Florida construction contract requirements: what your contract must include, and how much deposit you can take
- Free. The download links come by email.
- Deepsel is our product: free estimate, invoice and scheduling software for contractors (scheduling, quotes, invoicing, card payments). The section before the FAQ says where it fits and where it doesn't.
- Not legal advice. Have a Florida attorney read the template before you use it.
Florida has no law that simply says "put it in writing," but any home job over $2,500 needs notices printed in the contract, so in practice you need a written one. The construction lien notice goes in every direct contract over $2,500 to improve a home of one to four units,1 and contractors licensed by the Construction Industry Licensing Board (CILB) add the Recovery Fund statement to residential contracts over $2,500.2 There's no cap on the deposit. Take more than 10% of the price up front on a residential job, though, and you have 30 days to apply for the permits and 90 days after they issue to start work, unless the customer agrees in writing to longer.4
I put every required notice, in the statutes' own words, into a free Florida residential contract template. Get it three ways: make your own copy in Google Docs, download the Word version (.docx), or download the PDF. Pick a format, enter your email and I'll send the links.
This page is for contractors who just got a Florida license, and for new companies that an existing license holder just qualified. One contractor on Reddit put the problem well: "just googling a contract and hoping for the best won't get one that's written specifically for the state he works in" (r/Contractor). Florida's rules are spread over four chapters of statutes and two licensing boards, so here they are in one place, with the law's words next to each clause.
Does Florida's contract law apply to you?
It depends on three things: whether the job is residential, how big it is, and which board licensed you.
- Residential or commercial. The lien notice covers improvements to "single or multiple family dwellings up to and including four units."1 The Recovery Fund statement and the 10% deposit rule both cover work "to residential real property," with no unit limit.2,4 A store, an office or a warehouse gets none of the three.
- The $2,500 line. Both notices start above $2,500. The lien notice applies to a direct contract "greater than $2,500." The Recovery Fund statement is excused only "where the value of all labor and materials does not exceed $2,500."1,2 Below that, your license number and the cancellation rules still apply.
- Certified or registered. A certified license (C prefix, like CGC or CAC) lets you contract anywhere in Florida; a registered one (R prefix, like RG or RA) only where you hold the local competency.7 The contract rules are the same for both. The Florida general contractor license guide covers the difference, and what qualifying a company involves.
- A newly qualified company. If your license qualifies a business, the contract is in the business's name and carries your license number. A business that loses its qualifying agent is "unlicensed" for contract purposes, which means its contracts can't be enforced by it (more below).8
Then the board. Florida licenses construction trades through the CILB, under part I of chapter 489, and electrical and alarm contractors through the Electrical Contractors' Licensing Board (ECLB), under part II. Most contract rules reach both. Two don't. (Electricians: the Florida electrical contractor license guide covers the rest of your first 30 days.) Here's what each license should do:
| Your license | Lien notice (s. 713.015) | Recovery Fund statement (s. 489.1425) | 10% deposit rule (s. 489.126) | What to do |
|---|---|---|---|---|
| General, building, residential: CGC, CBC, CRC, RG, RB, RR (CILB Division I) | Yes | Yes | Yes | Use the full template on every home job over $2,500. |
| HVAC and mechanical (CAC, RA, CMC, RM), sheet metal (CSC, RS), plumbing (CFC, RF), pool/spa (CPC, RP), underground utility (CUC), solar and specialty licenses (CILB Division II) | Yes | Yes. The fund has covered Division II work since July 1, 2016.3 | Yes | Full template for installs, replacements and repipes over $2,500. A $300 service call needs neither notice, but it still needs your license number, and the cancellation notice if the customer signs at home. |
| Roofing: CCC, RC (CILB Division II) | Yes | Yes | Yes | Full template, plus the roofing notices on the signature page (below). |
| Electrical and alarm: EC, ER, ES, EF, EG (ECLB) | Yes. Chapter 713 covers anyone who contracts with an owner to improve real property, including "fixtures or permanent apparatus."1 | No. The fund pays only on CILB licensees, and the duty sits in part I with CILB fines.3 | Unclear. The section sits in part I and borrows part I's list of trades, which doesn't include electrical work. Follow it anyway. | Full template, minus Section 14 (the Recovery Fund statement). Printing it would tell your customer about a fund that won't pay a claim against you. |
