Bill Text: FL S0622 | 2021 | Regular Session | Comm Sub


Bill Title: Liens and Bonds

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-04-16 - Placed on Special Order Calendar, 04/21/21 [S0622 Detail]

Download: Florida-2021-S0622-Comm_Sub.html
       Florida Senate - 2021                              CS for SB 622
       
       
        
       By the Committee on Judiciary; and Senator Perry
       
       
       
       
       
       590-02128-21                                           2021622c1
    1                        A bill to be entitled                      
    2         An act relating to liens and bonds; amending s.
    3         255.05, F.S.; requiring that a copy of a notice of
    4         nonpayment be served on the surety; revising the
    5         process for notarizing a notice of nonpayment;
    6         prohibiting a person from requiring a claimant to
    7         furnish a certain waiver in exchange for or to induce
    8         certain payments; providing that specified provisions
    9         in certain waivers are unenforceable; providing an
   10         exception; requiring service of documents to be made
   11         in a specified manner; amending s. 337.18, F.S.;
   12         providing that certain waivers apply to certain
   13         contracts; requiring service of documents to be made
   14         in a specified manner; amending s. 713.01, F.S.;
   15         revising definitions; amending s. 713.09, F.S.;
   16         authorizing a lienor to record one claim of lien for
   17         multiple direct contracts; amending s. 713.10, F.S.;
   18         revising the extent of certain liens; amending s.
   19         713.13, F.S.; revising information to be included in a
   20         notice of commencement; revising the process for
   21         notarizing a notice of commencement; amending s.
   22         713.132, F.S.; revising requirements for a notice of
   23         termination; amending s. 713.18, F.S.; requiring
   24         service of documents relating to construction bonds to
   25         be made in a specified manner; making technical
   26         changes; amending s. 713.20, F.S.; prohibiting a
   27         person from requiring a lienor to furnish a certain
   28         waiver or release in exchange for or to induce certain
   29         payments; providing that specified provisions in
   30         certain waivers or releases are unenforceable;
   31         providing an exception; amending s. 713.21, F.S.;
   32         authorizing the full or partial release of a lien
   33         under specified conditions; amending s. 713.23, F.S.;
   34         requiring that a copy of a notice of nonpayment be
   35         served on the surety; revising the process for
   36         notarizing a notice of nonpayment under a payment
   37         bond; amending s. 713.235, F.S.; prohibiting a person
   38         from requiring a lienor to furnish a certain waiver or
   39         release in exchange for or to induce certain payments;
   40         providing that specified provisions in certain waivers
   41         or releases are unenforceable; providing an exception;
   42         amending s. 713.29, F.S.; authorizing attorney fees in
   43         actions to enforce a lien that has been transferred to
   44         security; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Paragraphs (a), (d), and (f) of subsection (2)
   49  of section 255.05, Florida Statutes, are amended, and subsection
   50  (12) is added to that section, to read:
   51         255.05 Bond of contractor constructing public buildings;
   52  form; action by claimants.—
   53         (2)(a)1. If a claimant is no longer furnishing labor,
   54  services, or materials on a project, a contractor or the
   55  contractor’s agent or attorney may elect to shorten the time
   56  within which an action to enforce any claim against a payment
   57  bond must be commenced by recording in the clerk’s office a
   58  notice in substantially the following form:
   59  
   60                     NOTICE OF CONTEST OF CLAIM                    
   61                        AGAINST PAYMENT BOND                       
   62  
   63  To: ...(Name and address of claimant)...
   64  
   65         You are notified that the undersigned contests your notice
   66  of nonpayment, dated ............, ........, and served on the
   67  undersigned on ............, ........, and that the time within
   68  which you may file suit to enforce your claim is limited to 60
   69  days after the date of service of this notice.
   70  
   71         DATED on ............, .........
   72  
   73  Signed: ...(Contractor or Attorney)...
   74  
   75  The claim of a claimant upon whom such notice is served and who
   76  fails to institute a suit to enforce his or her claim against
   77  the payment bond within 60 days after service of such notice is
   78  extinguished automatically. The contractor or the contractor’s
   79  attorney shall serve a copy of the notice of contest on to the
   80  claimant at the address shown in the notice of nonpayment or
   81  most recent amendment thereto and shall certify to such service
   82  on the face of the notice and record the notice.
