Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 504
       
       
       
       
       
       
                                Ì7190922Î719092                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/28/2020           .                                
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       The Committee on Rules (Perry) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 26
    4  insert:
    5         Section 1. Paragraphs (a), (d), and (f) of subsection (2)
    6  of section 255.05, Florida Statutes, are amended, and subsection
    7  (12) is added to that section, to read:
    8         255.05 Bond of contractor constructing public buildings;
    9  form; action by claimants.—
   10         (2)(a)1. If a claimant is no longer furnishing labor,
   11  services, or materials on a project, a contractor or the
   12  contractor’s agent or attorney may elect to shorten the time
   13  within which an action to enforce any claim against a payment
   14  bond must be commenced by recording in the clerk’s office a
   15  notice in substantially the following form:
   16  
   17                     NOTICE OF CONTEST OF CLAIM                    
   18                        AGAINST PAYMENT BOND                       
   19  
   20  To: ...(Name and address of claimant)...
   21  
   22         You are notified that the undersigned contests your notice
   23  of nonpayment, dated ............, ........, and served on the
   24  undersigned on ............, ........, and that the time within
   25  which you may file suit to enforce your claim is limited to 60
   26  days after the date of service of this notice.
   27  
   28         DATED on ............, .........
   29  
   30  Signed: ...(Contractor or Attorney)...
   31  
   32  The claim of a claimant upon whom such notice is served and who
   33  fails to institute a suit to enforce his or her claim against
   34  the payment bond within 60 days after service of such notice is
   35  extinguished automatically. The contractor or the contractor’s
   36  attorney shall serve a copy of the notice of contest on to the
   37  claimant at the address shown in the notice of nonpayment or
   38  most recent amendment thereto and shall certify to such service
   39  on the face of the notice and record the notice.
   40         2. A claimant, except a laborer, who is not in privity with
   41  the contractor shall, before commencing or not later than 45
   42  days after commencing to furnish labor, services, or materials
   43  for the prosecution of the work, serve the contractor with a
   44  written notice that he or she intends to look to the bond for
   45  protection. A claimant who is not in privity with the contractor
   46  and who has not received payment for furnishing his or her
   47  labor, services, or materials shall serve a written notice of
   48  nonpayment on the contractor and a copy of the notice on the
   49  surety. The notice of nonpayment shall be under oath and served
   50  during the progress of the work or thereafter but may not be
   51  served earlier than 45 days after the first furnishing of labor,
   52  services, or materials by the claimant or later than 90 days
   53  after the final furnishing of the labor, services, or materials
   54  by the claimant or, with respect to rental equipment, later than
   55  90 days after the date that the rental equipment was last on the
   56  job site available for use. Any notice of nonpayment served by a
   57  claimant who is not in privity with the contractor which
   58  includes sums for retainage must specify the portion of the
   59  amount claimed for retainage. An action for the labor, services,
   60  or materials may not be instituted against the contractor or the
   61  surety unless the notice to the contractor and notice of
   62  nonpayment have been served, if required by this section.
   63  Notices required or permitted under this section must be served
   64  in accordance with s. 713.18. A claimant may not waive in
   65  advance his or her right to bring an action under the bond
   66  against the surety. In any action brought to enforce a claim
   67  against a payment bond under this section, the prevailing party
   68  is entitled to recover a reasonable fee for the services of his
   69  or her attorney for trial and appeal or for arbitration, in an
   70  amount to be determined by the court, which fee must be taxed as
   71  part of the prevailing party’s costs, as allowed in equitable
   72  actions. The time periods for service of a notice of nonpayment
   73  or for bringing an action against a contractor or a surety are
   74  shall be measured from the last day of furnishing labor,
   75  services, or materials by the claimant and may not be measured
   76  by other standards, such as the issuance of a certificate of
   77  occupancy or the issuance of a certificate of substantial
   78  completion. The negligent inclusion or omission of any
   79  information in the notice of nonpayment that has not prejudiced
   80  the contractor or surety does not constitute a default that
   81  operates to defeat an otherwise valid bond claim. A claimant who
   82  serves a fraudulent notice of nonpayment forfeits his or her
   83  rights under the bond. A notice of nonpayment is fraudulent if
   84  the claimant has willfully exaggerated the amount unpaid,
   85  willfully included a claim for work not performed or materials
   86  not furnished for the subject improvement, or prepared the
   87  notice with such willful and gross negligence as to amount to a
   88  willful exaggeration. However, a minor mistake or error in a
   89  notice of nonpayment, or a good faith dispute as to the amount
   90  unpaid, does not constitute a willful exaggeration that operates
   91  to defeat an otherwise valid claim against the bond. The service
   92  of a fraudulent notice of nonpayment is a complete defense to
   93  the claimant’s claim against the bond. The notice of nonpayment
   94  under this subparagraph must include the following information,
   95  current as of the date of the notice, and must be in
   96  substantially the following form:
