HOUSE AMENDMENT |
Bill No. HB 485 |
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CHAMBER ACTION |
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Representative Jennings offered the following: |
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Amendment (with directory and title amendments) |
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Remove line(s) 8-82, and insert: |
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Section 1. Paragraph (a) of subsection (1) and subsections |
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(3) and (6) of section 255.05, Florida Statutes, are amended, |
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and subsection (4) of said section is reenacted, to read: |
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255.05 Bond of contractor constructing public buildings; |
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form; action by materialmen.-- |
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(1)(a) Any person entering into a formal contract with the |
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state or any county, city, or political subdivision thereof, or |
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other public authority, for the construction of a public |
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building, for the prosecution and completion of a public work, |
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or for repairs upon a public building or public work shall be |
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required, before commencing the work or before recommencing the |
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work after a default or abandonment, to execute, deliver to the |
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public owner, and record in the public records of the county |
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where the improvement is located, a payment bond and a |
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performance bond with a surety insurer authorized to do business |
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in this state as surety. A public entity may not require a |
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contractor to secure a surety bond under this section from a |
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specific agent or bonding company. EachThebond must state on |
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its front page: the name, principal business address, and phone |
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number of the contractor, the surety, the owner of the property |
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being improved, and, if different from the owner, the |
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contracting public entity; the contract number assigned by the |
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contracting public entity; and a description of the project |
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sufficient to identify it, such as a legal description or the |
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street address of the property being improved, and a general |
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description of the improvement. The performanceSuchbond shall |
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be conditioned upon the contractor's performance of the |
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construction work in the time and manner prescribed in the |
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contract, and the payment bond shall be conditioned upon the |
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contractorpromptly making payments to all persons defined in s. |
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713.01 who furnish labor, services, or materials for the |
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prosecution of the work provided for in the contract. Any |
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claimant may apply to the governmental entity having charge of |
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the work for copies of the contract and the paymentbond and |
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shall thereupon be furnished with a certified copy of the |
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contract and the paymentbond. The claimant shall have a right |
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of action against the contractor and surety for the amount due |
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him or her, including unpaid finance charges due under the |
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claimant's contract. Such action shall not involve the public |
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authority in any expense. When such work is done for the state |
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and the contract is for $100,000 or less, no payment orand |
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performance bond shall be required. At the discretion of the |
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official or board awarding such contract when such work is done |
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for any county, city, political subdivision, or public |
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authority, any person entering into such a contract which is for |
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$200,000 or less may be exempted from executing the payment and |
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performance bonds required by this sectionbond. When such work |
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is done for the state, the Secretary of the Department of |
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Management Services may delegate to state agencies the authority |
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to exempt any person entering into such a contract amounting to |
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more than $100,000 but less than $200,000 from executing the |
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payment and performance bonds required by this sectionbond. In |
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the event such exemption is granted, the officer or officials |
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shall not be personally liable to persons suffering loss because |
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of granting such exemption. The Department of Management |
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Services shall maintain information on the number of requests by |
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state agencies for delegation of authority to waive the bond |
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requirements by agency and project number and whether any |
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request for delegation was denied and the justification for the |
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denial. |
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(3)(a) The performancebond required in subsection (1) may |
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be in substantially the following form: |
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PUBLIC CONSTRUCTION PERFORMANCEBOND |
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Bond No. (enter bond number)
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BY THIS BOND, We, _____(enter name, principal business |
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address, and telephone number of contractor) , as Principal, |
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and _____(enter name, principal business address, and telephone |
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number of surety) , a corporation authorized to do business |
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in Florida as a surety insurer, as Surety, are bound to |
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_____(enter name, principal business address, and telephone |
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number of public owner) , hereinafterhereincalled Owner, |
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in the sum of $_____(enter contract amount as penal sum of bond) |
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, for payment of which the Principal and each individually named |
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surety binds itself and itswe bind ourselves, ourheirs, |
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personal representatives, successors, and assigns, jointly and |
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severally. |
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WHEREAS, Principal has entered into a contract with Owner |
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for ...(enter description of project sufficient to identify it, |
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such as a legal description of property, the street address of |
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property, and a general description of the improvement to be |
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constructed)..., which is Owner's contract No. ...(enter |
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contract number)... belonging to ...(enter name, principal |
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business address, and telephone number of owner of property if |
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different from the contracting public entity)...; and
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WHEREAS, the Bond is given to meet the requirements of the |
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contract and Section 255.05, Florida Statutes, and the |
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respective rights and obligations of the Principal, Surety, and |
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Owner shall be controlled by the contract and Section 255.05, |
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Florida Statutes.
