Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 504
       
       
       
       
       
       
                                Ì547446?Î547446                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  03/03/2020           .                                
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       The Committee on Rules (Perry) recommended the following:
       
    1         Senate Amendment to Amendment (627108) (with title
    2  amendment)
    3  
    4         Between lines 4 and 5
    5  insert:
    6         Section 1. Paragraphs (a), (d), and (f) of subsection (2)
    7  of section 255.05, Florida Statutes, are amended, and subsection
    8  (12) is added to that section, to read:
    9         255.05 Bond of contractor constructing public buildings;
   10  form; action by claimants.—
   11         (2)(a)1. If a claimant is no longer furnishing labor,
   12  services, or materials on a project, a contractor or the
   13  contractor’s agent or attorney may elect to shorten the time
   14  within which an action to enforce any claim against a payment
   15  bond must be commenced by recording in the clerk’s office a
   16  notice in substantially the following form:
   17  
   18                     NOTICE OF CONTEST OF CLAIM                    
   19                        AGAINST PAYMENT BOND                       
   20  
   21  To: ...(Name and address of claimant)...
   22  
   23         You are notified that the undersigned contests your notice
   24  of nonpayment, dated ............, ........, and served on the
   25  undersigned on ............, ........, and that the time within
   26  which you may file suit to enforce your claim is limited to 60
   27  days after the date of service of this notice.
   28  
   29         DATED on ............, .........
   30  
   31  Signed: ...(Contractor or Attorney)...
   32  
   33  The claim of a claimant upon whom such notice is served and who
   34  fails to institute a suit to enforce his or her claim against
   35  the payment bond within 60 days after service of such notice is
   36  extinguished automatically. The contractor or the contractor’s
   37  attorney shall serve a copy of the notice of contest on to the
   38  claimant at the address shown in the notice of nonpayment or
   39  most recent amendment thereto and shall certify to such service
   40  on the face of the notice and record the notice.
   41         2. A claimant, except a laborer, who is not in privity with
   42  the contractor shall, before commencing or not later than 45
   43  days after commencing to furnish labor, services, or materials
   44  for the prosecution of the work, serve the contractor with a
   45  written notice that he or she intends to look to the bond for
   46  protection. A claimant who is not in privity with the contractor
   47  and who has not received payment for furnishing his or her
   48  labor, services, or materials shall serve a written notice of
   49  nonpayment on the contractor and a copy of the notice on the
   50  surety. The notice of nonpayment shall be under oath and served
   51  during the progress of the work or thereafter but may not be
   52  served earlier than 45 days after the first furnishing of labor,
   53  services, or materials by the claimant or later than 90 days
   54  after the final furnishing of the labor, services, or materials
   55  by the claimant or, with respect to rental equipment, later than
   56  90 days after the date that the rental equipment was last on the
   57  job site available for use. Any notice of nonpayment served by a
   58  claimant who is not in privity with the contractor which
   59  includes sums for retainage must specify the portion of the
   60  amount claimed for retainage. An action for the labor, services,
   61  or materials may not be instituted against the contractor or the
   62  surety unless the notice to the contractor and notice of
   63  nonpayment have been served, if required by this section.
   64  Notices required or permitted under this section must be served
   65  in accordance with s. 713.18. A claimant may not waive in
   66  advance his or her right to bring an action under the bond
   67  against the surety. In any action brought to enforce a claim
   68  against a payment bond under this section, the prevailing party
   69  is entitled to recover a reasonable fee for the services of his
   70  or her attorney for trial and appeal or for arbitration, in an
   71  amount to be determined by the court, which fee must be taxed as
   72  part of the prevailing party’s costs, as allowed in equitable
   73  actions. The time periods for service of a notice of nonpayment
   74  or for bringing an action against a contractor or a surety are
   75  shall be measured from the last day of furnishing labor,
   76  services, or materials by the claimant and may not be measured
   77  by other standards, such as the issuance of a certificate of
   78  occupancy or the issuance of a certificate of substantial
   79  completion. The negligent inclusion or omission of any
   80  information in the notice of nonpayment that has not prejudiced
   81  the contractor or surety does not constitute a default that
   82  operates to defeat an otherwise valid bond claim. A claimant who
   83  serves a fraudulent notice of nonpayment forfeits his or her
   84  rights under the bond. A notice of nonpayment is fraudulent if
   85  the claimant has willfully exaggerated the amount unpaid,
   86  willfully included a claim for work not performed or materials
   87  not furnished for the subject improvement, or prepared the
   88  notice with such willful and gross negligence as to amount to a
   89  willful exaggeration. However, a minor mistake or error in a
   90  notice of nonpayment, or a good faith dispute as to the amount
   91  unpaid, does not constitute a willful exaggeration that operates
   92  to defeat an otherwise valid claim against the bond. The service
   93  of a fraudulent notice of nonpayment is a complete defense to
   94  the claimant’s claim against the bond. The notice of nonpayment
   95  under this subparagraph must include the following information,
   96  current as of the date of the notice, and must be in
   97  substantially the following form:
