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Florida Statute 489.126 | Lawyer Caselaw & Research
F.S. 489.126 Case Law from Google Scholar
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The 2023 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 489
CONTRACTING
View Entire Chapter
F.S. 489.126
489.126 Moneys received by contractors.—
(1) For purposes of this section, the term “contractor” includes all definitions as set forth in s. 489.105(3), and any person performing or contracting or promising to perform work described therein, without regard to the licensure of the person.
(2)(a) A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must:
1. Apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances, and
2. Start the work within 90 days after the date all necessary permits for work, if any, are issued,

unless the contractor has just cause for failing to apply for the necessary permits, starting the work, or refunding the payment, or unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits or start the work or to longer periods for both.

(b)1. If a contractor fails to comply with the requirements of paragraph (a), the contractee must make written demand to the contractor in the form of a letter that includes a demand to apply for the necessary permits, to start the work, or to refund the payment sent via certified mail, return receipt requested, mailed to the address listed in the contracting agreement. If there is no address for the contractor listed in the contracting agreement, or no written agreement exists, the contractee must mail the written demand letter to the address listed for licensing purposes with the department or the local construction industry licensing board, if applicable.
2. It may be inferred that a contractor does not have just cause if the contractor fails to apply for the necessary permits, start the work, or refund payments within 30 days of receiving written demand to apply for the necessary permits, start the work, or refund the payment from the person who made the payment.
(3)(a) A contractor who receives money for repair, restoration, addition, improvement, or construction of residential real property in excess of the value of the work performed may not fail or refuse to perform any work for any 90-day period or for any period that is mutually agreed upon and specified in the contract.
(b) It is prima facie evidence that a contractor received money for the repair, restoration, addition, improvement, or construction of residential real property and that the amount received exceeds the value of the work performed by the contractor when:
1. The contractor failed to perform any of the work for which he or she contracted during any 90-day period or any period that is mutually agreed upon and specified in the contract;
2. The failure to perform any such work during the 90-day period or such period that is mutually agreed upon and specified in the contract was not related to the owner’s termination of the contract or a material breach of the contract by the owner; and
3. The contractor failed to perform for the 90-day period or such period that is mutually agreed upon and specified in the contract without just cause or terminated the contract without proper notification to the owner.
a. Proper notification of termination for purposes of this subparagraph must be made by the contractor in the form of a letter that includes the reason for termination of the contract or the reason for failure to perform sent via certified mail, return receipt requested, mailed to the address of the owner listed in the contracting agreement. If no written agreement exists, the letter must be mailed to the address where the work was to be performed or the address listed on the permit, if applicable.
b. If a contractor fails to comply with paragraph (a), written demand must be made to the contractor in the form of a letter that includes a demand to perform work, or refund the money received in excess of the value of the work performed, sent via certified mail, return receipt requested, mailed to the address listed in the contracting agreement. If there is no address for the contractor listed in the contracting agreement, or no agreement exists, the letter must be mailed to the address listed with the department for licensing purposes or the local construction industry licensing board, if applicable.
c. It may be inferred that a contractor does not have just cause if the contractor fails to perform work, or refund the money received in excess of the value of the work performed, within 30 days after receiving a written demand to perform the work, or refund the money received in excess of the value of the work performed, from the person who made the payment.
(4) Any violation of subsection (2) or subsection (3) must be prosecuted in accordance with the thresholds established in this section and the following:
(a) The required intent to prove a criminal violation may be shown to exist at the time that the contractor appropriated the money to his or her own use and is not required to be proven to exist at the time of the taking of the money from the owner or at the time the owner makes a payment to the contractor.
(b) It may be inferred that a contractor intended to deprive the owner of the right to the money owed, or deprive the owner of the benefit from it, and inferred that the contractor appropriated the money for his or her own use, or to a person not entitled to the use of the money, if the contractor fails to refund any portion of the money owed within 30 days after receiving a written demand for such money from the owner.
(c) In a prosecution for a violation of this section, the fact that the person so charged intended to return the money owed is not a defense.
(5) A person who violates subsection (2) commits:
(a) A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if the total money received is less than $1,000.
(b) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the total money received is $1,000 or more, but less than $20,000.
(c) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the total money received is $20,000 or more, but less than $200,000.
(d) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the total money received is $200,000 or more.
(6) A person who violates subsection (3) commits:
(a) A misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if the total money received exceeding the value of the work performed is less than $1,000.
(b) A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the total money received exceeding the value of the work performed is $1,000 or more, but less than $20,000.
(c) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the total money received exceeding the value of the work performed is $20,000 or more, but less than $200,000.
(d) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the total money received exceeding the value of the work performed is $200,000 or more.
History.—s. 1, ch. 94-110; s. 840, ch. 95-148; s. 2, ch. 95-240; s. 7, ch. 96-298; s. 73, ch. 96-388; s. 19, ch. 2019-167.
Note.—Former s. 252.361.

