61G4-21.002: Definitions
PURPOSE AND EFFECT: The Board proposes to amend the rule to delete unnecessary language and adding language to clarify all reasonable searches and inquiries and actual damages.
SUMMARY: The rule amendment will delete unnecessary language and adding language to clarify all reasonable searches and inquiries and actual damages.
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, 489.143 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:
61G4-21.002 Definitions.
(1) “All reasonable searches and inquiries,” as provided in Section 489.141(1), F.S., shall mean that exhaustive efforts have been made to determine whether the contractor possesses any property or assets with which to satisfy the underlying judgment, order of restitution, or award in arbitration, in whole or in part, and that no such property or assets have has been identified or located. Reasonable searches and inquiries shall constitute the following, if applicable, documentation showing that exhaustive effects have been taken:
(a) through (f) No change.
(2) through (5) No change.
(6) “Actual Damages” as used in Section 489.143(2), F.S., shall mean the general measure of damages suffered as a direct result of a licensee’s violation of Sections 489.129(1)(g), (j), (k), or 713.35, for failing to perform a construction contract., Actual Damages are calculated as which is the difference between the contract price, together with the change orders, and the cost of construction completion by another builder, where the cost of completion is for the same scope of work and materials set out in the original contract. However, if the claimant has paid a deposit or down payment and no actual work is performed or materials are delivered, actual damages shall not exceed the exact dollar amount of the deposit or down payment.
(7) No change.
Specific Authority 489.108 FS. Law Implemented 489.141, 489.143 FS. History–New 7-11-95, Amended 11-13-97, 3-10-03, 7-7-05, ________.