   98  
   99                        NOTICE OF NONPAYMENT                       
  100  
  101  To: ...(name of contractor and address)...
  102  
  103  ...(name of surety and address)...
  104  
  105  The undersigned claimant notifies you that:
  106         1. Claimant has furnished ...(describe labor, services, or
  107  materials)... for the improvement of the real property
  108  identified as ...(property description).... The corresponding
  109  amount unpaid to date is $...., of which $.... is unpaid
  110  retainage.
  111         2. Claimant has been paid to date the amount of $.... for
  112  previously furnishing ...(describe labor, services, or
  113  materials)... for this improvement.
  114         3. Claimant expects to furnish ...(describe labor,
  115  services, or materials)... for this improvement in the future
  116  (if known), and the corresponding amount expected to become due
  117  is $.... (if known).
  118  
  119  I declare that I have read the foregoing Notice of Nonpayment
  120  and that the facts stated in it are true to the best of my
  121  knowledge and belief.
  122  
  123  DATED on ............, .........
  124  ...(signature and address of claimant)...
  125  STATE OF FLORIDA
  126  COUNTY OF ........
  127  
  128  The foregoing instrument was sworn to (or affirmed) and
  129  subscribed before me by means of .... physical presence or sworn
  130  to (or affirmed) by .... online notarization this....day of
  131  ...., ...(year)..., by ...(name of signatory)....
  132         ...(Signature of Notary Public - State of Florida)...
  133         ...(Print, Type, or Stamp Commissioned Name of Notary
  134  Public)...
  135  
  136  Personally Known ........ OR Produced Identification ........
  137  
  138  Type of Identification Produced.................................
  139  
  140         (d) A person may not require a claimant to furnish a waiver
  141  that is different from the forms in paragraphs (b) and (c) in
  142  exchange for, or to induce payment of, a progress payment or
  143  final payment, unless the claimant has entered into a direct
  144  contract that requires the claimant to furnish a waiver that is
  145  different from the forms in paragraphs (b) and (c).
  146         (f) Any provisions in a waiver that are is not related to
  147  the waiver of right to claim against a payment bond as provided
  148  in this subsection are unenforceable, unless the claimant has
  149  otherwise agreed to those provisions in the claimant’s direct
  150  contract substantially similar to the forms in this subsection
  151  is enforceable in accordance with its terms.
  152         (12)Unless otherwise provided in this section, service of
  153  any document must be made in accordance with s. 713.18.
  154         Section 2. Paragraph (c) of subsection (1) of section
  155  337.18, Florida Statutes, is amended, and subsection (6) is
  156  added to that section, to read:
  157         337.18 Surety bonds for construction or maintenance
  158  contracts; requirement with respect to contract award; bond
  159  requirements; defaults; damage assessments.—
  160         (1)
  161         (c) A claimant, except a laborer, who is not in privity
  162  with the contractor shall, before commencing or not later than
  163  90 days after commencing to furnish labor, materials, or
  164  supplies for the prosecution of the work, furnish the contractor
  165  with a notice that he or she intends to look to the bond for
  166  protection. A claimant who is not in privity with the contractor
  167  and who has not received payment for his or her labor,
  168  materials, or supplies shall deliver to the contractor and to
  169  the surety written notice of the performance of the labor or
  170  delivery of the materials or supplies and of the nonpayment. The
  171  notice of nonpayment may be served at any time during the
  172  progress of the work or thereafter but not before 45 days after
  173  the first furnishing of labor, services, or materials, and not
  174  later than 90 days after the final furnishing of the labor,
  175  services, or materials by the claimant or, with respect to
  176  rental equipment, not later than 90 days after the date that the
  177  rental equipment was last on the job site available for use. An
  178  action by a claimant, except a laborer, who is not in privity
  179  with the contractor for the labor, materials, or supplies may
  180  not be instituted against the contractor or the surety unless
  181  both notices have been given. Notices required or permitted
  182  under this section may be served in any manner provided in s.
