Bill Text: FL S0562 | 2023 | Regular Session | Introduced

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Bill Title: Notices of Commencement

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2023-05-05 - Died in Messages [S0562 Detail]

Download: Florida-2023-S0562-Introduced.html

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       Florida Senate - 2023                                     SB 562
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00544A-23                                           2023562__
    1                        A bill to be entitled                      
    2         An act relating to notices of commencement; amending
    3         s. 713.13, F.S.; requiring the Department of Business
    4         and Professional Regulation to furnish for
    5         distribution a uniform notice of commencement;
    6         requiring owners and authorized agents of owners to
    7         use such uniform notice; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (d) of subsection (1) of section
   12  713.13, Florida Statutes, is amended to read:
   13         713.13 Notice of commencement.—
   14         (1)
   15         (d) The Department of Business and Professional Regulation
   16  shall furnish for distribution a uniform notice of commencement
   17  must be in substantially the following form, and an owner or an
   18  owner’s authorized agent must use such uniform notice of
   19  commencement for the purposes of this subsection:
   20  
   21  Permit No.....                                 Tax Folio No.....
   22                       NOTICE OF COMMENCEMENT                      
   23  State of....
   24  County of....
   25  
   26  The undersigned hereby gives notice that improvement will be
   27  made to certain real property, and in accordance with Chapter
   28  713, Florida Statutes, the following information is provided in
   29  this Notice of Commencement.
   30         1. Description of property: ...(legal description of the
   31  property, and street address if available)....
   32         2. General description of improvement:.....
   33         3. Owner information or Lessee information if the Lessee
   34  contracted for the improvement:
   35         a. Name and address:.....
   36         b. Interest in property:.....
   37         c. Name and address of fee simple titleholder (if different
   38  from Owner listed above):.....
   39         4.a. Contractor: ...(name and address)....
   40         b. Contractor’s phone number:.....
   41         5. Surety (if applicable, a copy of the payment bond is
   42  attached):
   43         a. Name and address:.....
   44         b. Phone number:.....
   45         c. Amount of bond: $.....
   46         6.a. Lender: ...(name and address)....
   47         b. Lender’s phone number:.....
   48         7. Persons within the State of Florida designated by Owner
   49  upon whom notices or other documents may be served as provided
   50  by Section 713.13(1)(a)7., Florida Statutes:
   51         a. Name and address:.....
   52         b. Phone numbers of designated persons:.....
   53         8.a. In addition to himself or herself, Owner designates
   54  ............ of ............ to receive a copy of the Lienor’s
   55  Notice as provided in Section 713.13(1)(b), Florida Statutes.
   56         b. Phone number of person or entity designated by
   57  owner:.....
   58         9. Expiration date of notice of commencement (the
   59  expiration date will be 1 year from the date of recording unless
   60  a different date is specified).....
   61  
   62  WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
   63  EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
   64  PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
   65  STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
   66  TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
   67  POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
   68  INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
   69  ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
   70  COMMENCEMENT.
   71  
   72  ...(Signature of Owner or Lessee, or Owner’s or Lessee’s
   73  Authorized Officer/Director/Partner/Manager)...
   74  
   75  ...(Signatory’s Title/Office)...
   76  
   77  The foregoing instrument was acknowledged before me this ....
   78  day of ...., ...(year)..., by ...(name of person)... as ...(type
   79  of authority, . . . e.g. officer, trustee, attorney in fact)...
   80  for ...(name of party on behalf of whom instrument was
   81  executed)....
   82  
   83  ...(Signature of Notary Public - State of Florida)...
   84  
   85  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
   86  
   87         Personally Known .... OR Produced Identification ....
   88  
   89         Type of Identification Produced............
   90         Section 2. This act shall take effect July 1, 2023.