Bill Text: FL H0693 | 2010 | Regular Session | Introduced

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Bill Title: Construction Bonds

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Governmental Affairs Policy (EDCA) [H0693 Detail]

Download: Florida-2010-H0693-Introduced.html

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HB 693

1	A bill to be entitled
2	An act relating to construction bonds; amending s. 255.05,
3	F.S.; requiring that a surety record in the public records
4	a payment bond for a public works construction project;
5	requiring that the bond number be stated on the first page
6	of a bond; prohibiting the issuing authority for a
7	building permit or a private provider providing inspection
8	services from inspecting the property being improved until
9	the occurrence of certain events; providing that a payment
10	and performance bond is not required for certain
11	contracts; authorizing certain entities to exempt certain
12	contracts from the requirement for a payment and
13	performance bond; requiring that the clerk of court serve
14	a notice of contest of lien; amending s. 713.015, F.S.;
15	requiring that a contractor provide an owner with a
16	general statement of an owner's rights and
17	responsibilities under Florida's Construction Lien Law;
18	requiring that a signed copy of the statement be filed
19	with the building permit application; specifying the form
20	and content of the statement; deleting the requirement
21	that notice be included in the direct contract between the
22	contractor and the owner; amending s. 713.06, F.S.;
23	revising the form of a notice for liens of persons not in
24	privity; amending s. 713.09, F.S.; including units in
25	provisions relating to a single claim of lien; deleting
26	certain requirements relating to direct contracts;
27	amending s. 713.13, F.S.; providing for the expiration of
28	a notice of commencement; revising the form of a notice of
29	commencement; requiring the posting of a payment bond on a
30	job site; amending s. 713.135, F.S.; revising the warning
31	to the owner printed on certain permit cards; deleting a
32	requirement relating to the filing of a notice of
33	commencement before certain inspections; revising the
34	warning to the owner provided on a building permit form;
35	deleting provisions requiring the authority issuing a
36	building permit to provide certain statements and
37	information; creating s. 713.137, F.S.; prohibiting the
38	authority issuing a building permit or a private provider
39	providing inspection services from inspecting an
40	improvement until certain documents have been filed and
41	the information in the notice of commencement meets
42	certain standards; providing exceptions; amending s.
43	713.16, F.S.; revising requirements for demands for a copy
44	of a construction contract and a statement of account;
45	authorizing a lienor who submits or mails a claim of lien
46	to the clerk for recording to make certain demands to an
47	owner for certain written statements; providing
48	requirements for such written demands; amending s. 713.18,
49	F.S.; providing additional methods by which certain items
50	may be served by mail; specifying information required on
51	certain written instruments under certain circumstances;
52	amending s. 713.22, F.S.; requiring that the clerk of
53	court serve a notice of contest of lien; amending s.
54	713.23, F.S.; requiring that the clerk of court serve a
55	notice of contest of nonpayment; conforming cross-
56	references; amending s. 713.24, F.S.; requiring that the
57	clerk of court serve a copy of the certificate showing the
58	transfer of a lien and a copy of the security if the lien
59	is transferred to a security; providing an effective date.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1. Subsection (1) and paragraph (a) of subsection
64	(2) of section 255.05, Florida Statutes, are amended to read:
65	255.05 Bond of contractor constructing public buildings;
66	form; action by materialmen.-
67	(1)(a) Any person entering into a formal contract with the
68	state or any county, municipality city, or political subdivision
69	thereof, or other public authority or private entity, for the
70	construction of a public building, for the prosecution and
71	completion of a public work, or for repairs upon a public
72	building or public work shall be required, before commencing the
73	work or before recommencing the work after a default or
74	abandonment, to execute and, deliver to the public owner, and
75	record in the public records of the county where the improvement
76	is located, a payment and performance bond with a surety insurer
77	authorized to do business in this state as surety.
78	(a) A public entity may not require a contractor to secure
79	a surety bond under this section from a specific agent or
80	bonding company.
81	(b) The bond must state on its front page: the name,
82	principal business address, and phone number of the contractor,
83	the surety, the owner of the property being improved, and, if
84	different from the owner, the contracting public entity; the
85	contract number assigned by the contracting public entity; the
86	bond number assigned by the surety; and a description of the
87	project sufficient to identify it, such as a legal description
88	or the street address of the property being improved, and a
89	general description of the improvement.
90	(c) Such bond shall be conditioned upon the contractor's
91	performance of the construction work in the time and manner
92	prescribed in the contract and promptly making payments to all
93	persons defined in s. 713.01 who furnish labor, services, or
94	materials for the prosecution of the work provided for in the
95	contract.
96	(d) The contractor shall, upon issuance, record the
97	payment bond in the public records of the county in which the
98	improvement will be located.
99	(e)1. The issuing authority for the building permit, or a
100	private provider providing inspection services, may not inspect
101	the property being improved until:
102	a. The issuing authority has a copy of the contractor's
103	recorded payment bond on file; or
104	b. The contracting public entity has filed with the
105	issuing authority a notarized statement stating that the
106	contract is exempt from the requirement for a payment bond as
107	provided in this section.
108	2. This paragraph does not apply to inspections for the
109	installation of temporary electrical service or other temporary
110	utility service, land clearing, or other preliminary site work.
111	(f) Any claimant may apply to the governmental entity
112	having charge of the work for copies of the contract and bond
113	and shall thereupon be furnished with a certified copy of the
114	contract and bond. The claimant has shall have a right of action
115	against the contractor and surety for the amount due him or her,
116	including unpaid finance charges due under the claimant's
117	contract. Such action shall not involve the public authority in
118	any expense.
119	(g)1. A payment and performance bond is not required for a
120	contract with the state for $100,000 or less. When such work is
121	done for the state and the contract is for $100,000 or less, no
122	payment and performance bond shall be required.
123	2. At the discretion of The official or board awarding a
124	such contract when such work is done for a any county,
125	municipality city, political subdivision, or public authority
126	may exempt a contract, any person entering into such a contract
127	which is for $200,000 or less from the requirement for a may be
128	exempted from executing the payment and performance bond.
129	3. When such work is done for the state, The Secretary of
130	Management Services may delegate to a state agency agencies the
131	authority to exempt any person entering into such a contract for
132	amounting to more than $100,000 but less than $200,000 from the
133	requirement for a executing the payment and performance bond. If
134	In the event such exemption is granted, the officer or officials
135	are shall not be personally liable to persons suffering loss
136	because of granting such exemption. The Department of Management
137	Services shall maintain information on the number of requests by
138	state agencies for delegation of authority to waive the bond
139	requirements by agency and project number and whether any
140	request for delegation was denied and the justification for the
141	denial.
142	(h) Any provision in a payment bond furnished for public
143	work contracts as provided by this subsection which restricts
144	the classes of persons as defined in s. 713.01 protected by the
145	bond or the venue of any proceeding relating to such bond is
146	unenforceable.
147	(i)(b) The Department of Management Services shall adopt
148	rules with respect to all contracts for $200,000 or less, to
149	provide:
150	1. Procedures for retaining up to 10 percent of each
151	request for payment submitted by a contractor and procedures for
152	determining disbursements from the amount retained on a pro rata
153	basis to laborers, materialmen, and subcontractors, as defined
154	in s. 713.01.
155	2. Procedures for requiring certification from laborers,
156	materialmen, and subcontractors, as defined in s. 713.01, prior
157	to final payment to the contractor that such laborers,
158	materialmen, and subcontractors have no claims against the
159	contractor resulting from the completion of the work provided
160	for in the contract.
161
162	The state is shall not be held liable to any laborer,
163	materialman, or subcontractor for any amounts greater than the
164	pro rata share as determined under this section.
165	(j)(c)1. The amount of the bond shall equal the contract
166	price, except that for a contract in excess of $250 million, if
167	the state, county, municipality, political subdivision, or other
168	public entity finds that a bond in the amount of the contract
169	price is not reasonably available, the public owner shall set
170	the amount of the bond at the largest amount reasonably
171	available, but not less than $250 million.
172	2. For construction-management or design-build contracts,
173	if the public owner does not include in the bond amount the cost
174	of design or other nonconstruction services, the bond may not be
175	conditioned on performance of such services or payment to
176	persons furnishing such services. Notwithstanding paragraph (h)
177	(a), such a bond may exclude persons furnishing such services
178	from the classes of persons protected by the bond.
179	(2)(a)1. If a claimant is no longer furnishing labor,
180	services, or materials on a project, a contractor or the
181	contractor's agent or attorney may elect to shorten the
182	prescribed time in this paragraph within which an action to
183	enforce any claim against a payment bond must provided pursuant
184	to this section may be commenced by recording in the clerk's
185	office a notice in substantially the following form:
186
187	NOTICE OF CONTEST OF CLAIM
188	AGAINST PAYMENT BOND
189
190	To: ...(Name and address of claimant)...
191
192	You are notified that the undersigned contests your notice
193	of nonpayment, dated _______________, __________, and served on
194	the undersigned on _______________, __________, and that the
195	time within which you may file suit to enforce your claim is
196	limited to 60 days after the date of service of this notice.
