Florida Statute 489.141 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 489
CONTRACTING

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F.S. 489.141

489.141 Conditions for recovery; eligibility.—

(1) A claimant is eligible to seek recovery from the recovery fund after making a claim and exhausting the limits of any available bond, cash bond, surety, guarantee, warranty, letter of credit, or policy of insurance if each of the following conditions is satisfied:

(a) The claimant has received a final judgment in a court of competent jurisdiction in this state or has received an award in arbitration or the Construction Industry Licensing Board has issued a final order directing the licensee to pay restitution to the claimant. The board may waive this requirement if:

1. The claimant is unable to secure a final judgment against the licensee due to the death of the licensee; or

2. The claimant has sought to have assets involving the transaction that gave rise to the claim removed from the bankruptcy proceedings so that the matter might be heard in a court of competent jurisdiction in this state and, after due diligence, the claimant is precluded by action of the bankruptcy court from securing a final judgment against the licensee.

(b) The judgment, award, or restitution is based upon a violation of s. 489.129(1)(g), (j), or (k) or s. 713.35.

(d) The judgment, award, or restitution order specifies the actual damages suffered as a consequence of such violation.

(e) The contract was executed and the violation occurred on or after July 1, 1993, and provided that:

1. The claimant has caused to be issued a writ of execution upon such judgment, and the officer executing the writ has made a return showing that no personal or real property of the judgment debtor or licensee liable to be levied upon in satisfaction of the judgment can be found or that the amount realized on the sale of the judgment debtor’s or licensee’s property pursuant to such execution was insufficient to satisfy the judgment;

2. If the claimant is unable to comply with subparagraph 1. for a valid reason to be determined by the board, the claimant has made all reasonable searches and inquiries to ascertain whether the judgment debtor or licensee is possessed of real or personal property or other assets subject to being sold or applied in satisfaction of the judgment and by his or her search has discovered no property or assets or has discovered property and assets and has taken all necessary action and proceedings for the application thereof to the judgment but the amount thereby realized was insufficient to satisfy the judgment; and

3. The claimant has made a diligent attempt, as defined by board rule, to collect the restitution awarded by the board.

(f) A claim for recovery is made within 1 year after the conclusion of any civil, criminal, or administrative action or award in arbitration based on the act. This paragraph applies to any claim filed with the board after October 1, 1998.

(g) Any amounts recovered by the claimant from the judgment debtor or licensee, or from any other source, have been applied to the damages awarded by the court or the amount of restitution ordered by the board.

(h) The claimant is not a person who is precluded by this act from making a claim for recovery.

(2) A claimant is not qualified to make a claim for recovery from the recovery fund if:

(a) The claimant is the spouse of the judgment debtor or licensee or a personal representative of such spouse;

(b) The claimant is a licensee who acted as the contractor in the transaction that is the subject of the claim;

(c) The claim is based upon a construction contract in which the licensee was acting with respect to the property owned or controlled by the licensee;

(d) The claim is based upon a construction contract in which the contractor did not hold a valid and current license at the time of the construction contract;

(e) The claimant was associated in a business relationship with the licensee other than the contract at issue; or

(f) The claimant had entered into a contract with a licensee to perform a scope of work described in s. 489.105(3)(d)-(q) before July 1, 2016.

(3) The board may determine by rule documentation that is required to complete a claim.

History.—s. 21, ch. 93-166; s. 266, ch. 94-119; s. 489, ch. 97-103; s. 32, ch. 98-419; s. 39, ch. 2000-154; s. 4, ch. 2004-84; s. 16, ch. 2011-222; s. 17, ch. 2012-72; s. 6, ch. 2016-129.

F.S. 489.141 on Google Scholar

F.S. 489.141 on Casetext

Amendments to 489.141

Arrestable Offenses / Crimes under Fla. Stat. 489.141

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 489.141.

Annotations, Discussions, Cases:

Cases Citing Statute 489.141

Total Results: 8

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: restitution order." Id. (citing § 489.141(1)(a), (d)). Section 489.141(1)(a)2 contains an exception

Stasinos v. State, Department of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2016-10-13

Citation: 209 So. 3d 18, 2016 Fla. App. LEXIS 15177

Snippet: homeowner must satisfy several conditions. Section 489.141, “Conditions for recovery; eligibility,” states

Butler v. Construction Industry Licensing Board

Court: District Court of Appeal of Florida | Date Filed: 2015-11-16

Citation: 177 So. 3d 1050, 2015 Fla. App. LEXIS 17158

Snippet: beyond the proper scope of this proceeding. See § 489.141, Fla. Stat. (2012). Accordingly, we affirm the

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: licensee to pay restitution to the claimant. § 489.141(l)(a), Fla. Stat. (2010). Assuming all conditions

Shimkus v. State, Department of Business & Professional Regulation, Construction Industry Licensing Board

Court: District Court of Appeal of Florida | Date Filed: 2005-06-15

Citation: 932 So. 2d 223, 2005 Fla. App. LEXIS 9223, 2005 WL 1398161

Snippet: restitution order against a licensee as described in s. 489.141(1), the license of such licensee shall be automatically

Chappell v. Construction Industries Recovery Fund

Court: District Court of Appeal of Florida | Date Filed: 2003-01-15

Citation: 835 So. 2d 339, 2003 Fla. App. LEXIS 232, 2003 WL 118468

Snippet: judgment despite diligent efforts to do so. See § 489.141, Fla. Stat. (2002). The money for the Fund is obtained

Stanley v. Department of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 2001-06-22

Citation: 788 So. 2d 1100, 2001 Fla. App. LEXIS 8489, 2001 WL 697998

Snippet: because the Board’s narrow interpretation of section 489.141(2)(e): (1) defeats the legislative intent for establishing

Free v. Construction Industries Recovery Fund

Court: District Court of Appeal of Florida | Date Filed: 1999-03-24

Citation: 729 So. 2d 980, 1999 Fla. App. LEXIS 3406, 1999 WL 155716

Snippet: two-year limitations period contained in section 489.141(l)(e), Florida Statutes (1995). We agree and reverse