Florida General Contractor License Overview
The Florida general contractor license is a credential that permits a contractor to conduct business on a commercial and residential level throughout the state. The license serves as an assurance that a general contractor has met all financial and technical requirements to market and sell his or her services as part of a legal business. Contractors of all specialties are generally required to carry license insurance in the event that something goes wrong in the course of a construction job.
Licensure is a necessary component of doing business in Florida, but it also provides a competitive advantage over unlicensed competitors. This is because licensed contractors may compete on larger jobs in the private and government sectors, while unlicensed general contractors are unable to bid on large jobs. A license is also a necessary requirement to become a Florida contractor without the need to pass a qualifying exam. Florida Labor Statute 489.103 defines licensure for general contractors in Florida as the "performance of construction activities or contracting by one who represents himself as able to perform or undertakes to perform construction activities or contracting, by advertising, surveying, estimating, estimating systems design, architecture, preparation of drawings and specifications, or other similar activity . " Activities that require licensure as a general contractor include but are not limited to performing drainage or earth work, electing to be known or listed as a general contractor in any capacity, or participating in a partnership or corporation that is known or listed as a general contractor. Contractually protected documents that are prepared during the course of construction are sometimes excluded from licensure requirements. In addition, certain structures such as bridges that do not fall within the parameters of the Florida Building Code may be exempted from general contracting licensure. Violations of F.S. 489.103 are classified as a third degree misdemeanor in Florida, and violators can be punished through the imposition of fines or imprisonment terms of up to one year. Violations of the general contractor license statutes may be tried before the Florida Construction Industry Licensing Board, which enforces licensing on behalf of the Florida Department of Business and Professional Regulation (DBPR).
Basic Eligibility Requirements
Applying for a Florida General Contractor license, including certification as a general contractor, must be based on the meeting the minimum eligibility requirements. While the eligibility criteria can be confusing and change over time, they have remained pretty consistent of late. Florida Statute 489.115(2) lists out the following minimum eligibility requirements: (a) Age: each applicant must be at least 18 years of age. For example, if you turn 18 on or after July 1, 2018, you will not be eligible to apply until after you turn 18. (b) Education: you are required to provide proof of 4 years of understanding of each aspect of general building construction. According to Florida Administrative Code Rule 61G4-15.001(2), you must have, at minimum, …3 years of acceptable supervisory experience or a combination of 2 years of supervisory experience and 2 years of sub-journeyman level experience in the five areas of responsibility and the five areas of experience set forth in Rule 61G4-15.002. (c) Criminal History: you are required to show "substantial financial confidence" as defined by Florida Statute 489.105(3)(k). This includes not having any felonies or wobbler convictions unless you qualify for a reconsideration of application following a denial. Florida Statute 489.115(2)(d) requires the completion of a background review.
Experience Requirement for Licensure
In order to become a GDB (General Contractor By Examination) in Florida, you must possess four years of work experience in the construction industry. The most difficult part of the process in most cases is proving the experience to satisfy the requirement. There are three key components to meet the experience requirements:
- Own-Operated and Managed Business – You must have owned and operated a business for 1 year. You need to be able to obtain a very specific application that shows you were a majority owner and you were an active manager in the business operations. Show evidence that you have managed your business for 1 year and that you actively supervised and controlled the day-to-day operations.
- 67% of Supervisory Authority over People in the Construction Industry – You must be able to show the Board that you not only had an ownership interest in a construction company, but your business was primarily engaged in the field of construction. You had to show at least 67% of supervisory authority over people who were also in the construction industry. You must have owned and operated your business for at least one year, and show specific day to day involvement in operating and managing the business. Keep in mind, Florida law requires general contractors to only sub-contract a maximum 15% of their work out.
- 4 years of experience as a supervisor- A supervisor in the context of qualifying for licensure is someone who directly supervises the work of supervisory personnel/crew leaders. The supervisor must be in control of the field labor force on a job site.
The experience requirements are somewhat lax for certain applicants who have already been registered with the state previously as less than a General Examination applicant. Most of the time, applicants may not realize that their old record is still attached to their file when they go to qualify as a GDB. Past activity with the state is not automatically purged after five years of inactivity. In the event you did manage or operate a business in the past as a lower level qualifier, you can have that experience "recieved" by the Board. That means some of the experience will count for the top tier examination, so you do not have to start from scratch.
Work experience not gained as a business owner can be typically satisfied with high end supervisory authority. The Board views work as a general contractor/lead supervisor or where you had a great deal of responsibility and supervision over no less than two other supervisors and several subordinates will typically suffice.
Types of Experience that Qualify
If you’re preparing for the Florida General Contractor exam, it is likely that you’ve heard that you need two (2) years of "acceptable experience" to qualify for a license. But what exactly does this mean? Who determines the quality of your experience? And what happens if you don’t have two (2) years of acceptable experience?
Acceptable experience means qualified supervisory experience as a foreman, supervisor, or foreman-in-training in the field of construction such as: building, residential, or general construction; electrical or alarm system installation; plumbing; mechanical, roofing or air-conditioning.
If you are not a foreman, supervisor, or foreman-in-training in the field of construction, you may use business or professional experience in the following areas:
Business/Professional Experience – 1 Year Accepted
Experience as an owner, partner, or officer of a corporation registered under the Florida Construction Industry Licensing Board rules and regulations.
Experience as an estimator, supervisor, project manager, job foreman, apprentice and mechanic, in a business or profession related to construction, building, general contracting, etc.
