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Florida Statute 489.142 - Full Text and Legal Analysis
Florida Statute 489.142 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 489
CONTRACTING
View Entire Chapter
489.142 Board powers relating to recovery; conduct of hearings and service.—
(1) With respect to actions for recovery from the recovery fund, the board may intervene, enter an appearance, file an answer, defend the action, or take any action it deems appropriate and may take recourse through any appropriate method of review on behalf of the State of Florida. The board may delegate to the department by rule the authority to close any case when a claimant is not qualified to make a claim for recovery from the recovery fund under s. 489.141(2); when after notice the claimant has failed to provide documentation in support of the claim as required by the board; or when the licensee has reached the aggregate limit.
(2) Notwithstanding any other provision of law, the board shall cause a notice of hearing to be served 14 days in advance of the hearing on the claimant and on the licensee whose license is subject to suspension by s. 489.143. Each notice shall inform the recipient of any administrative hearing or judicial review that is available under s. 120.569, s. 120.57, or s. 120.68; shall indicate the procedure that must be followed to obtain the hearing or judicial review; and shall state the time limits that apply. Service of the notice on the licensee shall be made in accordance with s. 455.275. Service of the notice on the claimant shall be by regular United States mail at the address provided on the claim. The service of notice in accordance with this section is complete upon expiration of 14 days after deposit in the United States mail. Proof of service of a notice shall be made by entry in the records of the department that the notice was given. The entry shall be admissible in judicial and administrative proceedings of this state and shall constitute sufficient proof that notice was given.
(3) Notwithstanding any other provision of law, board hearings on claims shall be conducted in accordance with ss. 120.569 and 120.57(2). All claim hearings shall be conducted at the board’s regular meeting at the place, date, and time published. Orders of the board denying or awarding funds to a claimant constitute final orders that may be appealed in accordance with s. 120.68. Orders awarding or denying claims shall be served in the same manner as notices of hearing in this section.
History.—s. 21, ch. 93-166; s. 33, ch. 98-419; s. 5, ch. 2004-84.

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Amendments to 489.142


Annotations, Discussions, Cases:

Cases Citing Statute 489.142

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Stasinos v. State, Dep't of Bus. & Prof'l Reg., 209 So. 3d 18 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 15177

...agreed motion, this court relinquished jurisdiction to the Board for sixty days to reconsider the order. We conclude the request filed by the homeowners in this case satisfies the timeliness requirement. Our conclusion on this point is supported by section 489.142 of the Recovery Act....
...from the recovery fund, the board may intervene, enter an appearance, file an answer, defend the action, or take any action it deems appropriate and may take recourse through any appropriate method of review on behalf of the State *22 of Florida.” § 489.142(1), Fla....
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Ladi Anita March v. Dep't of Bus. & Prof'l Reg., Constr. Indus. Licensing Bd. (Fla. 4th DCA 2022).

Published | Florida 4th District Court of Appeal

...contracting for construction or improvement of their residence if the damages were caused by “financial mismanagement or misconduct, abandoning a construction project, or making a false statement with respect to a project.” See § 489.1401(2), Fla. Stat. (2016). Section 489.142(3), Florida Statutes (2016), requires that the Board conduct a hearing “in accordance with ss....
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Turk, Turk v. Constr. Indus. Licensing Bd. (Fla. 1st DCA 2025).

Published | Florida 1st District Court of Appeal

...April 9, 2025 PER CURIAM. The Court dismisses the appeal for lack of jurisdiction. This dismissal is without prejudice to Appellants’ right to file an appeal once the Board enters a final, appealable order pursuant to Section 489.142(3), Fla....