Florida 2025 Regular Session

Florida House Bill H0893 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to construction liens and bonds; 2
1616 amending s. 255.05, F.S.; requiring, rather than 3
1717 authorizing, a specified waiver to be in a certain 4
1818 form; authorizing a claimant to condition a waiver on 5
1919 the receipt of funds; providing that certain waivers 6
2020 are unenforceable; amending s. 713.015, F.S.; revising 7
2121 the notice a contractor must provide to an owner of 8
2222 certain real property if the direct contract bet ween 9
2323 the owner and contractor is more than a specified 10
2424 amount; amending s. 713.03, F.S.; providing that a 11
2525 person may not have a lien on improved real property 12
2626 if the contractor was paid in full under the direct 13
2727 contract; amending s. 713.06, F.S.; providing that a 14
2828 person may not have a lien on improved real property 15
2929 if the contractor was paid in full under the direct 16
3030 contract; revising the notice that certain lienors 17
3131 must provide to an owner of real property before 18
3232 perfecting a lien and recording a claim of lien; 19
3333 amending s. 713.20, F.S.; requiring, rather than 20
3434 authorizing, a specified waiver to be in a certain 21
3535 form; authorizing a claimant to condition a waiver on 22
3636 the receipt of funds; providing that certain waivers 23
3737 are unenforceable; providing an effective d ate. 24
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 Be It Enacted by the Legislature of the State of Florida: 26
5252 27
5353 Section 1. Paragraphs (b) through (f) of subsection (2) of 28
5454 section 255.05, Florida Statutes, are amended to read: 29
5555 255.05 Bond of contractor constructing public buildings; 30
5656 form; action by claimants.— 31
5757 (2) 32
5858 (b) When a person is required to execute a waiver of his 33
5959 or her right to make a claim against the payment bond in 34
6060 exchange for, or to induce payment of, a progress payment, the 35
6161 waiver must may be in substantially the following form : 36
6262 WAIVER OF RIGHT TO CLAIM 37
6363 AGAINST THE PAYMENT BOND 38
6464 (PROGRESS PAYMENT) 39
6565 The undersigned, in consideration of the sum of $...., 40
6666 hereby waives its right to claim against the payment bond for 41
6767 labor, services, or materials furnished through ...(insert 42
6868 date)... to ...(insert the name of your customer)... on the job 43
6969 of ...(insert the name of the owner)..., for improvements to the 44
7070 following described project: 45
7171 (description of project) 46
7272 This waiver does not cover any retention or any labor, services, 47
7373 or materials furnished after the date specified. 48
7474 DATED ON ........, ..... 49
7575 ...(Claimant)... 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 By:............ 51
8989 (c) When a person is required to execute a waiver of his 52
9090 or her right to make a claim against the payment bond, in 53
9191 exchange for, or to induce payment of, the fina l payment, the 54
9292 waiver must may be in substantially the following form: 55
9393 WAIVER OF RIGHT TO CLAIM 56
9494 AGAINST THE PAYMENT BOND 57
9595 (FINAL PAYMENT) 58
9696 The undersigned, in consideration of the final payment in 59
9797 the amount of $...., hereby waives its right to claim against 60
9898 the payment bond for labor, services, or materials furnished to 61
9999 ...(insert the name of your customer)... on the job of 62
100100 ...(insert the name of the owner)..., for improvements to the 63
101101 following described project: 64
102102 (description of project) 65
103103 DATED ON ........, ..... 66
104104 ...(Claimant)... 67
105105 By:............ 68
106106 (d) A person may not require a claimant to furnish a 69
107107 waiver that is different from the forms in paragraphs (b) and 70
108108 (c). 71
109109 (e) A claimant who executes a waiver in exchange for a 72
110110 payment check may condition the waiver on the receipt of funds 73
111111 payment of the check . 74
112112 (f) A waiver that is not substantially similar to the 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 forms in this subsection is unenforceable enforceable in 76
126126 accordance with its terms . 77
127127 Section 2. Subsection (1) of section 713.015, Florida 78
128128 Statutes, is amended to read: 79
129129 713.015 Mandatory provisions for direct contracts. — 80
130130 (1) Any direct contract greater than $2,500 between an 81
131131 owner and a contractor, related to improvements to real property 82
132132 consisting of single or multiple family dwellings up t o and 83
133133 including four units, must contain the following notice 84
134134 provision printed in no less than 12 -point, capitalized, 85
135135 boldfaced type on the front page of the contract or on a 86
136136 separate page, signed by the owner and dated: 87
137137 ACCORDING TO FLORIDA'S CONSTRUCTIO N LIEN LAW (SECTIONS 713.001 -88
138138 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR 89
139139 PROVIDE MATERIALS AND SERVICES FOR YOUR PROJECT AND ARE NOT PAID 90
140140 IN FULL FOR SUCH WORK, MATERIALS, OR SERVICES MAY HAVE A RIGHT 91
141141 TO ENFORCE THEIR CLAIM FOR PAYMENT AG AINST YOUR PROPERTY USING. 92
142142 THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. SPECIFICALLY, IF YOU 93
143143 FAIL TO PAY IF YOUR CONTRACTOR THEN YOUR CONTRACTOR AND CERTAIN 94
144144 OTHER PERSONS WORKING UNDER YOUR CONTRACTOR WHO ARE OWED MONEY 95
