Florida Senate - 2022                                    SB 1272
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-00887A-22                                           20221272__
    1                        A bill to be entitled                      
    2         An act relating to liens and bonds; amending s.
    3         255.05, F.S.; revising when a notice of claim against
    4         a payment bond and a notice of nonpayment must be
    5         served; requiring that a copy of a notice of
    6         nonpayment be served on the surety; revising when a
    7         notice of nonpayment must be served; revising the
    8         process for notarizing a notice of nonpayment;
    9         removing the authority for a contractor to file an
   10         alternative form of security rather than a bond;
   11         requiring service of documents to be made in a
   12         specified manner; conforming provisions to changes
   13         made by the act; making technical changes; amending s.
   14         337.18, F.S.; revising when a notice of nonpayment
   15         must be served; providing that certain waivers apply
   16         to certain contracts; requiring service of documents
   17         to be made in a specified manner; conforming
   18         provisions to changes made by the act; amending s.
   19         713.01, F.S.; revising and defining terms; creating s.
   20         713.011, F.S.; providing for the computation of time
   21         when certain time periods fall on specified days or
   22         during a declared state of emergency; providing that
   23         certain orders constitute a state of emergency;
   24         amending s. 713.09, F.S.; authorizing a lienor to
   25         record one claim of lien for multiple direct
   26         contracts; amending s. 713.10, F.S.; revising the
   27         extent of certain liens; amending s. 713.13, F.S.;
   28         revising information to be included in a notice of
   29         commencement; conforming a cross-reference; revising
   30         the process for notarizing a notice of commencement;
   31         amending s. 713.132, F.S.; revising requirements for a
   32         notice of termination; amending s. 713.135, F.S.;
   33         defining the term “copy of the notice of
   34         commencement”; making technical changes; providing
   35         that an issuing authority is not liable for failing to
   36         verify that specified information has been filed;
   37         amending s. 713.18, F.S.; requiring service of
   38         documents relating to construction bonds to be made in
   39         a specified manner; making technical changes; amending
   40         s. 713.21, F.S.; authorizing the full or partial
   41         release of a lien under specified conditions; amending
   42         s. 713.22, F.S.; revising the information required in
   43         a notice of contest of lien; amending s. 713.23, F.S.;
   44         requiring that a copy of a notice of nonpayment be
   45         served on the surety; revising the process for
   46         notarizing a notice of nonpayment under a payment
   47         bond; conforming provisions to changes made by the
   48         act; amending s. 713.235, F.S.; conforming cross
   49         references; making technical changes; repealing s.
   50         713.245, F.S., relating to conditional payment bonds;
   51         repealing s. 713.25, F.S., relating to applicability
   52         of ch. 65-456, Laws of Florida; amending s. 713.29,
   53         F.S.; authorizing attorney fees in actions to enforce
   54         a lien that has been transferred to security; amending
   55         s. 95.11, F.S.; conforming cross-references; providing
   56         an effective date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Present subsections (8) through (11) of section
   61  255.05, Florida Statutes, are redesignated as subsections (7)
   62  through (10), respectively, a new subsection (11) is added to
   63  that section, and paragraph (a) of subsection (2) and present
   64  subsections (6) and (7) are amended, to read:
   65         255.05 Bond of contractor constructing public buildings;
   66  form; action by claimants.—
   67         (2)(a)1. If a claimant is no longer furnishing labor,
   68  services, or materials on a project, a contractor or the
   69  contractor’s agent or attorney may elect to shorten the time
   70  within which an action to enforce any claim against a payment
   71  bond must be commenced by recording in the clerk’s office a
   72  notice in substantially the following form:
   73  
   74                     NOTICE OF CONTEST OF CLAIM                    
   75                        AGAINST PAYMENT BOND                       
   76  
   77  To: ...(Name and address of claimant)...
   78  
   79         You are notified that the undersigned contests your notice
   80  of nonpayment, dated ............, ........, and served on the
   81  undersigned on ............, ........, and that the time within
   82  which you may file suit to enforce your claim is limited to 60
   83  days after the date of service of this notice.
   84  
   85         DATED on ............, .........
   86  
   87  Signed: ...(Contractor or Attorney)...
   88  
   89  The claim of a claimant upon whom such notice is served and who
   90  fails to institute a suit to enforce his or her claim against
   91  the payment bond within 60 days after service of such notice is
   92  extinguished automatically. The contractor or the contractor’s
   93  attorney shall serve a copy of the notice of contest on to the
   94  claimant at the address shown in the notice of nonpayment or
   95  most recent amendment thereto and shall certify to such service
   96  on the face of the notice and record the notice.
   97         2. A claimant, except a laborer, who is not in privity with
   98  the contractor shall, before commencing or not later than 45
   99  days after commencing to furnish labor, services, or materials
  100  for the prosecution of the work, serve the contractor with a
  101  written notice that he or she intends to look to the bond for
  102  protection. If a certified copy of the recorded payment bond is
  103  not provided before commencing work or before recommencing work
  104  after a default or abandonment, as required under paragraph
  105  (1)(b), then the claimant may serve the contractor with such
  106  written notice up to 45 days after the date that the claimant is
  107  served with a copy of the bond. A claimant who is not in privity
  108  with the contractor and who has not received payment for
  109  furnishing his or her labor, services, or materials shall serve
  110  a written notice of nonpayment on the contractor and a copy of
  111  the notice on the surety. The notice of nonpayment must shall be
  112  under oath and served during the progress of the work or
  113  thereafter but may not be served earlier than 45 days after the
  114  first furnishing of labor, services, or materials by the
  115  claimant or later than 90 days after the final furnishing of the
  116  labor, services, or materials by the claimant or, with respect
  117  to rental equipment, later than 90 days after the date that the
  118  rental equipment was last on the job site of the improvement
  119  available for use. Any notice of nonpayment served by a claimant
  120  who is not in privity with the contractor which includes sums
  121  for retainage must specify the portion of the amount claimed for
  122  retainage. An action for the labor, services, or materials may
  123  not be instituted against the contractor or the surety unless
  124  the notice to the contractor and notice of nonpayment have been
  125  served, if required by this section. Notices required or
  126  permitted under this section must be served in accordance with
  127  s. 713.18. A claimant may not waive in advance his or her right
  128  to bring an action under the bond against the surety. In any
  129  action brought to enforce a claim against a payment bond under
  130  this section, the prevailing party is entitled to recover a
  131  reasonable fee for the services of his or her attorney for trial
  132  and appeal or for arbitration, in an amount to be determined by
  133  the court or arbitrator, which fee must be taxed as part of the
  134  prevailing party’s costs, as allowed in equitable actions. The
  135  time periods for service of a notice of nonpayment or for
  136  bringing an action against a contractor or a surety are shall be
  137  measured from the last day of furnishing labor, services, or
  138  materials by the claimant and may not be measured by other
  139  standards, such as the issuance of a certificate of occupancy or
  140  the issuance of a certificate of substantial completion. The
  141  negligent inclusion or omission of any information in the notice
  142  of nonpayment that has not prejudiced the contractor or surety
  143  does not constitute a default that operates to defeat an
  144  otherwise valid bond claim. A claimant who serves a fraudulent
  145  notice of nonpayment forfeits his or her rights under the bond.
