The 2023 Florida Statutes
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We find that the Board is entitled to obtain its own evidence and perform its own calculations to determine "actual damages," particularly on the facts presented. The circuit court judgment resulted from Mr. Wilcox's stipulation as to the Contractor's fault and liability as well as the damages incurred. The stipulation was just that: an undifferentiated lump sum, by agreement between the parties to that lawsuit, for their purposes, not subject to adversarial testing, and not for purposes of the Board's discharging its duties to administer the Fund. Neither the Board, nor we, could determine from the face of the judgment what elements of damages were included in the stipulated amount, nor whether evidence supported the amount or any sub-categories of damages yielding the total amount. Yet the Board is required to exclude several categories of homeowner expenses from its calculations for Fund eligibility. See § 489.143(2), Fla. Stat. (prohibiting use of Fund resources for costs "such as postjudgment interest, attorney fees, court costs, medical damages, and punitive damages"). The Board is also statutorily authorized to close any case "when after notice the claimant has failed to… Section 489.142(3), Florida Statutes (2016), requires that the Board conduct a hearing "in accordance with ss. 120.569 and 120.57(2)." Section 120.569 outlines the procedures for conducting the hearing, including the requirement of "reasonable notice of not less than 14 days[.]" See § 120.569(2)(b), Fla. Stat. (2016). Section 120.57(2) requires "reasonable notice to affected persons" and "[g]ive[s] parties or their counsel the option, at a convenient time and place, to present to the agency or hearing officer written or oral evidence in opposition to the action of the agency[.]" See § 120.57(2)(a)1.–2., Fla. Stat. (2016) (emphasis added).Our conclusion on this point is supported by section 489.142 of the Recovery Act. This section of the Act provides in pertinent part that, "[w]ith respect to actions for recovery from the recovery fund, the board may intervene, enter an appearance, file an answer, defend the action, or take any action it deems appropriate and may take recourse through any appropriate method of review on behalf of the State of Florida." § 489.142(1), Fla. Stat. (2015) (emphasis added). The Board also has inherent authority, in its discretion, to re-open a proceeding where there has been a potential due process violation. See Filarski v. Reemployment Assistance Appeals Comm'n, 97 So.3d 278, 281 (Fla. 4th DCA 2012) ("[A]n administrative agency may vacate and re-enter its final orders ... where the agency has express authority to do so, or where there has been a due process violation."). It was the potential due process question that impelled the Board to reconsider its prior final order in this case. For these reasons, we find no error in this action by the Board.. . . Our conclusion on this point is supported by section 489.142 of the Recovery Act. . . . .” § 489.142(1), Fla. Stat. (2015) (emphasis added). . . .