HOUSE AMENDMENT
                                         Bill No. HB 427, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Smith offered the following:
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13         Amendment (with title amendment) 
14         On page 1, line 11,
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16  insert:  
17         Section 1.  Subsection (9) is added to section 199.185,
18  Florida Statutes, to read:
19         199.185  Property exempted from annual and nonrecurring
20  taxes.--
21         (9)(a)  Notes, bonds, or other obligations secured by
22  mortgages or liens given to secure the performance of an
23  indemnitor in an amount less than $2 million to a surety by
24  insurance companies licensed in this state when such surety is
25  issued for the following purposes:
26         1.  Construction bid bonds,
27         2.  Construction performance bonds,
28         3.  Construction payment bonds,
29         4.  Construction licenses,
30         5.  Permits,
31         6.  Court bonds, or
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    File original & 9 copies    03/21/02                          
    hbd0001                     11:01 am         00427-0093-513145

HOUSE AMENDMENT Bill No. HB 427, 1st Eng. Amendment No. ___ (for drafter's use only) 1 7. Bail bonds 2 3 are exempt from the tax imposed under this chapter at the time 4 of recording the mortgage, deed of trust, or lien. The clerk 5 of the court shall accept such recordings at the time of 6 submittal and such mortgage or lien shall have a priority as 7 of the date of recording over any subsequent filings by other 8 parties notwithstanding that the enforcement of the recorded 9 mortgage or lien on the indemnity may come subsequent to the 10 later recording and any action against the indemnitor 11 affecting said mortgage or lien shall provide notice to the 12 insurance company. 13 (b) Upon exercise of the rights under the mortgage or 14 lien, all applicable taxes due pursuant to this chapter shall 15 become due and payable as if the mortgage or lien were 16 initially executed and recorded without this exemption. 17 (c) Failure to pay tax at time of exercise shall not 18 affect the mortgage or lien, but any person who willfully 19 violates or fails to comply with this subsection is subject to 20 the penalties set forth in s. 199.282. 21 Section 2. Subsection (5) is added to section 201.23, 22 Florida Statutes, to read: 23 201.23 Foreign notes and other written obligations 24 exempt.-- 25 (5)(a) Mortgages, trust deeds, liens, or security 26 agreements filed or recorded to secure the performance of an 27 indemnitor to a surety in an amount less than $2 million by 28 insurance companies licensed in this state when such surety is 29 issued for the following purposes: 30 1. Construction bid bonds, 31 2. Construction performance bonds, 2 File original & 9 copies 03/21/02 hbd0001 11:01 am 00427-0093-513145
HOUSE AMENDMENT Bill No. HB 427, 1st Eng. Amendment No. ___ (for drafter's use only) 1 3. Construction payment bonds, 2 4. Construction licenses, 3 5. Permits, 4 6. Court bonds, or 5 7. Bail bonds 6 7 are exempt from the tax imposed under this chapter at the time 8 of recording the mortgage or lien. The clerk of the court 9 shall accept such recordings at the time of submittal and such 10 mortgage or lien shall have a priority as of the date of 11 recording over any subsequent filings by other parties 12 notwithstanding that the enforcement of the recorded mortgage 13 or lien on the indemnity may occur after the later recording 14 and any action against the indemnitor affecting said mortgage 15 or provides notice to the insurance company. 16 (b) Upon exercise of the rights under the mortgage or 17 lien, all applicable taxes due pursuant to this chapter shall 18 become due and payable as if the mortgage or lien were 19 initially executed and recorded without this exemption. 20 (c) Failure to pay any tax at time of exercise shall 21 result in the penalties set forth in this chapter for failure 22 to pay the tax. 23 Section 3. Section 210.08, Florida Statutes, is 24 amended to read: 25 210.08 Bond for payment of taxes.--Each dealer, agent, 26 or distributing agent shall file with the division a surety 27 bond, certificate of deposit, or irrevocable letter of credit 28 acceptable to the division in the sum of $10,000 as surety for 29 the payment of all taxes; provided, however, that where in the 30 discretion of the division the amount of business done by the 31 dealer, agent, or distributing agent is of such volume that a 3 File original & 9 copies 03/21/02 hbd0001 11:01 am 00427-0093-513145
HOUSE AMENDMENT Bill No. HB 427, 1st Eng. Amendment No. ___ (for drafter's use only) 1 bond, certificate of deposit, or irrevocable letter of credit 2 of less than $10,000 will be adequate to secure the payment of 3 all taxes assessed as authorized by the cigarette tax law, the 4 division may accept a bond, certificate of deposit, or 5 irrevocable letter of credit in a lesser sum than $10,000, but 6 in no event shall it accept a bond, certificate of deposit, or 7 irrevocable letter of credit of less than $1,000, and it may 8 at any time in its discretion require any bond, certificate of 9 deposit, or irrevocable letter of credit in an amount less 10 than $10,000 to be increased not to exceed $10,000. 11 Section 4. Subsection (3) of section 255.05, Florida 12 Statutes, is amended to read: 13 255.05 Bond of contractor constructing public 14 buildings; form; action by materialmen.-- 15 (3) The bond required in subsection (1) shall be in 16 the following form, and any deviation of the bond required by 17 the public owner or furnished by the contractor shall be 18 disregarded may be in substantially the following form: 19 20 PUBLIC CONSTRUCTION BOND 21 22 BY THIS BOND, We .... enter name principal business 23 address, and telephone number of contractor , as Principal and 24 enter name, principal business address, and telephone number 25 of surety ...., a corporation, authorized to do business in 26 Florida as a surety insurer, as Surety, are bound to .... 27 enter name, principal business address, and telephone number 28 of public owner , herein called Owner, in the sum of 29 $.... enter contract amount as penal sum of bond , for payment 30 of which we bind ourselves, our heirs, personal 31 representatives, successors, and assigns, jointly and 4 File original & 9 copies 03/21/02 hbd0001 11:01 am 00427-0093-513145
