Florida Statutes 489.1402 – Homeowners’ Construction Recovery Fund; definitions
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(1) The following definitions apply to ss. 489.140–489.144:
(a) “Arbitration” means alternative dispute resolution entered into between a claimant and a contractor either pursuant to a construction contract that contains a mandatory arbitration clause or through any binding arbitration under chapter 682, the Revised Florida Arbitration Code.
Terms Used In Florida Statutes 489.1402
- Arbitration: means a process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which is binding on the parties. See Florida Statutes 489.105
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Business organization: means any partnership, corporation, business trust, joint venture, or other legal entity which engages or offers to engage in the business of contracting or acts as a contractor as defined in this section. See Florida Statutes 489.105
- Contract: A legal written agreement that becomes binding when signed.
- Contracting: means , except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. See Florida Statutes 489.105
- Contractor: means the person who is qualified for, and is only responsible for, the project contracted for and means, except as exempted in this part, the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the paragraphs of this subsection. See Florida Statutes 489.105
- Financially responsible officer: means a person other than the primary qualifying agent who with the approval of the board assumes personal responsibility for all financial aspects of the business organization. See Florida Statutes 489.105
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Trustee: A person or institution holding and administering property in trust.
(b) “Board” means the Construction Industry Licensing Board.
(c) “Claimant” means a homeowner.
(d) “Contractor” means a Division I or Division II contractor performing his or her respective services described in s. 489.105(3).
(e) “Court of competent jurisdiction” means a civil or criminal court in the State of Florida, or a bankruptcy court.
(f) “Homeowner” means the owner of an owner-occupied residence, including a trustee based upon a trust instrument granting a person a beneficial interest for life in the residence.
(g) “Licensee” means a contractor, financially responsible officer, or business organization licensed under this part at the time the violation was committed.
(h) “Notice” means service as described in s. 455.275.
(i) “Residence” means a single-family residence, an individual residential condominium or cooperative unit, or a residential building containing not more than two residential units in which the owner contracting for the improvement is residing or will reside 6 months or more each calendar year upon completion of the improvement.
(j) “Recovery fund” means the Florida Homeowners’ Construction Recovery Fund.
(k) “Same transaction” means a contract, or a series of contracts, between a claimant and a contractor or qualified business, when such contract or contracts involve the same property or contiguous properties and are entered into at one time or serially.
(l) “Valid and current license,” for the purpose of s. 489.141(2)(d), means a license issued pursuant to this part to a licensee, including a license in an active, inactive, delinquent, or suspended status.
(2) The following definitions apply to claims made prior to July 1, 2007, when the contract was executed and the violation occurred on or before January 1, 2005.
(a) “Claimant” means a natural person.
(b) “Licensee” means a contractor, financially responsible officer, or business organization licensed under this part at the time the violation was committed.