197	DATED on _______________, __________.
198
199	Signed:...(Contractor or Attorney)...
200
201	The claim of any claimant upon whom such notice is served and
202	who fails to institute a suit to enforce his or her claim
203	against the payment bond within 60 days after service of such
204	notice shall be extinguished automatically. The clerk shall
205	serve mail a copy of the notice of contest to the claimant at
206	the address shown in the notice of nonpayment or most recent
207	amendment thereto and shall certify to such service on the face
208	of such notice and record the notice. Service is complete upon
209	mailing.
210	2. A claimant, except a laborer, who is not in privity
211	with the contractor shall, before commencing or not later than
212	45 days after commencing to furnish labor, services, or
213	materials for the prosecution of the work, furnish the
214	contractor with a written notice that he or she intends to look
215	to the bond for protection. A claimant who is not in privity
216	with the contractor and who has not received payment for his or
217	her labor, services, or materials shall deliver to the
218	contractor and to the surety written notice of the performance
219	of the labor or delivery of the materials or supplies and of the
220	nonpayment. The notice of nonpayment may be served at any time
221	during the progress of the work or thereafter but not before 45
222	days after the first furnishing of labor, services, or
223	materials, and not later than 90 days after the final furnishing
224	of the labor, services, or materials by the claimant or, with
225	respect to rental equipment, not later than 90 days after the
226	date that the rental equipment was last on the job site
227	available for use. Any notice of nonpayment served by a claimant
228	who is not in privity with the contractor which includes sums
229	for retainage must specify the portion of the amount claimed for
230	retainage. An No action for the labor, materials, or supplies
231	may not be instituted against the contractor or the surety
232	unless both notices have been given. Notices required or
233	permitted under this section may be served in accordance with s.
234	713.18. A claimant may not waive in advance his or her right to
235	bring an action under the bond against the surety. In any action
236	brought to enforce a claim against a payment bond under this
237	section, the prevailing party is entitled to recover a
238	reasonable fee for the services of his or her attorney for trial
239	and appeal or for arbitration, in an amount to be determined by
240	the court, which fee must be taxed as part of the prevailing
241	party's costs, as allowed in equitable actions. The time periods
242	for service of a notice of nonpayment or for bringing an action
243	against a contractor or a surety shall be measured from the last
244	day of furnishing labor, services, or materials by the claimant
245	and shall not be measured by other standards, such as the
246	issuance of a certificate of occupancy or the issuance of a
247	certificate of substantial completion.
248	Section 2. Section 713.015, Florida Statutes, is amended
249	to read:
250	713.015 General statement of owner's rights and
251	responsibilities Mandatory provisions for direct contracts.-
252	(1) For any direct contract greater than $2,500 between an
253	owner and a contractor, related to improvements to real property
254	consisting of single or multiple family dwellings up to and
255	including four units, the contractor must provide the owner with
256	a copy of the signed and dated general statement of an owner's
257	rights and responsibilities under Florida's Construction Lien
258	Law as described in subsection (2), which must be contain the
259	following notice provision printed in no less than 12-point,
260	capitalized, boldfaced type on the front page of the contract or
261	on a separate page, signed by the owner and dated, and submitted
262	with the original building permit application pursuant to s.
263	713.135. If the contractor applies for the building permit, the
264	contractor must provide to the owner a signed and dated copy of
265	the general statement of an owner's rights and
266	responsibilities.:
267	(2) The general statement of an owner's rights and
268	responsibilities under Florida's Construction Lien Law must be
269	in substantially the following form, must include the
270	information contained in the following form, and must include a
271	copy of a notice of commencement as provided in s. 713.13(1), a
272	waiver and release of lien upon progress payment as provided in
273	s. 713.20(4), a waiver and release of lien upon final payment as
274	provided in s. 713.20(5), a request for sworn statement of
275	account as provided in s. 713.16, and a contractor's final
276	payment affidavit as provided in s. 713.06(3):
277
278	GENERAL STATEMENT OF
279	OWNER'S RIGHTS AND RESPONSIBILITIES
280	UNDER FLORIDA'S CONSTRUCTION LIEN LAW
281
282	ABOUT THIS DOCUMENT.-Florida law requires your contractor
283	to provide you with this document and the attached statutory
284	forms when you are contracting to make improvements to real
285	property. Therefore, it is critical that you have some
286	understanding of Florida's construction lien and payment laws
287	and take appropriate steps to protect your investment and
288	fulfill your obligations to those who provide labor and
289	materials for your project.
290
291	You must acknowledge that you have received and read this
292	document by signing on the signature page. The signed original
293	document must be delivered to the building permit authority,
294	along with the building permit application for your project.
295	Your building permit application will not be processed unless
296	this signed document is in the file. You need to retain a copy
297	of the filed document and the attached statutory forms so that
298	you can follow the procedures described in the document and
299	identify the proper statutory forms as you proceed with your
300	construction project. If your contractor applies for the
301	building permit, he or she must provide you with a copy of the
302	signed and dated general statement of an owner's rights and
303	responsibilities.
304
305	THE FLORIDA CONSTRUCTION LIEN LAW.-Part I of chapter 713,
306	Florida Statutes (F.S.), governs private construction projects
307	in this state. The complete text of this law can be found at
308	www.leg.state.fl.us. This general statement is intended as a
309	guide and does not take precedence over the language of
310	Florida's Construction Lien Law.
311
312	Under this law, those who work on your property or provide
313	materials and services and who are not paid in full have a right
314	to enforce their claim for payment against your property. This
315	claim is known as a construction lien. If your contractor or a
316	subcontractor fails to pay subcontractors, sub-subcontractors,
317	or material suppliers, those people who are owed money may look
318	to your property for payment even if you have already paid your
319	contractor in full. If you fail to pay your contractor, your
320	contractor may also have a lien on your property. This means
321	that if a lien is filed, your property could be sold against
322	your will to pay for labor, materials, or other services that
323	your contractor or a subcontractor may have failed to pay.
324
325	The law also provides procedures to protect owners and
326	guarantee that you will never have to pay more than the amount
327	of your contract if you make proper payments. Although the
328	construction lien law has many complexities, the steps owners
329	can take to protect themselves and establish a "proper payment
330	defense" are simple, but very important.
331
332	STEP 1 - THE NOTICE OF COMMENCEMENT.-An owner is required
333	by law to complete, sign, and record in the public records an
334	accurate Notice of Commencement for all direct contracts that
335	exceed $2,500, which notice provides certain specified
336	information. The information provided in the recorded Notice of
337	Commencement is relied upon by all parties who provide labor and
338	materials to your project. A copy of the statutory Notice of
339	Commencement form, s. 713.13, F.S., is attached to this
340	document.
341
342	If a lender is financing your project, the lender will
343	assist you in completing the Notice of Commencement and is
344	responsible for recording it in the public records. It is
345	critical that your Notice of Commencement be recorded after any
346	construction loan or mortgage documents are recorded. If you do
347	not have a lender, preparing and recording the Notice of
348	Commencement is your responsibility. The Notice of Commencement
349	must be recorded before commencing construction and posted on
350	your jobsite. For most projects, a copy of the recorded Notice
351	of Commencement must be submitted to the building permit
352	authority before the first building inspection.
353
354	STEP 2 - MONITOR THE DOCUMENTS AND NOTICES YOU RECEIVE.-
355	Pick up your certified mail. Most lien notices are served by
356	certified mail and you need to know who is providing labor and
357	materials to your project. Section 713.18, F.S., provides that
358	any properly addressed notices that are returned to the sender
359	through no fault of the sender are considered served on the date
360	sent, so failing to claim certified mail only hurts you.
361
362	If you expect to be absent for periods of time during your
363	project, you should have an attorney or other agent in a
364	position of trust who understands the law handle these details
365	for you. Make sure someone is receiving your mail and taking
366	steps to obtain the necessary lien releases before making
367	payments to your contractor. If you receive anything that you do
368	not understand, seek the assistance of an experienced
369	construction law attorney.
370
371	STEP 3 - OBTAIN SIGNED LIEN WAIVERS EACH TIME YOU MAKE A
372	PAYMENT TO YOUR CONTRACTOR.-Each time you pay your contractor
373	you should obtain a Waiver and Release of Lien form from the
374	contractor and from anyone who serves you with a Notice to
375	Owner. Make sure that each release waives lien rights against
376	your project for work or materials furnished through the date of
377	the work or materials that your payment covers. This date is
378	probably not the date you are making the payment, but a date
379	before the payment date through which labor and materials have
380	been billed.
