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FL H1247

Bill

Status

Passed

6/10/2019

Primary Sponsor

Civil Justice Subcommittee

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Origin

House of Representatives

2019 Regular Session

AI Summary

  • Requires notices of nonpayment on construction bonds to be made under oath and establishes that fraudulent notices result in forfeiture of claimant or lienor rights, with service of fraudulent notice constituting a complete defense to bond claims.

  • Defines fraudulent notices as those where the claimant willfully exaggerated amounts unpaid, willfully included claims for work not performed or materials not furnished, or prepared notices with willful and gross negligence, while minor mistakes or good faith disputes do not constitute fraud.

  • Establishes prescribed form requirements for notices of nonpayment to contractors and sureties, including specific information about labor/services/materials furnished, amounts paid to date, and expected future furnishings, all to be notarized.

  • Amends section 627.756 to deem contractors as insureds or beneficiaries in relation to construction contract bonds and applies attorney fee provisions to suits brought by contractors against sureties.

  • Takes effect October 1, 2019, with amendment to section 627.756 applying only to payment or performance bonds issued on or after that date.

Legislative Description

Construction Bonds

Last Action

Chapter No. 2019-94

6/10/2019

Committee Referrals

Judiciary4/25/2019
Commerce Committee3/27/2019
Civil Justice Subcommittee3/21/2019
Business and Professions Subcommittee3/8/2019

Full Bill Text

No bill text available