Bill Text: FL S1202 | 2012 | Regular Session | Comm Sub
Bill Title: Construction Liens and Bonds
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to CS/CS/HB 897 -SJ 1269 [S1202 Detail]
Download: Florida-2012-S1202-Comm_Sub.html
Florida Senate - 2012 CS for SB 1202 By the Committee on Judiciary; and Senator Bogdanoff 590-03253-12 20121202c1 1 A bill to be entitled 2 An act relating to construction liens and bonds; 3 amending s. 95.11, F.S.; adding a cross-reference; 4 deleting a provision for the limitation of actions 5 against a bond; amending s. 255.05, F.S.; requiring 6 that the bond number be stated on the first page of 7 the bond; providing that a provision in a payment bond 8 furnished for a public works contract that limits or 9 expands the effective duration of the bond or adds 10 conditions precedent is unenforceable; requiring a 11 contractor, or the contractor’s attorney, to serve 12 rather than mail a notice of contest of claim against 13 the payment bond; providing additional time for 14 service when the bond is not recorded; specifying the 15 duration of the bond; providing that payment to a 16 contractor who has furnished a payment bond on a 17 public works project may not be conditioned upon 18 production of certain documents; providing 19 prerequisites for commencement of an action against a 20 payment bond; creating s. 255.0518, F.S.; requiring 21 that the state, a county, a municipality, or any other 22 public body or institution open sealed bids received 23 in response to a competitive solicitation at a public 24 meeting, announce the name of each bidder and the 25 price submitted, and make available upon request the 26 names of bidders and submitted prices; amending s. 27 713.10, F.S.; providing that a specified notice 28 concerning a lessor’s liability for liens for 29 improvements made by the lessee prohibits liens even 30 if other leases do not expressly prohibit liens or if 31 certain other provisions are not identical; amending 32 s. 713.13, F.S.; revising a notice form to clarify 33 that the notice of commencement expires 1 year after 34 the date of recording; removing a perjury clause; 35 providing additional time for service when a notice of 36 commencement is not recorded with a copy of the bond 37 attached; amending s. 713.132, F.S.; requiring notice 38 of termination to be served on lienors in privity with 39 the owner; amending s. 713.16, F.S.; revising 40 requirements for demands for a copy of a construction 41 contract and a statement of account; authorizing a 42 lienor to make certain written demands to an owner for 43 certain written statements; providing requirements for 44 such written demands; amending s. 713.18, F.S.; 45 providing additional methods by which certain items 46 may be served; revising provisions relating to when 47 service of specified items is effective; specifying 48 requirements for certain written instruments under 49 certain circumstances; amending s. 713.22, F.S.; 50 requiring that the clerk serve rather than mail a 51 notice of contest of lien; amending s. 713.23, F.S.; 52 revising the contents of a notice to contractor; 53 requiring that a contractor serve rather than mail a 54 notice of contest of claim against the payment bond 55 and a notice of bond; clarifying the attachment of the 56 bond to the notice; providing that a provision in a 57 payment bond that limits or expands the effective 58 duration of the bond or adds conditions precedent is 59 unenforceable; clarifying applicability of certain 60 provisions; providing an effective date. 61 62 Be It Enacted by the Legislature of the State of Florida: 63 64 Section 1. Subsections (2) and (5) of section 95.11, 65 Florida Statutes, are amended to read: 66 95.11 Limitations other than for the recovery of real 67 property.—Actions other than for recovery of real property shall 68 be commenced as follows: 69 (2) WITHIN FIVE YEARS.— 70 (a) An action on a judgment or decree of any court, not of 71 record, of this state or any court of the United States, any 72 other state or territory in the United States, or a foreign 73 country. 74 (b) A legal or equitable action on a contract, obligation, 75 or liability founded on a written instrument, except for an 76 action to enforce a claim against a payment bond, which shall be77 governed by the applicable provisions of s.ss.255.05(10), s. 78 337.18(1), or s.and713.23(1)(e). 79 (c) An action to foreclose a mortgage. 80 (d) An action alleging a willful violation of s. 448.110. 81 (e) Notwithstanding paragraph (b), an action for breach of 82 a property insurance contract, with the period running from the 83 date of loss. 84 (5) WITHIN ONE YEAR.— 85 (a) An action for specific performance of a contract. 86 (b) An action to enforce an equitable lien arising from the 87 furnishing of labor, services, or material for the improvement 88 of real property. 89 (c) An action to enforce rights under the Uniform 90 Commercial Code—Letters of Credit, chapter 675. 91 (d) An action against any guaranty association and its 92 insured, with the period running from the date of the deadline 93 for filing claims in the order of liquidation. 94(e) An action to enforce any claim against a payment bond95on which the principal is a contractor, subcontractor, or sub96subcontractor as defined in s.713.01, for private work as well97as public work, from the last furnishing of labor, services, or98materials or from the last furnishing of labor, services, or99materials by the contractor if the contractor is the principal100on a bond on the same construction project, whichever is later.101 (e)(f)Except for actions described in subsection (8), a 102 petition for extraordinary writ, other than a petition 103 challenging a criminal conviction, filed by or on behalf of a 104 prisoner as defined in s. 57.085. 105 (f)(g)Except for actions described in subsection (8), an 106 action brought by or on behalf of a prisoner, as defined in s. 107 57.085, relating to the conditions of the prisoner’s 108 confinement. 109 Section 2. Section 255.05, Florida Statutes, is amended to 110 read: 111 255.05 Bond of contractor constructing public buildings; 112 form; action by claimantsmaterialmen.— 113 (1)(a) AAnyperson entering into a formal contract with 114 the state or any county, city, or political subdivision thereof, 115 or other public authority or private entity, for the 116 construction of a public building, for the prosecution and 117 completion of a public work, or for repairs upon a public 118 building or public work shall be required, before commencing the 119 work or before recommencing the work after a default or 120 abandonment, to execute, deliver to the public owner, and record 121 in the public records of the county where the improvement is 122 located, a payment and performance bond with a surety insurer 123 authorized to do business in this state as surety. A public 124 entity may not require a contractor to secure a surety bond 125 under this section from a specific agent or bonding company. The 126 bond must state on its front page: the name, principal business 127 address, and phone number of the contractor, the surety, the 128 owner of the property being improved, and, if different from the 129 owner, the contracting public entity; the contract number 130 assigned by the contracting public entity; the bond number 131 assigned by the surety; and a description of the project 132 sufficient to identify it, such as a legal description or the 133 street address of the property being improved, and a general 134 description of the improvement. TheSuchbond shall be 135 conditioned upon the contractor’s performance of the 136 construction work