FL H0877

Contractors receiving more than 10 percent of contract price as initial payment for residential construction must apply for permits within 30 days and start work within 90 days, unless they have just cause or written agreement for extended period.

Establishes rebuttable presumption that contractor lacks just cause if they fail to comply within 30 days of written certified mail demand from the property owner.

Removes "intent to defraud" requirement from offense of receiving money in excess of work performed; contractors must not fail to perform work for any 90-day period without just cause.

Changes proof standard from "prima facie evidence" to "prima facie evidence" for establishing that contractor received excess payment, with presumption of no just cause if contractor fails to perform or refund within 30 days of written demand.

Establishes tiered criminal penalties for violations: misdemeanor of first degree for less than $1,000; third-degree felony for $1,000-$19,999; second-degree felony for $20,000-$49,999; first-degree felony for $50,000 or more.

Effective date: October 1, 2019.