61G4-21.003: Filing Claims
PURPOSE AND EFFECT: The Board proposes the rule amendment to delete unnecessary language or add language to clarify procedures for filing claims.
SUMMARY: The rule amendment will delete unnecessary language or add language to clarify procedures for filing claims.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 489.108 FS.
LAW IMPLEMENTED: 489.141 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: G. W. Harrell, Executive Director, Construction Industry Licensing Board, 1940 North Monroe Street, Tallahassee, Florida 32399
THE FULL TEXT OF THE PROPOSED RULE IS:
61G4-21.003 Filing Claims.
(1) through (2) No change.
(3) Where the final judgment, board restitution or order, or arbitration award of restitution 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 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) A claim for recovery must be made within 1 year after the conclusion of any civil, criminal, administrative action, or award in arbitration based on the act. If claimant is prevented from obtaining a judgment, board restitution order, or arbitration award, due to contractor’s death, a claim for recovery must be filed within one year of the contractor’s death. This paragraph applies to any claim not already filed with the board on July 1, 2004. Claims made between October 1, 1998 and July 1, 2004, shall be considered timely if the Construction Industry Licensing Board received a claim form at any time prior to or within one year after the conclusion of any civil, criminal, or administrative action or award in arbitration based on the act which gave rise to the claim.
(6) Claims already filed with the board as of July 1, 2004 are considered timely if made within 1 year after the conclusion of any civil, criminal, administrative action, or award in arbitration based on the act; or is made within 2 years from the time of the act giving rise to the claim or within 2 years from the time the act is discovered or should have been discovered with the exercise of due diligence; however, in no event may a claim for recovery be made more than 4 years after the date of the act giving rise to the claim or more than 1 year after the conclusion of any civil or administrative action based on the act, whichever is later.
(7) 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.
(8) 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.
Specific Authority 489.108 FS. Law Implemented 489.141 FS. History–New 7-11-95, Amended 7-1-96, 7-7-05,_________.