Apac-Florida, Inc. v. Onebeacon Insurance Co.

Apac-Florida, Inc. appeals an adverse summary judgment in its action against a *127payment bond. We conclude that the action is not time-barred, and remand for further proceedings.

The question presented is whether the appellee surety may rely on the shortened statute of limitations for a bond issued under section 255.05, Florida Statutes (1997), where the bond was not filed in the public records as required by the applicable statute. We conclude that there must be strict compliance with the statute, and that the surety cannot avail itself of the shortened limitation period.

The Miami-Dade County…