Florida Statutes
Fla. Stat. § 489.1401 (2025)
Legislative intent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2015–2024 · leading case: Ladi Anita March v. Dep't of Bus. & Prof'l Reg., Constr. Indus. Licensing Bd. (Fla. 4th DCA 2022).
Ladi Anita March v. Dep't of Bus. & Prof'l Reg., Constr. Indus. Licensing Bd. (Fla. 4th DCA 2022). “” See § 489.1401(2), Fla. Stat. (2016). Section 489.”
Dorelas v. Florida Dep't of Bus. & Prof'l Reg., 176 So. 3d 391 (Fla. 1st DCA 2015). “See § 489.1401, Fla. Stat. (2010). Certain conditions must be met for a claimant to obtain restitution from the Recovery Fund.”
Bessey, D/B/A MacAle Builders, Inc. v. Constr. Indus. Licensing Bd., Dept. of Bus. & Prof'l Reg. (Fla. 2d DCA 2024). “§ 489.1401(2). But, as DeMaria observed, the Fund is meant to be a last resort.”
— 489.1401(2) — 2 cases
Ladi Anita March v. Dep't of Bus. & Prof'l Reg., Constr. Indus. Licensing Bd. (Fla. 4th DCA 2022). “” See § 489.1401(2), Fla. Stat. (2016). Section 489.”
Bessey, D/B/A MacAle Builders, Inc. v. Constr. Indus. Licensing Bd., Dept. of Bus. & Prof'l Reg. (Fla. 2d DCA 2024). “§ 489.1401(2). But, as DeMaria observed, the Fund is meant to be a last resort.”
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