Florida Statutes
Part I - Construction Contracting (Ss. 489.101-489.147)
489.1425 - Duty of contractor to notify residential property owner of recovery fund.


(1) Each agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the recovery fund, except where the value of all labor and materials does not exceed $2,500. The written statement must be substantially in the following form:
FLORIDA HOMEOWNERS’ CONSTRUCTIONRECOVERY FUND
PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
The statement must shall be immediately followed by the board’s address and telephone number as established by board rule.


(2)(a) Upon finding a first violation of subsection (1), the board may fine the contractor up to $500, and the moneys must be deposited into the recovery fund.
(b) Upon finding a second or subsequent violation of subsection (1), the board shall fine the contractor $1,000 per violation, and the moneys must be deposited into the recovery fund.

History.—s. 5, ch. 95-240; s. 11, ch. 96-298; s. 73, ch. 96-388; s. 6, ch. 2004-84; s. 7, ch. 2016-129.

Structure Florida Statutes

Florida Statutes

Title XXXII - Regulation of Professions and Occupations

Chapter 489 - Contracting

Part I - Construction Contracting (Ss. 489.101-489.147)

489.101 - Purpose.

489.103 - Exemptions.

489.105 - Definitions.

489.107 - Construction Industry Licensing Board.

489.108 - Rulemaking authority.

489.109 - Fees.

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.

489.1195 - Responsibilities.

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.

489.13 - Unlicensed contracting; notice of noncompliance; fine; authority to issue or receive a building permit; web page.

489.131 - Applicability.

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.

489.146 - Privatization of services.

489.147 - Prohibited property insurance practices.