When must a Florida claimant institute a private payment-bond action?

Identify the actual statutory private payment bond and the claimant’s own qualifying furnishing.

Preserve the separate preliminary and nonpayment notices wherever required.

Read any contest with actual service, certificate, recording and recorded-copy proof before instituting the action.

1. Identify the actual statutory private payment bond and the claimant’s own qualifying furnishing.
2. Preserve the claimant’s own qualifying event rather than another contractor’s later work. Do not convert one year into a fixed day count. Compare the actual served contest and section 713.011 court-filing provisions. This guide computes no date.
3. Preserve the actual statutory holidays, clerk calendar and qualifying emergency closure records.
4. Complete the required act with the proper court or recipient.

Section 713.011(1) extends a final Saturday, Sunday, specified section 110.117(1) holiday, clerk-observed holiday or chief-judge designated holiday to the next business day. Subsection (2) separately addresses emergency clerk closure preventing in-person recording or filing. On reopening, its period extends by the number of closed days. Preserve the actual calendar and closure records. Do not add that tolling automatically to noncourt service.

The single-year preset omits prescribed notice conditions and the sixty-day contest branch. It cannot establish claimant-specific furnishing or actual transferred-security treatment. No computed or paid private-bond lawsuit date is released.

The action uses the claimant’s own furnishing

Paragraph (e) measures the one-year action from the claimant’s own performance or completed materials delivery. It rejects certificate-of-occupancy and substantial-completion substitutes. Another contractor’s later work does not establish a new claimant event.

Required notices remain separate conditions

Paragraph (e) requires the applicable paragraph (c) preliminary notice and paragraph (d) nonpayment notice. The latter’s optional bond-copy event does not enlarge the action year. Preserve actual required notices and service rather than treating a lawsuit date as completed notice compliance.

The payment-bond contest has its own service sequence

After the required nonpayment notice is served, the contractor or attorney may use the prescribed contest. They first serve the lienor at its stated notice address under section 713.18. They certify service and record the notice. The clerk then serves recorded copies. Sixty days runs from prescribed service.

Private-bond terms cannot add the stated prohibited restrictions

Paragraph (f) addresses bonds issued on or after October 1, 2012. It rejects the stated additional recovery conditions, prohibited venue restriction and advance waiver. Liability remains bounded by the penal sum. Establish the actual bond and issuance instead of assuming any bond title is sufficient.

Transfer provisions require comparison with the actual action

Section 713.23(4) incorporates the specified section 713.24(3) provisions where no conflict exists. Section 713.24 separately governs transfer security and its action history. Preserve the actual instrument and court proceeding before applying a transfer rule.

The construction-lien statute has its own time provisions

Section 713.011(1) extends a qualifying final weekend or holiday to the next business day. Subsection (2) separately tolls recording and court-filing periods during its qualifying emergency clerk closure. Preserve the actual clerk calendar and closure history. The current single-date preset does not implement that statutory history.

• This guide does not establish lien entitlement, valid notice, sworn amounts, completed service or recording, a timely action or an actual judicial ruling.
• Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.

• Identify the actual statutory private payment bond and the claimant’s own qualifying furnishing.
• Preserve the separate preliminary and nonpayment notices wherever required.
• Read any contest with actual service, certificate, recording and recorded-copy proof before instituting the action.
• Paragraph (e) measures the one-year action from the claimant’s own performance or completed materials delivery. It rejects certificate-of-occupancy and substantial-completion substitutes. Another contractor’s later work does not establish a new claimant event.
• Paragraph (e) requires the applicable paragraph (c) preliminary notice and paragraph (d) nonpayment notice. The latter’s optional bond-copy event does not enlarge the action year. Preserve actual required notices and service rather than treating a lawsuit date as completed notice compliance.
• After the required nonpayment notice is served, the contractor or attorney may use the prescribed contest. They first serve the lienor at its stated notice address under section 713.18. They certify service and record the notice. The clerk then serves recorded copies. Sixty days runs from prescribed service.
• Paragraph (f) addresses bonds issued on or after October 1, 2012. It rejects the stated additional recovery conditions, prohibited venue restriction and advance waiver. Liability remains bounded by the penal sum. Establish the actual bond and issuance instead of assuming any bond title is sufficient.
• Section 713.23(4) incorporates the specified section 713.24(3) provisions where no conflict exists. Section 713.24 separately governs transfer security and its action history. Preserve the actual instrument and court proceeding before applying a transfer rule.
• Section 713.011(1) extends a qualifying final weekend or holiday to the next business day. Subsection (2) separately tolls recording and court-filing periods during its qualifying emergency clerk closure. Preserve the actual clerk calendar and closure history. The current single-date preset does not implement that statutory history.
• Institute or prosecute the prescribed action against the contractor or surety within the applicable period. Section 713.23(1)(e) preserves the required notices and defines its separate contest sequence. Preserve actual court filing, the proper parties and any applicable transferred-security procedure.