   83         2. A claimant, except a laborer, who is not in privity with
   84  the contractor shall, before commencing or not later than 45
   85  days after commencing to furnish labor, services, or materials
   86  for the prosecution of the work, serve the contractor with a
   87  written notice that he or she intends to look to the bond for
   88  protection. A claimant who is not in privity with the contractor
   89  and who has not received payment for furnishing his or her
   90  labor, services, or materials shall serve a written notice of
   91  nonpayment on the contractor and a copy of the notice on the
   92  surety. The notice of nonpayment shall be under oath and served
   93  during the progress of the work or thereafter but may not be
   94  served earlier than 45 days after the first furnishing of labor,
   95  services, or materials by the claimant or later than 90 days
   96  after the final furnishing of the labor, services, or materials
   97  by the claimant or, with respect to rental equipment, later than
   98  90 days after the date that the rental equipment was last on the
   99  job site available for use. Any notice of nonpayment served by a
  100  claimant who is not in privity with the contractor which
  101  includes sums for retainage must specify the portion of the
  102  amount claimed for retainage. An action for the labor, services,
  103  or materials may not be instituted against the contractor or the
  104  surety unless the notice to the contractor and notice of
  105  nonpayment have been served, if required by this section.
  106  Notices required or permitted under this section must be served
  107  in accordance with s. 713.18. A claimant may not waive in
  108  advance his or her right to bring an action under the bond
  109  against the surety. In any action brought to enforce a claim
  110  against a payment bond under this section, the prevailing party
  111  is entitled to recover a reasonable fee for the services of his
  112  or her attorney for trial and appeal or for arbitration, in an
  113  amount to be determined by the court, which fee must be taxed as
  114  part of the prevailing party’s costs, as allowed in equitable
  115  actions. The time periods for service of a notice of nonpayment
  116  or for bringing an action against a contractor or a surety are
  117  shall be measured from the last day of furnishing labor,
  118  services, or materials by the claimant and may not be measured
  119  by other standards, such as the issuance of a certificate of
  120  occupancy or the issuance of a certificate of substantial
  121  completion. The negligent inclusion or omission of any
  122  information in the notice of nonpayment that has not prejudiced
  123  the contractor or surety does not constitute a default that
  124  operates to defeat an otherwise valid bond claim. A claimant who
  125  serves a fraudulent notice of nonpayment forfeits his or her
  126  rights under the bond. A notice of nonpayment is fraudulent if
  127  the claimant has willfully exaggerated the amount unpaid,
  128  willfully included a claim for work not performed or materials
  129  not furnished for the subject improvement, or prepared the
  130  notice with such willful and gross negligence as to amount to a
  131  willful exaggeration. However, a minor mistake or error in a
  132  notice of nonpayment, or a good faith dispute as to the amount
  133  unpaid, does not constitute a willful exaggeration that operates
  134  to defeat an otherwise valid claim against the bond. The service
  135  of a fraudulent notice of nonpayment is a complete defense to
  136  the claimant’s claim against the bond. The notice of nonpayment
  137  under this subparagraph must include the following information,
  138  current as of the date of the notice, and must be in
  139  substantially the following form:
  140  
  141                        NOTICE OF NONPAYMENT                       
  142  
  143  To: ...(name of contractor and address)...
  144  
  145  ...(name of surety and address)...
  146  
  147  The undersigned claimant notifies you that:
  148         1. Claimant has furnished ...(describe labor, services, or
  149  materials)... for the improvement of the real property
  150  identified as ...(property description).... The corresponding
  151  amount unpaid to date is $...., of which $.... is unpaid
  152  retainage.
  153         2. Claimant has been paid to date the amount of $.... for
  154  previously furnishing ...(describe labor, services, or
  155  materials)... for this improvement.
  156         3. Claimant expects to furnish ...(describe labor,
  157  services, or materials)... for this improvement in the future
  158  (if known), and the corresponding amount expected to become due
  159  is $.... (if known).
  160  
  161  I declare that I have read the foregoing Notice of Nonpayment
  162  and that the facts stated in it are true to the best of my
  163  knowledge and belief.
  164  
  165  DATED on ............, .........
  166  
  167  ...(signature and address of claimant)...
  168  
  169  STATE OF FLORIDA
  170  COUNTY OF ........
  171  
  172  The foregoing instrument was sworn to (or affirmed) and
  173  subscribed before me by means of ☐ physical presence or sworn to
  174  (or affirmed) by ☐ online notarization this .... day of ....,
  175  ...(year)..., by ...(name of signatory)....
  176  
  177         ...(Signature of Notary Public - State of Florida)...
  178         ...(Print, Type, or Stamp Commissioned Name of Notary
  179  Public)...
  180  
  181  Personally Known ........ OR Produced Identification ........
  182  
  183  Type of Identification Produced	
  184  
  185         (d) A person may not require a claimant to furnish a waiver
  186  that is different from the forms in paragraphs (b) and (c) in
  187  exchange for, or to induce payment of, a progress payment or
  188  final payment unless the claimant has entered into a direct
  189  contract that requires the claimant to furnish a waiver that is
  190  different from the forms in paragraphs (b) and (c).