| Subcontractor to another contractor | No. It covers direct contracts with the owner. | No. It goes in the prime contractor's contract with the owner. | Meet its deadlines on any up-front money you take; it covers anyone paid for residential work. | Get a written subcontract anyway, with your license number on it. |
| Any license, commercial job | No | No | No | Use a commercial contract. |
What a Florida construction contract must include
Florida's list is short, and no single statute holds it. Five items come from four laws:
| Item | The law's words | Who it binds | Where it is in the template |
|---|---|---|---|
| Construction lien law notice | Printed "in no less than 12-point, capitalized, boldfaced type on the front page of the contract or on a separate page, signed by the owner and dated" (s. 713.015)1 | Every trade, direct contracts over $2,500, homes of 1 to 4 units | Page 1, with a line for the owner to sign and date |
| Recovery Fund statement | A statement "substantially in the following form," then "the board's address and telephone number as established by board rule" (s. 489.1425)2 | CILB licensees, residential work over $2,500 | Section 14 |
| Your license number | "shall appear in each offer of services, business proposal, bid, contract, or advertisement" (s. 489.119(5)(b))5; for the ECLB, "each offer of services, business proposal, or advertisement" (s. 489.521(7)(b))6 | Everyone, any job size | Page 1 and your signature block |
| Buyer's right to cancel | The statement under the caption "BUYER'S RIGHT TO CANCEL" (s. 501.031)13, plus the FTC's statement "in bold face type of a minimum size of 10 points" next to the buyer's signature and a Notice of Cancellation in duplicate14 | Sales signed at the customer's home or anywhere away from your place of business | Just above the signatures, and Appendix B |
| Roofing notices | A notice that you won't offer rebates or deductible waivers, and an insurance statement "in bold type of not less than 14 points on the page reserved for the signature of the residential property owner" (s. 489.147)16 | Roofing contracts on homes | The signature page, marked roofing only |
The lien notice, word for word
The notice is a fixed paragraph of about 190 words, in capitals. It tells the owner that unpaid subcontractors and suppliers can lien the house "even if you have already paid your contractor in full," and that you can lien it too if they don't pay you. The statute gives you two places for it: the front page, or a separate page the owner signs and dates.1 The template puts it on page 1 with a signature and date line under it, which covers both readings.
Read the last lines before you send it. The notice tells your customer to "stipulate in this contract that before any payment is made, your contractor is required to provide you with a written release of lien" from anyone who has served them a Notice to Owner. A careful customer will ask for exactly that, so the template already promises it in Section 5, along with the final payment affidavit Florida's lien law requires before final payment.19 The deadlines and the paperwork for getting paid are in the Florida mechanics lien guide.
If the contract is oral, the law still wants the notice "in a document referencing the contract."1 One more reason not to work on a handshake.
The Recovery Fund statement
The wording is fixed in s. 489.1425, in capitals: "PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT..." and it ends by telling the owner to contact the CILB "at the following telephone number and address." The board's rule gives those as 2601 Blair Stone Road, Tallahassee, FL 32399-1039, and (850) 921-6593.2 DBPR's own web page shows the same street and phone with a different ZIP+4 (32399-2215); I used the rule's, because the statute points to the rule.
Customers sometimes read this paragraph as a warning sign. It isn't one. Every CILB contractor in the state prints it, and the fund only pays after a court judgment, an arbitration award or a board restitution order against the contractor that the homeowner couldn't collect.3
What Florida doesn't require, but your contract needs anyway
Florida doesn't list a price, a payment schedule or a start date as required terms. Put them in. Here's what the template adds, and why:
- An effective date. If your license status is ever questioned, Florida judges it "on the effective date of the original contract for the work, if stated therein."8 Pick a date when your license and your company's qualification are both active.
- Permit and start deadlines that match s. 489.126, with an optional line where the owner agrees in writing to longer ones (Section 2).
- The price as a fixed price, cost plus with a cap, or time and materials with a not-to-exceed number.
- A payment schedule tied to milestones the customer can see, and changes only by signed change order (the change order template has a longer version of the form in Appendix C).
