Bill Text: FL S0510 | 2010 | Regular Session | Introduced

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Bill Title: Construction Contracts [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Regulated Industries [S0510 Detail]

Download: Florida-2010-S0510-Introduced.html

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Florida Senate - 2010                                     SB 510 
 
By Senator Wise 
5-00560-10                                             2010510__ 
1                        A bill to be entitled 
2         An act relating to construction contracts; amending s. 
3         713.015, F.S.; requiring a contractor to provide an 
4         owner with a statement of an Owner’s Rights and 
5         Responsibilities Under Florida’s Construction Lien 
6         Law; requiring that a signed copy of the statement be 
7         filed with the building permit application; specifying 
8         the form and content of the notice; deleting the 
9         requirement that notice be included in the direct 
10         contract between the contractor and the owner; 
11         amending s. 713.13, F.S.; removing a warning provision 
12         from the Notice to Owner; amending s. 713.135, F.S.; 
13         providing that a building permit application may not 
14         be processed unless the signed statement of an Owner’s 
15         Rights and Responsibilities Under Florida’s 
16         Construction Lien Law is filed with the building 
17         permit authority; deleting the requirement that the 
18         permit authority provide the applicant with a printed 
19         statement relating to construction lien law; providing 
20         an effective date. 
21 
22  Be It Enacted by the Legislature of the State of Florida: 
23 
24         Section 1. Section 713.015, Florida Statutes, is amended to 
25  read: 
26         713.015 Statement of owner’s rights and responsibilities 
27  Mandatory provisions for direct contracts.— 
28         (1) For any direct contract greater than $2,500 between an 
29  owner and a contractor, related to improvements to real property 
30  consisting of single or multiple family dwellings up to and 
31  including four units, the contractor must provide the owner with 
32  a statement of the owner’s rights and responsibilities under 
33  construction lien law as described in subsection (2), which must 
34  be must contain the following notice provision printed in no 
35  less than 12-point, capitalized, boldfaced type on the front 
36  page of the contract or on a separate page, signed by the owner 
37  and dated, and submitted with the original building permit 
38  application pursuant to s. 713.135. If the contractor applies 
39  for the building permit, the contractor must provide a copy of 
40  the filed document to the owner.: 
41 
42  ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001 
43  713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR 
44  PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A 
45  RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. 
46  THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR 
47  OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB 
48  SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED 
49  MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE 
50  ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR 
51  CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR 
52  PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE 
53  SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER 
54  SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED 
55  TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS 
56  CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS 
57  REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY 
58  PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” 
59  FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS 
60  RECOMMENDED THAT YOU CONSULT AN ATTORNEY. 
61         (2) The statement of an Owner’s Rights and Responsibilities 
62  Under Florida’s Construction Lien Law must be in substantially 
63  the following form, must include the information contained in 
64  the following form, and must include a copy of a Notice of 
65  Commencement as provided in s. 713.13(1), a Release and Waiver 
66  of Lien Upon Progress Payment as provided in s. 713.20(4), a 
67  Release and Waiver of Lien Upon Final Payment as provided in s. 
68  713.20(5), and a Contractor’s Final Payment Affidavit as 
69  provided in s. 713.06(3): 
70 
71                 OWNER’S RIGHTS AND RESPONSIBILITIES 
72                UNDER FLORIDA’S CONSTRUCTION LIEN LAW 
73 
74         ABOUT THIS DOCUMENT.—Florida law requires your contractor 
75  to provide you with this document and the attached statutory 
76  forms when you are contracting to make improvements to real 
77  property. Therefore, it is critical that you have some 
78  understanding of Florida’s construction lien and payment laws 
79  and take appropriate steps to protect your investment and 
80  fulfill your obligations to those who provide labor and 
81  materials for your project. 
82 
83         You must acknowledge that you have received and read this 
84  document by signing on the signature page. The signed original 
85  document must be delivered to the building permit authority, 
86  along with the building permit application for your project. 