Experience as an architect, engineer, inspector, code compliance official, or licensed building contractor.
Experience as a degree engineer, architect, engineer, general building contractor, general contractor, or building contractor registered in other jurisdictions.
Experience in manufacturing or supplying materials or fixtures for buildings, homes, plumbing, electrical, air-conditioning, roofing etc.
Experience as a construction trade or craft instructor where it can be shown that the individual was teaching supervisory skills relevant to supervising field construction work.
Experience in management of a construction company, general contracting company, building contractor, Florida licensed contractor, etc.
More than one (1) year of education can be substituted.
Volunteer Experience – 1/2 Year Accepted
Volunteer experience as an owner, partner, or officer of a volunteer corporation, partnership, or association set up for the purpose of engaging in or otherwise dealing in construction, building, general contracting etc.
Volunteer experience as an estimator, supervisor, project manger, job foreman, apprentice and mechanic, in a volunteer corporation, partnership, or association set up for the purpose of engaging in or otherwise dealing in construction, building, general contracting etc.
This volunteer experience must be affirmed under oath and notarized.
Less than one (1) year of education can be substituted.
If your experience does not qualify as acceptable experience, you will be required to meet the education requirements as well as an additional 3 years of qualifying experience.
Validating Experience with Documentation
The experience submitted must be verified. If the experience is verified through Affidavit by a Florida licensee, the person verifying the work must provide documentation to demonstrate that he/she was connected to the project. If the person verifying the work is an unlicensed Contractor (the general contractor who supervised the work) , he/she must provide a copy of the contract and three (3) of the following items: If the person is outside the state of Florida, verified, and is a licensed general contractor in another state then he/she simply presents the Verification Affidavit without the supporting documentation. If the person is unlicensed, outside of Florida and the general contractor for the project, he/she must provide paystubs and a tax return.
Alternatives and Considerations
In addition to the two-year experience requirement, the Board provides alternative means by which one may qualify for licensure as a general contractor in the State of Florida. First, subsection 61G4-16.002(3) of the rules governing the practice of General Contracting states that "the Board shall have the discretion to waive the two year experience requirements where the applicant can demonstrate to the satisfaction of the Board that he or she has had previous practical experience in engineering or architecture or general contracting by way of apprenticeship, internship, work responsibility, supervisory experience, or equivalent equivalent in foreign service…" The burden is on the applicant to provide the educational and training experience to the Board evidencing qualifications equivalent to the experience requirements of Rule 61G4-16.002(1) of the Florida Administrative Code. Second, the Board may grant licensure to an applicant who has less than the required ten years of work experience upon a showing that the applicant is competent to engage in the practice of general contracting. If the applicant is sixteen (16) years of age or older, the applicant may take the examination and practice as an apprentice until the applicant reaches the required number of years of experience necessary for licensure as a general contractor. During this two (2) year period, the apprentice must be under the supervision of a contractor who is in good standing with the Department of Business and Professional Regulation ("DBPR"). If the applicant is sixteen (16) to twenty-two (22) years of age, the applicant may take the examination before submitting the application without the required educational background. In this instance, within one (1) year of taking and passing the examination the applicant must submit the required proof of practical experience and meet the educational requirements of rules 61G4416.001 and 61G4-16.004, Florida Administrative Code. "An applicant who fails to meet the required qualifications, other than the required examination grade, shall be deemed to be disapproved as defined in subsection 455.217(1), Florida Statutes."
Common Missteps
When a construction employer fills out the Florida Department of Business & Professional Regulation’s DBPR Form 2B, it is crucial that the form is completed properly. A common mistake that construction employers, unfortunately, have is that they are not signing and dating the DBPR Form 2B. It is vital that the form is signed and dated as to when it is submitted to the Florida Department of Business & Professional Regulation. Failing to do so can result in a construction license applicant not having the necessary work experience for the specified date. Another common mistake is not providing the DBPR Form 2B in a timely manner. When DBPR Form 2B is not provided to the Florida Department of Business & Professional Regulation in a timely manner, this results in the potential denial of a construction license, as well as the application being denied. It is important to note that the timely filing of the experience verification is heavily relied on by the DBPR. Another common mistake that construction license applicants tend to make is that they do not have their prior employer(s) sign their DBPR Form 2B. When a prior employer does not sign the applicant’s DBPR Form 2B, this significantly delays the processing time frame for the Florida Department of Business & Professional Regulation to process and approve the applicant’s construction license application. In most cases, it can take up to two weeks for a prior employer to sign their owned DBPR Form 2B, which causes delays that can be avoided by having your prior employer complete and sign the form in advance. One other common mistake that construction license applicants tend to make is that they provide an incomplete application package to the Florida Department of Business & Professional Regulation. When there is an incomplete application package, which usually includes a missing experience verification form, this can delay the approval of the applicant’s construction license application. As an applicant for a Florida General Contractor license, you want to make sure that all required documentation is included within your application package and that the DBPR Form 2B is properly signed and completed.
Conclusion and Next Steps
In summary, the experience requirements for a Florida general contractor license are dependent upon what type of general contractor license you are looking to obtain. Experienced as a foreman, job supervisor, or estimator may qualify as work for certain classification; however, working as a laborer or office worker does not. In addition , records such as a detailed work history, year-by-year unemployment history, pay stubs, and W2s will all be necessary to determine and prove how experience is met. Having ever changing and specific rules for application, it is important to seek legal guidance so that the licensing process goes as smoothly as possible.