The 2023 Florida Statutes (including Special Session C)

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 255
PUBLIC PROPERTY AND PUBLICLY OWNED BUILDINGS

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F.S. 255.05

255.05 Bond of contractor constructing public buildings; form; action by claimants.—

(1) A person entering into a formal contract with the state or any county, city, or political subdivision thereof, or other public authority or private entity, 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 be required, before commencing the work or before recommencing the work after a default or abandonment, to execute and record in the public records of the county where the improvement is located, a payment and performance bond with a surety insurer authorized to do business in this state as surety. A public entity may not require a contractor to secure a surety bond under this section from a specific agent or bonding company.

(a) The bond must state on its front page:

1. The name, principal business address, and phone number of the contractor, the surety, the owner of the property being improved, and, if different from the owner, the contracting public entity.

2. The contract number assigned by the contracting public entity.

3. The bond number assigned by the surety.

4. A description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement.

(b) Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph. This paragraph applies to contracts entered into on or after October 1, 2012.

(c) The bond shall be conditioned upon the contractor’s performance of the construction work in the time and manner prescribed in the contract and promptly making payments to all persons defined in s. 713.01 who furnish labor, services, or materials for the prosecution of the work provided for in the contract. A claimant may apply to the governmental entity having charge of the work for copies of the contract and bond and shall thereupon be furnished with a copy of the contract and the recorded bond. The claimant shall have a cause of action against the contractor and surety for the amount due him or her, including unpaid finance charges due under the claimant’s contract. Such action may not involve the public authority in any expense.

(d) When the work is done for the state and the contract is for $100,000 or less, no payment and performance bond shall be required. At the discretion of the official or board awarding such contract when such work is done for any county, city, political subdivision, or public authority, a person entering into such a contract that is for $200,000 or less may be exempted from executing the payment and performance bond. When such work is done for the state, the Secretary of Management Services may delegate to state agencies the authority to exempt any person entering into such a contract amounting to more than $100,000 but less than $200,000 from executing the payment and performance bond. If an exemption is granted, the officer or official is not personally liable to persons suffering loss because of granting such exemption. The Department of Management Services shall maintain information on the number of requests by state agencies for delegation of authority to waive the bond requirements by agency and project number and whether any request for delegation was denied and the justification for the denial.

(e) Any provision in a payment bond issued on or after October 1, 2012, furnished for public work contracts as provided by this subsection which further restricts the classes of persons protected by the bond, which restricts the venue of any proceeding relating to such bond, which limits or expands the effective duration of the bond, or which adds conditions precedent to the enforcement of a claim against the bond beyond those provided in this section is unenforceable.

¹(f) The Department of Management Services shall adopt rules with respect to all contracts for $200,000 or less, to provide:

1. Procedures for retaining up to 5 percent of each request for payment submitted by a contractor and procedures for determining disbursements from the amount retained on a pro rata basis to laborers, materialmen, and subcontractors, as defined in s. 713.01.

2. Procedures for requiring certification from laborers, materialmen, and subcontractors, as defined in s. 713.01, before final payment to the contractor that such laborers, materialmen, and subcontractors have no claims against the contractor resulting from the completion of the work provided for in the contract.

The state is not liable to any laborer, materialman, or subcontractor for any amounts greater than the pro rata share as determined under this section.

(g)1. The amount of the bond shall equal the contract price, except that for a contract in excess of $250 million, if the state, county, municipality, political subdivision, or other public entity finds that a bond in the amount of the contract price is not reasonably available, the public owner shall set the amount of the bond at the largest amount reasonably available, but not less than $250 million.

2. For construction-management or design-build contracts, if the public owner does not include in the bond amount the cost of design or other nonconstruction services, the bond may not be conditioned on performance of such services or payment to persons furnishing such services. Notwithstanding paragraphs (c) and (e), such a bond may exclude persons furnishing such services from the classes of persons protected by the bond.

(2)(a)1. If a claimant is no longer furnishing labor, services, or materials on a project, a contractor or the contractor’s agent or attorney may elect to shorten the time within which an action to enforce any claim against a payment bond must be commenced by recording in the clerk’s office a notice in substantially the following form:

NOTICE OF CONTEST OF CLAIM
AGAINST PAYMENT BOND

To: (Name and address of claimant)

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.

DATED on , .

Signed: (Contractor or Attorney)

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. The contractor or the contractor’s attorney shall serve a copy of the notice of contest on the claimant at the address shown in the notice of nonpayment or most recent amendment thereto and shall certify to such service on the face of the notice and record the notice. After the clerk records the notice with the certificate of service, the clerk shall serve, in accordance with s. 713.18, a copy of such recorded notice on the claimant and the contractor or the contractor’s attorney. The clerk of the court shall charge fees for such services as provided by law.

2. A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 45 days after commencing to furnish labor, services, or materials for the prosecution of the work, serve the contractor with a written notice that he or she intends to look to the bond for protection. If the payment bond is not recorded before the commencement of work or before the recommencement of work after a default or abandonment as required by subsection (1), the claimant may serve the contractor with such written notice up to 45 days after the date that the claimant is served with a copy of the bond. A claimant who is not in privity with the contractor and who has not received payment for furnishing his or her labor, services, or materials shall serve a written notice of nonpayment on the contractor and a copy of the notice of nonpayment on the surety. The notice of nonpayment must be under oath and served during the progress of the work or thereafter but may not be served earlier than 45 days after the first furnishing of labor, services, or materials by the claimant or later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, later than 90 days after the date that the rental equipment was last on the site of the improvement and available for use. Any notice of nonpayment served by a claimant who is not in privity with the contractor which includes sums for retainage must specify the portion of the amount claimed for retainage. An action for the labor, services, or materials may not be instituted against the contractor or the surety unless the notice to the contractor and notice of nonpayment have been served, if required by this section. Notices required or permitted under this section must be served in accordance with s. 713.18. A claimant may not waive in advance his or her right to bring an action under the bond against the surety. In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court or arbitrator, which fee must be taxed as part of the prevailing party’s costs, as allowed in equitable actions. The time periods for service of a notice of nonpayment or for bringing an action against a contractor or a surety are measured from the last day of furnishing labor, services, or materials by the claimant and may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. The negligent inclusion or omission of any information in the notice of nonpayment that has not prejudiced the contractor or surety does not constitute a default that operates to defeat an otherwise valid bond claim. A claimant who serves a fraudulent notice of nonpayment forfeits his or her rights under the bond. A notice of nonpayment is fraudulent if the claimant has willfully exaggerated the amount unpaid, willfully included a claim for work not performed or materials not furnished for the subject improvement, or prepared the notice with such willful and gross negligence as to amount to a willful exaggeration. However, a minor mistake or error in a notice of nonpayment, or a good faith dispute as to the amount unpaid, does not constitute a willful exaggeration that operates to defeat an otherwise valid claim against the bond. The service of a fraudulent notice of nonpayment is a complete defense to the claimant’s claim against the bond. The notice of nonpayment under this subparagraph must include the following information, current as of the date of the notice, and must be in substantially the following form:

NOTICE OF NONPAYMENT

To: (Name of contractor and address)

(Name of surety and address)

The undersigned claimant notifies you that:

1. Claimant has furnished (describe labor, services, or materials) for the improvement of the real property identified as (property description) . The corresponding amount unpaid to date is $ , of which $ is unpaid retainage.

2. Claimant has been paid to date the amount of $ for previously furnishing (describe labor, services, or materials) for this improvement.

3. Claimant expects to furnish (describe labor, services, or materials) for this improvement in the future (if known), and the corresponding amount expected to become due is $ (if known).

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.

DATED on , .

(Signature and address of claimant)

STATE OF FLORIDA

COUNTY OF

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 day of , (year) , by (name of signatory) .

