[CLC-Discussion] HB 1247

[Dan Vega]

Thanks Barry.

I would like to participate on the call.

Working in Miami for the past 20 years, where a large portion of the subs speak mainly Spanish, the notice of non payment amendment will certainly make it more difficult for these companies to perfect their claims without the assistance of counsel.

On 713.245 amendment, what is the purpose of recording the notice identifying bond as conditional if nothing occurs if it is not recorded ?

And isnt 713.245 supposed to sunset at some point?  No owner with half a brain will purchase one of these bonds especially since as I understand it, they cost the same as a 713.23 bond.

Also, why would the legislature equate a notice of non payment to an encumbrance on real estate?

Finally, am I reading this amendment right so that if passed, 627.428 will apply to a payment bond claimant’s fee claim - net judgment instead of significant issues?

Thank you.


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Daniel R. Vega, Esq.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Court Mediator
Taylor Espino Vega & Touron, PLLC
201 Alhambra Circle, Suite 801
Coral Gables, Florida 33134
Telephone: (305) 443-2043
Facsimile: (305) 443-2048
Cell: (305) 962-5186
E-mail: dvega at tevtlaw.com<mailto:dvega at tevtlaw.com>

On Mar 19, 2019, at 7:11 PM, Barry Kalmanson <bkpa1 at aol.com<mailto:bkpa1 at aol.com>> wrote:

Today the Business and Professions Subcommittee of the Florida House amended House Bill 1247 with the attached. As you will note it will make it almost impossible for a claimant to recover on a payment bond in Florida.

It also permits contractors after the notice of commencement is recorded to record an unspecified  notice that a bond is conditional without serving it on any claimant. Claimants will have NO  notice of the recorded document and not know how to properly proceed.

Additionally it creates new causes of action creating substantial unnecessary litigation.


We should immediately hold a conference call to vote on the proposed bill and have our lobbyist act on our behalf.


Sincerely,

Barry Kalmanson
500 N Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

www.barrykalmanson.com<http://www.barrykalmanson.com>


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Deborah E. Lawson
(850) 570-0033
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