145145 FOR THE WORK, MATERIALS, OR SERVICES THEY PROVIDED FOR YOUR 96
146146 PROJECT MAY PLACE OR A SUBCONTRACTOR FAILS TO PAY 97
147147 SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE 98
148148 PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, 99
149149 EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL . IF YOU 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A 101
163163 LIEN ON YOUR PROPERTY TO SECURE PAYMENTS OWED . THIS MEANS IF A 102
164164 LIEN IS FILED ON YOUR PROPERTY, YOUR PROPERTY COULD BE SOLD 103
165165 AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICE S 104
166166 FOR WHICH YOU THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE 105
167167 FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD PROTECT YOURSELF 106
168168 BY STIPULATING STIPULATE IN THIS CONTRACT THAT BEFORE ANY 107
169169 PAYMENT IS MADE, YOUR CONTRACTOR MUST IS REQUIRED TO PROVIDE YOU 108
170170 WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT 109
171171 HAS PROVIDED TO YOU WITH A "NOTICE TO OWNER." FLORIDA'S 110
172172 CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU 111
173173 CONSULT AN ATTORNEY. 112
174174 Section 3. Subsection (1) of section 713.03, Florid a 113
175175 Statutes, is amended to read: 114
176176 713.03 Liens for professional services. — 115
177177 (1) Any person who performs services as architect, 116
178178 landscape architect, interior designer, engineer, or surveyor 117
179179 and mapper, subject to compliance with and the limitations 118
180180 imposed by this part, has a lien on the real property improved 119
181181 for any money that is owing to him or her for his or her 120
182182 services used in connection with improving the real property or 121
183183 for his or her services in supervising any portion of the work 122
184184 of improving the real property, rendered in accordance with his 123
185185 or her contract and with the direct contract. Notwithstanding 124
186186 the foregoing, a person may not have a lien on the real property 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 improved if the contactor received payment in full for all 126
200200 moneys owed to date un der the direct contract. 127
201201 Section 4. Subsection (1) and paragraph (c) of subsection 128
202202 (2) of section 713.06, Florida Statutes, are amended to read: 129
203203 713.06 Liens of persons not in privity; proper payments. — 130
204204 (1)(a) A materialman or laborer, either of whom is not in 131
205205 privity with the owner, or a subcontractor or sub -subcontractor 132
206206 who complies with the provisions of this part and is subject to 133
207207 the limitations thereof, has a lien on the real property 134
208208 improved for any money that is owed to him or her for labor, 135
209209 services, or materials furnished in accordance with his or her 136
210210 contract and with the direct contract and for any unpaid finance 137
211211 charges due under the lienor's contract. Notwithstanding the 138
212212 foregoing, a person may not have a lien on the real property 139
213213 improved if the contactor received payment in full for all 140
214214 moneys owed to date under the direct contract. 141
215215 (b) A materialman or laborer, either of whom is not in 142
216216 privity with the owner, or a subcontractor or sub -subcontractor 143
217217 who complies with the provisions of this part and is subject to 144
218218 the limitations thereof, also has a lien on the owner's real 145
219219 property for labor, services, or materials furnished to improve 146
220220 public property if the improvement of the public property i s 147
221221 furnished in accordance with his or her contract and with the 148
222222 direct contract. Notwithstanding the foregoing, a person may not 149
223223 have a lien on the real property improved if the contactor 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 received payment in full for all moneys owed to date under the 151
237237 direct contract. 152
238238 (c) The total amount of all liens allowed under this part 153
239239 for furnishing labor, services, or material covered by any 154
240240 certain direct contract must not exceed the amount of the 155
241241 contract price fixed by the direct contract except as provided 156
242242 in subsection (3). 157
243243 (d) A person may not No person may have a lien under this 158
244244 section except those lienors specified in it, as their 159
245245 designations are defined in s. 713.01. 160
246246 (2) 161
247247 (c) The notice may be in substantially the following form 162
248248 and must include the i nformation and the warning contained in 163
249249 the following form: 164
250250 165
251251 WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID 166
252252 CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE 167
253253 LIENS AGAINST YOUR PROPERTY IN CERTAIN CIRCUMSTANCES EVEN IF YOU 168
254254 HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO 169
255255 PAY THE CONTRACTOR IN FULL FOR ALL MONEYS OWED ON THE DIRECT 170
256256 CONTRACT MAKE SURE THAT WE ARE PAID MAY RESULT IN ONE OR MORE 171
257257 LIENS A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE . 172
258258 TO AVOID A LIEN AND PAY ING TWICE, YOU MUST OBTAIN A WRITTEN 173
259259 RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR. 174
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 NOTICE TO OWNER 176
274274 177
275275 To ...(Owner's name and address)... 178
276276 179
277277 The undersigned hereby informs you that he or she has furnished 180