87  Your building permit application will not be processed unless 
88  this signed document is in the file. You should retain a copy of 
89  the filed document and the attached statutory forms so that you 
90  can follow the procedures described in the document and identify 
91  the proper statutory forms as you proceed with your construction 
92  project. If your contractor applies for the building permit, he 
93  or she must provide you with a copy. 
94 
95         THE FLORIDA CONSTRUCTION LIEN LAW.—Part I of chapter 713, 
96  Florida Statutes (F.S.), governs private construction projects 
97  in this state. The complete text of this law can be found at 
98  www.leg.state.fl.us. 
99 
100         Under this law, those who work on your property or provide 
101  materials and services and who are not paid in full have a right 
102  to enforce their claim for payment against your property. This 
103  claim is known as a construction lien. If your contractor or a 
104  subcontractor fails to pay subcontractors, sub-subcontractors, 
105  or material suppliers, those people who are owed money may look 
106  to your property for payment even if you have already paid your 
107  contractor in full. If you fail to pay your contractor, your 
108  contractor may also have a lien on your property. This means 
109  that if a lien is filed, your property could be sold against 
110  your will to pay for labor, materials, or other services that 
111  your contractor or a subcontractor may have failed to pay. 
112 
113         The law also provides procedures to protect owners and 
114  guarantee that you will never have to pay more than the amount 
115  of your contract if you make proper payments. Although the 
116  construction lien law has many complexities, the steps owners 
117  can take to protect themselves and establish a “proper payment 
118  defense” are simple, but very important. 
119 
120         STEP 1 — THE NOTICE OF COMMENCEMENT.—An owner is required 
121  by law to complete, sign, and record in the public records an 
122  accurate Notice of Commencement which contains certain specified 
123  information. The information contained in the recorded Notice of 
124  Commencement is relied upon by all parties who provide labor and 
125  materials to your project. A copy of the statutory Notice of 
126  Commencement form, s. 713.13, F.S., is attached to this 
127  document. 
128 
129         If a lender is financing your project, the lender will 
130  assist you in completing the Notice of Commencement and is 
131  responsible for recording it in the public records. It is 
132  critical that your Notice of Commencement be recorded after any 
133  construction loan or mortgage documents are filed. If you do not 
134  have a lender, preparing and recording the Notice of 
135  Commencement is your responsibility. The Notice of Commencement 
136  must be recorded before commencing construction and posted on 
137  your jobsite. A copy of the recorded Notice of Commencement must 
138  be submitted to the building permit authority before the first 
139  building inspection. 
140 
141         A Notice of Commencement expires 1 year following the date 
142  of recording unless otherwise stated. If 1 year is insufficient 
143  time for completing your project, specify a realistic date so 
144  that the Notice of Commencement does not expire before the 
145  completion of your project. 
146 
147         STEP 2 — MONITOR THE DOCUMENTS AND NOTICES YOU RECEIVE. 
148  Pick up your certified mail. Most lien notices are served by 
149  certified mail and you need to know who is providing labor and 
150  materials to your project. Section 713.18, F.S., provides that 
151  any properly addressed notices that are returned to the sender 
152  through no fault of the sender are considered served on the date 
153  sent, so refusing certified mail only hurts you. 
154 
155         If you expect to be absent for periods of time during your 
156  project, you should have an attorney or other agent in a 
157  position of trust who understands the law handle these details 
158  for you. Make sure someone is receiving your mail and taking 
159  steps to obtain the necessary lien releases before making 
160  payments to your contractor. If you receive anything that you do 
161  not understand, seek the assistance of an experienced 
162  construction law attorney. 
