Liens and Bonds
Do you support it?
Want to know if it passes?
We'll email you when SB 622 moves — a committee vote, a floor vote, or a signature. Nothing else.
Free forever · unsubscribe in one click.
Your answer was recorded either way.
Which district are you in?
Your ZIP is all we need to match you to your own representatives — so we can tell you how they voted on SB 622.
You're tracking SB 622
We'll email you the moment it moves.
SB 622 — Liens and Bonds
Last action — Died on Second Reading Calendar
No card. One bill, free forever — alerts when it moves.
-
✓Introduced
-
✓In Committee
-
3Passed Senate
-
4Passed House
-
5To Executive
-
6Enacted
This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Liens and Bonds; Requiring that a copy of a notice of nonpayment be served on the surety; authorizing a lienor to record one claim of lien for multiple direct contracts; revising information to be included in a notice of commencement; requiring that service of documents relating to construction bonds be made in a specified manner, etc.
Bill Text
What changed in the latest version
764 added · 860 removed764 line(s) added, 860 removed.
Florida Senate - 2021 CS for SB 622 FirstBy Engrossedthe 2021622e1Committee Aon billJudiciary; to be entitled An act relating to liens and bonds;
and Senator Perry 590-02128-21 2021622c1 A bill to be entitled An act relating to liens and bonds;
prohibiting a person from requiring thata specifiedclaimant waiversto befurnish a certain waiver in aexchange for or to induce certain form;payments;
requiringproviding that servicespecified ofprovisions documents be made in acertain specifiedwaivers manner;are unenforceable;
providing an exception;
requiring service of documents to be made in a specified manner;
requiring that service of documents to be made in a specified manner;
requiring that service of documents relating to construction bonds to be made in a specified manner;
requiring that specified waivers and releases be in a certain form;
prohibiting a person from requiring specifieda waiverslienor orto releasesfurnish bea certain waiver or release in aexchange for or to induce certain form;payments;
providing that specified provisions in certain waivers or releases are unenforceable;
providing an exception;
prohibiting a person from requiring thata specifiedlienor waiversto befurnish a certain waiver or release in aexchange for or to induce certain form;payments;
providing that specified provisions in certain waivers or releases are unenforceable;
providing an exception;
3746 Be It Enacted by the Legislature of the State of Florida:
3948 Section 1. Paragraphs (a)(a), through(d), (d) and (f) of subsection (2) of section 255.05, Florida Statutes, are amended, and subsection (12) is added to that section, to read:
5160 NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND 5463 To:
5665 You are notified that the undersigned contests your notice of nonpayment, dated ............, ........, and served on the undersigned on ............, ........, and that the time within which you may file suit to enforce your claim is limited to 60 days after the date of service of this notice.
6271 DATED on ............, .........
6473 Signed:
6675 The claim of a claimant upon whom such notice is served and who fails to institute a suit to enforce his or her claim against the payment bond within 60 days after service of such notice is extinguished automatically.
132141 NOTICE OF NONPAYMENT 134143 To:
136145 ...(name of surety and address)...
138147 The undersigned claimant notifies you that:
152161 I declare that I have read the foregoing Notice of Nonpayment and that the facts stated in it are true to the best of my knowledge and belief.
156165 DATED on ............, .........
158167 ...(signature and address of claimant)...
160169 STATE OF FLORIDA COUNTY OF ........
163172 The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or sworn to (or affirmed) by ☐ online notarization this ....
168177 ...(Signature of Notary Public - State of Florida)...
172181 Personally Known ........
174183 Type of Identification Produced 176185 (b) When(d) A a person ismay requirednot require a claimant to executefurnish a waiver ofthat hisis ordifferent herfrom rightthe toforms makein aparagraphs claim(b) againstand the(c) payment bond in exchange for, or to induce payment of, a progress payment,payment or final payment unless the claimant has entered into a direct contract that requires the claimant to furnish a waiver mustthat mayis bedifferent from the forms in substantiallyparagraphs the(b) followingand form:(c).
