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





                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Merchant offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

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

18  255.05, Florida Statutes, 1998 Supplement, is amended to read:

19         255.05  Bond of contractor constructing public

20  buildings; form; action by materialmen.--

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

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

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

24  prescribed time in this paragraph within which an action to

25  enforce any claim against a payment bond provided pursuant to

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

27  office a notice in substantially the following form:

28

29                    NOTICE OF CONTEST OF CLAIM

30                       AGAINST PAYMENT BOND

31

                                  1

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1

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

 3         You are notified that the undersigned contests your

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

 5  on the undersigned on ............, ........, and that the

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

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

 8

 9         DATED on ............, .........

10

11

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

13

14

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

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

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

18  notice shall be extinguished automatically. The clerk shall

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

20  address shown in the notice of nonpayment or most recent

21  amendment thereto and shall certify to such service on the

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

23  upon mailing.

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

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

26  45 days after commencing to furnish labor, materials, or

27  supplies for the prosecution of the work, furnish the

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

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

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

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

                                  2

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





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

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

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

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

 5  45 days after the first furnishing of labor, services, or

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

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

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

 9  90 days after the date that the rental equipment was last on

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

11  materials, or supplies may be instituted against the

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

13  Notices required or permitted under this section may be served

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

15  exclusively for recovery of retainage, must be instituted

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

17  the payment provisions of a combined payment and performance

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

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

20  exclusively for recovery of retainage must be instituted

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

22  performance of the labor or completion of delivery of the

23  materials or supplies, or within 90 days after the

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

25  containing the owner's final reconciliation of quantities if

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

27  adjustments) by the contractor or surety, whichever comes

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

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

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

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

                                  3

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





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

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

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

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

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

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

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

 8  materials by the claimant and shall not be measured by other

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

10  or the issuance of a certificate of substantial completion.

11         Section 2.  Effective upon becoming a law, subsection

12  (2) of section 713.06, Florida Statutes, 1998 Supplement, is

13  amended to read:

14         713.06  Liens of persons not in privity; proper

15  payments.--

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

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

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

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

20  description sufficient for identification of the real

21  property, and the nature of the services or materials

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

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

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

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

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

27  the contractor as a prerequisite to perfecting a lien under

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

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

30  subcontractor if the materialman knows the name and address of

31  the subcontractor. The notice must be served before

                                  4

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





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

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

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

 4  final payment after the contractor has furnished the affidavit

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

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

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

 8  the notice any priority over other lienors in the same

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

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

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

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

13  or encumbrance on the real property nor actual or constructive

14  notice of any of them.

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

16  commencement, has designated a person in addition to himself

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

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

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

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

21  otherwise valid lien.

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

23  following form and must include the information and the

24  warning contained in the following form:

25

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

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

28  AND YOUR PAYING TWICE.

29

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

31  RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR.

                                  5

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1

 2                         NOTICE TO OWNER

 3

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

 5

 6  The undersigned hereby informs you that he or she has

 7  furnished or is furnishing services or materials as follows:

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

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

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

11

12  Florida law prescribes the serving of this notice and

13  restricts your right to make payments under your contract in

14  accordance with Section 713.06, Florida Statutes.

15

16                    IMPORTANT INFORMATION FOR

17                         YOUR PROTECTION

18

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

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

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

22  known as a construction lien.

23         If your contractor fails to pay subcontractors or

24  material suppliers or neglects to make other legally required

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

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

27  FULL.

28

29  PROTECT YOURSELF:

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

31  lien against your property unless all those supplying a Notice

                                  6

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1  to Owner have been paid.

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

 3  713, Part I, Florida Statutes, and the meaning of this notice

 4  by contacting an attorney or the Florida Department of

 5  Business and Professional Regulation.

 6                                      ...(Lienor's Signature)...

 7                                           ...(Lienor's Name)...

 8                                        ...(Lienor's Address)...

 9

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

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

12

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

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

15  "NOTICE TO OWNER/NOTICE TO CONTRACTOR."

16

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

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

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

20  the place and address designated in the notice of

21  commencement.  Any lender who, after receiving a notice

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

23  the owner for an improvement shall make proper payments as

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

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

26  paragraph renders the lender liable to the owner for all

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

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

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

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

31  paragraph does not prohibit a lender from disbursing

                                  7

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





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

 2  event the lender has no obligation to make proper payments

 3  under this paragraph.