163 
164         STEP 3 — OBTAIN SIGNED LIEN WAIVERS EACH TIME YOU MAKE A 
165  PAYMENT TO YOUR CONTRACTOR.—Each time you pay your contractor 
166  you should obtain a Waiver and Release of Lien form from the 
167  contractor and from anyone who serves you with a Notice to 
168  Owner. Make sure that each release waives lien rights against 
169  your project for work or materials furnished through the date of 
170  the work or materials that your payment covers. This date is 
171  probably not the date you are making the payment, but a date 
172  before the payment date through which labor and materials have 
173  been billed. 
174 
175         There are two statutory Waiver and Release of Lien forms. 
176  The Waiver and Release of Lien Upon Progress Payment should be 
177  submitted by a contractor, subcontractor, or material supplier 
178  each time you make a payment to your contractor. The Waiver and 
179  Release of Lien Upon Final Payment should be submitted by your 
180  contractor, a subcontractor, or material supplier when they are 
181  finished furnishing all work or materials for your project. For 
182  example, when the plumber finishes all plumbing on your project 
183  and receives final payment from the contractor, you should 
184  obtain a Waiver and Release of Lien Upon Final Payment. Once you 
185  receive a final waiver from a contractor, subcontractor, or 
186  material supplier, you should not need another waiver unless 
187  they are hired to do additional work. A copy of both statutory 
188  Waiver and Release of Lien forms, s. 713.20, F.S., are attached 
189  to this document. 
190 
191         STEP 4 — OBTAIN A CONTRACTOR’S FINAL PAYMENT AFFIDAVIT 
192  BEFORE YOU MAKE FINAL PAYMENT TO YOUR CONTRACTOR.—In addition to 
193  obtaining Final Waiver of Lien forms from the contractor and 
194  anyone who has served you with a Notice to Owner, you should 
195  obtain a Contractor’s Final Payment Affidavit before you make 
196  final payment to your contractor. This sworn affidavit should 
197  reflect that everyone who supplied labor and materials on your 
198  project has been paid in full, or should list those 
199  subcontractors and suppliers who are still owed money. Make sure 
200  that anyone listed as not being paid in full is paid before 
201  making final payment to your contractor. You have a right to 
202  rely on the information contained in the sworn affidavit when 
203  you make final payment to your contractor. A copy of the 
204  statutory Contractor’s Final Payment Affidavit form, s. 713.06, 
205  F.S., is attached to this document. 
206 
207         IF YOU FOLLOW THESE FOUR SIMPLE STEPS, FLORIDA LAW WILL 
208  PROTECT YOU AND YOU SHOULD NEVER HAVE TO PAY TWICE FOR THE SAME 
209  LABOR OR MATERIALS. 
210 
211             ADDITIONAL INFORMATION FOR YOUR PROTECTION 
212 
213         1. Always hire a Florida-licensed contractor. You can 
214  verify the license status of your contractor by accessing the 
215  website of the Department of Business and Professional 
216  Regulation at www.myflorida.com/dbpr and performing a licensee 
217  search. You can check under an individual name or, if your 
218  contractor is a company, under the business name, and then check 
219  to see who the qualifying licensee is for that company. 
220 
221         2. Make sure that your contractor has the proper workers’ 
222  compensation coverage, or an allowed workers’ compensation 
223  exemption, and carries sufficient builder’s risk insurance. The 
224  contractor should be able to provide you with current, valid 
225  certificates of insurance from his or her insurance agent. 
226 
227         3. Never accept an obviously low bid. If it seems too good 
228  to be true, it probably is, and your construction project may be 
229  in trouble before you even begin. 
230 
231         4. Some contractors require a reasonable deposit to cover 
232  the cost of plans and permitting. This is an acceptable 
233  practice. However, never pay substantial sums to a contractor in 
234  advance of the work being performed. 
235 
236         5. If you receive documents or information that you do not 
237  understand, consult an experienced construction law attorney. 
238 
239         6. Florida has a Homeowner’s Construction Recovery Fund 
240  that is funded through a portion of the building permit fees. 
241  This fund helps consumers who have been harmed by a licensed 
242  contractor. In order to be eligible to recover from this fund, 
243  you must have complied with the proper payment procedures as 
244  described in this document. For more information, contact the 
245  Construction Industry Licensing Board at 
246  www.myflorida.com/dbpr/pro/cilb. 
