organization when its sole qualifying agent ends his or her affiliation with it. The statute provides the business organization with 60 days "in which to employ another qualifying agent." §
489.119(3)(a). Further, the business organization "may not engage in contracting until a qualifying agent is employed," unless one of its principals personally obtains a certificate or registration. §
489.119(3)(a)....
CopyPublished | Florida 5th District Court of Appeal
...nt was an
unlicensed contractor that could not enforce the parties’ contract.
Because Appellant was never qualified as a business organization
contractor by the Department of Business and Professional
Regulation (“Department”), as required by section 489.119(2),
Florida Statutes (2020), we affirm.1
Facts
In December 2020, Appellees hired Appellant to build a
single-family home on their property in Fernandina Beach,
Florida....
...In response, Appellant claimed it was
licensed because its owner, Bradford, is a licensed contractor who
performed as its qualifying agent, despite admittedly failing to
apply for registration or certification on behalf of the business, as
required by section 489.119(2), Florida Statutes....
...3d DCA 2023) (“[G]enerally, the
failure to properly raise and preserve a claim in the trial court
waives the issue on appeal.” (citing Venezia v. Wells Fargo Bank,
N.A.,
306 So. 3d 1096, 1098 (Fla. 3d DCA 2020))).
2
by section
489.119(2) and it was therefore an unlicensed contractor
at all times relative to the complaint....
...Stat. (2020). When any
business organization other than a sole proprietorship intends to
engage in construction contracting, “the applicant must apply for
registration or certification as the qualifying agent of the business
organization.” Id. §
489.119(2) (emphasis added).2 To qualify a
business organization contractor for the first time, the agent must
apply to the Construction Industry Licensing Board (“Board”) and
submit certain documents and a fee. See id. §§
489.105(1), (19),
2 The statutory exception to this requirement was not raised
by Appellant and is inapplicable here. See id. §
489.119(7)(a).
3
.115(5)(a)–(b), .119(2), (6)....
...§
489.128(1)(a) (“A business
organization is unlicensed if the business organization does not
have a primary or secondary qualifying agent in accordance with
this part concerning the scope of the work to be performed under
the contract.”); see also id. §
489.119(3)(a) (“A qualifying agent
must be certified or registered under this part in order for the
business organization to operate in the category of contracting in
which the qualifying agent is certified or registered.”).3 Thus,
whether a b...
...extent of the agent’s
responsibilities on behalf of the business organization. See id. §
489.105(4)–(5). Notably, “[a] qualifying agent is a primary
qualifying agent unless he or she is a secondary qualifying agent
under this section.” Id. §
489.1195(1) (emphasis added).
4
issue of fact as to whether the organization “has” a qualifying
agent.4
This argument is unpersuasive....
...If the Legislature had
intended the requirements to have been met by an “acting”
qualified agent, it would not have explicitly provided that only a
sole proprietorship may rely on the license of an individual without
applying with the Department. Compare § 489.119(1), Fla....
...Stat.
(“If an individual proposes to engage in contracting in . . . a
fictitious name where the individual is doing business as a sole
proprietorship, registration or certification may be issued only to
that individual.” (emphasis added)), with id. § 489.119(2) (“If the
applicant proposes to engage in contracting as a business
organization ....
...out of the text, or rendered meaningless, in construing the
provision.”).
The material facts are not in dispute. The contract was
entered into by Appellant while Bradford was a certified general
contractor who could have served as Appellant’s qualifying agent.
See id. § 489.119(3)(a)....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 8121, 2005 WL 1280643
...ndustry Recovery Fund as required by section
489.1425, and (5) failed to apply for a certificate of authority before engaging in contracting as a business organization, through a qualifying agent and under the fictitious name, if any, as required by section
489.119(2)....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 188, 2011 WL 148801
...[3] Qualifying agents, on the other hand, are a product of chapter 489, Florida Statutes (2002), which regulates the construction industry as a matter of "public health, safety, and welfare." §
489.101. Any business entity that seeks a certificate of authority to engage in contracting must name a qualifying agent. §
489.119(2)....
...The Construction Industry Licensing Board then investigates the "financial responsibility, credit, and business reputation of the qualifying agent and the new business organization" before the Department of Business and Professional Regulation issues a certificate of authority to the business. § 489.119(3)(c)....
CopyPublished | Florida 4th District Court of Appeal | 2017 Fla. App. LEXIS 1168
...uriam. We affirm the order of the Construction Industry Licensing Board (“CILB”) denying Christopher Nathanial Johnson’s application to be a qualifying agent for his employer, Fort Pierce Utility Authority, a municipal corporation. Pursuant to section 489.119(2), Florida Statutes (2016), an individual who seeks “to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, ......
...must apply for registration or certification as the qualifying agent of the business organization.” However, employees of municipalities such as Mr. Johnson are expressly excluded from the requirements of part I of Chapter 489, Florida Statutes (2015), which encompasses section 489.119....
...(2015) (providing that the part does not apply to “[a]n authorized employee of *383 ... any municipality ... or any other municipal or political subdivision .... ”). Consequently, the CILB did not abuse its discretion in interpreting the term “legal entity,” as it is used in section 489.119, to exclude municipalities and in denying Mr....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 5974
...("ACLP") and Merrick Trust, LLC (the "Owner") entered into a contract (the "Prime Contract") for the construction of a mixed-use commercial and luxury residential condominium *33 in Coral Gables, Florida (the "Project"). At the time the Prime Contract was executed on March 29, 2005, ACLP was qualified under section 489.119(2), Florida Statutes, to perform construction....
...ty to engage in contracting is inextricably reliant upon the licensure of the qualifying agent, who in turn, must be an individual person. A business organization cannot in itself be authorized to engage in contracting absent a qualifying agent. See § 489.119, Fla....
...ch he or she has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination as provided in this part, as attested by the department. §
489.105(4)-(5), Fla. Stat. (2009) (emphasis added). Section
489.119 further expounds on the relationship between a business organization and its qualifying agent....
...r 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 applicant must apply for registration or certification as the qualifying agent of the business organization. § 489.119(1)-(2), Fla....
...[5] In the event a qualifying agent ceases his involvement with a business organization, the business organization "shall have 60 days from the termination of the qualifying agent's affiliation with the business organization in which to employ another qualifying agent." § 489.119(3)(a), Fla. Stat. (2009). Most importantly, section 489.119 clearly states that in such a situation, "the business organization may not engage in contracting until a qualifying agent is employed.....
...t, the individual performing that work is not considered unlicensed." [5] We are cognizant that there are three very limited exceptions under which a business organization may act as a contractor without applying for or obtaining authorization under section 489.119. See § 489.119(7)(a)1-3, Fla....
...These exceptions, however, are inapplicable here. [6] While not applicable here, under certain circumstances, a "temporary nonrenewable certificate or registration" may be issued to a business organization following the departure of a qualifying agent. See § 489.119(3)(a), Fla....
