September 26, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Amendment
Bill No. 0544
Amendment No. 734869
CHAMBER ACTION
Senate House
.
.
.






1Representative Reagan offered the following:
2
3     Amendment (with title amendment)
4     On page 19, line 3, through page 31, line 25,
5remove:  all of said lines
6
7and insert:  
8     Section 13.  Subsections (2) and (4) of section 255.05,
9Florida Statutes, are amended, and subsection (10) is added to
10said section, to read:
11     (2)(a)1.  If a claimant is no longer furnishing labor,
12services, or materials on a project, a contractor or the
13contractor's agent or attorney may elect to shorten the
14prescribed time in this paragraph within which an action to
15enforce any claim against a payment bond provided pursuant to
16this section may be commenced by recording in the clerk's office
17a notice in substantially the following form:
18
19
NOTICE OF CONTEST OF CLAIM
20AGAINST PAYMENT BOND
21
22To:  . . . (Name and address of claimant) . . .  
23
24     You are notified that the undersigned contests your notice
25of nonpayment, dated ____________, ________, and served on the
26undersigned on ____________, ________, and that the time within
27which you may file suit to enforce your claim is limited to 60
28days after the date of service of this notice.
29
30     DATED on ____________, ________.
31
32Signed: . . . (Contractor or Attorney) . . .  
33
34The claim of any claimant upon whom such notice is served and
35who fails to institute a suit to enforce his or her claim
36against the payment bond within 60 days after service of such
37notice shall be extinguished automatically. The clerk shall mail
38a copy of the notice of contest to the claimant at the address
39shown in the notice of nonpayment or most recent amendment
40thereto and shall certify to such service on the face of such
41notice and record the notice. Service is complete upon mailing.
42     2.  A claimant, except a laborer, who is not in privity
43with the contractor shall, before commencing or not later than
4445 days after commencing to furnish labor, materials, or
45supplies for the prosecution of the work, furnish the contractor
46with a notice that he or she intends to look to the bond for
47protection. A claimant who is not in privity with the contractor
48and who has not received payment for his or her labor,
49materials, or supplies shall deliver to the contractor and to
50the surety written notice of the performance of the labor or
51delivery of the materials or supplies and of the nonpayment. The
52notice of nonpayment may be served at any time during the
53progress of the work or thereafter but not before 45 days after
54the first furnishing of labor, services, or materials, and not
55later than 90 days after the final furnishing of the labor,
56services, or materials by the claimant or, with respect to
57rental equipment, not later than 90 days after the date that the
58rental equipment was last on the job site available for use. Any
59notice of nonpayment served by a claimant who is not in privity
60with the contractor which includes sums for retainage must
61specify the portion of the amount claimed for retainage. No
62action for the labor, materials, or supplies may be instituted
63against the contractor or the surety unless both notices have
64been given. Notices required or permitted under this section may
65be served in accordance with s. 713.18. An action, except for an
66action exclusively for recovery of retainage, must be instituted
67against the contractor or the surety on the payment bond or the
68payment provisions of a combined payment and performance bond
69within 1 year after the performance of the labor or completion
70of delivery of the materials or supplies. An action exclusively
71for recovery of retainage must be instituted against the
72contractor or the surety within 1 year after the performance of
73the labor or completion of delivery of the materials or
74supplies, or within 90 days after receipt of final payment (or
75the payment estimate containing the owner's final reconciliation
76of quantities if no further payment is earned and due as a
77result of deductive adjustments) by the contractor or surety,
78whichever comes last. A claimant may not waive in advance his or
79her right to bring an action under the bond against the surety.
80In any action brought to enforce a claim against a payment bond
81under this section, the prevailing party is entitled to recover
82a reasonable fee for the services of his or her attorney for
83trial and appeal or for arbitration, in an amount to be
84determined by the court, which fee must be taxed as part of the
85prevailing party's costs, as allowed in equitable actions. The
86time periods for service of a notice of nonpayment or for
87bringing an action against a contractor or a surety shall be
88measured from the last day of furnishing labor, services, or
89materials by the claimant and shall not be measured by other
90standards, such as the issuance of a certificate of occupancy or
91the issuance of a certificate of substantial completion.