247 
248                 OWNER’S ACKNOWLEDGEMENT AND RECEIPT 
249 
250  The undersigned owner(s) of Florida real property hereby 
251  acknowledges that the owner(s) is preparing to enter into a 
252  contract with _____________________________________________for 
253  the construction of real property improvements to the following 
254  described property (insert address or legal description): 
255         _________________________________________ 
256 
257         _________________________________________ 
258 
259         ...(Signature of Property Owner)......(Date)... 
260         ...(Address)... 
261         ...(Phone Number)... 
262 
263         ...(Signature of Property Owner)......(Date)... 
264         ...(Address)... 
265         ...(Phone Number)... 
266 
267         Attached Statutory Forms: 
268         Notice of Commencement 
269         Release and Waiver of Lien Upon Progress Payment 
270         Release and Waiver of Lien Upon Final Payment 
271         Contractor’s Final Payment Affidavit 
272 
273         (2)(a) If the contract is written, the notice must be in 
274  the contract document. If the contract is oral or implied, the 
275  notice must be provided in a document referencing the contract. 
276         (3)(b) The failure to provide such written notice does not 
277  bar the enforcement of a lien against a person who has not been 
278  adversely affected. 
279         (4)(c) This section may not be construed to adversely 
280  affect the lien and bond rights of lienors who are not in 
281  privity with the owner. This section does not apply when the 
282  owner is a contractor licensed under chapter 489 or is a person 
283  who created parcels or offers parcels for sale or lease in the 
284  ordinary course of business. 
285         Section 2. Paragraph (d) of subsection (1) of section 
286  713.13, Florida Statutes, is amended to read: 
287         713.13 Notice of commencement.— 
288         (1) 
289         (d) A notice of commencement must be in substantially the 
290  following form: 
291  Permit No.....                                 Tax Folio No..... 
292                       NOTICE OF COMMENCEMENT 
293  State of.... 
294  County of.... 
295  The undersigned hereby gives notice that improvement will be 
296  made to certain real property, and in accordance with Chapter 
297  713, Florida Statutes, the following information is provided in 
298  this Notice of Commencement. 
299         1. Description of property: ...(legal description of the 
300  property, and street address if available).... 
301         2. General description of improvement:..... 
302         3. Owner information:..... 
303         a. Name and address:..... 
304         b. Interest in property:..... 
305         c. Name and address of fee simple titleholder (if other 
306  than Owner):..... 
307         4.a. Contractor: ...(name and address).... 
308         b. Contractor’s phone number:..... 
309         5. Surety 
310         a. Name and address:..... 
311         b. Phone number:..... 
312         c. Amount of bond: $..... 
313         6.a. Lender: ...(name and address).... 
314         b. Lender’s phone number:..... 
315         7.a. Persons within the State of Florida designated by 
316  Owner upon whom notices or other documents may be served as 
317  provided by Section 713.13(1)(a)7., Florida Statutes: ...(name 
318  and address).... 
319         b. Phone numbers of designated persons:..... 
320         8.a. In addition to himself or herself, Owner designates 
321  ............ of ............ to receive a copy of the Lienor’s 
322  Notice as provided in Section 713.13(1)(b), Florida Statutes. 
323         b. Phone number of person or entity designated by 
324  owner:..... 
325         9. Expiration date of notice of commencement (the 
326  expiration date is 1 year from the date of recording unless a 
327  different date is specified)..... 
328 
329  WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE 
330  EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER 
331  PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA 
332  STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS 
333  TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND 
334  POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU 
335  INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN 
336  ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF 
337  COMMENCEMENT. 
338  ...(Signature of Owner or Owner's Authorized 
339  Officer/Director/Partner/Manager)... 
340  ...(Signatory's Title/Office)... 
