[CLC-Discussion] Legislative Phone Conference - Tomorrow April 3, 2019 at 4pm

[Jeffrey Price]

All:
Again, no matter how this thing (HB1247/SB1200) gets changes, it remains a solution in search of a problem.

This started out as a sneaky effort to limit exposure on bonds and make it difficult to make a claim, I don't care what anyone says about the law or fairness or efforts to straighten out issues. Look at the facts; this is what was in the bill to begin with and still remains:

Serve (not deliver) a NNP on Contractor and Surety
Create a 2 new forms
To be done by both lienors and rental companies
The name of the contractor and the contractor's address;
The name of the surety and the surety's address;
The nature of the labor or services performed;
The nature of labor or services to be performed, if known;
The materials furnished;
The materials to be furnished, if known;
The amount received by the lienor;
The amount due the lienor and the amount to become due, if known;
The lienor's signature and address.

This stuff was in the original but was cut - good:
Copies of the following documents if they exist;
The lienor's contract or purchase order and any amendments thereto;
Invoices, pay requests, bills of lading, delivery receipts, or similar documents; and
A statement of account reflecting all payments requested and received for the labor, services, or materials.
Written verification of the notice of nonpayment in accordance with s. 92.525. (Pursuant to s. 92.525, a person who knowingly makes a false written declaration is guilty of a third degree felony);
The ability of the Contractor to file a notice of bond separate from any requirement of the Owner to do so in the NOC
No penalty at all if the Conditional Bond didn't get recorded by anyone

The result is we now have a bill that does absolutely nothing to correct any problem that exists - it is here because it is all that's left after it was gutted.

I am opposed to passing a law for the sake of passing a law.

[cid:image001.png at 01D4EA32.EA7A6060]<https://www.npw-law.com/>

From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Sean Mickley
Sent: Tuesday, April 02, 2019 5:52 PM
To: clc-discussion at lists.flabarrpptl.org
Cc: Ashley Fields <eaf at kirwinnorris.com>
Subject: [CLC-Discussion] Legislative Phone Conference - Tomorrow April 3, 2019 at 4pm

All,

SB 1200 and HB 1247 were recently revised. The revised HB1247 is attached for your review, which is the same as revised SB1200.  The Legislative Subcommittee has met and voted to request that the CLC oppose both revised bills and request that the RPPTL Section do the same.  A copy of the meeting minutes are attached as well.

We will be holding a meeting of all CLC members tomorrow April 3, 2019 at 4pm to discuss revised SB 1200 and HB 1247.  Please attend if you want your voice heard or vote counted.

The call-in information is below:

Dial-in: 888-376-5050
Participant Code: 7542148521#
Moderator Code: 12141.

Sean A. Mickley | Of Counsel




Kirwin Norris, P.A.

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E: sam at kirwinnorris.com<mailto:sam at kirwinnorris.com>



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