381
382	UNDER FLORIDA LAW, YOU HAVE THE RIGHT TO WITHHOLD PAYMENTS
383	DUE TO THE CONTRACTOR UNTIL YOU HAVE BEEN PROVIDED WITH A
384	WRITTEN WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT FORM OR
385	A WRITTEN WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT FORM
386	SHOWING THAT THE LIENOR'S CLAIM FOR PAYMENT HAS BEEN PAID.
387
388	There are two statutory Waiver and Release of Lien forms.
389	The signed Waiver and Release of Lien Upon Progress Payment
390	should be submitted by a contractor, subcontractor, or material
391	supplier each time you make a payment to your contractor. The
392	signed Waiver and Release of Lien Upon Final Payment should be
393	submitted by your contractor, a subcontractor, or material
394	supplier when they are finished furnishing all work or materials
395	for your project and have received final payment. For example,
396	when the plumber finishes all plumbing on your project and
397	receives final payment from the contractor, you should obtain a
398	Waiver and Release of Lien Upon Final Payment. Once you receive
399	a final waiver from a contractor, subcontractor, or material
400	supplier, you should not need another waiver unless they are
401	hired to do additional work. A copy of both statutory Waiver and
402	Release of Lien forms, s. 713.20, F.S., is attached to this
403	document.
404
405	STEP 4 - OBTAIN A CONTRACTOR'S FINAL PAYMENT AFFIDAVIT
406	BEFORE YOU MAKE FINAL PAYMENT TO YOUR CONTRACTOR.-In addition to
407	obtaining Final Waiver and Release of Lien forms from the
408	contractor and anyone who has served you with a Notice to Owner,
409	you should obtain a Contractor's Final Payment Affidavit before
410	you make final payment to your contractor. This sworn affidavit
411	should reflect that everyone who supplied labor and materials on
412	your project has been paid in full or should list those
413	subcontractors and suppliers who are still owed money. Make sure
414	that anyone listed as not being paid in full is paid before
415	making final payment to your contractor. You have a right to
416	rely on the information contained in the sworn affidavit when
417	you make final payment to your contractor with respect to any
418	lienor who has not served a Notice to Owner. A copy of the
419	statutory Contractor's Final Payment Affidavit form, s. 713.06,
420	F.S., is attached to this document.
421
422	IF YOU FOLLOW THESE FOUR SIMPLE STEPS, FLORIDA LAW WILL
423	PROTECT YOU AND YOU SHOULD NEVER HAVE TO PAY TWICE FOR THE SAME
424	LABOR OR MATERIALS.
425
426	ADDITIONAL INFORMATION FOR YOUR PROTECTION
427
428	1. Always hire a Florida-licensed contractor. You can
429	verify the license status of your contractor by accessing the
430	website of the Department of Business and Professional
431	Regulation at www.myflorida.com/dbpr and performing a licensee
432	search. You can check under an individual name or, if your
433	contractor is a company, under the business name and then check
434	to see who the qualifying licensee is for that company.
435
436	2. Make sure that your contractor has the proper workers'
437	compensation coverage, or an allowed workers' compensation
438	exemption, and carries sufficient builder's risk or commercial
439	liability insurance. The contractor should be able to provide
440	you with current, valid certificates of insurance from his or
441	her insurance agent.
442
443	3. Use caution before accepting an obviously low bid. If
444	it seems too good to be true, it probably is, and your
445	construction project may be in trouble before you even begin.
446
447	4. Some contractors require a reasonable deposit to cover
448	the cost of plans and permitting. This is an acceptable
449	practice. However, you should use caution before paying
450	substantial sums to a contractor in advance of the work being
451	performed.
452
453	5. At any time during the construction process if you need
454	contract or payment information from anyone providing labor,
455	services, or materials to your project, you have the right to
456	make a written request to them for a Sworn Statement of Account
457	to ascertain the nature of the work performed or to be
458	performed, the materials furnished or to be furnished, the
459	amounts paid or to be paid, or the amounts due or to become due
460	to them. The form for this written Request for Sworn Statement
461	of Account is attached to this statement. If you received a
462	Notice to Owner from the person to whom you wish to send such a
463	request, make sure you address the request to the person,
464	company, and address listed in the Notice to Owner. The request
465	must be served by you in accordance with lien law provisions
466	(usually by hand delivery, certified mail, or overnight
467	delivery) and you should make sure to request and keep the proof
468	of delivery.
469
470	6. If you receive documents or information that you do not
471	understand, consult an experienced construction law attorney.
472
473	7. Florida has a Homeowners' Construction Recovery Fund
474	that is funded through a portion of the building permit fees.
475	This fund helps consumers who have been harmed by a licensed
476	contractor. In order to be eligible to recover from this fund,
477	you must have complied with the proper payment procedures as
478	described in this document. For more information, contact the
479	Construction Industry Licensing Board at
480	www.myflorida.com/dbpr/pro/cilb.
481
482	8. You have the right to require that a contractor furnish
483	a payment bond so that the owner is exempt from the Construction
484	Lien Law. If there is a payment bond, a lienor must file a claim
485	on the payment bond for payment rather than file a lien on the
486	property. However, if you require a payment bond, understand
487	that the payment bond will likely increase the cost of your
488	construction.
489
490	OWNER'S ACKNOWLEDGMENT AND RECEIPT
491
492	The undersigned owner(s) of Florida real property hereby
493	acknowledge that they are preparing to enter into a contract
494	with _____________________________________________for the
495	construction of real property improvements to the following-
496	described property ...(insert address or legal description)...:
497
498	_________________________________________
499
500	_________________________________________
501
502	...(Signature of Property Owner)......(Date)...
503
504	...(Signature of Property Owner)......(Date)...
505
506	Attached Statutory Forms:
507	Notice of Commencement
508	Waiver and Release of Lien Upon Progress Payment
509	Waiver and Release of Lien Upon Final Payment
510	Request for Sworn Statement of Account
511	Contractor's Final Payment Affidavit
512
513	ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-
514	713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR
515	PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
516	RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.
517	THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR
518	OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-
519	SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED
520	MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE
521	ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR
522	CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
523	PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE
524	SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
525	SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED
526	TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS
527	CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
528	REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY
529	PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER."
530	FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
531	RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
532	(2)(a) If the contract is written, the notice must be in
533	the contract document. If the contract is oral or implied, the
534	notice must be provided in a document referencing the contract.
535	(3)(b) The failure to provide such written notice does not
536	bar the enforcement of a lien against a person who has not been
537	adversely affected.
538	(4)(c) This section may not be construed to adversely
539	affect the lien and bond rights of lienors who are not in
540	privity with the owner. This section does not apply when the
541	owner is a contractor licensed under chapter 489 or is a person
542	who created parcels or offers parcels for sale or lease in the
543	ordinary course of business.
544	Section 3. Paragraph (c) of subsection (2) of section
545	713.06, Florida Statutes, is amended to read:
546	713.06 Liens of persons not in privity; proper payments.-
547	(2)
548	(c) The notice may be in substantially the following form
549	and must include the information and the warning contained in
550	the following form:
551
552	WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME
553	UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL
554	SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF
555	YOU HAVE MADE PAYMENT IN FULL.
556
557	UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID
558	MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING
559	TWICE.
560
561	TO PROTECT YOURSELF, EACH TIME YOU MAKE A PAYMENT TO THE
562	CONTRACTOR, ASK YOUR CONTRACTOR TO PROVIDE YOU WITH A WRITTEN
563	WAIVER AND RELEASE OF LIEN FROM US. FOR ADDITIONAL INFORMATION,
564	REFER TO THE GENERAL STATEMENT OF OWNER'S RIGHTS AND
565	RESPONSIBILITIES WHICH WAS PROVIDED TO YOU BY YOUR CONTRACTOR AT
566	THE BEGINNING OF YOUR CONSTRUCTION PROJECT. AVOID A LIEN AND
567	PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY
568	TIME YOU PAY YOUR CONTRACTOR.
569
570	NOTICE TO OWNER
571
572	To ...(Owner's name and address)...
573
574	The undersigned hereby informs you that he or she has furnished
575	or is furnishing services or materials as follows:
576
577	...(General description of services or materials)... for the
578	improvement of the real property identified as ...(property
579	description)... under an order given by_______________.
580
581	Florida law prescribes the serving of this notice and restricts
582	your right to make payments under your contract in accordance
583	with Section 713.06, Florida Statutes.
584
585	IMPORTANT INFORMATION FOR
586	YOUR PROTECTION
587
588	Under Florida's laws, those who work on your property or
589	provide materials and are not paid have a right to enforce their
590	claim for payment against your property. This claim is known as
591	a construction lien.
592	If your contractor fails to pay subcontractors or material
593	suppliers or neglects to make other legally required payments,
594	the people who are owed money may look to your property for
595	payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.
