Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1200
       
       
       
       
       
       
                                Ì455976]Î455976                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2019           .                                
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       The Committee on Rules (Stargel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 220 - 277
    4  and insert:
    5  equipment was on the job site and available for use. A notice of
    6  nonpayment that includes sums for retainage must specify the
    7  portion of the amount claimed for retainage. The required. A
    8  written notice satisfies this condition precedent with respect
    9  to the payment described in the notice of nonpayment, including
   10  unpaid finance charges due under the lienor’s contract, and with
   11  respect to any other payments which become due to the lienor
   12  after the date of the notice of nonpayment. The time period for
   13  serving a written notice of nonpayment shall be measured from
   14  the last day of furnishing labor, services, or materials by the
   15  lienor and may shall not be measured by other standards, such as
   16  the issuance of a certificate of occupancy or the issuance of a
   17  certificate of substantial completion. The failure of a lienor
   18  to receive retainage sums not in excess of 10 percent of the
   19  value of labor, services, or materials furnished by the lienor
   20  is not considered a nonpayment requiring the service of the
   21  notice provided under this paragraph. If the payment bond is not
   22  recorded before commencement of construction, the time period
   23  for the lienor to serve a notice of nonpayment may at the option
   24  of the lienor be calculated from the date specified in this
   25  section or the date the lienor is served a copy of the bond.
   26  However, the limitation period for commencement of an action on
   27  the payment bond as established in paragraph (e) may not be
   28  expanded. The negligent inclusion or omission of any information
   29  in the notice of nonpayment that has not prejudiced the
   30  contractor or surety does not constitute a default that operates
   31  to defeat an otherwise valid bond claim. A lienor who serves a
   32  fraudulent notice of nonpayment forfeits his or her rights under
   33  the bond. A notice of nonpayment is fraudulent if the lienor has
   34  willfully exaggerated the amount unpaid, willfully included a
   35  claim for work not performed or materials not furnished for the
   36  subject improvement, or prepared the notice with such willful
   37  and gross negligence as to amount to a willful exaggeration.
   38  However, a minor mistake or error in a notice of nonpayment, or
   39  a good faith dispute as to the amount unpaid, does not
   40  constitute a willful exaggeration that operates to defeat an
   41  otherwise valid claim against the bond. The service of a
   42  fraudulent notice of nonpayment is a complete defense to the
   43  lienor’s claim against the bond. The notice under this paragraph
   44  must supply the following information, current as of the date of
   45  the notice, and must may be in substantially the following form:
   46  
   47                        NOTICE OF NONPAYMENT                       
   48  
   49  To ...(name of contractor and address)...
   50  ...(name of surety and address)...
   51         The undersigned lienor notifies you that:
   52         1. The lienor he or she has furnished ...(describe labor,
   53  services, or materials)...for the improvement of the real
   54  property identified as ...(property description).... The
   55  corresponding amount now due and unpaid to date is $...., of
   56  which $ .... is unpaid retainage.
   57         2. The lienor has been paid to date the amount
   58  
   59  ================= T I T L E  A M E N D M E N T ================
   60  And the title is amended as follows:
   61         Delete lines 22 - 23
   62  and insert:
   63         period of time; specifying that certain