181(f) Any WAIVERprovisions OFin RIGHTa TOwaiver CLAIMwhich AGAINSTare THEthat PAYMENTis BONDnot (PROGRESSrelated PAYMENT)to 185the Thewaiver undersigned,of a claim or a right to claim against a payment bond as provided in considerationthis ofsubsection theare sumunenforceable, ofunless $....,the herebyclaimant waiveshas itsotherwise rightagreed to claimthose againstprovisions in the paymentdirect bondcontract forsubstantially labor,similar services,to orthe materialsforms furnishedin throughthis ...(insertsubsection date)...is enforceable in accordance with its terms.
to ...(insert the name of your customer)...
on the job of ...(insert the name of the owner)..., for improvements to the following described project:
192 (description of project) 194 This waiver does not cover any retention or any labor, services, or materials furnished after the date specified.
197 DATED ON ........, .....
...(Claimant)...
By:............
Show all 127 changed lines (87 more)
201 (c) When a person is required to execute a waiver of his or her right to make a claim against the payment bond, in exchange for, or to induce payment of, the final payment, the waiver must may be in substantially the following form:
206 WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) 210 The undersigned, in consideration of the final payment in the amount of $...., hereby waives its right to claim against the payment bond for labor, services, or materials furnished to ...(insert the name of your customer)...
on the job of ...(insert the name of the owner)..., for improvements to the following described project:
217 (description of project) 219 DATED ON ........, .....
...(Claimant)...
By:............
223 (d) A person may not require a claimant to provide furnish a waiver that is different from the forms in paragraphs (b) and (c).
(f) A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms.
Section 3. Subsections (4)(4), (8), and (8)(26) of section 713.01, Florida Statutes, are amended to read:
(26) “Real property” means the land that is improved and the improvements thereon, including fixtures, except any such property owned by the state or any county, municipality, school board, or governmental agency, commission, or political subdivision.
The term includes a private leasehold interest that is improved, and the improvements thereon, on land that is owned by the state or any county, municipality, school board, or governmental agency, commission, or political subdivision.
343320 A notice that is consistent with subparagraph 2.
401378 Permit No.....
406383 The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement.
a.
448425 WARNING TO OWNER:
458435 ...(Signature of Owner or Lessee, or Owner’s or Lessee’s Authorized Officer/Director/Partner/Manager)...
461438 ...(Signatory’s Title/Office)...
463440 The foregoing instrument was acknowledged before me by means of ☐ physical presence or acknowledged before me by means of ☐ online notarization, this ....
as ...(type of authority,...e.g.authority, .
e.g.
470447 ...(Signature of Notary Public - State of Florida)...
472449 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
474451 Personally Known ....
476453 Type of Identification Produced............
478 Section 7. Subsections (1), (3), and (4) of section 713.132, Florida Statutes, are amended to read:
(3)(a) Notwithstanding subsection (1), service of a document under an instrument pursuant to this section is effective on the date of mailing or shipping, and the requirements for service under this section have been satisfied, the instrument if the document it:
1. The1. Is document is sent to the last address shown in the notice of commencement or any amendment thereto or, in the absence of a properly indexed notice of commencement,commencement tothat contains the lastinformation addressspecified shown in thes. building permit application, or to the last known address of the person to be served.;
and713.13(1)(b), 2. Thenotice documentof iscommencement, returnedto asthe beinglast “refused,”address “moved,shown notin forwardable,”the orbuilding “unclaimed,”permit application, or isto otherwisethe notlast deliveredknown oraddress deliverableof throughthe noperson faultto ofbe theserved personunless servingotherwise thespecifically documentprovided item.in this part, s.
255.05, or s.
337.18;
and 2. Is returned as being “refused,” “moved, not forwardable,” or “unclaimed,” or is otherwise not delivered or deliverable through no fault of the person serving the document item.
Section 9. Subsections (4),(6) (5), (6), and (8) of section 713.20, Florida Statutes, are amended to read:
713.20 Waiver or release of liens.— (4) When(6) A aperson lienormay isnot requiredrequire a lienor to executefurnish a lien waiver or release of lien that is different from the forms in subsection (4) or subsection (5) in exchange for, or to induce payment of, a progress payment,payment or final payment unless the lienor has entered into a direct contract that requires the lienor to furnish a waiver or release mustthat mayis bedifferent from the forms in substantiallysubsection the(4) followingor form:subsection (5).