  183  713.18, and provisions for the waiver of right to claim against
  184  a payment bond contained in s. 713.235 apply to all contracts
  185  under this section.
  186         (6)Unless otherwise provided in this section, service of
  187  any document must be made in accordance with s. 713.18.
  188         Section 3. Subsections (8) and (26) of section 713.01,
  189  Florida Statutes, are amended to read:
  190         713.01 Definitions.—As used in this part, the term:
  191         (8) “Contractor” means a person other than a materialman or
  192  laborer who enters into a contract with the owner of real
  193  property for improving it, or who takes over from a contractor
  194  as so defined the entire remaining work under such contract. The
  195  term “contractor” includes an architect, landscape architect, or
  196  engineer who improves real property pursuant to a design-build
  197  contract authorized by s. 489.103(16). The term “contractor”
  198  also includes a licensed general contractor or building
  199  contractor, as those terms are defined in s. 489.105(3)(a) and
  200  (b), who provides construction management services, which
  201  include responsibility for scheduling and coordination in both
  202  preconstruction and construction phases and for the successful,
  203  timely, and economical completion of the construction project,
  204  or who provides program management services, which include
  205  responsibility for schedule control, cost control, and
  206  coordination in providing or procuring planning, design, and
  207  construction.
  208         (26) “Real property” means the land that is improved and
  209  the improvements thereon, including fixtures, except any such
  210  property owned by the state or any county, municipality, school
  211  board, or governmental agency, commission, or political
  212  subdivision. The term includes a private leasehold interest that
  213  is improved, and the improvements thereon, on land that is owned
  214  by the state or any county, municipality, school board, or
  215  governmental agency, commission, or political subdivision.
  216         Section 4. Section 713.09, Florida Statutes, is amended to
  217  read:
  218         713.09 Single claim of lien.—A lienor may is required to
  219  record only one claim of lien covering his or her entire demand
  220  against the real property when the amount demanded is for labor
  221  or services or material furnished for more than one improvement
  222  under the same direct contract or multiple direct contracts. The
  223  single claim of lien is sufficient even though the improvement
  224  is for one or more improvements located on separate lots,
  225  parcels, or tracts of land. If materials to be used on one or
  226  more improvements on separate lots, parcels, or tracts of land
  227  under one direct contract are delivered by a lienor to a place
  228  designated by the person with whom the materialman contracted,
  229  other than the site of the improvement, the delivery to the
  230  place designated is prima facie evidence of delivery to the site
  231  of the improvement and incorporation in the improvement. The
  232  single claim of lien may be limited to a part of multiple lots,
  233  parcels, or tracts of land and their improvements or may cover
  234  all of the lots, parcels, or tracts of land and improvements. If
  235  a In each claim of lien under this section is for multiple
  236  direct contracts, the owner under the direct contracts contract
  237  must be the same person for all lots, parcels, or tracts of land
  238  against which a single claim of lien is recorded.
  239         Section 5. Paragraph (b) of subsection (2) of section
  240  713.10, Florida Statutes, is amended, and subsection (4) is
  241  added to that section, to read:
  242         713.10 Extent of liens.—
  243         (2)
  244         (b) The interest of the lessor is not subject to liens for
  245  improvements made by the lessee when:
  246         1. The lease, or a short form or a memorandum of the lease
  247  that contains the specific language in the lease prohibiting
  248  such liability, is recorded in the official records of the
  249  county where the premises are located before the recording of a
  250  notice of commencement for improvements to the premises and the
  251  terms of the lease expressly prohibit such liability; or
  252         2. The terms of the lease expressly prohibit such
  253  liability, and a notice advising that leases for the rental of
  254  premises on a parcel of land prohibit such liability has been
  255  recorded in the official records of the county in which the
  256  parcel of land is located before the recording of a notice of
  257  commencement for improvements to the premises, and the notice
  258  includes the following:
  259         a. The name of the lessor.
  260         b. The legal description of the parcel of land to which the
  261  notice applies.
  262         c. The specific language contained in the various leases
  263  prohibiting such liability.