  191         (f) Any provisions in a waiver which are that is not
  192  related to the waiver of a claim or a right to claim against a
  193  payment bond as provided in this subsection are unenforceable,
  194  unless the claimant has otherwise agreed to those provisions in
  195  the direct contract substantially similar to the forms in this
  196  subsection is enforceable in accordance with its terms.
  197         (12) Unless otherwise provided in this section, service of
  198  any document must be made in accordance with s. 713.18.
  199         Section 2. Paragraph (c) of subsection (1) of section
  200  337.18, Florida Statutes, is amended, and subsection (6) is
  201  added to that section, to read:
  202         337.18 Surety bonds for construction or maintenance
  203  contracts; requirement with respect to contract award; bond
  204  requirements; defaults; damage assessments.—
  205         (1)
  206         (c) A claimant, except a laborer, who is not in privity
  207  with the contractor shall, before commencing or not later than
  208  90 days after commencing to furnish labor, materials, or
  209  supplies for the prosecution of the work, furnish the contractor
  210  with a notice that he or she intends to look to the bond for
  211  protection. A claimant who is not in privity with the contractor
  212  and who has not received payment for his or her labor,
  213  materials, or supplies shall deliver to the contractor and to
  214  the surety written notice of the performance of the labor or
  215  delivery of the materials or supplies and of the nonpayment. The
  216  notice of nonpayment may be served at any time during the
  217  progress of the work or thereafter but not before 45 days after
  218  the first furnishing of labor, services, or materials, and not
  219  later than 90 days after the final furnishing of the labor,
  220  services, or materials by the claimant or, with respect to
  221  rental equipment, not later than 90 days after the date that the
  222  rental equipment was last on the job site available for use. An
  223  action by a claimant, except a laborer, who is not in privity
  224  with the contractor for the labor, materials, or supplies may
  225  not be instituted against the contractor or the surety unless
  226  both notices have been given. Written notices required or
  227  permitted under this section must may be served in accordance
  228  with any manner provided in s. 713.18, and provisions for the
  229  waiver of a claim or a right to claim against a payment bond
  230  contained in s. 713.235 apply to all contracts under this
  231  section.
  232         (6) Unless otherwise provided in this section, service of
  233  any document must be made in accordance with s. 713.18.
  234         Section 3. Subsections (4), (8), and (26) of section
  235  713.01, Florida Statutes, are amended to read:
  236         713.01 Definitions.—As used in this part, the term:
  237         (4) “Clerk’s office” means the office of the clerk of the
  238  circuit court of the county, or another office serving as the
  239  county recorder as provided by law, in which the real property
  240  is located.
  241         (8) “Contractor” means a person other than a materialman or
  242  laborer who enters into a contract with the owner of real
  243  property for improving it, or who takes over from a contractor
  244  as so defined the entire remaining work under such contract. The
  245  term “contractor” includes an architect, landscape architect, or
  246  engineer who improves real property pursuant to a design-build
  247  contract authorized by s. 489.103(16). The term also includes a
  248  licensed general contractor or building contractor, as those
  249  terms are defined in s. 489.105(3)(a) and (b), respectively, who
  250  provides construction management services, which include
  251  responsibility for scheduling and coordination in both
  252  preconstruction and construction phases and for the successful,
  253  timely, and economical completion of the construction project,
  254  or who provides program management services, which include
  255  responsibility for schedule control, cost control, and
  256  coordination in providing or procuring planning, design, and
  257  construction.
  258         (26) “Real property” means the land that is improved and
  259  the improvements thereon, including fixtures, except any such
  260  property owned by the state or any county, municipality, school
  261  board, or governmental agency, commission, or political
  262  subdivision. The term includes a private leasehold interest that
  263  is improved, and the improvements thereon, on land that is owned
  264  by the state or any county, municipality, school board, or
  265  governmental agency, commission, or political subdivision.
  266         Section 4. Section 713.09, Florida Statutes, is amended to
  267  read:
  268         713.09 Single claim of lien.—A lienor may is required to
  269  record only one claim of lien covering his or her entire demand
  270  against the real property when the amount demanded is for labor
  271  or services or material furnished for more than one improvement
  272  under the same direct contract or multiple direct contracts. The
  273  single claim of lien is sufficient even though the improvement
  274  is for one or more improvements located on separate lots,
  275  parcels, or tracts of land. If materials to be used on one or
  276  more improvements on separate lots, parcels, or tracts of land
  277  under one direct contract are delivered by a lienor to a place
  278  designated by the person with whom the materialman contracted,
  279  other than the site of the improvement, the delivery to the
  280  place designated is prima facie evidence of delivery to the site
  281  of the improvement and incorporation in the improvement. The
  282  single claim of lien may be limited to a part of multiple lots,
  283  parcels, or tracts of land and their improvements or may cover
  284  all of the lots, parcels, or tracts of land and improvements. If
  285  a In each claim of lien under this section is for multiple
  286  direct contracts, the owner under the direct contracts contract
  287  must be the same person for all lots, parcels, or tracts of land
  288  against which a single claim of lien is recorded.
