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The Florida Senate

2006 Florida Statutes

SECTION 1402
Homeowners' Construction Recovery Fund; definitions.
Section 489.1402, Florida Statutes 2006

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 the Florida Arbitration Code.

(b)  "Board" means the Construction Industry Licensing Board.

(c)  "Claimant" means a homeowner.

(d)  "Contractor" means a Division I contractor performing services described in s. 489.105(3)(a)-(c).

(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 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 any 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 either at one time or serially.

(l)  "Valid and current license," for the purpose of s. 489.141(2)(d), means any 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.