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

 5  commencement, may rely on the information contained in the

 6  building permit application to serve the notice prescribed in

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

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

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

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

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

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

13  requirements of paragraph (a).

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

15  Statutes, 1998 Supplement, is amended to read:

16         713.08  Claim of lien.--

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

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

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

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

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

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

23  provided if the original contractor defaults or the contract

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

25  attaching prior to such default shall be recorded after 90

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

27  performance of labor or services or furnishing of materials,

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

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

30  labor, services, or materials by the lienor and shall not be

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

                                  8

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1  certificate of occupancy or the issuance of a certificate of

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

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

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

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

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

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

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

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

10  before the claim of lien is recorded.

11         Section 4.  Subsection (1) of section 713.135, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         713.135  Notice of commencement and applicability of

14  lien.--

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

16  authority issuing such permit shall:

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

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

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

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

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

22  AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT."

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

24  property upon which improvements are to be constructed with a

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

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

27  subject to attachment under the Construction Lien Law. The

28  Department of Business and Professional Regulation shall

29  furnish, for distribution, the statement described in this

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

31  Construction Lien Law and must include an explanation of the

                                  9

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1  provisions of the Construction Lien Law relating to the

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

 3  commencement and a statement encouraging the owner to record a

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

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

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

 7  subject the issuing authority to liability.

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

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

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

11  must promise in good faith that the statement will be

12  delivered to the person whose property is subject to

13  attachment.

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

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

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

17  shall file with the issuing authority prior to the first

18  inspection either a certified copy of the recorded notice of

19  commencement or a notarized statement that the notice of

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

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

22  the recorded notice of commencement, the issuing authority

23  shall not perform or approve subsequent inspections until the

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

25  other means such certified copy with the issuing authority.

26  The certified copy of the notice of commencement must contain

27  the name and address of the owner, the name and address of the

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

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

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

31  location or address of the property being improved which is

                                  10

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1  contained in the certified copy of the notice of commencement

 2  is consistent with the information in the building permit

 3  application. The issuing authority shall provide the recording

 4  information on the certified copy of the recorded notice of

 5  commencement to any person upon request. This subsection does

 6  not require Nothing herein shall be interpreted as requiring

 7  or encouraging the recording of a notice of commencement prior

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

 9  requires a separate permit or inspection for installation of

10  temporary electrical service or other temporary utility

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

12  permits may be issued and such inspections may be conducted

13  without providing the issuing authority with a certified copy

14  of a recorded notice of commencement or a notarized statement

15  regarding a recorded notice of commencement. This subsection

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

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

18  than $5,000.

19         Section 5.  (1)  Upon this act becoming a law,

20  subsection (6) is added to section 713.16, Florida Statutes,

21  to read:

22         713.16  Demand for copy of contract and statements of

23  account; form.--

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

25  "information" means the nature and quantity of the labor,

26  services, and materials furnished or to be furnished by a

27  lienor and the amount paid, the amount due, and the amount to

28  become due on the lienor's account. The failure to furnish the

29  statement under oath does not constitute an omission of

30  information and shall deprive the lienor of his or her lien.

31         (2)  The amendment to this section is remedial in

                                  11

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1  nature. The amendment is consistent with the plain meaning and

 2  the original intent of s. 319 of chapter 94-119, Laws of

 3  Florida. Accordingly, it is the intent of the Legislature that

 4  the amendment to this section shall become effective

 5  immediately upon becoming law, and shall apply retroactively

 6  to May 4, 1994.

 7         Section 6.  Section 713.18, Florida Statutes, 1998

 8  Supplement, is amended to read:

 9         713.18  Manner of serving notices and other

10  instruments.--

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

12  assignments, and other instruments permitted or required under

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

14  unless otherwise specifically provided in this part, must be

15  made by one of the following methods:

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

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

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

19  business agent thereof.

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

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

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

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

24  mailed pursuant to this paragraph within 40 days after the

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

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

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

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

29  the registered or certified mail number issued by the United

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

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

                                  12

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1  confirming the date of mailing. If an instrument served

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

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

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

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

 6  returned by the United States Postal Service as being

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

 8  otherwise not delivered or deliverable through no fault of the

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

10  date of mailing.

