1(1) 2Any person who receives a payment for constructing or altering permanent improvements to real property shall pay, in accordance with the contract terms, the undisputed contract obligations for labor, services, or materials provided on account of such improvements.
40(2) 41The 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 30 days after the date payment for such labor, services, or materials is received, whichever 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).
120(3) 121Any person providing labor, services, or materials for improvements to real property may file a verified complaint alleging:139(a) 140The existence of a contract, as defined in s. 149713.01, 150to improve real property. 154(b) 155A description of the labor, services, or materials provided and alleging that the labor, services, or materials were provided in accordance with the contract.
179(c) 180The amount of the contract price.
186(d) 187The amount, if any, paid pursuant to the contract.
196(e) 197The amount that remains unpaid pursuant to the contract, and the amount thereof that is undisputed.
213(f) 214That 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.
246(g) 247That the person against whom the complaint was filed has received payment on account of the labor, services, or materials described in the complaint more than 30 days prior to the date the complaint was filed.
283(4) 284After 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:345(a) 346An accounting of the use of any such payment from the person who received such payment.
362(b) 363A temporary injunction against the person who received the payment, subject to the bond requirements specified in the Florida Rules of Civil Procedure.
386(c) 387Prejudgment attachment against the person who received the payment, in accordance with each of the requirements of chapter 76.
406(d) 407Such other legal or equitable remedies as may be appropriate in accordance with the requirements of the law.
425(5) 426The 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.
457(6) 458The remedies specified in subsection (4) do not apply:467(a) 468To the extent of a bona fide dispute regarding any portion of the contract price.
483(b) 484In the event the plaintiff has committed a material breach of the contract which would relieve the defendant from the obligations under the contract.
508(7) 509The prevailing party in any proceeding under this section is entitled to recover costs, including a reasonable attorney’s fee, at trial and on appeal.