  289         Section 5. Paragraph (b) of subsection (2) of section
  290  713.10, Florida Statutes, is amended, and subsection (4) is
  291  added to that section, to read:
  292         713.10 Extent of liens.—
  293         (2)
  294         (b) The interest of the lessor is not subject to liens for
  295  improvements made by the lessee when:
  296         1. The lease, or a short form or a memorandum of the lease
  297  that contains the specific language in the lease prohibiting
  298  such liability, is recorded in the official records of the
  299  county where the premises are located before the recording of a
  300  notice of commencement for improvements to the premises and the
  301  terms of the lease expressly prohibit such liability; or
  302         2. The terms of the lease expressly prohibit such
  303  liability, and a notice advising that leases for the rental of
  304  premises on a parcel of land prohibit such liability has been
  305  recorded in the official records of the county in which the
  306  parcel of land is located before the recording of a notice of
  307  commencement for improvements to the premises, and the notice
  308  includes the following:
  309         a. The name of the lessor.
  310         b. The legal description of the parcel of land to which the
  311  notice applies.
  312         c. The specific language contained in the various leases
  313  prohibiting such liability.
  314         d. A statement that all or a majority of the leases entered
  315  into for premises on the parcel of land expressly prohibit such
  316  liability.
  317         3. The lessee is a mobile home owner who is leasing a
  318  mobile home lot in a mobile home park from the lessor.
  319  
  320  A notice that is consistent with subparagraph 2. effectively
  321  prohibits liens for improvements made by a lessee even if other
  322  leases for premises on the parcel do not expressly prohibit
  323  liens or if provisions of each lease restricting the application
  324  of liens are not identical.
  325         (4) The interest of the lessor is not subject to liens for
  326  improvements made by the lessee when the lessee is a mobile home
  327  owner who is leasing a mobile home lot in a mobile home park
  328  from the lessor.
  329         Section 6. Paragraphs (a), (c), and (d) of subsection (1)
  330  of section 713.13, Florida Statutes, are amended to read:
  331         713.13 Notice of commencement.—
  332         (1)(a) Except for an improvement that is exempt under
  333  pursuant to s. 713.02(5), an owner or the owner’s authorized
  334  agent before actually commencing to improve any real property,
  335  or recommencing completion of any improvement after default or
  336  abandonment, whether or not a project has a payment bond
  337  complying with s. 713.23, shall record a notice of commencement
  338  in the clerk’s office and forthwith post either a certified copy
  339  thereof or a notarized statement that the notice of commencement
  340  has been filed for recording along with a copy thereof. The
  341  notice of commencement shall contain the following information:
  342         1. A description sufficient for identification of the real
  343  property to be improved. The description should include the
  344  legal description of the property and also should include the
  345  street address and tax folio number of the property if available
  346  or, if there is no street address available, such additional
  347  information as will describe the physical location of the real
  348  property to be improved.
  349         2. A general description of the improvement.
  350         3. The name and address of the owner, the owner’s interest
  351  in the site of the improvement, and the name and address of the
  352  fee simple titleholder, if other than such owner.
  353         4.The name and address of the lessee, if the A lessee who
  354  contracts for the improvements as is an owner as defined in s.
  355  713.01 under s. 713.01(23) and must be listed as the owner
  356  together with a statement that the ownership interest is a
  357  leasehold interest.
  358         5.4. The name and address of the contractor.
  359         6.5. The name and address of the surety on the payment bond
  360  under s. 713.23, if any, and the amount of such bond.
  361         7.6. The name and address of any person making a loan for
  362  the construction of the improvements.
  363         8.7. The name and address within the state of a person
  364  other than himself or herself who may be designated by the owner
  365  as the person upon whom notices or other documents may be served
  366  under this part; and service upon the person so designated
  367  constitutes service upon the owner.
  368         (c) If the contract between the owner and a contractor
  369  named in the notice of commencement expresses a period of time
  370  for completion for the construction of the improvement greater
  371  than 1 year, the notice of commencement must state that it is
  372  effective for a period of 1 year plus any additional period of
  373  time. Any payments made by the owner after the expiration of the
  374  notice of commencement are considered improper payments.
