House Bill 0681e2

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                                       CS/HB 681, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to construction; creating s.

  3         47.025, F.S.; providing that certain venue

  4         provisions in a contract for improvement of

  5         real property are void; specifying appropriate

  6         venue for actions against resident contractors,

  7         subcontractors, sub-subcontractors, and

  8         materialmen; amending s. 468.621, F.S.;

  9         amending certain grounds for disciplinary

10         action against building code administrators and

11         building officials; amending s. 255.05, F.S.,

12         relating to payment bonds of contractors

13         constructing public buildings; providing that

14         the time periods required for providing certain

15         notices or bringing certain actions are not

16         determined by the issuance of a certificate of

17         occupancy or a certificate of substantial

18         completion; amending s. 713.06, F.S.;

19         clarifying certain notice requirements with

20         respect to perfecting a lien for labor,

21         services, or materials furnished under

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

23         that the time period required for recording a

24         claim of lien is not determined by the issuance

25         of a certificate of occupancy or a certificate

26         of substantial completion; amending s. 713.135,

27         F.S.; clarifying circumstances under which an

28         entity issuing a building permit is subject to

29         disciplinary procedures; providing an

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

31         a definition; providing legislative intent;


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                                       CS/HB 681, Second Engrossed



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

  2         of notices and other instruments; amending s.

  3         713.23, F.S.; providing that the time periods

  4         required for serving a notice of nonpayment or

  5         bringing certain actions are not determined by

  6         the issuance of a certificate of occupancy or a

  7         certificate of substantial completion;

  8         providing for the effect of a waiver and

  9         release of lien; providing effective dates.

10

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

12

13         Section 1.  Section 47.025, Florida Statutes, is

14  created to read:

15         47.025  Actions against contractors.--Any venue

16  provision in a contract for improvement to real property which

17  requires legal action involving a resident contractor,

18  subcontractor, sub-subcontractor, or materialman, as defined

19  in s. 713.01, to be brought outside this state is void as a

20  matter of public policy. To the extent that the venue

21  provision in the contract is void under this section, any

22  legal action arising out of that contract shall be brought

23  only in this state in the county where the defendant resides,

24  where the cause of action accrued, or where the property in

25  litigation is located, unless, after the dispute arises, the

26  parties stipulate to another venue.

27         Section 2.  Paragraph (a) of subsection (2) of section

28  255.05, Florida Statutes, 1998 Supplement, is amended to read:

29         255.05  Bond of contractor constructing public

30  buildings; form; action by materialmen.--

31


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                                       CS/HB 681, Second Engrossed



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

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

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

  4  prescribed time in this paragraph within which an action to

  5  enforce any claim against a payment bond provided pursuant to

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

  7  office a notice in substantially the following form:

  8

  9                    NOTICE OF CONTEST OF CLAIM

10                       AGAINST PAYMENT BOND

11

12

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

14         You are notified that the undersigned contests your

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

16  on the undersigned on ............, ........, and that the

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

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

19

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

21

22

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

24

25

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

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

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

29  notice shall be extinguished automatically. The clerk shall

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

31  address shown in the notice of nonpayment or most recent


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                                       CS/HB 681, Second Engrossed



  1  amendment thereto and shall certify to such service on the

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

  3  upon mailing.

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

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

  6  45 days after commencing to furnish labor, materials, or

  7  supplies for the prosecution of the work, furnish the

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

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

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

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

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

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

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

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

16  45 days after the first furnishing of labor, services, or

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

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

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

20  90 days after the date that the rental equipment was last on

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

22  materials, or supplies may be instituted against the

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

24  Notices required or permitted under this section may be served

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

26  exclusively for recovery of retainage, must be instituted

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

28  the payment provisions of a combined payment and performance

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

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

31  exclusively for recovery of retainage must be instituted


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                                       CS/HB 681, Second Engrossed



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

  2  performance of the labor or completion of delivery of the

  3  materials or supplies, or within 90 days after the

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

  5  containing the owner's final reconciliation of quantities if

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

  7  adjustments) by the contractor or surety, whichever comes

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

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

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

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

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

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

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

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

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

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

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

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

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

21  or the issuance of a certificate of substantial completion.

22         Section 3.  Effective upon becoming a law, subsection

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

24  amended to read:

25         713.06  Liens of persons not in privity; proper

26  payments.--

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

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

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

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

31  description sufficient for identification of the real


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                                       CS/HB 681, Second Engrossed



  1  property, and the nature of the services or materials

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

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

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

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

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

  7  the contractor as a prerequisite to perfecting a lien under

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

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

10  subcontractor if the materialman knows the name and address of

11  the subcontractor. The notice must be served before

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

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

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

15  final payment after the contractor has furnished the affidavit

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

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

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

19  the notice any priority over other lienors in the same

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

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

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

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

24  or encumbrance on the real property nor actual or constructive

25  notice of any of them.

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

27  commencement, has designated a person in addition to himself

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

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

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

31


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                                       CS/HB 681, Second Engrossed



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

  2  otherwise valid lien.

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

  4  following form and must include the information and the

  5  warning contained in the following form:

  6

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

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

  9  AND YOUR PAYING TWICE.

10

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

12  RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR.

13

14                         NOTICE TO OWNER

15

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

17

18  The undersigned hereby informs you that he or she has

19  furnished or is furnishing services or materials as follows:

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

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

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

23

24  Florida law prescribes the serving of this notice and

25  restricts your right to make payments under your contract in

26  accordance with Section 713.06, Florida Statutes.

27

28                    IMPORTANT INFORMATION FOR

29                         YOUR PROTECTION

30

31


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                                       CS/HB 681, Second Engrossed



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

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

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

  4  known as a construction lien.

  5         If your contractor fails to pay subcontractors or

  6  material suppliers or neglects to make other legally required

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

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

  9  FULL.

10

11  PROTECT YOURSELF:

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

13  lien against your property unless all those supplying a Notice

14  to Owner have been paid.

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

16  713, Part I, Florida Statutes, and the meaning of this notice

17  by contacting an attorney or the Florida Department of

18  Business and Professional Regulation.

19                                      ...(Lienor's Signature)...

20                                           ...(Lienor's Name)...

21                                        ...(Lienor's Address)...

22

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

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

25

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

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

28  "NOTICE TO OWNER/NOTICE TO CONTRACTOR."

29

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

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


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                                       CS/HB 681, Second Engrossed



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

  2  the place and address designated in the notice of

  3  commencement.  Any lender who, after receiving a notice

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

  5  the owner for an improvement shall make proper payments as

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

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

  8  paragraph renders the lender liable to the owner for all

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

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

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

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

13  paragraph does not prohibit a lender from disbursing

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

15  event the lender has no obligation to make proper payments

16  under this paragraph.

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

18  commencement, may rely on the information contained in the

19  building permit application to serve the notice prescribed in

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

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

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

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

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

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

26  requirements of paragraph (a).

27         Section 4.  Subsection (5) of section 713.08, Florida

28  Statutes, 1998 Supplement, is amended to read:

29         713.08  Claim of lien.--

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

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


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                                       CS/HB 681, Second Engrossed



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

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

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

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

  5  provided if the original contractor defaults or the contract

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

  7  attaching prior to such default shall be recorded after 90

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

  9  performance of labor or services or furnishing of materials,

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

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

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

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

14  certificate of occupancy or the issuance of a certificate of

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

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

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

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

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

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

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

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

23  before the claim of lien is recorded.

24         Section 5.  Subsection (1) of section 713.135, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         713.135  Notice of commencement and applicability of

27  lien.--

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

29  authority issuing such permit shall:

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

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


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                                       CS/HB 681, Second Engrossed



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

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

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

  4  AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT."

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

  6  property upon which improvements are to be constructed with a

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

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

  9  subject to attachment under the Construction Lien Law. The

10  Department of Business and Professional Regulation shall

11  furnish, for distribution, the statement described in this

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

13  Construction Lien Law and must include an explanation of the

14  provisions of the Construction Lien Law relating to the

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

16  commencement and a statement encouraging the owner to record a

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

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

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

20  subject the issuing authority to liability.