(Signature of Notary Public - State of Florida)

(Print, Type, or Stamp Commissioned Name of Notary Public)

Personally Known OR Produced Identification

Type of Identification Produced

(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 may be in substantially the following form:

WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND
(PROGRESS PAYMENT)

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:

(description of project)

This waiver does not cover any retention or any labor, services, or materials furnished after the date specified.

DATED ON , .

(Claimant)

By:

(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 may be in substantially the following form:

WAIVER OF RIGHT TO CLAIM
AGAINST THE PAYMENT BOND
(FINAL PAYMENT)

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:

(description of project)

DATED ON , .

(Claimant)

By:

(d) A person may not require a claimant to furnish a waiver that is different from the forms in paragraphs (b) and (c).

(e) A claimant who executes a waiver in exchange for a check may condition the waiver on payment of the check.

(f) A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms.

(3) The bond required in subsection (1) may be in substantially the following form:

PUBLIC CONSTRUCTION BOND

Bond No. (enter bond number)

BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if Principal:

1. Performs the contract dated , , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and

2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and

3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and

4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force.

Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes.

Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond.

DATED ON , .

(Name of Principal)

By (As Attorney in Fact)

(Name of Surety)

(4) The payment bond provisions of all bonds required by subsection (1) shall be construed and deemed statutory payment bonds furnished pursuant to this section and such bonds shall not under any circumstances be converted into common law bonds.

(5) In addition to the provisions of chapter 47, any action authorized under this section may be brought in the county in which the public building or public work is being constructed or repaired. This subsection shall not apply to an action instituted prior to May 17, 1977.

(6) All payment bond forms used by a public owner and all payment bonds executed pursuant to this section by a surety shall make reference to this section by number, shall contain reference to the notice and time limitation provisions in subsections (2) and (10), and shall comply with the requirements of paragraph (1)(a).

(7) In lieu of the bond required by this section, a contractor may file with the state, county, city, or other political authority an alternative form of security in the form of cash; a money order; a certified check; a cashier’s check; or a domestic corporate bond, note, or debenture as authorized in s. 625.317. Any such alternative form of security is for the same purpose and subject to the same conditions as those applicable to the bond required by this section. The appropriate state, county, city, or other political subdivision shall determine the required value of an alternative form of security.

(8) When a contractor has furnished a payment bond pursuant to this section, he or she may, when the state, county, municipality, political subdivision, or other public authority makes any payment to the contractor or directly to a claimant, serve a written demand on any claimant who is not in privity with the contractor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any; the materials furnished; the materials to be furnished, if known; the amount paid on account to date; the amount due; and the amount to become due, if known, as of the date of the statement by the claimant. Any such demand to a claimant who is not in privity with the contractor must be served on the claimant at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by the claimant. The failure or refusal to furnish the statement does not deprive the claimant of his or her rights under the bond if the demand is not served at the address of the claimant or directed to the attention of the person designated to receive the demand in the notice to contractor. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the claimant who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. If the contractor serves more than one demand for statement of account on a claimant and none of the information regarding the account has changed since the claimant’s last response to a demand, the failure or refusal to furnish such statement does not deprive the claimant of his or her rights under the bond. The negligent inclusion or omission of any information deprives the claimant of his or her rights under the bond to the extent that the contractor can demonstrate prejudice from such act or omission by the claimant. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed before the date the demand for statement of account is received by the claimant.

(9) On any public works project for which the public authority requires a performance and payment bond, suits at law and in equity may be brought and maintained by and against the public authority on any contract claim arising from breach of an express provision or an implied covenant of a written agreement or a written directive issued by the public authority pursuant to the written agreement. In any such suit, the public authority and the contractor shall have all of the same rights and obligations as a private person under a like contract except that no liability may be based on an oral modification of either the written contract or written directive. Nothing herein shall be construed to waive the sovereign immunity of the state and its political subdivisions from equitable claims and equitable remedies. The provisions of this subsection shall apply only to contracts entered into on or after July 1, 1999.

(10) An action, except an action for recovery of retainage, must be instituted against the contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond within 1 year after the performance of the labor or completion of delivery of the materials or supplies. An action for recovery of retainage must be instituted against the contractor or the surety within 1 year after the performance of the labor or completion of delivery of the materials or supplies; however, such an action may not be instituted until one of the following conditions is satisfied:

(a) The public entity has paid out the claimant’s retainage to the contractor, and the time provided under s. 218.735 or s. 255.073(3) for payment of that retainage to the claimant has expired;

(b) The claimant has completed all work required under its contract and 70 days have passed since the contractor sent its final payment request to the public entity; or

(c) At least 160 days have passed since reaching substantial completion of the construction services purchased, as defined in the contract, or if not defined in the contract, since reaching beneficial occupancy or use of the project.

(d) The claimant has asked the contractor, in writing, for any of the following information and the contractor has failed to respond to the claimant’s request, in writing, within 10 days after receipt of the request:

1. Whether the project has reached substantial completion, as that term is defined in the contract, or if not defined in the contract, if beneficial occupancy or use of the project has occurred.

2. Whether the contractor has received payment of the claimant’s retainage, and if so, the date the retainage was received by the contractor.

3. Whether the contractor has sent its final payment request to the public entity, and if so, the date on which the final payment request was sent.

If none of the conditions described in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) is satisfied and an action for recovery of retainage cannot be instituted within the 1-year limitation period set forth in this subsection, this limitation period shall be extended until 120 days after one of these conditions is satisfied.

(11) When a contractor furnishes and records a payment and performance bond for a public works project in accordance with this section and provides the public authority with a written consent from the surety regarding the project or payment in question, the public authority may not condition its payment to the contractor on the production of a release, waiver, or like documentation from a claimant demonstrating that the claimant does not have an outstanding claim against the contractor, the surety, the payment bond, or the public authority for payments due on labor, services, or materials furnished on the public works project. The surety may, in a writing served on the public authority, revoke its consent or direct that the public authority withhold a specified amount from a payment, which shall be effective upon receipt. This subsection applies to contracts entered into on or after October 1, 2012.

(12) Unless otherwise provided in this section, service of any document must be made in accordance with s. 713.18.

History.—s. 1, ch. 6867, 1915; RGS 3533; s. 1, ch. 10035, 1925; CGL 5397; s. 1, ch. 59-491; s. 1, ch. 63-437; s. 1, ch. 71-47; ss. 1, 2, ch. 77-40; s. 1, ch. 77-78; s. 1, ch. 77-81; s. 1, ch. 80-32; s. 1, ch. 80-54; s. 1, ch. 82-196; s. 2, ch. 84-288; s. 2, ch. 85-130; s. 2, ch. 88-397; s. 21, ch. 90-109; s. 4, ch. 91-162; s. 176, ch. 92-279; s. 2, ch. 92-286; s. 55, ch. 92-326; s. 1, ch. 93-96; s. 5, ch. 94-322; s. 849, ch. 95-148; s. 25, ch. 95-196; s. 1, ch. 97-219; s. 1, ch. 98-135; s. 20, ch. 99-6; s. 33, ch. 99-13; s. 4, ch. 99-345; s. 2, ch. 99-386; s. 2, ch. 2001-118; s. 3, ch. 2001-211; s. 1, ch. 2005-218; s. 1, ch. 2005-227; s. 13, ch. 2005-230; s. 1, ch. 2007-159; s. 1, ch. 2007-221; s. 2, ch. 2012-211; s. 1, ch. 2019-94; s. 2, ch. 2020-173; s. 1, ch. 2023-226.

¹Note.—Section 5(2), ch. 2020-173, provides that “[t]he amendments made to ss. 255.05 and 255.078, Florida Statutes, by this act do not apply to contracts executed under chapter 337, Florida Statutes.”

