Senate Bill 1206c2

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    Florida Senate - 1999                    CS for CS for SB 1206

    By the Committees on Commerce and Economic Opportunities;
    Judiciary; and Senator Webster




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  1                      A bill to be entitled

  2         An act relating to construction; amending s.

  3         468.621, F.S.; amending certain grounds for

  4         disciplinary action against building code

  5         administrators and building officials; amending

  6         s. 255.05, F.S., relating to payment bonds of

  7         contractors constructing public buildings;

  8         providing that the time periods required for

  9         providing certain notices or bringing certain

10         actions are not determined by the issuance of a

11         certificate of occupancy or a certificate of

12         substantial completion; amending s. 713.06,

13         F.S.; clarifying certain notice requirements

14         with respect to perfecting a lien for labor,

15         services, or materials furnished under

16         contract; amending s. 713.08, F.S.; providing

17         that the time period required for recording a

18         claim of lien is not determined by the issuance

19         of a certificate of occupancy or a certificate

20         of substantial completion; amending s. 713.135,

21         F.S.; requiring the issuing authority to verify

22         certain information in the notice of

23         commencement; providing an exemption for

24         certain direct contracts for repair or

25         replacement of heating or air-conditioning

26         systems; amending s. 713.16, F.S.; defining the

27         term "information"; specifying that the term

28         does not affect the requirement that certain

29         statements be given under oath; amending s.

30         713.18, F.S., relating to service of notices

31         and other instruments; amending s. 713.23,

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  1         F.S.; providing that the time periods required

  2         for serving a notice of nonpayment or bringing

  3         certain actions are not determined by the

  4         issuance of a certificate of occupancy or a

  5         certificate of substantial completion;

  6         specifying that amendments made to s. 713.16,

  7         F.S., are remedial in nature; providing for

  8         retroactive application; providing an effective

  9         date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Paragraph (a) of subsection (2) of section

14  255.05, Florida Statutes, 1998 Supplement, is amended to read:

15         255.05  Bond of contractor constructing public

16  buildings; form; action by materialmen.--

17         (2)(a)1.  If a claimant is no longer furnishing labor,

18  services, or materials on a project, a contractor or the

19  contractor's agent or attorney may elect to shorten the

20  prescribed time in this paragraph within which an action to

21  enforce any claim against a payment bond provided pursuant to

22  this section may be commenced by recording in the clerk's

23  office a notice in substantially the following form:

24

25                    NOTICE OF CONTEST OF CLAIM

26                       AGAINST PAYMENT BOND

27

28

29  To: ...(Name and address of claimant)...

30         You are notified that the undersigned contests your

31  notice of nonpayment, dated ............, ........, and served

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  1  on the undersigned on ............, ........, and that the

  2  time within which you may file suit to enforce your claim is

  3  limited to 60 days after the date of service of this notice.

  4

  5         DATED on ............, .........

  6

  7

  8  Signed:...(Contractor or Attorney)...

  9

10

11  The claim of any claimant upon whom such notice is served and

12  who fails to institute a suit to enforce his or her claim

13  against the payment bond within 60 days after service of such

14  notice shall be extinguished automatically. The clerk shall

15  mail a copy of the notice of contest to the claimant at the

16  address shown in the notice of nonpayment or most recent

17  amendment thereto and shall certify to such service on the

18  face of such notice and record the notice. Service is complete

19  upon mailing.

20         2.  A claimant, except a laborer, who is not in privity

21  with the contractor shall, before commencing or not later than

22  45 days after commencing to furnish labor, materials, or

23  supplies for the prosecution of the work, furnish the

24  contractor with a notice that he or she intends to look to the

25  bond for protection. A claimant who is not in privity with the

26  contractor and who has not received payment for his or her

27  labor, materials, or supplies shall deliver to the contractor

28  and to the surety written notice of the performance of the

29  labor or delivery of the materials or supplies and of the

30  nonpayment. The notice of nonpayment may be served at any time

31  during the progress of the work or thereafter but not before

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  1  45 days after the first furnishing of labor, services, or

  2  materials, and not later than 90 days after the final

  3  furnishing of the labor, services, or materials by the

  4  claimant or, with respect to rental equipment, not later than

  5  90 days after the date that the rental equipment was last on

  6  the job site available for use. No action for the labor,

  7  materials, or supplies may be instituted against the

  8  contractor or the surety unless both notices have been given.