  375         (d) A notice of commencement must be in substantially the
  376  following form:
  377  
  378  Permit No.....                                 Tax Folio No.....
  379                       NOTICE OF COMMENCEMENT                      
  380  State of....
  381  County of....
  382  
  383  The undersigned hereby gives notice that improvement will be
  384  made to certain real property, and in accordance with Chapter
  385  713, Florida Statutes, the following information is provided in
  386  this Notice of Commencement.
  387         1. Description of property: ...(legal description of the
  388  property, and street address if available)....
  389         2. General description of improvement:.....
  390         3.a. Owner: ...name and address....
  391         b. Owner’s phone number:.... Owner information or Lessee
  392  information if the Lessee contracted for the improvement:
  393         a. Name and address:.....
  394         c.b. Interest in property:.....
  395         d.c. Name and address of fee simple titleholder (if
  396  different from Owner listed above):.....
  397         4.a.Lessee, if the lessee contracted for the improvement:
  398  ...(name and address)....
  399         b. Lessee’s phone number:..... a.
  400         5.a. Contractor: ...(name and address)....
  401         b. Contractor’s phone number:.....
  402         6.5. Surety (if applicable, a copy of the payment bond is
  403  attached):
  404         a. Name and address:.....
  405         b. Phone number:.....
  406         c. Amount of bond: $.....
  407         7.a.6.a. Lender: ...(name and address)....
  408         b. Lender’s phone number:.....
  409         8.7. Persons within the State of Florida designated by
  410  Owner upon whom notices or other documents may be served as
  411  provided by Section 713.13(1)(a)8. 713.13(1)(a)7., Florida
  412  Statutes:
  413         a. Name and address:.....
  414         b. Phone numbers of designated persons:.....
  415         9.a.8.a. In addition to himself or herself, Owner
  416  designates ............ of ............ to receive a copy of the
  417  Lienor’s Notice as provided in Section 713.13(1)(b), Florida
  418  Statutes.
  419         b. Phone number of person or entity designated by
  420  owner:.....
  421         10.9. Expiration date of notice of commencement (the
  422  expiration date will be 1 year after from the date of recording
  423  unless a different date is specified).....
  424  
  425  WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
  426  EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
  427  PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
  428  STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
  429  TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
  430  POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
  431  INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
  432  ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
  433  COMMENCEMENT.
  434  
  435  ...(Signature of Owner or Lessee, or Owner’s or Lessee’s
  436  Authorized Officer/Director/Partner/Manager)...
  437  
  438  ...(Signatory’s Title/Office)...
  439  
  440  The foregoing instrument was acknowledged before me by means of
  441  ☐ physical presence or acknowledged before me by means of ☐
  442  online notarization, this .... day of ...., ...(year)..., by
  443  ...(name of person)... as ...(type of authority, . . . e.g.
  444  officer, trustee, attorney in fact)... for ...(name of party on
  445  behalf of whom instrument was executed)....
  446  
  447  ...(Signature of Notary Public - State of Florida)...
  448  
  449  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  450  
  451         Personally Known .... OR Produced Identification ....
  452  
  453         Type of Identification Produced............
  454         Section 7. Subsections (1), (3), and (4) of section
  455  713.132, Florida Statutes, are amended to read:
  456         713.132 Notice of termination.—
  457         (1) An owner may terminate the period of effectiveness of a
  458  notice of commencement by executing, swearing to, and recording
  459  a notice of termination that contains:
  460         (a) The same information as the notice of commencement;
  461         (b) The official records’ recording office document book
  462  and page reference numbers and recording date affixed by the
  463  recording office on of the recorded notice of commencement;
  464         (c) A statement of the date as of which the notice of
  465  commencement is terminated, which date may not be earlier than
  466  30 days after the notice of termination is recorded;
  467         (d) A statement specifying that the notice applies to all
  468  the real property subject to the notice of commencement or
  469  specifying the portion of such real property to which it
  470  applies;
  471         (e) A statement that all lienors have been paid in full;
  472  and
  473         (f) A statement that the owner has, before recording the
  474  notice of termination, served a copy of the notice of
  475  termination on the contractor and on each lienor who has a
  476  direct contract with the owner or who has timely served a notice
  477  to owner, and a statement that the owner will serve a copy of
  478  the notice of termination on each lienor who timely serves a
  479  notice to owner after the notice of termination has been
  480  recorded. The owner is not required to serve a copy of the
  481  notice of termination on any lienor who has executed a waiver
  482  and release of lien upon final payment in accordance with s.
  483  713.20.
  484         (3) An owner may not record a notice of termination at any
  485  time after except after completion of construction, or after
  486  construction ceases before completion and all lienors have been
  487  paid in full or pro rata in accordance with s. 713.06(4).
