HB 0535CS

CHAMBER ACTION




1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to public construction bonds; amending s.
8255.05, F.S.; revising the form for a public construction
9bond; requiring all public construction bonds to be
10construed as statutory bonds; prohibiting conversion to
11common law bonds; deleting a requirement that bond forms
12used by public owners reference certain notice and time
13limitation provisions; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsections (3), (4), and (6) of section
18255.05, Florida Statutes, are amended to read:
19     255.05  Bond of contractor constructing public buildings;
20form; action by materialmen.--
21     (3)  The bond required in subsection (1) may be in
22substantially the following form:
23
24
PUBLIC CONSTRUCTION BOND
25
26Bond No.  (enter bond number)
27
28     BY THIS BOND, We _____, as Principal and _____, a
29corporation, as Surety, are bound to _____, herein called Owner,
30in the sum of $_____, for payment of which we bind ourselves,
31our heirs, personal representatives, successors, and assigns,
32jointly and severally.
33     THE CONDITION OF THIS BOND is that if Principal:
34     1.  Performs the contract dated _____, _____, between
35Principal and Owner for construction of _____, the contract
36being made a part of this bond by reference, at the times and in
37the manner prescribed in the contract; and
38     2.  Promptly makes payments to all claimants, as defined in
39Section 255.05(1), Florida Statutes, supplying Principal with
40labor, materials, or supplies, used directly or indirectly by
41Principal in the prosecution of the work provided for in the
42contract; and
43     3.  Pays Owner all losses, damages, expenses, costs, and
44attorney's fees, including appellate proceedings, that Owner
45sustains because of a default by Principal under the contract;
46and
47     4.  Performs the guarantee of all work and materials
48furnished under the contract for the time specified in the
49contract, then this bond is void; otherwise it remains in full
50force.
51     Any action instituted by a claimant under this bond for
52payment must be in accordance with the notice and time
53limitation provisions in subsection (2).
54     Any changes in or under the contract documents and
55compliance or noncompliance with any formalities connected with
56the contract or the changes does not affect Surety's obligation
57under this bond.
58
59     DATED ON _____, _____.
60
61...  (Name of Principal)  ...
62By ...  (As Attorney in Fact)  ...
63...  (Name of Surety)  ...
64
65     (4)  The payment provisions of All bonds required by
66furnished for public work contracts described in subsection (1)
67shall, regardless of form, be construed and deemed statutory
68bonds furnished pursuant to this section and such bonds shall
69not under any circumstances be converted into common law bonds
70bond provisions, subject to all requirements of subsection (2).
71     (6)  All bonds executed pursuant to this section shall make
72reference to this section by number and shall contain reference
73to the notice and time limitation provisions of this section.
74     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.