(1) The following definitions apply to ss. 489.140-489.144:
(a) “Arbitration” means alternative dispute resolution entered into between a claimant and a contractor either pursuant to a construction contract that contains a mandatory arbitration clause or through any binding arbitration under chapter 682, the Revised Florida Arbitration Code.
(b) “Board” means the Construction Industry Licensing Board.
(c) “Claimant” means a homeowner.
(d) “Contractor” means a Division I or Division II contractor performing his or her respective services described in s. 489.105(3).
(e) “Court of competent jurisdiction” means a civil or criminal court in the State of Florida, or a bankruptcy court.
(f) “Homeowner” means the owner of an owner-occupied residence, including a trustee based upon a trust instrument granting a person a beneficial interest for life in the residence.
(g) “Licensee” means a contractor, financially responsible officer, or business organization licensed under this part at the time the violation was committed.
(h) “Notice” means service as described in s. 455.275.
(i) “Residence” means a single-family residence, an individual residential condominium or cooperative unit, or a residential building containing not more than two residential units in which the owner contracting for the improvement is residing or will reside 6 months or more each calendar year upon completion of the improvement.
(j) “Recovery fund” means the Florida Homeowners’ Construction Recovery Fund.
(k) “Same transaction” means a contract, or a series of contracts, between a claimant and a contractor or qualified business, when such contract or contracts involve the same property or contiguous properties and are entered into at one time or serially.
(l) “Valid and current license,” for the purpose of s. 489.141(2)(d), means a license issued pursuant to this part to a licensee, including a license in an active, inactive, delinquent, or suspended status.
(2) The following definitions apply to claims made prior to July 1, 2007, when the contract was executed and the violation occurred on or before January 1, 2005.
(a) “Claimant” means a natural person.
(b) “Licensee” means a contractor, financially responsible officer, or business organization licensed under this part at the time the violation was committed.
History.—s. 3, ch. 2004-84; s. 39, ch. 2013-232; s. 5, ch. 2016-129.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
Part I - Construction Contracting (Ss. 489.101-489.147)
489.107 - Construction Industry Licensing Board.
489.108 - Rulemaking authority.
489.111 - Licensure by examination.
489.113 - Qualifications for practice; restrictions.
489.1131 - Credit for relevant military training and education.
489.1136 - Medical gas certification.
489.114 - Evidence of workers’ compensation coverage.
489.115 - Certification and registration; endorsement; reciprocity; renewals; continuing education.
489.116 - Inactive and delinquent status; renewal and cancellation notices.
489.117 - Registration; specialty contractors.
489.118 - Certification of registered contractors; grandfathering provisions.
489.119 - Business organizations; qualifying agents.
489.121 - Emergency registration upon death of contractor.
489.124 - Business records requirements; address of record; service.
489.125 - Prequalification of certificateholders.
489.126 - Moneys received by contractors.
489.127 - Prohibitions; penalties.
489.128 - Contracts entered into by unlicensed contractors unenforceable.
489.129 - Disciplinary proceedings.
489.132 - Prohibited acts by unlicensed principals; investigation; hearing; penalties.
489.133 - Pollutant storage systems specialty contractors; definitions; certification; restrictions.
489.134 - Authority of licensed job scope.
489.140 - Florida Homeowners’ Construction Recovery Fund.
489.1401 - Legislative intent.
489.1402 - Homeowners’ Construction Recovery Fund; definitions.
489.141 - Conditions for recovery; eligibility.
489.142 - Board powers relating to recovery; conduct of hearings and service.
489.1425 - Duty of contractor to notify residential property owner of recovery fund.
489.143 - Payment from the fund.
489.144 - Investment of the fund.
489.145 - Guaranteed energy, water, and wastewater performance savings contracting.
489.1455 - Journeyman; reciprocity; standards.