Florida Regulations 61G4-15.0022: Qualification of Joint Ventures
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(1) These rules do not prohibit a properly qualified business organization from participating in a joint venture with business organizations which are not qualified; however, only a properly qualified business organization may engage in contracting as defined in Sections 489.105(3) and (6), F.S. A joint venture, including a joint venture composed of qualified business organizations, is itself a separate and distinct business organization which must be qualified as provided herein.
(2) A joint venture, one or more of whose participants are not licensed contractors under Florida Statutes Chapter 489, Part I, may submit a bid on a construction project under the following circumstances:
(a) There must be a written joint venture agreement.
(b) One of the joint venturers must be a business entity properly qualified by a licensed contractor.
(c) Each participant must sign a statement of authority (as set out in Fl. Admin. Code R. 61G4-15.002) giving the licensed contractor full authority to conduct the contracting business of the participant.
(d) Copies of the joint venture agreement and statements of authority must be received and approved by the Board Office prior to the time of the bid.
(e) If the joint venture is awarded the contract, the licensed contractor must qualify the joint venture within ninty (90) days.
(3) If the joint venture is a limited partnership, the qualifying business organization or individual must be a general partner of the joint venture.
Rulemaking Authority 489.119 FS. Law Implemented 489.105(3), (6), 489.119 FS. History-New 5-7-84, Amended 8-12-84, Formerly 21E-15.022, 21E-15.0022, Amended 7-18-94, 12-13-09.
Terms Used In Florida Regulations 61G4-15.0022
- Contract: A legal written agreement that becomes binding when signed.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(a) There must be a written joint venture agreement.
(b) One of the joint venturers must be a business entity properly qualified by a licensed contractor.
(c) Each participant must sign a statement of authority (as set out in Fl. Admin. Code R. 61G4-15.002) giving the licensed contractor full authority to conduct the contracting business of the participant.
(d) Copies of the joint venture agreement and statements of authority must be received and approved by the Board Office prior to the time of the bid.
(e) If the joint venture is awarded the contract, the licensed contractor must qualify the joint venture within ninty (90) days.
(3) If the joint venture is a limited partnership, the qualifying business organization or individual must be a general partner of the joint venture.
Rulemaking Authority 489.119 FS. Law Implemented 489.105(3), (6), 489.119 FS. History-New 5-7-84, Amended 8-12-84, Formerly 21E-15.022, 21E-15.0022, Amended 7-18-94, 12-13-09.