  146  A notice of nonpayment is fraudulent if the claimant has
  147  willfully exaggerated the amount unpaid, willfully included a
  148  claim for work not performed or materials not furnished for the
  149  subject improvement, or prepared the notice with such willful
  150  and gross negligence as to amount to a willful exaggeration.
  151  However, a minor mistake or error in a notice of nonpayment, or
  152  a good faith dispute as to the amount unpaid, does not
  153  constitute a willful exaggeration that operates to defeat an
  154  otherwise valid claim against the bond. The service of a
  155  fraudulent notice of nonpayment is a complete defense to the
  156  claimant’s claim against the bond. The notice of nonpayment
  157  under this subparagraph must include the following information,
  158  current as of the date of the notice, and must be in
  159  substantially the following form:
  160  
  161                        NOTICE OF NONPAYMENT                       
  162  
  163  To: ...(name of contractor and address)...
  164  
  165  ...(name of surety and address)...
  166  
  167  The undersigned claimant notifies you that:
  168         1. Claimant has furnished ...(describe labor, services, or
  169  materials)... for the improvement of the real property
  170  identified as ...(property description).... The corresponding
  171  amount unpaid to date is $...., of which $.... is unpaid
  172  retainage.
  173         2. Claimant has been paid to date the amount of $.... for
  174  previously furnishing ...(describe labor, services, or
  175  materials)... for this improvement.
  176         3. Claimant expects to furnish ...(describe labor,
  177  services, or materials)... for this improvement in the future
  178  (if known), and the corresponding amount expected to become due
  179  is $.... (if known).
  180  
  181  I declare that I have read the foregoing Notice of Nonpayment
  182  and that the facts stated in it are true to the best of my
  183  knowledge and belief.
  184  
  185  DATED on ............, .........
  186  
  187  ...(signature and address of claimant)...
  188  
  189  STATE OF FLORIDA
  190  COUNTY OF ........
  191  
  192  The foregoing instrument was sworn to (or affirmed) and
  193  subscribed before me by means of ☐ physical presence or sworn to
  194  (or affirmed) by ☐ online notarization this .... day of ....,
  195  ...(year)..., by ...(name of signatory)....
  196  
  197         ...(Signature of Notary Public - State of Florida)...
  198         ...(Print, Type, or Stamp Commissioned Name of Notary
  199  Public)...
  200  
  201  Personally Known ........ OR Produced Identification ........
  202  
  203  Type of Identification Produced.................................
  204  
  205         (6) All payment bond forms used by a public owner and all
  206  payment bonds executed pursuant to this section by a surety
  207  shall make reference to this section by number, shall contain
  208  reference to the notice and time limitation provisions in
  209  subsections (2) and (9) (10), and shall comply with the
  210  requirements of paragraph (1)(a).
  211         (7)In lieu of the bond required by this section, a
  212  contractor may file with the state, county, city, or other
  213  political authority an alternative form of security in the form
  214  of cash, a money order, a certified check, a cashier’s check, an
  215  irrevocable letter of credit, or a security of a type listed in
  216  part II of chapter 625. Any such alternative form of security
  217  shall be for the same purpose and be subject to the same
  218  conditions as those applicable to the bond required by this
  219  section. The determination of the value of an alternative form
  220  of security shall be made by the appropriate state, county,
  221  city, or other political subdivision.
  222         (11)Unless otherwise provided in this section, service of
  223  any document must be made in accordance with s. 713.18.
  224         Section 2. Paragraph (c) of subsection (1) of section
  225  337.18, Florida Statutes, is amended, and subsection (6) is
  226  added to that section, to read:
  227         337.18 Surety bonds for construction or maintenance
  228  contracts; requirement with respect to contract award; bond
  229  requirements; defaults; damage assessments.—
  230         (1)
  231         (c) A claimant, except a laborer, who is not in privity
  232  with the contractor shall, before commencing or not later than
  233  90 days after commencing to furnish labor, materials, or
  234  supplies for the prosecution of the work, furnish the contractor
  235  with a notice that he or she intends to look to the bond for
  236  protection. A claimant who is not in privity with the contractor
  237  and who has not received payment for his or her labor,
  238  materials, or supplies shall deliver to the contractor and to
  239  the surety written notice of the performance of the labor or
  240  delivery of the materials or supplies and of the nonpayment. The
  241  notice of nonpayment may be served at any time during the
  242  progress of the work or thereafter but not before 45 days after
  243  the first furnishing of labor, services, or materials, and not
  244  later than 90 days after the final furnishing of the labor,
  245  services, or materials by the claimant or, with respect to
  246  rental equipment, not later than 90 days after the date that the
  247  rental equipment was last on the job site of the improvement
  248  available for use. An action by a claimant, except a laborer,
  249  who is not in privity with the contractor for the labor,
  250  materials, or supplies may not be instituted against the
  251  contractor or the surety unless both notices have been given.
  252  Written notices required or permitted under this section must
  253  may be served in accordance with any manner provided in s.
  254  713.18, and provisions for the waiver of a claim or a right to
  255  claim against a payment bond as described in s. 713.235 apply to
  256  all contracts under this section.
  257         (6)Unless otherwise provided in this section, service of
  258  any document must be made in accordance with s. 713.18.