in the time and manner prescribed in the 137 contract and promptly making payments to all persons defined in 138 s. 713.01 who furnish labor, services, or materials for the 139 prosecution of the work provided for in the contract. AAny140 claimant may apply to the governmental entity having charge of 141 the work for copies of the contract and bond and shall thereupon 142 be furnished with a certified copy of the contract and bond. The 143 claimant hasshall have aright of action against the contractor 144 and surety for the amount due him or her, including unpaid 145 finance charges due under the claimant’s contract. Such action 146 mayshallnot involve the public authority in any expense. When 147 thesuchwork is done for the state and the contract is for 148 $100,000 or less, no payment and performance bond shall be 149 required. At the discretion of the official or board awarding 150 such contract when such work is done for any county, city, 151 political subdivision, or public authority, aanyperson 152 entering into such a contract thatwhichis for $200,000 or less 153 may be exempted from executing the payment and performance bond. 154 When such work is done for the state, the Secretary of 155 Management Services may delegate to state agencies the authority 156 to exempt any person entering into such a contract amounting to 157 more than $100,000 but less than $200,000 from executing the 158 payment and performance bond. If anIn the event suchexemption 159 is granted, the officer or official isofficials shallnotbe160 personally liable to persons suffering loss because of granting 161 such exemption. The Department of Management Services shall 162 maintain information on the number of requests by state agencies 163 for delegation of authority to waive the bond requirements by 164 agency and project number and whether any request for delegation 165 was denied and the justification for the denial. Any provision 166 in a payment bond furnished for public work contracts as 167 provided by this subsection which further restricts the classes 168 of personsas defined in s.713.01protected by the bond, which 169 restrictsorthe venue of any proceeding relating to such bond, 170 which limits or expands the effective duration of the bond, or 171 which adds conditions precedent to the enforcement of a claim 172 against the bond beyond those provided in this section is 173 unenforceable. 174 (b) The Department of Management Services shall adopt rules 175 with respect to all contracts for $200,000 or less, to provide: 176 1. Procedures for retaining up to 10 percent of each 177 request for payment submitted by a contractor and procedures for 178 determining disbursements from the amount retained on a pro rata 179 basis to laborers, materialmen, and subcontractors, as defined 180 in s. 713.01. 181 2. Procedures for requiring certification from laborers, 182 materialmen, and subcontractors, as defined in s. 713.01, before 183prior tofinal payment to the contractor that such laborers, 184 materialmen, and subcontractors have no claims against the 185 contractor resulting from the completion of the work provided 186 for in the contract. 187 188 The state isshallnotbe heldliable to any laborer, 189 materialman, or subcontractor for any amounts greater than the 190 pro rata share as determined under this section. 191 (c)1. The amount of the bond shall equal the contract 192 price, except that for a contract in excess of $250 million, if 193 the state, county, municipality, political subdivision, or other 194 public entity finds that a bond in the amount of the contract 195 price is not reasonably available, the public owner shall set 196 the amount of the bond at the largest amount reasonably 197 available, but not less than $250 million. 198 2. For construction-management or design-build contracts, 199 if the public owner does not include in the bond amount the cost 200 of design or other nonconstruction services, the bond may not be 201 conditioned on performance of such services or payment to 202 persons furnishing such services. Notwithstanding paragraph (a), 203 such a bond may exclude persons furnishing such services from 204 the classes of persons protected by the bond. 205 (2)(a)1. If a claimant is no longer furnishing labor, 206 services, or materials on a project, a contractor or the 207 contractor’s agent or attorney may elect to shorten the 208prescribedtimein this paragraphwithin which an action to 209 enforce any claim against a payment bond mustprovided pursuant210to this section maybe commenced by recording in the clerk’s 211 office a notice in substantially the following form: 212 213 NOTICE OF CONTEST OF CLAIM 214 AGAINST PAYMENT BOND 215 216 To: ...(Name and address of claimant)... 217 218 You are notified that the undersigned contests your notice 219 of nonpayment, dated ............, ........, and served on the 220 undersigned on ............, ........, and that the time within 221 which you may file suit to enforce your claim is limited to 60 222 days after the date of service of this notice. 223 224 DATED on ............, ......... 225 226 Signed: ...(Contractor or Attorney)... 227 228 The claim of aanyclaimant upon whom such notice is served and 229 who fails to institute a suit to enforce his or her claim 230 against the payment bond within 60 days after service of such 231 notice shall be extinguished automatically. The contractor or 232 the contractor’s attorneyclerkshall servesuchnotice and 236 record the notice.Service is complete upon mailing.237 2. A claimant, except a laborer, who is not in privity with 238 the contractor shall, before commencing or not later than 45 239 days after commencing to furnish labor, services, or materials 240 for the prosecution of the work, furnish the contractor with a 241 written notice that he or she intends to look to the bond for 242 protection. A claimant who is not in privity with the contractor 243 and who has not received payment for his or her labor, services, 244 or materials shall deliver to the contractor and to the surety 245 written notice of the performance of the labor or delivery of 246 the materials or supplies and of the nonpayment. The notice of 247 nonpayment shallmaybe servedat any timeduring the progress 248 of the work or thereafter but may not be served earlier than 249before45 days after the first furnishing of labor, services, or 250 materials or,and notlater than 90 days after the final 251 furnishing of the labor, services, or materials by the claimant 252 or, with respect to rental equipment, not later than 90 days 253 after the date that the rental equipment was last on the job 254 site available for use. Any notice of nonpayment served by a 255 claimant who is not in privity with the contractor which 256 includes sums for retainage must specify the portion of the 257 amount claimed for retainage. AnNoaction for the labor, 258 materials, or supplies may not be instituted against the 259 contractor or the surety unless the notice to the contractor and 260 notice of nonpayment have been served, if required by this 261 sectionboth notices have been given. If the payment bond is not 262 recorded before commencement of construction, the time period 263 for the claimant to serve the required notices may at the option 264 of the claimant be calculated from the dates specified in this 265 section or from the date the claimant is served a copy of the 266 bond. However, the limitation period for commencement of an 267 action on the bond as established in subsection (10) may not be 268 expanded. Notices required or permitted under this section shall 269maybe served in accordance with s. 713.18. A claimant may not 270 waive in advance his or her right to bring an action under the 271 bond against the surety. In any action brought to enforce a 272 claim against a payment bond under this section, the prevailing 273 party is entitled to recover a reasonable fee for the services 274 of his or her attorney for trial and appeal or for arbitration, 275 in an amount to be determined by the court, which fee must be 276 taxed as part of the prevailing party’s costs, as allowed in 277 equitable actions. The time periods for service of a notice of 278 nonpayment or for bringing an action against a contractor or a 279 surety shall be measured from the last day of furnishing labor, 280 services, or materials by the claimant and mayshallnot be 281 measured by other standards, such as the issuance of a 282 certificate of occupancy or the issuance of a certificate of 283 substantial completion. 