596
597	PROTECT YOURSELF:
598	-RECOGNIZE that this Notice to Owner may result in a lien
599	against your property unless all those supplying a Notice to
600	Owner have been paid.
601	-LEARN more about the Construction Lien Law, Chapter 713,
602	Part I, Florida Statutes, and the meaning of this notice by
603	contacting an attorney or the Florida Department of Business and
604	Professional Regulation.
605	...(Lienor's Signature)...
606	...(Lienor's Name)...
607	...(Lienor's Address)...
608
609	Copies to: ...(Those persons listed in Section 713.06(2)(a) and
610	(b), Florida Statutes)...
611
612	The form may be combined with a notice to contractor given under
613	s. 255.05 or s. 713.23 and, if so, may be entitled "NOTICE TO
614	OWNER/NOTICE TO CONTRACTOR."
615	Section 4. Section 713.09, Florida Statutes, is amended to
616	read:
617	713.09 Single claim of lien.-A lienor may is required to
618	record only one claim of lien covering his or her entire demand
619	against the real property when the amount demanded is for labor
620	or services or material furnished for more than one improvement
621	under the same direct contract. The single claim of lien is
622	sufficient even though the improvement is for one or more
623	improvements located on separate lots, parcels, units, or tracts
624	of land. If materials to be used on one or more improvements on
625	separate lots, parcels, units, or tracts of land under one
626	direct contract are delivered by a lienor to a place designated
627	by the person with whom the materialman contracted, other than
628	the site of the improvement, the delivery to the place
629	designated is prima facie evidence of delivery to the site of
630	the improvement and incorporation in the improvement. The single
631	claim of lien may be limited to a part of multiple lots,
632	parcels, or tracts of land and their improvements or may cover
633	all of the lots, parcels, units, or tracts of land and
634	improvements. In each claim of lien under this section, the
635	owner under the direct contract must be the same person for all
636	lots, parcels, or tracts of land against which a single claim of
637	lien is recorded.
638	Section 5. Section 713.13, Florida Statutes, is amended to
639	read:
640	713.13 Notice of commencement.-
641	(1)(a) Except for an improvement that is exempt pursuant
642	to s. 713.02(5), an owner or the owner's authorized agent before
643	actually commencing to improve any real property, or
644	recommencing completion of any improvement after default or
645	abandonment, whether or not a project has a payment bond
646	complying with s. 713.23, shall record a notice of commencement
647	in the clerk's office and forthwith post either a certified copy
648	thereof or a notarized statement that the notice of commencement
649	has been filed for recording along with a copy thereof. The
650	notice of commencement shall contain the following information:
651	1. A description sufficient for identification of the real
652	property to be improved. The description should include the
653	legal description of the property and also should include the
654	street address and tax folio number of the property if available
655	or, if there is no street address available, such additional
656	information as will describe the physical location of the real
657	property to be improved.
658	2. A general description of the improvement.
659	3. The name and address of the owner, the owner's interest
660	in the site of the improvement, and the name and address of the
661	fee simple titleholder, if other than such owner.
662	4. The name and address of the contractor.
663	5. The name and address of the surety on the payment bond
664	under s. 713.23, if any, and the amount of such bond.
665	6. The name and address of any person making a loan for
666	the construction of the improvements.
667	7. The name and address within the state of a person other
668	than himself or herself who may be designated by the owner as
669	the person upon whom notices or other documents may be served
670	under this part; and service upon the person so designated
671	constitutes service upon the owner.
672	(b) The owner, at his or her option, may designate a
673	person in addition to himself or herself to receive a copy of
674	the lienor's notice as provided in s. 713.06(2)(b), and if he or
675	she does so, the name and address of such person must be
676	included in the notice of commencement.
677	(c) A notice of commencement expires:
678	1. Ninety days after the day of the final furnishing of
679	all labor, services, and materials required by the direct
680	contract, including any change orders; or
681	2. On the effective date of a notice of termination that
682	has been served and recorded. If the contract between the owner
683	and a contractor named in the notice of commencement expresses a
684	period of time for completion for the construction of the
685	improvement greater than 1 year, the notice of commencement must
686	state that it is effective for a period of 1 year plus any
687	additional period of time. Any payments made by the owner after
688	the expiration of the notice of commencement are considered
689	improper payments.
690	(d) A notice of commencement must be in substantially the
691	following form:
692
693	Permit No._____ Tax Folio No._____
694	NOTICE OF COMMENCEMENT
695	State of_____
696	County of_____
697
698	The undersigned hereby gives notice that improvement will be
699	made to certain real property, and in accordance with Chapter
700	713, Florida Statutes, the following information is provided in
701	this Notice of Commencement.
702	1. Description of property: ...(legal description of the
703	property, and street address if available)....
704	2. General description of improvement:_____.
705	3. Owner information:_____.
706	a. Name and address:_____.
707	b. Interest in property:_____.
708	c. Name and address of fee simple titleholder (if other
709	than Owner):_____.
710	4.a. Contractor: ...(name and address)....
711	b. Contractor's phone number:_____.
712	5. Surety ...(a copy of the payment bond is attached, if
713	the project is bonded)....
714	a. Name and address:_____.
715	b. Phone number:_____.
716	c. Amount of bond: $_____.
717	6.a. Lender: ...(name and address)....
718	b. Lender's phone number:_____.
719	7.a. Persons within the State of Florida designated by
720	Owner upon whom notices or other documents may be served as
721	provided by Section 713.13(1)(a)7., Florida Statutes: ...(name
722	and address)....
723	b. Phone numbers of designated persons:_____.
724	8.a. In addition to himself or herself, Owner designates
725	_______________ of _______________ to receive a copy of the
726	Lienor's Notice as provided in Section 713.13(1)(b), Florida
727	Statutes.
728	b. Phone number of person or entity designated by
729	owner:_____.
730	9. This notice of commencement expires 90 days after the
731	day of the final furnishing of all labor, services, and
732	materials required by the direct contract, including any change
733	orders, or on the effective date of a notice of termination.
734	Expiration date of notice of commencement (the expiration date
735	is 1 year from the date of recording unless a different date is
736	specified)_____.
737
738	WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
739	EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
740	PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
741	STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
742	TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
743	POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
744	INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
745	ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
746	COMMENCEMENT.
747
748	Under penalty of perjury, I declare that I have read the
749	foregoing notice of commencement and that the facts stated
750	therein are true to the best of my knowledge and belief.
751
752	...(Signature of Owner or Owner's Authorized
753	Officer/Director/Partner/Manager)...
754
755	...(Signatory's Title/Office)...
756
757	The foregoing instrument was acknowledged before me this _____
758	day of _____, ...(year)..., by ...(name of person)... as
759	...(type of authority, . . . e.g. officer, trustee, attorney in
760	fact)... for ...(name of party on behalf of whom instrument was
761	executed)....
762
763	...(Signature of Notary Public - State of Florida)...
764
765	...(Print, Type, or Stamp Commissioned Name of Notary Public)...
766
767	Personally Known _____ OR Produced Identification _____
768
769	Type of Identification Produced_______________
770
771	Verification pursuant to Section 92.525, Florida Statutes.
772
773	Under penalties of perjury, I declare that I have read the
774	foregoing and that the facts stated in it are true to the best
775	of my knowledge and belief.
776
777	...(Signature of Natural Person Signing Above)...
778	(e) A copy of any payment bond must be attached at the
779	time of recordation of the notice of commencement. The failure
780	to attach a copy of the bond to the notice of commencement when
781	the notice is recorded negates the exemption provided in s.
782	713.02(6). However, if a payment bond under s. 713.23 exists but
783	was not attached at the time of recordation of the notice of
784	commencement, the bond may be used to transfer any recorded lien
785	of a lienor except that of the contractor by the recordation and
786	service of a notice of bond pursuant to s. 713.23(2). The notice
787	requirements of s. 713.23 apply to any claim against the bond;
788	however, the time limits for serving any required notices shall
789	begin running from the later of the time specified in s. 713.23
790	or the date the notice of bond is served on the lienor.
791	(f) The giving of a notice of commencement is effective
792	upon the filing of the notice in the clerk's office.
793	(g) The owner must sign the notice of commencement and no
794	one else may be permitted to sign in his or her stead.
795	(2) If the improvement described in the notice of
796	commencement is not actually commenced within 90 days after the
797	recording thereof, such notice is void and of no further effect.
798	(2)(3) The recording of a notice of commencement does not
799	constitute a lien, cloud, or encumbrance on real property, but
800	gives constructive notice that claims of lien under this part
801	may be recorded and may take priority as provided in s. 713.07.
802	The posting of a copy does not constitute a lien, cloud, or
803	encumbrance on real property, nor actual or constructive notice
804	of any of them.
805	(3)(4) This section does not apply to an owner who is
806	constructing improvements described in s. 713.04.