   97  
   98                        NOTICE OF NONPAYMENT                       
   99  
  100  To: ...(name of contractor and address)...
  101  
  102  ...(name of surety and address)...
  103  
  104  The undersigned claimant notifies you that:
  105         1. Claimant has furnished ...(describe labor, services, or
  106  materials)... for the improvement of the real property
  107  identified as ...(property description).... The corresponding
  108  amount unpaid to date is $...., of which $.... is unpaid
  109  retainage.
  110         2. Claimant has been paid to date the amount of $.... for
  111  previously furnishing ...(describe labor, services, or
  112  materials)... for this improvement.
  113         3. Claimant expects to furnish ...(describe labor,
  114  services, or materials)... for this improvement in the future
  115  (if known), and the corresponding amount expected to become due
  116  is $.... (if known).
  117  
  118  I declare that I have read the foregoing Notice of Nonpayment
  119  and that the facts stated in it are true to the best of my
  120  knowledge and belief.
  121  
  122  DATED on ............, .........
  123  ...(signature and address of claimant)...
  124  STATE OF FLORIDA
  125  COUNTY OF ........
  126  
  127  The foregoing instrument was sworn to (or affirmed) and
  128  subscribed before me by means of .... physical presence or sworn
  129  to (or affirmed) by .... online notarization this....day of
  130  ...., ...(year)..., by ...(name of signatory)....
  131         ...(Signature of Notary Public - State of Florida)...
  132         ...(Print, Type, or Stamp Commissioned Name of Notary
  133  Public)...
  134  
  135  Personally Known ........ OR Produced Identification ........
  136  
  137  Type of Identification Produced.................................
  138  
  139         (d) A person may not require a claimant to furnish a waiver
  140  that is different from the forms in paragraphs (b) and (c) in
  141  exchange for, or to induce payment of, a progress payment or
  142  final payment, unless the claimant has entered into a direct
  143  contract that requires the claimant to furnish a waiver that is
  144  different from the forms in paragraphs (b) and (c).
  145         (f) Any provisions in a waiver that are is not related to
  146  the waiver of right to claim against a payment bond as provided
  147  in this subsection are unenforceable, unless the claimant has
  148  otherwise agreed to those provisions in the claimant’s direct
  149  contract substantially similar to the forms in this subsection
  150  is enforceable in accordance with its terms.
  151         (12)Unless otherwise provided in this section, service of
  152  any document must be made in accordance with s. 713.18.
  153         Section 2. Paragraph (c) of subsection (1) of section
  154  337.18, Florida Statutes, is amended, and subsection (6) is
  155  added to that section, to read:
  156         337.18 Surety bonds for construction or maintenance
  157  contracts; requirement with respect to contract award; bond
  158  requirements; defaults; damage assessments.—
  159         (1)
  160         (c) A claimant, except a laborer, who is not in privity
  161  with the contractor shall, before commencing or not later than
  162  90 days after commencing to furnish labor, materials, or
  163  supplies for the prosecution of the work, furnish the contractor
  164  with a notice that he or she intends to look to the bond for
  165  protection. A claimant who is not in privity with the contractor
  166  and who has not received payment for his or her labor,
  167  materials, or supplies shall deliver to the contractor and to
  168  the surety written notice of the performance of the labor or
  169  delivery of the materials or supplies and of the nonpayment. The
  170  notice of nonpayment may be served at any time during the
  171  progress of the work or thereafter but not before 45 days after
  172  the first furnishing of labor, services, or materials, and not
  173  later than 90 days after the final furnishing of the labor,
  174  services, or materials by the claimant or, with respect to
  175  rental equipment, not later than 90 days after the date that the
  176  rental equipment was last on the job site available for use. An
  177  action by a claimant, except a laborer, who is not in privity
  178  with the contractor for the labor, materials, or supplies may
  179  not be instituted against the contractor or the surety unless
  180  both notices have been given. Notices required or permitted
  181  under this section may be served in any manner provided in s.
