Eligibility Checklist: Do You Qualify for Florida’s Construction Recovery Fund?

1. Contractor Status

[ ] Was the contractor licensed by the Florida Construction Industry Licensing Board (CILB)?

[ ] Was the contractor working under a Division I license (general, building, or residential contractor) or a Division II license (e.g., roofing, plumbing)?

2. Type of Property

[ ] Was the work performed on a residential property (e.g., single-family home, townhouse)?

[ ] Was the property not a commercial or rental unit?

3. Nature of the Dispute

[ ] Did the contractor abandon the project for more than 90 days?

Sometimes hazards are not simply financially related.  Abandonment occurs when a contractor leaves the job site without a legal excuse or proper notice for more than 90 days.  An unfinished construction site is a hazard in the very home of the homeowner.  The homeowner is left with unsafe conditions in their home and must fine another contractor to finish the job

[ ] Did the contractor commit mismanagement or misconduct that caused financial harm?

• Misappropriate funds paid by the homeowner
• Fails to pay subcontractors or suppliers 
• Engages in deceptive billing practices.

This type of dispute is one of the most common and often involves contractors who divert funds for personal use or fail to manage project finances responsibly.

[ ] Did the contractor provide false statements about bonding, insurance, or subcontractor payments? 

Types of contractor fraud
Misrepresenting their license status Lying about their qualifications	Lying about the scope of work to be performed Providing falsified documentation

Fraud cases often involve homeowners being misled about the contractor’s credentials, resulting in substandard or illegal work.  It can create problems in addition to just uncompleted work.

4. Legal Action Taken

[ ] Have you obtained a final judgment in a Florida court against the contractor?

[ ] Or received an arbitration award or order of restitution from the CILB?

[ ] Was the judgment based on violations of Florida Statutes Chapter 489?

5. Exhaustion of Remedies

[ ] Have you made diligent efforts to collect from the contractor directly?

Asset Search: Conduct a formal asset search to determine whether the contractor has recoverable assets. You’ll need to submit a notarized affidavit of this search:

• Use the Sample Affidavit of Asset Search for claims above $15,000
• Use the Sample Short Form for claims below $15,000 provided by the DBPR.

Collection Attempts: Show that you’ve tried to collect the judgment or award through:

Garnishment Levy

Execution of judgment Demand letters or settlement efforts

Bond or Insurance Claims: If the contractor was bonded or insured, you must attempt to recover through those channels first.

No Recovery Achieved: Your documentation must prove that despite these efforts, you were unable to recover funds from the contractor.

6. Timeliness

[ ] Was your claim filed within one year of obtaining the judgment or award?

[ ] Is your claim amount within the compensation cap 

Division	Contracts Signed Post 7/1/16	Contracts Signed Post 7/1/24
I	$50,000	$100,000
II	$15,000	$30,000

7. Documentation

[ ] Do you have a written contract with the contractor?

[ ] Can you provide proof of payment, project scope, and evidence of the contractor’s failure?[ ] Have you completed the Recovery Fund Claim Form and paid the $100 processing fee?

If you meet most of the criteria above, you may be eligible for compensation through Florida’s Construction Recovery Fund. Because the process involves strict requirements and deadlines, working with experienced counsel can be critical. Jimerson Birr helps homeowners evaluate eligibility, prepare documentation, and pursue Recovery Fund claims efficiently to maximize the chance of a successful recovery.