278278 or is furnishing services or materials as follows: 181
279279 ...(General description of services or materials)... for the 182
280280 improvement of the real property identified as ...(property 183
281281 description)... under an order given by............. 184
282282 185
283283 Florida law prescribes the serving of this notice and restricts 186
284284 your right to make payments under your contract in accordance 187
285285 with Section 713.06, Florida Statutes. 188
286286 189
287287 IMPORTANT INFORMATION FOR 190
288288 YOUR PROTECTION 191
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290290 Under Florida's laws, those who work on your property or 193
291291 provide materials and are not paid may have a right to enforc e 194
292292 their claim for payment against your property using. This claim 195
293293 is known as a construction lien. If you fail to pay your 196
294294 contractor or neglect to make other legally required payments, 197
295295 fails to pay subcontractors, or material suppliers, and others 198
296296 or neglects to make other legally required payments, the people 199
297297 who are owed money may have the right to place a lien on look to 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 your property for payment in certain circumstances , EVEN IF YOU 201
311311 HAVE PAID YOUR CONTRACTOR IN FULL . 202
312312 203
313313 PROTECT YOURSELF: 204
314314 —RECOGNIZE that this Notice to Owner may result in a lien 205
315315 against your property unless the contractor has received payment 206
316316 in full for all moneys owed to date under the direct contract 207
317317 all those supplying a Notice to Owner have been paid . 208
318318 —LEARN more about the Construct ion Lien Law, Chapter 713, 209
319319 Part I, Florida Statutes, and the meaning of this notice by 210
320320 contacting an attorney or the Florida Department of Business and 211
321321 Professional Regulation. 212
322322 ...(Lienor's Signature)... 213
323323 ...(Lienor's Name)... 214
324324 ...(Lienor's Address)... 215
325325 Copies to: ...(Those persons listed in Section 713.06(2)(a) and 216
326326 (b), Florida Statutes)... 217
327327 The form may be combined with a notice to contractor given under 218
328328 s. 255.05 or s. 713.23 and, if so, may be entitled "NOTICE TO 219
329329 OWNER/NOTICE TO CONTRACTOR." 220
330330 Section 5. Subsections (4) through (8) of section 713.20, 221
331331 Florida Statutes, are amended to read: 222
332332 713.20 Waiver or release of liens. — 223
333333 (4) When a lienor is required to execute a waiver or 224
334334 release of lien in exchange for, or to induce payment of, a 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 progress payment, the waiver or release must may be in 226
348348 substantially the following form: 227
349349 WAIVER AND RELEASE OF LIEN 228
350350 UPON PROGRESS PAYMENT 229
351351 The undersigned lienor, in consideration of the sum of 230
352352 $...., hereby waives and releases its lien and right to claim a 231
353353 lien for labor, services, or materials furnished through 232
354354 ...(insert date)... to ...(insert the name of your customer)... 233
355355 on the job of ...(insert the name of the owner)... to the 234
356356 following property: 235
357357 ...(description of property)... 236
358358 This waiver and release does not c over any retention or labor, 237
359359 services, or materials furnished after the date specified. 238
360360 DATED on ...., ...(year).... ...(Lienor)... 239
361361 By: ........ 240
362362 (5) When a lienor is required to execute a waiver or 241
363363 release of lien in exchange for, or to induce payment o f, the 242
364364 final payment, the waiver and release must may be in 243
365365 substantially the following form: 244
366366 WAIVER AND RELEASE OF LIEN 245
367367 UPON FINAL PAYMENT 246
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376376 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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380380 The undersigned lienor, in consideration of the final 247
381381 payment in the amount of $........, hereby waives and releas es 248
382382 its lien and right to claim a lien for labor, services, or 249
383383 materials furnished to ...(insert the name of your customer)... 250
384384 on the job of ...(insert the name of the owner)... to the 251
385385 following described property: 252
386386 ...(description of property)... 253
387387 DATED on ...., ...(year).... ...(Lienor)... 254
388388 By: ........ 255
389389 (6) A person may not require a lienor to furnish a lien 256
390390 waiver or release of lien that is different from the forms in 257
391391 subsection (4) or subsection (5). 258
392392 (7) A lienor who executes a lien waiver and release in 259
393393 exchange for a payment check may condition the waiver and 260
394394 release on the receipt of funds payment of the check . However, 261
395395 in the absence of a payment bond protecting the owner, the owner 262
396396 may withhold from any payment to the contractor the amount of 263
397397 any such unpaid funds check until any such condition is 264
398398 satisfied. 265
399399 (8) A lien waiver or lien release that is not 266
400400 substantially similar to the forms in subsections (4) and (5) is 267
401401 unenforceable enforceable in accordance with the terms of the 268
402402 lien waiver or lien release. 269
403403 Section 6. This act shall take effect July 1, 2025. 270