  264         d. A statement that all or a majority of the leases entered
  265  into for premises on the parcel of land expressly prohibit such
  266  liability.
  267         3.The lessee is a mobile home owner who is leasing a
  268  mobile home lot in a mobile home park from the lessor.
  269  
  270  A notice that is consistent with subparagraph 2. effectively
  271  prohibits liens for improvements made by a lessee even if other
  272  leases for premises on the parcel do not expressly prohibit
  273  liens or if provisions of each lease restricting the application
  274  of liens are not identical.
  275         (4)The interest of the lessor is not subject to liens for
  276  improvements made by the lessee when the lessee is a mobile home
  277  owner who is leasing a mobile home lot in a mobile home park
  278  from the lessor.
  279         Section 6. Paragraphs (a) and (d) of subsection (1) of
  280  section 713.13, Florida Statutes, are amended to read:
  281         713.13 Notice of commencement.—
  282         (1)(a) Except for an improvement that is exempt under
  283  pursuant to s. 713.02(5), an owner or the owner’s authorized
  284  agent before actually commencing to improve any real property,
  285  or recommencing completion of any improvement after default or
  286  abandonment, whether or not a project has a payment bond
  287  complying with s. 713.23, shall record a notice of commencement
  288  in the clerk’s office and forthwith post either a certified copy
  289  thereof or a notarized statement that the notice of commencement
  290  has been filed for recording along with a copy thereof. The
  291  notice of commencement shall contain the following information:
  292         1. A description sufficient for identification of the real
  293  property to be improved. The description should include the
  294  legal description of the property and also should include the
  295  street address and tax folio number of the property if available
  296  or, if there is no street address available, such additional
  297  information as will describe the physical location of the real
  298  property to be improved.
  299         2. A general description of the improvement.
  300         3. The name and address of the owner, the owner’s interest
  301  in the site of the improvement, and the name and address of the
  302  fee simple titleholder, if other than such owner.
  303         4.The name and address of the lessee, if the A lessee who
  304  contracts for the improvements as is an owner as defined in s.
  305  713.01 under s. 713.01(23) and must be listed as the owner
  306  together with a statement that the ownership interest is a
  307  leasehold interest.
  308         5.4. The name and address of the contractor.
  309         6.5. The name and address of the surety on the payment bond
  310  under s. 713.23, if any, and the amount of such bond.
  311         7.6. The name and address of any person making a loan for
  312  the construction of the improvements.
  313         8.7. The name and address within the state of a person
  314  other than himself or herself who may be designated by the owner
  315  as the person upon whom notices or other documents may be served
  316  under this part; and service upon the person so designated
  317  constitutes service upon the owner.
  318         (d) A notice of commencement must be in substantially the
  319  following form:
  320  
  321  Permit No.....                                 Tax Folio No.....
  322                       NOTICE OF COMMENCEMENT                      
  323  STATE OF FLORIDA State of....
  324  COUNTY OF County of....
  325  
  326  The undersigned hereby gives notice that improvement will be
  327  made to certain real property, and in accordance with Chapter
  328  713, Florida Statutes, the following information is provided in
  329  this Notice of Commencement.
  330         1. Description of property: ...(legal description of the
  331  property, and street address if available)....
  332         2. General description of improvement:.....
  333         3.a.Owner: ...(name and address)....
  334         b.Owner’s phone number:.....
  335         c.Name and address of fee simple titleholder (if different
  336  from Owner listed above):.....
  337         4.a.Lessee, if the lessee contracted for the improvements:
  338  ...(name and address)....
  339         b.Lessee’s phone number:..... owner information or Lessee
  340  information if the Lessee contracted for the improvement:
  341         a.Name and address:.....
  342         b.Interest in property:.....
  343         c.Name and address of fee simple titleholder (if different
  344  from Owner listed above):.....
  345         5.a.4.a. Contractor: ...(name and address)....
  346         b. Contractor’s phone number:.....
  347         6.5. Surety (if applicable, a copy of the payment bond is
  348  attached):
  349         a. Name and address:.....
  350         b. Phone number:.....
  351         c. Amount of bond: $.....
  352         7.a.6.a. Lender: ...(name and address)....
  353         b. Lender’s phone number:.....
  354         8.7. Persons within the State of Florida designated by
  355  Owner upon whom notices or other documents may be served as
  356  provided in by Section 713.13(1)(a)8. 713.13(1)(a)7., Florida
  357  Statutes:
  358         a. Name and address:.....