621(8) Any WAIVERprovisions ANDin RELEASEa OFlien LIENwaiver UPONor PROGRESSlien PAYMENTrelease 624which Theare undersignedthat lienor,is innot considerationrelated ofto the sumwaiver ofor $....,release herebyof waivesa and releases its lien andor the right to claim a lien foras labor,provided services,in orthis materialssection furnishedare throughunenforceable, ...(insertunless date)...the lienor has otherwise agreed to those provisions in the direct contract substantially similar to the forms in subsections (4) and (5) is enforceable in accordance with the terms of the lien waiver or lien release.
to ...(insert the name of your customer)...
on the job of ...(insert the name of the owner)...
to the following property:
631 ...(description of property)...
633 This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified.
636 DATED on ...., ...(year)....
...(Lienor)...
By:
........
639 (5) When a lienor is required to execute a waiver or release of lien in exchange for, or to induce payment of, the final payment, the waiver and release must may be in substantially the following form:
644 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT 647 The undersigned lienor, in consideration of the final payment in the amount of $........, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to ...(insert the name of your customer)...
on the job of ...(insert the name of the owner)...
to the following described property:
654 ...(description of property)...
656 DATED on ...., ...(year)....
...(Lienor)...
By:
........
659 (6) A person may not require a lienor to provide furnish a lien waiver or release of lien that is different from the forms in subsection (4) or subsection (5).
(8) A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable in accordance with the terms of the lien waiver or lien release.
756700 NOTICE OF NONPAYMENT 758702 To ...(name of contractor and address)...
760704 ...(name of surety and address)...
762706 The undersigned lienor notifies you that:
776720 I declare that I have read the foregoing Notice of Nonpayment and that the facts stated in it are true to the best of my knowledge and belief.
780724 DATED on ............, .........
782726 ...(signature and address of lienor)...
784728 STATE OF FLORIDA COUNTY OF........
787731 The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or sworn to (or affirmed) by ☐ online notarization, this ....
795739 Personally Known ........
797741 Type of Identification Produced.................................Produced Section 12. Subsections (3) and (5) of section 713.235, Florida Statutes, are amended to read:
Section 12. Section 713.235, Florida Statutes, is amended to read:
forms.— (1) When(3) A a person ismay requirednot require a claimant to executefurnish a waiver ofthat hisis ordifferent herfrom rightthe forms in subsections (1) and (2) in exchange for, or to makeinduce payment of, a claimprogress againstpayment aor final payment bondunless providedthe underclaimant pursuanthas entered into a direct contract that requires the claimant to s.furnish a waiver that is different from the forms in subsections (1) and (2).
713.23(5) Any provisions in a waiver which are that is not related to the waiver of a claim or s.a right to claim against the payment bond as provided in this section are unenforceable, unless the claimant has otherwise agreed to those provisions in the claimant’s direct contract substantially similar to the forms in this section is enforceable in accordance with its terms.
713.245, in exchange for, or to induce payment of, a progress payment, the waiver must may be in substantially the following form:
808 WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (PROGRESS PAYMENT) 812 The undersigned, in consideration of the sum of $....
hereby waives its right to claim against the payment bond for labor, services, or materials furnished through ...(insert date)..., to ...(insert the name of your customer)...
on the job of ...(insert the name of the owner)..., for improvements to the following described project:
819 (description of project) 821 This waiver does not cover any retention or any labor, services, or materials furnished after the date specified.
DATED on ....
...(Lienor)...
By:........
827 (2) When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided under pursuant to s.
713.23 or s.
713.245, in exchange for, or to induce payment of, the final payment, the waiver must may be in substantially the following form:
833 WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) 837 The undersigned, in consideration of the final payment in the amount of $...., hereby waives its right to claim against the payment bond for labor, services, or materials furnished to ...(insert the name of your customer)...
on the job of ...(insert the name of the owner)..., for improvements to the following described project:
844 (description of project) DATED on ....
...(Lienor)...
By:........
849 (3) A person may not require a claimant to provide furnish a waiver that is different from the forms in subsections (1) and (2).
(4) A person who executes a waiver in exchange for a check may condition the waiver on payment of the check.
(5) A waiver that is not substantially similar to the forms in this section is enforceable in accordance with its terms.
