Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1200
       
       
       
       
       
       
                                Ì328940,Î328940                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Rules (Stargel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 88 - 144
    4  and insert:
    5  site available for use. Any notice of nonpayment served by a
    6  claimant who is not in privity with the contractor which
    7  includes sums for retainage must specify the portion of the
    8  amount claimed for retainage. An action for the labor, services,
    9  or materials, or supplies may not be instituted against the
   10  contractor or the surety unless the notice to the contractor and
   11  notice of nonpayment have been served, if required by this
   12  section. Notices required or permitted under this section must
   13  shall be served in accordance with s. 713.18. A claimant may not
   14  waive in advance his or her right to bring an action under the
   15  bond against the surety. In any action brought to enforce a
   16  claim against a payment bond under this section, the prevailing
   17  party is entitled to recover a reasonable fee for the services
   18  of his or her attorney for trial and appeal or for arbitration,
   19  in an amount to be determined by the court, which fee must be
   20  taxed as part of the prevailing party’s costs, as allowed in
   21  equitable actions. The time periods for service of a notice of
   22  nonpayment or for bringing an action against a contractor or a
   23  surety shall be measured from the last day of furnishing labor,
   24  services, or materials by the claimant and may not be measured
   25  by other standards, such as the issuance of a certificate of
   26  occupancy or the issuance of a certificate of substantial
   27  completion. The negligent inclusion or omission of any
   28  information in the notice of nonpayment that has not prejudiced
   29  the contractor or surety does not constitute a default that
   30  operates to defeat an otherwise valid bond claim. A claimant who
   31  serves a fraudulent notice of nonpayment forfeits his or her
   32  rights under the bond. A notice of nonpayment is fraudulent if
   33  the claimant has willfully exaggerated the amount unpaid,
   34  willfully included a claim for work not performed or materials
   35  not furnished for the subject improvement, or prepared the
   36  notice with such willful and gross negligence as to amount to a
   37  willful exaggeration. However, a minor mistake or error in a
   38  notice of nonpayment, or a good faith dispute as to the amount
   39  unpaid, does not constitute a willful exaggeration that operates
   40  to defeat an otherwise valid claim against the bond. The service
   41  of a fraudulent notice of nonpayment is a complete defense to
   42  the claimant’s claim against the bond. The notice of nonpayment
   43  under this subparagraph must supply the following information,
   44  current as of the date of the notice, and must be in
   45  substantially the following form:
   46  
   47                        NOTICE OF NONPAYMENT                       
   48  
   49  To: ...(name of contractor and address)...
   50  ...(name of surety and address)...
   51  The undersigned claimant notifies you that:
   52         1. Claimant has furnished ...(describe labor, services, or
   53  materials)... for the improvement of the real property
   54  identified as ...(property description).... The corresponding
   55  amount unpaid to date is $ ...., of which $ .... is unpaid
   56  retainage.
   57         2. Claimant has been paid to date the amount of
   58  
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete lines 4 - 5
   62  and insert:
   63         under oath; specifying that certain negligent