  182  713.18, and provisions for the waiver of right to claim against
  183  a payment bond contained in s. 713.235 apply to all contracts
  184  under this section.
  185         (6)Unless otherwise provided in this section, service of
  186  any document must be made in accordance with s. 713.18.
  187         Section 3. Subsections (8) and (26) of section 713.01,
  188  Florida Statutes, are amended to read:
  189         713.01 Definitions.—As used in this part, the term:
  190         (8) “Contractor” means a person other than a materialman or
  191  laborer who enters into a contract with the owner of real
  192  property for improving it, or who takes over from a contractor
  193  as so defined the entire remaining work under such contract. The
  194  term “contractor” includes an architect, landscape architect, or
  195  engineer who improves real property pursuant to a design-build
  196  contract authorized by s. 489.103(16). The term “contractor”
  197  also includes a licensed general contractor or building
  198  contractor, as those terms are defined in s. 489.105(3)(a) and
  199  (b), who provides construction management services, which
  200  include responsibility for scheduling and coordination in both
  201  preconstruction and construction phases and for the successful,
  202  timely, and economical completion of the construction project,
  203  or who provides program management services, which include
  204  responsibility for schedule control, cost control, and
  205  coordination in providing or procuring planning, design, and
  206  construction.
  207         (26) “Real property” means the land that is improved and
  208  the improvements thereon, including fixtures, except any such
  209  property owned by the state or any county, municipality, school
  210  board, or governmental agency, commission, or political
  211  subdivision. The term includes a private leasehold interest that
  212  is improved, and the improvements thereon, on land that is owned
  213  by the state or any county, municipality, school board, or
  214  governmental agency, commission, or political subdivision.
  215         Section 4. Section 713.09, Florida Statutes, is amended to
  216  read:
  217         713.09 Single claim of lien.—A lienor may is required to
  218  record only one claim of lien covering his or her entire demand
  219  against the real property when the amount demanded is for labor
  220  or services or material furnished for more than one improvement
  221  under the same direct contract or multiple direct contracts. The
  222  single claim of lien is sufficient even though the improvement
  223  is for one or more improvements located on separate lots,
  224  parcels, or tracts of land. If materials to be used on one or
  225  more improvements on separate lots, parcels, or tracts of land
  226  under one direct contract are delivered by a lienor to a place
  227  designated by the person with whom the materialman contracted,
  228  other than the site of the improvement, the delivery to the
  229  place designated is prima facie evidence of delivery to the site
  230  of the improvement and incorporation in the improvement. The
  231  single claim of lien may be limited to a part of multiple lots,
  232  parcels, or tracts of land and their improvements or may cover
  233  all of the lots, parcels, or tracts of land and improvements. If
  234  a In each claim of lien under this section is for multiple
  235  direct contracts, the owner under the direct contracts contract
  236  must be the same person for all lots, parcels, or tracts of land
  237  against which a single claim of lien is recorded.
  238         Section 5. Paragraph (b) of subsection (2) of section
  239  713.10, Florida Statutes, is amended, and subsection (4) is
  240  added to that section, to read:
  241         713.10 Extent of liens.—
  242         (2)
  243         (b) The interest of the lessor is not subject to liens for
  244  improvements made by the lessee when:
  245         1. The lease, or a short form or a memorandum of the lease
  246  that contains the specific language in the lease prohibiting
  247  such liability, is recorded in the official records of the
  248  county where the premises are located before the recording of a
  249  notice of commencement for improvements to the premises and the
  250  terms of the lease expressly prohibit such liability; or
  251         2. The terms of the lease expressly prohibit such
  252  liability, and a notice advising that leases for the rental of
  253  premises on a parcel of land prohibit such liability has been
  254  recorded in the official records of the county in which the
  255  parcel of land is located before the recording of a notice of
  256  commencement for improvements to the premises, and the notice
  257  includes the following:
  258         a. The name of the lessor.
  259         b. The legal description of the parcel of land to which the
  260  notice applies.
  261         c. The specific language contained in the various leases
  262  prohibiting such liability.
  263         d. A statement that all or a majority of the leases entered
  264  into for premises on the parcel of land expressly prohibit such
  265  liability.
