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The Florida Statutes

The 2018 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 489
CONTRACTING
View Entire Chapter
F.S. 489.1402
489.1402 Homeowners’ Construction Recovery Fund; definitions.
(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.
(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.
History.s. 3, ch. 2004-84; s. 39, ch. 2013-232; s. 5, ch. 2016-129.