- A delay clause that names hurricanes and declared emergencies, and says you'll explain any stoppage in a certified letter. Under the CILB's disciplinary law a job "may be presumed abandoned after 90 days" without work, or if you end it without "proper notification to the owner, including the reason for termination."9
Florida contractor deposit law: what s. 489.126 says
"Are you allowed legally to charge that much deposit?" is a question contractors ask a lot (r/GeneralContractor). In Florida, yes. There's no cap. I searched the 2026 text of chapter 489 (both parts), chapter 713's lien law, the Home Solicitation Sale Act and the CILB's penalty rules for "deposit," "down payment," "escrow" and "initial payment." The only deposit rule is a timing rule in s. 489.126, and a few websites that call 10% a cap have it wrong.4
Here's the rule. A contractor "who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must":4
- "Apply for permits necessary to do work within 30 days after the date payment is made," unless the work needs no permit, and
- "Start the work within 90 days after the date all necessary permits for work, if any, are issued,"
"unless the contractor has just cause ... or unless the person who made the payment agreed, in writing, to a longer period." Exactly 10% doesn't start the clocks; the trigger is "more than 10 percent." The section reaches "any person performing or contracting or promising to perform" the work, "without regard to the licensure of the person."
If you miss a deadline, the customer sends a demand by certified mail, return receipt requested, to the address in your contract, asking you to apply for the permits, start, or refund. If you don't do one of those within 30 days, it "may be inferred" that you had no just cause.4 From there it's criminal. Under $1,000 is a first-degree misdemeanor. From $1,000 it's a felony, rising with the amount, up to a first-degree felony at $200,000 or more. The intent can be shown "at the time that the contractor appropriated the money to his or her own use," and "the fact that the person so charged intended to return the money owed is not a defense."
A second rule in the same section covers jobs already under way. A contractor holding more money than the work done is worth "may not fail or refuse to perform any work for any 90-day period or for any period that is mutually agreed upon and specified in the contract." The same felony scale applies to the excess.4 The CILB can also fine you: its guideline for missing the 489.126 deadlines starts at a $2,500 fine or probation for a first offense and runs to $10,000 with probation, suspension or revocation for repeats.10
Florida's Attorney General tells homeowners about the 10% line on its contractor page, so expect a customer to know it.18
Special orders
Florida has no special-order exception, and it doesn't need one, because the rule is about time, not size. If you take 40% down to order impact windows or custom cabinets, the question is whether you'll apply for the permits within 30 days and start within 90 days after they issue. If the factory lead time makes that doubtful, the statute's own fix is a written agreement to longer periods. Section 2.4 of the template is that agreement: two dates, a reason, and the owner's initials. Fill it in at signing, not after you've missed the date.
How to hold the money
Florida doesn't require an escrow or trust account for homeowner deposits. It does tell you what the money is for. Under s. 713.345, anyone "who receives any payment on account of improving real property must apply such portion of any payment" to what's already owed for labor and materials on that job. Knowingly misapplying it is a felony at any amount, and the CILB must suspend every license of a licensee convicted of it for at least a year.11,9 That section isn't limited to CILB trades, so it covers electricians too.
From July 1, 2026, there's a deadline on the way out as well: a contractor licensed by the CILB must pay subcontractors and suppliers "within 45 days after receiving payment" for their work, or on the contract's terms, unless the amount is in good-faith dispute. Knowingly or willfully missing it is grounds for CILB discipline.12 The section says "a licensed contractor," but it sits in part I with the CILB trades, uses part I's definitions of subcontractor and supplier, and is enforced through the CILB's disciplinary statute. Whether it reaches ECLB electrical contractors is unclear, so electricians should pay on the same schedule anyway.
The simple version: keep the job's money for the job, and pay the people on it promptly. A separate bank account for customer deposits makes both easy to prove.
Setting the payment schedule
Tie every payment after the first to something the customer can see. A $32,000 impact window job, where the windows are made to order, in the template's format:
| Payment | When | Amount |
|---|---|---|
| Initial payment (40%) | After both sign, and after the three-day cancellation period if it applies | $12,800 |
| Progress 1 | Windows delivered to the site | $9,600 |
| Progress 2 | Installation complete | $6,400 |
| Final | Final inspection passed, punch list done | $3,200 |
At 40% down, both 489.126 clocks start, so diary the 30-day permit deadline and fill in Section 2.4 if the factory date could push the start past 90 days after the permit. An AC changeout is different: stock equipment, a permit pulled in days and the install the same week, so even 50% down rarely gets near the deadlines. Ten percent or less, and the clocks never start.