F.S. 255.05 on Google Scholar

F.S. 255.05 on Casetext

Amendments to 255.05

Arrestable Offenses / Crimes under Fla. Stat. 255.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 255.05.

Annotations, Discussions, Cases:

Cases from cite.case.law:

TRAVELERS CASUALTY AND INSURANCE COMPANY OF AMERICA, v. COMMUNITY ASPHALT CORPORATION,, 221 So. 3d 742 (Fla. Dist. Ct. App. 2017)

. . . See § 255.05(1)(e), Fla. Stat. (2015). . . . against a surety on a public payment bond may be brought in any county authorized by Chapter 47. § 255.05 . . . any provision in a payment bond that restricts the venue of any proceeding relating to such bond. § 255.05 . . . being read into the surety bond, however, the venue selection clause becomes void pursuant to section 255.05 . . .

DANE CONSTRUCTION AND COMPANY, INC. v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a a a a, 207 F. Supp. 3d 1357 (S.D. Fla. 2016)

. . . . ¶ 11; attached at [DE 1-5], By its terms, the Bond is governed by Section 255.05, Fla. . . . provisions from the Oumer’s Agreement and/or the Subcontract into the Bond is prohibited by Section 255.05 . . . 713.01 protected by the bond or the venue of any proceeding relating to such bond is unenforceable. § 255.05 . . . See infra regarding the Court’s discussion of whether such incorporation is prohibited by § 255.05(1) . . .

FREEMAN, v. BLUE RIDGE PAPER PRODUCTS, INC., 624 F. App'x 934 (6th Cir. 2015)

. . . alternative, Plaintiffs argue that the costs should be reduced to eliminate the following charges: 1) $255.05 . . . First, Plaintiffs argue that the $255.05 state-court pretrial motion-hearing transcript from December . . .

SAM K. DIANE C. K. v. HAWAII DEPARTMENT OF EDUCATION, K. C. K. v., 788 F.3d 1033 (9th Cir. 2015)

. . . The calculation was primarily based on 255.05 billable hours compensated at a rate of $285 per hour, . . .

In STANDARD JURY INSTRUCTIONS- CONTRACT AND BUSINESS CASES, 116 So. 3d 284 (Fla. 2013)

. . . enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 . . .

EAST COAST METAL DECKS, INC. v. BORAN CRAIG BARBER ENGEL CONSTRUCTION CO. INC., 114 So. 3d 311 (Fla. Dist. Ct. App. 2013)

. . . that East Coast’s third-party claim against Safeco was a claim against a payment bond and that section 255.05 . . . Rather, it is section 255.05(5) which deals with payment bonds, that is applicable to this case. . . . Section 255.05(5) provides in relevant part that “any action authorized under this section may be brought . . .

HARTFORD CASUALTY INSURANCE COMPANY, a v. CITY OF MARATHON, a a, 825 F. Supp. 2d 1276 (S.D. Fla. 2011)

. . . . § 255.05 (2007). . . . Stat. § 255.05 (2007). . . . Stat. § 255.05(1)(a) (2007). . . . Stat. § 255.05(1)(c)(1) (2007); (Underlying Construction Contract ¶ 16.1.1, DE # 35-2, at 35). . . . Stat. § 255.05(l)(a) (2007). . . . .

FISK ELECTRIC COMPANY, v. SOLO CONSTRUCTION CORPORATION,, 417 F. App'x 898 (11th Cir. 2011)

. . . . § 255.05, for the proposition that "[u]nder Florida law, ... a payment bond surety is liable for the . . . Nothing in § 255.05 requires that Defendants be held jointly and severally liable. . . . Stat. § 255.05(l)(a). . . . .

S. CONRAD, v. R. YOUNG, G. C. Jr. T. W. S. I. L. C. G. R. Jr. D. P. J. L., 10 So. 3d 1154 (Fla. Dist. Ct. App. 2009)

. . . enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 . . .

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. CONTRACTPOINT FLORIDA PARKS, LLC,, 986 So. 2d 1260 (Fla. 2008)

. . . For example, section 255.05(9), Florida Statutes (2007), relates to public works contracts entered into . . .

CADLE COMPANY, v. RHOADES,, 978 So. 2d 833 (Fla. Dist. Ct. App. 2008)

. . . enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 . . .

LIBERTY MUTUAL INSURANCE COMPANY, v. AVENTURA ENGINEERING CONSTRUCTION CORP. O. A., 534 F. Supp. 2d 1290 (S.D. Fla. 2008)

. . . See § 255.05(2), Fla. Stat. (1995). . . . Fla. 1989) (“Because of their importance, payment and performance bonds are mandatory under section 255.05 . . .

AQUATIC PLANT MANAGEMENT, INC. v. PARAMOUNT ENGINEERING, INC., 977 So. 2d 600 (Fla. Dist. Ct. App. 2007)

. . . and American Safety Casualty Insurance Company, the issuer of the payment bond required by section 255.05 . . . See § 255.05(l)(a), Fla. Stat. . . . Section 255.05(l)(a) requires that the bond be “conditioned upon the contractor’s ... promptly making . . . The question, then, is whether section 255.05’s reference to the “persons defined in s. 713.01” also . . . To interpret section 255.05(1) in such a manner as to include and protect claimants who could qualify . . .

HALIFAX PAVING, INC. v. UNITED STATES FIRE INSURANCE COMPANY,, 481 F. Supp. 2d 1331 (M.D. Fla. 2007)

. . . . § 255.05 on a construction project known as Palm Grove that was performed on behalf of the City of . . . Stat. § 255.05(2)(b) and (2)(c) for the proposition that U.S. . . . Stat. § 255.05(2)(b) and (2)(c). . . .

PROFESSIONAL PLASTERING STUCCO, INC. v. BRIDGEPORT- STRASBERG JOINT VENTURE,, 940 So. 2d 444 (Fla. Dist. Ct. App. 2006)

. . . That case dealt with a public project payment bond under the provisions of section 255.05, Florida Statutes . . . construed as statutory bonds and “shall not under any circumstances be converted into common law bonds.” § 255.05 . . . Plaza Materials Corp., 908 So.2d 360 (Fla.2005) (noting 1980 legislative change to § 255.05, precluding . . . following language: “This bond hereby is amended so that the provisions and limitations of section 255.05 . . . Crushed Stone and overruling opinions holding that companies’ technical noncompliance with section 255.05 . . .

AMERICAN HOME ASSURANCE COMPANY, v. PLAZA MATERIALS CORPORATION,, 908 So. 2d 360 (Fla. 2005)

. . . STATUTORY PAYMENT BOND DOES NOT CONTAIN REFERENCE TO THE NOTICE AND TIME LIMITATION PROVISIONS OF SECTION 255.05 . . . In 1980, the Legislature added subsections (4) and (6) to section 255.05. . . . .” § 255.05(4), Fla. Stat. (1995) (emphasis supplied). . . . Thus, according to Plaza, the bond does not warrant “statutory” treatment under section 255.05. . . . The dissent would relegate section 255.05(6) into nonexistence. . . . I disagree, however, that section 255.05, Florida Statutes (1995), contains conflicting provisions and . . . Finally, subsection (6) imposes notice requirements on the issuer of the bond. § 255.05(6), Fla. . . . An examination of the other relevant subsections of section 255.05 reinforces this conclusion. . . . I note that the bond in this case expressly cited section 255.05. . . . See § 255.05(2)(b)2., Fla. Stat. (2004); see also ch. 63-437, § 1, Laws of Fla. . . .

APAC- FLORIDA, INC. v. ONEBEACON INSURANCE COMPANY, INC., 888 So. 2d 126 (Fla. Dist. Ct. App. 2004)

. . . the appellee surety may rely on the shortened statute of limitations for a bond issued under section 255.05 . . . Under section 255.05, Florida Statutes (1997), the general contractor was required “to execute, deliver . . . Id. § 255.05(1)(a). . . . summary judgment because the lawsuit was not filed within the one-year period provided by subsection 255.05 . . . If the surety wants to take advantage of the shorter statute of limitations provided in subsection 255.05 . . .