F.S. 489.126 on Google Scholar

F.S. 489.126 on Casetext

Amendments to 489.126


Arrestable Offenses / Crimes under Fla. Stat. 489.126
Level: Degree
Misdemeanor/Felony: First/Second/Third

S489.126 2 - LARC - CONTRACTOR PAYMENT LT 1K DOL VIOL PERMIT WORK - M: F
S489.126 2 - LARC - CONTRACTOR PYMT 1K LT 20K DOL VIOL PERMIT WORK - F: T
S489.126 2 - LARC - CONTRACTR PYMT 20K LT 200K DOL VIOL PERMIT WRK - F: S
S489.126 2 - LARC - CONTRACTOR PYMT 200K MORE DOL VIOL PERMIT WORK - F: F
S489.126 3 - LARC - CONTRCTR FAIL REFUND EXCESS VALU WRK 200K MORE - F: F
S489.126 3 - LARC - CONTRCTR FAIL REFUND EXCESS VALU WRK LT 1K DOL - M: F
S489.126 3 - LARC - CONTRCTR FAIL REFUND EXCESS VALU WRK 1K LT 20K - F: T
S489.126 3 - LARC - CNTRCTR FAIL REFND EXCESS VALU WRK 20K LT 200K - F: S

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Frazier v. State

    114 So. 3d 461 (Fla. Dist. Ct. App. 2013)   Cited 1 times
    In lieu of evidence of intent, the State contends that the inference of intent to defraud afforded by section 489.126(3)(b) precluded the entry of a judgment of acquittal. To be entitled to the statutory inference, the State must establish several factual predicates. One predicate is the “mailing of notification.” § 489.126(3)(b)(3). The statute requires that such notification be mailed by
    PAGE 465

  2. ROMAN v. ATLANTIC AST NSTR. AND DEV

    44 So. 3d 222 (Fla. Dist. Ct. App. 2010)
    Count I asserted a claim for breach of contract against Atlantic Coast. Count II asserted a claim for breach of fiduciary duty against Joseph Paladin, alleging that, contrary to the terms of the contract, the Romans' deposit monies had been transferred from the escrow account. Count III asserted a claim for "civil remedy for theft," pursuant to section 489.126, Florida Statutes, against all three defendants. Section 489.126, entitled "Moneys received by contractors," provides that "[a] contractor who receives money for . . . construction of residential real property in excess of the value of the work performed shall not, with intent to defraud the owner, fail or refuse to perform any work for any 90-day period." § 489.126( 3)(a), Fla. Stat. The Romans alleged each defendant was a "contractor" within the meaning of section 489.126 and sought treble damages for civil theft pursuant to section 772.11, Florida Statutes. Finally, count IV asserted a claim against Atlantic Coast and Joseph Paladin for violation of section 501.1375, Florida Statutes, governing escrow requirements for deposits received by "building contractors." Each of the real estate…

  3. Galstaldi v. Sunvest Communities USA, LLC

    637 F. Supp. 2d 1045 (S.D. Fla. 2009)   Cited 61 times   3 Legal Analyses
    5. Deposit. In the event Buyer's Deposit exceeds ten percent (10%) of the Total Purchase Price, the following provision shall be applicable: Buyer acknowledges, understands, and agrees that (i) Seller may not apply for or obtain all permits necessary to construct the Unit within thirty (30) days from the execution of the Agreement and (ii) Seller may not commence work on the Unit within ninety (90) days of the issuance of such permits, provided however, Seller shall apply for or obtain such permits within one (1) year after the date of the Agreement (the "Permit Issuance Date") and Seller shall commence work no later than one (1) year from the Permit Issuance Date. Buyer acknowledges and agrees that the foregoing shall constitute an extension of time limitations set forth in Section 489.126, Florida Statutes.
    PAGE 1051

  4. Williams v. City of Tampa, Florida

    CASE NO. 8:04-CV-1011-T-30EAJ (M.D. Fla. Dec. 15, 2006)
    Section 489.126 refers to money received by contractors. Plaintiff does not cite any particular subsection of this statute as support for his claim.
    PAGE 14

  5. Williams v. City of Tampa

    Case No. 8:04-CV-1011-T-30EAJ (M.D. Fla. Jan. 27, 2006)

    brought against all Defendants. Plaintiff asserts that the Defendants applied a neutral statute, ¶ 489.126, unequally in violation of the Plaintiff's equal protection rights. He alleges generally that he

Cases from cite.case.law:

N. FRAZIER, v. STATE, 114 So. 3d 461 (Fla. Dist. Ct. App. 2013)

. . . intent and was improperly allowed to rely on the statutory inference of intent provided in section 489.126 . . . evidence of intent, the State contends that the inference of intent to defraud afforded by section 489.126 . . . One predicate is the “mailing of notification.” § 489.126(3)(b)(3). . . . the contractor must recommence construction within 30 days after the date of mailing of the letter. § 489.126 . . . Frazier’s address, it did not comply with section 489.126(3)(c). . . .

ROMAN v. ATLANTIC COAST CONSTRUCTION AND DEVELOPMENT, INC., 44 So. 3d 222 (Fla. Dist. Ct. App. 2010)

. . . Count Ill asserted a claim for “civil remedy for theft,” pursuant to section 489.126, Florida Statutes . . . Section 489.126, entitled “Moneys received by contractors,” provides that “[a] contractor who receives . . . not, with intent to defraud the owner, fail or refuse to perform any work for any 90-day period.” § 489.126 . . . The Romans alleged each defendant was a “contractor” within the meaning of section 489.126 and sought . . .

GALSTALDI, v. SUNVEST COMMUNITIES USA, LLC, a E. W. LLC, a IMG LLP, a d b a IMGA,, 637 F. Supp. 2d 1045 (S.D. Fla. 2009)

. . . and agrees that the foregoing shall constitute an extension of time limitations set forth in Section 489.126 . . .