A pool build has more stages and more subs, and pool contractors draw more paid Recovery Fund claims than any other license type (the count from DBPR's files is on the Florida pool contractor license page). A $70,000 gunite pool, with every draw after the first tied to a stage the owner can walk out and look at:
| Payment | When | Amount |
|---|---|---|
| Initial payment (10%) | After both sign, and after the three-day cancellation period if it applies | $7,000 |
| Progress 1 | Shell shot: excavation, steel and plumbing done | $24,500 |
| Progress 2 | Deck, tile, coping and equipment set | $24,500 |
| Progress 3 | Final electrical and barrier inspections passed | $10,500 |
| Final | Start-up done, punch list done | $3,500 |
At 10% down the 489.126 clocks don't start. The barrier draw comes before the start-up for a reason: the building code says "Final electrical, and barrier code, inspection shall be completed prior to filling the pool with water," so a gunite pool can't be filled, let alone started up, until the fence or enclosure passes.21 (Vinyl liner and fiberglass pools are the code's exception, filled when they're installed, so their draws run in a different order.) The barrier rules are on the Florida pool fence requirements page, and what each pool license class may build is on the Florida pool contractor license page.
Here's what the other way looks like. In a Manatee County case the Bradenton Herald reported in July 2026, homeowners hired a local pool company in 2024 and paid about $54,000 to $117,000 a project. Construction stalled by early 2025. The homeowners then paid the subcontractors themselves to clear liens. DBPR closed 32 complaints against the contractor, who gave up the license, at least 26 homeowners filed Recovery Fund claims, and the owner was charged with misapplying construction funds, a felony; he has pleaded not guilty.22 Keep each draw behind the work it pays for, and pay the subs out of it. What a sub's lien means for your customer, and how to collect your own money, is in the Florida mechanics lien guide.
Cancellation: Florida's three-day rule and the FTC Cooling-Off Rule
Two laws give a customer three business days to back out, and both care about where they signed. They don't cover quite the same sales:
| Florida Home Solicitation Sale Act | FTC Cooling-Off Rule (16 CFR 429) | |
|---|---|---|
| Covers | A sale "in excess of $25" where you personally solicit away from your "fixed location business establishment" and the deal is made there. Excludes sales at a fair, and a sale "that results from a request for specific goods or services by the purchaser."13 | Sales of $25 or more at the buyer's home, or $130 or more elsewhere away from your place of business, "including those in response to or following an invitation by the buyer."14 |
| Deadline | "Midnight of the third business day after the day on which the buyer signs." A mailed notice counts from its postmark. | Midnight of the third business day. Business days skip Sundays and federal holidays under both. |
| Notice | A fixed statement under the caption "BUYER'S RIGHT TO CANCEL," and the agreement dated the day the buyer "actually signs." | A statement in 10-point bold next to the buyer's signature, a completed Notice of Cancellation in duplicate, and telling the buyer out loud. The contract must be in the language of the sales pitch, so a pitch in Spanish needs a contract in Spanish. |
| Refund | All payments "within 10 days," and you can't keep "all or part of any cash down payment." | All payments within 10 business days |
| Work done before a cancellation | "The seller is entitled to no compensation for such services." | Not addressed |
| Emergency | No waiver in the act. A job the customer called you about is outside it anyway, as a requested sale. | Excluded if the buyer started the contact for "a bona fide immediate personal emergency" and wrote you a dated, signed statement "in the buyer's handwriting" giving up the right |
| Penalty | A first-degree misdemeanor, plus the consumer act below | FTC enforcement; in Florida, an FTC rule violation can also ground a consumer act claim |
Florida's exclusion for requested sales is wider than the FTC's, but the FTC rule applies in Florida anyway. A homeowner who calls you for a water heater quote and signs at the kitchen table is probably outside the Florida act and inside the FTC rule. So here's what I'd do: whenever the customer signs anywhere other than your shop or office, hand over both notices, give the cancellation speech, and wait three business days before you start or order anything non-returnable. Refund within 10 calendar days, which satisfies both laws.
For a real emergency (a burst pipe, no cooling for someone medically at risk), Appendix D of the template is a blank page for the customer to write the FTC waiver in their own words. Don't pre-print it.
If you knock on doors, there's a step before the contract. Florida requires a home solicitation sale permit, issued by the clerk of the circuit court in each county where you sell, and you must show it "before initiating the solicitation." Visits "upon the express invitation" of someone who lives there are excluded.13 Storm-chasing roofers, take note.
Roofing contracts have one more right after a storm. If the home is in the area of a Governor's state of emergency and the contract is signed within 180 days of the events behind it, the owner can cancel within 10 days after signing or by the official start date, whichever comes first. A permit issued, roof materials going on or a code-compliant temporary repair sets that start date. The notice goes in 14-point bold immediately before the owner's signature.16 The template includes that paragraph for roofers. The rest of the roofing and insurance claim rules, including this notice's exact wording, are on the Florida roofing insurance claim law page.