  359         b. Phone numbers of designated persons:.....
  360         9.a.8.a. In addition to himself or herself, Owner
  361  designates ............ of ............ to receive a copy of the
  362  Lienor’s Notice as provided in Section 713.13(1)(b), Florida
  363  Statutes.
  364         b. Phone number of person or entity designated by
  365  owner:.....
  366         10.9. Expiration date of notice of commencement (the
  367  expiration date will be 1 year after from the date of recording
  368  unless a different date is specified).....
  369  
  370  WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
  371  EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
  372  PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
  373  STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
  374  TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
  375  POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
  376  INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
  377  ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
  378  COMMENCEMENT.
  379  
  380  ...(Signature of Owner or Lessee, or Owner’s or Lessee’s
  381  Authorized Officer/Director/Partner/Manager)...
  382  ...(Signatory’s Title/Office)...
  383  
  384  The foregoing instrument was acknowledged before me by means of
  385  .... physical presence or sworn to (or affirmed) by .... online
  386  notarization this .... day of ...., ...(year)..., by ...(name of
  387  person)... as ...(type of authority, . . . e.g. officer,
  388  trustee, attorney in fact)... for ...(name of party on behalf of
  389  whom instrument was executed)....
  390  ...(Signature of Notary Public - State of Florida)...
  391  
  392  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  393  
  394         Personally Known .... OR Produced Identification ....
  395  
  396         Type of Identification Produced............
  397         Section 7. Subsections (1), (3), and (4) of section
  398  713.132, Florida Statutes, are amended to read:
  399         713.132 Notice of termination.—
  400         (1) An owner may terminate the period of effectiveness of a
  401  notice of commencement by executing, swearing to, and recording
  402  a notice of termination that contains:
  403         (a) The same information as the notice of commencement;
  404         (b) The official records’ recording office document book
  405  and page reference numbers and recording date affixed by the
  406  recording office on of the recorded notice of commencement;
  407         (c) A statement of the date as of which the notice of
  408  commencement is terminated, which date may not be earlier than
  409  30 days after the notice of termination is recorded;
  410         (d) A statement specifying that the notice applies to all
  411  the real property subject to the notice of commencement or
  412  specifying the portion of such real property to which it
  413  applies;
  414         (e) A statement that all lienors have been paid in full;
  415  and
  416         (f) A statement that the owner has, before recording the
  417  notice of termination, served a copy of the notice of
  418  termination on the contractor and on each lienor who has a
  419  direct contract with the owner or who has timely served a notice
  420  to owner, and a statement that the owner will serve a copy of
  421  the notice of termination on each lienor who timely serves a
  422  notice to owner after the notice of termination has been
  423  recorded. The owner is not required to serve a copy of the
  424  notice of termination on any lienor who has executed a waiver
  425  and release of lien upon final payment in accordance with s.
  426  713.20.
  427         (3) An owner may not record a notice of termination at any
  428  time after except after completion of construction, or after
  429  construction ceases before completion and all lienors have been
  430  paid in full or pro rata in accordance with s. 713.06(4).
  431         (4) If an owner or a contractor, by fraud or collusion,
  432  knowingly makes any fraudulent statement or affidavit in a
  433  notice of termination or any accompanying affidavit, the owner
  434  and the contractor, or either of them, as the case may be, is
  435  liable to any lienor who suffers damages as a result of the
  436  filing of the fraudulent notice of termination,; and any such
  437  lienor has a right of action for damages occasioned thereby.
  438         (5)(4) A notice of termination must be served before
  439  recording on each lienor who has a direct contract with the
  440  owner and on each lienor who has timely and properly served a
  441  notice to owner in accordance with this part before the
  442  recording of the notice of termination. A notice of termination
  443  must be recorded in the official records of the county in which
  444  the project is located. If properly served before recording in
  445  accordance with this subsection, the notice of termination
  446  terminates the period of effectiveness of the notice of
  447  commencement 30 days after the notice of termination is recorded
  448  in the official records is effective to terminate the notice of
  449  commencement at the later of 30 days after recording of the
  450  notice of termination or a later the date stated in the notice
  451  of termination as the date on which the notice of commencement
  452  is terminated. However, if a lienor, who began work under the
  453  notice of commencement before its termination, lacks a direct
  454  contract with the owner, and timely serves his or her notice to
  455  owner after the notice of termination has been recorded, the
  456  owner must serve a copy of the notice of termination upon such
  457  lienor, and the termination of the notice of commencement as to
  458  that lienor is effective 30 days after service of the notice of
  459  termination if the notice of termination has been served
  460  pursuant to paragraph (1)(f) on the contractor and on each
  461  lienor who has a direct contract with the owner or who has
  462  served a notice to owner.