AMENDMENT TO THE RULES REGULATING THE FLORIDA BAR, 875 So. 2d 448 (Fla. 2004)

. . . and the analysis and litigation of problems arising out of the Florida Construction Lien Law, section 255.05 . . .

In GRUBBS CONSTRUCTION COMPANY, v., 306 B.R. 372 (Bankr. M.D. Fla. 2004)

. . . Fire, as surety, with Grubbs as principal pursuant to Section 255.05 of the Florida Statutes. . . . Conclusions of Law Florida Statute section 255.05(2)(a)(2) provides that “in any action brought to enforce . . . The parties agree through their pleadings that section 255.05(2)(a)(2) is the controlling statute. . . . There is a dearth of precedent or other persuasive authority interpreting Florida Statute section 255.05 . . . Fire became the “prevailing party” pursuant to Florida Statute section 255.05(2)(a)(2) on NEC’s Revetment . . .

EVERETT PAINTING COMPANY, INC. a v. PADULA WADSWORTH CONSTRUCTION, INC. a a, 856 So. 2d 1059 (Fla. Dist. Ct. App. 2003)

. . . The project constituted a public project pursuant to section 255.05, Florida Statutes (1997), and under . . . create a conditional payment bond because the bond in the instant case was issued pursuant to section 255.05 . . . and there are no provisions in section 255.05 similar to those in section 713.245. . . . The purpose of section 255.05 is to protect subcontractors and suppliers by providing them with an alternative . . .

RELIANCE INSURANCE COMPANY, v. PRO- TECH CONDITIONING HEATING,, 866 So. 2d 700 (Fla. Dist. Ct. App. 2003)

. . . for Pro-Tech’s attorney’s fees, the trial court awarded Pro-Tech attorney’s fees, pursuant to section 255.05 . . . Because Pro-Tech is no longer the prevailing party pursuant to section 255.05(2)(a)2, Florida Statutes . . . Section 255.05(2)(a),2, Florida Statutes provides: In any action brought to enforce a claim against a . . .

THE CLARK CONSTRUCTION GROUP, INC. v. WENTWORTH PLASTERING OF BOCA RATON, INC. d b a P. A., 840 So. 2d 357 (Fla. Dist. Ct. App. 2003)

. . . enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 . . .

SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, v. TRANE COMPANY, a a a, 840 So. 2d 1095 (Fla. Dist. Ct. App. 2003)

. . . in these consolidated cases that impress an equitable lien upon funds retained pursuant to section 255.05 . . . In March 1998, pursuant to section 255.05, Florida Statutes, Trane made a formal demand for $42,129.51 . . .

AMERICAN HOME ASSURANCE COMPANY, v. APAC- FLORIDA, INC. a, 834 So. 2d 369 (Fla. Dist. Ct. App. 2003)

. . . surety may not invoke the notice requirements and the shorter statute of limitations provided in section 255.05 . . . agrees to be surety on a bond that fails to comply with the mandatory' notice provisions in section 255.05 . . .

T G CONSTRUCTORS, INC. v. PRO- TECH CONDITIONING AND HEATING SERVICE, INC., 834 So. 2d 258 (Fla. Dist. Ct. App. 2002)

. . . against Reliance Insurance Company, the surety on a payment bond obtained by T & G pursuant to section 255.05 . . .

AMERICAN HOME ASSURANCE COMPANY, v. PLAZA MATERIALS CORPORATION,, 826 So. 2d 358 (Fla. Dist. Ct. App. 2002)

. . . Section 255.05 is often referred to as the Little Miller Act (“the Act”). See Delduca v. . . . See § 255.05(l)(a). . . . See ch. 80-32, § 1, Laws of Fla., as codified in § 255.05(4), (6). . . . made no reference to the notice and time limitations of section 255.05(2). . . . See § 255.05(3), Fla. Stat. (2001). . . .

FLORIDA CRUSHED STONE COMPANY, v. AMERICAN HOME ASSURANCE COMPANY,, 815 So. 2d 715 (Fla. Dist. Ct. App. 2002)

. . . statutorily approved bond form, it fails to include provisions required by subsections (1) and (6) of section 255.05 . . . But as we read section 255.05(4), perhaps the most unambiguous portion of the statute, Florida no longer . . . construe this statement to mean that when neither party has complied with the requirements of section 255.05 . . . Appellant candidly admits that its failure to comply with the requirements of section 255.05(2), Florida . . . Statutes, was not caused by appellee’s failure to include the information required by sections 255.05 . . .

THE SCHOOL BOARD OF BROWARD COUNTY, a v. THE GREAT AMERICAN INSURANCE COMPANY,, 807 So. 2d 750 (Fla. Dist. Ct. App. 2002)

. . . Pursuant to the contract, and in accordance with section 255.05(l)(a), Florida Statutes (1999), Great . . .

In CONE CONSTRUCTORS, INC. d b a, 265 B.R. 302 (Bankr. M.D. Fla. 2001)

. . . In accordance with § 255.05 of the Florida Statutes, before commencing work on an FDOT project, the Debtor . . . Stat. § 255.05(l)(a). . . . Stat. § 255.05. . . .

SCHOOL BOARD OF ESCAMBIA COUNTY, FLORIDA, v. TIG PREMIER INSURANCE COMPANY, v., 110 F. Supp. 2d 1351 (N.D. Fla. 2000)

. . . Pursuant to Section 255.05 of the Florida Statutes, and as a condition of the contract, Southco posted . . .

GIBBS CONSTRUCTION COMPANY v. S. L. PAGE CORPORATION, v. S. L., 755 So. 2d 787 (Fla. Dist. Ct. App. 2000)

. . . therefore, they were entitled to an award of attorney’s fees as the prevailing party pursuant to section 255.05 . . .

SKILLED SERVICES CORPORATION, a v. RELIANCE INSURANCE COMPANY, 763 So. 2d 1092 (Fla. Dist. Ct. App. 1999)

. . . asserted that it was a “laborer” and therefore exempt from the preliminary notices requested by section 255.05 . . .

SHANNON R. GINN CONSTRUCTION COMPANY R. v. RELIANCE INSURANCE COMPANY,, 51 F. Supp. 2d 1347 (S.D. Fla. 1999)

. . . See § 255.05, Fla.Stat. (1997): .The performance bond, entitled "Contract Bond,” listed Ginn as "Principal . . .

D. A. DeVANE, d b a v. P. J. CONSTRUCTORS, INC., 710 So. 2d 1375 (Fla. Dist. Ct. App. 1998)

. . . court for leave to file an amended answer to include a request for attorney’s fees pursuant to section 255.05 . . .

ARENA DEVELOPMENT COMPANY, LTD. a v. BROWARD COUNTY, a, 708 So. 2d 976 (Fla. Dist. Ct. App. 1998)

. . . elementary school budding without demanding or receiving from the contractor the bond required by section 255.05 . . . The supreme court ruled that section 255.05 applied to the project and that the board had a ministerial . . . court applied Warren in affirming a judgment against a county that had failed to comply with section 255.05 . . . county “did not require the contractor ... to submit a payment and performance bond, under section 255.05 . . . and laborers under its prevailing wage ordinance from that imposed upon public entities by section 255.05 . . .