  266         3.The lessee is a mobile home owner who is leasing a
  267  mobile home lot in a mobile home park from the lessor.
  268  
  269  A notice that is consistent with subparagraph 2. effectively
  270  prohibits liens for improvements made by a lessee even if other
  271  leases for premises on the parcel do not expressly prohibit
  272  liens or if provisions of each lease restricting the application
  273  of liens are not identical.
  274         (4)The interest of the lessor is not subject to liens for
  275  improvements made by the lessee when the lessee is a mobile home
  276  owner who is leasing a mobile home lot in a mobile home park
  277  from the lessor.
  278         Section 6. Paragraphs (a) and (d) of subsection (1) of
  279  section 713.13, Florida Statutes, are amended to read:
  280         713.13 Notice of commencement.—
  281         (1)(a) Except for an improvement that is exempt under
  282  pursuant to s. 713.02(5), an owner or the owner’s authorized
  283  agent before actually commencing to improve any real property,
  284  or recommencing completion of any improvement after default or
  285  abandonment, whether or not a project has a payment bond
  286  complying with s. 713.23, shall record a notice of commencement
  287  in the clerk’s office and forthwith post either a certified copy
  288  thereof or a notarized statement that the notice of commencement
  289  has been filed for recording along with a copy thereof. The
  290  notice of commencement shall contain the following information:
  291         1. A description sufficient for identification of the real
  292  property to be improved. The description should include the
  293  legal description of the property and also should include the
  294  street address and tax folio number of the property if available
  295  or, if there is no street address available, such additional
  296  information as will describe the physical location of the real
  297  property to be improved.
  298         2. A general description of the improvement.
  299         3. The name and address of the owner, the owner’s interest
  300  in the site of the improvement, and the name and address of the
  301  fee simple titleholder, if other than such owner.
  302         4.The name and address of the lessee, if the A lessee who
  303  contracts for the improvements as is an owner as defined in s.
  304  713.01 under s. 713.01(23) and must be listed as the owner
  305  together with a statement that the ownership interest is a
  306  leasehold interest.
  307         5.4. The name and address of the contractor.
  308         6.5. The name and address of the surety on the payment bond
  309  under s. 713.23, if any, and the amount of such bond.
  310         7.6. The name and address of any person making a loan for
  311  the construction of the improvements.
  312         8.7. The name and address within the state of a person
  313  other than himself or herself who may be designated by the owner
  314  as the person upon whom notices or other documents may be served
  315  under this part; and service upon the person so designated
  316  constitutes service upon the owner.
  317         (d) A notice of commencement must be in substantially the
  318  following form:
  319  
  320  Permit No.....                                 Tax Folio No.....
  321                       NOTICE OF COMMENCEMENT                      
  322  STATE OF FLORIDA State of....
  323  COUNTY OF County of....
  324  
  325  The undersigned hereby gives notice that improvement will be
  326  made to certain real property, and in accordance with Chapter
  327  713, Florida Statutes, the following information is provided in
  328  this Notice of Commencement.
  329         1. Description of property: ...(legal description of the
  330  property, and street address if available)....
  331         2. General description of improvement:.....
  332         3.a.Owner: ...(name and address)....
  333         b.Owner’s phone number:.....
  334         c.Name and address of fee simple titleholder (if different
  335  from Owner listed above):.....
  336         4.a.Lessee, if the lessee contracted for the improvements:
  337  ...(name and address)....
  338         b.Lessee’s phone number:..... owner information or Lessee
  339  information if the Lessee contracted for the improvement:
  340         a.Name and address:.....
  341         b.Interest in property:.....
  342         c.Name and address of fee simple titleholder (if different
  343  from Owner listed above):.....
  344         5.a.4.a. Contractor: ...(name and address)....
  345         b. Contractor’s phone number:.....
  346         6.5. Surety (if applicable, a copy of the payment bond is
  347  attached):
  348         a. Name and address:.....
  349         b. Phone number:.....
  350         c. Amount of bond: $.....
  351         7.a.6.a. Lender: ...(name and address)....
  352         b. Lender’s phone number:.....
  353         8.7. Persons within the State of Florida designated by
  354  Owner upon whom notices or other documents may be served as
  355  provided in by Section 713.13(1)(a)8. 713.13(1)(a)7., Florida
  356  Statutes:
  357         a. Name and address:.....