  259         Section 3. Present subsections (13) through (29) of section
  260  713.01, Florida Statutes, are redesignated as subsections (14)
  261  through (30), respectively, a new subsection (13) is added to
  262  that section, and subsections (4), (8), and (12) of that section
  263  are amended, to read:
  264         713.01 Definitions.—As used in this part, the term:
  265         (4) “Clerk’s office” means the office of the clerk of the
  266  circuit court of the county, or another office serving as the
  267  county recorder as provided by law, in which the real property
  268  is located.
  269         (8) “Contractor” means a person other than a materialman or
  270  laborer who enters into a contract with the owner of real
  271  property for improving it, or who takes over from a contractor
  272  as so defined the entire remaining work under such contract. The
  273  term “contractor” includes an architect, landscape architect, or
  274  engineer who improves real property pursuant to a design-build
  275  contract authorized by s. 489.103(16). The term also includes a
  276  licensed general contractor or building contractor, as those
  277  terms are defined in s. 489.105(3)(a) and (b), respectively, who
  278  provides construction management services, which include
  279  scheduling and coordinating both preconstruction and
  280  construction phases for the successful, timely, and economical
  281  completion of the construction project or who provides program
  282  management services, which include schedule control, cost
  283  control, and coordination in providing or procuring planning,
  284  design, and construction.
  285         (12) “Final furnishing” means the last date that the lienor
  286  furnishes labor, services, or materials. Such date may not be
  287  measured by other standards, such as the issuance of a
  288  certificate of occupancy or the issuance of a certificate of
  289  final completion, and does not include the correction of
  290  deficiencies in the lienor’s previously performed work or
  291  materials supplied. With respect to rental equipment, the term
  292  means the date that the rental equipment was last on the job
  293  site of the improvement and available for use. With respect to
  294  specially fabricated materials, the term means the date that the
  295  last portion of the specially fabricated materials is delivered
  296  to the site of the improvement, or if any portion of the
  297  specially fabricated materials is not delivered to the site of
  298  the improvement by no fault of the lienor, the term means 9
  299  months after the date the lienor completes the fabrication, 9
  300  months after the date the lienor receives the last portion of
  301  the specially fabricated materials needed to complete the order,
  302  or the date the notice of commencement expires, whichever is
  303  later.
  304         (13)“Finance charge” means a contractually specified
  305  additional amount to be paid by the obligor on any unpaid
  306  balance if the obligor fails to pay the entire principal amount
  307  to the obligee by the due date set forth in the credit agreement
  308  or other contract.
  309         Section 4. Section 713.011, Florida Statutes, is created to
  310  read:
  311         713.011Computation of time.—
  312         (1)In computing any time period under this part, if the
  313  last day of the time period is a Saturday, Sunday, legal
  314  holiday, or any day observed as a holiday by the clerk’s office,
  315  the time period is extended to the end of the next business day.
  316         (2)During a state of emergency declared under chapter 252
  317  in which the clerk’s office is closed or not accessible because
  318  of the state of emergency, any time periods imposed under this
  319  part are tolled. Upon the expiration of the declared state of
  320  emergency, the number of days that were remaining for any
  321  specified time period under this part on the first day of the
  322  declared state of emergency shall commence on the first business
  323  day after the end of the declared state of emergency.
  324         (3)A federal, state, or local governmental order closing
  325  or directing the closure of the clerk’s office for any reason
  326  constitutes a state of emergency for purposes of this section.
  327         Section 5. Section 713.09, Florida Statutes, is amended to
  328  read:
  329         713.09 Single claim of lien.—A lienor may is required to
  330  record only one claim of lien covering his or her entire demand
  331  against the real property when the amount demanded is for labor
  332  or services or material furnished for more than one improvement
  333  under the same direct contract or multiple direct contracts. The
  334  single claim of lien is sufficient even though the improvement
  335  is for one or more improvements located on separate lots,
  336  parcels, or tracts of land. If materials to be used on one or
  337  more improvements on separate lots, parcels, or tracts of land
  338  under one direct contract are delivered by a lienor to a place
  339  designated by the person with whom the materialman contracted,
  340  other than the site of the improvement, the delivery to the
  341  place designated is prima facie evidence of delivery to the site
  342  of the improvement and incorporation in the improvement. The
  343  single claim of lien may be limited to a part of multiple lots,
  344  parcels, or tracts of land and their improvements or may cover
  345  all of the lots, parcels, or tracts of land and improvements. If
  346  a In each claim of lien under this section is for multiple
  347  direct contracts, the owner under the direct contracts contract
  348  must be the same person for all lots, parcels, or tracts of land
  349  against which a single claim of lien is recorded.
  350         Section 6. Paragraph (b) of subsection (2) of section
  351  713.10, Florida Statutes, is amended, and subsection (4) is
  352  added to that section, to read:
  353         713.10 Extent of liens.—
  354         (2)
  355         (b) The interest of the lessor is not subject to liens for
  356  improvements made by the lessee when:
  357         1. The lease, or a short form or a memorandum of the lease
  358  that contains the specific language in the lease prohibiting
  359  such liability, is recorded in the official records of the
  360  county where the premises are located before the recording of a
  361  notice of commencement for improvements to the premises and the
  362  terms of the lease expressly prohibit such liability; or
  363         2. The terms of the lease expressly prohibit such
  364  liability, and a notice advising that leases for the rental of
  365  premises on a parcel of land prohibit such liability has been
  366  recorded in the official records of the county in which the
  367  parcel of land is located before the recording of a notice of
  368  commencement for improvements to the premises, and the notice
  369  includes the following:
  370         a. The name of the lessor.
  371         b. The legal description of the parcel of land to which the
  372  notice applies.
  373         c. The specific language contained in the various leases
  374  prohibiting such liability.
  375         d. A statement that all or a majority of the leases entered
  376  into for premises on the parcel of land expressly prohibit such
  377  liability.
  378         3.The lessee is a mobile home owner who is leasing a
  379  mobile home lot in a mobile home park from the lessor.
  380  
  381  A notice that is consistent with subparagraph 2. effectively
  382  prohibits liens for improvements made by a lessee even if other
  383  leases for premises on the parcel do not expressly prohibit
  384  liens or if provisions of each lease restricting the application
  385  of liens are not identical.
  386         (4)The interest of the lessor is not subject to liens for
  387  improvements made by the lessee when the lessee is a mobile home
  388  owner who is leasing a mobile home lot in a mobile home park
  389  from the lessor.
