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FL H1247
Bill
Status
6/10/2019
Primary Sponsor
Civil Justice Subcommittee
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AI Summary
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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.
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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.
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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.
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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.
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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