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

12  accomplished, by posting on the premises.

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

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

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

16  notice to all owners.

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

18  required under this part, may be made by facsimile

19  transmission when the person being served has listed that

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

21  The lienor's facsimile confirmation sheet with the correct

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

23  notice was served.

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

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

26  to read:

27         713.23  Payment bond.--

28         (1)

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

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

31  notice of nonpayment to the contractor and the surety not

                                  13

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





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

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

 3  satisfies this condition precedent with respect to the payment

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

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

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

 7  written notice of nonpayment shall be measured from the last

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

 9  and shall not be measured by other standards, such as the

10  issuance of a certificate of occupancy or the issuance of a

11  certificate of substantial completion. The failure of a lienor

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

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

14  is not considered a nonpayment requiring the service of the

15  notice provided under this paragraph. The notice under this

16  paragraph may be in substantially the following form:

17

18                       NOTICE OF NONPAYMENT

19

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

21

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

23

24  The undersigned notifies you that he or she has furnished

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

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

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

28

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

30

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

                                  14

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1  may be instituted or prosecuted against the contractor or

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

 3  be instituted or prosecuted against the contractor or against

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

 5  the performance of the labor or completion of delivery of the

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

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

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

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

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

11  issuance of a certificate of substantial completion. A

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

13  shorten the prescribed time within which an action to enforce

14  any claim against a payment bond provided pursuant to this

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

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

17

18                    NOTICE OF CONTEST OF CLAIM

19                       AGAINST PAYMENT BOND

20

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

22         You are notified that the undersigned contests your

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

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

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

26  the date of service of this notice.

27

28  DATED on ...., .....

29

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

31

                                  15

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                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1

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

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

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

 5  notice shall be extinguished automatically. The clerk shall

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

 7  address shown in the notice of nonpayment or most recent

 8  amendment thereto and shall certify to such service on the

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

10  upon mailing.

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

12  468.621, Florida Statutes, 1998 Supplement, is amended to

13  read:

14         468.621  Disciplinary proceedings.--

15         (1)  The following acts constitute grounds for which

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

17         (g)  Failing to properly enforce applicable building

18  codes by committing willful misconduct, gross negligence,

19  gross misconduct, repeated negligence, or negligence resulting

20  in a significant danger to life or property by failure to

21  properly enforce applicable building codes.

22         Section 9.  Except as otherwise provided herein, this

23  act shall take effect October 1, 1999.

24

25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28  remove from the title of the bill:  the entire title

29

30  and insert in lieu thereof:

31                      A bill to be entitled

                                  16

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    hbd0002                     07:56 am         00681-0083-861589




                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1         An act relating to construction; amending s.

 2         468.621, F.S.; amending certain grounds for

 3         disciplinary action against building code

 4         administrators and building officials; amending

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

 6         contractors constructing public buildings;

 7         providing that the time periods required for

 8         providing certain notices or bringing certain

 9         actions are not determined by the issuance of a

10         certificate of occupancy or a certificate of

11         substantial completion; amending s. 713.06,

12         F.S.; clarifying certain notice requirements

13         with respect to perfecting a lien for labor,

14         services, or materials furnished under

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

16         that the time period required for recording a

17         claim of lien is not determined by the issuance

18         of a certificate of occupancy or a certificate

19         of substantial completion; amending s. 713.135,

20         F.S.; clarifying circumstances under which an

21         entity issuing a building permit is subject to

22         disciplinary procedures; providing an

23         exception; amending s. 713.16, F.S.; providing

24         a definition; providing legislative intent;

25         amending s. 713.18, F.S., relating to service

26         of notices and other instruments; amending s.

27         713.23, F.S.; providing that the time periods

28         required for serving a notice of nonpayment or

29         bringing certain actions are not determined by

30         the issuance of a certificate of occupancy or a

31         certificate of substantial completion;

                                  17

    File original & 9 copies    04/09/99
    hbd0002                     07:56 am         00681-0083-861589




                                                   HOUSE AMENDMENT

    513-190AXB-06                               Bill No. CS/HB 681

    Amendment No. 1 (for drafter's use only)





 1         providing effective dates.

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    File original & 9 copies    04/09/99
    hbd0002                     07:56 am         00681-0083-861589