Florida 2021 Regular Session Status: Passed Senate

SB 622 — Liens and Bonds

Last action — Died on Second Reading Calendar

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed

764 line(s) added, 860 removed.

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CS for SB 622 First Engrossed 2021622e1 A bill to be entitled An act relating to liens and bonds;
Florida Senate - 2021 CS for SB 622 By the Committee on Judiciary;
and Senator Perry 590-02128-21 2021622c1 A bill to be entitled An act relating to liens and bonds;
requiring that specified waivers be in a certain form;
prohibiting a person from requiring a claimant to furnish a certain waiver in exchange for or to induce certain payments;
requiring that service of documents be made in a specified manner;
providing that specified provisions in certain waivers are unenforceable;
providing an exception;
requiring service of documents to be made in a specified manner;
requiring that service of documents be made in a specified manner;
requiring service of documents to be made in a specified manner;
requiring that service of documents relating to construction bonds be made in a specified manner;
requiring 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;
requiring specified waivers or releases be in a certain form;
prohibiting a person from requiring a lienor to furnish a certain waiver or release in exchange for or to induce certain payments;
providing that specified provisions in certain waivers or releases are unenforceable;
providing an exception;
requiring that specified waivers be in a certain form;
prohibiting a person from requiring a lienor to furnish a certain waiver or release in exchange for or to induce certain payments;
providing that specified provisions in certain waivers or releases are unenforceable;
providing an exception;
37 Be It Enacted by the Legislature of the State of Florida:
46 Be It Enacted by the Legislature of the State of Florida:
39 Section 1. Paragraphs (a) through (d) and (f) of subsection (2) of section 255.05, Florida Statutes, are amended, and subsection (12) is added to that section, to read:
48 Section 1. Paragraphs (a), (d), and (f) of subsection (2) of section 255.05, Florida Statutes, are amended, and subsection (12) is added to that section, to read:
51 NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND 54 To:
60 NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND 63 To:
56 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.
65 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.
62 DATED on ............, .........
71 DATED on ............, .........
64 Signed:
73 Signed:
66 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.
75 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.
132 NOTICE OF NONPAYMENT 134 To:
141 NOTICE OF NONPAYMENT 143 To:
136 ...(name of surety and address)...
145 ...(name of surety and address)...
138 The undersigned claimant notifies you that:
147 The undersigned claimant notifies you that:
152 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.
161 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.
156 DATED on ............, .........
165 DATED on ............, .........
158 ...(signature and address of claimant)...
167 ...(signature and address of claimant)...
160 STATE OF FLORIDA COUNTY OF ........
169 STATE OF FLORIDA COUNTY OF ........
163 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 ....
172 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 ....
168 ...(Signature of Notary Public - State of Florida)...
177 ...(Signature of Notary Public - State of Florida)...
172 Personally Known ........
181 Personally Known ........
174 Type of Identification Produced 176 (b) 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, a progress payment, the waiver must may be in substantially the following form:
183 Type of Identification Produced 185 (d) A person may not require a claimant to furnish a waiver that is different from the forms in paragraphs (b) and (c) in exchange for, or to induce payment of, a progress payment or final payment unless the claimant has entered into a direct contract that requires the claimant to furnish a waiver that is different from the forms in paragraphs (b) and (c).
181 WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (PROGRESS PAYMENT) 185 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)...
(f) Any provisions in a waiver which are that is not related to the waiver of a claim or a right to claim against a payment bond as provided in this subsection are unenforceable, unless the claimant has otherwise agreed to those provisions in the direct contract substantially similar to the forms in this subsection 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 rows (87 more)
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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) and (8) of section 713.01, Florida Statutes, are amended to read:
Section 3. Subsections (4), (8), and (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.
343 A notice that is consistent with subparagraph 2.
320 A notice that is consistent with subparagraph 2.
401 Permit No.....
378 Permit No.....
406 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.
383 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.
448 WARNING TO OWNER:
425 WARNING TO OWNER:
458 ...(Signature of Owner or Lessee, or Owner’s or Lessee’s Authorized Officer/Director/Partner/Manager)...
435 ...(Signature of Owner or Lessee, or Owner’s or Lessee’s Authorized Officer/Director/Partner/Manager)...
461 ...(Signatory’s Title/Office)...
438 ...(Signatory’s Title/Office)...
463 The foregoing instrument was acknowledged before me by means of ☐ physical presence or acknowledged before me by means of ☐ online notarization, this ....
440 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.
as ...(type of authority, .
e.g.
470 ...(Signature of Notary Public - State of Florida)...
447 ...(Signature of Notary Public - State of Florida)...
472 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
449 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
474 Personally Known ....
451 Personally Known ....
476 Type of Identification Produced............
453 Type of Identification Produced............
478 Section 7. Subsections (1), (3), and (4) of section 713.132, Florida Statutes, are amended to read:
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 it:
(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. The document is sent to the last address shown in the notice of commencement or any amendment thereto or, in the absence of a notice of commencement, to the last address shown in the building permit application, or to the last known address of the person to be served.;
1. 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 that contains the information specified in s.
and 2. The document 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.
713.13(1)(b), notice of commencement, to the last address shown in the building permit application, or to the last known address of the person to be served unless otherwise specifically provided 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), (5), (6), and (8) of section 713.20, Florida Statutes, are amended to read:
Section 9. Subsections (6) and (8) of section 713.20, Florida Statutes, are amended to read:
713.20 Waiver or release of liens.— (4) When a lienor is required to execute a waiver or release of lien in exchange for, or to induce payment of, a progress payment, the waiver or release must may be in substantially the following form:
713.20 Waiver or release of liens.— (6) A person may not require a lienor to furnish 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 or final payment unless the lienor has entered into a direct contract that requires the lienor to furnish a waiver or release that is different from the forms in subsection (4) or subsection (5).
621 WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT 624 The undersigned lienor, in consideration of the sum of $...., hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through ...(insert date)...
(8) Any provisions in a lien waiver or lien release which are that is not related to the waiver or release of a lien or the right to claim a lien as provided in this section are unenforceable, unless 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.
756 NOTICE OF NONPAYMENT 758 To ...(name of contractor and address)...
700 NOTICE OF NONPAYMENT 702 To ...(name of contractor and address)...
760 ...(name of surety and address)...
704 ...(name of surety and address)...
762 The undersigned lienor notifies you that:
706 The undersigned lienor notifies you that:
776 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.
720 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.
780 DATED on ............, .........
724 DATED on ............, .........
782 ...(signature and address of lienor)...
726 ...(signature and address of lienor)...
784 STATE OF FLORIDA COUNTY OF........
728 STATE OF FLORIDA COUNTY OF........
787 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 ....
731 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 ....
795 Personally Known ........
739 Personally Known ........
797 Type of Identification Produced.................................
741 Type of Identification 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 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.
forms.— (3) A person may not require a claimant to furnish a waiver that is different from the forms in subsections (1) and (2) in exchange for, or to induce payment of, a progress payment or final payment unless the claimant has entered into a direct contract that requires the claimant to furnish a waiver that is different from the forms in subsections (1) and (2).
713.23 or s.
(5) Any provisions in a waiver which are that is not related to the waiver of a claim or 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.
View plain text versions (3)