284 (b) When a person is required to execute a waiver of his or 285 her right to make a claim against the payment bond in exchange 286 for, or to induce payment of, a progress payment, the waiver may 287 be in substantially the following form: 288 289 WAIVER OF RIGHT TO CLAIM 290 AGAINST THE PAYMENT BOND 291 (PROGRESS PAYMENT) 292 293 The undersigned, in consideration of the sum of $...., 294 hereby waives its right to claim against the payment bond for 295 labor, services, or materials furnished through ...(insert 296 date)... to ...(insert the name of your customer)... on the job 297 of ...(insert the name of the owner)..., for improvements to the 298 following described project: 299 300 (description of project) 301 302 This waiver does not cover any retention or any labor, services, 303 or materials furnished after the date specified. 304 305 DATED ON ........, ..... 306 ...(Claimant)... 307 By:............ 308 309 (c) When a person is required to execute a waiver of his or 310 her right to make a claim against the payment bond, in exchange 311 for, or to induce payment of, the final payment, the waiver may 312 be in substantially the following form: 313 314 WAIVER OF RIGHT TO CLAIM 315 AGAINST THE PAYMENT BOND 316 (FINAL PAYMENT) 317 318 The undersigned, in consideration of the final payment in 319 the amount of $...., hereby waives its right to claim against 320 the payment bond for labor, services, or materials furnished to 321 ...(insert the name of your customer)... on the job of 322 ...(insert the name of the owner)..., for improvements to the 323 following described project: 324 325 (description of project) 326 327 DATED ON ........, ..... 328 ...(Claimant)... 329 By:............ 330 331 (d) A person may not require a claimant to furnish a waiver 332 that is different from the forms in paragraphs (b) and (c). 333 (e) A claimant who executes a waiver in exchange for a 334 check may condition the waiver on payment of the check. 335 (f) A waiver that is not substantially similar to the forms 336 in this subsection is enforceable in accordance with its terms. 337 (3) The bond required in subsection (1) may be in 338 substantially the following form: 339 340 PUBLIC CONSTRUCTION BOND 341 Bond No....(enter bond number)... 342 343 BY THIS BOND, We ...., as Principal and ...., a 344 corporation, as Surety, are bound to ...., herein called Owner, 345 in the sum of $...., for payment of which we bind ourselves, our 346 heirs, personal representatives, successors, and assigns, 347 jointly and severally. 348 THE CONDITION OF THIS BOND is that if Principal: 349 1. Performs the contract dated ...., ...., between 350 Principal and Owner for construction of ...., the contract being 351 made a part of this bond by reference, at the times and in the 352 manner prescribed in the contract; and 353 2. Promptly makes payments to all claimants, as defined in 354 Section 255.05(1), Florida Statutes, supplying Principal with 355 labor, materials, or supplies, used directly or indirectly by 356 Principal in the prosecution of the work provided for in the 357 contract; and 358 3. Pays Owner all losses, damages, expenses, costs, and 359 attorney’s fees, including appellate proceedings, that Owner 360 sustains because of a default by Principal under the contract; 361 and 362 4. Performs the guarantee of all work and materials 363 furnished under the contract for the time specified in the 364 contract, then this bond is void; otherwise it remains in full 365 force. 366 367 Any action instituted by a claimant under this bond for payment 368 must be in accordance with the notice and time limitation 369 provisions in Section 255.05(2), Florida Statutes. 370 371 Any changes in or under the contract documents and compliance or 372 noncompliance with any formalities connected with the contract 373 or the changes does not affect Surety’s obligation under this 374 bond. 375 376 DATED ON ...., ..... 377 378 ...(Name of Principal)... 379 By ...(As Attorney in Fact)... 380 ...(Name of Surety)... 381 382 (4) The payment bond provisions of all bonds required by 383 subsection (1) shall be construed and deemed statutory payment 384 bonds furnished pursuant to this section and such bonds shall 385 not under any circumstances be converted into common law bonds. 386 (5) In addition to the provisions of chapter 47, any action 387 authorized under this section may be brought in the county in 388 which the public building or public work is being constructed or 389 repaired. This subsection shall not apply to an action 390 instituted prior to May 17, 1977. 391 (6) All payment bond forms used by a public owner and all 392 payment bonds executed pursuant to this section by a surety 393 shall make reference to this section by number and shall contain 394 reference to the notice and time limitation provisions in 395 subsection (2). 396 (7) In lieu of the bond required by this section, a 397 contractor may file with the state, county, city, or other 398 political authority an alternative form of security in the form 399 of cash, a money order, a certified check, a cashier’s check, an 400 irrevocable letter of credit, or a security of a type listed in 401 part II of chapter 625. Any such alternative form of security 402 shall be for the same purpose and be subject to the same 403 conditions as those applicable to the bond required by this 404 section. The determination of the value of an alternative form 405 of security shall be made by the appropriate state, county, 406 city, or other political subdivision. 407 (8) When a contractor has furnished a payment bond pursuant 408 to this section, he or she may, when the state, county, 409 municipality, political subdivision, or other public authority 410 makes any payment to the contractor or directly to a claimant, 411 serve a written demand on any claimant who is not in privity 412 with the contractor for a written statement under oath of his or 413 her account showing the nature of the labor or services 414 performed and to be performed, if any; the materials furnished; 415 the materials to be furnished, if known; the amount paid on 416 account to date; the amount due; and the amount to become due, 417 if known, as of the date of the statement by the claimant. Any 418 such demand to a claimant who is not in privity with the 419 contractor must be served on the claimant at the address and to 420 the attention of any person who is designated to receive the 421 demand in the notice to contractor served by the claimant. The 422 failure or refusal to furnish the statement does not deprive the 423 claimant of his or her rights under the bond if the demand is 424 not served at the address of the claimant or directed to the 425 attention of the person designated to receive the demand in the 426 notice to contractor. The failure to furnish the statement 427 within 30 days after the demand, or the furnishing of a false or 428 fraudulent statement, deprives the claimant who fails to furnish 429 the statement, or who furnishes the false or fraudulent 430 statement, of his or her rights under the bond. If the 431 contractor serves more than one demand for statement of account 432 on a claimant and none of the information regarding the account 433 has changed since the claimant’s last response to a demand, the 434 failure or refusal to furnish such statement does not deprive 435 the claimant of his or her rights under the bond. The negligent 436 inclusion or omission of any information deprives the claimant 437 of his or her rights under the bond to the extent that the 438 contractor can demonstrate prejudice from such act or omission 439 by the claimant. The failure to furnish a response to a demand 440 for statement of account does not affect the validity of any 441 claim on the bond being enforced in a lawsuit filed before the 442 date the demand for statement of account is received by the 443 claimant. 