December 11, 2019
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Amendment CaShTmL-041934.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for SB 1600
    Amendment No. ___   Barcode 041934
                            CHAMBER ACTION
              Senate                               House
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 1                  WD/2R          .                    
       04/24/2004 12:05 PM         .                    
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11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 3, between lines 9 and 10,
15  
16  insert:  
17         Section 2.  Section 218.70, Florida Statutes, is
18  amended to read:
19         218.70  Popular name Short title.--This part may be
20  cited as the "Local Government Florida Prompt Payment Act."
21         Section 3.  Subsections (2), (6), and (7) of section
22  218.72, Florida Statutes, are amended, and subsection (10) is
23  added to that section, to read:
24         218.72  Definitions.--As used in this part:
25         (2)  "Local governmental entity" means a county or
26  municipal government, school board, school district,
27  authority, special taxing district, other political
28  subdivision, or any office, board, bureau, commission,
29  department, branch, division, or institution thereof or any
30  project supported by county or municipal funds.
31         (6)  "Vendor" means any person who sells goods or
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    10:14 AM   04/24/04                             s1600c1c-2113r

SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 services, sells or leases personal property, or leases real 2 property directly to a local governmental entity. The term 3 includes any person who provides waste-hauling services to 4 residents or businesses located within the boundaries of a 5 local government pursuant to a contract or local ordinance. 6 (7) "Construction services" means all labor, services, 7 and materials provided in connection with the construction, 8 alteration, repair, demolition, reconstruction, or any other 9 improvements to real property that require a license under 10 parts I and II of chapter 489. 11 (10) "Contractor" or "provider of construction 12 services" means any person who contracts directly with a local 13 governmental entity to provide construction services. 14 Section 4. Subsection (6) of section 218.735, Florida 15 Statutes, is amended, present subsection (7) of that section 16 is redesignated as subsection (9), and new subsections (7) and 17 (8) are added to that section, to read: 18 218.735 Timely payment for purchases of construction 19 services.-- 20 (6) When a contractor receives payment from a local 21 governmental entity for labor, services, or materials 22 furnished by subcontractors and suppliers hired by the 23 contractor, the contractor shall remit payment due to those 24 subcontractors and suppliers within 10 15 days after the 25 contractor's receipt of payment. When a subcontractor receives 26 payment from a contractor for labor, services, or materials 27 furnished by subcontractors and suppliers hired by the 28 subcontractor, the subcontractor shall remit payment due to 29 those subcontractors and suppliers within 7 15 days after the 30 subcontractor's receipt of payment. Nothing herein shall 31 prohibit a contractor or subcontractor from disputing, 2 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 pursuant to the terms of the relevant contract, all or any 2 portion of a payment alleged to be due to another party. In 3 the event of such a dispute, the contractor or subcontractor 4 may withhold the disputed portion of any such payment if the 5 contractor or subcontractor notifies the party whose payment 6 is disputed, in writing, of the amount in dispute and the 7 actions required to cure the dispute. The contractor or 8 subcontractor must pay all undisputed amounts due within the 9 time limits imposed by this section. 10 (7)(a) Each contract for construction services between 11 a local governmental entity and a contractor must provide for 12 the development of a list of items required to render 13 complete, satisfactory, and acceptable the construction 14 services purchased by the local governmental entity. The 15 contract must specify the process for the development of the 16 list, including responsibilities of the local governmental 17 entity and the contractor in developing and reviewing the list 18 and a reasonable time for developing the list, as follows: 19 1. For construction projects with an estimated cost of 20 less than $10 million, within 30 calendar days after reaching 21 substantial completion of the construction services purchased 22 as defined in the contract, or, if not defined in the 23 contract, upon reaching beneficial occupancy or