61G4-21.003. Filing Claims  


Effective on Tuesday, December 20, 2016
  • 1(1) A claim against the Recovery Fund shall be made on Form DBPR/CILB/022, (Rev. August 2016) “Florida Homeowners’ Construction Recovery Fund Claim Form,” hereby adopted and incorporated by reference at: 32http://www.flrules.org/Gateway/reference.asp?No=Ref-0760834. The address of the Fund where the form can be obtained is: 2601 Blair Stone Road, Tallahassee, FL 32399-1039. The Fund phone number is (850)921-6593.

    60(2) Completed claim forms shall be forwarded to the Board, together with a copy of the complaint that initiated action against the contractor, a certified copy of the underlying judgment, order of restitution, or award in arbitration, together with the judgment; a copy of any contract between the claimant and the contractor, including change orders; proof of payment to the contractor and/or subcontractors; copies of any liens and releases filed against the property, together with the Notice of Claim and Notice to Owner; copies of applicable bonds, sureties, guarantees, warranties, letters of credit and/or policies of insurance; certified copies of levy and execution documents, and proof of all efforts and inability to collect the judgment or restitution order, and other documentation as may be required by the Board to determine causation of injury or specific actual damages.

    197(3) Where the final judgment, board restitution order, or arbitration award is not expressly based on Section 214489.129(1)(g), 215(j) or (k), F.S., claimant must present to the Board sufficient evidence to show that the contractor engaged in activity that is described in those subsections.

    241(4) In the event that the contractor filed for protection under the bankruptcy code, claimant must show that a diligent attempt was made to participate in the distribution of assets, if any. If there were no assets for unsecured creditors, failure to participate in the bankruptcy shall not be grounds for claim denial.

    294(5) 295A claim for recovery must be made within 1 year after the conclusion of any civil, criminal, administrative action, or award in arbitration based on the act. If claimant is prevented from obtaining a judgment, board restitution order, or arbitration award, due to contractor’s death, a claim for recovery must be filed within one year of the contractor’s death. This paragraph applies to any claim not already filed with the board on July 1, 2004.

    370(6) Claims already filed with the board as of July 1, 2004 are considered timely if made within 1 year after the conclusion of any civil, criminal, administrative action, or award in arbitration based on the act; or is made within 2 years from the time of the act giving rise to the claim or within 2 years from the time the act is discovered or should have been discovered with the exercise of due diligence; however, in no event may a claim for recovery be made more than 4 years after the date of the act giving rise to the claim or more than 1 year after the conclusion of any civil or administrative action based on the act, whichever is later.

    493(7) If claimant dies before a claim is filed, claimant’s estate is authorized to file a claim on claimant’s behalf. If there is no estate, claimant’s personal representative is authorized to file a claim on claimant’s behalf.

    530(8) If claimant dies after a claim is filed, but before a claim is adjudicated, claimant’s estate is authorized to proceed on claimant’s behalf. If there is no estate, claimant’s personal representative is authorized to proceed on claimant’s behalf.

    569Rulemaking Authority 571489.108 FS. 573Law Implemented 575489.141 FS. 577History–New 7-11-95, Amended 7-1-96, 7-7-05, 4-27-08, 3-18-10, 12-20-16.