  358         b. Phone numbers of designated persons:.....
  359         9.a.8.a. In addition to himself or herself, Owner
  360  designates ............ of ............ to receive a copy of the
  361  Lienor’s Notice as provided in Section 713.13(1)(b), Florida
  362  Statutes.
  363         b. Phone number of person or entity designated by
  364  owner:.....
  365         10.9. Expiration date of notice of commencement (the
  366  expiration date will be 1 year after from the date of recording
  367  unless a different date is specified).....
  368  
  369  WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
  370  EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
  371  PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
  372  STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
  373  TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
  374  POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
  375  INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
  376  ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
  377  COMMENCEMENT.
  378  
  379  ...(Signature of Owner or Lessee, or Owner’s or Lessee’s
  380  Authorized Officer/Director/Partner/Manager)...
  381  ...(Signatory’s Title/Office)...
  382  
  383  The foregoing instrument was acknowledged before me by means of
  384  .... physical presence or sworn to (or affirmed) by .... online
  385  notarization this .... day of ...., ...(year)..., by ...(name of
  386  person)... as ...(type of authority, . . . e.g. officer,
  387  trustee, attorney in fact)... for ...(name of party on behalf of
  388  whom instrument was executed)....
  389  ...(Signature of Notary Public - State of Florida)...
  390  
  391  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  392  
  393         Personally Known .... OR Produced Identification ....
  394  
  395         Type of Identification Produced............
  396         Section 7. Subsections (1) , (3), and (4) of section
  397  713.132, Florida Statutes, are amended to read:
  398         713.132 Notice of termination.—
  399         (1) An owner may terminate the period of effectiveness of a
  400  notice of commencement by executing, swearing to, and recording
  401  a notice of termination that contains:
  402         (a) The same information as the notice of commencement;
  403         (b) The official records’ recording office document book
  404  and page reference numbers and recording date affixed by the
  405  recording office on of the recorded notice of commencement;
  406         (c) A statement of the date as of which the notice of
  407  commencement is terminated, which date may not be earlier than
  408  30 days after the notice of termination is recorded;
  409         (d) A statement specifying that the notice applies to all
  410  the real property subject to the notice of commencement or
  411  specifying the portion of such real property to which it
  412  applies;
  413         (e) A statement that all lienors have been paid in full;
  414  and
  415         (f) A statement that the owner has, before recording the
  416  notice of termination, served a copy of the notice of
  417  termination on the contractor and on each lienor who has a
  418  direct contract with the owner or who has timely served a notice
  419  to owner, and a statement that the owner will serve a copy of
  420  the notice of termination on each lienor who timely serves a
  421  notice to owner after the notice of termination has been
  422  recorded. The owner is not required to serve a copy of the
  423  notice of termination on any lienor who has executed a waiver
  424  and release of lien upon final payment in accordance with s.
  425  713.20.
  426         (3) An owner may not record a notice of termination at any
  427  time after except after completion of construction, or after
  428  construction ceases before completion and all lienors have been
  429  paid in full or pro rata in accordance with s. 713.06(4).
  430         (4) If an owner or a contractor, by fraud or collusion,
  431  knowingly makes any fraudulent statement or affidavit in a
  432  notice of termination or any accompanying affidavit, the owner
  433  and the contractor, or either of them, as the case may be, is
  434  liable to any lienor who suffers damages as a result of the
  435  filing of the fraudulent notice of termination,; and any such
  436  lienor has a right of action for damages occasioned thereby.
  437         (5)(4) A notice of termination must be served before
  438  recording on each lienor who has a direct contract with the
  439  owner and on each lienor who has timely and properly served a
  440  notice to owner in accordance with this part before the
  441  recording of the notice of termination. A notice of termination
  442  must be recorded in the official records of the county in which
  443  the project is located. If properly served before recording in
  444  accordance with this subsection, the notice of termination
  445  terminates the period of effectiveness of the notice of
  446  commencement 30 days after the notice of termination is recorded
  447  in the official records is effective to terminate the notice of
  448  commencement at the later of 30 days after recording of the
  449  notice of termination or a later the date stated in the notice
  450  of termination as the date on which the notice of commencement
  451  is terminated. However, if a lienor, who began work under the
  452  notice of commencement before its termination, lacks a direct
  453  contract with the owner, and timely serves his or her notice to
  454  owner after the notice of termination has been recorded, the
  455  owner must serve a copy of the notice of termination upon such
  456  lienor, and the termination of the notice of commencement as to
  457  that lienor is effective 30 days after service of the notice of
  458  termination if the notice of termination has been served
  459  pursuant to paragraph (1)(f) on the contractor and on each
  460  lienor who has a direct contract with the owner or who has
  461  served a notice to owner.
