Florida Homeowners’ Construction Recovery Fund

Contractors have a statutory duty to notify residential property owners of the Florida Homeowners’ Construction Recovery Fund.

The requirement is found at section 489.1425, F.S., and states that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the recovery fund. An exception is available where the value of all labor and materials does not exceed $2,500.

The written statement must be substantially in the following form:

FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS.

The notice must include the board’s address and telephone number.

Contractors may pay a fine of up to $500 for a first violation of the statute and up to $1,000 per violation thereafter and the money received from fines must be deposited into the recovery fund.