444 (9) On any public works project for which the public 445 authority requires a performance and payment bond, suits at law 446 and in equity may be brought and maintained by and against the 447 public authority on any contract claim arising from breach of an 448 express provision or an implied covenant of a written agreement 449 or a written directive issued by the public authority pursuant 450 to the written agreement. In any such suit, the public authority 451 and the contractor shall have all of the same rights and 452 obligations as a private person under a like contract except 453 that no liability may be based on an oral modification of either 454 the written contract or written directive. Nothing herein shall 455 be construed to waive the sovereign immunity of the state and 456 its political subdivisions from equitable claims and equitable 457 remedies. The provisions of this subsection shall apply only to 458 contracts entered into on or after July 1, 1999. 459 (10) An action, except an action for recovery of retainage, 460 must be instituted against the contractor or the surety on the 461 payment bond or the payment provisions of a combined payment and 462 performance bond within 1 year after the performance of the 463 labor or completion of delivery of the materials or supplies. An 464 action for recovery of retainage must be instituted against the 465 contractor or the surety within 1 year after the performance of 466 the labor or completion of delivery of the materials or 467 supplies; however, such an action may not be instituted until 468 one of the following conditions is satisfied: 469 (a) The public entity has paid out the claimant’s retainage 470 to the contractor, and the time provided under s. 218.735 or s. 471 255.073(3) for payment of that retainage to the claimant has 472 expired; 473 (b) The claimant has completed all work required under its 474 contract and 70 days have passed since the contractor sent its 475 final payment request to the public entity; or 476 (c) At least 160 days have passed since reaching 477 substantial completion of the construction services purchased, 478 as defined in the contract, or if not defined in the contract, 479 since reaching beneficial occupancy or use of the project. 480 (d) The claimant has asked the contractor, in writing, for 481 any of the following information and the contractor has failed 482 to respond to the claimant’s request, in writing, within 10 days 483 after receipt of the request: 484 1. Whether the project has reached substantial completion, 485 as that term is defined in the contract, or if not defined in 486 the contract, if beneficial occupancy or use of the project has 487 occurred. 488 2. Whether the contractor has received payment of the 489 claimant’s retainage, and if so, the date the retainage was 490 received by the contractor. 491 3. Whether the contractor has sent its final payment 492 request to the public entity, and if so, the date on which the 493 final payment request was sent. 494 495 If none of the conditions described in paragraph (a), paragraph 496 (b), paragraph (c), or paragraph (d) is satisfied and an action 497 for recovery of retainage cannot be instituted within the 1-year 498 limitation period set forth in this subsection, this limitation 499 period shall be extended until 120 days after one of these 500 conditions is satisfied. 501 (11) When a contractor furnishes and records a payment and 502 performance bond for a public works project in accordance with 503 this section, the public authority may not condition its 504 payments to the contractor on the production of a release, 505 waiver, or like documentation from a claimant demonstrating that 506 the claimant does not have an outstanding claim against the 507 contractor, the surety, the payment bond, or the public 508 authority for payments due on labor, services, or materials 509 furnished on the public works project. 510 Section 3. Section 255.0518, Florida Statutes, is created 511 to read: 512 255.0518 Public bids; bid opening.—Notwithstanding s. 513 119.071(1)(b), the state or any county or municipality thereof 514 or any department or agency of the state, county, or 515 municipality or any other public body or institution, shall: 516 (1) Open sealed bids received pursuant to a competitive 517 solicitation for construction or repairs on a public building or 518 public work at a public meeting conducted in compliance with s. 519 286.011. 520 (2) Announce at that meeting the name of each bidder and 521 the price submitted. 522 (3) Make available upon request the name of each bidder and 523 the price submitted. 524 Section 4. Paragraph (b) of subsection (2) of section 525 713.10, Florida Statutes, is amended to read: 526 713.10 Extent of liens.— 527 (2) 528 (b) The interest of the lessor isshallnotbesubject to 529 liens for improvements made by the lessee when: 530 1. The lease, or a short form or a memorandum of the lease 531 that contains the specific language in the lease prohibiting 532 such liability, is recorded in the official records of the 533 county where the premises are located before the recording of a 534 notice of commencement for improvements to the premises and the 535 terms of the lease expressly prohibit such liability; or 536 2. The terms of the lease expressly prohibit such 537 liability, and a notice advising that leases for the rental of 538 premises on a parcel of land prohibit such liability has been 539 recorded in the official records of the county in which the 540 parcel of land is located before the recording of a notice of 541 commencement for improvements to the premises, and the notice 542 includes the following: 543 a. The name of the lessor. 544 b. The legal description of the parcel of land to which the 545 notice applies. 546 c. The specific language contained in the various leases 547 prohibiting such liability. 548 d. A statement that all or a majority of the leases entered 549 into for premises on the parcel of land expressly prohibit such 550 liability. 551 3. The lessee is a mobile home owner who is leasing a 552 mobile home lot in a mobile home park from the lessor. 553 554 A notice that is consistent with subparagraph 2. effectively 555 prohibits liens for improvements made by a lessee even if other 556 leases for premises on the parcel do not expressly prohibit 557 liens or if provisions of each lease restricting the application 558 of liens are not identical. 559 Section 5. Paragraphs (d) and (e) of subsection (1) of 560 section 713.13, Florida Statutes, are amended to read: 561 713.13 Notice of commencement.