CITY OF FORT PIERCE, a v. SHANNON R. GINN CONSTRUCTION CO. INC. s R., 705 So. 2d 934 (Fla. Dist. Ct. App. 1997)

. . . I believe that the statute of limitations contained in section 255.05(2), Florida Statutes (1989), properly . . . Additionally, the bond in this case tracked the form contained in section 255.05(3), which includes as . . . In 1993, the legislature amended section 255.05(2) to state that the one-year statute of limitations . . . Because it was intended to clarify section 255.05(2), the 1993 amendment “may properly be considered . . . determination the City’s suit was barred by the applicable one year statute of limitations contained in section 255.05 . . . Regarding the 1993 amendment to section 255.05(2), in the absence of any express, clear or manifest legislative . . . intent to apply section 255.05(2), Florida Statutes (1993) retroactively, the amended statute does not . . .

WPC, INC. v. HARTFORD ACCIDENT INDEMNITY CO., 698 So. 2d 1324 (Fla. Dist. Ct. App. 1997)

. . . the recordation requirement for payment bonds on public construction projects set forth in section 255.05 . . . the general contractor, but did not comply with the presuit notice requirements set forth in section 255.05 . . . Section 255.05(1) clearly constitutes a law that requires a specific “instrument”.— such as, a payment . . . It is therefore logical to presume that when the legislature included in section 255.05(1) the phrase . . . We, therefore, hold that the section 255.05(1) requirement that a payment bond on a public construction . . .

FEDERAL INSURANCE COMPANY, v. EXEL OF ORLANDO, INC. d b a, 685 So. 2d 896 (Fla. Dist. Ct. App. 1996)

. . . Acting as a surety to Parrish, appellant issued a payment bond for the project pursuant to section 255.05 . . . whether appellee filed its complaint within the one-year statute of limitations as required under section 255.05 . . . requiring completion, or finishing, corrective or remedial work under a construction contract. . § 255.05 . . .

HERPEL, INC. v. STRAUB CAPITAL CORP. a a a Co. a, 682 So. 2d 661 (Fla. Dist. Ct. App. 1996)

. . . nor Moretrench are of much help in resolving the instant case because both cases dealt with section 255.05 . . .

SOUTHWEST FLORIDA RETIREMENT CENTER, INC. d b a v. FEDERAL INSURANCE COMPANY, McMERIT CONSTRUCTION COMPANY, n k a v. FIREMEN S INSURANCE COMPANY OF NEWARK,, 682 So. 2d 1130 (Fla. Dist. Ct. App. 1996)

. . . See § 255.05(3), Fla. Stat. (relating to public bonds); 17 AM. . . . Moreover, the statute of limitation applicable in Florida Board of Regents was section 255.05, Florida . . .

AMERICAN BONDING COMPANY, v. COASTAL METAL SALES, INC., 679 So. 2d 1250 (Fla. Dist. Ct. App. 1996)

. . . . § 255.05, Fla. Stat. (1993). . . .

RUNYON ENTERPRISES, INC. d b a A v. S. T. WICOLE CONSTRUCTION CORPORATION OF FLORIDA, INC., 677 So. 2d 909 (Fla. Dist. Ct. App. 1996)

. . . See § 255.05, Fla. Stat. (1995). . . . See §§ 255.05, 713.01(16)(c), Fla. Stat. (1995); see also American Casualty Co. v. . . . According to section 255.05: (l)(a) Any person entering into a formal contract with the state or any . . . Section 255.05 is “remedial in nature and therefore, entitled to a liberal construction, within reason . . . Our supreme court has explained that section 255.05 is for the protection of the pubhe as well as the . . .

PALM BEACH COUNTY, a v. TRINITY INDUSTRIES, INC. a, 661 So. 2d 942 (Fla. Dist. Ct. App. 1995)

. . . that the County had failed to require Palm Beach Guardrail to post a bond in accordance with section 255.05 . . . require the contractor, Palm Beach Guardrail, to submit a payment and performance bond under section 255.05 . . . Section 255.05(l)(a), Florida Statutes (1991), requires, in pertinent part: Any person entering into . . . Co., 66 So.2d 54 (Fla.1953), this court has explained that section 255.05 places a corresponding duty . . . Furthermore, we find that the legislature, by enacting section 255.05, intended to protect the subcontractor . . .

JA DAN, INC. a f u b o Ja- v. L- J, INC. v. B W CONSTRUCTION,, 898 F. Supp. 894 (S.D. Fla. 1995)

. . . The Court thus declines to deduct this amount. 13.Florida Statutes section 255.05(2) provides that, “ . . .

HASKELL COMPANY, a v. PEEPLES CONSTRUCTION COMPANY, INC., 648 So. 2d 833 (Fla. Dist. Ct. App. 1995)

. . . issues: (1) Whether the trial court erroneously interpreted the 45-day notice provision in section 255.05 . . . Section 255.05(2), Florida Statutes, provides that “[a] claimant, except a laborer, who is not in privity . . . It is unnecessary for us to address the wisdom of the fifth district’s determination that § 255.05, Fla.Stat . . .

MARTIN PAVING COMPANY, v. UNITED PACIFIC INSURANCE COMPANY,, 646 So. 2d 268 (Fla. Dist. Ct. App. 1994)

. . . Martin’s one-count complaint did not reference section 255.05; rather, it alleged that the bond was a . . . (1) to record the bond, and even if the surety fails in its statutory obligation under section 255.05 . . . Subparagraph (4) of section 255.05 is more narrow than United’s reading of it. . . . and contain a notice that claims were subject to the 255.05(2) deadlines. . . . Section 255.05(6), Fla.Stat. (1993). . . .

DANIS INDUSTRIES CORPORATION v. GROUND IMPROVEMENT TECHNIQUES, INC., 629 So. 2d 985 (Fla. Dist. Ct. App. 1993)

. . . We also have considered section 255.05, Florida Statutes (Supp.1992), but conclude that the amended statute . . .

UNITED ALUMA GLASS, v. BRATTON CORPORATION, s BRATTON CORPORATION, v. BANKERS INSURANCE COMPANY, UNITED ALUMA GLASS, v. BRATTON CORPORATION, s BRATTON CORPORATION, v. BANKERS INSURANCE COMPANY,, 8 F.3d 756 (11th Cir. 1993)

. . . Casualty & Surety Company, and Fireman’s Fund Insurance Company, executed a payment bond under Section 255.05 . . .

DUVAL ASPHALT PRODUCTS, INC. v. E. VAUGHN RIVERS, INC. a a, 620 So. 2d 1043 (Fla. Dist. Ct. App. 1993)

. . . Appellant, a prevailing sub-subcontractor in an action on a public construction bond pursuant to Section 255.05 . . . alterations on an elementary school, and Rivers executed a performance and payment bond under section 255.05 . . . In 1985, however, section 255.05(1) was renumbered 255.05(l)(a) and subsection (b) was added. . . . Construing this statute to deny fees to all other claimants under section 255.05 would defy logic and . . . State, 92 Fla. 662, 109 So. 644 (1926) that the passage of Section 255.05 by the Florida legislature . . .

AMERICAN INSURANCE COMPANY, v. JOYNER ELECTRIC, INC., 618 So. 2d 799 (Fla. Dist. Ct. App. 1993)

. . . The surety, American Insurance Company (American), pursuant to section 255.05, Florida Statutes (1989 . . . Section 255.05(l)(a), Florida Statutes (1989), provides that a surety’s payment obligation arises when . . . a party to this lawsuit, the provision contained in American’s bond, construed in light of section 255.05 . . .

BLAZER CONSTRUCTION INDUSTRIES, INCORPORATED, v. FIDELITY GUARANTY INSURANCE COMPANY,, 616 So. 2d 622 (Fla. Dist. Ct. App. 1993)

. . . appellant presented evidence demonstrating its entitlement to recovery against appellee under section 255.05 . . .

KRAEMER, Jr. v. GENERAL MOTORS ACCEPTANCE CORPORATION, 613 So. 2d 483 (Fla. Dist. Ct. App. 1992)

. . . statutory requirement which this court recognized had been persuasively argued to not apply, [SJection 255.05 . . . And as the supreme court said in The Burke Co., Because section 255.05(2) is clear on its face, this . . .