  463         Section 8. Section 713.18, Florida Statutes, is amended to
  464  read:
  465         713.18 Manner of serving documents notices and other
  466  instruments.—
  467         (1) Unless otherwise specifically provided by law, service
  468  of any document notices, claims of lien, affidavits,
  469  assignments, and other instruments permitted or required under
  470  this part, s. 255.05, or s. 337.18, or copies thereof when so
  471  permitted or required, unless otherwise specifically provided in
  472  this part, must be made by one of the following methods:
  473         (a) By hand actual delivery to the person to be served; if
  474  a partnership, to one of the partners; if a corporation, to an
  475  officer, director, managing agent, or business agent; or, if a
  476  limited liability company, to a member or manager.
  477         (b) By common carrier delivery service or by registered,
  478  Global Express Guaranteed, or certified mail to the person to be
  479  served, with postage or shipping paid by the sender and with
  480  evidence of delivery, which may be in an electronic format.
  481         (c)By posting on the site of the improvement if service as
  482  provided by paragraph (a) or paragraph (b) cannot be
  483  accomplished.
  484         (2) Notwithstanding subsection (1), service of a notice to
  485  owner or a preliminary notice to contractor under this part, s.
  486  255.05, or s. 337.18, or s. 713.23 is effective as of the date
  487  of mailing and the requirements for service under this section
  488  have been satisfied if:
  489         (a) The notice is mailed by registered, Global Express
  490  Guaranteed, or certified mail, with postage prepaid, to the
  491  person to be served and addressed as prescribed at any of the
  492  addresses set forth in subsection (3);
  493         (b) The notice is mailed within 40 days after the date the
  494  lienor first furnishes labor, services, or materials; and
  495         (c)1. The person who served the notice maintains a
  496  registered or certified mail log that shows the registered or
  497  certified mail number issued by the United States Postal
  498  Service, the name and address of the person served, and the date
  499  stamp of the United States Postal Service confirming the date of
  500  mailing; or
  501         2. The person who served the notice maintains electronic
  502  tracking records approved or generated by the United States
  503  Postal Service containing the postal tracking number, the name
  504  and address of the person served, and verification of the date
  505  of receipt by the United States Postal Service.
  506         (3)(a) Notwithstanding subsection (1), service of a
  507  document under an instrument pursuant to this section is
  508  effective on the date of mailing or shipping and the
  509  requirements for service under this section have been satisfied
  510  the instrument if it:
  511         1. Is sent using one of the methods provided in paragraph
  512  (1)(b) to the last address shown in the notice of commencement
  513  or any amendment thereto or, in the absence of a notice of
  514  commencement, to the last address shown in the building permit
  515  application, or, in the absence of a notice of commencement and
  516  building permit application, to the last known address of the
  517  person to be served, unless otherwise specifically provided in
  518  this part, s. 255.05, or s. 337.18; and
  519         2. Is returned as being “refused,” “moved, not
  520  forwardable,” or “unclaimed,” or is otherwise not delivered or
  521  deliverable through no fault of the person serving the document
  522  item.
  523         (b) If the address shown in the notice of commencement or
  524  any amendment thereto to the notice of commencement, or, in the
  525  absence of a notice of commencement, in the building permit
  526  application, is incomplete for purposes of mailing or delivery,
  527  the person serving the document item may complete the address
  528  and properly format it according to United States Postal Service
  529  addressing standards using information obtained from the
  530  property appraiser or another public record without affecting
  531  the validity of service under this section.
  532         (4) A document notice served by a lienor on one owner or
  533  one partner of a partnership owning the real property is deemed
  534  served on notice to all owners and partners.
  535         Section 9. Subsections (6) and (8) of section 713.20,
  536  Florida Statutes, are amended to read:
  537         713.20 Waiver or release of liens.—
  538         (6) A person may not require a lienor to furnish a lien
  539  waiver or release of lien that is different from the forms in
  540  subsection (4) or subsection (5) in exchange for, or to induce
  541  payment of, a progress payment or final payment, unless the
  542  lienor has entered into a direct contract that requires the
  543  lienor to furnish a waiver or release that is different from the
  544  forms in subsection (4) or subsection (5).