  462         Section 8. Section 713.18, Florida Statutes, is amended to
  463  read:
  464         713.18 Manner of serving documents notices and other
  465  instruments.—
  466         (1) Unless otherwise specifically provided by law, service
  467  of any document notices, claims of lien, affidavits,
  468  assignments, and other instruments permitted or required under
  469  this part, s. 255.05, or s. 337.18, or copies thereof when so
  470  permitted or required, unless otherwise specifically provided in
  471  this part, must be made by one of the following methods:
  472         (a) By hand actual delivery to the person to be served; if
  473  a partnership, to one of the partners; if a corporation, to an
  474  officer, director, managing agent, or business agent; or, if a
  475  limited liability company, to a member or manager.
  476         (b) By common carrier delivery service or by registered,
  477  Global Express Guaranteed, or certified mail to the person to be
  478  served, with postage or shipping paid by the sender and with
  479  evidence of delivery, which may be in an electronic format.
  480         (c)By posting on the site of the improvement if service as
  481  provided by paragraph (a) or paragraph (b) cannot be
  482  accomplished.
  483         (2) Notwithstanding subsection (1), service of a notice to
  484  owner or a preliminary notice to contractor under this part, s.
  485  255.05, or s. 337.18, or s. 713.23 is effective as of the date
  486  of mailing and the requirements for service under this section
  487  have been satisfied if:
  488         (a) The notice is mailed by registered, Global Express
  489  Guaranteed, or certified mail, with postage prepaid, to the
  490  person to be served and addressed as prescribed at any of the
  491  addresses set forth in subsection (3);
  492         (b) The notice is mailed within 40 days after the date the
  493  lienor first furnishes labor, services, or materials; and
  494         (c)1. The person who served the notice maintains a
  495  registered or certified mail log that shows the registered or
  496  certified mail number issued by the United States Postal
  497  Service, the name and address of the person served, and the date
  498  stamp of the United States Postal Service confirming the date of
  499  mailing; or
  500         2. The person who served the notice maintains electronic
  501  tracking records approved or generated by the United States
  502  Postal Service containing the postal tracking number, the name
  503  and address of the person served, and verification of the date
  504  of receipt by the United States Postal Service.
  505         (3)(a) Notwithstanding subsection (1), service of a
  506  document under an instrument pursuant to this section is
  507  effective on the date of mailing or shipping and the
  508  requirements for service under this section have been satisfied
  509  the instrument if it:
  510         1. Is sent using one of the methods provided in paragraph
  511  (1)(b) to the last address shown in the notice of commencement
  512  or any amendment thereto or, in the absence of a notice of
  513  commencement, to the last address shown in the building permit
  514  application, or, in the absence of a notice of commencement and
  515  building permit application, to the last known address of the
  516  person to be served, unless otherwise specifically provided in
  517  this part, s. 255.05, or s. 337.18; and
  518         2. Is returned as being “refused,” “moved, not
  519  forwardable,” or “unclaimed,” or is otherwise not delivered or
  520  deliverable through no fault of the person serving the document
  521  item.
  522         (b) If the address shown in the notice of commencement or
  523  any amendment thereto to the notice of commencement, or, in the
  524  absence of a notice of commencement, in the building permit
  525  application, is incomplete for purposes of mailing or delivery,
  526  the person serving the document item may complete the address
  527  and properly format it according to United States Postal Service
  528  addressing standards using information obtained from the
  529  property appraiser or another public record without affecting
  530  the validity of service under this section.
  531         (4) A document notice served by a lienor on one owner or
  532  one partner of a partnership owning the real property is deemed
  533  served on notice to all owners and partners.
  534         Section 9. Subsections (6) and (8) of section 713.20,
  535  Florida Statutes, are amended to read:
  536         713.20 Waiver or release of liens.—
  537         (6) A person may not require a lienor to furnish a lien
  538  waiver or release of lien that is different from the forms in
  539  subsection (4) or subsection (5) in exchange for, or to induce
  540  payment of, a progress payment or final payment, unless the
  541  lienor has entered into a direct contract that requires the
  542  lienor to furnish a waiver or release that is different from the
  543  forms in subsection (4) or subsection (5).
