Florida Regulations 61G4-21.002: Definitions
Current as of: 2024 | Check for updates
|
Other versions
(1) “”All reasonable searches and inquiries,”” as provided in Florida Statutes § 489.141(1), shall mean that reasonable efforts have been made to determine whether the contractor possesses any property or assets with which to satisfy the underlying judgment, order of restitution, or award in arbitration, in whole or in part, and that no such property or assets have been identified or located. Reasonable searches and inquiries can be evidenced by documentation of the following claimant’s efforts:
(a) To locate the contractor;
(b) To discover if the contractor has assets from which to collect the judgment such as accounts and real or personal property and equipment;
(c) To collect against any applicable bond issued with the contractor as the principal and that is payable to the claimant; and,
(d) To file a garnishment against the contractor when the action is financially feasible under the circumstances.
Such documentation means proof from the claimant that the claimant has conducted a property records search in the licensee’s state(s) of residence and principal place of business, and has made inquiries with the Department of Highway Safety and Motor Vehicles, and such other proof as the Construction Industry Licensing Board may from time to time require in particular instances. For claims seeking $15,000 or less, evidence that the contractor’s license is suspended due to nonpayment of ordered restitution or fines; or evidence of a Final Order of the Board showing that the contractor was prosecuted for nonpayment of a civil judgment will satisfy the requirement for all reasonable searches and inquiries.
(2) “”Diligent Attempt,”” as provided in Florida Statutes § 489.141, shall have the same meaning as “”all reasonable searches and inquiries”” in subsection (1), above.
(3) “”Same Transaction”” as used in Florida Statutes § 489.143(3), and for purposes of this rule, means a contract, or any series of contracts, between the claimant and a contractor or qualified business, where such contract or contracts involve the same property, or contiguous properties and are either entered into at one time or serially.
(4) “”Recovery Fund”” as used in these rules shall mean the Florida Homeowners’ Construction Recovery Fund.
(5) “”Actual Damages”” as used in Florida Statutes § 489.143(2), shall mean the general measure of damages suffered as a direct result of a licensee’s violation of Section 489.129(1)(g), (j), (k), or 713.35, F.S., for failing to perform a construction contract. Actual Damages are calculated as the difference between the contract price, together with the change orders, and the cost of construction completion by another builder, where the cost of completion is for the same scope of work and materials set out in the original contract. However, if the claimant has paid a deposit or down payment and no actual work is performed or materials are delivered, actual damages shall not exceed the exact dollar amount of the deposit or down payment.
Rulemaking Authority 489.108, 489.141(3) FS. Law Implemented 489.141, 489.143, 489.1402 FS. History-New 7-11-95, Amended 11-13-97, 3-10-03, 7-7-05, 4-27-08, 12-20-16, 5-11-21.
Terms Used In Florida Regulations 61G4-21.002
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Personal property: All property that is not real property.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) To discover if the contractor has assets from which to collect the judgment such as accounts and real or personal property and equipment;
(c) To collect against any applicable bond issued with the contractor as the principal and that is payable to the claimant; and,
(d) To file a garnishment against the contractor when the action is financially feasible under the circumstances.
Such documentation means proof from the claimant that the claimant has conducted a property records search in the licensee’s state(s) of residence and principal place of business, and has made inquiries with the Department of Highway Safety and Motor Vehicles, and such other proof as the Construction Industry Licensing Board may from time to time require in particular instances. For claims seeking $15,000 or less, evidence that the contractor’s license is suspended due to nonpayment of ordered restitution or fines; or evidence of a Final Order of the Board showing that the contractor was prosecuted for nonpayment of a civil judgment will satisfy the requirement for all reasonable searches and inquiries.
(2) “”Diligent Attempt,”” as provided in Florida Statutes § 489.141, shall have the same meaning as “”all reasonable searches and inquiries”” in subsection (1), above.
(3) “”Same Transaction”” as used in Florida Statutes § 489.143(3), and for purposes of this rule, means a contract, or any series of contracts, between the claimant and a contractor or qualified business, where such contract or contracts involve the same property, or contiguous properties and are either entered into at one time or serially.
(4) “”Recovery Fund”” as used in these rules shall mean the Florida Homeowners’ Construction Recovery Fund.
(5) “”Actual Damages”” as used in Florida Statutes § 489.143(2), shall mean the general measure of damages suffered as a direct result of a licensee’s violation of Section 489.129(1)(g), (j), (k), or 713.35, F.S., for failing to perform a construction contract. Actual Damages are calculated as the difference between the contract price, together with the change orders, and the cost of construction completion by another builder, where the cost of completion is for the same scope of work and materials set out in the original contract. However, if the claimant has paid a deposit or down payment and no actual work is performed or materials are delivered, actual damages shall not exceed the exact dollar amount of the deposit or down payment.
Rulemaking Authority 489.108, 489.141(3) FS. Law Implemented 489.141, 489.143, 489.1402 FS. History-New 7-11-95, Amended 11-13-97, 3-10-03, 7-7-05, 4-27-08, 12-20-16, 5-11-21.