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.