— 562 (1) 563 (d) A notice of commencement must be in substantially the 564 following form: 565 566 Permit No..... Tax Folio No..... 567 NOTICE OF COMMENCEMENT 568 State of.... 569 County of.... 570 571 The undersigned hereby gives notice that improvement will be 572 made to certain real property, and in accordance with Chapter 573 713, Florida Statutes, the following information is provided in 574 this Notice of Commencement. 575 1. Description of property: ...(legal description of the 576 property, and street address if available).... 577 2. General description of improvement:..... 578 3. Owner information or Lessee information if the Lessee 579 contracted for the improvement: 580 a. Name and address:..... 581 b. Interest in property:..... 582 c. Name and address of fee simple titleholder (if different 583 from Owner listed above):..... 584 4.a. Contractor: ...(name and address).... 585 b. Contractor’s phone number:..... 586 5. Surety (if applicable, a copy of the payment bond is 587 attached): 588 a. Name and address:..... 589 b. Phone number:..... 590 c. Amount of bond: $..... 591 6.a. Lender: ...(name and address).... 592 b. Lender’s phone number:..... 593 7. Persons within the State of Florida designated by Owner 594 upon whom notices or other documents may be served as provided 595 by Section 713.13(1)(a)7., Florida Statutes: 596 a. Name and address:..... 597 b. Phone numbers of designated persons:..... 598 8.a. In addition to himself or herself, Owner designates 599 ............ of ............ to receive a copy of the Lienor’s 600 Notice as provided in Section 713.13(1)(b), Florida Statutes. 601 b. Phone number of person or entity designated by 602 owner:..... 603 9. Expiration date of notice of commencement (the 604 expiration datemay not be before the completion of construction605and final payment to the contractor, butwill be 1 year from the 606 date of recording unless a different date is specified)..... 607 608 WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE 609 EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER 610 PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA 611 STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS 612 TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND 613 POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU 614 INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN 615 ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF 616 COMMENCEMENT. 617 618Under penalty of perjury, I declare that I have read the619foregoing notice of commencement and that the facts stated620therein are true to the best of my knowledge and belief.621 622 ...(Signature of Owner or Lessee, or Owner’s or Lessee’s 623 Authorized Officer/Director/Partner/Manager)... 624 625 ...(Signatory’s Title/Office)... 626 627 The foregoing instrument was acknowledged before me this .... 628 day of ...., ...(year)..., by ...(name of person)... as ...(type 629 of authority, . . . e.g. officer, trustee, attorney in fact)... 630 for ...(name of party on behalf of whom instrument was 631 executed).... 632 633 ...(Signature of Notary Public - State of Florida)... 634 635 ...(Print, Type, or Stamp Commissioned Name of Notary Public)... 636 637 Personally Known .... OR Produced Identification .... 638 639 Type of Identification Produced............ 640 641 (e) A copy of any payment bond must be attached at the time 642 of recordation of the notice of commencement. The failure to 643 attach a copy of the bond to the notice of commencement when the 644 notice is recorded negates the exemption provided in s. 645 713.02(6). However, if a payment bond under s. 713.23 exists but 646 was not attached at the time of recordation of the notice of 647 commencement, the bond may be used to transfer any recorded lien 648 of a lienor except that of the contractor by the recordation and 649 service of a notice of bond pursuant to s. 713.23(2). The notice 650 requirements of s. 713.23 apply to any claim against the bond; 651 however, the time limits for serving any required notices shall, 652 at the option of the lienor, be calculated from the datesbegin653running from the later of the timespecified in s. 713.23 or the 654 date the notice of bond is served on the lienor. 655 Section 6. Subsections (1) and (4) of section 713.132, 656 Florida Statutes, are amended to read: 657 713.132 Notice of termination.— 658 (1) An owner may terminate the period of effectiveness of a 659 notice of commencement by executing, swearing to, and recording 660 a notice of termination that contains: 661 (a) The same information as the notice of commencement; 662 (b) The recording office document book and page reference 663 numbers and date of the notice of commencement; 664 (c) A statement of the date as of which the notice of 665 commencement is terminated, which date may not be earlier than 666 30 days after the notice of termination is recorded; 667 (d) A statement specifying that the notice applies to all 668 the real property subject to the notice of commencement or 669 specifying the portion of such real property to which it 670 applies; 671 (e) A statement that all lienors have been paid in full; 672 and 673 (f) A statement that the owner has, before recording the 674 notice of termination, served a copy of the notice of 675 termination on the contractor and on each lienor who has a 676 direct contract with the owner or who has served a notice to 677 ownergiven notice. The owner is not required to serve a copy of 678 the notice of termination on any lienor who has executed a 679 waiver and release of lien upon final payment in accordance with 680 s. 713.20. 681 (4) A notice of termination is effective to terminate the 682 notice of commencement at the later of 30 days after recording 683 of the notice of termination or the date stated in the notice of 684 termination as the date on which the notice of commencement is 685 terminated, ifprovided thatthe notice of termination has been 686 served pursuant to paragraph (1)(f) on the contractor and on 687 each lienor who has a direct contract with the owner or who has 688 served a notice to ownergiven notice. 689 Section 7. Section 713.16, Florida Statutes, is amended to 690 read: 691 713.16 Demand for copy of contract and statements of 692 account; form.— 693 (1) A copy of the contract of a lienor or owner and a 694 statement of the amount due or to become due if fixed or 695 ascertainable thereon must be furnished by any party thereto, 696 upon written demand of an owner or a lienor contracting with or 697 employed by the other party to such contract. If the owner or 698 lienor refuses or neglects to furnish such copy of the contract 699 or such statement, or willfully and falsely states the amount 700 due or to become due if fixed or ascertainable under such 701 contract, any person who suffers any detriment thereby has a 702 cause of action against the person refusing or neglecting to 703 furnish the same or willfully and falsely stating the amount due 704 or to become due for his or her damages sustained thereby. The 705 information contained in such copy or statement furnished 706 pursuant to such written demand is binding upon the owner or 707 lienor furnishing it unless actual notice of any modification is 708 given to the person demanding the copy or statement before such 709 person acts in good faith in reliance on it. The person 710 demanding such documents must pay for the reproduction thereof; 711 and, if such person fails or refuses to do so, he or she is 712 entitled only to inspect such documents at reasonable times and 713 places. 