Florida Senate - 2024                                    SB 1778
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01386-24                                           20241778__
    1                        A bill to be entitled                      
    2         An act relating to escrow accounts for improvements to
    3         residential real property; amending s. 713.345, F.S.;
    4         requiring contractors and qualified companies that
    5         receive a specified amount of money for improvements
    6         to residential real property to place such payments in
    7         an escrow account with specified institutions or
    8         persons; providing an exception; requiring the
    9         contractor or qualified company to provide certain
   10         written information within a specified timeframe to
   11         the owner of the residential real property being
   12         improved; authorizing the contractor or qualified
   13         company to keep funds received from different owners
   14         in the same account under certain circumstances;
   15         providing that the institution or person with whom
   16         funds were deposited is not required to make certain
   17         inquiries; providing that funds deposited into an
   18         escrow account remain the property of the owner;
   19         authorizing the contractor or qualified company to
   20         withdraw funds before the substantial completion of
   21         work in certain circumstances; authorizing the owner
   22         of the residential real property to request in a
   23         specified manner an accounting report from the
   24         contractor or qualified company; requiring the
   25         contractor or qualified company to provide such
   26         accounting report within a specified timeframe;
   27         providing applicability; creating a rebuttable
   28         presumption; providing criminal penalties; providing
   29         an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Present subsection (2) of section 713.345,
   34  Florida Statutes, is redesignated as subsection (3), and a new
   35  subsection (2) is added to that section, to read:
   36         713.345 Moneys received for real property improvements;
   37  penalty for misapplication; escrow account required for certain
   38  funds.—
   39         (2)(a)A contractor or qualified company that receives
   40  $10,000 or more for improvements to residential real property
   41  must, before the substantial completion of work under the
   42  contract, place such payment in an escrow account with a savings
   43  and loan association, bank, or trust company located in this
   44  state; an attorney who is a member in good standing with The
   45  Florida Bar; or a real estate broker licensed in this state,
   46  unless such escrow requirement is waived in writing by the owner
   47  of the residential real property.
   48         (b)Unless the contract specifies where such payment must
   49  be deposited, the contractor or qualified company must, within
   50  10 business days after a deposit has been made, inform the owner
   51  of the residential real property in writing of the name of the
   52  depository institution, attorney, or real estate broker with
   53  whom the funds have been deposited.
   54         (c)The contractor or qualified company may keep funds
   55  received from different owners in the same account if the
   56  contractor or qualified company has financial or accounting
   57  records that clearly show how the funds deposited were allocated
   58  to each owner.
   59         (d)A depository institution, an attorney, or a real estate
   60  broker who receives a payment in an amount of $10,000 or more
   61  from a contractor or qualified company under this subsection for
   62  improvements to residential real property is not required to
   63  inquire into the validity or propriety of any deposits to or
   64  withdrawals from the escrow account or to ensure that any
   65  withdrawals from such account are used for a specific purpose as
   66  required by a contract. A deposit into the escrow account
   67  remains the property of the owner of the residential real
   68  property, except as otherwise provided in this subsection.
   69         (e)A contractor or qualified company may withdraw funds
   70  from the escrow account before the substantial completion of
   71  work in the following circumstances:
   72         1.Under the terms of a payment schedule agreed to in the
   73  contract between the contractor or qualified company and the
   74  owner of the residential real property; or
   75         2.Upon substantial completion of the improvements to the
   76  residential real property if the owner of such property violates
   77  the contract, but only if the amount withdrawn by the contractor
   78  or qualified company covers reasonable costs plus liquidated
   79  damages not to exceed $500.
   80         (f)If a waiver of the escrow requirement has been executed
   81  in writing, the owner of the residential real property may
   82  deliver by certified mail, return receipt requested, a written
   83  demand to the address listed in the contract for an accounting
   84  report of the funds paid to the contractor or qualified company.
   85  If the address of the contractor or qualified company is not
   86  provided in the contract, or a written contract or agreement
   87  does not exist, the owner must deliver by certified mail, return
   88  receipt requested, the written demand to the address that is
   89  listed for the contractor or qualified company with the
   90  department for licensing purposes. Within 60 days after receipt
   91  of such demand, the contractor or qualified company must provide
   92  the owner with an accounting report indicating payments that
   93  were made to subcontractors and for purchased materials.
   94         (g)This subsection does not apply to any contract for
   95  hourly labor provided by the contractor or qualified company,
   96  but applies only to payments made to subcontractors and for
   97  materials before substantial completion of the contract.
   98         (h)The failure of a contractor or qualified company to
   99  respond to an owner’s written demand for an accounting report as
  100  required under paragraph (f) creates a rebuttable presumption
  101  that a violation of this subsection was willful.
  102         (i)A contractor or qualified company that violates this
  103  subsection commits a felony of the third degree, punishable as
  104  provided in s. 775.082, s. 775.083, or s. 775.084.
  105         Section 2. This act shall take effect July 1, 2024.