use; or 24 2. For construction projects with an estimated cost of 25 $10 million or more, within 30 calendar days, unless otherwise 26 extended by contract not to exceed 60 calendar days, after 27 reaching substantial completion of the construction services 28 purchased as defined in the contract, or, if not defined in 29 the contract, upon reaching beneficial occupancy or use. 30 (b) If the contract between the local governmental 31 entity and the contractor relates to the purchase of 3 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 construction services on more than one building or structure, 2 or involves a multiphased project, the contract shall provide 3 for the development of a list of items required to render 4 complete, satisfactory, and acceptable all the construction 5 services purchased pursuant to the contract for each building, 6 structure, or phase of the project within the time limitations 7 provided in paragraph (a). 8 (c) The failure to include any corrective work or 9 pending items not yet completed on the list developed pursuant 10 to this subsection does not alter the responsibility of the 11 contractor to complete all the construction services purchased 12 pursuant to the contract. 13 (d) Upon completion of all items on the list, the 14 contractor may submit a payment request for all remaining 15 retainage withheld by the local governmental entity pursuant 16 to this section. If a good-faith dispute exists as to whether 17 one or more items identified on the list have been completed 18 pursuant to the contract, the local governmental entity may 19 continue to withhold an amount not to exceed 150 percent of 20 the total costs to complete such items. 21 (e) All items that require correction under the 22 contract and that are identified after the preparation and 23 delivery of the list remain the obligation of the contractor 24 as defined by the contract. 25 (f) Warranty items may not affect the final payment of 26 retainage as provided in this section or as provided in the 27 contract between the contractor and its subcontractors and 28 suppliers. 29 (g) Retainage may not be held by a local governmental 30 entity or a contractor to secure payment of insurance premiums 31 under a consolidated insurance program or series of insurance 4 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 policies issued to a local governmental entity or a contractor 2 for a project or group of projects, and the final payment of 3 retainage as provided in this section may not be delayed 4 pending a final audit by the local governmental entity's or 5 contractor's insurance provider. 6 (h) If a local governmental entity fails to comply 7 with its responsibilities to develop the list required under 8 paragraph (a) or paragraph (b), as defined in the contract, 9 within the time limitations provided in paragraph (a), the 10 contractor may submit a payment request for all remaining 11 retainage withheld by the local governmental entity pursuant 12 to this section. The local governmental entity need not pay or 13 process any payment request for retainage if the contractor 14 has, in whole or in part, failed to cooperate with the local 15 governmental entity in the development of the list or failed 16 to perform its contractual responsibilities, if any, with 17 regard to the development of the list or if paragraph (8)(f) 18 applies. 19 (8)(a) With regard to any contract for construction 20 services, a local governmental entity may withhold from each 21 progress payment made to the contractor an amount not 22 exceeding 10 percent of the payment as retainage to ensure the 23 satisfactory completion of the construction services purchased 24 pursuant to the contract until 50-percent completion of such 25 services. 26 (b) After 50-percent completion of the construction 27 services purchased pursuant to the contract, the local 28 governmental entity must reduce to 5 percent the amount of 29 retainage withheld from each subsequent progress payment made 30 to the contractor. For purposes of this subsection, the term 31 "50-percent completion" has the meaning set forth in the 5 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 contract between the local governmental entity and the 2 contractor, or, if not defined in the contract, the point at 3 which the local governmental entity has expended 50 percent of 4 the total cost of the construction services purchased as 5 identified in the contract together with all costs associated 6 with existing change orders and other additions or 7 modifications to the construction services provided for in the 8 contract. However, notwithstanding this subsection, a 9 municipality with a population of 25,000 or fewer, or a county 10 with a population of 100,000 or fewer, may withhold retainage 11 in an amount not exceeding 10 percent of each progress payment 12 made to the contractor until final completion and acceptance 13 of the project by the local governmental entity. 