- (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 Chapter 489, Part I, F.S., 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 Rule 61G4-15.002, F.A.C.) 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.