  390         Section 7. Paragraphs (a) and (d) of subsection (1) of
  391  section 713.13, Florida Statutes, are amended to read:
  392         713.13 Notice of commencement.—
  393         (1)(a) Except for an improvement that is exempt under
  394  pursuant to s. 713.02(5), an owner or the owner’s authorized
  395  agent before actually commencing to improve any real property,
  396  or recommencing completion of any improvement after default or
  397  abandonment, whether or not a project has a payment bond
  398  complying with s. 713.23, shall record a notice of commencement
  399  in the clerk’s office and forthwith post either a certified copy
  400  thereof or a notarized statement that the notice of commencement
  401  has been filed for recording along with a copy thereof. The
  402  notice of commencement shall contain all of the following
  403  information:
  404         1. A description sufficient for identification of the real
  405  property to be improved. The description should include the
  406  legal description of the property and also should include the
  407  street address and tax folio number of the property if available
  408  or, if there is no street address available, such additional
  409  information as will describe the physical location of the real
  410  property to be improved.
  411         2. A general description of the improvement.
  412         3. The name and address of the owner, the owner’s interest
  413  in the site of the improvement, and the name and address of the
  414  fee simple titleholder, if other than such owner.
  415         4.The name and address of the lessee, if the A lessee who
  416  contracts for the improvements as is an owner as defined in s.
  417  713.01 under s. 713.01(23) and must be listed as the owner
  418  together with a statement that the ownership interest is a
  419  leasehold interest.
  420         5.4. The name and address of the contractor.
  421         6.5. The name and address of the surety on the payment bond
  422  under s. 713.23, if any, and the amount of such bond.
  423         7.6. The name and address of any person making a loan for
  424  the construction of the improvements.
  425         8.7. The name and address within the state of a person
  426  other than himself or herself who may be designated by the owner
  427  as the person upon whom notices or other documents may be served
  428  under this part; and service upon the person so designated
  429  constitutes service upon the owner.
  430         (d) A notice of commencement must be in substantially the
  431  following form:
  432  
  433  Permit No.....                                 Tax Folio No.....
  434                       NOTICE OF COMMENCEMENT                      
  435  State of....
  436  County of....
  437  
  438  The undersigned hereby gives notice that improvement will be
  439  made to certain real property, and in accordance with Chapter
  440  713, Florida Statutes, the following information is provided in
  441  this Notice of Commencement.
  442         1. Description of property: ...(legal description of the
  443  property, and street address if available)....
  444         2. General description of improvement:.....
  445         3.a.Owner: ...name and address.....
  446         b.Owner’s phone number:.... Owner information or Lessee
  447  information if the Lessee contracted for the improvement:
  448         a.Name and address:.....
  449         c.b. Interest in property:.....
  450         d.c. Name and address of fee simple titleholder (if
  451  different from Owner listed above):.....
  452         4.a. Lessee, if the lessee contracted for the improvement:
  453  ...(name and address)....
  454         b.Lessee’s phone number:.....
  455         5.a. Contractor: ...(name and address)....
  456         b. Contractor’s phone number:.....
  457         6.5. Surety (if applicable, a copy of the payment bond is
  458  attached):
  459         a. Name and address:.....
  460         b. Phone number:.....
  461         c. Amount of bond: $.....
  462         7.a.6.a. Lender: ...(name and address)....
  463         b. Lender’s phone number:.....
  464         8.7. Persons within the State of Florida designated by
  465  Owner upon whom notices or other documents may be served as
  466  provided by Section 713.13(1)(a)8. 713.13(1)(a)7., Florida
  467  Statutes:
  468         a. Name and address:.....
  469         b. Phone numbers of designated persons:.....
  470         9.a.8.a. In addition to himself or herself, Owner
  471  designates ............ of ............ to receive a copy of the
  472  Lienor’s Notice as provided in Section 713.13(1)(b), Florida
  473  Statutes.
  474         b. Phone number of person or entity designated by
  475  owner:.....
  476         10.9. Expiration date of notice of commencement (the
  477  expiration date will be 1 year after from the date of recording
  478  unless a different date is specified).....
  479  
  480  WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
  481  EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
  482  PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
  483  STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
  484  TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
  485  POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
  486  INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
  487  ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
  488  COMMENCEMENT.
  489  
  490  ...(Signature of Owner or Lessee, or Owner’s or Lessee’s
  491  Authorized Officer/Director/Partner/Manager)...
  492  
  493  ...(Signatory’s Title/Office)...
  494  
  495  The foregoing instrument was acknowledged before me by means of
  496  ☐ physical presence or acknowledged before me by means of ☐
  497  online notarization, this .... day of ...., ...(year)..., by
  498  ...(name of person)... as ...(type of authority, . . . e.g.
  499  officer, trustee, attorney in fact)... for ...(name of party on
  500  behalf of whom instrument was executed)....
  501  
  502  ...(Signature of Notary Public - State of Florida)...
  503  
  504  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  505  
  506         Personally Known .... OR Produced Identification ....
  507  
  508         Type of Identification Produced............
  509         Section 8. Present subsection (4) of section 713.132,
  510  Florida Statutes, is redesignated as subsection (5) and amended,
  511  a new subsection (4) is added to that section, and subsections
  512  (1) and (3) of that section are amended, to read:
  513         713.132 Notice of termination.—
  514         (1) An owner may terminate the period of effectiveness of a
  515  notice of commencement by executing, swearing to, and recording
  516  a notice of termination that contains all of the following:
  517         (a) The same information as the notice of commencement.;
  518         (b) The official records’ recording office document book
  519  and page reference numbers and recording date affixed by the
  520  recording office on of the recorded notice of commencement.;
  521         (c) A statement of the date as of which the notice of
  522  commencement is terminated, which date may not be earlier than
  523  30 days after the notice of termination is recorded.;
  524         (d) A statement specifying that the notice applies to all
  525  the real property subject to the notice of commencement or
  526  specifying the portion of such real property to which it
  527  applies.;
  528         (e) A statement that all lienors have been paid in full.;
  529  and
  530         (f) A statement that the owner has, before recording the
  531  notice of termination, served a copy of the notice of
  532  termination on the contractor and on each lienor who has a
  533  direct contract with the owner or who has timely served a notice
  534  to owner, and a statement that the owner will serve a copy of
  535  the notice of termination on each lienor who timely serves a
  536  notice to owner after the notice of termination has been
  537  recorded. The owner is not required to serve a copy of the
  538  notice of termination on any lienor who has executed a waiver
  539  and release of lien upon final payment in accordance with s.