14 (c) After 50-percent completion of the construction 15 services purchased pursuant to the contract, the contractor 16 may elect to withhold retainage from payments to its 17 subcontractors at a rate higher than 5 percent. The specific 18 amount to be withheld must be determined on a case-by-case 19 basis and must be based on the contractor's assessment of the 20 subcontractor's past performance, the likelihood that such 21 performance will continue, and the contractor's ability to 22 rely on other safeguards. The contractor shall notify the 23 subcontractor, in writing, of its determination to withhold 24 more than 5 percent of the progress payment and the reasons 25 for making that determination, and the contractor may not 26 request the release of such retained funds from the local 27 governmental entity. 28 (d) After 50-percent completion of the construction 29 services purchased pursuant to the contract, the contractor 30 may present to the local governmental entity a payment request 31 for up to one-half of the retainage held by the local 6 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 governmental entity. The local governmental entity shall 2 promptly make payment to the contractor, unless the local 3 governmental entity has grounds, pursuant to paragraph (f), 4 for withholding the payment of retainage. If the local 5 governmental entity makes payment of retainage to the 6 contractor under this paragraph which is attributable to the 7 labor, services, or materials supplied by one or more 8 subcontractors or suppliers, the contractor shall timely remit 9 payment of such retainage to those subcontractors and 10 suppliers. 11 (e) This section does not prohibit a local 12 governmental entity from withholding retainage at a rate less 13 than 10 percent of each progress payment, from incrementally 14 reducing the rate of retainage pursuant to a schedule provided 15 for in the contract, or from releasing at any point all or a 16 portion of any retainage withheld by the local governmental 17 entity which is attributable to the labor, services, or 18 materials supplied by the contractor or by one or more 19 subcontractors or suppliers. If a local governmental entity 20 makes any payment of retainage to the contractor which is 21 attributable to the labor, services, or materials supplied by 22 one or more subcontractors or suppliers, the contractor shall 23 timely remit payment of such retainage to those subcontractors 24 and suppliers. 25 (f) This section does not require the local 26 governmental entity to pay or release any amounts that are the 27 subject of a good-faith dispute, the subject of an action 28 brought pursuant to s. 255.05, or otherwise the subject of a 29 claim or demand by the local governmental entity or 30 contractor. 31 (g) The time limitations set forth in this section for 7 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 payment of payment requests apply to any payment request for 2 retainage made pursuant to this section. 3 (h) Paragraphs (a)-(d) do not apply to construction 4 services purchased by a local governmental entity which are 5 paid for, in whole or in part, with federal funds and are 6 subject to federal grantor laws and regulations or 7 requirements that are contrary to any provision of the Local 8 Government Prompt Payment Act. 9 (i) This subsection does not apply to any construction 10 services purchased by a local governmental entity if the total 11 cost of the construction services purchased as identified in 12 the contract is $200,000 or less. 13 Section 5. Section 255.0705, Florida Statutes, is 14 created to read: 15 255.0705 Popular name.--Sections 255.0705-255.078 may 16 be cited as the "Florida Prompt Payment Act." 17 Section 6. Subsections (2) and (3) of section 255.071, 18 Florida Statutes, are amended to read: 19 255.071 Payment of subcontractors, sub-subcontractors, 20 materialmen, and suppliers on construction contracts for 21 public projects.-- 22 (2) The failure to pay any undisputed obligations for 23 such labor, services, or materials within 30 days after the 24 date the labor, services, or materials were furnished and 25 payment for such labor, services, or materials became due, or 26 within the time limitations set forth in s. 255.073(3) 30 days 27 after the date payment for such labor, services, or materials 28 is received, whichever last occurs, shall entitle any person 29 providing such labor, services, or materials to the procedures 30 specified in subsection (3) and the remedies provided in 31 subsection (4). 