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The Florida Statutes

The 2020 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY
Chapter 255
PUBLIC PROPERTY AND PUBLICLY OWNED BUILDINGS
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F.S. 255.078
1255.078 Public construction retainage.
(1) With regard to any contract for construction services, a public entity may withhold from each progress payment made to the contractor an amount not exceeding 5 percent of the payment as retainage.
(2) This section and s. 255.077 do not prohibit a public entity from withholding retainage at a rate less than 5 percent of each progress payment, from incrementally reducing the rate of retainage pursuant to a schedule provided for in the contract, or from releasing at any point all or a portion of any retainage withheld by the public entity which is attributable to the labor, services, or materials supplied by the contractor or by one or more subcontractors or suppliers. If a public entity makes any payment of retainage to the contractor which is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the contractor must timely remit payment of such retainage to those subcontractors and suppliers.
(3) This section and s. 255.077 do not require the public entity to pay or release any amounts that are the subject of a good faith dispute, the subject of a claim brought pursuant to s. 255.05, or otherwise the subject of a claim or demand by the public entity or contractor.
(4) The same time limits for payment of a payment request apply regardless of whether the payment request is for, or includes, retainage.
(5) Subsection (1) does not apply to construction services purchased by a public entity which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Florida Prompt Payment Act.
(6) This section does not apply to any construction services purchased by a public entity if the total cost of the construction services purchased as identified in the contract is $200,000 or less.
History.s. 12, ch. 2005-230; s. 4, ch. 2020-173.
1Note.Section 5, ch. 2020-173, provides that:

“(1) This act does not apply to any contract for construction services which is entered into or is pending approval by a public entity, as defined in s. 255.072, Florida Statutes, or by a local governmental entity, as defined in s. 218.72, Florida Statutes, or to any construction services project advertised for bid by the public entity or local governmental entity, on or before October 1, 2020.

“(2) The amendments made to ss. 255.05 and 255.078, Florida Statutes, by this act do not apply to contracts executed under chapter 337, Florida Statutes.”