  9  Notices required or permitted under this section may be served

10  in accordance with s. 713.18. An action, except for an action

11  exclusively for recovery of retainage, must be instituted

12  against the contractor or the surety on the payment bond or

13  the payment provisions of a combined payment and performance

14  bond within 1 year after the performance of the labor or

15  completion of delivery of the materials or supplies. An action

16  exclusively for recovery of retainage must be instituted

17  against the contractor or the surety within 1 year after the

18  performance of the labor or completion of delivery of the

19  materials or supplies, or within 90 days after the

20  contractor's receipt of final payment (or the payment estimate

21  containing the owner's final reconciliation of quantities if

22  no further payment is earned and due as a result of deductive

23  adjustments) by the contractor or surety, whichever comes

24  last. A claimant may not waive in advance his or her right to

25  bring an action under the bond against the surety.  In any

26  action brought to enforce a claim against a payment bond under

27  this section, the prevailing party is entitled to recover a

28  reasonable fee for the services of his or her attorney for

29  trial and appeal or for arbitration, in an amount to be

30  determined by the court, which fee must be taxed as part of

31  the prevailing party's costs, as allowed in equitable actions.

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  1  The time periods for service of a notice of nonpayment or for

  2  bringing an action against a contractor or a surety shall be

  3  measured from the last day of furnishing labor, services, or

  4  materials by the claimant and may not be measured by other

  5  standards, such as the issuance of a certificate of occupancy

  6  or the issuance of a certificate of substantial completion.

  7         Section 2.  Subsection (2) of section 713.06, Florida

  8  Statutes, 1998 Supplement, is amended to read:

  9         713.06  Liens of persons not in privity; proper

10  payments.--

11         (2)(a)  All lienors under this section, except

12  laborers, as a prerequisite to perfecting a lien under this

13  chapter and recording a claim of lien, must serve a notice on

14  the owner setting forth the lienor's name and address, a

15  description sufficient for identification of the real

16  property, and the nature of the services or materials

17  furnished or to be furnished. A sub-subcontractor or a

18  materialman to a subcontractor must serve a copy of the notice

19  on the contractor as a prerequisite to perfecting a lien under

20  this chapter and recording a claim of lien. A materialman to a

21  sub-subcontractor must serve a copy of the notice to owner on

22  the contractor as a prerequisite to perfecting a lien under

23  this chapter and recording a claim of lien. A materialman to a

24  sub-subcontractor shall serve the notice to owner on the

25  subcontractor if the materialman knows the name and address of

26  the subcontractor. The notice must be served before

27  commencing, or not later than 45 days after commencing, to

28  furnish his or her labor, services, or materials, but, in any

29  event, before the date of the owner's disbursement of the

30  final payment after the contractor has furnished the affidavit

31  under subparagraph (3)(d)1. The notice must be served

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  1  regardless of the method of payments by the owner, whether

  2  proper or improper, and does not give to the lienor serving

  3  the notice any priority over other lienors in the same

  4  category; and the failure to serve the notice, or to timely

  5  serve it, is a complete defense to enforcement of a lien by

  6  any person. The serving of the notice does not dispense with

  7  recording the claim of lien. The notice is not a lien, cloud,

  8  or encumbrance on the real property nor actual or constructive

  9  notice of any of them.

10         (b)  If the owner, in his or her notice of

11  commencement, has designated a person in addition to himself

12  or herself to receive a copy of such lienor's notice, as

13  provided in s. 713.13(1)(b), the lienor shall serve a copy of

14  his or her notice on the person so designated. The failure by

15  the lienor to serve such copy, however, does not invalidate an

16  otherwise valid lien.

17         (c)  The notice may must be in substantially the

18  following form and must contain the information and the

19  warning contained in the following form:

20

21  WARNING TO OWNER: UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE

22  THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY

23  AND YOUR PAYING TWICE.

24

25  TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN

26  RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR.

27

28                         NOTICE TO OWNER

29

30  To ...(Owner's name and address)...

31

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  1  The undersigned hereby informs you that he or she has

  2  furnished or is furnishing services or materials as follows:

  3  ...(General description of services or materials)... for the

  4  improvement of the real property identified as ...(property

  5  description)... under an order given by.............