807	(4)(5)(a) A notice of commencement that is recorded within
808	the effective period may be amended to extend the effective
809	period, change erroneous information in the original notice, or
810	add information that was omitted from the original notice.
811	However, in order to change contractors, a new notice of
812	commencement or notice of recommencement must be executed and
813	recorded.
814	(b) The amended notice must identify the official records
815	book and page where the original notice of commencement is
816	recorded, and a copy of the amended notice must be served by the
817	owner upon the contractor and each lienor who serves notice
818	before or within 30 days after the date the amended notice is
819	recorded.
820	(5)(6) Unless otherwise provided in the notice of
821	commencement or a new or amended notice of commencement, A
822	notice of commencement is not effectual in law or equity against
823	a conveyance, transfer, or mortgage of or lien on the real
824	property described in the notice, or against creditors or
825	subsequent purchasers for a valuable consideration, after the
826	expiration of 1 year after the date of recording the notice of
827	commencement.
828	(6)(7) A lender must, prior to the disbursement of any
829	construction funds to the contractor, record the notice of
830	commencement in the clerk's office as required by this section;
831	however, the lender is not required to post a certified copy of
832	the notice at the construction site. The posting of the notice
833	at the construction site remains the owner's obligation. The
834	failure of a lender to record the notice of commencement as
835	required by this subsection renders the lender liable to the
836	owner for all damages sustained by the owner as a result of the
837	failure. Whenever a lender is required to record a notice of
838	commencement, the lender shall designate the lender, in addition
839	to others, to receive copies of notices to owner. This
840	subsection does not give any person other than the owner a claim
841	or right of action against a lender for failure to record a
842	notice of commencement.
843	Section 6. Section 713.135, Florida Statutes, is amended
844	to read:
845	713.135 Notice of commencement and applicability of lien.-
846	(1) When any person applies for a building permit, the
847	authority issuing such permit shall:
848	(a) Require the applicant to submit the signed and dated
849	general statement of an owner's rights and responsibilities
850	under Florida's Construction Lien Law as provided in s. 713.015
851	for any single-family or multifamily dwelling up to and
852	including four units. A building permit application may not be
853	processed unless the signed document is in the file.
854	(b)(a) Print on the face of each permit card in no less
855	than 14-point, capitalized, boldfaced type: "WARNING TO OWNER:
856	IF YOU FAIL YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT, YOU
857	MAY PAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR
858	PROPERTY. A NOTICE OF COMMENCEMENT, AND THE CONTRACTOR'S PAYMENT
859	BOND IF THE PROJECT IS BONDED, MUST BE RECORDED AND POSTED ON
860	THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO
861	OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
862	RECORDING YOUR NOTICE OF COMMENCEMENT."
863	(c)(b) Make available to Provide the applicant and the
864	owner of the real property upon which improvements are to be
865	constructed copies of the general statement of an owner's rights
866	and responsibilities under Florida's with a printed statement
867	stating that the right, title, and interest of the person who
868	has contracted for the improvement may be subject to attachment
869	under the Construction Lien Law as described in s. 713.015 with
870	the attached statutory forms. The issuing authority may make the
871	general statement and forms available in printed form, on the
872	Internet, or both. The Department of Business and Professional
873	Regulation shall furnish, for distribution, the statement
874	described in this paragraph, and the statement must be a summary
875	of the Construction Lien Law and must include an explanation of
876	the provisions of the Construction Lien Law relating to the
877	recording, and the posting of copies, of notices of commencement
878	and a statement encouraging the owner to record a notice of
879	commencement and post a copy of the notice of commencement in
880	accordance with s. 713.13. The statement must also contain an
881	explanation of the owner's rights if a lienor fails to furnish
882	the owner with a notice as provided in s. 713.06(2) and an
883	explanation of the owner's rights as provided in s. 713.22. The
884	authority that issues the building permit must obtain from the
885	Department of Business and Professional Regulation the statement
886	required by this paragraph and must mail, deliver by electronic
887	mail or other electronic format or facsimile, or personally
888	deliver that statement to the owner or, in a case in which the
889	owner is required to personally appear to obtain the permit,
890	provide that statement to any owner making improvements to real
891	property consisting of a single or multiple family dwelling up
892	to and including four units. However, the failure by the
893	authorities to provide the summary does not subject the issuing
894	authority to liability.
895	(c) In addition to providing the owner with the statement
896	as required by paragraph (b), inform each applicant who is not
897	the person whose right, title, and interest is subject to
898	attachment that, as a condition to the issuance of a building
899	permit, the applicant must promise in good faith that the
900	statement will be delivered to the person whose property is
901	subject to attachment.
902	(d) Furnish to the applicant two or more copies of a form
903	of notice of commencement conforming with s. 713.13. If the
904	direct contract is greater than $2,500, the applicant shall file
905	with the issuing authority prior to the first inspection either
906	a certified copy of the recorded notice of commencement or a
907	notarized statement that the notice of commencement has been
908	filed for recording, along with a copy thereof. In the absence
909	of the filing of a certified copy of the recorded notice of
910	commencement, the issuing authority or a private provider
911	performing inspection services may not perform or approve
912	subsequent inspections until the applicant files by mail,
913	facsimile, hand delivery, or any other means such certified copy
914	with the issuing authority. The certified copy of the notice of
915	commencement must contain the name and address of the owner, the
916	name and address of the contractor, and the location or address
917	of the property being improved. The issuing authority shall
918	(d) Verify that the name and address of the owner, the
919	name of the contractor, and the location or address of the
920	property being improved which is contained in the certified copy
921	of the notice of commencement is consistent with the information
922	in the building permit application.
923	(e) Provide the recording information from the official
924	public records in which the notice of commencement and payment
925	bond, if any, are recorded to any person upon request. The
926	issuing authority shall provide the recording information on the
927	certified copy of the recorded notice of commencement to any
928	person upon request. This subsection does not require the
929	recording of a notice of commencement prior to the issuance of a
930	building permit. If a local government requires a separate
931	permit or inspection for installation of temporary electrical
932	service or other temporary utility service, land clearing, or
933	other preliminary site work, such permits may be issued and such
934	inspections may be conducted without providing the issuing
935	authority with a certified copy of a recorded notice of
936	commencement or a notarized statement regarding a recorded
937	notice of commencement. This subsection does not apply to a
938	direct contract to repair or replace an existing heating or air-
939	conditioning system in an amount less than $7,500.
940	(f)(e) Not require that a notice of commencement be
941	recorded as a condition of the application for, or processing or
942	issuance of, a building permit. However, this paragraph does not
943	modify or waive the inspection requirements set forth in this
944	subsection.
945	(2) An issuing authority under subsection (1) is not
946	liable in any civil action for the failure of the person whose
947	property is subject to attachment to receive or to be delivered
948	the general statement of an owner's rights and responsibilities
949	under Florida's a printed statement stating that the right,
950	title, and interest of the person who has contracted for the
951	improvement may be subject to attachment under the Construction
952	Lien Law as provided in s. 713.015.
953	(3) An issuing authority under subsection (1) is not
954	liable in any civil action for the failure to verify that a
955	certified copy of the recorded notice of commencement has been
956	filed in accordance with this section.
957	(4) The several boards of county commissioners, municipal
958	councils, or other similar bodies may by ordinance or resolution
959	establish reasonable fees for furnishing, upon request, copies
960	of the forms and the printed statement provided in paragraph
961	(1)(a) paragraphs (1)(b) and (d) in an amount not to exceed $5
962	to be paid by the applicant for each permit in addition to all
963	other costs of the permit; however, no forms or statement need
964	be furnished, mailed, or otherwise provided to, nor may such
965	additional fee be obtained from, applicants for permits in those
966	cases in which the owner of a legal or equitable interest
967	(including that of ownership of stock of a corporate landowner)
968	of the real property to be improved is engaged in the business
969	of construction of buildings for sale to others and intends to
970	make the improvements authorized by the permit on the property
971	and upon completion will offer the improved real property for
972	sale.
973	(5) In addition to any other information required by the
974	authority issuing the permit, each building permit application
975	must contain:
976	(a) The name and address of the owner of the real
977	property;
978	(b) The name and address of the contractor;
979	(c) A description sufficient to identify the real property
980	to be improved; and
981	(d) The number or identifying symbol assigned to the
982	building permit by the issuing authority, which number or symbol
983	must be affixed to the application by the issuing authority.