HOUSE AMENDMENT Bill No. HB 427, 1st Eng. Amendment No. ___ (for drafter's use only) 1 severally. 2 3 WHEREAS, Principal has entered into a contract with 4 Owner for .... enter description of project sufficient to 5 identify it such as a legal description of property, the 6 street address of property, and a general description of the 7 improvement to be constructed , which is Owner's Contract No. 8 .... enter contract number belonging to .... enter name, 9 principal business address, and telephone number of owner of 10 property if different from the contract public entity 11 (hereinafter the Project); and 12 13 WHEREAS, this Bond is given to meet the requirements of 14 Section 255.05, Florida Statutes, which shall control the 15 respective rights and obligations of the Principal, Surety, 16 Owner, and any claimant. 17 18 NOW, THEREFORE, THE CONDITION OF THIS BOND is that if 19 Principal: 20 1. Performs the contract dated ...., ...., enter date 21 of contract between Principal and Owner for construction of 22 the Project ...., the contract being made a part of this bond 23 by reference, at the times and in the manner prescribed in the 24 contract; and 25 2. Promptly makes payments to all claimants, as 26 defined in Section 255.05(1), Florida Statutes, supplying 27 Principal with labor, materials, or supplies, used directly or 28 indirectly by Principal in the prosecution of the work 29 provided for in the contract; and 30 3. Pays Owner all losses, damages, expenses, costs, 31 and attorney's fees, including appellate proceedings, that 5 File original & 9 copies 03/21/02 hbd0001 11:01 am 00427-0093-513145
HOUSE AMENDMENT Bill No. HB 427, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Owner sustains because of a default by Principal under the 2 contract; and 3 4. Performs the guarantee of all work and materials 4 furnished under the contract for the time specified in the 5 contract, then this bond is void; otherwise it remains in full 6 force. 7 Any changes in or under the contract documents and 8 compliance or noncompliance with any formalities connected 9 with the contract or the changes does not affect Surety's 10 obligation under this bond. 11 12 DATED ON ...., ..... 13 ...(Date of Bond)... 14 ...(Name of Principal)... 15 By ...(As Authorized Attorney in Fact)... 16 ...(Name of Surety)... 17 18 Section 5. Subsection (3) of section 713.24, Florida 19 Statutes, is amended to read: 20 713.24 Transfer of liens to security.-- 21 (3) Any party having an interest in such security or 22 the property from which the lien was transferred may at any 23 time, and any number of times, file a complaint in chancery in 24 the circuit court of the county where such security is 25 deposited, or file a motion in a pending action to enforce a 26 lien, for an order to require additional security, reduction 27 of security, change or substitution of sureties, payment of 28 discharge thereof, or any other matter affecting the said 29 security. If the court finds that the amount of the deposit or 30 bond in excess of the amount claimed in the claim of lien is 31 insufficient to pay the lienor's attorney's fees and court 6 File original & 9 copies 03/21/02 hbd0001 11:01 am 00427-0093-513145
HOUSE AMENDMENT Bill No. HB 427, 1st Eng. Amendment No. ___ (for drafter's use only) 1 costs incurred in the action to enforce the lien, the court 2 must increase the amount of the cash deposit or lien transfer 3 bond. However, the surety has no liability in excess of the 4 lien transfer bond filed with the clerk unless it provides a 5 new or amended bond. 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 1, lines 2 & 3, 11 remove: all of said lines 12 13 and insert: 14 An act relating to sureties; amending ss. 15 199.185, 201.23, F.S.; exempting certain 16 mortgages and liens from the intangible 17 personal property tax and the excise tax on 18 documents at time of recording; providing that 19 those taxes become due upon exercise of rights 20 under the mortgage or lien; providing penalties 21 for failure to pay those taxes when due; 22 amending s. 210.08, F.S.; providing methods 23 other than a bond for dealers, agents, or 24 distributing agents to guarantee tax payment to 25 the Division of Alcoholic Beverages and Tobacco 26 of the Department of Business and Professional 27 Regulation; amending s. 255.05, F.S.; requiring 28 public construction bonds to be the same as the 29 statutory form; revising the statutory form; 30 amending s. 713.24, F.S.; providing that 31 sureties have no liability in excess of a lien 7 File original & 9 copies 03/21/02 hbd0001 11:01 am 00427-0093-513145
HOUSE AMENDMENT Bill No. HB 427, 1st Eng. Amendment No. ___ (for drafter's use only) 1 transfer bond; providing an exception; amending 2 ss. 255.05, and 287.057, F.S.; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 File original & 9 copies 03/21/02 hbd0001 11:01 am 00427-0093-513145