  488         (4) If an owner or a contractor, by fraud or collusion,
  489  knowingly makes any fraudulent statement or affidavit in a
  490  notice of termination or any accompanying affidavit, the owner
  491  and the contractor, or either of them, as the case may be, is
  492  liable to any lienor who suffers damages as a result of the
  493  filing of the fraudulent notice of termination,; and any such
  494  lienor has a right of action for damages occasioned thereby.
  495         (5)(4) A notice of termination must be served before
  496  recording on each lienor who has a direct contract with the
  497  owner and on each lienor who has timely and properly served a
  498  notice to owner in accordance with this part before the
  499  recording of the notice of termination. A notice of termination
  500  must be recorded in the official records of the county in which
  501  the improvement is located. If properly served before recording
  502  in accordance with this subsection, the notice of termination
  503  terminates the period of effectiveness of the notice of
  504  commencement 30 days after the notice of termination is recorded
  505  in the official records is effective to terminate the notice of
  506  commencement at the later of 30 days after recording of the
  507  notice of termination or a later the date stated in the notice
  508  of termination as the date on which the notice of commencement
  509  is terminated. However, if a lienor who began work under the
  510  notice of commencement before its termination lacks a direct
  511  contract with the owner and timely serves his or her notice to
  512  owner after the notice of termination has been recorded, the
  513  owner must serve a copy of the notice of termination upon such
  514  lienor, and the termination of the notice of commencement as to
  515  that lienor is effective 30 days after service of the notice of
  516  termination if the notice of termination has been served
  517  pursuant to paragraph (1)(f) on the contractor and on each
  518  lienor who has a direct contract with the owner or who has
  519  served a notice to owner.
  520         Section 8. Section 713.18, Florida Statutes, is amended to
  521  read:
  522         713.18 Manner of serving documents notices and other
  523  instruments.—
  524         (1) Unless otherwise specifically provided by law, service
  525  of any document notices, claims of lien, affidavits,
  526  assignments, and other instruments permitted or required under
  527  this part, s. 255.05, or s. 337.18, or copies thereof when so
  528  permitted or required, unless otherwise specifically provided in
  529  this part, must be made by one of the following methods:
  530         (a) By hand actual delivery to the person to be served; if
  531  a partnership, to one of the partners; if a corporation, to an
  532  officer, director, managing agent, or business agent; or, if a
  533  limited liability company, to a member or manager.
  534         (b) By common carrier delivery service or by registered,
  535  Global Express Guaranteed, or certified mail to the person to be
  536  served, with postage or shipping paid by the sender and with
  537  evidence of delivery, which may be in an electronic format.
  538         (c) By posting on the site of the improvement if service as
  539  provided by paragraph (a) or paragraph (b) cannot be
  540  accomplished.
  541         (2) Notwithstanding subsection (1), service of a notice to
  542  owner or a preliminary notice to contractor under this part, s.
  543  255.05, or s. 337.18, or s. 713.23 is effective as of the date
  544  of mailing and the requirements for service under this section
  545  have been satisfied if:
  546         (a) The notice is mailed by registered, Global Express
  547  Guaranteed, or certified mail, with postage prepaid, to the
  548  person to be served and addressed as prescribed at any of the
  549  addresses set forth in subsection (3);
  550         (b) The notice is mailed within 40 days after the date the
  551  lienor first furnishes labor, services, or materials; and
  552         (c)1. The person who served the notice maintains a
  553  registered or certified mail log that shows the registered or
  554  certified mail number issued by the United States Postal
  555  Service, the name and address of the person served, and the date
  556  stamp of the United States Postal Service confirming the date of
  557  mailing; or
  558         2. The person who served the notice maintains electronic
  559  tracking records approved or generated by the United States
  560  Postal Service containing the postal tracking number, the name
  561  and address of the person served, and verification of the date
  562  of receipt by the United States Postal Service.
  563         (3)(a) Notwithstanding subsection (1), service of a
  564  document under an instrument pursuant to this section is
  565  effective on the date of mailing or shipping, and the
  566  requirements for service under this section have been satisfied,
  567  the instrument if the document it:
  568         1. Is sent to the last address shown in the notice of
  569  commencement or any amendment thereto or, in the absence of a
  570  properly indexed notice of commencement that contains the
  571  information specified in s. 713.13(1)(b), notice of
  572  commencement, to the last address shown in the building permit
  573  application, or to the last known address of the person to be
  574  served unless otherwise specifically provided in this part, s.
  575  255.05, or s. 337.18; and
  576         2. Is returned as being “refused,” “moved, not
  577  forwardable,” or “unclaimed,” or is otherwise not delivered or
  578  deliverable through no fault of the person serving the document
  579  item.
  580         (b) If the address shown in the notice of commencement or
  581  any amendment thereto to the notice of commencement, or, in the
  582  absence of a notice of commencement, in the building permit
  583  application, is incomplete for purposes of mailing or delivery,
  584  the person serving the document item may complete the address
  585  and properly format it according to United States Postal Service
  586  addressing standards using information obtained from the
  587  property appraiser or another public record without affecting
  588  the validity of service under this section.
  589         (4) A document notice served by a lienor on one owner or
  590  one partner of a partnership owning the real property is deemed
  591  served on notice to all owners and partners.
  592         Section 9. Subsections (6) and (8) of section 713.20,
  593  Florida Statutes, are amended to read:
  594         713.20 Waiver or release of liens.—
  595         (6) A person may not require a lienor to furnish a lien
  596  waiver or release of lien that is different from the forms in
  597  subsection (4) or subsection (5) in exchange for, or to induce
  598  payment of, a progress payment or final payment unless the
  599  lienor has entered into a direct contract that requires the
  600  lienor to furnish a waiver or release that is different from the
  601  forms in subsection (4) or subsection (5).
  602         (8) Any provisions in a lien waiver or lien release which
  603  are that is not related to the waiver or release of a lien or
  604  the right to claim a lien as provided in this section are
  605  unenforceable, unless the lienor has otherwise agreed to those
  606  provisions in the direct contract substantially similar to the
  607  forms in subsections (4) and (5) is enforceable in accordance
  608  with the terms of the lien waiver or lien release.
  609         Section 10. Section 713.21, Florida Statutes, is amended to
  610  read:
  611         713.21 Discharge of lien.—A lien properly perfected under
  612  this chapter may be discharged, or released in whole or in part,
  613  by any of the following methods:
  614         (1) By entering satisfaction of the lien upon the margin of
  615  the record thereof in the clerk’s office when not otherwise
  616  prohibited by law. This satisfaction shall be signed by the
  617  lienor, the lienor’s agent or attorney and attested by said
  618  clerk. Any person who executes a claim of lien has shall have
  619  authority to execute a satisfaction in the absence of actual
  620  notice of lack of authority to any person relying on the same.
  621         (2) By the satisfaction or release of the lienor, duly
  622  acknowledged and recorded in the clerk’s office. The
  623  satisfaction or release must include the lienor’s notarized
  624  signature and set forth the official records’ reference numbers
  625  and recording date affixed by the recording office on the
  626  subject lien. Any person who executes a claim of lien has shall
  627  have authority to execute a satisfaction or release in the
  628  absence of actual notice of lack of authority to any person
  629  relying on the same.
  630         (3) By failure to begin an action to enforce the lien
  631  within the time prescribed in this part.
  632         (4) By an order of the circuit court of the county where
  633  the property is located, as provided in this subsection. Upon
  634  filing a complaint therefor by any interested party the clerk
  635  shall issue a summons to the lienor to show cause within 20 days
  636  why his or her lien should not be enforced by action or vacated
  637  and canceled of record. Upon failure of the lienor to show cause
  638  why his or her lien should not be enforced or the lienor’s
  639  failure to commence such action before the return date of the
  640  summons the court shall forthwith order cancellation of the
  641  lien.
  642         (5) By recording in the clerk’s office the original or a
  643  certified copy of a judgment or decree of a court of competent
  644  jurisdiction showing a final determination of the action.
  645         Section 11. Paragraph (d) of subsection (1) of section
  646  713.23, Florida Statutes, is amended to read:
  647         713.23 Payment bond.—
  648         (1)
  649         (d) In addition, a lienor who has not received payment for
  650  furnishing his or her labor, services, or materials must, as a
  651  condition precedent to recovery under the bond, serve a written
  652  notice of nonpayment on to the contractor and a copy of the
  653  notice on the surety. The notice must be under oath and served
  654  during the progress of the work or thereafter, but may not be
  655  served later than 90 days after the final furnishing of labor,
  656  services, or materials by the lienor, or, with respect to rental
  657  equipment, later than 90 days after the date the rental
  658  equipment was on the job site and available for use. A notice of
  659  nonpayment that includes sums for retainage must specify the
  660  portion of the amount claimed for retainage. The required notice
  661  satisfies this condition precedent with respect to the payment
  662  described in the notice of nonpayment, including unpaid finance
  663  charges due under the lienor’s contract, and with respect to any
  664  other payments which become due to the lienor after the date of
  665  the notice of nonpayment. The time period for serving a notice
  666  of nonpayment is shall be measured from the last day of
  667  furnishing labor, services, or materials by the lienor and may
  668  not be measured by other standards, such as the issuance of a
  669  certificate of occupancy or the issuance of a certificate of
  670  substantial completion. The failure of a lienor to receive
  671  retainage sums not in excess of 10 percent of the value of
  672  labor, services, or materials furnished by the lienor is not
  673  considered a nonpayment requiring the service of the notice
  674  provided under this paragraph. If the payment bond is not
  675  recorded before commencement of construction, the time period
  676  for the lienor to serve a notice of nonpayment may at the option
  677  of the lienor be calculated from the date specified in this
  678  section or the date the lienor is served a copy of the bond.
