Florida Regulations 61G4-21.003: Filing Claims
Current as of: 2024 | Check for updates
|
Other versions
(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: http://www.flrules.org/Gateway/reference.asp?No=Ref-07608. 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.
(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; 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.
(3) Where the final judgment, board restitution order, or arbitration award is not expressly based on Section 489.129(1)(g), (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.
(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.
(5) 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.
(6) 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.
Rulemaking Authority 489.108, 489.141(3) FS. Law Implemented Florida Statutes § 489.141. History-New 7-11-95, Amended 7-1-96, 7-7-05, 4-27-08, 3-18-10, 12-20-16, 5-11-21.
Terms Used In Florida Regulations 61G4-21.003
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(3) Where the final judgment, board restitution order, or arbitration award is not expressly based on Section 489.129(1)(g), (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.
(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.
(5) 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.
(6) 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.
Rulemaking Authority 489.108, 489.141(3) FS. Law Implemented Florida Statutes § 489.141. History-New 7-11-95, Amended 7-1-96, 7-7-05, 4-27-08, 3-18-10, 12-20-16, 5-11-21.