Other paperwork around the contract
- Lien paperwork. The notice of commencement, notices to owner, lien releases and the final payment affidavit all come from chapter 713. The Florida mechanics lien guide covers them; this page covers only the notice that goes in the contract.
- Insurance. Florida doesn't require an insurance clause in the contract, but if you write one, make it true. Falsely stating that workers' compensation or liability insurance is provided is a ground for CILB discipline.9 What coverage new contractors carry, and what it costs, is in contractor insurance.
- Permits. From July 1, 2026, single-family work under $7,500 that isn't electrical, plumbing, structural, mechanical or gas work, and isn't in a flood hazard area, is exempt from a building permit. To use the exemption you send the building department a written request "with a copy of the contract" or other proof of the work and its value.17 One more reason the contract should state the price plainly.
- The pool buyer packet. A licensed pool contractor who agrees to build a home pool, or a licensed home builder agreeing to build a house with one, "must give the buyer a document containing the requirements of this chapter" (the pool safety rules in chapter 515) and the Department of Health's drowning-prevention publication.20 Hand it over when the buyer signs. The Florida pool fence requirements page says what goes in the packet and has a free buyer notice with a receipt for the buyer to sign.
- Arbitration. Not required. The template sends disputes to the county or circuit court. If you want an arbitration clause, have your attorney write it.
What happens if your contract is wrong
- No lien notice: it doesn't void the contract. The lien law says the missing notice "does not bar the enforcement of a lien against a person who has not been adversely affected," so an owner who was hurt by not knowing can use it against your lien.1 I found no separate disciplinary rule for leaving it out.
- No Recovery Fund statement: a CILB fine of up to $500 for the first violation and $1,000 for each one after.2 The board's guideline puts a first offense at $250 to $500.10
- No license number: a notice of noncompliance first, then a fine or citation if you don't fix it within 30 days.5 The CILB guideline for a first offense is $250 to $1,000.10
- No cancellation notice on a home sale: the customer can cancel, you get nothing for work already done, and breaking the act is a first-degree misdemeanor.13
- Consumer act claims. The Florida Deceptive and Unfair Trade Practices Act can rest on any FTC rule or any law against unfair or deceptive practices. The customer can recover actual damages, and the winning side can recover attorney's fees from the loser. There's no tripling in Florida's act. The state can add civil penalties of up to $10,000 per willful violation, or $15,000 when the customer is 60 or older, disabled, or a servicemember or their family.15
- No license, or the wrong one: the contract "shall be unenforceable in law or in equity by the unlicensed contractor," and you lose any lien or bond claim. A business is unlicensed if it has no qualifying agent for the work, judged on the contract's effective date. Electrical and alarm contractors have the same rule in part II.8
- Money crimes: s. 489.126 for deposits and stalled jobs, and s. 713.345 for job money spent elsewhere.4,11
The free Florida residential contract template
Plenty of new contractors start where one carpenter on Reddit did: "I got Chat GPT to write me up a contract template" (r/Carpentry). A generic one won't have Florida's lien notice in 12-point capitals, the Recovery Fund statement with the board's address, or both cancellation statements. This one has them, in the order a homeowner reads it:
- Page 1: your company, license number and qualifier, the owner, the project, the effective date and where they signed, then the s. 713.015 lien notice with the owner's signature.
- The work, permits and deadlines (with the optional longer-period agreement for 489.126), the price in three shapes, and a payment schedule with the initial payment as a dollar amount and a percent.
- Lien releases before each payment, the delay clause, change orders, owner duties, cancellation rights for both sides, warranty, insurance, disputes and records.
- The Recovery Fund statement (Section 14, CILB licensees), then the signature page: the roofing notices for roofers, Florida's "BUYER'S RIGHT TO CANCEL" statement and the FTC statement right above the signatures.
- Appendix A, specified materials with a special-order column. Appendix B, the Notice of Cancellation in two copies. Appendix C, a change order. Appendix D, the handwritten emergency waiver page.
It's built for residential jobs. Commercial work needs different paper. Copy it in Google Docs, or download the Word file or the PDF.