  544         (8) Any provisions in a lien waiver or lien release that
  545  are is not related to the waiver or release of lien rights as
  546  provided in this section are unenforceable, unless the lienor
  547  has otherwise agreed to those provisions in the lienor’s direct
  548  contract substantially similar to the forms in subsections (4)
  549  and (5) is enforceable in accordance with the terms of the lien
  550  waiver or lien release.
  551         Section 10. Paragraph (d) of subsection (1) of section
  552  713.23, Florida Statutes, is amended to read:
  553         713.23 Payment bond.—
  554         (1)
  555         (d) In addition, a lienor who has not received payment for
  556  furnishing his or her labor, services, or materials must, as a
  557  condition precedent to recovery under the bond, serve a written
  558  notice of nonpayment on to the contractor and a copy of the
  559  notice on the surety. The notice must be under oath and served
  560  during the progress of the work or thereafter, but may not be
  561  served later than 90 days after the final furnishing of labor,
  562  services, or materials by the lienor, or, with respect to rental
  563  equipment, later than 90 days after the date the rental
  564  equipment was on the job site and available for use. A notice of
  565  nonpayment that includes sums for retainage must specify the
  566  portion of the amount claimed for retainage. The required notice
  567  satisfies this condition precedent with respect to the payment
  568  described in the notice of nonpayment, including unpaid finance
  569  charges due under the lienor’s contract, and with respect to any
  570  other payments which become due to the lienor after the date of
  571  the notice of nonpayment. The time period for serving a notice
  572  of nonpayment is shall be measured from the last day of
  573  furnishing labor, services, or materials by the lienor and may
  574  not be measured by other standards, such as the issuance of a
  575  certificate of occupancy or the issuance of a certificate of
  576  substantial completion. The failure of a lienor to receive
  577  retainage sums not in excess of 10 percent of the value of
  578  labor, services, or materials furnished by the lienor is not
  579  considered a nonpayment requiring the service of the notice
  580  provided under this paragraph. If the payment bond is not
  581  recorded before commencement of construction, the time period
  582  for the lienor to serve a notice of nonpayment may at the option
  583  of the lienor be calculated from the date specified in this
  584  section or the date the lienor is served a copy of the bond.
  585  However, the limitation period for commencement of an action on
  586  the payment bond as established in paragraph (e) may not be
  587  expanded. The negligent inclusion or omission of any information
  588  in the notice of nonpayment that has not prejudiced the
  589  contractor or surety does not constitute a default that operates
  590  to defeat an otherwise valid bond claim. A lienor who serves a
  591  fraudulent notice of nonpayment forfeits his or her rights under
  592  the bond. A notice of nonpayment is fraudulent if the lienor has
  593  willfully exaggerated the amount unpaid, willfully included a
  594  claim for work not performed or materials not furnished for the
  595  subject improvement, or prepared the notice with such willful
  596  and gross negligence as to amount to a willful exaggeration.
  597  However, a minor mistake or error in a notice of nonpayment, or
  598  a good faith dispute as to the amount unpaid, does not
  599  constitute a willful exaggeration that operates to defeat an
  600  otherwise valid claim against the bond. The service of a
  601  fraudulent notice of nonpayment is a complete defense to the
  602  lienor’s claim against the bond. The notice under this paragraph
  603  must include the following information, current as of the date
  604  of the notice, and must be in substantially the following form:
  605  
  606                        NOTICE OF NONPAYMENT                       
  607  
  608  To ...(name of contractor and address)...
  609  ...(name of surety and address)...
  610  
  611  The undersigned lienor notifies you that:
  612         1. The lienor has furnished ...(describe labor, services,
  613  or materials)... for the improvement of the real property
  614  identified as ...(property description).... The corresponding
  615  amount unpaid to date is $...., of which $.... is unpaid
  616  retainage.
  617         2. The lienor has been paid to date the amount of $.... for
  618  previously furnishing ...(describe labor, services, or
  619  materials)... for this improvement.
  620         3. The lienor expects to furnish ...(describe labor,
  621  services, or materials)... for this improvement in the future
  622  (if known), and the corresponding amount expected to become due
  623  is $.... (if known).
