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Florida Statute 489.142 | Lawyer Caselaw & Research
F.S. 489.142 Case Law from Google Scholar
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The 2023 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 489
CONTRACTING
View Entire Chapter
F.S. 489.142
489.142 Board powers relating to recovery; conduct of hearings and service.
(1) With 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. The board may delegate to the department by rule the authority to close any case when a claimant is not qualified to make a claim for recovery from the recovery fund under s. 489.141(2); when after notice the claimant has failed to provide documentation in support of the claim as required by the board; or when the licensee has reached the aggregate limit.
(2) Notwithstanding any other provision of law, the board shall cause a notice of hearing to be served 14 days in advance of the hearing on the claimant and on the licensee whose license is subject to suspension by s. 489.143. Each notice shall inform the recipient of any administrative hearing or judicial review that is available under s. 120.569, s. 120.57, or s. 120.68; shall indicate the procedure that must be followed to obtain the hearing or judicial review; and shall state the time limits that apply. Service of the notice on the licensee shall be made in accordance with s. 455.275. Service of the notice on the claimant shall be by regular United States mail at the address provided on the claim. The service of notice in accordance with this section is complete upon expiration of 14 days after deposit in the United States mail. Proof of service of a notice shall be made by entry in the records of the department that the notice was given. The entry shall be admissible in judicial and administrative proceedings of this state and shall constitute sufficient proof that notice was given.
(3) Notwithstanding any other provision of law, board hearings on claims shall be conducted in accordance with ss. 120.569 and 120.57(2). All claim hearings shall be conducted at the board’s regular meeting at the place, date, and time published. Orders of the board denying or awarding funds to a claimant constitute final orders that may be appealed in accordance with s. 120.68. Orders awarding or denying claims shall be served in the same manner as notices of hearing in this section.
History.s. 21, ch. 93-166; s. 33, ch. 98-419; s. 5, ch. 2004-84.

F.S. 489.142 on Google Scholar

F.S. 489.142 on Casetext

Amendments to 489.142


Arrestable Offenses / Crimes under Fla. Stat. 489.142
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 489.142.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. 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…
  2. 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).
    PAGE 262
  3. Stasinos v. State

    209 So. 3d 18 (Fla. Dist. Ct. App. 2016)   Cited 1 times
    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.
    PAGE 22

    Cases from cite.case.law:

    STASINOS, v. STATE DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION,, 209 So. 3d 18 (Fla. Dist. Ct. App. 2016)

    . . . Our conclusion on this point is supported by section 489.142 of the Recovery Act. . . . .” § 489.142(1), Fla. Stat. (2015) (emphasis added). . . .