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payment request or invoice. in the same manner as ,provided in s.`218.73 or s. 218 .735. <br /> (4) All payments , other than payments for construction services, due from a local <br /> governmental entity and not made within the time specified bythis se'ctign bear interest from 30 . <br /> days after the due date at the rate of 1 percent perrmontFi on the unpaid "balance. The vendor <br /> must invoice the local governmental entity for any interestaccrued in order to receive the interest <br /> Payment. Any overdue period of less than ' 1 month .is .considered as 1 month in computing <br /> interest. Unpaid interest is compounded monthly. For the purposes of this section , the term <br /> month" means a period beginning on any day of one month and.ending on the same day of the <br /> following month . <br /> History.—s . 4 , ch. 89-297; S. 4, ch. 96-331 ; S. 4, ch. 2D01-169. - <br /> 218 .75 Mandatory interest:—No contract between a local governmental entity and a vendor <br /> or a provider of construction services shall . prohibit the collection of .late .payment interest charges <br /> allowable under this part: <br /> History.—s . 4 , ch. 89-297; s. 5, ch. 2001 -169. - <br /> 21B .76 improper payment request or In resolution of disputes. <br /> ( 1 ) In any case in which an improper payment request or invoice is submitted by. a vendor, <br /> the local governmental entity shall; within 10 days after the: improper payment request or invoice is <br /> received by it, notify the vendor that the payment. request or invoice . I improper and indicate what <br /> corrective action on the part of the vendor is needed to make the payment request or invoice <br /> proper. <br /> (2) . In the event a dispute occurs between . a vendor and a local governmental entity <br /> concerning payment of a payment request or an invoice, such disagreement shall be finally <br /> determined by the local governmental entity as provided in this section. Each local governmental <br /> entity shall establish a dispute resolution procedure to be followed by the local- governmental entity <br /> in cases of such disputes. Such procedure shall provide that proceedings to resolve the .dispute <br /> shall be commenced not later than 45 days after the date on which the payment request or proper <br /> invoice was received by the local governmental entity and shall be concluded by final decision of <br /> the local governmental entity not: later than 60 days after the date on which the payment request <br /> or proper invoice was received by the local governmental entity. Such procedures shall not be <br /> subject to chapter 120 , and such procedures shall not constitute an administrative proceeding <br /> which prohibits a court,from deciding de novo any action arising out of the dispute. If the dispute is <br /> resolved in favor of the local governmental entity, then interest charges .shall begin to accrue 15 <br /> days after the local governmental entity s .final decision. If the dispute is resolved in favor of the <br /> vendor, then interest shall begin to accrue as of the original date the payment became due. <br /> (3) In an action to recover amounts. due under se. 2 .18. 70-218. 80, the court shall award court <br /> costs and reasonable .attorney's fees, including fees incurred through any appeal, to the prevailing <br /> party, if the court finds that the nonprevailing party withheld any portion of the payment that is the <br /> subject of the action without any reasonable basis in law or fact to dispute the prevailing party's <br /> claim to those amounts. <br /> History.— , 4 , ch. 89-297; S. 6, ch. 2001 .169; s. 34, ch. 2002-1 . <br /> 218.77 Payment by federal funds.—A local governmental entity which intends to pay for a <br /> purchase with federal funds shall not make such purchase without reasonable assurance that <br /> federal funds to cover the cost thereof will be received. Where payment or the time of payment is <br /> contingent on receipt of federal funds or federal approval, any contract and any solicitation to bid <br /> shall clearly state such contingency. <br /> History.—s. 4, ch, 89-297. - <br /> Exhibit E, Page 4 <br />