Where Deepsel fits
Deepsel is the field service software I build, and it handles the quote that comes before this contract. You write the quote with options (good, better, best), and a shop-wide terms text is copied onto every quote, so your Florida clauses can sit there. The customer approves online and signs on screen, and you can set an optional deposit, as a percent or a fixed amount, that they pay by card when they approve; it's credited on the final invoice. On Pro you can attach a contract to the estimate, for the customer to read on the quote page and sign when they approve, put a payment schedule (initial payment, milestones, final) on the estimate, and send change orders the customer signs online. Florida isn't one of the 15 built-in contracts yet, so you'd copy one in Settings and edit it with the clauses from this template. Free covers 30 estimates and 30 invoices a month for your whole team, with scheduling and dispatch, quotes, invoicing, card payments, and customer and equipment records; Pro is $29 a month with unlimited estimates and invoices (pricing). What it won't do: Deepsel doesn't know Florida law. It won't add the lien notice or the Recovery Fund statement for you, it won't stop you from setting a 40% deposit, and it won't remind you that the 30-day permit clock started. That checking is still yours.
Free up to 30 estimates and 30 invoices a month, then $29 a month for your whole team. No credit card required.Frequently asked questions
How much deposit can a contractor take in Florida?
Florida sets no cap. Section 489.126 makes 10% a trigger instead: a contractor who takes more than 10% of the contract price as the initial payment on residential work must apply for the permits within 30 days and start work within 90 days after the permits are issued, unless the customer agrees in writing to longer periods. So 50% down is legal. It just starts both clocks, and missing them without just cause can become a crime once the customer sends a certified demand letter and you don't act or refund within 30 days.
What are the laws governing contractor payments in Florida?
For money coming in: s. 489.126 (more than 10% up front starts the permit and start-work deadlines, and holding more money than the work is worth while doing nothing for 90 days is a crime) and s. 713.345 (payments on a job must go to the people owed for that job; misapplying them is a felony). For money going out: from July 1, 2026, s. 489.1295 makes a CILB-licensed contractor pay subcontractors and suppliers within 45 days after receiving payment for their work, unless the contract says otherwise or the amount is in good-faith dispute. Getting paid yourself (notices to owner, liens, final payment affidavit) runs through chapter 713.
What is the $7,500 renovation limit in Florida?
It's a building permit exemption, not a contract or deposit rule. From July 1, 2026, s. 553.79(1)(g) requires local governments to exempt work on a single-family home valued at less than $7,500 from needing a building permit. It doesn't cover property in a flood hazard area or any electrical, plumbing, structural, mechanical or gas work, and you can't split a project to get under it. To use it, the owner or contractor sends the building department a written request with a copy of the contract or other papers showing what the work is and what it costs.
What is the new contractor law in Florida?
Three recent changes touch contracts and money. July 1, 2026: CILB-licensed contractors must pay subcontractors and suppliers within 45 days after being paid for their work (s. 489.1295, from SB 290), and single-family work under $7,500 that isn't electrical, plumbing, structural, mechanical or gas work is exempt from permits (s. 553.79, from HB 803). May 2025: HB 715 rewrote the roofing contract notices, so every residential roof repair or replacement contract now carries an insurance statement in 14-point bold on the owner's signature page (s. 489.147(7)). The 10% deposit rule, the Recovery Fund statement and the lien notice did not change in 2025 or 2026.
What is the Florida Homeowners' Construction Recovery Fund?
A state fund, paid for by a surcharge on building permits, that can repay a homeowner who lost money to a CILB-licensed contractor through financial mismanagement, abandonment or a false statement about bonding, payments or insurance, and couldn't collect a judgment, arbitration award or board restitution order. The home must be owner-occupied. For contracts signed on or after July 1, 2024, it pays up to $100,000 a claim against general, building and residential contractors and up to $30,000 against Division II trades like HVAC, plumbing and roofing. A payment suspends the contractor's license until it is repaid with interest. Electrical contractors licensed by the ECLB aren't covered.
Does a contractor need a written contract in Florida?
No Florida statute says every home job needs a written contract. In practice you need one above $2,500: the construction lien notice must be in any direct contract over $2,500 for a home of one to four units, and a CILB contractor's residential contract over $2,500 must carry the Recovery Fund statement. A home solicitation sale must be in writing at any price over $25. And your license number has to appear on the contract or proposal whatever the size.
Sources
- Florida Statutes § 713.015, "Mandatory provisions for direct contracts" - "Any direct contract greater than $2,500 between an owner and a contractor, related to improvements to real property consisting of single or multiple family dwellings up to and including four units, must contain the following notice provision printed in no less than 12-point, capitalized, boldfaced type on the front page of the contract or on a separate page, signed by the owner and dated"; (2)(a) oral contracts; (2)(b) "does not bar the enforcement of a lien against a person who has not been adversely affected." leg.state.fl.us, 2026 Florida Statutes. Definitions of "contractor," "direct contract" and "improve": § 713.01(8), (9), (15), leg.state.fl.us. Read November 8, 2026.