714 (2) The owner may serve in writing a demand of any lienor 715 for a written statement under oath of his or her account showing 716 the nature of the labor or services performed and to be 717 performed, if any, the materials furnished, the materials to be 718 furnished, if known, the amount paid on account to date, the 719 amount due, and the amount to become due, if known, as of the 720 date of the statement by the lienor. Any such demand to a lienor 721 must be served on the lienor at the address and to the attention 722 of any person who is designated to receive the demand in the 723 notice to owner served by such lienor and must include a 724 description of the property and the names of the owner, the 725 contractor, and the lienor’s customer, as set forth in the 726 lienor’s notice to owner. The failure or refusal to furnish the 727 statement does not deprive the lienor of his or her lien if the 728 demand is not served at the address of the lienor or directed to 729 the attention of the person designated to receive the demand in 730 the notice to owner. The failure or refusal to furnish the 731 statement under oath within 30 days after the demand, or the 732 furnishing of a false or fraudulent statement, deprives the 733 person so failing or refusing to furnish such statement of his 734 or her lien. If the owner serves more than one demand for 735 statement of account on a lienor and none of the information 736 regarding the account has changed since the lienor’s last 737 response to a demand, the failure or refusal to furnish such 738 statement does not deprive the lienor of his or her lien. The 739 negligent inclusion or omission of any information deprives the 740 person of his or her lien to the extent the owner can 741 demonstrate prejudice from such act or omission by the lienor. 742 The failure to furnish a response to a demand for statement of 743 account does not affect the validity of any claim of lien being 744 enforced through a foreclosure case filed beforeprior tothe 745 date the demand for statement is received by the lienor. 746 (3) A request for sworn statement of account must be in 747 substantially the following form: 748 749 REQUEST FOR SWORN STATEMENT OF ACCOUNT 750 751 WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT, SIGNED 752 UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE 753 STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN. 754 755 To: ...(Lienor’s name and address)... 756 757 The undersigned hereby demands a written statement under oath of 758 his or her account showing the nature of the labor or services 759 performed and to be performed, if any, the materials furnished, 760 the materials to be furnished, if known, the amount paid on 761 account to date, the amount due, and the amount to become due, 762 if known, as of the date of the statement for the improvement of 763 real property identified as ...(property description).... 764 765 ...(name of contractor)... 766 767 ...(name of the lienor’s customer, as set forth in the 768 lienor’s Notice to Owner, if such notice has been served)... 769 770 771 ...(signature and address of owner)... 772 ...(date of request for sworn statement of account)... 773 774 775 (4) When a contractor has furnished a payment bond pursuant 776 to s. 713.23, he or she may, when an owner makes any payment to 777 the contractor or directly to a lienor, serve a written demand 778 on any other lienor for a written statement under oath of his or 779 her account showing the nature of the labor or services 780 performed and to be performed, if any, the materials furnished, 781 the materials to be furnished, if known, the amount paid on 782 account to date, the amount due, and the amount to become due, 783 if known, as of the date of the statement by the lienor. Any 784 such demand to a lienor must be served on the lienor at the 785 address and to the attention of any person who is designated to 786 receive the demand in the notice to contractor served by such 787 lienor. The demand must include a description of the property 788 and the names of the owner, the contractor, and the lienor’s 789 customer, as set forth in the lienor’s notice to contractor. The 790 failure or refusal to furnish the statement does not deprive the 791 lienor of his or her rights under the bond if the demand is not 792 served at the address of the lienor or directed to the attention 793 of the person designated to receive the demand in the notice to 794 contractor. The failure to furnish the statement within 30 days 795 after the demand, or the furnishing of a false or fraudulent 796 statement, deprives the person who fails to furnish the 797 statement, or who furnishes the false or fraudulent statement, 798 of his or her rights under the bond. If the contractor serves 799 more than one demand for statement of account on a lienor and 800 none of the information regarding the account has changed since 801 the lienor’s last response to a demand, the failure or refusal 802 to furnish such statement does not deprive the lienor of his or 803 her rights under the bond. The negligent inclusion or omission 804 of any information deprives the person of his or her rights 805 under the bond to the extent the contractor can demonstrate 806 prejudice from such act or omission by the lienor. The failure 807 to furnish a response to a demand for statement of account does 808 not affect the validity of any claim on the bond being enforced 809 in a lawsuit filed prior to the date the demand for statement of 810 account is received by the lienor. 811 (5)(a) Any lienor who is perfecting a claim of lienhas812recorded a claim of lienmay serve with the claim of lien or 813 thereafter amakewritten demand on the owner for a written 814 statement under oath showing: 815 1. The amount of the direct contract under which the lien 816 was recorded; 817 2. The dates and amounts paid or to be paid by or on behalf 818 of the owner for all improvements described in the direct 819 contract; 820 3. The reasonable estimated costs of completing the direct 821 contract under which the lien was claimed pursuant to the scope 822 of the direct contract; and 823 4. If known, the actual cost of completion. 824 (b) Any owner who does not provide the statement within 30 825 days after demand, or who provides a false or fraudulent 826 statement, is not a prevailing party for purposes of an award of 827 attorneyattorney’sfees under s. 713.29. The written demand 828 must include the following warning in conspicuous type in 829 substantially the following form: 830 831 WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT WITHIN 832 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN 833 THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY ACTION TO 834 ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING THIS 835 STATEMENT. 836 (6) Any written demand served on the owner must include a 837 description of the property and the names of the contractor and 838 the lienor’s customer, as set forth in the lienor’s notice to 839 owner. 840 (7)(6)For purposes of this section, the term “information” 841 means the nature and quantity of the labor, services, and 842 materials furnished or to be furnished by a lienor and the 843 amount paid, the amount due, and the amount to become due on the 844 lienor’s account. 845 Section 8. Section 713.18, Florida Statutes, is amended to 846 read: 847 713.18 Manner of serving notices and other instruments.