92     (b)  When a person is required to execute a waiver of his
93or her right to make a claim against the payment bond in
94exchange for, or to induce payment of, a progress payment, the
95waiver may be in substantially the following form:
96
97
WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (PROGRESS
98
PAYMENT)
99
100     The undersigned, in consideration of the sum of $____,
101hereby waives its right to claim against the payment bond for
102labor, services, or materials furnished through  . . . (insert
103date) . . .  to  . . . (insert the name of your customer) . . .  
104on the job of  . . . (insert the name of the owner) . . . , for
105improvements to the following described project:
106
107
(description of project)
108
109This waiver does not cover any retention or any labor, services,
110or materials furnished after the date specified.
111
112      DATED ON ________, ____.
113 . . . (Claimant) . . .
114By:____________
115
116     (c)  When a person is required to execute a waiver of his
117or her right to make a claim against the payment bond, in
118exchange for, or to induce payment of, the final payment, the
119waiver may be in substantially the following form:
120
121
WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL
122
PAYMENT)
123
124     The undersigned, in consideration of the final payment in
125the amount of $____, hereby waives its right to claim against
126the payment bond for labor, services, or materials furnished to  
127. . . (insert the name of your customer) . . .  on the job of  .
128. . (insert the name of the owner) . . . , for improvements to
129the following described project:
130
131
(description of project)
132
133     DATED ON ________, ____.
134 . . . (Claimant) . . .
135By:____________
136
137     (d)  A person may not require a claimant to furnish a
138waiver that is different from the forms in paragraphs (b) and
139(c).
140     (e)  A claimant who executes a waiver in exchange for a
141check may condition the waiver on payment of the check.
142     (f)  A waiver that is not substantially similar to the
143forms in this subsection is enforceable in accordance with its
144terms.
145     (4)  The payment provisions of all bonds furnished for
146public work contracts described in subsection (1) shall,
147regardless of form, be construed and deemed statutory bond
148provisions, subject to all requirements of subsections
149subsection (2) and (10).
150     (10)  An action, except for an action for recovery of
151retainage, must be instituted against the contractor or the
152surety on the payment bond or the payment provisions of a
153combined payment and performance bond within 1 year after the
154performance of the labor or completion of delivery of the
155materials or supplies. An action for recovery of retainage must
156be instituted against the contractor or the surety within 1 year
157after the performance of the labor or completion of delivery of
158the materials or supplies, provided that such an action may not
159be instituted until one of the following conditions is
160satisfied:
161     (a)  The public entity has paid out the claimant's
162retainage to the contractor, and the time provided under s.
163255.073(3) for payment of that retainage to the claimant has
164expired;
165     (b)  The claimant has completed all work required under its
166contract and 70 days have passed since the contractor sent its
167final payment request to the public entity; or
168     (c)  The claimant has asked the contractor, in writing,
169when the contractor received payment of the claimant's retainage
170or when the contractor sent its final payment request to the
171public entity, and the contractor has failed to respond to this
172request, in writing, within 10 days after receipt.
173
174If none of the conditions described in paragraph (a), paragraph
175(b), or paragraph (c) is satisfied and an action for recovery of
176retainage therefore cannot be instituted within the 1-year
177limitation period set forth in this subsection, this limitation
178period shall be extended until 120 days after one of these
179conditions is satisfied.
180     Section 14.  Paragraph (b) of subsection (2) of section
18195.11, Florida Statutes, is amended to read:
182     95.11  Limitations other than for the recovery of real
183property.--Actions other than for recovery of real property
184shall be commenced as follows:
185     (2)  WITHIN FIVE YEARS.--
186     (b)  A legal or equitable action on a contract, obligation,
187or liability founded on a written instrument, except for an
188action to enforce a claim against a payment bond, which shall be
189governed by the applicable provisions of ss. 255.05(10)
190255.05(2)(a)2. and 713.23(1)(e).
191     Section 15.  Neither the amendments to sections 95.11,
192218.70, 218.72, 218.735, and 255.071, Florida Statutes, and
193subsection (2) of section 255.05, Florida Statutes, as provided
194in this act, nor subsection (10) of section 255.05, Florida
195Statutes, and section 255.078, Florida Statutes, as created by
196this act, applies to any existing construction contract pending
197approval by a local governmental entity or public entity, or to
198any project advertised for bid by the local government entity or
199public entity, on or before the effective date of this act.
200================= T I T L E  A M E N D M E N T =================
201     On page 2, lines 5-12,
202remove:  all of said lines
203
204and insert:  contractor; providing limitations on


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader