Senate Bill sb1724c1

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    Florida Senate - 2003                           CS for SB 1724

    By the Committee on Comprehensive Planning; and Senator
    Bennett




    316-2360-03

  1                      A bill to be entitled

  2         An act relating to prompt payment for

  3         construction services; amending s. 218.70,

  4         F.S.; providing a short title; amending s.

  5         218.72, F.S.; redefining terms used in part VII

  6         of ch. 218, F.S.; amending s. 218.735, F.S.;

  7         revising provisions relating to timely payment

  8         for purchases of construction services;

  9         revising deadlines for payment; providing

10         procedures for project closeout and payment of

11         retainage; providing requirements for local

12         government construction retainage; providing

13         that ss. 218.72-218.76, F.S., apply to the

14         payment of any payment request for retainage;

15         creating s. 255.0705, F.S.; providing a short

16         title; amending s. 255.071, F.S.; revising

17         deadlines for the payment of subcontractors,

18         sub-subcontractors, materialmen, and suppliers

19         on construction contracts for public projects;

20         creating ss. 255.072, 255.073, 255.074,

21         255.075, 255.076, 255.077, 255.078, F.S.;

22         providing definitions; providing for timely

23         payment for purchases of construction services

24         by a public entity; providing procedures for

25         calculating payment due dates; providing

26         procedures for handling improper payment

27         requests; providing for the resolution of

28         disputes; providing for project closeout and

29         payment of retainage; providing for

30         public-construction retainage; providing that

31         ss. 255.072-255.076, F.S., apply to the payment

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 1         of any payment request for retainage; amending

 2         s. 255.05, F.S.; providing requirements for

 3         certain notices of nonpayment served by a

 4         claimant who is not in privity with the

 5         contractor; providing limitations on a

 6         claimant's institution of certain actions

 7         against a contractor or surety; providing for

 8         certain notices to the claimant; providing for

 9         the tolling of a statute of limitations for

10         bringing suit against a contractor or surety;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 218.70, Florida Statutes, is

16  amended to read:

17         218.70  Popular name Short title.--This part may be

18  cited as the "Local Government Florida Prompt Payment Act."

19         Section 2.  Subsections (2), (6), and (7) of section

20  218.72, Florida Statutes, are amended to read:

21         218.72  Definitions.--As used in this part:

22         (2)  "Local governmental entity" means a county or

23  municipal government, school board, school district,

24  authority, special taxing district, other political

25  subdivision, community college, or any office, board, bureau,

26  commission, department, branch, division, or institution

27  thereof or any project supported by county or municipal funds.

28         (6)  "Vendor" means any person who sells goods or

29  services, sells or leases personal property, or leases real

30  property directly to a local government entity.

31  

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    Florida Senate - 2003                           CS for SB 1724
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 1         (7)  "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 that require a license under

 5  parts I and II of chapter 489.

 6         Section 3.  Subsection (6) of section 218.735, Florida

 7  Statutes, is amended, present subsection (7) of that section

 8  is redesignated as subsection (9), and new subsections (7) and

 9  (8) are added to that section, to read:

10         218.735  Timely payment for purchases of construction

11  services.--

12         (6)  When a contractor receives payment from a local

13  governmental entity for labor, services, or materials

14  furnished by subcontractors and suppliers hired by the

15  contractor, the contractor shall remit payment due to those

16  subcontractors and suppliers within 10 15 days after the

17  contractor's receipt of payment. When a subcontractor receives

18  payment from a contractor for labor, services, or materials

19  furnished by subcontractors and suppliers hired by the

20  subcontractor, the subcontractor shall remit payment due to

21  those subcontractors and suppliers within 10 15 days after the

22  subcontractor's receipt of payment. Nothing herein shall

23  prohibit a contractor or subcontractor from disputing,

24  pursuant to the terms of the relevant contract, all or any

25  portion of a payment alleged to be due to another party. In

26  the event of such a dispute, the contractor or subcontractor

27  may withhold the disputed portion of any such payment if the

28  contractor or subcontractor notifies the party whose payment

29  is disputed, in writing, of the amount in dispute and the

30  actions required to cure the dispute. The contractor or

31  

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    Florida Senate - 2003                           CS for SB 1724
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 1  subcontractor must pay all undisputed amounts due within the

 2  time limits imposed by this section.

 3         (7)(a)  A local governmental entity must present to the

 4  vendor a final punch list of all items required to render

 5  complete, satisfactory, and acceptable the construction

 6  services purchased, within 30 days after the earliest of the

 7  following:

 8         1.  Issuance of a temporary or final certificate of

 9  occupancy, if applicable;

10         2.  Substantial completion of the construction services

11  purchased, as defined in the contract; or

12         3.  Beneficial occupancy or use of the structure,

13  building, facility, or improvement that is the subject of the

14  construction services purchased, as defined in the contract.

15         (b)  If the purchase relates to construction services

16  on more than one building or structure, the local governmental

17  entity shall prepare a final punch list for each building or

18  structure.  The local governmental entity must present to the

19  vendor a final punch list with regard to each building or

20  structure within 30 days after the earliest of the following:

21         1.  Issuance of a temporary or final certificate of

22  occupancy on the particular building or structure, if

23  applicable;

24         2.  Substantial completion of the particular building

25  or structure, as defined in the contract; or

26         3.  Beneficial occupancy or use of the particular

27  structure, building, facility, or improvement, as defined in

28  the contract.

29  

30  Unless the contract provides otherwise, the local governmental

31  entity shall pay out retainage to the vendor based upon the

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    Florida Senate - 2003                           CS for SB 1724
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 1  value of the construction services rendered with regard to

 2  that structure, building, facility, or improvement as compared

 3  to the total value of the purchase.

 4         (c)  Upon completion of all items on the final punch

 5  list, or within 30 days after issuance of the punchlist,

 6  whichever occurs sooner, the vendor shall submit a payment

 7  request for the appropriate amount of retainage. The owner may

 8  withhold up to 150 percent of the cost to complete any

 9  incomplete final punchlist items. Thereafter, this act applies

10  to the payment of any payment request for retainage.

11         (d)  If the local governmental entity fails to present

12  to the vendor a final punch list within the time periods

13  provided in paragraph (a) or paragraph (b), the project is

14  considered to be complete and the vendor shall submit a

15  payment request for the appropriate amount of retainage.

16  Thereafter, this act applies to the payment of any payment

17  request for retainage.

18         (e)  All items that require correction under the

19  contract and that are identified after the preparation and

20  delivery of the final punch list must be considered warranty

21  items or make-good items, and such items have no effect on the

22  final payment of retainage provided in this section.

23         (8)(a)  From the commencement of a local government

24  construction project that is subject to this act until

25  50-percent of the contract value has been earned, a local

26  governmental entity may not withhold as retainage more than 10

27  percent of each progress payment to the vendor. When

28  50-percent of the contract value has been earned, the vendor

29  may submit a payment request to the local governmental entity

30  for up to one-half of the retainage withheld up to that time.

31  

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    Florida Senate - 2003                           CS for SB 1724
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 1         (b)  After 50-percent of the contract value has been

 2  earned, the local governmental entity may not withhold as

 3  retainage more than 5 percent of each progress payment to the

 4  vendor. However, the vendor may withhold retainage from

 5  payments to its subcontractors at a rate higher than 5

 6  percent. The specific amount to be withheld must be determined

 7  on a case-by-case basis and must be based on the vendor's

 8  assessment of the subcontractor's past performance, the

 9  likelihood that such performance will continue, and the

10  vendor's ability to rely on other safeguards. The vendor shall

11  notify the subcontractor, in writing, of its determination to

12  withhold more than 5 percent of the progress payment and the

13  reasons for making that determination.

14         (c)  This section does not require the payment or

15  release of amounts that are the subject of a good-faith

16  dispute.

17         (d)  This act applies to the payment of any payment

18  request for retainage.

19         Section 4.  Section 255.0705, Florida Statutes, is

20  created to read:

21         255.0705  Short title.--Sections 255.0705-255.078 may

22  be cited as the "Florida Prompt Payment Act."

23         Section 5.  Subsections (2) and (3) of section 255.071,

24  Florida Statutes, are amended to read:

25         255.071  Payment of subcontractors, sub-subcontractors,

26  materialmen, and suppliers on construction contracts for

27  public projects.--

28         (2)  The failure to pay any undisputed obligations for

29  such labor, services, or materials within 30 days after the

30  date the labor, services, or materials were furnished and

31  payment for such labor, services, or materials became due, or

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    Florida Senate - 2003                           CS for SB 1724
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 1  within 10 30 days after the date payment for such labor,

 2  services, or materials is received, whichever last occurs,

 3  shall entitle any person providing such labor, services, or

 4  materials to the procedures specified in subsection (3) and

 5  the remedies provided in subsection (4).

 6         (3)  Any person providing labor, services, or materials

 7  for the construction of a public building, for the prosecution

 8  and completion of a public work, or for repairs upon a public

 9  building or public work improvements to real property may file

10  a verified complaint alleging:

11         (a)  The existence of a contract for providing such

12  labor, services, or materials to improve real property.

13         (b)  A description of the labor, services, or materials

14  provided and alleging that the labor, services, or materials

15  were provided in accordance with the contract.

16         (c)  The amount of the contract price.

17         (d)  The amount, if any, paid pursuant to the contract.

18         (e)  The amount that remains unpaid pursuant to the

19  contract and the amount thereof that is undisputed.

20         (f)  That the undisputed amount has remained due and

21  payable pursuant to the contract for more than 30 days after

22  the date the labor or services were accepted or the materials

23  were received.

24         (g)  That the person against whom the complaint was

25  filed has received payment on account of the labor, services,

26  or materials described in the complaint more than 10 30 days

27  prior to the date the complaint was filed.

28         Section 6.  Section 255.072, Florida Statutes, is

29  created to read:

30         255.072  Definitions.--As used in ss. 255.073-255.078,

31  the term:

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 1         (1)  "Agent" means project architect, project engineer,

 2  or any other agency or person acting on behalf of a public

 3  entity.

 4         (2)  "Construction services" means all labor, services,

 5  and materials provided in connection with the construction,

 6  alteration, repair, demolition, reconstruction, or any other

 7  improvements to real property. The term "construction

 8  services" does not include contracts or work performed for the

 9  Department of Transportation.

10         (3)  "Payment request" means an invoice or request for

11  payment for construction services which conforms with all

12  statutory requirements and with all requirements specified by

13  the public entity to which the payment request is submitted.

14         (4)  "Public entity" means the state, a state

15  university, or any office, board, bureau, commission,

16  department, branch, division, or institution thereof, or any

17  project supported by state funds, but does not include a local

18  government entity as defined in s. 218.72.

19         (5)  "Purchase" means the purchase of construction

20  services.

21         (6)  "Vendor" means any person providing construction

22  services directly to a public entity.

23         Section 7.  Section 255.073, Florida Statutes, is

24  created to read:

25         255.073  Timely payment for purchases of construction

26  services.--

27         (1)  Except as otherwise provided in ss.

28  255.072-255.078, s. 215.422 governs the timely payment for

29  construction services by a public entity under this act.

30  

31  

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 1         (2)  If a public entity disputes a portion of a payment

 2  request, the undisputed portion must be timely paid, in

 3  accordance with subsection (1).

 4         (3)  When a vendor receives payment from a public

 5  entity for labor, services, or materials furnished by

 6  subcontractors and suppliers hired by the vendor, the vendor

 7  shall remit payment due to those subcontractors and suppliers

 8  within 10 days after the vendor's receipt of payment. When a

 9  subcontractor receives payment from a vendor for labor,

10  services, or materials furnished by subcontractors and

11  suppliers hired by the subcontractor, the subcontractor shall

12  remit payment due to those subcontractors and suppliers within

13  10 days after the subcontractor's receipt of payment. This

14  subsection does not prohibit a vendor or subcontractor from

15  disputing, pursuant to the terms of the relevant contract, all

16  or any portion of a payment alleged to be due to another

17  party. If such a dispute occurs, the vendor or subcontractor

18  may withhold the disputed portion of any such payment if the

19  vendor or subcontractor notifies the party whose payment is

20  disputed, in writing, of the amount in dispute and the actions

21  required to cure the dispute. The vendor or subcontractor must

22  pay all undisputed amounts due within the time limits imposed

23  by this section.

24         (4)  All payments due under this section and not made

25  within the time periods specified by this section shall bear

26  interest at the rate of 1 percent per month, or the rate

27  specified by contract, whichever is greater.

28         Section 8.  Section 255.074, Florida Statutes, is

29  created to read:

30         255.074  Procedures for calculation of payment due

31  dates.--

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 1         (1)  Each public entity shall establish procedures

 2  whereby each payment request received by the public entity is

 3  marked as received on the date on which it is delivered to an

 4  agent or employee of the public entity or of a facility or

 5  office of the public entity.

 6         (2)  If the terms under which a purchase is made allow

 7  for partial deliveries and a payment request is submitted for

 8  a partial delivery, the time for payment for the partial

 9  delivery must be calculated from the time of the partial

10  delivery and the submission of the payment request in the same

11  manner as provided in s. 255.073.

12         (3)  The public entity must submit a payment request to

13  the Chief Financial Officer for payment no more than 25 days

14  after receipt of the payment request.

15         Section 9.  Section 255.075, Florida Statutes, is

16  created to read:

17         255.075  Mandatory interest.--A contract between a

18  public entity and a vendor or a provider of construction

19  services may not prohibit the collection of late payment

20  interest charges allowable under ss. 255.072-255.078.

21         Section 10.  Section 255.076, Florida Statutes, is

22  created to read:

23         255.076  Improper payment request; resolution of

24  disputes.--

25         (1)  If a vendor submits an improper payment request,

26  the public entity shall, within 10 days after receiving the

27  improper payment request, notify the vendor that the payment

28  request is improper and indicate what corrective action on the

29  part of the vendor is needed to make the payment request

30  proper.

31  

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 1         (2)  If a dispute occurs between a vendor and a public

 2  entity concerning payment of a payment request, the dispute

 3  must be resolved as provided in this section. Each public

 4  entity shall establish a dispute resolution procedure to be

 5  followed by the public entity if such a dispute occurs. The

 6  procedure must provide that proceedings to resolve the dispute

 7  must commence not later than 45 days after the date on which

 8  the public entity received the payment request and must

 9  conclude by final decision of the public entity not later than

10  60 days after the date on which the public entity received the

11  payment request. Such procedures are not subject to chapter

12  120 and do not constitute an administrative proceeding that

13  prohibits a court from deciding de novo any action arising out

14  of the dispute. If the dispute is resolved in favor of the

15  public entity, interest charges begin to accrue 15 days after

16  the public entity's final decision. If the dispute is resolved

17  in favor of the vendor, interest begins to accrue as of the

18  original date the payment became due.

19         (3)  In an action to recover amounts due under ss.

20  255.072-255.078, the court shall award court costs and

21  reasonable attorney's fees, including fees incurred through

22  any appeal, to the prevailing party, if the court finds that

23  the nonprevailing party withheld any portion of the payment

24  that is the subject of the action without any reasonable basis

25  in law or fact to dispute the prevailing party's claim to

26  those amounts.

27         Section 11.  Section 255.077, Florida Statutes, is

28  created to read:

29         255.077  Project closeout and payment of retainage.--

30         (1)  A public entity must present to the vendor a final

31  punch list of all items required to render complete,

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 1  satisfactory, and acceptable the construction services

 2  purchased, within 30 days after the earliest of the following:

 3         (a)  Issuance of a temporary or final certificate of

 4  occupancy, if applicable;

 5         (b)  Substantial completion of the construction

 6  services purchased, as defined in the contract; or

 7         (c)  Beneficial occupancy or use of the structure,

 8  building, facility, or improvement that is the subject of the

 9  construction services purchased, as defined in the contract.

10         (2)  If the purchase relates to construction services

11  on more than one building or structure, the public entity

12  shall prepare a final punch list for each building or

13  structure. The public entity must present to the vendor a

14  final punch list with regard to each building or structure

15  within 30 days after the earliest of the following:

16         (a)  Issuance of a temporary or final certificate of

17  occupancy on the particular building or structure, if

18  applicable;

19         (b)  Substantial completion of the particular building

20  or structure, as defined in the contract; or

21         (c)  Beneficial occupancy or use of the particular

22  structure, building, facility, or improvement, as defined in

23  the contract.

24  

25  Unless the contract provides otherwise, the public entity

26  shall pay out retainage to the vendor based upon the value of

27  the construction services rendered with regard to that

28  structure, building, facility, or improvement as compared to

29  the total value of the purchase.

30         (3)  Upon completion of all items on the final punch

31  list or within 30 days after issuance of the punch list,

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 1  whichever occurs sooner, the vendor shall submit a payment

 2  request for the appropriate amount of retainage. The owner may

 3  withhold up to 150 percent of the cost to complete any

 4  incomplete final punchlist items. Thereafter, ss.

 5  255.072-255.076 apply to the payment of any payment request

 6  for retainage.

 7         (4)  If the public entity fails to present to the

 8  vendor a final punch list within the time periods provided in

 9  subsection (1) or subsection (2), the project is considered to

10  be complete and the vendor shall submit a payment request for

11  the appropriate amount of retainage. Thereafter, ss.

12  255.072-255.076 apply to the payment of any payment request

13  for retainage.

14         (5)  All items that require correction under the

15  contract which are identified subsequent to preparation and

16  delivery of the final punch list must be considered warranty

17  items or make-good items, and such items have no effect on the

18  final payment of retainage provided in this section.

19         Section 12.  Section 255.078, Florida Statutes, is

20  created to read:

21         255.078  Public construction retainage.--

22         (1)  From the commencement of a public construction

23  project that is subject to ss. 255.072-255.078 until

24  50-percent of the contract value has been earned, a public

25  entity may not withhold as retainage more than 10 percent of

26  each progress payment to the vendor. When 50-percent of the

27  contract value has been earned, the vendor may submit a

28  payment request to the public entity for up to one-half of the

29  retainage withheld up to that time.

30         (2)  After 50-percent of the contract value has been

31  earned, the public entity may not withhold as retainage more

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 1  than 5 percent of each progress payment to the vendor.

 2  However, the vendor may withhold retainage from payments to

 3  its subcontractors at a rate higher than 5 percent. The

 4  specific amount to be withheld must be determined on a

 5  case-by-case basis and must be based on the vendor's

 6  assessment of the subcontractor's past performance, the

 7  likelihood that such performance will continue, and the

 8  vendor's ability to rely on other safeguards. The vendor shall

 9  notify the subcontractor, in writing, of its determination to

10  withhold more than 5 percent of the progress payment and the

11  reasons for making that determination.

12         (3)  This section does not require the payment or

13  release of amounts that are the subject of a good-faith

14  dispute.

15         (4)  Sections 255.072-255.076 apply to the payment of

16  any payment request for retainage.

17         Section 13.  Paragraph (a) of subsection (2) is

18  amended, and subsections (10) and (11) are added to section

19  255.05, Florida Statutes, to read:

20         255.05  Bond of contractor constructing public

21  buildings; form; action by materialmen.--

22         (2)(a)1.  If a claimant is no longer furnishing labor,

23  services, or materials on a project, a contractor or the

24  contractor's agent or attorney may elect to shorten the

25  prescribed time in this paragraph within which an action to

26  enforce any claim against a payment bond provided pursuant to

27  this section may be commenced by recording in the clerk's

28  office a notice in substantially the following form:

29  

30                    NOTICE OF CONTEST OF CLAIM

31                       AGAINST PAYMENT BOND

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 1  

 2  To: ...(Name and address of claimant)...

 3  

 4         You are notified that the undersigned contests your

 5  notice of nonpayment, dated ............, ........, and served

 6  on the undersigned on ............, ........, and that the

 7  time within which you may file suit to enforce your claim is

 8  limited to 60 days after the date of service of this notice.

 9  

10         DATED on ............, .........

11  

12  Signed:...(Contractor or Attorney)...

13  

14  The claim of any claimant upon whom such notice is served and

15  who fails to institute a suit to enforce his or her claim

16  against the payment bond within 60 days after service of such

17  notice shall be extinguished automatically. The clerk shall

18  mail a copy of the notice of contest to the claimant at the

19  address shown in the notice of nonpayment or most recent

20  amendment thereto and shall certify to such service on the

21  face of such notice and record the notice. Service is complete

22  upon mailing.

23         2.  A claimant, except a laborer, who is not in privity

24  with the contractor shall, before commencing or not later than

25  45 days after commencing to furnish labor, materials, or

26  supplies for the prosecution of the work, furnish the

27  contractor with a notice that he or she intends to look to the

28  bond for protection. A claimant who is not in privity with the

29  contractor and who has not received payment for his or her

30  labor, materials, or supplies shall deliver to the contractor

31  and to the surety written notice of the performance of the

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 1  labor or delivery of the materials or supplies and of the

 2  nonpayment. The notice of nonpayment may be served at any time

 3  during the progress of the work or thereafter but not before

 4  45 days after the first furnishing of labor, services, or

 5  materials, and not later than 90 days after the final

 6  furnishing of the labor, services, or materials by the

 7  claimant or, with respect to rental equipment, not later than

 8  90 days after the date that the rental equipment was last on

 9  the job site available for use. Any notice of nonpayment

10  served by a claimant who is not in privity with the contractor

11  which includes sums for retainage must specify the portion of

12  the amount claimed for retainage. No action for the labor,

13  materials, or supplies may be instituted against the

14  contractor or the surety unless both notices have been given.

15  Notices required or permitted under this section may be served

16  in accordance with s. 713.18. An action, except for an action

17  exclusively for recovery of retainage, must be instituted

18  against the contractor or the surety on the payment bond or

19  the payment provisions of a combined payment and performance

20  bond within 1 year after the performance of the labor or

21  completion of delivery of the materials or supplies. An action

22  exclusively for recovery of retainage must be instituted

23  against the contractor or the surety within 1 year after the

24  performance of the labor or completion of delivery of the

25  materials or supplies, or within 90 days after receipt of

26  final payment (or the payment estimate containing the owner's

27  final reconciliation of quantities if no further payment is

28  earned and due as a result of deductive adjustments) by the

29  contractor or surety, whichever comes last. A claimant may not

30  waive in advance his or her right to bring an action under the

31  bond against the surety. In any action brought to enforce a

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 1  claim against a payment bond under this section, the

 2  prevailing party is entitled to recover a reasonable fee for

 3  the services of his or her attorney for trial and appeal or

 4  for arbitration, in an amount to be determined by the court,

 5  which fee must be taxed as part of the prevailing party's

 6  costs, as allowed in equitable actions. The time periods for

 7  service of a notice of nonpayment or for bringing an action

 8  against a contractor or a surety shall be measured from the

 9  last day of furnishing labor, services, or materials by the

10  claimant and shall not be measured by other standards, such as

11  the issuance of a certificate of occupancy or the issuance of

12  a certificate of substantial completion.