Show all 127 changed rows (87 more)
View plain text versions (3)
- S 622 c1 View text html
- S 622 e1 View text Current html
- Introduced S 622 Filed html
Action History
-
Died on Second Reading Calendar
-
Added to Second Reading Calendar
-
Temporarily postponed, on 2nd Reading
-
Amendment 092321 filed
-
1st Reading (Engrossed 1)
-
Bill added to Special Order Calendar (4/26/2021)
-
Bill referred to House Calendar
-
In Messages
-
CS passed as amended; YEAS 40 NAYS 0
-
Read 3rd time
-
Amendment(s) adopted (677600)
-
Read 2nd time
-
Placed on Special Order Calendar, 04/21/21
-
Retained on Calendar
-
Retained on Special Order Calendar
-
Placed on Special Order Calendar, 04/07/21
-
Placed on Calendar, on 2nd reading
-
Favorable by- Rules; YEAS 17 NAYS 0
-
On Committee agenda-- Rules, 03/25/21, 9:00 am, 412 Knott Building
-
Now in Rules
-
Favorable by Governmental Oversight and Accountability; YEAS 5 NAYS 0
-
On Committee agenda-- Governmental Oversight and Accountability, 03/17/21, 9:00 am, 37 Senate Building
-
CS by Judiciary read 1st time
-
Introduced
-
Now in Governmental Oversight and Accountability
-
Pending reference review under Rule 4.7(2) - (Committee Substitute)
-
CS by Judiciary; YEAS 10 NAYS 0
-
On Committee agenda-- Judiciary, 02/15/21, 2:30 pm, 412 Knott Building
-
Referred to Judiciary; Governmental Oversight and Accountability; Rules
-
Filed
Sponsors
- Perry · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 159 not signed on
Sponsors (1)
- Perry
Co-sponsors (0)
None.
Not signed on (159)
159 members have not signed on to this bill.
Show all 159 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 13 | 0 | 0 | 0 |
| Unaffiliated | 22 | 0 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Diaz | — | Yea |
| Ausley | — | Yea |
| Farmer | — | Yea |
| Powell | — | Yea |
| Baxley | — | Yea |
| Gainer | — | Yea |
| Rodrigues | — | Yea |
| Bean | — | Yea |
| Gibson | — | Yea |
| Book | — | Yea |
| Stargel | — | Yea |
| Stewart | — | Yea |
| Bracy | — | Yea |
| Taddeo | — | Yea |
| Hutson | — | Yea |
| Thurston | — | Yea |
| Brandes | — | Yea |
| Torres | — | Yea |
| Broxson | — | Yea |
| Simpson | — | Yea |
| Perry | — | Yea |
| Cruz | — | Yea |
| Berman, Lori | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Unaffiliated | 12 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Bean | — | Yea |
| Book | — | Yea |
| Bracy | — | Yea |
| Brandes | — | Yea |
| Diaz | — | Yea |
| Farmer | — | Yea |
| Gibson | — | Yea |
| Hutson | — | Yea |
| Powell | — | Yea |
| Stargel | — | Yea |
| Thurston | — | Yea |
| Albritton, Ben | Republican | Yea |
| Garcia, Ileana | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 1 |
| Unaffiliated | 4 | 0 | 0 | 0 |
| Total | 5 | 0 | 0 | 1 |
| % of votes cast | 83% | 0% | 0% | 17% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Stargel | — | Yea |
| Stewart | — | Yea |
| Torres | — | Yea |
| Rodrigues | — | Yea |
| Gruters, Joe | Republican | Not Voting |
| Mayfield, Debbie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 1 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 10 | 0 | 0 | 1 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Baxley | — | Yea |
| Broxson | — | Yea |
| Rodrigues | — | Yea |
| Thurston | — | Yea |
| Gibson | — | Yea |
| Brandes | — | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Boyd, Jim | Republican | Not Voting |
| Bradley, Jennifer | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 622 do?
- Liens and Bonds; Requiring that a copy of a notice of nonpayment be served on the surety; authorizing a lienor to record one claim of lien for multiple direct contracts; revising information to be included in a notice of commencement; requiring that service of documents relating to construction bonds be made in a specified manner, etc.
- Who sponsors SB 622?
- SB 622 is sponsored by Perry.
- What is the current status of SB 622?
- This bill died with 2021 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 622?
- Track SB 622 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on SB 622
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of SB 622
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →