HB 941

1
A bill to be entitled
2An act relating to construction liens; amending s. 713.10,
3F.S.; specifying that a lessor's interest in property is
4not subject to a construction lien for improvements made
5by a lessee if certain documents containing specific
6information and meeting certain criteria are recorded in
7the official records of the county before the recording of
8a notice of commencement; authorizing certain contractors
9and lienors to demand that a lessor serve verified copies
10of a lease prohibiting liability for improvements made by
11a lessee; subjecting the interest of a lessor to a
12specified lien for failing to serve such verified copies
13or serving a false or fraudulent copy; requiring that the
14demand include a specified warning; amending s. 713.13,
15F.S.; revising the form for notice of commencement to
16include information relating to the obligations of a
17lessee who contracts for improvements to property;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 713.10, Florida Statutes, is amended to
23read:
24     713.10  Extent of liens.-
25     (1)  Except as provided in s. 713.12, a lien under this
26part shall extend to, and only to, the right, title, and
27interest of the person who contracts for the improvement as such
28right, title, and interest exists at the commencement of the
29improvement or is thereafter acquired in the real property. When
30an improvement is made by a lessee in accordance with an
31agreement between such lessee and her or his lessor, the lien
32shall extend also to the interest of such lessor.
33     (2)(a)  When the lease expressly provides that the interest
34of the lessor shall not be subject to liens for improvements
35made by the lessee, the lessee shall notify the contractor
36making any such improvements of such provision or provisions in
37the lease, and the knowing or willful failure of the lessee to
38provide such notice to the contractor shall render the contract
39between the lessee and the contractor voidable at the option of
40the contractor.
41     (b)  The interest of the lessor shall not be subject to
42liens for improvements made by the lessee when:
43     1.  The lease, or a short form or a memorandum of the lease
44that contains the specific language in the lease prohibiting
45such liability, is recorded in the official records of the
46county where the premises are located before the recording of a
47notice of commencement for improvements to the premises
48     (1)  The lease or a short form thereof is recorded in the
49clerk's office and the terms of the lease expressly prohibit
50such liability; or
51     2.(2)  The terms All of the lease expressly prohibit such
52liability and a notice advising that leases entered into by a
53lessor for the rental of premises on a parcel of land prohibit
54such liability and a notice which sets forth the following is
55has been recorded by the lessor in the official public records
56of the county in which the parcel of land is located before the
57recording of a notice of commencement for improvements to the
58premises and the notice includes the following:
59     a.(a)  The name of the lessor.
60     b.(b)  The legal description of the parcel of land to which
61the notice applies.
62     c.(c)  The specific language contained in the various
63leases prohibiting such liability.
64     d.(d)  A statement that all or a majority of the leases
65entered into for premises on the parcel of land expressly
66prohibit such liability contain the language identified in
67paragraph (c).
68     (3)  The lessee is a mobile home owner who is leasing a
69mobile home lot in a mobile home park from the lessor.
70     (3)  Any contractor or lienor under contract to furnish
71improvements being made by a lessee may serve written demand on
72the lessor for a copy of the provision in the lease prohibiting
73liability for improvements made by the lessee, which copy shall
74be verified under s. 92.525. The demand must identify the lessee
75and the premises being improved and must be in a document that
76is separate from the notice to the owner as provided in s.
77713.06(2). The interest of any lessor who does not serve a
78verified copy of the lease provision within 30 days after
79demand, or who serves a false or fraudulent copy, is subject to
80a lien under this part by the contractor or lienor who made the
81demand if the contractor or lienor is otherwise entitled to a
82lien under this part and did not have actual or constructive
83notice that the interest of the lessor was not subject to a lien
84for improvements made by the lessee. The written demand must
85include a warning in conspicuous type in substantially the
86following form:
87
WARNING
88YOUR FAILURE TO SERVE THE REQUESTED VERIFIED COPY
89WITHIN 30 DAYS OR THE SERVICE OF A FALSE COPY MAY
90RESULT IN YOUR PROPERTY BEING SUBJECT TO THE CLAIM OF
91LIEN OF THE PERSON REQUESTING THE VERIFIED COPY.
92     Section 2.  Paragraphs (a) and (d) of subsection (1) of
93section 713.13, Florida Statutes, are amended to read:
94     713.13  Notice of commencement.-
95     (1)(a)  Except for an improvement that is exempt pursuant
96to s. 713.02(5), an owner or the owner's authorized agent before
97actually commencing to improve any real property, or
98recommencing completion of any improvement after default or
99abandonment, whether or not a project has a payment bond
100complying with s. 713.23, shall record a notice of commencement
101in the clerk's office and forthwith post either a certified copy
102thereof or a notarized statement that the notice of commencement
103has been filed for recording along with a copy thereof. The
104notice of commencement shall contain the following information:
105     1.  A description sufficient for identification of the real
106property to be improved. The description should include the
107legal description of the property and also should include the
108street address and tax folio number of the property if available
109or, if there is no street address available, such additional
110information as will describe the physical location of the real
111property to be improved.
112     2.  A general description of the improvement.
113     3.  The name and address of the owner, the owner's interest
114in the site of the improvement, and the name and address of the
115fee simple titleholder, if other than such owner. A lessee who
116contracts for the improvements is an owner as defined under s.
117713.01(23) and must be listed as the owner.
118     4.  The name and address of the contractor.
119     5.  The name and address of the surety on the payment bond
120under s. 713.23, if any, and the amount of such bond.
121     6.  The name and address of any person making a loan for
122the construction of the improvements.
123     7.  The name and address within the state of a person other
124than himself or herself who may be designated by the owner as
125the person upon whom notices or other documents may be served
126under this part; and service upon the person so designated
127constitutes service upon the owner.
128     (d)  A notice of commencement must be in substantially the
129following form:
130
131Permit No.....     Tax Folio No.....
132
NOTICE OF COMMENCEMENT
133State of....
134County of....
135
136The undersigned hereby gives notice that improvement will be
137made to certain real property, and in accordance with Chapter
138713, Florida Statutes, the following information is provided in
139this Notice of Commencement.
140     1.  Description of property: ...(legal description of the
141property, and street address if available)....
142     2.  General description of improvement:.....
143     3.  Owner information (A contracting party who is a lessee
144is an owner as defined under section 713.01(23), Florida
145Statutes, and must be listed here as the owner):.....
146     a.  Name and address:.....
147     b.  Interest in property:.....
148     c.  Name and address of fee simple titleholder (if other
149than Owner):.....
150     4.a.  Contractor: ...(name and address)....
151     b.  Contractor's phone number:.....
152     5.  Surety
153     a.  Name and address:.....
154     b.  Phone number:.....
155     c.  Amount of bond: $.....
156     6.a.  Lender: ...(name and address)....
157     b.  Lender's phone number:.....
158     7.a.  Persons within the State of Florida designated by
159Owner upon whom notices or other documents may be served as
160provided by Section 713.13(1)(a)7., Florida Statutes: ...(name
161and address)....
162     b.  Phone numbers of designated persons:.....
163     8.a.  In addition to himself or herself, Owner designates
164............ of ............ to receive a copy of the Lienor's
165Notice as provided in Section 713.13(1)(b), Florida Statutes.
166     b.  Phone number of person or entity designated by
167owner:.....
168     9.  Expiration date of notice of commencement (the
169expiration date is 1 year from the date of recording unless a
170different date is specified).....
171
172WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
173EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
174PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
175STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
176TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
177POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
178INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
179ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
180COMMENCEMENT.
181
182...(Signature of Owner or Owner's Authorized
183Officer/Director/Partner/Manager/Lessee-a contracting party who
184is a lessee meets the definition of owner under section
185713.01(23), Florida Statutes, and should sign here as the
186owner)...
187...(Signatory's Title/Office)...
188
189The foregoing instrument was acknowledged before me this ....
190day of ...., ...(year)..., by ...(name of person)... as ...(type
191of authority, . . . e.g. officer, trustee, attorney in fact)...
192for ...(name of party on behalf of whom instrument was
193executed)....
194
195...(Signature of Notary Public - State of Florida)...
196...(Print, Type, or Stamp Commissioned Name of Notary Public)...
197     Personally Known .... OR Produced Identification ....
198     Type of Identification Produced............
199
200Verification pursuant to Section 92.525, Florida Statutes.
201
202Under penalties of perjury, I declare that I have read the
203foregoing and that the facts stated in it are true to the best
204of my knowledge and belief.
205
206...(Signature of Natural Person Signing Above)...
207     Section 3.  This act shall take effect October 1, 2011.


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