  6

  7  Florida law prescribes the serving of this notice and

  8  restricts your right to make payments under your contract in

  9  accordance with Section 713.06, Florida Statutes.

10

11                    IMPORTANT INFORMATION FOR

12                         YOUR PROTECTION

13

14         Under Florida's laws, those who work on your property

15  or provide materials and are not paid have a right to enforce

16  their claim for payment against your property. This claim is

17  known as a construction lien.

18         If your contractor fails to pay subcontractors or

19  material suppliers or neglects to make other legally required

20  payments, the people who are owed money may look to your

21  property for payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN

22  FULL.

23

24  PROTECT YOURSELF:

25         --RECOGNIZE that this Notice to Owner may result in a

26  lien against your property unless all those supplying a Notice

27  to Owner have been paid.

28         --LEARN more about the Construction Lien Law, Chapter

29  713, Part I, Florida Statutes, and the meaning of this notice

30  by contacting an attorney or the Florida Department of

31  Business and Professional Regulation.

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  1                                      ...(Lienor's Signature)...

  2                                           ...(Lienor's Name)...

  3                                        ...(Lienor's Address)...

  4

  5  Copies to: ...(Those persons listed in Section 713.06(2)(a)

  6  and (b), Florida Statutes)...

  7

  8  The form may be combined with a notice to contractor given

  9  under s. 713.23 or s. 255.05, and, if so, may be entitled

10  "NOTICE TO OWNER/NOTICE TO CONTRACTOR."

11         (d)  A notice to an owner served on a lender must be in

12  writing, must be served in accordance with s. 713.18, and

13  shall be addressed to the persons designated, if any, and to

14  the place and address designated in the notice of

15  commencement.  Any lender who, after receiving a notice

16  provided under this subsection, pays a contractor on behalf of

17  the owner for an improvement shall make proper payments as

18  provided in paragraph (3)(c) as to each such notice received

19  by the lender. The failure of a lender to comply with this

20  paragraph renders the lender liable to the owner for all

21  damages sustained by the owner as a result of that failure.

22  This paragraph does not give any person other than an owner a

23  claim or right of action against a lender for the failure of

24  the lender to comply with this paragraph.  Further, this

25  paragraph does not prohibit a lender from disbursing

26  construction funds at any time directly to the owner, in which

27  event the lender has no obligation to make proper payments

28  under this paragraph.

29         (e)  A lienor, in the absence of a recorded notice of

30  commencement, may rely on the information contained in the

31

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  1  building permit application to serve the notice prescribed in

  2  paragraphs (a), (b), and (c).

  3         (f)  If a lienor has substantially complied with the

  4  provisions of paragraphs (a), (b), and (c), errors or

  5  omissions do not prevent the enforcement of a claim against a

  6  person who has not been adversely affected by such omission or

  7  error.  However, a lienor must strictly comply with the time

  8  requirements of paragraph (a).

  9         Section 3.  Subsection (5) of section 713.08, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         713.08  Claim of lien.--

12         (5)  The claim of lien may be recorded at any time

13  during the progress of the work or thereafter but not later

14  than 90 days after the final furnishing of the labor or

15  services or materials by the lienor; or, with respect to

16  rental equipment, within 90 days after the date that the

17  rental equipment was last on the job site available for use;

18  provided if the original contractor defaults or the contract

19  is terminated under s. 713.07(4), no claim for a lien

20  attaching prior to such default shall be recorded after 90

21  days from the date of such default or 90 days after the final

22  performance of labor or services or furnishing of materials,

23  whichever occurs first. The time period for recording a claim

24  of lien shall be measured from the last day of furnishing

25  labor, services, or materials by the lienor and may not be

26  measured by other standards, such as the issuance of a

27  certificate of occupancy or the issuance of a certificate of

28  substantial completion. The claim of lien shall be recorded in

29  the clerk's office.  If such real property is situated in two

30  or more counties, the claim of lien shall be recorded in the

31  clerk's office in each of such counties.  The recording of the

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  1  claim of lien shall be constructive notice to all persons of

  2  the contents and effect of such claim.  The validity of the

  3  lien and the right to record a claim therefor shall not be

  4  affected by the insolvency, bankruptcy, or death of the owner

  5  before the claim of lien is recorded.