  679  However, the limitation period for commencement of an action on
  680  the payment bond as established in paragraph (e) may not be
  681  expanded. The negligent inclusion or omission of any information
  682  in the notice of nonpayment that has not prejudiced the
  683  contractor or surety does not constitute a default that operates
  684  to defeat an otherwise valid bond claim. A lienor who serves a
  685  fraudulent notice of nonpayment forfeits his or her rights under
  686  the bond. A notice of nonpayment is fraudulent if the lienor has
  687  willfully exaggerated the amount unpaid, willfully included a
  688  claim for work not performed or materials not furnished for the
  689  subject improvement, or prepared the notice with such willful
  690  and gross negligence as to amount to a willful exaggeration.
  691  However, a minor mistake or error in a notice of nonpayment, or
  692  a good faith dispute as to the amount unpaid, does not
  693  constitute a willful exaggeration that operates to defeat an
  694  otherwise valid claim against the bond. The service of a
  695  fraudulent notice of nonpayment is a complete defense to the
  696  lienor’s claim against the bond. The notice under this paragraph
  697  must include the following information, current as of the date
  698  of the notice, and must be in substantially the following form:
  699  
  700                        NOTICE OF NONPAYMENT                       
  701  
  702  To ...(name of contractor and address)...
  703  
  704  ...(name of surety and address)...
  705  
  706  The undersigned lienor notifies you that:
  707         1. The lienor has furnished ...(describe labor, services,
  708  or materials)... for the improvement of the real property
  709  identified as ...(property description).... The corresponding
  710  amount unpaid to date is $...., of which $.... is unpaid
  711  retainage.
  712         2. The lienor has been paid to date the amount of $.... for
  713  previously furnishing ...(describe labor, services, or
  714  materials)... for this improvement.
  715         3. The lienor expects to furnish ...(describe labor,
  716  services, or materials)... for this improvement in the future
  717  (if known), and the corresponding amount expected to become due
  718  is $.... (if known).
  719  
  720  I declare that I have read the foregoing Notice of Nonpayment
  721  and that the facts stated in it are true to the best of my
  722  knowledge and belief.
  723  
  724  DATED on ............, .........
  725  
  726  ...(signature and address of lienor)...
  727  
  728  STATE OF FLORIDA
  729  COUNTY OF........
  730  
  731  The foregoing instrument was sworn to (or affirmed) and
  732  subscribed before me by means of ☐ physical presence or sworn to
  733  (or affirmed) by ☐ online notarization, this .... day of ....,
  734  ...(year)..., by ...(name of signatory)....
  735         ...(Signature of Notary Public - State of Florida)...
  736         ...(Print, Type, or Stamp Commissioned Name of Notary
  737  Public)...
  738  
  739  Personally Known ........ OR Produced Identification ........
  740  
  741  Type of Identification Produced	
  742         Section 12. Subsections (3) and (5) of section 713.235,
  743  Florida Statutes, are amended to read:
  744         713.235 Waivers of right to claim against payment bond;
  745  forms.—
  746         (3) A person may not require a claimant to furnish a waiver
  747  that is different from the forms in subsections (1) and (2) in
  748  exchange for, or to induce payment of, a progress payment or
  749  final payment unless the claimant has entered into a direct
  750  contract that requires the claimant to furnish a waiver that is
  751  different from the forms in subsections (1) and (2).
  752         (5) Any provisions in a waiver which are that is not
  753  related to the waiver of a claim or a right to claim against the
  754  payment bond as provided in this section are unenforceable,
  755  unless the claimant has otherwise agreed to those provisions in
  756  the claimant’s direct contract substantially similar to the
  757  forms in this section is enforceable in accordance with its
  758  terms.
  759         Section 13. Section 713.29, Florida Statutes, is amended to
  760  read:
  761         713.29 Attorney Attorney’s fees.—In any action brought to
  762  enforce a lien, including a lien that has been transferred to
  763  security, or to enforce a claim against a bond under this part,
  764  the prevailing party is entitled to recover a reasonable fee for
  765  the services of her or his attorney for trial and appeal or for
  766  arbitration, in an amount to be determined by the court, which
  767  fee must be taxed as part of the prevailing party’s costs, as
  768  allowed in equitable actions.
  769         Section 14. This act shall take effect July 1, 2021.

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