Action History

  1. Died on Second Reading Calendar

  2. Added to Second Reading Calendar

  3. Temporarily postponed, on 2nd Reading

  4. Amendment 092321 filed

  5. 1st Reading (Engrossed 1)

  6. Bill added to Special Order Calendar (4/26/2021)

  7. Bill referred to House Calendar

  8. In Messages

  9. CS passed as amended; YEAS 40 NAYS 0

  10. Read 3rd time

  11. Amendment(s) adopted (677600)

  12. Read 2nd time

  13. Placed on Special Order Calendar, 04/21/21

  14. Retained on Calendar

  15. Retained on Special Order Calendar

  16. Placed on Special Order Calendar, 04/07/21

  17. Placed on Calendar, on 2nd reading

  18. Favorable by- Rules; YEAS 17 NAYS 0

  19. On Committee agenda-- Rules, 03/25/21, 9:00 am, 412 Knott Building

  20. Now in Rules

  21. Favorable by Governmental Oversight and Accountability; YEAS 5 NAYS 0

  22. On Committee agenda-- Governmental Oversight and Accountability, 03/17/21, 9:00 am, 37 Senate Building

  23. CS by Judiciary read 1st time

  24. Introduced

  25. Now in Governmental Oversight and Accountability

  26. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  27. CS by Judiciary; YEAS 10 NAYS 0

  28. On Committee agenda-- Judiciary, 02/15/21, 2:30 pm, 412 Knott Building

  29. Referred to Judiciary; Governmental Oversight and Accountability; Rules

  30. Filed

Sponsors

  • Perry · Primary

Sponsorship breakdown

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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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 22000
Democrat 4000
No Party Affiliation 1000
Total 40000
% 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

Official roll call →

Favorable

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 5000
Unaffiliated 12000
Total 17000
% 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

Official roll call →

Favorable

Passed 5 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 1001
Unaffiliated 4000
Total 5001
% 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

Official roll call →

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 2001
Democrat 2000
Total 10001
% 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

Official roll call →

Subjects

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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.

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