NACM-ICPC of Florida
The NACM-ICPC is the legislative arm of Florida’s NACM organizations. Formed almost two decades ago to advocate for Florida’s construction material supply industry, the NACM-ICPC has taken the lead on construction credit issues with passage of important reforms affecting construction liens, construction bonds, court procedures, judgment liens and general credit and collection issues.
The NACM-ICPC (National Association of Credit Management - Improved Construction Practices Committee) is committed to promoting quality and integrity in Florida’s construction credit industry.
The Purpose of the ICPC
Accomplishments of the ICPC include:
- Raised the jurisdiction of the Small Claims Court to $5000.00.
- Passed changes to the sales tax exemption for public entities making a direct purchase of construction materials. The changes shift the burden for following proper procedures and for paying tax and penalties when such procedures are not followed to the governmental entity, and create a procedure for a certificate of entitlement that the governmental entity must provide the contractor along with proper purchase orders for the tax exempt sale.
- Passed provisions which will allow building departments to create on-line building permit systems that are accessible by the public in a searchable format.
- Amended laws to clarify that temporary help firms do have lien rights
- Amended lien law service provisions to provide for overnight and second-day delivery, new methods of postal service, and evidence of delivery in electronic formats.
- Amended the lien law to provide that instruments properly served by any allowed method that are returned unserved through no fault of the sender are considered served on the date sent.
- Created provisions which allow service of Notices to Owner and Notices to Contractor to be served under a 40-day rule which allows use of a postal mail log in lieu of return receipts.
- Amended the lien and bond laws to make lien service provisions applicable to all types of lien and bond documents, and created clear cross references.
- Amended the lien law to clarify that service on a partnership can be made by service on one of the partners.
- Amended the lien and bond laws to clarify that finance charges provided for by contract are a proper part of a lien or bond claim.
- Added protections to conditional payment bond provisions which require a conditional bond to be listed in the notice of commencement as a conditional payment bond, require the bond to be recorded with the notice of commencement prior to commencement of the project, and require the bond to be clearly titled "Conditional Payment Bond" in order for the bond to be conditional.
- Defeated numerous bills that would have significantly weakened the Florida Construction Lien Law.
- Created criminal penalties for the fraudulent alteration of lien waivers and other lien law documents.
- Created statutory forms for a Contractor's Final Payment Affidavit, lien and bond waivers, and provided that lienors cannot be forced to use a non-statutory waiver form.
- Passed requirement that notices of termination must be served on all lienors who have given notice and lienors in privity with the owner.
- Passed provisions which allow lienors to make a written request to a lessor for a copy of any recorded lease provision which protects the lessor from liens for tenant improvements.
- Made substantial improvements to statutory forms including the notice of commencement, notices of nonpayment for bonded projects, lien waivers, claims of lien, and demands for sworn statements of account and other information.
- Passed a substantial rewrite of Chapter 255.05 relating to public projects which prohits a governmental entity from making payment to the contractor before they have received a copy of the recorded bond for the project, requires notices of contest to be “served” rather than just mailed, makes provisions that limit the duration of a payment bond unenforceable, and provides additional time when a bond is not recorded.
- Strengthened laws for the prosecution of contractors who misapply construction funds and increased penalties for unlicensed contracting.
- Added lien provisions that require prosecuting attorneys to notify DBPR when an action is instituted against a contractor for filing a fraudulent lien, misappropriating funds, or making a false statement.
- Addressed numerous unfavorable court decisions including the Allstar case, by clarifying in statute that a notice to owner that varies from the statutory form is valid as long as it includes all required warnings and information.
- Participated in the redrafting and passage of numerous other credit laws, including access to public records, protection and privacy of personal information, and creation of the statewide system for docketing judgments on personal property through the Florida Secretary of State.
For questions regarding the Improved Construction Practices Committee, please contact Trudy Dodson at:
5521 West Cypress St., Suite 200
Tampa, Florida 33607
800 / 329-6226
fax 813 / 289-4261