(1) Any person, firm, or corporation who receives a payment from the state or any county, city, or political subdivision of the state, or other public authority, for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work shall pay, in accordance with the contract terms, the undisputed contract obligations for labor, services, or materials provided on account of such improvements. A person, firm, or corporation who knowingly and intentionally fails to make the payment required under this subsection commits a misapplication of construction funds, punishable as provided in s. 713.345.
(2) The failure to pay any undisputed obligations for such labor, services, or materials within 30 days after the date the labor, services, or materials were furnished and payment for such labor, services, or materials became due, or within the time limitations set forth in s. 255.073(3), whichever last occurs, shall entitle any person providing such labor, services, or materials to the procedures specified in subsection (3) and the remedies provided in subsection (4).
(3) Any person providing labor, services, or materials for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work improvements to real property may file a verified complaint alleging:
(a) The existence of a contract for providing such labor, services, or materials to improve real property.
(b) A description of the labor, services, or materials provided and alleging that the labor, services, or materials were provided in accordance with the contract.
(c) The amount of the contract price.
(d) The amount, if any, paid pursuant to the contract.
(e) The amount that remains unpaid pursuant to the contract and the amount thereof that is undisputed.
(f) That the undisputed amount has remained due and payable pursuant to the contract for more than 30 days after the date the labor or services were accepted or the materials were received.
(g) That the person against whom the complaint was filed has received payment on account of the labor, services, or materials described in the complaint and, as of the date the complaint was filed, has failed to make payment within the time limitations set forth in s. 255.073(3).
(4) After service of the complaint, the court shall conduct an evidentiary hearing on the complaint, upon not less than 15 days’ written notice. The person providing labor, services, or materials is entitled to the following remedies to the extent of the undisputed amount due for labor or services performed or materials supplied, and upon proof of each allegation in the complaint:
(a) An accounting of the use of any such payment from the person who received such payment.
(b) A temporary injunction against the person who received the payment, subject to the bond requirements specified in the Florida Rules of Civil Procedure.
(c) Prejudgment attachment against the person who received the payment, in accordance with each of the requirements of chapter 76.
(d) Such other legal or equitable remedies as may be appropriate in accordance with the requirements of the law.
(5) The remedies specified in subsection (4) must be granted without regard to any other remedy at law and without regard to whether or not irreparable damage has occurred or will occur.
(6) The remedies specified in subsection (4) do not apply:
(a) To the extent of a bona fide dispute regarding any portion of the contract price.
(b) In the event the plaintiff has committed a material breach of the contract which would relieve the defendant from the obligations under the contract.
(7) The prevailing party in any proceeding under this section is entitled to recover costs, including a reasonable attorney’s fee, at trial and on appeal.
(8) The provisions of this section shall also apply to any contract between a subcontractor and a sub-subcontractor or supplier and any contract between a sub-subcontractor and supplier on any project for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work.
History.—s. 1, ch. 93-141; s. 5, ch. 2005-230; s. 2, ch. 2021-124.
Structure Florida Statutes
Title XVIII - Public Lands and Property
Chapter 255 - Public Property and Publicly Owned Buildings
255.01 - Proceeds of Insurance May Be Used to Replace Property Destroyed.
255.02 - Boards Authorized to Replace Buildings Destroyed by Fire.
255.03 - Proceeds of Insurance to Be Paid Into State Treasury; Disbursement of Funds.
255.04 - Preference to Home Industries in Building Public Buildings.
255.041 - Separate Specifications for Building Contracts.
255.042 - Shelter in Public Buildings.
255.043 - Art in State Buildings.
255.045 - Cleanup After Events Held on Public Property.
255.05 - Bond of Contractor Constructing Public Buildings; Form; Action by Claimants.
255.051 - Public Bids; Check or Draft as Good Faith Deposit.
255.0515 - Bids for State Contracts; Substitution of Subcontractors.
255.0516 - Bid Protests by Educational Boards.
255.0517 - Owner-Controlled Insurance Programs for Public Construction Projects.
255.0518 - Public Bids; Bid Opening.
255.052 - Substitution of Securities for Amounts Retained on Public Contracts.
255.0525 - Advertising for Competitive Bids or Proposals.
255.065 - Public-Private Partnerships.
255.073 - Timely Payment for Purchases of Construction Services.
255.074 - Procedures for Calculation of Payment Due Dates.
255.076 - Award of Court Costs and Attorney’s Fees.
255.077 - Project Closeout and Payment of Retainage.
255.078 - Public Construction Retainage.
255.099 - Preference to State Residents.
255.0991 - Contracts for Construction Services; Prohibited Local Government Preferences.
255.0992 - Public Works Projects; Prohibited Governmental Actions.
255.101 - Contracts for Public Construction Works; Utilization of Minority Business Enterprises.
255.102 - Contractor Utilization of Minority Business Enterprises.
255.103 - Construction Management or Program Management Entities.
255.21 - Special Facilities for Physically Disabled.
255.211 - Special Symbol May Be Displayed.
255.22 - Reconveyance of Lands Not Used for Purpose Specified.
255.249 - Department of Management Services; Responsibility; Department Rules.
255.25 - Approval Required Before Construction or Lease of Buildings.
255.2501 - Lease of Space Financed With Local Government Obligations.
255.2502 - Contracts Which Require Annual Appropriation; Contingency Statement.
255.2503 - Contracts for Lease of Buildings; Prohibited Provisions.
255.251 - Energy Conservation and Sustainable Buildings Act; Short Title.
255.252 - Findings and Intent.
255.253 - Definitions; Ss. 255.251-255.2575.
255.254 - No Facility Constructed or Leased Without Life-Cycle Costs.
255.256 - Energy Performance Index.
255.257 - Energy Management; Buildings Occupied by State Agencies.
255.2575 - Energy-Efficient and Sustainable Buildings.
255.259 - Florida-Friendly Landscaping on Public Property.
255.28 - Department Authority to Acquire Land With or for Facility Thereon.
255.29 - Construction Contracts; Department Rules.
255.32 - State Construction Management Contracting.
255.45 - Correction of Firesafety Violations in Certain State-Owned Property.
255.451 - Electronic Firesafety and Security System.
255.501 - Building and Facilities Act; Short Title.
255.502 - Definitions; Ss. 255.501-255.525.
255.503 - Powers of the Department of Management Services.
255.505 - Creation of the Pool.
255.507 - Determination of Qualified Facilities.
255.508 - Participation in Pool.
255.509 - Request for Advisory Statement.
255.51 - Determination of Rental Rates.
255.511 - Factors to Be Considered in Establishing Rental Rates.
255.513 - Powers of the Division of Bond Finance and the Department of Management Services.
255.514 - Division of Bond Finance; Revenue Bonds.
255.515 - Issuance of Obligations by the Division.
255.516 - Security for Payment of Obligations.
255.517 - Anticipation Obligations.
255.518 - Obligations; Purpose, Terms, Approval, Limitations.
255.519 - Variable Rate Obligations.
255.52 - Approval by State Board of Administration.
255.522 - State and Political Subdivisions Not Liable on Obligations.
255.523 - Exemption From Taxes.
255.524 - Obligations Issued Constitute Legal Investments.
255.525 - Inconsistent Provisions of Other Laws Superseded.
255.5576 - Consideration of Energy-Efficient Materials; High-Energy Lighting.
255.60 - Special Contracts With Charitable or Not-for-Profit Organizations.