— 848 (1) Service of notices, claims of lien, affidavits, 849 assignments, and other instruments permitted or required under 850 this part, or copies thereof when so permitted or required, 851 unless otherwise specifically provided in this part, must be 852 made by one of the following methods: 853 (a) By actual delivery to the person to be served; if a 854 partnership, to one of the partners; if a corporation, to an 855 officer, director, managing agent, or business agent; or, if a 856 limited liability company, to a member or manager. 857 (b) By common carrier delivery service orsending the same858 by registered, Global Express Guaranteed, or certified mail, 859 with postage or shipping paid by the sender andprepaid, or by860overnight or second-day deliverywith evidence of delivery, 861 which may be in an electronic format. 862 (c)If the method specified in paragraph (a) or paragraph863(b) cannot be accomplished,By posting on the site of the 864 improvement if service as provided by paragraph (a) or paragraph 865 (b) cannot be accomplishedpremises. 866 (2) Notwithstanding subsection (1), service ofifa notice 867 to owner or,a notice to contractor under s. 713.23, s. 337.18, 868 ora preliminary notice unders. 255.05 ismailed by registered869or certified mail with postage prepaid to the person to be870served at any of the addresses set forth in subsection (3)871within 40 days after the date the lienor first furnishes labor,872services, or materials, service of that notice iseffective as 873 of the date of mailing if: 874 (a) The notice is mailed by registered, Global Express 875 Guaranteed, or certified mail, with postage prepaid, to the 876 person to be served at any of the addresses set forth in 877 subsection (3); 878 (b) The notice is mailed within 40 days after the date the 879 lienor first furnishes labor, services, or materials; and 880 (c)1. The person who served the notice maintains a 881 registered or certified mail log that shows the registered or 882 certified mail number issued by the United States Postal 883 Service, the name and address of the person served, and the date 884 stamp of the United States Postal Service confirming the date of 885 mailing; orif886 2. The person who served the notice maintains electronic 887 tracking records generated bythrough use ofthe United States 888 Postal ServiceConfirm service or a similar servicecontaining 889 the postal tracking number, the name and address of the person 890 served, and verification of the date of receipt by the United 891 States Postal Service. 892 (3)(a) Service ofIfan instrumentservedpursuant to this 893 section is effective on the date of mailing the instrument if 894 it: 895 1. Is sent to the last address shown in the notice of 896 commencement or any amendment thereto or, in the absence of a 897 notice of commencement, to the last address shown in the 898 building permit application, or to the last known address of the 899 person to be served; and, is not received, but900 2. Is returned as being “refused,” “moved, not 901 forwardable,” or “unclaimed,” or is otherwise not delivered or 902 deliverable through no fault of the person serving the item,903then service is effective on the date the instrument was sent. 904 (b) If the address shown in the notice of commencement or 905 any amendment to the notice of commencement, or, in the absence 906 of a notice of commencement, in the building permit application, 907 is incomplete for purposes of mailing or delivery, the person 908 serving the item may complete the address and properly format it 909 according to United States Postal Service addressing standards 910 using information obtained from the property appraiser or 911 another public record without affecting the validity of service 912 under this section. 913 (4) A notice served by a lienor on one owner or one partner 914 of a partnership owning the real propertyIf the real property915is owned by more than one person or a partnership, a lienor may916serve any notices or other papers under this part on any one of917such owners or partners, and such noticeis deemed notice to all 918 owners and partners. 919 Section 9. Section 713.22, Florida Statutes, is amended to 920 read: 921 713.22 Duration of lien.— 922 (1) ANolien provided by this part does notshallcontinue 923 for a longer period than 1 year after the claim of lien has been 924 recorded or 1 year after the recording of an amended claim of 925 lien that shows a later date of final furnishing of labor, 926 services, or materials, unless within that time an action to 927 enforce the lien is commenced in a court of competent 928 jurisdiction. A lien that has been continued beyond the 1-year 929 periodThe continuation of the lien effectedby the commencement 930 of antheaction isshallnot enforceablebe goodagainst 931 creditors or subsequent purchasers for a valuable consideration 932 and without notice, unless a notice of lis pendens is recorded. 933 (2) An owner or the owner’sagent orattorney may elect to 934 shorten the time prescribed in subsection (1) within which to 935 commence an action to enforce any claim of lien or claim against 936 a bond or other security under s. 713.23 or s. 713.24 by 937 recording in the clerk’s office a notice in substantially the 938 following form: 939 940 NOTICE OF CONTEST OF LIEN 941 To: ...(Name and address of lienor)... 942 You are notified that the undersigned contests the claim of lien 943 filed by you on ...., ...(year)..., and recorded in .... Book 944 ...., Page ...., of the public records of .... County, Florida, 945 and that the time within which you may file suit to enforce your 946 lien is limited to 60 days from the date of service of this 947 notice. This .... day of ...., ...(year).... 948 Signed: ...(Owner or Attorney)... 949 950 The lien of any lienor upon whom such notice is served and who 951 fails to institute a suit to enforce his or her lien within 60 952 days after service of such notice shall be extinguished 953 automatically. The clerk shall serve, in accordance with s. 954 713.18,suchnotice and record 958 the notice.Service shall be deemed complete upon mailing.959 Section 10. Paragraphs (c), (d), (e), and (f) of subsection 960 (1) and subsections (2) and (4) of section 713.23, Florida 961 Statutes, are amended to read: 962 713.23 Payment bond.— 963 (1) 964 (c)EitherBefore beginning or within 45 days after 965 beginning to furnish labor, materials, or supplies, a lienor who 966 is not in privity with the contractor, except a laborer, shall 967 serve the contractor with notice in writing that the lienor will 968 look to the contractor’s bond for protection on the work. If a 969 notice of commencement with the attached bond is not recorded 970 before commencement of construction,or a reference to the bond971is not given in the notice of commencement, and in either case972if the lienor not in privity with the contractor is not973otherwise notified in writing of the existence of the bond, the 974 lienor not in privity with the contractor may, in the 975 alternative, elect to serve the notice to the contractor up to 976shall have45 days afterfromthe date the lienor is served with 977 a copynotified of the existenceof the bondwithin which to978serve the notice. A notice to owner pursuant to s. 713.06 which 979 has been timely served on the contractor satisfies the 980 requirements of this paragraph. In no event, however, shall the 981 limitation period for commencement of an action on the payment 982 bond as established in paragraph (e) be expanded. The notice may 983 be in substantially the following form and may be combined with 984 a notice to owner given under s. 713.06 and, if so, may be 985 entitled “NOTICE TO OWNER/NOTICE TO CONTRACTOR: 986 987 988 NOTICE TO CONTRACTOR 989 990 To ...(name and address of contractor)... 991 992 The undersigned hereby informs you that he or she has furnished 993 or is furnishing services or materials as follows: 994 995 ...