8 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 (3) Any person providing labor, services, or materials 2 for the construction of a public building, for the prosecution 3 and completion of a public work, or for repairs upon a public 4 building or public work improvements to real property may file 5 a verified complaint alleging: 6 (a) The existence of a contract for providing such 7 labor, services, or materials to improve real property. 8 (b) A description of the labor, services, or materials 9 provided and alleging that the labor, services, or materials 10 were provided in accordance with the contract. 11 (c) The amount of the contract price. 12 (d) The amount, if any, paid pursuant to the contract. 13 (e) The amount that remains unpaid pursuant to the 14 contract and the amount thereof that is undisputed. 15 (f) That the undisputed amount has remained due and 16 payable pursuant to the contract for more than 30 days after 17 the date the labor or services were accepted or the materials 18 were received. 19 (g) That the person against whom the complaint was 20 filed has received payment on account of the labor, services, 21 or materials described in the complaint and, as of the date 22 the complaint was filed, has failed to make payment within the 23 time limitations set forth in s. 255.073(3) more than 30 days 24 prior to the date the complaint was filed. 25 Section 7. Section 255.072, Florida Statutes, is 26 created to read: 27 255.072 Definitions.--As used in ss. 255.073-255.078, 28 the term: 29 (1) "Agent" means project architect, project engineer, 30 or any other agency or person acting on behalf of a public 31 entity. 9 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 (2) "Construction services" means all labor, services, 2 and materials provided in connection with the construction, 3 alteration, repair, demolition, reconstruction, or any other 4 improvements to real property. The term "construction 5 services" does not include contracts or work performed for the 6 Department of Transportation. 7 (3) "Contractor" means any person who contracts 8 directly with a public entity to provide construction 9 services. 10 (4) "Payment request" means a request for payment for 11 construction services which conforms with all statutory 12 requirements and with all requirements specified by the public 13 entity to which the payment request is submitted. 14 (5) "Public entity" means the state, or any office, 15 board, bureau, commission, department, branch, division, or 16 institution thereof, but does not include a local governmental 17 entity as defined in s. 218.72. 18 (6) "Purchase" means the purchase of construction 19 services. 20 Section 8. Section 255.073, Florida Statutes, is 21 created to read: 22 255.073 Timely payment for purchases of construction 23 services.-- 24 (1) Except as otherwise provided in ss. 25 255.072-255.078, s. 215.422 governs the timely payment for 26 construction services by a public entity. 27 (2) If a public entity disputes a portion of a payment 28 request, the undisputed portion must be timely paid. 29 (3) When a contractor receives payment from a public 30 entity for labor, services, or materials furnished by 31 subcontractors and suppliers hired by the contractor, the 10 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 contractor shall remit payment due to those subcontractors and 2 suppliers within 10 days after the contractor's receipt of 3 payment. When a subcontractor receives payment from a 4 contractor for labor, services, or materials furnished by 5 subcontractors and suppliers hired by the subcontractor, the 6 subcontractor shall remit payment due to those subcontractors 7 and suppliers within 7 days after the subcontractor's receipt 8 of payment. This subsection does not prohibit a contractor or 9 subcontractor from disputing, pursuant to the terms of the 10 relevant contract, all or any portion of a payment alleged to 11 be due to another party if the contractor or subcontractor 12 notifies the party whose payment is disputed, in writing, of 13 the amount in dispute and the actions required to cure the 14 dispute. The contractor or subcontractor must pay all 15 undisputed amounts due within the time limits imposed by this 16 subsection. 17 (4) All payments due for the purchase of construction 18 services and not made within the applicable time limits shall 19 bear interest at the rate specified in s. 215.422. After July 20 1, 2005, such payments shall bear interest at the rate of 1 21 percent per month, to the extent that the Chief Financial 22 Officer's replacement project for the state's accounting and 23 cash management systems (Project ASPIRE) is operational for 24 the particular affected public entities. After January 1, 25 2006, all such payments due from public entities shall bear 26 interest at the rate of 1 percent per month. 27 Section 9. Section 255.074, Florida Statutes, is 28 created to read: 29 255.074 Procedures for calculation of payment due 30 dates.