341  The foregoing instrument was acknowledged before me this .... 
342  day of ...., ...(year)..., by ...(name of person)... as ...(type 
343  of authority,...e.g. officer, trustee, attorney in fact)... for 
344  ...(name of party on behalf of whom instrument was executed).... 
345  ...(Signature of Notary Public - State of Florida)... 
346  ...(Print, Type, or Stamp Commissioned Name of Notary Public)... 
347         Personally Known .... OR Produced Identification .... 
348         Type of Identification Produced............ 
349  Verification pursuant to Section 92.525, Florida Statutes. 
350  Under penalties of perjury, I declare that I have read the 
351  foregoing and that the facts stated in it are true to the best 
352  of my knowledge and belief. 
353  ...(Signature of Natural Person Signing Above)... 
354         Section 3. Section 713.135, Florida Statutes, is amended to 
355  read: 
356         713.135 Building permit application Notice of commencement 
357  and applicability of lien.— 
358         (1) When any person applies for a building permit, the 
359  authority issuing such permit shall: 
360         (a) Require the applicant to submit the signed and dated 
361  statement of an Owner’s Rights and Responsibilities Under 
362  Florida’s Construction Lien Law described in s. 713.015. A 
363  building permit application may not be processed unless the 
364  signed document is in the file. Print on the face of each permit 
365  card in no less than 14-point, capitalized, boldfaced type: 
366  “WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF 
367  COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO 
368  YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND 
369  POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU 
370  INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN 
371  ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.” 
372         (b) Provide the applicant and the owner of the real 
373  property upon which improvements are to be constructed with a 
374  printed statement stating that the right, title, and interest of 
375  the person who has contracted for the improvement may be subject 
376  to attachment under the Construction Lien Law. The Department of 
377  Business and Professional Regulation shall furnish, for 
378  distribution, the statement described in this paragraph, and the 
379  statement must be a summary of the Construction Lien Law and 
380  must include an explanation of the provisions of the 
381  Construction Lien Law relating to the recording, and the posting 
382  of copies, of notices of commencement and a statement 
383  encouraging the owner to record a notice of commencement and 
384  post a copy of the notice of commencement in accordance with s. 
385  713.13. The statement must also contain an explanation of the 
386  owner’s rights if a lienor fails to furnish the owner with a 
387  notice as provided in s. 713.06(2) and an explanation of the 
388  owner’s rights as provided in s. 713.22. The authority that 
389  issues the building permit must obtain from the Department of 
390  Business and Professional Regulation the statement required by 
391  this paragraph and must mail, deliver by electronic mail or 
392  other electronic format or facsimile, or personally deliver that 
393  statement to the owner or, in a case in which the owner is 
394  required to personally appear to obtain the permit, provide that 
395  statement to any owner making improvements to real property 
396  consisting of a single or multiple family dwelling up to and 
397  including four units. However, the failure by the authorities to 
398  provide the summary does not subject the issuing authority to 
399  liability. 
400         (c) In addition to providing the owner with the statement 
401  as required by paragraph (b), inform each applicant who is not 
402  the person whose right, title, and interest is subject to 
403  attachment that, as a condition to the issuance of a building 
404  permit, the applicant must promise in good faith that the 
405  statement will be delivered to the person whose property is 
406  subject to attachment. 
407         (b)(d) Furnish to the applicant two or more copies of a 
408  form of notice of commencement conforming with s. 713.13. 
409         (c) If the direct contract is greater than $2,500, the 
410  applicant shall file with the issuing authority before prior to 
411  the first inspection either a certified copy of the recorded 
412  notice of commencement or a notarized statement that the notice 
413  of commencement has been filed for recording, along with a copy 
414  thereof. In the absence of the filing of a certified copy of the 
415  recorded notice of commencement, the issuing authority or a 
416  private provider performing inspection services may not perform 
417  or approve subsequent inspections until the applicant files by 
418  mail, facsimile, hand delivery, or any other means such 
419  certified copy with the issuing authority. The certified copy of 
420  the notice of commencement must contain the name and address of 
421  the owner, the name and address of the contractor, and the 
422  location or address of the property being improved. 