984	(6)(a) In addition to any other information required by
985	the authority issuing the permit, the building permit
986	application must be in substantially the following form:
987
988	Tax Folio No.__________
989	BUILDING PERMIT APPLICATION
990
991	Owner's Name___________________________
992	Owner's Address___________________________
993	Fee Simple Titleholder's Name (If other than
994	owner)___________________________
995	Fee Simple Titleholder's Address (If other than
996	owner)___________________________
997	City___________________________
998	State_______________ Zip_______________
999	Contractor's Name___________________________
1000	Contractor's Address___________________________
1001	City___________________________
1002	State_______________ Zip_______________
1003	Job Name___________________________
1004	Job Address___________________________
1005	City____________________ County_______________
1006	Legal Description___________________________
1007	Bonding Company___________________________
1008	Bonding Company Address___________________________
1009	City____________________ State_______________
1010	Architect/Engineer's Name___________________________
1011	Architect/Engineer's Address___________________________
1012	Mortgage Lender's Name___________________________
1013	Mortgage Lender's Address___________________________
1014
1015	Application is hereby made to obtain a permit to do the
1016	work and installations as indicated. I certify that no work or
1017	installation has commenced prior to the issuance of a permit and
1018	that all work will be performed to meet the standards of all
1019	laws regulating construction in this jurisdiction. I understand
1020	that a separate permit must be secured for ELECTRICAL WORK,
1021	PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
1022	TANKS, and AIR CONDITIONERS, etc.
1023
1024	OWNER'S AFFIDAVIT: I certify that all the foregoing
1025	information is accurate and that all work will be done in
1026	compliance with all applicable laws regulating construction and
1027	zoning.
1028
1029	WARNING TO OWNER: IF YOU FAIL YOUR FAILURE TO RECORD A
1030	NOTICE OF COMMENCEMENT, YOU MAY PAY RESULT IN YOUR PAYING TWICE
1031	FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT, AND
1032	THE CONTRACTOR'S PAYMENT BOND IF THE PROJECT IS BONDED, MUST BE
1033	RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.
1034
1035	IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER
1036	OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE
1037	OF COMMENCEMENT.
1038
1039	...(Signature of Owner or Agent)...
1040	...(including contractor)...
1041	STATE OF FLORIDA
1042	COUNTY OF _____
1043
1044	Sworn to (or affirmed) and subscribed before me this _____
1045	day of _____, ...(year)..., by ...(name of person making
1046	statement)....
1047
1048	...(Signature of Notary Public - State of Florida)...
1049
1050	...(Print, Type, or Stamp Commissioned Name of Notary Public)...
1051
1052	Personally Known _____ OR Produced Identification _____
1053
1054	Type of Identification Produced_______________
1055
1056	...(Signature of Contractor)...
1057
1058	STATE OF FLORIDA
1059	COUNTY OF _____
1060
1061	Sworn to (or affirmed) and subscribed before me this _____
1062	day of _____, ...(year)..., by ...(name of person making
1063	statement)....
1064
1065	...(Signature of Notary Public - State of Florida)...
1066
1067	...(Print, Type, or Stamp Commissioned Name of Notary Public)...
1068
1069	Personally Known _____ OR Produced Identification _____
1070
1071	Type of Identification Produced_______________
1072
1073	(Certificate of Competency Holder)
1074
1075	Contractor's State Certification or Registration No._____
1076
1077	Contractor's Certificate of Competency No.__________
1078
1079	APPLICATION APPROVED BY
1080	____________________Permit Officer
1081	(b) Consistent with the requirements of paragraph (a), an
1082	authority responsible for issuing building permits under this
1083	section may accept a building permit application in an
1084	electronic format, as prescribed by the authority. Building
1085	permit applications submitted to the authority electronically
1086	must contain the following additional statement in lieu of the
1087	requirement in paragraph (a) that a signed, sworn, and notarized
1088	signature of the owner or agent and the contractor be part of
1089	the owner's affidavit:
1090
1091	OWNER'S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
1092	perjury, I declare that all the information contained in this
1093	building permit application is true and correct.
1094	(c) An authority responsible for issuing building permit
1095	applications which accepts building permit applications in an
1096	electronic format shall provide public Internet access to the
1097	electronic building permit applications in a searchable format.
1098	(7) This section applies to every municipality and county
1099	in the state which now has or hereafter may have a system of
1100	issuing building permits for the construction of improvements or
1101	for the alteration or repair of improvements on or to real
1102	property located within the geographic limits of the issuing
1103	authority.
1104	Section 7. Section 713.137, Florida Statutes, is created
1105	to read:
1106	713.137 Prerequisites to inspection of improvements;
1107	exceptions.-
1108	(1) The authority issuing a building permit or a private
1109	provider providing inspection services may not inspect the real
1110	property being improved unless:
1111	(a) The following documents have been filed with the
1112	issuing authority:
1113	1.a. A certified copy of the recorded notice of
1114	commencement; or
1115	b. A notarized statement that the notice of commencement
1116	has been filed for recording, along with a copy of the notice.
1117	2.a. A copy of the contractor's recorded payment bond; or
1118	b. A notarized statement of the contractor or owner
1119	stating that a payment bond was not required.
1120	3. A signed copy of the general statement of owner's
1121	rights and responsibilities under Florida's Construction Lien
1122	Law, if required by s. 713.015.
1123	(b) The information in the notice of commencement filed
1124	with the issuing authority is consistent with the building
1125	permit application, complete, and legible.
1126	(2) This section does not apply to inspections of the
1127	following improvements:
1128	(a) The installation of temporary electrical service or
1129	other temporary utility service, land clearing, or other
1130	preliminary site work.
1131	(b) Improvements pursuant to a direct contract in an
1132	amount of $5,000 or less.
1133	(c) The repair or replacement of a heating or air-
1134	conditioning system pursuant to a direct contract in an amount
1135	of $7,500 or less.
1136	(d) The installation of a solar hot water system pursuant
1137	to a direct contract of $7,500 or less.
1138	Section 8. Section 713.16, Florida Statutes, is amended to
1139	read:
1140	713.16 Demand for copy of contract and statements of
1141	account; form.-
1142	(1) A copy of the contract of a lienor or owner and a
1143	statement of the amount due or to become due if fixed or
1144	ascertainable thereon must be furnished by any party thereto,
1145	upon written demand of an owner or a lienor contracting with or
1146	employed by the other party to such contract. If the owner or
1147	lienor refuses or neglects to furnish such copy of the contract
1148	or such statement, or willfully and falsely states the amount
1149	due or to become due if fixed or ascertainable under such
1150	contract, any person who suffers any detriment thereby has a
1151	cause of action against the person refusing or neglecting to
1152	furnish the same or willfully and falsely stating the amount due
1153	or to become due for his or her damages sustained thereby. The
1154	information contained in such copy or statement furnished
1155	pursuant to such written demand is binding upon the owner or
1156	lienor furnishing it unless actual notice of any modification is
1157	given to the person demanding the copy or statement before such
1158	person acts in good faith in reliance on it. The person
1159	demanding such documents must pay for the reproduction thereof;
1160	and, if such person fails or refuses to do so, he or she is
1161	entitled only to inspect such documents at reasonable times and
1162	places.
1163	(2) The owner may serve in writing a demand of any lienor
1164	for a written statement under oath of his or her account showing
1165	the nature of the labor or services performed and to be
1166	performed, if any, the materials furnished, the materials to be
1167	furnished, if known, the amount paid on account to date, the
1168	amount due, and the amount to become due, if known, as of the
1169	date of the statement by the lienor. Any such demand to a lienor
1170	must be served on the lienor at the address and to the attention
1171	of any person who is designated to receive the demand in the
1172	notice to owner served by such lienor and must include a
1173	description of the project, including the names of the owner,
1174	the contractor, and the lienor's customer, sufficient for the
1175	lienor to properly identify the account in question. The failure
1176	or refusal to furnish the statement does not deprive the lienor
1177	of his or her lien if the demand is not served at the address of
1178	the lienor or directed to the attention of the person designated
1179	to receive the demand in the notice to owner. The failure or
1180	refusal to furnish the statement under oath within 30 days after
1181	the demand, or the furnishing of a false or fraudulent
1182	statement, deprives the person so failing or refusing to furnish
1183	such statement of his or her lien. If the owner serves more than
1184	one demand for statement of account on a lienor and none of the
1185	information regarding the account has changed since the lienor's
1186	last response to a demand, the failure or refusal to furnish
1187	such statement does not deprive the lienor of his or her lien.
1188	The negligent inclusion or omission of any information deprives
1189	the person of his or her lien to the extent the owner can
1190	demonstrate prejudice from such act or omission by the lienor.
1191	The failure to furnish a response to a demand for statement of
1192	account does not affect the validity of any claim of lien being
1193	enforced through a foreclosure case filed prior to the date the
1194	demand for statement is received by the lienor.
1195	(3) A request for sworn statement of account must be in
1196	substantially the following form:
1197
1198	REQUEST FOR SWORN STATEMENT OF ACCOUNT
1199
1200	WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT,
1201	SIGNED UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE
1202	STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN.
1203
1204	To: ...(Lienor's name and address)...
1205
1206	The undersigned hereby demands a written statement under
1207	oath of his or her account showing the nature of the labor or
1208	services performed and to be performed, if any, the materials
1209	furnished, the materials to be furnished, if known, the amount
1210	paid on account to date, the amount due, and the amount to
1211	become due, if known, as of the date of the statement for the
1212	improvement of real property identified as ...(property
1213	description)....
