Senate Bill sb2090

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    Florida Senate - 2007                                  SB 2090

    By Senator Deutch





    30-1225-07

  1                      A bill to be entitled

  2         An act relating to payment and performance

  3         bonds for public building construction;

  4         amending s. 255.05, F.S.; increasing from

  5         $200,000 to $500,000 the value of such a

  6         contract for a county, municipality, political

  7         subdivision, or public authority which may be

  8         exempted from the requirement to execute a

  9         payment and performance bond; providing an

10         effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Subsection (1) of section 255.05, Florida

15  Statutes, is amended to read:

16         255.05  Bond of contractor constructing public

17  buildings; form; action by materialmen.--

18         (1)(a)  Any person entering into a formal contract with

19  the state or any county, city, or political subdivision

20  thereof, or other public authority, for the construction of a

21  public building, for the prosecution and completion of a

22  public work, or for repairs upon a public building or public

23  work shall be required, before commencing the work or before

24  recommencing the work after a default or abandonment, to

25  execute, deliver to the public owner, and record in the public

26  records of the county where the improvement is located, a

27  payment and performance bond with a surety insurer authorized

28  to do business in this state as surety. A public entity may

29  not require a contractor to secure a surety bond under this

30  section from a specific agent or bonding company. The bond

31  must state on its front page: the name, principal business

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    Florida Senate - 2007                                  SB 2090
    30-1225-07




 1  address, and phone number of the contractor, the surety, the

 2  owner of the property being improved, and, if different from

 3  the owner, the contracting public entity; the contract number

 4  assigned by the contracting public entity; and a description

 5  of the project sufficient to identify it, such as a legal

 6  description or the street address of the property being

 7  improved, and a general description of the improvement. Such

 8  bond shall be conditioned upon the contractor's performance of

 9  the construction work in the time and manner prescribed in the

10  contract and promptly making payments to all persons defined

11  in s. 713.01 who furnish labor, services, or materials for the

12  prosecution of the work provided for in the contract. Any

13  claimant may apply to the governmental entity having charge of

14  the work for copies of the contract and bond and shall

15  thereupon be furnished with a certified copy of the contract

16  and bond. The claimant shall have a right of action against

17  the contractor and surety for the amount due him or her,

18  including unpaid finance charges due under the claimant's

19  contract. Such action shall not involve the public authority

20  in any expense. When such work is done for the state and the

21  contract is for $100,000 or less, no payment and performance

22  bond shall be required. At the discretion of the official or

23  board awarding such contract when such work is done for any

24  county, city, political subdivision, or public authority, any

25  person entering into such a contract which is for $500,000

26  $200,000 or less may be exempted from executing the payment

27  and performance bond. When such work is done for the state,

28  the Secretary of the Department of Management Services may

29  delegate to state agencies the authority to exempt any person

30  entering into such a contract amounting to more than $100,000

31  but less than $200,000 from executing the payment and

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    Florida Senate - 2007                                  SB 2090
    30-1225-07




 1  performance bond. In the event such exemption is granted, the

 2  officer or officials shall not be personally liable to persons

 3  suffering loss because of granting such exemption. The

 4  Department of Management Services shall maintain information

 5  on the number of requests by state agencies for delegation of

 6  authority to waive the bond requirements by agency and project

 7  number and whether any request for delegation was denied and

 8  the justification for the denial. Any provision in a payment

 9  bond furnished for public work contracts as provided by this

10  subsection which restricts the classes of persons as defined

11  in s. 713.01 protected by the bond or the venue of any

12  proceeding relating to such bond is unenforceable.

13         (b)  The Department of Management Services shall adopt

14  rules with respect to all contracts for $200,000 or less, to

15  provide:

16         1.  Procedures for retaining up to 10 percent of each

17  request for payment submitted by a contractor and procedures

18  for determining disbursements from the amount retained on a

19  pro rata basis to laborers, materialmen, and subcontractors,

20  as defined in s. 713.01.

21         2.  Procedures for requiring certification from

22  laborers, materialmen, and subcontractors, as defined in s.

23  713.01, prior to final payment to the contractor that such

24  laborers, materialmen, and subcontractors have no claims

25  against the contractor resulting from the completion of the

26  work provided for in the contract.

27  

28  The state shall not be held liable to any laborer,

29  materialman, or subcontractor for any amounts greater than the

30  pro rata share as determined under this section.

31  

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    Florida Senate - 2007                                  SB 2090
    30-1225-07




 1         Section 2.  This act shall take effect upon becoming a

 2  law.

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 5                          SENATE SUMMARY

 6    Provides that a building contract for  a local government
      of less than $500,000 may be exempted from executing the
 7    payment and performance bond at the discretion of the
      local official or board awarding the contract.
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