(general description of services or materials)... for the 996 improvement of the real property identified as ...(property 997 description)... under an order given by ...(lienor’s 998 customer).... 999 1000 This notice is to inform you that the undersigned intends to 1001 look to the contractor’s bond to secure payment for the 1002 furnishing of materials or services for the improvement of the 1003 real property. 1004 1005 ...(name of lienor)... 1006 ...(signature of lienor or lienor’s representative)... 1007 ...(date)... 1008 ...(lienor’s address)... 1009 1010The undersigned notifies you that he or she has furnished or is1011furnishing...(services or materials)...for the improvement of1012the real property identified as...(property description)...1013owned by...(owner’s name and address)...under an order given1014by....and that the undersigned will look to the contractor’s1015bond for protection on the work.1016 1017...(Lienor’s signature and address)...1018 1019 (d) In addition, a lienor is required, as a condition 1020 precedent to recovery under the bond, to serve a written notice 1021 of nonpayment to the contractor and the surety not later than 90 1022 days after the final furnishing of labor, services, or materials 1023 by the lienor. A written notice satisfies this condition 1024 precedent with respect to the payment described in the notice of 1025 nonpayment, including unpaid finance charges due under the 1026 lienor’s contract, and with respect to any other payments which 1027 become due to the lienor after the date of the notice of 1028 nonpayment. The time period for serving a written notice of 1029 nonpayment shall be measured from the last day of furnishing 1030 labor, services, or materials by the lienor and shall not be 1031 measured by other standards, such as the issuance of a 1032 certificate of occupancy or the issuance of a certificate of 1033 substantial completion. The failure of a lienor to receive 1034 retainage sums not in excess of 10 percent of the value of 1035 labor, services, or materials furnished by the lienor is not 1036 considered a nonpayment requiring the service of the notice 1037 provided under this paragraph. If the payment bond is not 1038 recorded before commencement of construction, the time period 1039 for the lienor to serve a notice of nonpayment may at the option 1040 of the lienor be calculated from the date specified in this 1041 section or the date the lienor is served a copy of the bond. 1042 However, the limitation period for commencement of an action on 1043 the payment bond as established in paragraph (e) may not be 1044 expanded. The notice under this paragraph may be in 1045 substantially the following form: 1046 1047 NOTICE OF NONPAYMENT 1048 1049 To ...(name of contractor and address)... 1050 1051 ...(name of surety and address)... 1052 1053 The undersigned notifies you that he or she has furnished 1054 ...(describe labor, services, or materials)... for the 1055 improvement of the real property identified as ...(property 1056 description).... The amount now due and unpaid is $..... 1057 1058 ...(signature and address of lienor)... 1059 1060 (e) AnNoaction for the labor or materials or supplies may 1061 not be instituted or prosecuted against the contractor or surety 1062 unless both notices have been given, if required by this 1063 section. AnNoaction may notshallbe instituted or prosecuted 1064 against the contractor or against the surety on the bond under 1065 this section after 1 year from the performance of the labor or 1066 completion of delivery of the materials and supplies. The time 1067 period for bringing an action against the contractor or surety 1068 on the bond shall be measured from the last day of furnishing 1069 labor, services, or materials by the lienor. The time periodand1070 mayshallnot be measured by other standards, such as the 1071 issuance of a certificate of occupancy or the issuance of a 1072 certificate of substantial completion. A contractor or the 1073 contractor’sagent orattorney may elect to shorten the 1074prescribedtime within which an action to enforce any claim 1075 against a payment bond provided under this section or s. 713.245 1076 mustmaybe commenced at any time after a notice of nonpayment, 1077 if required, has been served for the claim by recording in the 1078 clerk’s office a notice in substantially the following form: 1079 1080 NOTICE OF CONTEST OF CLAIM 1081 AGAINST PAYMENT BOND 1082 1083 To: ....(Name and address of lienor).... 1084 You are notified that the undersigned contests your notice 1085 of nonpayment, dated ...., ...., and served on the undersigned 1086 on ...., ...., and that the time within which you may file suit 1087 to enforce your claim is limited to 60 days from the date of 1088 service of this notice. 1089 1090 DATED on ...., ..... 1091 1092 Signed: ...(Contractor or Attorney)... 1093 1094 The claim of any lienor upon whom the notice is served and who 1095 fails to institute a suit to enforce his or her claim against 1096 the payment bond within 60 days after service of the notice 1097 shall be extinguished automatically. The contractor or the 1098 contractor’s attorneyclerkshall serveService is complete upon mailing.1103 (f) AAnylienor has a direct right of action on the bond 1104 against the surety. Any provision in a payment bond which 1105 further restrictsA bond must not contain any provisions1106restrictingthe classes of persons who are protected by the 1107 payment bond, which restrictsthereby orthe venue of any 1108 proceeding relating to such payment bond, which limits or 1109 expands the effective duration of the payment bond, or which 1110 adds conditions precedent to the enforcement of a claim against 1111 a payment bond beyond those provided in this part is 1112 unenforceable. The surety is not entitled to the defense of pro 1113 tanto discharge as against any lienor because of changes or 1114 modifications in the contract to which the surety is not a 1115 party; but the liability of the surety may not be increased 1116 beyond the penal sum of the bond. A lienor may not waive in 1117 advance his or her right to bring an action under the bond 1118 against the surety. 1119 (2) The bond shall secure every lien under the direct 1120 contract accruing subsequent to its execution and delivery, 1121 except that of the contractor. Every claim of lien, except that 1122 of the contractor, filed subsequent to execution and delivery of 1123 the bond shall be transferred to it with the same effect as 1124 liens transferred under s. 713.24. Record notice of the transfer 1125 shall be effected by the contractor, or any person having an 1126 interest in the property against which the claim of lien has 1127 been asserted, by recording in the clerk’s office a notice, with 1128 the bond attached, in substantially the following form: 1129 1130 NOTICE OF BOND 1131 1132 To ...(Name and Address of Lienor)... 1133 1134 You are notified that the claim of lien filed by you on ...., 1135 ...., and recorded in Official Records Book .... at page .... of 1136 the public records of .... County, Florida, is secured by a 1137 bond, a copy being attached. 1138 1139 Signed: ...(Name of person recording notice)... 1140 1141 The notice shall be verified. The person recording the notice of 1142 bondclerkshall serveThe clerk shall receive the same fee as prescribed in s.1147713.24(1) for certifying to a transfer of lien.1148 (4) The provisions of s. 713.24(3)shallapply to bonds 1149 under this section except when those provisions conflict with 1150 this section. 1151 Section 11. This act shall take effect October 1, 2012.