(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
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.