Trent Cotney, Partner, Adams & Reese, LLP and FRSA General Counsel - September 2026
In Florida, a contractor’s license does more than satisfy an administrative requirement. It provides the legal foundation that allows a roofing company to contract, obtain permits, advertise services and perform regulated work. When a licensed individual qualifies a business organization, that person assumes substantial statutory responsibility. A carefully drafted qualifier agreement helps both the license holder and the company understand those responsibilities before problems arise.
Florida Statutes, Section 489.119 requires a business organization engaged in contracting to operate through an approved qualifying agent. A primary qualifying agent must attest that he or she has final approval authority over construction work and business matters, including contracts, specifications, checks, drafts and payments, unless the Construction Industry Licensing Board (CILB) has approved a financially responsible officer.
Section 489.1195 further provides that primary qualifying agents are responsible for supervising the company’s operations, field work and financial matters. If the company has an approved financially responsible officer (FRO), the primary qualifier remains responsible for construction activities. Florida law therefore expects genuine authority, active supervision and meaningful involvement. It does not permit a contractor to simply “rent” a license while preventing the qualifier from controlling the work performed under that license.
This is where a qualifier agreement becomes critical. The agreement should translate the statutory framework into specific contractual duties and rights. At a minimum, it should identify whether the license holder will serve as a primary or secondary qualifying agent, describe the company and license classifications covered and define the qualifier’s authority over operations within the licensed scope.
A strong agreement should expressly grant the qualifier access to contracts, permits, job files, inspection reports and accounting records if the qualifier is also the FRO. It should require timely notice of new projects and provide the qualifier with authority to stop work, reject noncompliant practices, require corrective action and prevent the company from using the license outside its lawful scope.
The agreement should also establish practical supervision procedures. These may include periodic project reviews, jobsite visits and permit tracking. The exact process will depend on the company’s size and operations but the arrangement must allow the qualifier to perform the role required by Florida law. A contract that gives the qualifier responsibility without authority creates risk for everyone.
In addition, the agreement should prohibit the company from qualifying additional entities, expanding into new license categories or materially changing its operations without the qualifier’s written approval. Section 489.119 gives the CILB discretion when a license holder seeks to qualify additional business organizations
and requires evidence that the qualifier can adequately supervise each entity.
Compensation and risk allocation also deserve careful attention. The agreement should address salary or fees, reimbursement of expenses, insurance coverage, defense and indemnity obligations and responsibility for fines or losses caused by unauthorized conduct. The company should maintain appropriate general liability, workers’ compensation, automobile and employment-related coverage. The qualifier should confirm whether applicable policies protect the license holder individually and whether the company will continue that protection for claims arising after termination.
Termination provisions must account for Florida’s licensing requirements. Under section 489.119, both the qualifier and the business have notification obligations when the relationship ends. A company that loses its only qualifier has 60 days to employ another qualifying agent but it may not engage in contracting during that period unless the Executive Director or Board chair grants a temporary, nonrenewable certificate or registration permitting the company to proceed with incomplete contracts.
The agreement should require written notice of termination, immediate cessation of unauthorized license use, removal of the license number from advertising and permit activity when appropriate, cooperation with pending projects and completion of required filings with the Department of Business and Professional Regulation. It should also address ownership and return of records and survival of indemnity and insurance obligations.
No qualifier agreement can eliminate the license holder’s statutory duties or prevent regulatory discipline. It can, however, create a clear operational structure, establish enforceable authority, document the parties’ expectations and reduce the likelihood that the qualifier becomes responsible for activities he or she could not see or control.
Even if you are an owner of the company, a qualifier agreement remains a valuable tool for defining the company’s obligations to you individually. This becomes especially important if the company becomes insolvent, undergoes a change in control or is acquired by another entity. The agreement can address compensation, indemnification, access to records, insurance coverage and the company’s duty to notify you of events that may affect your license. It can also establish a clear process for ending the qualifying relationship and allocate responsibility for claims arising after departure, while recognizing that the agreement cannot eliminate statutory responsibility for matters that occurred during the qualifying relationship.
For Florida roofing contractors, the best qualifier agreement is a compliance document that reflects how the company will actually operate. Companies and license holders should review these agreements periodically, especially when ownership, personnel, financial controls, service areas or business models change. Careful planning at the beginning of the relationship can protect the license, the company and the customers who rely on both.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Contractors should consult with legal counsel regarding the laws, contract requirements and safety obligations that apply to their specific projects and jurisdictions.
Trent Cotney is a Partner and Construction Team Leader at Adams & Reese, LLP and is also FRSA’s General Counsel. You can reach him at 813-227-5501 or trent.cotney@arlaw.com.