SHARPE, INC. v. NEIL SPEAR, INC., 611 So. 2d 66 (Fla. Dist. Ct. App. 1992)

. . . contractor, where the subcontractor failed to comply with the statutory notice requirements of section 255.05 . . . Prior to filing the action, appellee had not filed either of the notices required by section 255.05(2 . . . Section 255.05 requires a claimant on a public construction project which is not in privity with the . . . Section 255.05(2) also states in pertinent part, No action for the labor, materials or supplies may be . . . failed to utilize its adequate remedy at law by failing to give the required notices under section 255.05 . . .

FIDELITY AND DEPOSIT COMPANY OF MARYLAND, v. WALDRON S, INC. a, 608 So. 2d 119 (Fla. Dist. Ct. App. 1992)

. . . public entity, the general contractor was required to, and did, post bond in compliance with section 255.05 . . .

TAYLOR WOODROW CONSTRUCTION CORP. v. BURKE CO., 606 So. 2d 1154 (Fla. 1992)

. . . The issue here is whether section 255.05(2), Florida Statutes (1989), requires a supplier of rental equipment . . . We hold that section 255.05(2) is clear on its face and requires a claimant to give notice within ninety . . . Pursuant to section 255.05, Taylor Woodrow posted a statutory bond issued by American Home Assurance . . . Section 255.05(2) requires that notice to seek payment from the bond be given within forty-five days . . . We note that the legislature has amended section 255.05(2), Florida Statutes (1989). . . .

TUTTLE S DESIGN- BUILD, INC. a a v. FLORIDA FANCY, INC. a, 604 So. 2d 873 (Fla. Dist. Ct. App. 1992)

. . . Fancy asserted a claim against a payment bond issued by Preferred for Tuttle’s pursuant to section 255.05 . . .

BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA, v. AETNA CASUALTY SURETY COMPANY, 604 So. 2d 850 (Fla. Dist. Ct. App. 1992)

. . . . § 255.05(2), Fla. Stat. (1983). . . .

BURKE COMPANY, a v. BRUCE M. ROSS COMPANY, a a Co. a, 585 So. 2d 382 (Fla. Dist. Ct. App. 1991)

. . . This is an appeal from a summary judgment for appellees holding that section 255.05, Florida Statutes . . . Pursuant to section 255.05, Florida Statutes, Woodrow posted a statutory bond issued by appellee American . . . Section 255.05(l)(a), Florida Statutes, (1989). . . . Section 255.05(2), Florida Statutes, (1989) (emphasis added). . . . (2), and opined: This section [255.05(2)] is intended to [provide] subcontractors and material-men on . . .

TREMACK CO. v. HOMESTEAD PAVING CO., 582 So. 2d 26 (Fla. Dist. Ct. App. 1991)

. . . payment bond which specified that its terms did not extend beyond the statutory requirements of section 255.05 . . . On the other hand, the case at bar deals strictly with a common law bond; section 255.05 is not mentioned . . .

In CADDIE CONSTRUCTION CO. INC. MCA INSURANCE COMPANY, v. G. GENSON, Co. a a, 125 B.R. 674 (Bankr. M.D. Fla. 1991)

. . . . § 255.05, the Debtor posted performance and payment bonds issued by MCA on its behalf in connection . . . in the Supplemental Affidavit, specifically by stating that there was no compliance with Fla.Stat. § 255.05 . . .

TREMACK CO. v. FEDERAL INSURANCE COMPANY,, 569 So. 2d 1355 (Fla. Dist. Ct. App. 1990)

. . . posted a payment bond for Linbeck, as principal, for work done on the project, pursuant to section 255.05 . . . judgment based on appellant’s failure to comply with the forty-five (45) day notice requirement of section 255.05 . . . Subsection (2) of section 255.05, Florida Statutes, provides in part: A claimant, except a laborer, who . . . determining whether appellant was a “laborer” and thus, exempt from the notice requirement of section 255.05 . . . was a laborer, and thus, exempt from the statutory notice requirement, fails as a matter of law. §§ 255.05 . . .

K. T. TRANSPORT, INC. a v. MCI CONSTRUCTORS, INC. a a, 571 So. 2d 41 (Fla. Dist. Ct. App. 1990)

. . . prejudice its complaint because it failed to comply with the pre-suit notice provisions of section 255.05 . . . Pursuant to section 255.05, MCI, as principal, and appellee National Union Fire Insurance Company of . . . Mills that a materials supplier was precluded from recovery by reason of noncompliance with section 255.05 . . . the bond in its notice to the contractor had substantially complied with the requirements of section 255.05 . . . days of commencement of work on a public project other than to secure the rights afforded by section 255.05 . . .

MORETRENCH AMERICAN CORPORATION, v. TAYLOR WOODROW CONSTRUCTION CORPORATION, 565 So. 2d 861 (Fla. Dist. Ct. App. 1990)

. . . to the general contractor within 90 days after the delivery of the equipment as required by section 255.05 . . . Appellant argues persuasively that to interpret the “complete delivery” language of section 255.05(2) . . . We must agree with appellee that the foregoing portion of section 255.05(2) is clear and unambiguous . . .

BORDELON BROTHERS TOWING COMPANY, a v. PILING STRUCTURES, INC. a a, 906 F.2d 528 (11th Cir. 1990)

. . . Piling contracted with Hartford to provide an indemnity bond as required by section 255.05(1) of the . . . advised by its counsel that Bor-delon had failed to comply with the notice requirements of section 255.05 . . . notice of ... participation in the project was to secure ... rights under the provisions of section 255.05 . . . Fla.Stat.Ann. § 255.05(1) (West 1975 & Supp. 1986) (amended 1988). . . . . Fla.Stat.Ann. § 255.05(2) (West 1975 & Supp. 1989). . . . .

HAMMET COMPANY, INC. v. FEDERAL INSURANCE COMPANY,, 560 So. 2d 326 (Fla. Dist. Ct. App. 1990)

. . . Section 255.05(2), Florida Statutes, provides: “No action shall be instituted against the contractor . . . Section 255.05 was patterned after the federal statute known as the Miller Act.” Miller v. . . . The Miller Act, like section 255.05, contains a provision limiting when a suit can be instituted by a . . . Section 255.05(2) specifies that the one year limitations period begins to run when the performance of . . . We find that section 255.05(2) specifies a clear date upon which the limitations period began to run . . .

SOUTHEASTERN MUNICIPAL SUPPLY CO. INC. v. SEABOARD SURETY COMPANY, St. R. L. P. F., 552 So. 2d 259 (Fla. Dist. Ct. App. 1989)

. . . the bond obligation imposes on Wilson the obligation to pay for alb materials and labor, and section 255.05 . . . furnished Wilson and the ap-pellee bonding companies with a preliminary notice pursuant to section 255.05 . . .

D. I. C. COMMERCIAL CONSTRUCTION CORP. a a v. KNIGHT ERECTION FABRICATION INC. a, 547 So. 2d 977 (Fla. Dist. Ct. App. 1989)

. . . We must determine whether § 255.05 contemplates the 45 day period to commence running when any work is . . . Since § 255.05 was patterned after the Miller Act, we agree those decisions are persuasive authority . . . Section 255.05 speaks of “the prosecution of the work”. . . . Stratton, 680 F.Supp. 375 (S.D.Fla.1988), the court examined the language of Section 255.05 and of the . . . It stated that Section 255.05 only held a surety liable for “labor, materials, and supplies”. . . .