  624  
  625  I declare that I have read the foregoing Notice of Nonpayment
  626  and that the facts stated in it are true to the best of my
  627  knowledge and belief.
  628  
  629  DATED on ............, .........
  630  ...(signature and address of lienor)...
  631  STATE OF FLORIDA
  632  COUNTY OF........
  633  
  634  The foregoing instrument was sworn to (or affirmed) and
  635  subscribed before me by means of .... physical presence or sworn
  636  to (or affirmed) by .... online notarization this .... day of
  637  ...., ...(year)..., by ...(name of signatory)....
  638         ...(Signature of Notary Public - State of Florida)...
  639         ...(Print, Type, or Stamp Commissioned Name of Notary
  640  Public)...
  641  Personally Known ........ OR Produced Identification ........
  642  
  643  Type of Identification Produced.................................
  644  
  645         Section 11. Subsections (3) and (5) of section 713.235,
  646  Florida Statutes, are amended to read:
  647         713.235 Waivers of right to claim against payment bond;
  648  forms.—
  649         (3) A person may not require a claimant to furnish a waiver
  650  that is different from the forms in subsections (1) and (2) in
  651  exchange for, or to induce payment of, a progress payment or
  652  final payment, unless the claimant has entered into a direct
  653  contract that requires the claimant to furnish a waiver that is
  654  different from the forms in subsections (1) and (2).
  655         (5) Any provisions in a waiver that are is not related to
  656  the waiver of the right to claim against the payment bond as
  657  provided in this section are unenforceable, unless the claimant
  658  has otherwise agreed to those provisions in the claimant’s
  659  direct contract substantially similar to the forms in this
  660  section is enforceable in accordance with its terms.
  661         Section 12. Section 713.29, Florida Statutes, is amended to
  662  read:
  663         713.29 Attorney Attorney’s fees.—In any action brought to
  664  enforce a lien, including a lien that has been transferred to
  665  security, or to enforce a claim against a bond under this part,
  666  the prevailing party is entitled to recover a reasonable fee for
  667  the services of her or his attorney for trial and appeal or for
  668  arbitration, in an amount to be determined by the court, which
  669  fee must be taxed as part of the prevailing party’s costs, as
  670  allowed in equitable actions.
  671  
  672  ================= T I T L E  A M E N D M E N T ================
  673  And the title is amended as follows:
  674         Delete lines 2 - 3
  675  and insert:
  676         An act relating to construction; amending s. 255.05,
  677         F.S.; requiring that a copy of a notice of nonpayment
  678         be served on the surety; prohibiting a person from
  679         requiring a claimant to furnish a certain waiver in
  680         exchange for or to induce certain payments; providing
  681         that specified provisions in certain waivers are
  682         unenforceable; providing an exception; revising the
  683         process for notarizing a notice of nonpayment;
  684         requiring service of documents to be made in a
  685         specified manner; amending s. 337.18, F.S.; providing
  686         that certain waivers apply to certain contracts;
  687         requiring service of documents to be made in a
  688         specified manner; amending s. 713.01, F.S.; revising
  689         definitions; amending s. 713.09, F.S.; authorizing a
  690         lienor to record one claim of lien for multiple direct
  691         contracts; amending s. 713.10, F.S.; revising the
  692         extent of certain liens; amending s. 713.13, F.S.;
  693         revising information to be included in a notice of
  694         commencement; revising the process for notarizing a
  695         notice of commencement; amending s. 713.132, F.S.;
  696         revising requirements for a notice of termination;
  697         amending s. 713.18, F.S.; requiring service of
  698         documents relating to construction bonds to be made in
  699         a specified manner; making technical changes; amending
  700         ss. 713.20 and 713.235, F.S.; prohibiting a person
  701         from requiring a lienor to furnish a certain waiver or
  702         release in exchange for or to induce certain payments;
  703         providing that specified provisions in certain waivers
  704         or releases are unenforceable; providing an exception;
  705         amending s. 713.23, F.S.; requiring that a copy of a
  706         notice of nonpayment be served on the surety; revising
  707         the process for notarizing a notice of nonpayment
  708         under a payment bond; amending s. 713.29, F.S.;
  709         authorizing attorney fees in actions to enforce a lien
  710         that has been transferred to security; amending s.
  711         218.80, F.S.; revising