1 | The Committee on Local Government & Veterans' Affairs recommends |
2 | the following: |
3 |
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4 | Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to public construction bonds; amending s. |
8 | 255.05, F.S.; revising the form for a public construction |
9 | bond; requiring all public construction bonds to be |
10 | construed as statutory bonds; prohibiting conversion to |
11 | common law bonds; deleting a requirement that bond forms |
12 | used by public owners reference certain notice and time |
13 | limitation provisions; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Subsections (3), (4), and (6) of section |
18 | 255.05, Florida Statutes, are amended to read: |
19 | 255.05 Bond of contractor constructing public buildings; |
20 | form; action by materialmen.-- |
21 | (3) The bond required in subsection (1) may be in |
22 | substantially the following form: |
23 |
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24 | PUBLIC CONSTRUCTION BOND |
25 |
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26 | Bond No. (enter bond number) |
27 |
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28 | BY THIS BOND, We _____, as Principal and _____, a |
29 | corporation, as Surety, are bound to _____, herein called Owner, |
30 | in the sum of $_____, for payment of which we bind ourselves, |
31 | our heirs, personal representatives, successors, and assigns, |
32 | jointly and severally. |
33 | THE CONDITION OF THIS BOND is that if Principal: |
34 | 1. Performs the contract dated _____, _____, between |
35 | Principal and Owner for construction of _____, the contract |
36 | being made a part of this bond by reference, at the times and in |
37 | the manner prescribed in the contract; and |
38 | 2. Promptly makes payments to all claimants, as defined in |
39 | Section 255.05(1), Florida Statutes, supplying Principal with |
40 | labor, materials, or supplies, used directly or indirectly by |
41 | Principal in the prosecution of the work provided for in the |
42 | contract; and |
43 | 3. Pays Owner all losses, damages, expenses, costs, and |
44 | attorney's fees, including appellate proceedings, that Owner |
45 | sustains because of a default by Principal under the contract; |
46 | and |
47 | 4. Performs the guarantee of all work and materials |
48 | furnished under the contract for the time specified in the |
49 | contract, then this bond is void; otherwise it remains in full |
50 | force. |
51 | Any action instituted by a claimant under this bond for |
52 | payment must be in accordance with the notice and time |
53 | limitation provisions in subsection (2). |
54 | Any changes in or under the contract documents and |
55 | compliance or noncompliance with any formalities connected with |
56 | the contract or the changes does not affect Surety's obligation |
57 | under this bond. |
58 |
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59 | DATED ON _____, _____. |
60 |
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61 | ... (Name of Principal) ... |
62 | By ... (As Attorney in Fact) ... |
63 | ... (Name of Surety) ... |
64 |
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65 | (4) The payment provisions of All bonds required by |
66 | furnished for public work contracts described in subsection (1) |
67 | shall, regardless of form, be construed and deemed statutory |
68 | bonds furnished pursuant to this section and such bonds shall |
69 | not under any circumstances be converted into common law bonds |
70 | bond provisions, subject to all requirements of subsection (2). |
71 | (6) All bonds executed pursuant to this section shall make |
72 | reference to this section by number and shall contain reference |
73 | to the notice and time limitation provisions of this section. |
74 | Section 2. This act shall take effect upon becoming a law. |