Homesure of America, Inc. D/B/A Cross Country Home Services; The Notice of Petition for Declaratory Statement was published in Volume 37, No. 45, of the November 10, 2011, Florida Administrative Weekly. The Board reconsidered the Petition at a duly-...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Construction Industry Licensing Board

The Construction Industry Licensing Board hereby gives notice of the issuance of an Order regarding the Petition for Declaratory Statement for Homesure of America, Inc. D/B/A Cross Country Home Services, filed on October 24, 2011. The Notice of Petition for Declaratory Statement was published in Vol. 37, No. 45, of the November 10, 2011, Florida Administrative Weekly. The Board reconsidered the Petition at a duly-noticed public meeting held on July 13, 2012. The Petitioner requested the Board to interpret Sections 489.103(9) and 489.105(3), Florida Statutes, and whether a licensed home warranty association and service warranty association must obtain an air conditioning or mechanical contractors license to market and sell a program to provide minor routine air conditioning preventative maintenance services using CCHS’ network of licensed contractors to provide the services, where the aggregate contract price for labor, materials and all other items provided to each customer will be less than $1,000.

The Board’s Order, filed on July 27, 2012, grants the Petition for Declaratory Statement. A contractor’s license is not required for Petitioners to offer the services as a home warranty and service warranty association licensed under Chapter 634, Florida Statutes, including arranging for and compensating licensed contractors for warranty work, so long as Petitioners do not contract for or attempt to control the means and methods of construction for any additional services not included under the warranty, for which the homeowner must hire and compensate the contractor of its choosing. The Board defers jurisdiction to the appropriate agency to determine whether Petitioners are properly licensed under Chapter 634, Florida Statutes and the limitations therein.

A copy of the Board’s Order may be obtained by contacting: Drew Winters, Executive Director, Construction Industry Licensing Board, P. O. Box 5257, Tallahassee, Florida 32314-5257.