-- 31 (1) Each public entity shall establish procedures 11 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 whereby each payment request received by the public entity is 2 marked as received on the date on which it is delivered to an 3 agent or employee of the public entity or of a facility or 4 office of the public entity. 5 (2) If the terms under which a purchase is made allow 6 for partial deliveries and a payment request is submitted for 7 a partial delivery, the time for payment for the partial 8 delivery must be calculated from the time of the partial 9 delivery and the submission of the payment request. 10 (3) A public entity must submit a payment request to 11 the Chief Financial Officer for payment no more than 20 days 12 after receipt of the payment request. 13 Section 10. Section 255.075, Florida Statutes, is 14 created to read: 15 255.075 Mandatory interest.--A contract between a 16 public entity and a contractor may not prohibit the collection 17 of late payment interest charges authorized under s. 18 255.073(4). 19 Section 11. Section 255.076, Florida Statutes, is 20 created to read: 21 255.076 Improper payment request; resolution of 22 disputes.-- In an action to recover amounts due for 23 construction services purchased by a public entity, the court 24 shall award court costs and reasonable attorney's fees, 25 including fees incurred through any appeal, to the prevailing 26 party, if the court finds that the nonprevailing party 27 withheld any portion of the payment that is the subject of the 28 action without any reasonable basis in law or fact to dispute 29 the prevailing party's claim to those amounts. 30 Section 12. Section 255.077, Florida Statutes, is 31 created to read: 12 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 255.077 Project closeout and payment of retainage.-- 2 (1) Each contract for construction services between a 3 public entity and a contractor must provide for the 4 development of a list of items required to render complete, 5 satisfactory, and acceptable the construction services 6 purchased by the public entity. The contract must specify the 7 process for the development of the list, including 8 responsibilities of the public entity and the contractor in 9 developing and reviewing the list and a reasonable time for 10 developing the list, as follows: 11 1. For construction projects with an estimated cost of 12 less than $10 million, within 30 calendar days after reaching 13 substantial completion of the construction services purchased 14 as defined in the contract, or, if not defined in the 15 contract, upon reaching beneficial occupancy or use; or 16 2. For construction projects with an estimated cost of 17 $10 million or more, within 30 calendar days, unless otherwise 18 extended by contract not to exceed 60 calendar days, after 19 reaching substantial completion of the construction services 20 purchased as defined in the contract, or, if not defined in 21 the contract, upon reaching beneficial occupancy or use. 22 (2) If the contract between the public entity and the 23 contractor relates to the purchase of construction services on 24 more than one building or structure, or involves a multiphased 25 project, the contract shall provide for the development of a 26 list of items required to render complete, satisfactory, and 27 acceptable all the construction services purchased pursuant to 28 the contract for each building, structure, or phase of the 29 project within the time limitations provided in subsection 30 (1). 31 (3) The failure to include any corrective work or 13 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 pending items not yet completed on the list developed pursuant 2 to subsection (1) or subsection (2) does not alter the 3 responsibility of the contractor to complete all the 4 construction services purchased pursuant to the contract. 5 (4) Upon completion of all items on the list, the 6 contractor may submit a payment request for all remaining 7 retainage withheld by the public entity pursuant to s. 8 255.078. If a good-faith dispute exists as to whether one or 9 more items identified on the list have been completed pursuant 10 to the contract, the public entity may continue to withhold an 11 amount not to exceed 150 percent of the total costs to 12 complete such items. 13 (5) All items that require correction under the 14 contract and that are identified after the preparation and 15 delivery of the list remain the obligation of the contractor 16 as defined by the contract. 17 (6) Warranty items may not affect the final payment of 18 retainage as provided in this section or as provided in the 19 contract between the contractor and its subcontractors and 20 suppliers. 