Florida Administrative Code
61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
61G4 - Construction Industry Licensing Board
Chapter 61G4-21 - CONSTRUCTION INDUSTRIES RECOVERY FUND
Section 61G4-21.006 - Subrogation and Assignment

Universal Citation: FL Admin Code R 61G4-21.006

Current through Reg. 50, No. 187; September 24, 2024

(1) At the time of payment from the Recovery Fund, the claimant shall assign his or her right, title, and interest in any final judgment or board restitution order to the extent of such payment to the Recovery Fund.

(2) Upon payment from the Recovery Fund, the Board shall be surrogated to the right, title, and interest of the claimant. Any amount subsequently recovered on the final judgment, board restitution order, or arbitration award, shall be for the purpose of reimbursing the Recovery Fund, to the extent of such payment from the Recovery Fund.

(a) If the claim is based on a final judgment, Claimant shall record the assignment in the public records of each county where the original judgment has been recorded.

(b) If the claim is based on a board restitution order, Claimant shall record the assignment with the Agency Clerk of the Department of Business and Professional Regulation.

(3) Approved recovery fund claims shall be referred for collection efforts following payment to the claimant when appropriate.

Specific Authority 489.108 FS. Law Implemented 120.69, 455.227(3)(b), 489.143 FS.

New 7-12-05, Amended 4-27-08.

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