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Florida Statute 489.1401 - Full Text and Legal Analysis Florida Statute 489.1401 | Lawyer Caselaw & Research
Fla. Stat. § 489.1401 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
489.1401 Legislative intent.
(1) It is the intent of the Legislature that actions taken by the Construction Industry Licensing Board with respect to contractor sanctions and pursuant to this chapter are an exercise of the department’s regulatory power for the protection of public safety and welfare.
(2) It is the intent of the Legislature that the sole purpose of the Florida Homeowners’ Construction Recovery Fund is to compensate an aggrieved claimant who contracted for the construction or improvement of the homeowner’s residence located within this state and who has obtained a final judgment in a court of competent jurisdiction, was awarded restitution by the Construction Industry Licensing Board, or received an award in arbitration against a licensee on grounds of financial mismanagement or misconduct, abandoning a construction project, or making a false statement with respect to a project. Such grievance must arise directly out of a transaction conducted when the judgment debtor was licensed and must involve an act enumerated in s. 489.129(1)(g), (j), or (k).
(3) It is the intent of the Legislature that Division I and Division II contractors set apart funds for the specific objective of participating in the fund.
History.s. 2, ch. 2004-84; s. 4, ch. 2016-129.

Cases Citing F.S. 489.1401

Fla. Stat. § 489.1401 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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Dorelas v. Florida Dep't of Bus. & Prof'l Reg., 176 So. 3d 391 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 15700, 2015 WL 6390804

...Dóre-las’ property. On appeal, Mr. Dórelas argues he is entitled to a greater amount from the Recovery Fund. The legislature created the Recovery Fund to compensate consumers who suffer monetary damages as a result of certain violations by licensed contractors. See § 489.1401, Fla....
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Bessey, D/B/A MacAle Builders, Inc. v. Constr. Indus. Licensing Bd., Dept. of Bus. & Prof'l Reg. (Fla. 2d DCA 2024).

Published | Florida 2nd District Court of Appeal

...The Homeowners' Construction Recovery Fund was established to compensate aggrieved Florida homeowners who are wronged by specified misconduct by licensed residential construction contractors, including 2 abandonment of construction projects. § 489.1401(2)....
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Ladi Anita March v. Dep't of Bus. & Prof'l Reg., Constr. Indus. Licensing Bd. (Fla. 4th DCA 2022).

Published | Florida 4th District Court of Appeal

...ual damages after contracting for construction or improvement of their residence if the damages were caused by “financial mismanagement or misconduct, abandoning a construction project, or making a false statement with respect to a project.” See § 489.1401(2), Fla....

This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.