  545         (8) Any provisions in a lien waiver or lien release that
  546  are is not related to the waiver or release of lien rights as
  547  provided in this section are unenforceable, unless the lienor
  548  has otherwise agreed to those provisions in the lienor’s direct
  549  contract substantially similar to the forms in subsections (4)
  550  and (5) is enforceable in accordance with the terms of the lien
  551  waiver or lien release.
  552         Section 10. Paragraph (d) of subsection (1) of section
  553  713.23, Florida Statutes, is amended to read:
  554         713.23 Payment bond.—
  555         (1)
  556         (d) In addition, a lienor who has not received payment for
  557  furnishing his or her labor, services, or materials must, as a
  558  condition precedent to recovery under the bond, serve a written
  559  notice of nonpayment on to the contractor and a copy of the
  560  notice on the surety. The notice must be under oath and served
  561  during the progress of the work or thereafter, but may not be
  562  served later than 90 days after the final furnishing of labor,
  563  services, or materials by the lienor, or, with respect to rental
  564  equipment, later than 90 days after the date the rental
  565  equipment was on the job site and available for use. A notice of
  566  nonpayment that includes sums for retainage must specify the
  567  portion of the amount claimed for retainage. The required notice
  568  satisfies this condition precedent with respect to the payment
  569  described in the notice of nonpayment, including unpaid finance
  570  charges due under the lienor’s contract, and with respect to any
  571  other payments which become due to the lienor after the date of
  572  the notice of nonpayment. The time period for serving a notice
  573  of nonpayment is shall be measured from the last day of
  574  furnishing labor, services, or materials by the lienor and may
  575  not be measured by other standards, such as the issuance of a
  576  certificate of occupancy or the issuance of a certificate of
  577  substantial completion. The failure of a lienor to receive
  578  retainage sums not in excess of 10 percent of the value of
  579  labor, services, or materials furnished by the lienor is not
  580  considered a nonpayment requiring the service of the notice
  581  provided under this paragraph. If the payment bond is not
  582  recorded before commencement of construction, the time period
  583  for the lienor to serve a notice of nonpayment may at the option
  584  of the lienor be calculated from the date specified in this
  585  section or the date the lienor is served a copy of the bond.
  586  However, the limitation period for commencement of an action on
  587  the payment bond as established in paragraph (e) may not be
  588  expanded. The negligent inclusion or omission of any information
  589  in the notice of nonpayment that has not prejudiced the
  590  contractor or surety does not constitute a default that operates
  591  to defeat an otherwise valid bond claim. A lienor who serves a
  592  fraudulent notice of nonpayment forfeits his or her rights under
  593  the bond. A notice of nonpayment is fraudulent if the lienor has
  594  willfully exaggerated the amount unpaid, willfully included a
  595  claim for work not performed or materials not furnished for the
  596  subject improvement, or prepared the notice with such willful
  597  and gross negligence as to amount to a willful exaggeration.
  598  However, a minor mistake or error in a notice of nonpayment, or
  599  a good faith dispute as to the amount unpaid, does not
  600  constitute a willful exaggeration that operates to defeat an
  601  otherwise valid claim against the bond. The service of a
  602  fraudulent notice of nonpayment is a complete defense to the
  603  lienor’s claim against the bond. The notice under this paragraph
  604  must include the following information, current as of the date
  605  of the notice, and must be in substantially the following form:
  606  
  607                        NOTICE OF NONPAYMENT                       
  608  
  609  To ...(name of contractor and address)...
  610  ...(name of surety and address)...
  611  
  612  The undersigned lienor notifies you that:
  613         1. The lienor has furnished ...(describe labor, services,
  614  or materials)... for the improvement of the real property
  615  identified as ...(property description).... The corresponding
  616  amount unpaid to date is $...., of which $.... is unpaid
  617  retainage.
  618         2. The lienor has been paid to date the amount of $.... for
  619  previously furnishing ...(describe labor, services, or
  620  materials)... for this improvement.
  621         3. The lienor expects to furnish ...(describe labor,
  622  services, or materials)... for this improvement in the future
  623  (if known), and the corresponding amount expected to become due
  624  is $.... (if known).