1214
1215	Name of contractor:_______________
1216
1217	Name of the lienor's customer (as specified in the lienor's
1218	Notice to Owner, if such notice has been served):_______________
1219
1220	...(signature and address of owner)...
1221	...(date of request for sworn statement of account)...
1222	(4) When a contractor has furnished a payment bond
1223	pursuant to s. 713.23, he or she may, when an owner makes any
1224	payment to the contractor or directly to a lienor, serve a
1225	written demand on any other lienor for a written statement under
1226	oath of his or her account showing the nature of the labor or
1227	services performed and to be performed, if any, the materials
1228	furnished, the materials to be furnished, if known, the amount
1229	paid on account to date, the amount due, and the amount to
1230	become due, if known, as of the date of the statement by the
1231	lienor. Any such demand to a lienor must be served on the lienor
1232	at the address and to the attention of any person who is
1233	designated to receive the demand in the notice to contractor
1234	served by such lienor. The failure or refusal to furnish the
1235	statement does not deprive the lienor of his or her rights under
1236	the bond if the demand is not served at the address of the
1237	lienor or directed to the attention of the person designated to
1238	receive the demand in the notice to contractor or does not
1239	include a description of the project, including the names of the
1240	owner, the contractor, and the lienor's customer as set forth in
1241	the lienor's notice to contractor, sufficient for the lienor to
1242	properly identify the account in question. The failure to
1243	furnish the statement within 30 days after the demand, or the
1244	furnishing of a false or fraudulent statement, deprives the
1245	person who fails to furnish the statement, or who furnishes the
1246	false or fraudulent statement, of his or her rights under the
1247	bond. If the contractor serves more than one demand for
1248	statement of account on a lienor and none of the information
1249	regarding the account has changed since the lienor's last
1250	response to a demand, the failure or refusal to furnish such
1251	statement does not deprive the lienor of his or her rights under
1252	the bond. The negligent inclusion or omission of any information
1253	deprives the person of his or her rights under the bond to the
1254	extent the contractor can demonstrate prejudice from such act or
1255	omission by the lienor. The failure to furnish a response to a
1256	demand for statement of account does not affect the validity of
1257	any claim on the bond being enforced in a lawsuit filed prior to
1258	the date the demand for statement of account is received by the
1259	lienor.
1260	(5)(a) Any lienor who submits or mails has recorded a
1261	claim of lien to the clerk for recording may make
1262	on the owner for a written statement under oath showing:
1263	1. The amount of the direct contract under which the lien
1264	was recorded;
1265	2. The dates and amounts paid or to be paid by or on
1266	behalf of the owner for all improvements described in the direct
1267	contract;
1268	3. The reasonable estimated costs of completing the direct
1269	contract under which the lien was claimed pursuant to the scope
1270	of the direct contract; and
1271	4. If known, the actual cost of completion.
1272	(b) Any owner who does not provide the statement within 30
1273	days after demand, or who provides a false or fraudulent
1274	statement, is not a prevailing party for purposes of an award of
1275	attorney's fees under s. 713.29. The written demand must include
1276	the following warning in conspicuous type in substantially the
1277	following form:
1278	WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT
1279	WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL
1280	RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY
1281	ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING
1282	THIS STATEMENT.
1283	(6) Any written demand served on the owner shall include a
1284	description of the project, including the names of the
1285	contractor and the lienor's customer as set forth in the
1286	lienor's notice to owner, sufficient for the owner to properly
1287	identify the project in question.
1288	(7)(6) For purposes of this section, the term
1289	"information" means the nature and quantity of the labor,
1290	services, and materials furnished or to be furnished by a lienor
1291	and the amount paid, the amount due, and the amount to become
1292	due on the lienor's account.
1293	Section 9. Section 713.18, Florida Statutes, is amended to
1294	read:
1295	713.18 Manner of serving notices and other instruments.-
1296	(1) Service of notices, claims of lien, affidavits,
1297	assignments, and other instruments permitted or required under
1298	this part, or copies thereof when so permitted or required,
1299	unless otherwise specifically provided in this part, must be
1300	made by one of the following methods:
1301	(a) By actual delivery to the person to be served; if a
1302	partnership, to one of the partners; if a corporation, to an
1303	officer, director, managing agent, or business agent; or, if a
1304	limited liability company, to a member or manager.
1305	(b) By sending the same by common carrier delivery service
1306	or registered, global express guaranteed, or certified mail,
1307	with postage prepaid, and or by overnight or second-day delivery
1308	with evidence of delivery, which may be in an electronic format.
1309	(c) If the method specified in paragraph (a) or paragraph
1310	(b) cannot be accomplished, By posting on the site of the
1311	improvement if service as provided by paragraph (a) or paragraph
1312	(b) cannot be accomplished premises.
1313	(2) Notwithstanding subsection (1), service of if a notice
1314	to owner, a notice to contractor under s. 713.23, or a
1315	preliminary notice under s. 255.05 is mailed by registered or
1316	certified mail with postage prepaid to the person to be served
1317	at any of the addresses set forth in subsection (3) within 40
1318	days after the date the lienor first furnishes labor, services,
1319	or materials, service of that notice is effective as of the date
1320	of mailing if:
1321	(a) The notice is mailed by registered, global express
1322	guaranteed, or certified mail, with postage prepaid, to the
1323	person to be served at any of the addresses set forth in
1324	subsection (3).
1325	(b) The notice is mailed within 40 days after the date the
1326	lienor first furnishes labor, services, or materials.
1327	(c)1. The person who served the notice maintains a
1328	registered or certified mail log that shows the registered or
1329	certified mail number issued by the United States Postal
1330	Service, the name and address of the person served, and the date
1331	stamp of the United States Postal Service confirming the date of
1332	mailing; or if
1333	2. The person who served the notice maintains electronic
1334	tracking records generated through use of the United States
1335	Postal Service Confirm service or a similar service containing
1336	the postal tracking number, the name and address of the person
1337	served, and verification of the date of receipt by the United
1338	States Postal Service.
1339	(3)(a) Service of If an instrument served pursuant to this
1340	section is effective on the date of mailing if the instrument:
1341	1. Was sent to the last address shown in the notice of
1342	commencement or any amendment thereto or, in the absence of a
1343	notice of commencement, to the last address shown in the
1344	building permit application, or to the last known address of the
1345	person to be served; and, is not received, but
1346	2. Is returned as being "refused," "moved, not
1347	forwardable," or "unclaimed," or is otherwise not delivered or
1348	deliverable through no fault of the person serving the item,
1349	then service is effective on the date the instrument was sent.
1350	(b) If the address information shown in the notice of
1351	commencement or any amendment to the notice, or in the absence
1352	of a notice of commencement, in the building permit application,
1353	is incomplete for purposes of mailing or delivery, the person
1354	serving the item may complete the address and properly format it
1355	according to United States Postal Service addressing standards
1356	using information obtained from the property appraiser or
1357	another public record or directory without affecting the
1358	validity of service under this section.
1359	(4) A notice served by a lienor on one owner or one
1360	partner of a partnership owning the real property If the real
1361	property is owned by more than one person or a partnership, a
1362	lienor may serve any notices or other papers under this part on
1363	any one of such owners or partners, and such notice is deemed
1364	notice to all owners and partners.
1365	Section 10. Section 713.22, Florida Statutes, is amended
1366	to read:
1367	713.22 Duration of lien.-
1368	(1) A No lien provided by this part may not shall continue
1369	for a longer period than 1 year after the claim of lien has been
1370	recorded or 1 year after the recording of an amended claim of
1371	lien that shows a later date of final furnishing of labor,
1372	services, or materials, unless within that time an action to
1373	enforce the lien is commenced in a court of competent
1374	jurisdiction. A lien that has been continued beyond the 1-year
1375	period The continuation of the lien effected by the commencement
1376	of an the action is shall not enforceable be good against
1377	creditors or subsequent purchasers for a valuable consideration
1378	and without notice, unless a notice of lis pendens is recorded.
1379	(2) An owner or the owner's agent or attorney may elect to
1380	shorten the time prescribed in subsection (1) within which to
1381	commence an action to enforce any claim of lien or claim against
1382	a bond or other security under s. 713.23 or s. 713.24 by
1383	recording in the clerk's office a notice in substantially the
1384	following form:
1385
1386	NOTICE OF CONTEST OF LIEN
1387
1388	To: ...(Name and address of lienor)...
1389
1390	You are notified that the undersigned contests the claim of lien
1391	filed by you on _____, ...(year)..., and recorded in _____ Book
1392	_____, Page _____, of the public records of _____ County,
1393	Florida, and that the time within which you may file suit to
1394	enforce your lien is limited to 60 days from the date of service
1395	of this notice. This _____ day of _____, ...(year)....
