1(1) 2Any person, firm, or corporation who receives a payment from the state or any county, city, or political subdivision of the state, or other public authority, 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 pay, in accordance with the contract terms, the undisputed contract obligations for labor, services, or materials provided on account of such improvements.
77(2) 78The failure to pay any undisputed obligations for such labor, services, or materials within 30 days after the date the labor, services, or materials were furnished and payment for such labor, services, or materials became due, or within the time limitations set forth in s. 123255.073(3), 124whichever last occurs, shall entitle any person providing such labor, services, or materials to the procedures specified in subsection (3) and the remedies provided in subsection (4). 151(3) 152Any person providing labor, services, or materials 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 improvements to real property may file a verified complaint alleging:195(a) 196The existence of a contract for providing such labor, services, or materials to improve real property.
212(b) 213A description of the labor, services, or materials provided and alleging that the labor, services, or materials were provided in accordance with the contract.
237(c) 238The amount of the contract price.
244(d) 245The amount, if any, paid pursuant to the contract.
254(e) 255The amount that remains unpaid pursuant to the contract and the amount thereof that is undisputed.
271(f) 272That the undisputed amount has remained due and payable pursuant to the contract for more than 30 days after the date the labor or services were accepted or the materials were received.
304(g) 305That the person against whom the complaint was filed has received payment on account of the labor, services, or materials described in the complaint and, as of the date the complaint was filed, has failed to make payment within the time limitations set forth in s. 351255.073(3)352. 353(4) 354After service of the complaint, the court shall conduct an evidentiary hearing on the complaint, upon not less than 15 days’ written notice. The person providing labor, services, or materials is entitled to the following remedies to the extent of the undisputed amount due for labor or services performed or materials supplied, and upon proof of each allegation in the complaint:415(a) 416An accounting of the use of any such payment from the person who received such payment.
432(b) 433A temporary injunction against the person who received the payment, subject to the bond requirements specified in the Florida Rules of Civil Procedure.
456(c) 457Prejudgment attachment against the person who received the payment, in accordance with each of the requirements of chapter 76.
476(d) 477Such other legal or equitable remedies as may be appropriate in accordance with the requirements of the law.
495(5) 496The remedies specified in subsection (4) must be granted without regard to any other remedy at law and without regard to whether or not irreparable damage has occurred or will occur.
527(6) 528The remedies specified in subsection (4) do not apply:537(a) 538To the extent of a bona fide dispute regarding any portion of the contract price.
553(b) 554In the event the plaintiff has committed a material breach of the contract which would relieve the defendant from the obligations under the contract.
578(7) 579The prevailing party in any proceeding under this section is entitled to recover costs, including a reasonable attorney’s fee, at trial and on appeal.
603(8) 604The provisions of this section shall also apply to any contract between a subcontractor and a sub-subcontractor or supplier and any contract between a sub-subcontractor and supplier on any project 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.
