Florida Regulations 61G4-21.004: Claims Review
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(1) No claims will be accepted until 35 days after the date indicated on the final judgment, board restitution order, or arbitration award.
(a) A claim number shall not be assigned until a completed and signed fund claim form, as incorporated in Fl. Admin. Code R. 61G4-12.006, is received, along with the documentation required in Fl. Admin. Code R. 61G4-21.003
(b) Upon receipt of the completed claim form, notice will be given to the contractor(s) and the licensee determined to be the qualifier(s) of the business entity involved in the contract. Notice shall be given to the mailing address as it appears in the Department records.
(2) Claims shall be reviewed for completeness by Board staff.
(3) The Board hereby delegates to the Department authority to issue a closing order for any claim when:
(a) The claimant is a licensee who acted as the contractor;
(b) The claimant is the spouse of the judgment debtor or licensee or a personal representative of such spouse;
(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;
(f) When, after notice, the claimant has failed to provide documentation in support of the claims required by rule;
(g) Where the licensee has reached the aggregate limit, or
(h) The claimant has contracted for scope of work described in Section 489.105(3)(d)-(q), F.S., prior to July 1, 2016.
For the purpose of oversight by the Board, the Recovery Fund’s legal staff shall, on a monthly basis, provide the Chairperson, or the Chairperson’s delegate with copies of all closing orders filed in the preceding period.
(4) The chairperson of the Construction Industry Licensing Board shall appoint a committee, comprised of at least one member from Division I and one member from Division II, to review claims against the fund, and recommend action to the Board.
(5) The Board shall give notice to the claimant, the contractor and the licensee of the time and place where the committee will review the claim and the Board will take action on the claim. Claim cases will not be set on the committee agenda for review unless all the major elements of the claim are present. These are:
(a) A completed and signed claim form;
(b) A final judgment, board restitution order, or arbitration award;
(c) Evidence of a violation of Section 489.129(1)(g), (j), or (k), F.S.; and,
(d) Evidence that all reasonable searches and inquiries have been undertaken.
(6) Claims shall be set for presentation in claim number order.
(7) The Board shall either authorize payment of the claim in full or in part, or deny the claim in full, by entry of a Final Order in accordance with Florida Statutes § 489.143 Action by the Board shall be considered final agency action.
(8) Board staff shall provide the recovery fund committee information each month showing all payments approved and made to claimants.
Rulemaking Authority 489.108 FS. Law Implemented 489.141, 489.143, 489.1402 FS. History-New 7-11-95, Amended 4-27-99, 7-7-05, 4-27-08, 12-20-16.
Terms Used In Florida Regulations 61G4-21.004
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Oversight: Committee review of the activities of a Federal agency or program.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(b) Upon receipt of the completed claim form, notice will be given to the contractor(s) and the licensee determined to be the qualifier(s) of the business entity involved in the contract. Notice shall be given to the mailing address as it appears in the Department records.
(2) Claims shall be reviewed for completeness by Board staff.
(3) The Board hereby delegates to the Department authority to issue a closing order for any claim when:
(a) The claimant is a licensee who acted as the contractor;
(b) The claimant is the spouse of the judgment debtor or licensee or a personal representative of such spouse;
(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;
(f) When, after notice, the claimant has failed to provide documentation in support of the claims required by rule;
(g) Where the licensee has reached the aggregate limit, or
(h) The claimant has contracted for scope of work described in Section 489.105(3)(d)-(q), F.S., prior to July 1, 2016.
For the purpose of oversight by the Board, the Recovery Fund’s legal staff shall, on a monthly basis, provide the Chairperson, or the Chairperson’s delegate with copies of all closing orders filed in the preceding period.
(4) The chairperson of the Construction Industry Licensing Board shall appoint a committee, comprised of at least one member from Division I and one member from Division II, to review claims against the fund, and recommend action to the Board.
(5) The Board shall give notice to the claimant, the contractor and the licensee of the time and place where the committee will review the claim and the Board will take action on the claim. Claim cases will not be set on the committee agenda for review unless all the major elements of the claim are present. These are:
(a) A completed and signed claim form;
(b) A final judgment, board restitution order, or arbitration award;
(c) Evidence of a violation of Section 489.129(1)(g), (j), or (k), F.S.; and,
(d) Evidence that all reasonable searches and inquiries have been undertaken.
(6) Claims shall be set for presentation in claim number order.
(7) The Board shall either authorize payment of the claim in full or in part, or deny the claim in full, by entry of a Final Order in accordance with Florida Statutes § 489.143 Action by the Board shall be considered final agency action.
(8) Board staff shall provide the recovery fund committee information each month showing all payments approved and made to claimants.
Rulemaking Authority 489.108 FS. Law Implemented 489.141, 489.143, 489.1402 FS. History-New 7-11-95, Amended 4-27-99, 7-7-05, 4-27-08, 12-20-16.