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, v. TEST BALANCE CORPORATION OF ORLANDO, 37 Fla. Supp. 2d 7 (Fla. Cir. Ct. 1989)

. . . In accordance with Section 255.05, Florida Statutes, the general contractor, provided labor and materials . . . failure to give notice within 90 days after performance of labor or services as required in Section 255.05 . . . last provided any labor on the project for purposes of calculating the 90 day notice period in Section 255.05 . . . 2984 CONSTITUTES “PERFORMANCE OF LABOR” WHICH WILL TOLL THE NOTICE REQUIREMENT SET FORTH IN SECTION 255.05 . . .

SOUTHERN STEEL COMPANY, a v. HOBBS CONSTRUCTION DEVELOPMENT, INC. a W. S., 543 So. 2d 843 (Fla. Dist. Ct. App. 1989)

. . . Section 255.05, Florida Statutes (1987), requires a contractor’s surety to issue a payment bond to provide . . . Southern Steel and that Southern Steel failed to give timely notice of claim as required by section 255.05 . . . Hobbs pursuant to the agreement, along with allegations of notice by letter in satisfaction of section 255.05 . . . We agree that the same standard applies in a section 255.05 bond claim on allegations that the contractor . . .

BUFFALO TANK CORPORATION, v. ENVIRONMENTAL CONTROL EQUIPMENT, INC., 544 So. 2d 1037 (Fla. Dist. Ct. App. 1989)

. . . amount less than $200,000, and that the City had retained funds in excess of $10,000 pursuant to section 255.05 . . . grounds, including the fact that Buffalo Tank had not complied with the notice requirements of section 255.05 . . . Section 255.05(2), Florida Statutes (1985), requires a claimant “who is not in privity with the contractor . . . Section 255.05(2) is designed to provide the contractor and the surety with notice from an unpaid claimant . . . Section 255.05(2) does not require any notice to the City itself. . . .

TRANSAMERICA INSURANCE COMPANY, v. BARNETT BANK OF MARION COUNTY, N. A., 540 So. 2d 113 (Fla. 1989)

. . . As required by section 255.05, Florida Statutes (1983), Turner obtained payment and performance bonds . . . Because of their importance, payment and performance bonds are mandatory under section 255.05 for government . . .

AMERICAN CASUALTY CO. v. COASTAL CAISSON DRILL CO., 542 So. 2d 957 (Fla. 1989)

. . . PUBLIC WORKS PROJECT LAWFULLY WAIVE ITS RIGHTS TO THE CONTRACTOR’S BOND REQUIRED PURSUANT TO SECTIONS 255.05 . . . contract provided that C-Way would furnish a payment and performance bond in accordance with sections 255.05 . . . Because sections 255.05 and 337.18 are for the protection of the public, Coastal argues that their provisions . . . statute, section 713.20(2), Florida Statutes (1987), in construing the w.aiver of rights under section 255.05 . . . We agree. . § 255.05(l)(a), Fla.Stat. (1987), provides in part: When such work is done for the state . . .

FITZGERALD COMPANY, INC. v. ROBERTS ELECTRICAL CONTRACTORS, INC., 533 So. 2d 789 (Fla. Dist. Ct. App. 1988)

. . . Fitzgerald furnished a labor and material payment bond, pursuant to section 255.05, Florida Statutes . . .

HARVESTERS GROUP, INC. v. WESTINGHOUSE ELECTRIC CORPORATION,, 527 So. 2d 257 (Fla. Dist. Ct. App. 1988)

. . . Finding that Westinghouse had complied with both notice provisions of section 255.05(2), Florida Statutes . . . (14), Florida statutes (1987), precludes claimants from obtaining liens on public property, section 255.05 . . . Reversed. .Section 255.05(2), Florida Statutes (1983) provides: (2) A claimant, except a laborer, who . . . Stat., aids in construing provisions of section 255.05. See Gergora v. R.L. . . . In Clutter, the court held that the mate-rialman complied with § 255.05(2), Fla.Stat., by delivering . . .

COASTAL CAISSON DRILL CO. INC. v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,, 523 So. 2d 791 (Fla. Dist. Ct. App. 1988)

. . . American Casualty Company (American) on a payment and performance bond issued pursuant to sections 255.05 . . . contract indicated that the contractor would be required to furnish a bond in accordance with sections 255.05 . . . The plain language of section 255.05 has, from its inception, stated that the required bond is to be . . . The Fifth District has defined a payment and performance bond issued pursuant to section 255.05 as “an . . . American argues that because section 255.05 was patterned after the Miller Act, 40 U.S.C. § 270a (1986 . . .

TRANSAMERICA INSURANCE COMPANY, v. BARNETT BANK OF MARION COUNTY, N. A., 524 So. 2d 439 (Fla. Dist. Ct. App. 1988)

. . . . § 255.05 Fla.Stat. (1983). . Ch. 65-254, Laws of Fla. (eff. . . . The state counterpart in Florida is section 255.05, Florida Statutes. . Martin v. . . .

GIARDIELLO, v. BALBOA INSURANCE COMPANY, a XAROS, v. NATIONAL AMERICAN FIRE INSURANCE COMPANY, GIARDIELLO, v. BALBOA INSURANCE COMPANY, a XAROS, v. NATIONAL AMERICAN FIRE INSURANCE COMPANY,, 837 F.2d 1566 (11th Cir. 1988)

. . . . § 255.05 (West Supp.1987). . . .

W. S. A. INC. d b a f k a d b a v. STRATTON Co., 680 F. Supp. 375 (S.D. Fla. 1988)

. . . one Florida case which allowed delay damages against the surety, dealt with Florida Statute section 255.05 . . . Florida courts have looked to the Miller Act in interpreting Florida Statute section 255.05 governing . . .

C. E. S. INDUSTRIES, INC. v. STRELITZ CONSTRUCTION, INC. a, 514 So. 2d 385 (Fla. Dist. Ct. App. 1987)

. . . Therefore, the supplier substantially complied with the provisions of Section 255.05(2). . . .

WALTER E. HELLER COMPANY SOUTHEAST, INC. v. PALMER- SMITH, 504 So. 2d 511 (Fla. Dist. Ct. App. 1987)

. . . rely on the bond in its notice, substantially complied with a similarly worded requirement in section 255.05 . . .

In WARD LAND CLEARING DRAINAGE, INC. s, 73 B.R. 313 (Bankr. N.D. Fla. 1987)

. . . . § 255.05) to execute a payment and performance bond with a surety insurer authorized to do business . . .

LABORERS HEALTH WELFARE TRUST FUND OF SOUTH FLORIDA v. KMM CONSTRUCTION CO. INC. a J., 651 F. Supp. 344 (S.D. Fla. 1987)

. . . asserted herein over De-Bartolo, the contractor, pursuant to pendent jurisdiction claimed under Fla.Stat. 255.05 . . .

NORTHWESTERN, INC. a a v. WARD LAND CLEARING DRAINAGE, INC., 500 So. 2d 615 (Fla. Dist. Ct. App. 1986)

. . . Section 255.05(2), Florida Statutes (1983) requires that an action instituted against the contractor . . . Fla. 2d DCA 1983), the court said: Under the natural meaning of “performance of the labor” in section 255.05 . . . constructed building by the owner begins the one-year statute of limitations period provided by section 255.05 . . . Section 255.05(2), Fla.Stat. (1983), provides: (2) A claimant, except a laborer, who is not in privity . . .

PAVEX CORPORATION, v. BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS,, 498 So. 2d 1317 (Fla. Dist. Ct. App. 1986)

. . . would simply recover the sums due from the contractor by claiming against the surety under section 255.05 . . . Section 255.05(l)(a), Florida Statutes (1985), provides, in part: 255.05 Bond of contractor constructing . . . has been imposed on a public body where it failed to require that the bonding contemplated by section 255.05 . . .

In BOB COOPER, INCORPORATED, d b a BCI s BOB COOPER, INCORPORATED, d b a BCI v. CITY OF VENICE, Co., 65 B.R. 609 (Bankr. M.D. Fla. 1986)

. . . . § 255.05 (1986). . . .

