The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 440
WORKERS' COMPENSATION

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F.S. 440.104

440.104 Competitive bidder; civil actions.—

(1) Any person engaged in the construction industry, as provided in s. 440.02, who loses a competitive bid for a contract shall have a cause of action for damages against the person awarded the contract for which the bid was made, if the person making the losing bid establishes that the winning bidder knew or should have known that he or she was in violation of s. 440.10, s. 440.105, or s. 440.38 while performing the work under the contract.

(2) To recover in an action brought under this section, a party must establish a violation of s. 440.10, s. 440.105, or s. 440.38 by a preponderance of the evidence.

(3) Upon establishing that the winning bidder knew or should have known of the violation, the person shall recover as liquidated damages 30 percent of the total amount bid on the contract by the person bringing the action, or $15,000, whichever is greater.

(4) In any action under this section, the prevailing party is entitled to an award of reasonable attorney’s fees.

(5) An action under this section must be commenced within 2 years after the performance of activities involving any building, clearing, filling, or execution contract, or the substantial improvement in the size or use of any structure, or the appearance of any land.

(6) A person may not recover any amounts under this section if the defendant in the action establishes by a preponderance of the evidence that the plaintiff:

(a) Was in violation of s. 440.10, s. 440.105, or s. 440.38 at the time of making the bid on the contract; or

(b) Was in violation of s. 440.10, s. 440.105, or s. 440.38 with respect to any contract performed by the plaintiff within 1 year before making the bid on the contract.

(7)(a) Any person who loses a competitive bid may petition the court to join in a suit brought under this section by another person against the winning bidder on the same contract and shall be joined in such suit. If more than one person is joined against the winning bidder and such persons prevail in the suit, the court must enter judgment dividing damages recoverable under this section between the parties equally.

(b) Any person who receives notice of a suit filed under this section and fails, within 20 days after receipt of such notice, to petition the court to join as a party to the suit is barred from bringing a cause of action under this section against the winning bidder on the contract at issue. For purposes of this subsection, publication in accordance with s. 49.10 constitutes sufficient notice.

History.—s. 11, ch. 93-415; s. 6, ch. 98-174; s. 18, ch. 2002-194.

F.S. 440.104 on Google Scholar

F.S. 440.104 on Casetext

Amendments to 440.104

Arrestable Offenses / Crimes under Fla. Stat. 440.104

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 440.104.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SAVE OUR CABINETS, v. UNITED STATES DEPARTMENT OF AGRICULTURE, v., 254 F. Supp. 3d 1241 (D. Mont. 2017)

. . . . § 440.104(b). . . . exceeding evaporation if the water meets effluent limitations applicable to those discharges. 40 C.F.R. § 440.104 . . .

COEUR ALASKA, INC. v. SOUTHEAST ALASKA CONSERVATION COUNCIL, 557 U.S. 261 (9th Cir. 2009)

. . . See 40 CFR § 440.104(b)(1) (2008). . . . Accordingly, under 40 CFR § 440.104(b)(1), new mines using the froth-flotation method, as Coeur Alaska . . . wastewater to navigable waters from mills that use the froth-flotation process” for mining gold. 40 CFR § 440.104 . . . Id., at 145a; see also 40 CFR § 440.104(b). . . . mines like Coeur Alaska’s from discharging “process wastewater” into the navigable waters. 40 CFR § 440.104 . . . The standard is stringent: It allows “no discharge of process wastewater” from these mines. 40 CFR § 440.104 . . . it were to apply here, it would allow “no discharge of process wastewater” from the mine. 40 CFR § 440.104 . . . See § 440.104(a) (limiting the amount of TSS from other kinds of mines); see also EPA Development Document . . . material; and it forbids any discharge of “process wastewater,” a term that includes solid wastes. 40 CFR §440.104 . . .

SOUTHEAST ALASKA CONSERVATION COUNCIL v. UNITED STATES ARMY CORPS OF ENGINEERS J. L., 486 F.3d 638 (9th Cir. 2007)

. . . . § 440.104(b)(1). Both of the regulations appear to apply in this case, yet they are at odds. . . . See 40 C.F.R. §§ 440.100-440.104. . . . . § 440.104(b)(1) (emphasis added); see also 47 Fed.Reg. at 25,697 (proposing zero discharge). . . . EPA, ROD for § 402 NPDES Permit 3 (June 28, 2005) (citing 40 C.F.R. § 440.104). . . . See 40 C.F.R. § 440.104. . . .

SOUTHEAST ALASKA CONSERVATION COUNCIL v. UNITED STATES ARMY CORPS OF ENGINEERS, 479 F.3d 1148 (9th Cir. 2007)

. . . . § 440.104(b)(1). This very specific regulation applies to Coeur Alaska’s mill. . . . See 40 C.F.R. § 440.104. . . . See 40 C.F.R. § 440.104. . . .