  540  713.20.
  541         (3) An owner may not record a notice of termination at any
  542  time after except after completion of construction, or after
  543  construction ceases before completion and all lienors have been
  544  paid in full or pro rata in accordance with s. 713.06(4).
  545         (4) If an owner or a contractor, by fraud or collusion,
  546  knowingly makes any fraudulent statement or affidavit in a
  547  notice of termination or any accompanying affidavit, the owner
  548  and the contractor, or either of them, as the case may be, is
  549  liable to any lienor who suffers damages as a result of the
  550  filing of the fraudulent notice of termination,; and any such
  551  lienor has a right of action for damages occasioned thereby.
  552         (5)(4) A notice of termination must be served before
  553  recording on each lienor who has a direct contract with the
  554  owner and on each lienor who has timely and properly served a
  555  notice to owner in accordance with this part before the
  556  recording of the notice of termination. A notice of termination
  557  must be recorded in the official records of the county in which
  558  the improvement is located. If properly served before recording
  559  in accordance with this subsection, the notice of termination
  560  terminates the period of effectiveness of the notice of
  561  commencement 30 days after the notice of termination is recorded
  562  in the official records is effective to terminate the notice of
  563  commencement at the later of 30 days after recording of the
  564  notice of termination or a later the date stated in the notice
  565  of termination as the date on which the notice of commencement
  566  is terminated. However, if a lienor who began work under the
  567  notice of commencement before its termination lacks a direct
  568  contract with the owner and timely serves his or her notice to
  569  owner after the notice of termination has been recorded, the
  570  owner must serve a copy of the notice of termination upon such
  571  lienor, and the termination of the notice of commencement as to
  572  that lienor is effective 30 days after service of the notice of
  573  termination if the notice of termination has been served
  574  pursuant to paragraph (1)(f) on the contractor and on each
  575  lienor who has a direct contract with the owner or who has
  576  served a notice to owner.
  577         Section 9. Subsections (1) and (3) of section 713.135,
  578  Florida Statutes, are amended to read:
  579         713.135 Notice of commencement and applicability of lien.—
  580         (1) When a any person applies for a building permit, the
  581  authority issuing such permit shall:
  582         (a) Print on the face of each permit card in no less than
  583  14-point, capitalized, boldfaced type: “WARNING TO OWNER: YOUR
  584  FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
  585  PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
  586  COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE
  587  THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT
  588  WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
  589  COMMENCEMENT.”
  590         (b) Provide the applicant and the owner of the real
  591  property upon which improvements are to be constructed with a
  592  printed statement stating that the right, title, and interest of
  593  the person who has contracted for the improvement may be subject
  594  to attachment under the Construction Lien Law. The Department of
  595  Business and Professional Regulation shall furnish, for
  596  distribution, the statement described in this paragraph, and the
  597  statement must be a summary of the Construction Lien Law and
  598  must include an explanation of the provisions of the
  599  Construction Lien Law relating to the recording, and the posting
  600  of copies, of notices of commencement and a statement
  601  encouraging the owner to record a notice of commencement and
  602  post a copy of the notice of commencement in accordance with s.
  603  713.13. The statement must also contain an explanation of the
  604  owner’s rights if a lienor fails to furnish the owner with a
  605  notice as provided in s. 713.06(2) and an explanation of the
  606  owner’s rights as provided in s. 713.22. The authority that
  607  issues the building permit must obtain from the Department of
  608  Business and Professional Regulation the statement required by
  609  this paragraph and must mail, deliver by electronic mail or
  610  other electronic format or facsimile, or personally deliver that
  611  statement to the owner or, in a case in which the owner is
  612  required to personally appear to obtain the permit, provide that
  613  statement to any owner making improvements to real property
  614  consisting of a single or multiple family dwelling up to and
  615  including four units. However, the failure by the authorities to
  616  provide the summary does not subject the issuing authority to
  617  liability.
  618         (c) In addition to providing the owner with the statement
  619  as required by paragraph (b), inform each applicant who is not
  620  the person whose right, title, and interest is subject to
  621  attachment that, as a condition to the issuance of a building
  622  permit, the applicant must promise in good faith that the
  623  statement will be delivered to the person whose property is
  624  subject to attachment.
  625         (d) Furnish to the applicant two or more copies of a form
  626  of notice of commencement conforming with s. 713.13.
  627         (e)Require If the direct contract is greater than $2,500,
  628  the applicant to shall file with the issuing authority before
  629  prior to the first inspection either a certified copy of the
  630  recorded notice of commencement if the direct contract is
  631  greater than $2,500. For purposes of this paragraph, the term
  632  “copy of the notice of commencement” means a certified copy of
  633  the recorded notice of commencement, or a notarized statement
  634  that the notice of commencement has been filed for recording,
  635  along with a copy thereof, or the clerk’s office official
  636  records identifying information that includes the instrument
  637  number for the notice of commencement or the number and page of
  638  book where the notice of commencement is recorded, as identified
  639  by the clerk.
  640         1. In the absence of the filing of a certified copy of the
  641  recorded notice of commencement, the issuing authority or a
  642  private provider performing inspection services may not perform
  643  or approve subsequent inspections until the applicant files by
  644  mail, facsimile, hand delivery, or any other means such
  645  certified copy with the issuing authority.
  646         2. The certified copy of the notice of commencement must
  647  contain the name and address of the owner, the name and address
  648  of the contractor, and the location or address of the property
  649  being improved. The issuing authority shall verify that the name
  650  and address of the owner, the name of the contractor, and the
  651  location or address of the property being improved which is
  652  contained in the certified copy of the notice of commencement is
  653  consistent with the information in the building permit
  654  application.
  655         3. The issuing authority shall provide the recording
  656  information on the certified copy of the recorded notice of
  657  commencement to any person upon request.