- Florida Statutes § 489.1425, "Duty of contractor to notify residential property owner of recovery fund" - required "except where the value of all labor and materials does not exceed $2,500"; the statement's wording; fines of up to $500, then $1,000 per violation. leg.state.fl.us. Board's address and phone: Fla. Admin. Code R. 61G4-21.003(1), "2601 Blair Stone Road, Tallahassee, FL 32399-1039. The Fund phone number is (850)921-6593," flrules.org; DBPR, "Construction Industry – Recovery Fund," myfloridalicense.com. All read November 8, 2026.
- Florida Homeowners' Construction Recovery Fund, Florida Statutes §§ 489.1401 (purpose; violations of § 489.129(1)(g), (j) or (k)), 489.1402 ("Contractor" means a Division I or Division II contractor; "Licensee" means one licensed under part I; owner-occupied residence), 489.141 (conditions; no claim on Division II contracts before July 1, 2016) and 489.143 ($100,000 per Division I claim and $30,000 per Division II claim for contracts on or after July 1, 2024; automatic license suspension); funding: § 468.631 (a surcharge on permit fees, shared with the Building Code Administrators and Inspectors Board). Chapter 489, leg.state.fl.us, read November 8, 2026.
- Florida Statutes § 489.126, "Moneys received by contractors" - (1) applies "without regard to the licensure of the person"; (2) more than 10 percent as initial payment: permits within 30 days, start within 90 days after permits issue, unless "the person who made the payment agreed, in writing, to a longer period"; certified-mail demand and 30-day inference; (3) 90-day failure to perform while holding excess money; (4) intent and "intended to return the money owed is not a defense"; (5) and (6) misdemeanor and felony grades. History through ch. 2025-40 (reenactment of subsection (1) only). leg.state.fl.us, read November 8, 2026.
- Florida Statutes § 489.119(5)(b) (license number "shall appear in each offer of services, business proposal, bid, contract, or advertisement") and (5)(e) (notice of noncompliance, then fine or citation). leg.state.fl.us. Fla. Admin. Code R. 61G4-12.011(3): "advertise" applies to "business cards, business proposals, contracts," flrules.org. Read November 8, 2026.
- Florida Statutes § 489.521(7)(b), electrical and alarm system contractors' license number in "each offer of services, business proposal, or advertisement," in chapter 489, part II; DBPR, "When and where should I use my electrical contractor license number?" ("Contracts," "Business proposals"), myfloridalicense.custhelp.com. Read November 8, 2026.
- Florida Statutes § 489.105(3) (Division I and Division II contractors), (8) (certified contractor may contract "in any jurisdiction in the state") and (10) ("Registered contractors may contract only in such jurisdictions"); § 489.505 (the same split for electrical contractors). leg.state.fl.us, read November 8, 2026.
- Florida Statutes § 489.128 and, for electrical and alarm contractors, § 489.532, "Contracts entered into by unlicensed contractors unenforceable" - a business organization is unlicensed without "a primary or secondary qualifying agent"; licensure judged on "the effective date of the original contract for the work, if stated therein"; no lien or bond claim. 489.128, 489.532. Qualifier leaving: § 489.119(3)(a). Read November 8, 2026.
- Florida Statutes § 489.129(1), CILB disciplinary grounds: (g)2 abandonment with more paid than completed; (j) project "presumed abandoned after 90 days"; (k) falsely stating insurance is provided; (r) misapplication of construction funds, minimum one-year suspension on conviction; fines up to $10,000 per violation. Electrical and alarm contractors: § 489.533(1)(m) and (p). leg.state.fl.us, read November 8, 2026.
- Fla. Admin. Code R. 61G4-17.001, "Normal Penalty Ranges" (effective January 18, 2026): § 489.1425 first offense $250 to $500; § 489.119(5)(b) first offense $250 to $1,000; § 489.126(2) first offense from $2,500 or probation or suspension, repeat up to $10,000 and revocation. flrules.org, read November 8, 2026.
- Florida Statutes § 713.345, "Moneys received for real property improvements; penalty for misapplication" - felony grades by amount; licensees disciplined under § 489.129(1)(r). leg.state.fl.us, read November 8, 2026.