AMERICAN INSURANCE COMPANY, v. VON ENGINEERING COMPANY,, 492 So. 2d 425 (Fla. Dist. Ct. App. 1986)

. . . . § 255.05(2), Fla.Stat. (1981). . . .

PINEWOOD PLUMBING SUPPLY, INC. v. CENTENNIAL CONSTRUCTION, INC., 489 So. 2d 216 (Fla. Dist. Ct. App. 1986)

. . . (Centennial), under section 255.05, Florida Statutes (1983). . . . Pinewood contends that it is in privity with Centennial and therefore the notice requirements of section 255.05 . . . Section 255.05 provides for an adequate remedy at law. . . . Section 255.05(2), Florida Statutes (1983) reads: (2) A claimant, except a laborer, who is not in privity . . .

In BOB COOPER INCORPORATED, d b a BCI BOB COOPER INCORPORATED, d b a BCI v. CITY OF VENICE,, 60 B.R. 579 (Bankr. M.D. Fla. 1986)

. . . negligently failed to require General Telephone to post a payment and performance bond as required by § 255.05 . . .

C. E. S. INDUSTRIES, INC. v. STINSON- HEAD, INC., 18 Fla. Supp. 2d 21 (Palm Beach Cty. Ct. 1986)

. . . Plaintiff seeks recovery under Section 255.05, Florida Statutes (1985). Defendant STINSONHEAD, INC. . . . (“STINSON”) was the general contractor on a public project covered by Section 255.05(1). . . . Defendant INSURANCE COMPANY OF NORTH AMERICA furnished a bond for the project pursuant to Section 255.05 . . . Compliance with the notice provisions of Section 255.05(2) is a condition precedent to an action on the . . . Moreover, to construe Section 255.05, Courts may look to the Mechanics’ Lien Law for guidance. . . .

JONES, v. DARIN ARMSTRONG, INC. a Co. a J. a Co. a, 785 F.2d 1521 (11th Cir. 1986)

. . . . § 255.05 (1983), requires all general contractors for public works projects (“contractors”) to post . . . A subsection of the statute, § 255.05(2), (“subsection 2”) provides in part that no action may be instituted . . . We further note that the alleged jurisdictional failure to comply with § 255.05(2) was first raised by . . .

LABORERS LOCAL JOINT HEALTH WELFARE TRUST FUND, v. B. R. STARNES COMPANY OF FLORIDA,, 658 F. Supp. 305 (S.D. Fla. 1986)

. . . Plaintiffs’ pendent state claim arises under Florida Statutes 255.05 and 713.23. . . . Section 255.05 requires contractors to execute a payment and performance bond with a surety insurer prior . . . For this contention Plaintiffs rely upon Florida Statutes 713.23 and 255.05 which, they argue, make the . . . Even assuming, arguendo, Florida Statutes 713.23 and 255.05 impose liability on the Defendants for Hicks . . . (“Florida Courts have recognized the purpose of Section 255.05 to be ‘the protection of materialmen, . . .

GIARDIELLO, v. BALBOA INSURANCE CO., 661 F. Supp. 644 (S.D. Fla. 1985)

. . . and several liability with the other defendants or (2) a third party beneficiary theory under Section 255.05 . . . , Title 29, U.S.C. §§ 185 and 1132(a)(3) and pendant jurisdiction over related claims under Section 255.05 . . . the Fifth Circuit affirmed a judgment under 29 U.S.C. § 185 and pendent jurisdiction under Section 255.05 . . . ) are solely pendent in nature, based upon plaintiffs’ third-party beneficiary status under Section 255.05 . . .

SCHOOL BOARD OF VOLUSIA COUNTY, v. FIDELITY COMPANY OF MARYLAND,, 468 So. 2d 431 (Fla. Dist. Ct. App. 1985)

. . . this appeal that the bond involved in this case is a common law bond rather than a statutory bond, § 255.05 . . .

W. G. MILLS, INC. a v. M MA CORPORATION, a d b a a, 465 So. 2d 1388 (Fla. Dist. Ct. App. 1985)

. . . presented is whether McCain is entitled to recovery against the contractor and surety under section 255.05 . . . Section 255.05(1) provides subcontractors and suppliers not in privity with the general contractor with . . . Terry Balzier & Son, Inc., 188 So.2d 2 (Fla. 2d DCA 1966); § 255.05(2), Fla.Stat. (1982). . . . of Section 255.05(1) is to protect subcontractors and suppliers by providing them with an alternative . . . In addition, however, Section 255.05(2) protects the contractor and the contractor’s surety from having . . .

SPRINKLER FITTERS AND APPRENTICES LOCAL UNION NO. U. A. a Jr. V. O. H. U. A. v. F. I. T. R. SERVICE CORPORATION, f k a H. a a, 461 So. 2d 144 (Fla. Dist. Ct. App. 1984)

. . . holding that the insurer under a performance bond on a public works contract issued pursuant to Section 255.05 . . . The court noted that Section 255.05, Florida Statutes, was patterned after the Miller Act, 40 U.S.C. . . .

FLORIDA KEYS COMMUNITY COLLEGE, v. INSURANCE COMPANY OF NORTH AMERICA, 456 So. 2d 1250 (Fla. Dist. Ct. App. 1984)

. . . sureties on the ground that they had not been filed within the one year period set forth in section 255.05 . . . Statutory bonds are those which meet the minimum requirement of section 255.05; common law bonds are . . . Section 255.05, Florida Statutes (1977) requires: (1) Any person entering into a formal contract with . . . the sureties that it was incumbent upon the college to obtain a bond which qualified under section 255.05 . . . In Houdaille the court was concerned with the absence of a reference to section 255.05 in the bond. . . .

BLOSAM CONTRACTORS, INC. a k a a a v. JOYCE, d b a, 451 So. 2d 545 (Fla. Dist. Ct. App. 1984)

. . . The sole issue is whether Backhoe complied with the forty-five-day notice provision of section 255.05 . . . In accordance with section 255.05(1), Blo-sam obtained a payment and performance bond with a surety insurer . . . Section 255.05(2) protects the contractor and the contractor’s surety from having to account to unknown . . . In order to resolve ambiguities in section 255.05, the courts have looked to the Mechanics’ Lien Law . . . Whether the notice provisions of section 255.05(2) have been satisfied must be decided on a case-by-case . . .

ALLAN ELECTRIC COMPANY, INC. v. POWER FACILITIES, INC. a k a, 450 So. 2d 1145 (Fla. Dist. Ct. App. 1984)

. . . . § 255.05(2), Fla.Stat. (1979). . . . Further, as in General Insurance Company, the bond in this case does not make any reference to section 255.05 . . . Although not applicable to this case, section 255.05 now provides that "[a]ll bonds executed pursuant . . . number and shall contain reference to the notice and time limitation provisions of this section.” § 255.05 . . .

NORTHWESTERN, INC. a a v. GULF ASPHALT, a, 443 So. 2d 508 (Fla. Dist. Ct. App. 1984)

. . . USF & G provided a payment and performance bond on this project in accordance with section 255.05, Florida . . .

GORMAN CO. OF FORT LAUDERDALE, INC. v. FRANK MAIO GENERAL CONTRACTOR, INC. St. Co., 438 So. 2d 1018 (Fla. Dist. Ct. App. 1983)

. . . Paul, the surety, furnished a payment and performance bond pursuant to section 255.05, Florida Statutes . . . Petitioner contends that the same rule should apply to its action under section 255.05. . . . (Emphasis added), while section 255.05(1) states: The claimant shall have a right of action against the . . . Section 255.05 appears to have been patterned after the Miller Act, 40 U.S.C. § 270a, which requires . . . Similarly, we believe the right under section 255.05(1) is a one of direct action against the contractor . . .