1396
1397	Signed: ...(Owner or Attorney)...
1398
1399	The lien of any lienor upon whom such notice is served and
1400	who fails to institute a suit to enforce his or her lien within
1401	60 days after service of such notice shall be extinguished
1402	automatically. The clerk shall serve mail a copy of the notice
1403	of contest to the lien claimant at the address shown in the
1404	claim of lien or most recent amendment thereto and shall certify
1405	to such service on the face of such notice and record the
1406	notice. Service shall be deemed complete upon mailing.
1407	Section 11. Paragraph (e) of subsection (1) and
1408	subsections (2) and (4) of section 713.23, Florida Statutes, are
1409	amended to read:
1410	713.23 Payment bond.-
1411	(1)
1412	(e) An No action for the labor or materials or supplies
1413	may not be instituted or prosecuted against the contractor or
1414	surety unless both notices have been given. An No action may not
1415	shall be instituted or prosecuted against the contractor or
1416	against the surety on the bond under this section after 1 year
1417	from the performance of the labor or completion of delivery of
1418	the materials and supplies. The time period for bringing an
1419	action against the contractor or surety on the bond shall be
1420	measured from the last day of furnishing labor, services, or
1421	materials by the lienor. The time period may and shall not be
1422	measured by other standards, such as the issuance of a
1423	certificate of occupancy or the issuance of a certificate of
1424	substantial completion. A contractor or the contractor's agent
1425	or attorney may elect to shorten the prescribed time within
1426	which an action to enforce any claim against a payment bond
1427	provided under this section or s. 713.245 must may be commenced
1428	at any time after a notice of nonpayment, if required, has been
1429	served for the claim by recording in the clerk's office a notice
1430	in substantially the following form:
1431
1432	NOTICE OF CONTEST OF CLAIM
1433	AGAINST PAYMENT BOND
1434
1435	To: ...(Name and address of lienor)...
1436
1437	You are notified that the undersigned contests your notice
1438	of nonpayment, dated _____, _____, and served on the undersigned
1439	on _____, _____, and that the time within which you may file
1440	suit to enforce your claim is limited to 60 days from the date
1441	of service of this notice.
1442	DATED on _____, _____.
1443
1444	Signed: ...(Contractor or Attorney)...
1445
1446	The claim of any lienor upon whom the notice is served and
1447	who fails to institute a suit to enforce his or her claim
1448	against the payment bond within 60 days after service of the
1449	notice shall be extinguished automatically. The clerk shall
1450	serve mail a copy of the notice of contest to the lienor at the
1451	address shown in the notice of nonpayment or most recent
1452	amendment thereto and shall certify to such service on the face
1453	of the notice and record the notice. Service is complete upon
1454	mailing.
1455	(2) The bond shall secure every lien under the direct
1456	contract accruing subsequent to its execution and delivery,
1457	except that of the contractor. Every claim of lien, except that
1458	of the contractor, filed subsequent to execution and delivery of
1459	the bond shall be transferred to it with the same effect as
1460	liens transferred under s. 713.24. Record notice of the transfer
1461	shall be effected by the contractor, or any person having an
1462	interest in the property against which the claim of lien has
1463	been asserted, by recording in the clerk's office a notice in
1464	substantially the following form:
1465
1466	NOTICE OF BOND
1467
1468	To ...(Name and Address of Lienor)...
1469
1470	You are notified that the claim of lien filed by you on _____,
1471	_____, and recorded in Official Records Book _____ at page _____
1472	of the public records of _____ County, Florida, is secured by a
1473	bond, a copy being attached.
1474
1475	Signed: ...(Name of person recording notice)...
1476
1477	The notice shall be verified. The clerk shall mail a copy
1478	of the notice to the lienor at the address shown in the claim of
1479	lien, or the most recent amendment to it; shall certify to the
1480	service on the face of the notice; and shall record the notice.
1481	The clerk shall receive the same fee as prescribed in s. 713.24
1482	s. 713.24(1) for certifying to a transfer of lien.
1483	(4) The provisions of s. 713.24(7) s. 713.24(3) shall
1484	apply to bonds under this section.
1485	Section 12. Section 713.24, Florida Statutes, is amended
1486	to read:
1487	713.24 Transfer of liens to security.-
1488	(1) A Any lien claimed under this part may be transferred,
1489	by a any person having an interest in the real property upon
1490	which the lien is imposed or the contract under which the lien
1491	is claimed, from such real property to other security by either:
1492	(a) Depositing in the clerk's office a sum of money;, or
1493	(b) Filing in the clerk's office a bond executed as surety
1494	by a surety insurer licensed to do business in this state.,
1495	(2) The security must either to be in an amount equal to
1496	the amount demanded in the such claim of lien, plus interest on
1497	the claim thereon at the legal rate for 3 years, plus $1,000 or
1498	25 percent of the amount demanded in the claim of lien,
1499	whichever is greater, to apply on any attorney's fees and court
1500	costs that may be taxed in any proceeding to enforce the said
1501	lien.
1502	(3) The security Such deposit or bond shall be conditioned
1503	to pay any judgment or decree that which may be rendered for the
1504	satisfaction of the lien for which such claim of lien was
1505	recorded.
1506	(4) A Upon making such deposit or filing such bond, the
1507	clerk who receives other security for a lien:
1508	(a) Shall make and record a certificate showing the
1509	transfer of the lien from the real property to the security. The
1510	clerk and shall serve mail a copy of the certificate and a copy
1511	of the bond, if the lien was transferred to a bond, on thereof
1512	by registered or certified mail to the lienor named in the claim
1513	of lien so transferred, at the address stated in the claim
1514	therein. When Upon filing the certificate of transfer is
1515	recorded, the real property is shall thereupon be released from
1516	the lien claimed, and the such lien is shall be transferred to
1517	the other said security.
1518	(b) May collect a service charge of no more than $20 for
1519	making and serving the certificate. The clerk may collect an
1520	additional charge of no more than $10 for each additional lien
1521	transferred to the security. The clerk shall receive the
1522	statutory service charges as prescribed in s. 28.24 for
1523	recording the certificate and approving the bond.
1524	(5) In the absence of allegations of privity between the
1525	lienor and the owner, and subject to any order of the court
1526	increasing the amount required for the lien transfer deposit or
1527	bond, no other judgment or decree to pay money may be entered by
1528	the court against the owner. The clerk shall be entitled to a
1529	service charge for making and serving the certificate, in the
1530	amount of up to $20. If the transaction involves the transfer of
1531	multiple liens, an additional charge of up to $10 for each
1532	additional lien shall be charged. For recording the certificate
1533	and approving the bond, the clerk shall receive her or his usual
1534	statutory service charges as prescribed in s. 28.24. Any number
1535	of liens may be transferred to one such security.
1536	(6)(2) Any excess of the security over the aggregate
1537	amount of any judgments or decrees rendered plus costs actually
1538	taxed shall be repaid to the party filing the same or her or his
1539	successor in interest. Any deposit of money shall be considered
1540	as paid into court and is shall be subject to the provisions of
1541	law relative to payments of money into court and the disposition
1542	of same.
1543	(7)(3) Any party having an interest in such security or
1544	the property from which the lien was transferred may at any
1545	time, and any number of times, file a complaint in chancery in
1546	the circuit court of the county where such security is
1547	deposited, or file a motion in a pending action to enforce a
1548	lien, for an order to require additional security, reduction of
1549	security, change or substitution of sureties, payment of
1550	discharge thereof, or any other matter affecting the said
1551	security. If the court finds that the amount of the deposit or
1552	bond in excess of the amount claimed in the claim of lien is
1553	insufficient to pay the lienor's attorney's fees and court costs
1554	incurred in the action to enforce the lien, the court must
1555	increase the amount of the cash deposit or lien transfer bond.
1556	Nothing in This section does not shall be construed to vest
1557	exclusive jurisdiction in the circuit courts over transfer bond
1558	claims for nonpayment of an amount within the monetary
1559	jurisdiction of the county courts.
1560	(8)(4) If a proceeding to enforce a transferred lien is
1561	not commenced within the time specified in s. 713.22 or if it
1562	appears that the transferred lien has been satisfied of record,
1563	the clerk shall return the said security upon request of the
1564	person depositing or filing the same, or the insurer. If a
1565	proceeding to enforce a lien is commenced in a court of
1566	competent jurisdiction within the time specified in s. 713.22
1567	and, during such proceeding, the lien is transferred pursuant to
1568	this section or s. 713.13(1)(e), an action commenced within 1
1569	year after the transfer, unless otherwise shortened by operation
1570	of law, in the same county or circuit court to recover against
1571	the security shall be deemed to have been brought as of the date
1572	of filing the action to enforce the lien, and the court has
1573	shall have jurisdiction over the action.
1574	Section 13. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.