  658         4. This subsection does not require the recording of a
  659  notice of commencement before prior to the issuance of a
  660  building permit. If a local government requires a separate
  661  permit or inspection for installation of temporary electrical
  662  service or other temporary utility service, land clearing, or
  663  other preliminary site work, such permits may be issued and such
  664  inspections may be conducted without providing the issuing
  665  authority with a certified copy of the a recorded notice of
  666  commencement or a notarized statement regarding a recorded
  667  notice of commencement. This subsection does not apply to a
  668  direct contract to repair or replace an existing heating or air
  669  conditioning system in an amount less than $7,500.
  670         (f)(e) Not require that a notice of commencement be
  671  recorded as a condition of the application for, or processing or
  672  issuance of, a building permit. However, this paragraph does not
  673  modify or waive the inspection requirements set forth in this
  674  subsection.
  675  
  676  This subsection does not apply to a direct contract to repair or
  677  replace an existing heating or air-conditioning system in an
  678  amount less than $7,500.
  679         (3) An issuing authority under subsection (1) is not liable
  680  in any civil action for the failure to verify that a certified
  681  copy of the recorded notice of commencement, a notarized
  682  statement that the notice of commencement has been filed for
  683  recording along with a copy thereof, or the clerk’s office
  684  official records identifying information that includes the
  685  instrument number for the notice of commencement or the number
  686  and page of book where the notice of commencement is recorded,
  687  as identified by the clerk, has been filed in accordance with
  688  this section.
  689         Section 10. Section 713.18, Florida Statutes, is amended to
  690  read:
  691         713.18 Manner of serving documents notices and other
  692  instruments.—
  693         (1) Unless otherwise specifically provided by law, service
  694  of any document notices, claims of lien, affidavits,
  695  assignments, and other instruments permitted or required under
  696  this part, s. 255.05, or s. 337.18, or copies thereof when so
  697  permitted or required, unless otherwise specifically provided in
  698  this part, must be made by one of the following methods:
  699         (a) By hand actual delivery to the person to be served; if
  700  a partnership, to one of the partners; if a corporation, to an
  701  officer, director, managing agent, or business agent; or, if a
  702  limited liability company, to a member or manager.
  703         (b) By common carrier delivery service or by registered,
  704  Global Express Guaranteed, or certified mail to the person to be
  705  served, with postage or shipping paid by the sender and with
  706  evidence of delivery, which may be in an electronic format.
  707         (c) By posting on the site of the improvement if service as
  708  provided by paragraph (a) or paragraph (b) cannot be
  709  accomplished.
  710         (2) Notwithstanding subsection (1), service of a notice to
  711  owner or a preliminary notice to contractor under this part, s.
  712  255.05, or s. 337.18, or s. 713.23 is effective as of the date
  713  of mailing and the requirements for service under this section
  714  have been satisfied if all of the following requirements have
  715  been met:
  716         (a) The notice is mailed by registered, Global Express
  717  Guaranteed, or certified mail, with postage prepaid, to the
  718  person to be served and addressed as prescribed at any of the
  719  addresses set forth in subsection (3).;
  720         (b) The notice is mailed within 40 days after the date the
  721  lienor first furnishes labor, services, or materials.; and
  722         (c)1. The person who served the notice maintains a
  723  registered or certified mail log that shows the registered or
  724  certified mail number issued by the United States Postal
  725  Service, the name and address of the person served, and the date
  726  stamp of the United States Postal Service confirming the date of
  727  mailing; or
  728         2. The person who served the notice maintains electronic
  729  tracking records approved or generated by the United States
  730  Postal Service containing the postal tracking number, the name
  731  and address of the person served, and verification of the date
  732  of receipt by the United States Postal Service.
  733         (3)(a) Notwithstanding subsection (1), service of a
  734  document under an instrument pursuant to this section is
  735  effective on the date of mailing or shipping, and the
  736  requirements for service under this section have been satisfied,
  737  the instrument if the document it:
  738         1. Is sent to the last address shown in the notice of
  739  commencement or any amendment thereto or, in the absence of a
  740  notice of commencement, to the last address shown in the
  741  building permit application, or to the last known address of the
  742  person to be served.; and
  743         2. Is returned as being “refused,” “moved, not
  744  forwardable,” or “unclaimed,” or is otherwise not delivered or
  745  deliverable through no fault of the person serving the document
  746  item.
  747         (b) If the address shown in the notice of commencement or
  748  any amendment thereto to the notice of commencement, or, in the
  749  absence of a notice of commencement, in the building permit
  750  application, is incomplete for purposes of mailing or delivery,
  751  the person serving the document item may complete the address
  752  and properly format it according to United States Postal Service
  753  addressing standards using information obtained from the
  754  property appraiser or another public record without affecting
  755  the validity of service under this section.
  756         (4) A document notice served by a lienor on one owner or
  757  one partner of a partnership owning the real property is deemed
  758  served on notice to all owners and partners.
  759         Section 11. Section 713.21, Florida Statutes, is amended to
  760  read:
  761         713.21 Discharge of lien.—A lien properly perfected under
  762  this chapter may be discharged, or released in whole or in part,
  763  by any of the following methods:
  764         (1) By entering satisfaction of the lien upon the margin of
  765  the record thereof in the clerk’s office when not otherwise
  766  prohibited by law. This satisfaction shall be signed by the
  767  lienor, the lienor’s agent or attorney and attested by said
  768  clerk. Any person who executes a claim of lien has shall have
  769  authority to execute a satisfaction in the absence of actual
  770  notice of lack of authority to any person relying on the same.
  771         (2) By the satisfaction or release of the lienor, duly
  772  acknowledged and recorded in the clerk’s office. The
  773  satisfaction or release must include the lienor’s notarized
  774  signature and set forth the official records’ reference numbers
  775  and recording date affixed by the recording office on the
  776  subject lien. Any person who executes a claim of lien has shall
  777  have authority to execute a satisfaction or release in the
  778  absence of actual notice of lack of authority to any person
  779  relying on the same.
  780         (3) By failure to begin an action to enforce the lien
  781  within the time prescribed in this part.
  782         (4) By an order of the circuit court of the county where
  783  the property is located, as provided in this subsection. Upon
  784  filing a complaint therefor by any interested party the clerk
  785  shall issue a summons to the lienor to show cause within 20 days
  786  why his or her lien should not be enforced by action or vacated
  787  and canceled of record. Upon failure of the lienor to show cause
  788  why his or her lien should not be enforced or the lienor’s
  789  failure to commence such action before the return date of the
  790  summons the court shall forthwith order cancellation of the
  791  lien.