21 (7) Retainage may not be held by a public entity or a 22 contractor to secure payment of insurance premiums under a 23 consolidated insurance program or series of insurance policies 24 issued to a public entity or a contractor for a project or 25 group of projects, and the final payment of retainage as 26 provided in this section may not be delayed pending a final 27 audit by the public entity's or contractor's insurance 28 provider. 29 (8) If a public entity fails to comply with its 30 responsibilities to develop the list required under subsection 31 (1) or subsection (2), as defined in the contract, within the 14 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 time limitations provided in subsection (1), the contractor 2 may submit a payment request for all remaining retainage 3 withheld by the public entity pursuant to s. 255.078. The 4 public entity need not pay or process any payment request for 5 retainage if the contractor has, in whole or in part, failed 6 to cooperate with the public entity in the development of the 7 list or failed to perform its contractual responsibilities, if 8 any, with regard to the development of the list or if s. 9 255.078(6) applies. 10 Section 13. Section 255.078, Florida Statutes, is 11 created to read: 12 255.078 Public construction retainage.-- 13 (1) With regard to any contract for construction 14 services, a public entity may withhold from each progress 15 payment made to the contractor an amount not exceeding 10 16 percent of the payment as retainage to ensure the satisfactory 17 completion of the construction services purchased pursuant to 18 the contract until 50-percent completion of such services. 19 (2) After 50-percent completion of the construction 20 services purchased pursuant to the contract, the public entity 21 must reduce to 5 percent the amount of retainage withheld from 22 each subsequent progress payment made to the contractor. For 23 purposes of this section, the term "50-percent completion" has 24 the meaning set forth in the contract between the public 25 entity and the contractor, or, if not defined in the contract, 26 the point at which the public entity has expended 50 percent 27 of the total cost of the construction services purchased as 28 identified in the contract together with all costs associated 29 with existing change orders and other additions or 30 modifications to the construction services provided for in the 31 contract. 15 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 (3) After 50-percent completion of the construction 2 services purchased pursuant to the contract, the contractor 3 may elect to withhold retainage from payments to its 4 subcontractors at a rate higher than 5 percent. The specific 5 amount to be withheld must be determined on a case-by-case 6 basis and must be based on the contractor's assessment of the 7 subcontractor's past performance, the likelihood that such 8 performance will continue, and the contractor's ability to 9 rely on other safeguards. The contractor shall notify the 10 subcontractor, in writing, of its determination to withhold 11 more than 5 percent of the progress payment and the reasons 12 for making that determination, and the contractor may not 13 request the release of such retained funds from the public 14 entity. 15 (4) After 50-percent completion of the construction 16 services purchased pursuant to the contract, the contractor 17 may present to the public entity a payment request for up to 18 one-half of the retainage held by the public entity. The 19 public entity shall promptly make payment to the contractor, 20 unless the public entity has grounds, pursuant to subsection 21 (6), for withholding the payment of retainage. If the public 22 entity makes payment of retainage to the contractor under this 23 subsection which is attributable to the labor, services, or 24 materials supplied by one or more subcontractors or suppliers, 25 the contractor shall timely remit payment of such retainage to 26 those subcontractors and suppliers. 27 (5) Neither this section nor s. 255.077 prohibits a 28 public entity from withholding retainage at a rate less than 29 10 percent of each progress payment, from incrementally 30 reducing the rate of retainage pursuant to a schedule provided 31 for in the contract, or from releasing at any point all or a 16 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 portion of any retainage withheld by the public entity which 2 is attributable to the labor, services, or materials supplied 3 by the contractor or by one or more subcontractors or 4 suppliers. If a public entity makes any payment of retainage 5 to the contractor which is attributable to the labor, 6 services, or materials supplied by one or more subcontractors 7 or suppliers, the contractor shall timely remit payment of 8 such retainage to those subcontractors and suppliers. 