13         (10)  Notwithstanding any other provision of law to the

14  contrary, a claimant may not institute an action for the sole

15  purpose of recovery of retainage against the contractor or

16  against the surety issuing a payment or performance bond

17  pursuant to this section until:

18         (a)  The public entity has paid out that retainage to

19  the contractor and the time provided under ss. 218.70-218.76

20  or ss. 255.072-255.078 for payment of that retainage to the

21  claimant has expired;

22         (b)  The claimant has completed all work required under

23  its contract and, if the contractor submitted its final

24  payment request in accordance with this act, 60 days have

25  passed since the owner's receipt of the contractor's final

26  payment request; or

27         (c)  The contractor has provided the claimant with a

28  written statement pursuant to subsection (12) that no further

29  payment is owed to the contractor.

30         (11)  An owner shall furnish in writing to a claimant

31  who has provided labor, services, or materials to a project,

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    Florida Senate - 2003                           CS for SB 1724
    316-2360-03




 1  within 5 business days after receipt of a written request from

 2  that claimant, the following information:

 3         (a)  The dates of all payment requests received by the

 4  owner from the contractor.

 5         (b)  The dates of all payments made by the owner to the

 6  contractor.

 7         (c)  Whether the owner has received the contractor's

 8  final payment request and, if so, the date the final payment

 9  request was submitted by the contractor to the owner.

10         (12)  The contractor has a duty to notify all claimants

11  of record for the project, in writing, that final payment has

12  been received from the owner or, if no further payment is

13  earned by the contractor, a statement that no further payment

14  is owed to the contractor and the date on which the owner

15  provided the contractor with the final reconciliation of

16  quantities. The notice to claimants must be made in writing

17  within 10 days after final payment has been received or the

18  final reconciliation of quantities has been provided to the

19  contractor. Notwithstanding any provision of law to the

20  contrary, the statute of limitations for filing a claim

21  against the contractor's payment bond may not be tolled for

22  any claimant who was not provided the written notice required

23  in this subsection.

24         Section 14.  This act shall take effect July 1, 2003.

25  

26  

27  

28  

29  

30  

31  

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    Florida Senate - 2003                           CS for SB 1724
    316-2360-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1724

 3                                 

 4  *    Amends a definition of "construction services" in current
         law, to make the prompt payment provisions available to
 5       contractors other than those licensed under Parts I & II
         of ch. 489, F.S.;
 6  
    *    Includes a penalty provision in the proposed Local
 7       Government and Florida Prompt Payment Acts for
         contractors failing to complete tasks on the final punch
 8       list;

 9  *    Deletes the requirement that the vendor show "good cause"
         for withholding retainage from subcontractors, includes
10       general standards for establishing the amount of
         retainage to be withheld from subcontractors, and deletes
11       the requirement that the state and local governments
         withhold the corresponding retainage from the vendor
12       (prime contractor);

13  *    Exempts DOT projects from the requirement of the proposed
         Florida Prompt Payment Act;
14  
    *    Requires property owners to provide payment history
15       information to claimants (subcontractors or suppliers)
         upon the request of the claimant; and clarifies that
16       property owners have 5 business days, rather than 5 days,
         to provide such payment history;
17  
    *    Requires the contractor to notify claimants that a final
18       payment has been made to the vendor upon the request of
         the claimants; and
19  
    *    Adds a third condition to be satisfied before a claimant
20       may institute and action to recover retainage, to include
         that the contractor has provided the claimant with a
21       written statement that no further payment is owed to the
         contractor.
22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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