423         1. The issuing authority must shall verify that the name 
424  and address of the owner, the name of the contractor, and the 
425  location or address of the property being improved which is 
426  contained in the certified copy of the notice of commencement is 
427  consistent with the information in the building permit 
428  application. The issuing authority shall provide the recording 
429  information on the certified copy of the recorded notice of 
430  commencement to any person upon request. 
431         2. This subsection does not require the recording of a 
432  notice of commencement as a condition of the application for, 
433  processing of, or prior to the issuance of a building permit. If 
434  a local government requires a separate permit or inspection for 
435  installation of temporary electrical service or other temporary 
436  utility service, land clearing, or other preliminary site work, 
437  such permits may be issued and such inspections may be conducted 
438  without providing the issuing authority with a certified copy of 
439  a recorded notice of commencement or a notarized statement 
440  regarding a recorded notice of commencement. This subsection 
441  does not apply to a direct contract to repair or replace an 
442  existing heating or air-conditioning system in an amount less 
443  than $7,500. 
444         (e) Not require that a notice of commencement be recorded 
445  as a condition of the application for, or processing or issuance 
446  of, a building permit. However, this paragraph does not modify 
447  or waive the inspection requirements set forth in this 
448  subsection. 
449         (2) An issuing authority under subsection (1) is not liable 
450  in any civil action for the failure of the person whose property 
451  is subject to attachment to receive or to be delivered a printed 
452  statement stating that the right, title, and interest of the 
453  person who has contracted for the improvement may be subject to 
454  attachment under the Construction Lien Law. 
455         3.(3) An issuing authority under subsection (1) is not 
456  liable in any civil action for the failure to verify that a 
457  certified copy of the recorded notice of commencement has been 
458  filed in accordance with this section. 
459         (2)(4) The several boards of county commissioners, 
460  municipal councils, or other similar bodies may by ordinance or 
461  resolution establish reasonable fees for furnishing copies of 
462  the forms and the printed statement provided in paragraphs 
463  (1)(b) and (d) in an amount not to exceed $5 to be paid by the 
464  applicant for each permit in addition to all other costs of the 
465  permit; however, no forms or statement need be furnished, 
466  mailed, or otherwise provided to, nor may such additional fee be 
467  obtained from, applicants for permits in those cases in which 
468  the owner of a legal or equitable interest, (including that of 
469  ownership of stock of a corporate landowner,) of the real 
470  property to be improved is engaged in the business of 
471  construction of buildings for sale to others and intends to make 
472  the improvements authorized by the permit on the property and 
473  upon completion will offer the improved real property for sale. 
474         (3)(5) In addition to any other information required by the 
475  authority issuing the permit, each building permit application 
476  must contain: 
477         (a) The name and address of the owner of the real property; 
478         (b) The name and address of the contractor; 
479         (c) A description sufficient to identify the real property 
480  to be improved; and 
481         (d) The number or identifying symbol assigned to the 
482  building permit by the issuing authority, which number or symbol 
483  must be affixed to the application by the issuing authority. 
484         (4)(6)(a) In addition to any other information required by 
485  the authority issuing the permit, the building permit 
486  application must be in substantially the following form: 