  6         Section 4.  Subsections (1) and (4) of section 713.135,

  7  Florida Statutes, 1998 Supplement, are amended to read:

  8         713.135  Notice of commencement and applicability of

  9  lien.--

10         (1)  When any person applies for a building permit, the

11  authority issuing such permit shall:

12         (a)  Print on the face of each permit card in no less

13  than 18-point, capitalized, boldfaced type:  "WARNING TO

14  OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY

15  RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.

16  IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR

17  AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT."

18         (b)  Provide the applicant and the owner of the real

19  property upon which improvements are to be constructed with a

20  printed statement stating that the right, title, and interest

21  of the person who has contracted for the improvement may be

22  subject to attachment under the Construction Lien Law. The

23  Department of Business and Professional Regulation shall

24  furnish, for distribution, the statement described in this

25  paragraph, and the statement must be a summary of the

26  Construction Lien Law and must include an explanation of the

27  provisions of the Construction Lien Law relating to the

28  recording, and the posting of copies, of notices of

29  commencement and a statement encouraging the owner to record a

30  notice of commencement and post a copy of the notice of

31  commencement thereof in accordance with s. 713.13. However,

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  1  the failure by the authorities to provide the summary does not

  2  subject the issuing authority to liability.

  3         (c)  Inform each applicant who is not the person whose

  4  right, title, and interest is subject to attachment that, as a

  5  condition to the issuance of a building permit, the applicant

  6  must promise in good faith that the statement will be

  7  delivered to the person whose property is subject to

  8  attachment.

  9         (d)  Furnish to the applicant two or more copies of a

10  form of notice of commencement conforming with s. 713.13.  If

11  the direct contract is greater than $2,500, the applicant

12  shall file with the issuing authority prior to the first

13  inspection either a certified copy of the recorded notice of

14  commencement or a notarized statement that the notice of

15  commencement has been filed for recording, along with a copy

16  thereof.  In the absence of the filing of a certified copy of

17  the recorded notice of commencement, the issuing authority

18  shall not perform or approve subsequent inspections until the

19  applicant files by mail, facsimile, hand delivery, or any

20  other means such certified copy with the issuing authority.

21  The certified copy of the notice of commencement must contain

22  the name and address of the owner, the name and address of the

23  contractor, and the location or address of the property being

24  improved. The issuing authority shall verify that the name and

25  address of the owner, the name of the contractor, and the

26  location or address of the property being improved which is

27  contained in the certified copy of the notice of commencement

28  is consistent with the same information in the building permit

29  application. The issuing authority shall provide the recording

30  information on the certified copy of the recorded notice of

31  commencement to any person upon request. This subsection does

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  1  not require Nothing herein shall be interpreted as requiring

  2  or encouraging the recording of a notice of commencement prior

  3  to the issuance of a building permit. If a local government

  4  requires a separate permit or inspection for installation of

  5  temporary electrical service or other temporary utility

  6  service, land clearing, or other preliminary site work, such

  7  permits may be issued and such inspections may be conducted

  8  without providing the issuing authority with a certified copy

  9  of a recorded notice of commencement or a notarized statement

10  regarding a recorded notice of commencement. This paragraph

11  does not apply to a direct contract to repair or replace an

12  existing heating or air-conditioning system in an amount less

13  than $5,000.

14         (4)  An issuing authority under subsection (1) is not

15  liable in any civil action for the failure to verify that a

16  certified copy of the recorded notice of commencement has been

17  filed in accordance with this section.

18         Section 5.  Subsection (6) is added to section 713.16,

19  Florida Statutes, to read:

20         713.16  Demand for copy of contract and statements of

21  account; form.--

22         (6)  For purposes of this section, the term

23  "information" means information concerning the nature and

24  quantity of the labor, services, and materials furnished or to

25  be furnished and the amount paid, the amount due, and the

26  amount to become due on the account. The term "information"

27  does not mean or affect, in any way, the requirement in this

28  section that the statement must be given under oath.