  792         (5) By recording in the clerk’s office the original or a
  793  certified copy of a judgment or decree of a court of competent
  794  jurisdiction showing a final determination of the action.
  795         Section 12. Subsection (2) of section 713.22, Florida
  796  Statutes, is amended to read:
  797         713.22 Duration of lien.—
  798         (2) An owner or the owner’s attorney may elect to shorten
  799  the time prescribed in subsection (1) within which to commence
  800  an action to enforce any claim of lien or claim against a bond
  801  or other security under s. 713.23 or s. 713.24 by recording in
  802  the clerk’s office a notice in substantially the following form:
  803  
  804                      NOTICE OF CONTEST OF LIEN                    
  805  To: ...(Name and address of lienor)...
  806  
  807  You are notified that the undersigned contests the claim of lien
  808  filed by you on ...., ...(year)..., and recorded in .... Book
  809  ...., Page ...., of the public records of .... County, Florida,
  810  and that the time within which you may file suit to enforce your
  811  lien is limited to 60 days from the date of service of this
  812  notice. This .... day of ...., ...(year)....
  813  
  814  Signed: ...(Owner or Attorney)...
  815  
  816  The lien of any lienor upon whom such recorded notice is served
  817  and who fails to institute a suit to enforce his or her lien
  818  within 60 days after service of such recorded notice shall be
  819  extinguished automatically. The clerk shall serve, in accordance
  820  with s. 713.18, a copy of the recorded notice of contest to the
  821  lien claimant at the address shown in the claim of lien or most
  822  recent amendment thereto and shall certify to such service and
  823  the date of service on the face of the notice and record the
  824  notice.
  825         Section 13. Paragraphs (d) and (e) of subsection (1) of
  826  section 713.23, Florida Statutes, are amended to read:
  827         713.23 Payment bond.—
  828         (1)
  829         (d) In addition, a lienor who has not received payment for
  830  furnishing his or her labor, services, or materials must, as a
  831  condition precedent to recovery under the bond, serve a written
  832  notice of nonpayment on to the contractor and a copy of the
  833  notice on the surety. The notice must be under oath and served
  834  during the progress of the work or thereafter, but may not be
  835  served later than 90 days after the final furnishing of labor,
  836  services, or materials by the lienor, or, with respect to rental
  837  equipment, later than 90 days after the date the rental
  838  equipment was on the job site of the improvement and available
  839  for use. A notice of nonpayment that includes sums for retainage
  840  must specify the portion of the amount claimed for retainage.
  841  The required notice satisfies this condition precedent with
  842  respect to the payment described in the notice of nonpayment,
  843  including unpaid finance charges due under the lienor’s
  844  contract, and with respect to any other payments which become
  845  due to the lienor after the date of the notice of nonpayment.
  846  The time period for serving a notice of nonpayment is shall be
  847  measured from the last day of furnishing labor, services, or
  848  materials by the lienor and may not be measured by other
  849  standards, such as the issuance of a certificate of occupancy or
  850  the issuance of a certificate of substantial completion. The
  851  failure of a lienor to receive retainage sums not in excess of
  852  10 percent of the value of labor, services, or materials
  853  furnished by the lienor is not considered a nonpayment requiring
  854  the service of the notice provided under this paragraph. If the
  855  payment bond is not recorded before commencement of
  856  construction, the time period for the lienor to serve a notice
  857  of nonpayment may, at the option of the lienor, be calculated
  858  from the date specified in this section or the date the lienor
  859  is served a copy of the bond. However, the limitation period for
  860  commencement of an action on the payment bond as established in
  861  paragraph (e) may not be expanded. The negligent inclusion or
  862  omission of any information in the notice of nonpayment that has
  863  not prejudiced the contractor or surety does not constitute a
  864  default that operates to defeat an otherwise valid bond claim. A
  865  lienor who serves a fraudulent notice of nonpayment forfeits his
  866  or her rights under the bond. A notice of nonpayment is
  867  fraudulent if the lienor has willfully exaggerated the amount
  868  unpaid, willfully included a claim for work not performed or
  869  materials not furnished for the subject improvement, or prepared
  870  the notice with such willful and gross negligence as to amount
  871  to a willful exaggeration. However, a minor mistake or error in
  872  a notice of nonpayment, or a good faith dispute as to the amount
  873  unpaid, does not constitute a willful exaggeration that operates
  874  to defeat an otherwise valid claim against the bond. The service
  875  of a fraudulent notice of nonpayment is a complete defense to
  876  the lienor’s claim against the bond. The notice under this
  877  paragraph must include the following information, current as of
  878  the date of the notice, and must be in substantially the
  879  following form:
  880  
  881                        NOTICE OF NONPAYMENT                       
  882  
  883  To ...(name of contractor and address)...
  884  
  885  ...(name of surety and address)...
  886  
  887  The undersigned lienor notifies you that:
  888  
  889         1. The lienor has furnished ...(describe labor, services,
  890  or materials)... for the improvement of the real property
  891  identified as ...(property description).... The corresponding
  892  amount unpaid to date is $...., of which $.... is unpaid
  893  retainage.
  894         2. The lienor has been paid to date the amount of $.... for
  895  previously furnishing ...(describe labor, services, or
  896  materials)... for this improvement.
  897         3. The lienor expects to furnish ...(describe labor,
  898  services, or materials)... for this improvement in the future
  899  (if known), and the corresponding amount expected to become due
  900  is $.... (if known).
  901  
  902  I declare that I have read the foregoing Notice of Nonpayment
  903  and that the facts stated in it are true to the best of my
  904  knowledge and belief.
  905  
  906  DATED on ............, .........
  907  
  908  ...(signature and address of lienor)...
  909  
  910  STATE OF FLORIDA
  911  COUNTY OF........
  912  
  913  The foregoing instrument was sworn to (or affirmed) and
  914  subscribed before me by means of ☐ physical presence or sworn to
  915  (or affirmed) by ☐ online notarization, this .... day of ....,
  916  ...(year)..., by ...(name of signatory)....
  917         ...(Signature of Notary Public - State of Florida)...
