Florida Regulations 61G6-5.011: Qualification of Joint Ventures
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(1) These rules do not prohibit a properly qualified business entity from participating in a joint venture with business entities which are not qualified; however, only a properly qualified entity may engage in contracting as defined in Florida Statutes § 489.505 A joint venture, including a joint venture composed of qualified business entities, is itself a separate and distinct entity which must be qualified.
(2) A joint venture, one or more of whose participants are not licensed contractors under Florida Statutes Chapter 489, Part II, may submit a bid on a project under the following circumstances:
(a) There must be a written joint venture agreement.
(b) One of the joint ventures 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. 61G6-5.010) giving the licensed contractor full authority to conduct the contracting business of the participant.
(d) Copies of the joint venture agreement, statements of authority, and the letter of bondability 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 ninety (90) days.
(f) A licensed contractor who uses this method of limited qualification must maintain on file with the Board Office up-to-date information, as required on the application, concerning all business entities he qualifies.
(g) This method of limited qualifications may not be used by any business entity whose application is subject to denial under Florida Statutes § 489.521(9), due to an officer, partner, director, or member being fined pursuant to Florida Statutes § 489.533
(h) The Board may limit the qualification issued, as to the project or projects bid upon and prescribe the time period the qualification is to remain effective.
(3) All qualifying agents of the joint venture will be required to make an appearance at the Board meeting where the application is reviewed, prior to approval for licensing of the joint venture. A licensed contractor is required to obtain approval for each joint venture.
Rulemaking Authority 489.521, j489.507(3) FS. Law Implemented Florida Statutes § 489.521. History-New 5-20-92, Formerly 21GG-5.011, Amended 11-30-94, 2-1-18.
Terms Used In Florida Regulations 61G6-5.011
- Contract: A legal written agreement that becomes binding when signed.
(a) There must be a written joint venture agreement.
(b) One of the joint ventures 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. 61G6-5.010) giving the licensed contractor full authority to conduct the contracting business of the participant.
(d) Copies of the joint venture agreement, statements of authority, and the letter of bondability 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 ninety (90) days.
(f) A licensed contractor who uses this method of limited qualification must maintain on file with the Board Office up-to-date information, as required on the application, concerning all business entities he qualifies.
(g) This method of limited qualifications may not be used by any business entity whose application is subject to denial under Florida Statutes § 489.521(9), due to an officer, partner, director, or member being fined pursuant to Florida Statutes § 489.533
(h) The Board may limit the qualification issued, as to the project or projects bid upon and prescribe the time period the qualification is to remain effective.
(3) All qualifying agents of the joint venture will be required to make an appearance at the Board meeting where the application is reviewed, prior to approval for licensing of the joint venture. A licensed contractor is required to obtain approval for each joint venture.
Rulemaking Authority 489.521, j489.507(3) FS. Law Implemented Florida Statutes § 489.521. History-New 5-20-92, Formerly 21GG-5.011, Amended 11-30-94, 2-1-18.