29         Section 6.  Section 713.18, Florida Statutes, 1998

30  Supplement, is amended to read:

31

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  1         713.18  Manner of serving notices and other

  2  instruments.--

  3         (1)  Service of notices, claims of lien, affidavits,

  4  assignments, and other instruments permitted or required under

  5  this part, or copies thereof when so permitted or required,

  6  unless otherwise specifically provided in this part, must be

  7  made by one of the following methods:

  8         (a)  By actual delivery to the person to be served; or,

  9  if a partnership, to one of the partners; or, if a

10  corporation, to an officer, director, managing agent, or

11  business agent thereof.

12         (b)  By mailing the same, postage prepaid, by

13  registered or certified mail to the person to be served at her

14  or his last known address and evidence of delivery. If a

15  notice to owner or a notice to contractor under s. 713.23 is

16  mailed pursuant to this paragraph within 40 days after the

17  date the lienor first furnishes labor, services, or materials,

18  service of that notice is effective as of the date of mailing

19  if the person who served the notice maintains a registered or

20  certified mail log that shows the date the notice was served,

21  the registered or certified mail number issued by the United

22  States Postal Service, the name and address of the person

23  served, and the date stamp of the United States Postal Service

24  confirming the date of mailing. If an instrument served

25  pursuant to this paragraph to the last address shown in the

26  notice of commencement or any amendment thereto or, in the

27  absence of a notice of commencement, to the last address shown

28  in the building permit application is not received, but is

29  returned by the United States Postal Service as being

30  "refused," "moved, not forwardable," or "unclaimed," or is

31  otherwise not delivered or deliverable through no fault of the

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  1  person serving the item, then service is effective as of the

  2  date of mailing.

  3         (c)  If neither of the foregoing methods can be

  4  accomplished, by posting on the premises.

  5         (2)  If the real property is owned by more than one

  6  person, a lienor may serve any notices or other papers under

  7  this part on any one of such owners, and such notice is deemed

  8  notice to all owners.

  9         (3)  Service of notices or copies thereof, permitted or

10  required under this part, may be made by facsimile

11  transmission when the person being served has listed that

12  person's facsimile phone number in the Notice of Commencement.

13  The lienor's facsimile confirmation sheet with the correct

14  facsimile phone number shall be proof of the date and time the

15  notice was served.

16         Section 7.  Paragraphs (d) and (e) of subsection (1) of

17  section 713.23, Florida Statutes, 1998 Supplement, are amended

18  to read:

19         713.23  Payment bond.--

20         (1)

21         (d)  In addition, a lienor is required, as a condition

22  precedent to recovery under the bond, to serve a written

23  notice of nonpayment to the contractor and the surety not

24  later than 90 days after the final furnishing of labor,

25  services, or materials by the lienor.  A written notice

26  satisfies this condition precedent with respect to the payment

27  described in the notice of nonpayment and with respect to any

28  other payments which become due to the lienor after the date

29  of the notice of nonpayment. The time period for serving a

30  written notice of nonpayment shall be measured from the last

31  day of furnishing labor, services, or materials by the lienor

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  1  and may not be measured by other standards, such as the

  2  issuance of a certificate of occupancy or the issuance of a

  3  certificate of substantial completion. The failure of a lienor

  4  to receive retainage sums not in excess of 10 percent of the

  5  value of labor, services, or materials furnished by the lienor

  6  is not considered a nonpayment requiring the service of the

  7  notice provided under this paragraph. The notice under this

  8  paragraph may be in substantially the following form:

  9

10                       NOTICE OF NONPAYMENT

11

12  To ...(name of contractor and address)...

13

14  ...(name of surety and address)...

15

16  The undersigned notifies you that he or she has furnished

17  ...(describe labor, services, or materials)... for the

18  improvement of the real property identified as ...(property

19  description)....  The amount now due and unpaid is $.....

20

21                         ...(signature and address of lienor)...