- Florida Statutes § 489.1295, "Prohibition against nonpayment," created by ch. 2026-3, Laws of Florida (CS/CS/CS/SB 290), effective July 1, 2026 - pay subcontractors and suppliers "within 45 days after receiving payment" or per the contract; a knowing or willful violation is subject to discipline "as provided in s. 489.129." It sits in part I, whose definitions apply "As used in this part," including (20) "Subcontractor" and (21) "Supplier," added by the same act (§ 489.105); the ECLB's disciplinary section, § 489.533, doesn't mention it. 489.1295, 489.105, 489.533 (2026 statutes, read November 9, 2026); DBPR, "Construction Industry – Hot Topics," myfloridalicense.com. Read November 8, 2026.
- Florida Home Solicitation Sale Act, Florida Statutes §§ 501.021 (definition; "in excess of $25"; excludes fairs and sales resulting from "a request for specific goods or services by the purchaser"; business day), 501.022 (permit from the clerk of the circuit court; invited visits excluded), 501.025 (three business days; postmark), 501.031 ("BUYER'S RIGHT TO CANCEL" statement), 501.041 (refund within 10 days), 501.045 ("entitled to no compensation"), 501.046, 501.047 and 501.055 (first-degree misdemeanor). Chapter 501, leg.state.fl.us, read November 8, 2026.
- FTC Cooling-Off Rule, 16 CFR 429.0 (definitions: $25 at the buyer's residence, $130 elsewhere, "including those in response to or following an invitation by the buyer"; emergency and repair exclusions; business day), 429.1 (statement in 10-point bold, language of the sales presentation, Notice of Cancellation in duplicate, oral notice, refund within 10 business days) and 429.2 (state laws). ecfr.gov, issue of November 5, 2026, read November 8, 2026.
- Florida Deceptive and Unfair Trade Practices Act, Florida Statutes §§ 501.203(3) (violations may rest on FTC Act rules or any law against unfair or deceptive practices), 501.204, 501.211(2) (actual damages plus attorney's fees), 501.2105 (prevailing party's fees), 501.2075 (civil penalty up to $10,000) and 501.2077 (up to $15,000 for senior citizens, people with disabilities and military servicemembers). leg.state.fl.us, read November 8, 2026.
- Florida Statutes § 489.147(5) to (7), roofing contract notices, as amended by ch. 2025-40, Laws of Florida (CS/CS/HB 715). leg.state.fl.us; ch. 2025-40. Read November 8, 2026.
- Florida Statutes § 553.79(1)(f) and (g), building permits: no contract required for a permit; exemption for single-family work "valued at less than $7,500," with the written request "with a copy of the contract"; added by ch. 2026-63, Laws of Florida (CS/CS/HB 803), effective July 1, 2026. leg.state.fl.us, read November 8, 2026.
- Florida Office of the Attorney General, "How to Protect Yourself: Contractors" - "Florida law requires a contractor to apply for a permit within 30 days and start work within 90 days if he collects more than 10 percent of the contract up front." myfloridalegal.com, read November 8, 2026.
- Florida Statutes § 713.06(3)(d)1, contractor's final payment affidavit; "The contractor shall have no lien or right of action against the owner ... while in default for not giving the owner the affidavit." leg.state.fl.us, read November 8, 2026.
- Florida Statutes § 515.33, "Information required to be furnished to buyers" - "A licensed pool contractor, on entering into an agreement with a buyer to build a residential swimming pool, or a licensed home builder or developer, on entering into an agreement with a buyer to build a house that includes a residential swimming pool, must give the buyer a document containing the requirements of this chapter and a copy of the publication produced by the department under s. 515.31 that provides information on drowning prevention and the responsibilities of pool ownership." leg.state.fl.us, read November 9, 2026.
- Florida Building Code, Residential, 8th edition (2023), R4501.19, Final inspection - "Final electrical, and barrier code, inspection shall be completed prior to filling the pool with water. Exception: Vinyl liner and fiberglass pools are required to be filled with water upon installation." International Code Council, codes.iccsafe.org, read November 9, 2026.
- Bradenton Herald, "Manatee pool contractor charged after incomplete work, deputies say. What to know" (July 16, 2026) - "homeowners hired Sunscape Pools in 2024, construction stalled by early 2025 and homeowners had to pay subcontractors themselves to clear liens. Payments ranged from about $54,000 to $117,000 per project."; DBPR "closed 32 complaints" against the license, "issuing fines, restitution and requiring him to give up the license"; "At least 26 homeowners have filed claims with Florida's Homeowners' Construction Recovery Fund"; charges of "misapplication of construction funds"; the owner "has pleaded not guilty." bradenton.com, read November 9, 2026.