  625  
  626  I declare that I have read the foregoing Notice of Nonpayment
  627  and that the facts stated in it are true to the best of my
  628  knowledge and belief.
  629  
  630  DATED on ............, .........
  631  ...(signature and address of lienor)...
  632  STATE OF FLORIDA
  633  COUNTY OF........
  634  
  635  The foregoing instrument was sworn to (or affirmed) and
  636  subscribed before me by means of .... physical presence or sworn
  637  to (or affirmed) by .... online notarization this .... day of
  638  ...., ...(year)..., by ...(name of signatory)....
  639         ...(Signature of Notary Public - State of Florida)...
  640         ...(Print, Type, or Stamp Commissioned Name of Notary
  641  Public)...
  642  Personally Known ........ OR Produced Identification ........
  643  
  644  Type of Identification Produced.................................
  645  
  646         Section 11. Subsections (3) and (5) of section 713.235,
  647  Florida Statutes, are amended to read:
  648         713.235 Waivers of right to claim against payment bond;
  649  forms.—
  650         (3) A person may not require a claimant to furnish a waiver
  651  that is different from the forms in subsections (1) and (2) in
  652  exchange for, or to induce payment of, a progress payment or
  653  final payment, unless the claimant has entered into a direct
  654  contract that requires the claimant to furnish a waiver that is
  655  different from the forms in subsections (1) and (2).
  656         (5) Any provisions in a waiver that are is not related to
  657  the waiver of the right to claim against the payment bond as
  658  provided in this section are unenforceable, unless the claimant
  659  has otherwise agreed to those provisions in the claimant’s
  660  direct contract substantially similar to the forms in this
  661  section is enforceable in accordance with its terms.
  662         Section 12. Section 713.29, Florida Statutes, is amended to
  663  read:
  664         713.29 Attorney Attorney’s fees.—In any action brought to
  665  enforce a lien, including a lien that has been transferred to
  666  security, or to enforce a claim against a bond under this part,
  667  the prevailing party is entitled to recover a reasonable fee for
  668  the services of her or his attorney for trial and appeal or for
  669  arbitration, in an amount to be determined by the court, which
  670  fee must be taxed as part of the prevailing party’s costs, as
  671  allowed in equitable actions.
  672  
  673  ================= T I T L E  A M E N D M E N T ================
  674  And the title is amended as follows:
  675         Delete lines 383 - 384
  676  and insert:
  677         An act relating to construction; amending s. 255.05,
  678         F.S.; requiring that a copy of a notice of nonpayment
  679         be served on the surety; prohibiting a person from
  680         requiring a claimant to furnish a certain waiver in
  681         exchange for or to induce certain payments; providing
  682         that specified provisions in certain waivers are
  683         unenforceable; providing an exception; revising the
  684         process for notarizing a notice of nonpayment;
  685         requiring service of documents to be made in a
  686         specified manner; amending s. 337.18, F.S.; providing
  687         that certain waivers apply to certain contracts;
  688         requiring service of documents to be made in a
  689         specified manner; amending s. 713.01, F.S.; revising
  690         definitions; amending s. 713.09, F.S.; authorizing a
  691         lienor to record one claim of lien for multiple direct
  692         contracts; amending s. 713.10, F.S.; revising the
  693         extent of certain liens; amending s. 713.13, F.S.;
  694         revising information to be included in a notice of
  695         commencement; revising the process for notarizing a
  696         notice of commencement; amending s. 713.132, F.S.;
  697         revising requirements for a notice of termination;
  698         amending s. 713.18, F.S.; requiring service of
  699         documents relating to construction bonds to be made in
  700         a specified manner; making technical changes; amending
  701         ss. 713.20 and 713.235, F.S.; prohibiting a person
  702         from requiring a lienor to furnish a certain waiver or
  703         release in exchange for or to induce certain payments;
  704         providing that specified provisions in certain waivers
  705         or releases are unenforceable; providing an exception;
  706         amending s. 713.23, F.S.; requiring that a copy of a
  707         notice of nonpayment be served on the surety; revising
  708         the process for notarizing a notice of nonpayment
  709         under a payment bond; amending s. 713.29, F.S.;
  710         authorizing attorney fees in actions to enforce a lien
  711         that has been transferred to security; amending s.
  712         218.80, F.S.; revising