22

23         (e)  No action for the labor or materials or supplies

24  may be instituted or prosecuted against the contractor or

25  surety unless both notices have been given.  No action shall

26  be instituted or prosecuted against the contractor or against

27  the surety on the bond under this section after 1 year from

28  the performance of the labor or completion of delivery of the

29  materials and supplies. The time period for bringing an action

30  against the contractor or surety on the bond shall be measured

31  from the last day of furnishing labor, services, or materials

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  1  by the lienor and shall not be measured by other standards,

  2  such as the issuance of a certificate of occupancy or the

  3  issuance of a certificate of substantial completion. A

  4  contractor or the contractor's agent or attorney may elect to

  5  shorten the prescribed time within which an action to enforce

  6  any claim against a payment bond provided pursuant to this

  7  section or s. 713.245 may be commenced by recording in the

  8  clerk's office a notice in substantially the following form:

  9

10                    NOTICE OF CONTEST OF CLAIM

11                       AGAINST PAYMENT BOND

12

13  To:  ...(Name and address of lienor)...

14         You are notified that the undersigned contests your

15  notice of nonpayment, dated ...., ...., and served on the

16  undersigned on ...., ...., and that the time within which you

17  may file suit to enforce your claim is limited to 60 days from

18  the date of service of this notice.

19

20  DATED on ...., .....

21

22  Signed: ...(Contractor or Attorney)...

23

24

25  The claim of any lienor upon whom such notice is served and

26  who fails to institute a suit to enforce his or her claim

27  against the payment bond within 60 days after service of such

28  notice shall be extinguished automatically. The clerk shall

29  mail a copy of the notice of contest to the lienor at the

30  address shown in the notice of nonpayment or most recent

31  amendment thereto and shall certify to such service on the

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  1  face of such notice and record the notice. Service is complete

  2  upon mailing.

  3         Section 8.  Paragraph (g) of subsection (1) of section

  4  468.621, Florida Statutes, 1998 Supplement, is amended to

  5  read:

  6         468.621  Disciplinary proceedings.--

  7         (1)  The following acts constitute grounds for which

  8  the disciplinary actions in subsection (2) may be taken:

  9         (g)  Failing to properly enforce applicable building

10  codes by committing Committing willful misconduct, gross

11  negligence, gross misconduct, repeated negligence, or

12  negligence resulting in a significant danger to life or

13  property by failure to properly enforce applicable building

14  codes.

15         Section 9.  The amendment to section 713.16, Florida

16  Statutes, in this act is remedial in nature. The amendment is

17  consistent with plain meaning and the original intent of

18  section 319 of chapter 94-119, Laws of Florida. Accordingly,

19  it is the intent of the Legislature that the amendment to

20  section 713.16, Florida Statutes, in this act apply

21  retroactively to May 4, 1994.

22         Section 10.  This act shall take effect October 1,

23  1999.

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






    Florida Senate - 1999                    CS for CS for SB 1206
    310-1964-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                     CS for Senate Bill 1206

  3

  4  Provides that notices required or permitted under s. 255.05,
    F.S., may be served in accordance with s. 713.18, F.S., which
  5  provides for delivery, delivery by certified mail, and posting
    in certain circumstances.
  6
    Removes a provision that would have permitted service of
  7  notices, claims of lien, affidavits, and other instruments by
    overnight or second-day delivery under s. 713.18, F.S.
  8
    Amends s. 713.16, F.S., to provide that the term "information"
  9  means the nature and quantity of labor, services, and
    materials furnished or to be furnished and the amount paid,
10  the amount due, and the amount to become due on account and to
    provide that the term information does not mean or affect, in
11  any way, the requirement in this section that a statement of
    account must be given under oath. Provides that this revision
12  to the statute is to be applied retroactively to 1994.

13  Removes a requirement that an issuing authority verify that
    the address of the contractor contained in the copy of the
14  notice of commencement is consistent with the building permit
    application.
15
    Amends s. 468.621, F.S., to provide that failing to properly
16  enforce applicable building codes by committing willful
    misconduct, gross negligence, gross misconduct, repeated
17  negligence, or negligence resulting in a significant danger to
    life or property is a ground for disciplinary proceedings
18  against certain building code administrators and inspectors.

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