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A bill to be entitled |
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An act relating to high-speed rail system surety bonds; |
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creating s. 341.843, F.S.; providing that contractors |
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entering into specified contracts with the Florida High- |
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Speed Rail Authority must provide a performance and |
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payment bond in an amount determined by the authority; |
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providing requirements with respect to such surety bonds; |
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amending ss. 255.05 and 337.18, F.S.; specifying that |
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surety bonds for construction of a high-speed rail system |
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authorized pursuant to the Florida High-Speed Rail |
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Authority Act shall be governed by the provisions of s. |
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341.843, F.S.; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 341.843, Florida Statutes, is created |
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to read: |
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341.843 Surety bonds; requirements.--
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(1) The authority shall require, upon entering into a DBOM |
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or DBOM&F contract, that the contractor provide a performance |
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and payment bond in an amount determined by the authority.
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(2) Prior to the commencement of any construction work by |
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a contractor under a DBOM or DBOM&F contract with the authority, |
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the contractor shall provide to the authority a payment and |
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performance bond that covers 100 percent of the costs of the |
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construction. However, if such level of surety is not |
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commercially available, the authority, notwithstanding ss. |
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255.05 and 337.18, may require a monetary surety amount of less |
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than 100 percent of such costs or may authorize that surety |
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bonds be provided on a phased basis. Such bond shall be |
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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 prompt payment of 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.
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(3) The surety on such bonds shall be from a surety |
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company authorized to do business in the state. All surety bonds |
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shall be payable to the authority and conditioned for the |
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prompt, faithful, and efficient performance of the contract |
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according to plans and specifications and within the time period |
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specified, and for the prompt payment of all persons furnishing |
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labor, material, equipment, and supplies therefor.
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(4) A payment and performance bond required under this |
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section may be substantially in the form provided in s. |
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255.05(3). |
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Section 2. Subsection (10) is added to section 255.05, |
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Florida Statutes, 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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(10) Surety bonds for construction of a high-speed rail |
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system authorized pursuant to the Florida High-Speed Rail |
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Authority Act shall be governed by the provisions of s. 341.843. |
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Section 3. Subsection (6) is added to section 337.18, |
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Florida Statutes, to read: |
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337.18 Surety bonds for construction or maintenance |
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contracts; requirement with respect to contract award; bond |
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requirements; defaults; damage assessments.-- |
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(6) Surety bonds for construction of a high-speed rail |
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system authorized pursuant to the Florida High-Speed Rail |
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Authority Act shall be governed by the provisions of s. 341.843. |
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Section 4. This act shall take effect July 1, 2004. |