The Board proposes the rule amendment to update the rule title and to delete unnecessary language and add language to clarify Final Judgment and Board Restitution orders and procedures for payment from the Recovery Fund.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Construction Industry Licensing Board

RULE NO: RULE TITLE
61G4-21.006: Collection Efforts
PURPOSE AND EFFECT: The Board proposes the rule amendment to update the rule title and to delete unnecessary language and add language to clarify Final Judgment and Board Restitution orders and procedures for payment from the Recovery Fund.
SUMMARY: The rule amendment will update the rule title and to delete unnecessary language and add language to clarify Final Judgment and Board Restitution orders and procedures for payment from the Recovery Fund.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 489.108 FS.
LAW IMPLEMENTED: 120.69, 455.227(3)(b), 489.143 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: G. W. Harrell, Executive Director, Construction Industry Licensing Board, 1940 North Monroe Street, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

61G4-21.006 Subrogation and Assignment Collection Efforts.

(1) At the time of payment from the Recovery Fund, the claimant shall assign his or her right, title, and interest in any final judgment or board restitution order to the extent of such payment to the Recovery Fund.

(2) Claimant shall file the assignment in the records of the county where the original judgment has been filed.

(2)(3) Upon payment from the Recovery Fund assignment, the Board shall be surrogated to the right, title, and interest of the claimant.; and any Any amount subsequently recovered on the final judgment, board restitution order, or arbitration award, or restitution order by the Board, to the extent of the right, title and interest of the Board therein, shall be for the purpose of reimbursing the Recovery Fund, to the extent of such payment from the Recovery Fund.

(a)  If the claim is based on a final judgment, Claimant shall record the assignment in the public records of each county where the original judgment has been recorded.

(b)  If the claim is based on a board restitution order, Claimant shall record the assignment with the Agency Clerk of the Department of Business and Professional Regulation.

(3)(4) The Board shall attempt to collect from the Contractor repayment of the funds disbursed by any means available to the claimant. Approved recovery fund claims cases shall be referred forwarded to the Department’s Division of Regulation for collection efforts following payment to the claimant when appropriate.

Specific Authority 489.108 FS. Law Implemented 120.69, 455.227(3)(b), 489.143 FS. History–New 7-12-05, Amended                 _________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Construction Industry Licensing Board
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Construction Industry Licensing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 09, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 28, 2007