Proposed House Bill 345, in addition to make sweeping changes to Florida’s Construction Lien law, would also make changes to portions of Chapter 255 and 337, Florida Statutes, which govern public projects and construction or maintenance contracts, and Chapter 95, Florida Statutes, which sets forth the statutes of limitations for lawsuits in Florida.
The bulk of House Bill 345 is focused on revisions to Chapter 713, Florida Statutes, which we have discussed in detail here. The remaining changes in the proposed statute are below.
255.05 - Bond of Contractor Constructing Public Buildings
Notice to contractor can be served up to 45 days after the date they are served with a copy of the bond, if the bond is not recorded with the notice of commencement
Notice of nonpayment must also be served on the surety
Notice on nonpayment can be served at anytime during the progress of the work up to 90 days after final furnishing (prior version required waiting until 45 days after work had commenced)
Arbitrators can now determine attorneys’ fees and costs to be awarded
Contractors must provide a bond—alternative forms of security are no longer allowed
Notices must be served in accordance with 713.18, Florida Statutes
337.18 - Surety Bonds for Construction or Maintenance Contracts
Amended to allow notice of non-payment anytime during the progress of the work, up to 90 days after final furnishing (prior version required waiting until 45 days after work had commenced)
Notices must be served in the manner prescribed in 713.18, Florida Statutes
Waiver provisions of 713.235, Florida Statutes, apply to these bonds now
95.11 - Statute of Limitations
References to 255.05(10) are changed to 255.05(9) to reflect changes made to 255.05 by this proposed statute
These changes are in the one and five year statutes of limitation