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NOW, THEREFORE,THE CONDITION OF THIS BOND is that if |
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Principal: |
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1. Performs the contract dated _____(enter date of |
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contract) , _____,between Principal and Owner for |
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construction of ___the Project__, the contract being made a part |
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of this bond by reference, at the times and in the manner |
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prescribed in the contract; and |
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2. Promptly makes payments to all claimants, as defined in |
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Section 255.05(1), Florida Statutes, supplying Principal with |
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labor, materials, or supplies, used directly or indirectly by |
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Principal in the prosecution of the work provided for in the |
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contract; and
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2.3. Pays Owner all losses, damages as defined in the |
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contract, expenses, costs, and attorney's fees, including |
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appellate proceedings, that Owner sustains because of a default |
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by Principal under the contract; and |
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3.4.Performs the guarantee of all work and materials |
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furnished under the contract for the time specified in the |
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contract, then this bond is void; otherwise it remains in full |
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force. |
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NO RIGHT OF ACTION SHALL ACCRUE ON THIS BOND TO, OR FOR THE |
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BENEFIT OR USE OF, ANY PERSON OR CORPORATION OTHER THAN . . . |
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(enter the name of public owner) . . ., THE OWNER, ITS |
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SUCCESSORS, AND ASSIGNS. |
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Any changes in or under the contract documents and compliance or |
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noncompliance with any formalities connected with the contract |
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or the changes does not affect Surety's obligation under this |
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bond. |
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DATED ON _____, _____(enter date of bond) . |
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... (entername of Principal) ... |
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By ... (enter name of its authorized officer)(As Attorney in |
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Fact)... |
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... (enter name of Surety) ...
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By ... (its authorized Attorney-in-Fact)
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(b) The payment bond required in subsection (1) may be in |
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substantially the following form:
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PUBLIC CONSTRUCTION PAYMENT BOND
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Bond No. (enter bond number)
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BY THIS BOND, We, _____(enter name, principal business |
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address, and telephone number of contractor) , as Principal, |
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and _____(enter name, principal business address, and telephone |
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number of surety) , a corporation authorized to do business |
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in Florida as a surety insurer, as Surety, are bound to |
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_____(enter name, principal business address, and telephone |
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number of public owner) , hereinafter called Owner, in the |
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sum of $_____(enter contract amount as penal sum of bond) , |
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for payment of which the Principal and each individually named |
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surety binds itself and its heirs, personal representatives, |
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successors, and assigns, jointly and severally.
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WHEREAS, Principal has entered into a contract with Owner |
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for ...(enter description of project sufficient to identify it, |
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such as a legal description of property, the street address of |
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property, and a general description of the improvement to be |
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constructed)..., which is Owner's contract No. ...(enter |
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contract number)... belonging to ...(enter name, principal |
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business address, and telephone number of owner of property if |
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different from the contracting public entity)...; and
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WHEREAS, the Bond is given to meet the requirements of the |
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contract and Section 255.05, Florida Statutes, and the |
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respective rights and obligations of the Principal, Surety, |
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Owner, and any Claimant shall be controlled by Section 255.05, |
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Florida Statutes, including specifically the notice and time |
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limitation provisions of Section 255.05(2), Florida Statutes.
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NOW, THEREFORE, THE CONDITION OF THIS BOND is that if |
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Principal:
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1. Performs the contract dated _____(enter date of |
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contract) , between Principal and Owner for construction of |
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___the Project__, the contract being made a part of this bond by |
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reference, at the times and in the manner prescribed in the |
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contract; and
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2. Pays Owner all losses, damages as defined in the |
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contract, expenses, costs, and attorney's fees, including |
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appellate proceedings, that Owner sustains because of a default |
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by Principal under the contract; and
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3. Promptly makes payments to all claimants, as defined in |
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Section 255.05(1), Florida Statutes, supplying Principal with |
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labor, materials, or supplies, used directly or indirectly by |
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Principal in the prosecution of the work provided for in the |
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contract, then this bond is void; otherwise, it remains in full |
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force, subject, however, to the following conditions:
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a. No action for labor, materials, or supplies may be |
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instituted against the Principal or the Surety unless the |
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notices required under Section 255.05(2), Florida Statutes, have |
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been given; and
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b. Any action under this Bond must be instituted in |
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accordance with the notice and time limitation provisions |
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prescribed in Section 255.05(2), Florida Statutes.
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Any changes in or under the contract documents and compliance or |
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noncompliance with any formalities connected with the contract |
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or the changes does not affect Surety's obligation under this |
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bond.
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DATED ON _____, _____(enter date of bond) .
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... (enter name of Principal) ...
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By ... (enter name of its authorized officer) ...
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... (enter name of Surety) ...
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By ... (its authorized Attorney-in-Fact)
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(4) The payment provisions of all bonds furnished for |
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public work contracts described in subsection (1) shall, |
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regardless of form, be construed and deemed statutory bond |
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provisions, subject to all requirements of subsection (2). |
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(6) The notice and time limitation provisions of |
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subsection (2) shall apply to all payment bonds furnished for |
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public building and public work contracts described in |
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subsection (1), and any deviation from such requirements |
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contained in the bond form used by the public owner or furnished |
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by the contractor shall be disregardedAll bonds executed |
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pursuant to this section shall make reference to this section by |
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number and shall contain reference to the notice and time |
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limitation provisions of this section. |
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================= T I T L E A M E N D M E N T ================= |
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Remove line(s) 3-4, and insert: |
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255.05, F.S.; providing for forms for public performance |
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construction bonds and payment construction bonds for |
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public work contracts; describing form of said public |
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construction bonds; reenacting s. 255.05(4), F.S.; |
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requiring payment bond provisions to be construed as |
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statutory bonds; providing that deviations from the notice |
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and time limitations in s. 255.05(2), F.S., in bond forms |
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must be disregarded; providing an effective date. |