487 
488  Tax Folio No......... 
489                     BUILDING PERMIT APPLICATION 
490 
491  Owner’s Name.................................................... 
492  Owner’s Address................................................. 
493  Fee Simple Titleholder’s Name (If other than owner)............. 
494  Fee Simple Titleholder’s Address (If other than owner).......... 
495  City............................................................ 
496  State............ Zip............ 
497  Contractor’s Name............................................... 
498  Contractor’s Address............................................ 
499  City............................................................ 
500  State............ Zip............ 
501  Job Name........................................................ 
502  Job Address..................................................... 
503  City................                          County............ 
504  Legal Description............................................... 
505  Bonding Company................................................. 
506  Bonding Company Address......................................... 
507  City................ State............ 
508  Architect/Engineer’s Name....................................... 
509  Architect/Engineer’s Address.................................... 
510  Mortgage Lender’s Name.......................................... 
511  Mortgage Lender’s Address....................................... 
512 
513         Application is hereby made to obtain a permit to do the 
514  work and installations as indicated. I certify that no work or 
515  installation has commenced before prior to the issuance of a 
516  permit and that all work will be performed to meet the standards 
517  of all laws regulating construction in this jurisdiction. I 
518  understand that a separate permit must be secured for ELECTRICAL 
519  WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, 
520  TANKS, and AIR CONDITIONERS, etc. 
521  OWNER’S AFFIDAVIT: I certify that all the foregoing information 
522  is accurate and that all work will be done in compliance with 
523  all applicable laws regulating construction and zoning. 
524         WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF 
525         COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR 
526         IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF 
527         COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB 
528         SITE BEFORE THE FIRST INSPECTION. 
529         IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR 
530         LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR 
531         RECORDING YOUR NOTICE OF COMMENCEMENT. 
532 
533  ...(Signature of Owner or Agent)... 
534 
535  ...(including contractor)... 
536  STATE OF FLORIDA 
537  COUNTY OF .... 
538 
539         Sworn to (or affirmed) and subscribed before me this .... 
540  day of ...., ...(year)..., by ...(name of person making 
541  statement).... 
542 
543  ...(Signature of Notary Public - State of Florida)... 
544  ...(Print, Type, or Stamp Commissioned Name of Notary Public)... 
545         Personally Known .... OR Produced Identification .... 
546         Type of Identification Produced............ 
547  ...(Signature of Contractor)... 
548 
549 
550  STATE OF FLORIDA 
551  COUNTY OF .... 
552 
553         Sworn to (or affirmed) and subscribed before me this .... 
554  day of ...., ...(year)..., by ...(name of person making 
555  statement).... 
556  ...(Signature of Notary Public - State of Florida)... 
557  ...(Print, Type, or Stamp Commissioned Name of Notary Public)... 
558         Personally Known .... OR Produced Identification .... 
559         Type of Identification Produced............ 
560                 (Certificate of Competency Holder) 
561 
562  Contractor’s State Certification or Registration No..... 
563 
564  Contractor’s Certificate of Competency No......... 
565 
566  APPLICATION APPROVED BY 
567  ................Permit Officer 
568         (5)(b) Consistent with the requirements of subsection (4) 
569  paragraph (a), an authority responsible for issuing building 
570  permits under this section may accept a building permit 
571  application in an electronic format, as prescribed by the 
572  authority. 
573         (a) Building permit applications submitted to the authority 
574  electronically must contain the following additional statement 
575  in lieu of the requirement in subsection (4) paragraph (a) that 
576  a signed, sworn, and notarized signature of the owner or agent 
577  and the contractor be part of the owner’s affidavit: 
578 
579  OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty of 
580  perjury, I declare that all the information contained in this 
581  building permit application is true and correct. 
582         (b)(c) An authority that responsible for issuing building 
583  permit applications which accepts building permit applications 
584  in an electronic format must shall provide public Internet 
585  access to the electronic building permit applications in a 
586  searchable format. 
587         (6) Each permit issued by the permitting authority must 
588  include the following statement in at least 14-point, 
589  capitalized, boldfaced type: A NOTICE OF COMMENCEMENT MUST BE 
590  RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. 
591  IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR 
592  AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. 
593         (7) This section applies to every municipality and county 
594  in the state which now has or hereafter may have a system of 
595  issuing building permits for the construction of improvements or 
596  for the alteration or repair of improvements on or to real 
597  property located within the geographic limits of the issuing 
598  authority. 
599         Section 4. This act shall take effect July 1, 2010.