9 (6) Neither this section nor s. 255.077 requires the 10 public entity to pay or release any amounts that are the 11 subject of a good-faith dispute, the subject of an action 12 brought pursuant to s. 255.05, or otherwise the subject of a 13 claim or demand by the public entity or contractor. 14 (7) The same time limits for payment of a payment 15 request apply regardless of whether the payment request is 16 for, or includes, retainage. 17 (8) Subsections (1)-(4) do not apply to construction 18 services purchased by a public entity which are paid for, in 19 whole or in part, with federal funds and are subject to 20 federal grantor laws and regulations or requirements that are 21 contrary to any provision of the Florida Prompt Payment Act. 22 (9) This section does not apply to any construction 23 services purchased by a public entity if the total cost of the 24 construction services purchased as identified in the contract 25 is $200,000 or less. 26 Section 14. Paragraph (b) of subsection (2) of section 27 95.11, Florida Statutes, is amended to read: 28 95.11 Limitations other than for the recovery of real 29 property.--Actions other than for recovery of real property 30 shall be commenced as follows: 31 (2) WITHIN FIVE YEARS.-- 17 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 (b) A legal or equitable action on a contract, 2 obligation, or liability founded on a written instrument, 3 except for an action to enforce a claim against a payment 4 bond, which shall be governed by the applicable provisions of 5 ss. 255.05(9) 255.05(2)(a)2. and 713.23(1)(e). 6 Section 15. Neither the amendments to sections 95.11, 7 218.70, 218.72, 218.735, and 255.071, Florida Statutes, and 8 subsection (2) of section 255.05, Florida Statutes, as 9 provided in this act, nor subsection (9) of section 255.05, 10 Florida Statutes, and section 255.078, Florida Statutes, as 11 created by this act, applies to any existing construction 12 contract pending approval by a local governmental entity or 13 public entity, or to any project advertised for bid by the 14 local government entity or public entity, on or before the 15 effective date of this act. The amendments to subsections (3), 16 (4), and (6) of section 255.05, Florida Statutes, as provided 17 in this act, apply to public construction bonds issued for 18 contracts entered into on or after the effective date of this 19 act. 20 21 (Redesignate subsequent sections.) 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 On page 1, line 9, after the semicolon, 27 28 insert: 29 amending s. 218.70, F.S.; providing a short 30 title; amending s. 218.72, F.S.; redefining 31 terms used in part VII of ch. 218, F.S.; 18 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 amending s. 218.735, F.S.; revising provisions 2 relating to timely payment for purchases of 3 construction services; revising deadlines for 4 payment; providing procedures for project 5 closeout and payment of retainage; providing 6 requirements for local government construction 7 retainage; providing that ss. 218.72-218.76, 8 F.S., apply to the payment of any payment 9 request for retainage; providing exceptions; 10 creating s. 255.0705, F.S.; providing a short 11 title; amending s. 255.071, F.S.; revising 12 deadlines for the payment of subcontractors, 13 sub-subcontractors, materialmen, and suppliers 14 on construction contracts for public projects; 15 creating ss. 255.072, 255.073, 255.074, 16 255.075, 255.076, 255.077, and 255.078, F.S.; 17 providing definitions; providing for timely 18 payment for purchases of construction services 19 by a public entity; providing procedures for 20 calculating payment due dates; providing 21 procedures for handling improper payment 22 requests; providing for the resolution of 23 disputes; providing for project closeout and 24 payment of retainage; providing that ss. 25 255.072-255.076, F.S., apply to the payment of 26 any payment request for retainage; providing 27 exceptions; amending s. 255.05, F.S.; providing 28 requirements for certain notices of nonpayment 29 served by a claimant who is not in privity with 30 the contractor; revising the form for a public 31 construction bond; requiring the payment 19 10:14 AM 04/24/04 s1600c1c-2113r
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 041934 1 provisions of all public construction bonds to 2 be construed as statutory bonds; prohibiting 3 conversion to common law bonds; deleting a 4 requirement that bond forms used by public 5 owners reference certain notice and time 6 limitation provisions; providing limitations on 7 a claimant's institution of certain actions 8 against a contractor or surety; amending s. 9 95.11, F.S., to conform a cross-reference; 10 providing for application of specified sections 11 of the act to certain contracts and projects; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 20 10:14 AM 04/24/04 s1600c1c-2113r
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