  918         ...(Print, Type, or Stamp Commissioned Name of Notary
  919  Public)...
  920  
  921  Personally Known ........ OR Produced Identification ........
  922  
  923  Type of Identification Produced.................................
  924         (e) An action for the labor, or materials, or supplies may
  925  not be instituted or prosecuted against the contractor or surety
  926  unless both notices have been given, if required by this
  927  section. An action may not be instituted or prosecuted against
  928  the contractor or against the surety on the bond under this
  929  section after 1 year from the performance of the labor or
  930  completion of delivery of the materials and supplies. The time
  931  period for bringing an action against the contractor or surety
  932  on the bond is shall be measured from the last day of furnishing
  933  labor, services, or materials by the lienor. The time period may
  934  not be measured by other standards, such as the issuance of a
  935  certificate of occupancy or the issuance of a certificate of
  936  substantial completion. A contractor or the contractor’s
  937  attorney may elect to shorten the time within which an action to
  938  enforce any claim against a payment bond provided under this
  939  section or s. 713.245 must be commenced at any time after a
  940  notice of nonpayment, if required, has been served for the claim
  941  by recording in the clerk’s office a notice in substantially the
  942  following form:
  943  
  944                     NOTICE OF CONTEST OF CLAIM                    
  945                        AGAINST PAYMENT BOND                       
  946  
  947  To: ...(Name and address of lienor)...
  948         You are notified that the undersigned contests your notice
  949  of nonpayment, dated ...., ...., and served on the undersigned
  950  on ...., ...., and that the time within which you may file suit
  951  to enforce your claim is limited to 60 days after from the date
  952  of service of this notice.
  953  
  954  DATED on ...., .....
  955  
  956  Signed: ...(Contractor or Attorney)...
  957  
  958  The claim of any lienor upon whom the notice is served and who
  959  fails to institute a suit to enforce his or her claim against
  960  the payment bond within 60 days after service of the notice
  961  shall be extinguished automatically. The contractor or the
  962  contractor’s attorney shall serve a copy of the notice of
  963  contest to the lienor at the address shown in the notice of
  964  nonpayment or most recent amendment thereto and shall certify to
  965  such service on the face of the notice and record the notice.
  966         Section 14. Subsections (1) and (2) of section 713.235,
  967  Florida Statutes, are amended to read:
  968         713.235 Waivers of right to claim against payment bond;
  969  forms.—
  970         (1) When a person is required to execute a waiver of his or
  971  her right to make a claim against a payment bond provided under
  972  pursuant to s. 713.23 or s. 713.245, in exchange for, or to
  973  induce payment of, a progress payment, the waiver may be in
  974  substantially the following form:
  975  
  976                      WAIVER OF RIGHT TO CLAIM                     
  977                      AGAINST THE PAYMENT BOND                     
  978                         (PROGRESS PAYMENT)                        
  979  
  980         The undersigned, in consideration of the sum of $....
  981  hereby waives its right to claim against the payment bond for
  982  labor, services, or materials furnished through ...(insert
  983  date)..., to ...(insert the name of your customer)... on the job
  984  of ...(insert the name of the owner)..., for improvements to the
  985  following described project:
  986  
  987                      (description of project)                     
  988  
  989  This waiver does not cover any retention or any labor, services,
  990  or materials furnished after the date specified.
  991  DATED on ....
  992  ...(Lienor)...
  993  By:........
  994         (2) When a person is required to execute a waiver of his or
  995  her right to make a claim against a payment bond provided under
  996  pursuant to s. 713.23 or s. 713.245, in exchange for, or to
  997  induce payment of, the final payment, the waiver may be in
  998  substantially the following form:
  999  
 1000                      WAIVER OF RIGHT TO CLAIM                     
 1001                      AGAINST THE PAYMENT BOND                     
 1002  
 1003                           (FINAL PAYMENT)                         
 1004  
 1005         The undersigned, in consideration of the final payment in
 1006  the amount of $...., hereby waives its right to claim against
 1007  the payment bond for labor, services, or materials furnished to
 1008  ...(insert the name of your customer)... on the job of
 1009  ...(insert the name of the owner)..., for improvements to the
 1010  following described project:
 1011                      (description of project)                     
 1012  
 1013  DATED on ....
 1014  ...(Lienor)...
 1015  By:........
 1016         Section 15. Section 713.245, Florida Statutes, is repealed.
 1017         Section 16. Section 713.25, Florida Statutes, is repealed.
 1018         Section 17. Section 713.29, Florida Statutes, is amended to
 1019  read:
 1020         713.29 Attorney Attorney’s fees.—In any action brought to
 1021  enforce a lien, including a lien that has been transferred to
 1022  security, or to enforce a claim against a bond under this part,
 1023  the prevailing party is entitled to recover a reasonable fee for
 1024  the services of her or his attorney for trial and appeal or for
 1025  arbitration, in an amount to be determined by the court, which
 1026  fee must be taxed as part of the prevailing party’s costs, as
 1027  allowed in equitable actions.
 1028         Section 18. Paragraph (b) of subsection (2) and paragraph
 1029  (e) of subsection (5) of section 95.11, Florida Statutes, are
 1030  amended to read:
 1031         95.11 Limitations other than for the recovery of real
 1032  property.—Actions other than for recovery of real property shall
 1033  be commenced as follows:
 1034         (2) WITHIN FIVE YEARS.—
 1035         (b) A legal or equitable action on a contract, obligation,
 1036  or liability founded on a written instrument, except for an
 1037  action to enforce a claim against a payment bond, which shall be
 1038  governed by the applicable provisions of paragraph (5)(e), s.
 1039  255.05(9) s. 255.05(10), s. 337.18(1), or s. 713.23(1)(e), and
 1040  except for an action for a deficiency judgment governed by
 1041  paragraph (5)(h).
 1042         (5) WITHIN ONE YEAR.—
 1043         (e) Except for actions governed by s. 255.05(9) s.
 1044  255.05(10), s. 337.18(1), or s. 713.23(1)(e), an action to
 1045  enforce any claim against a payment bond on which the principal
 1046  is a contractor, subcontractor, or sub-subcontractor as defined
 1047  in s. 713.01, for private work as well as public work, from the
 1048  last furnishing of labor, services, or materials or from the
 1049  last furnishing of labor, services, or materials by the
 1050  contractor if the contractor is the principal on a bond on the
 1051  same construction project, whichever is later.
 1052         Section 19. This act shall take effect July 1, 2022.