Florida Statute 489.1401 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 489
CONTRACTING

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F.S. 489.1401

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.

F.S. 489.1401 on Google Scholar

F.S. 489.1401 on Casetext

Amendments to 489.1401

Arrestable Offenses / Crimes under Fla. Stat. 489.1401

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 489.1401.

Annotations, Discussions, Cases:

Cases Citing Statute 489.1401

Total Results: 3

Bessey, D/B/A MacAle Builders, Inc. v. Construction Industry Licensing Board, Dept. of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2024-11-06

Snippet: 2 abandonment of construction projects. § 489.1401(2). But, as DeMaria observed, the Fund is meant

LADI ANITA MARCH v. DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD

Court: District Court of Appeal of Florida | Date Filed: 2022-02-09

Snippet: false statement with respect to a project.” See § 489.1401(2), Fla. Stat. (2016). Section 489.142(3)

Dorelas v. Florida Department of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2015-10-22

Citation: 176 So. 3d 391, 2015 Fla. App. LEXIS 15700, 2015 WL 6390804

Snippet: certain violations by licensed contractors. See § 489.1401, Fla. Stat. (2010). Certain conditions must be