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

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

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

24  must promise in good faith that the statement will be

25  delivered to the person whose property is subject to

26  attachment.

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

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

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

30  shall file with the issuing authority prior to the first

31  inspection either a certified copy of the recorded notice of


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                                       CS/HB 681, Second Engrossed



  1  commencement or a notarized statement that the notice of

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

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

  4  the recorded notice of commencement, the issuing authority

  5  shall not perform or approve subsequent inspections until the

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

  7  other means such certified copy with the issuing authority.

  8  The certified copy of the notice of commencement must contain

  9  the name and address of the owner, the name and address of the

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

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

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

13  location or address of the property being improved which is

14  contained in the certified copy of the notice of commencement

15  is consistent with the information in the building permit

16  application. The issuing authority shall provide the recording

17  information on the certified copy of the recorded notice of

18  commencement to any person upon request. This subsection does

19  not require Nothing herein shall be interpreted as requiring

20  or encouraging the recording of a notice of commencement prior

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

22  requires a separate permit or inspection for installation of

23  temporary electrical service or other temporary utility

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

25  permits may be issued and such inspections may be conducted

26  without providing the issuing authority with a certified copy

27  of a recorded notice of commencement or a notarized statement

28  regarding a recorded notice of commencement. This subsection

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

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

31  than $5,000.


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                                       CS/HB 681, Second Engrossed



  1         Section 6.  (1)  Upon this act becoming a law,

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

  3  to read:

  4         713.16  Demand for copy of contract and statements of

  5  account; form.--

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

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

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

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

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

11  statement under oath does not constitute an omission of

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

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

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

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

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

17  the amendment to this section shall become effective

18  immediately upon becoming law, and shall apply retroactively

19  to May 4, 1994.

20         Section 7.  Section 713.18, Florida Statutes, 1998

21  Supplement, is amended to read:

22         713.18  Manner of serving notices and other

23  instruments.--

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

25  assignments, and other instruments permitted or required under

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

27  unless otherwise specifically provided in this part, must be

28  made by one of the following methods:

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

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

31


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                                       CS/HB 681, Second Engrossed



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

  2  business agent thereof.

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

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

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

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

  7  mailed pursuant to this paragraph within 40 days after the

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

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

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

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

12  the registered or certified mail number issued by the United

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

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

15  confirming the date of mailing. If an instrument served

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

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

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

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

20  returned by the United States Postal Service as being

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

22  otherwise not delivered or deliverable through no fault of the

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

24  date of mailing.

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

26  accomplished, by posting on the premises.

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

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

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

30  notice to all owners.

31


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                                       CS/HB 681, Second Engrossed



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

  2  required under this part, may be made by facsimile

  3  transmission when the person being served has listed that

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

  5  The lienor's facsimile confirmation sheet with the correct

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

  7  notice was served.

  8         Section 8.  Paragraphs (d) and (e) of subsection (1) of

  9  section 713.23, Florida Statutes, 1998 Supplement, are

10  amended, and subsection (5) is added to said section, to read:

11         713.23  Payment bond.--

12         (1)

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

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

15  notice of nonpayment to the contractor and the surety not

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

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

18  satisfies this condition precedent with respect to the payment

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

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

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

22  written notice of nonpayment shall be measured from the last

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

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

25  issuance of a certificate of occupancy or the issuance of a

26  certificate of substantial completion. The failure of a lienor

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

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

29  is not considered a nonpayment requiring the service of the

30  notice provided under this paragraph. The notice under this

31  paragraph may be in substantially the following form:


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                                       CS/HB 681, Second Engrossed



  1

  2                       NOTICE OF NONPAYMENT

  3

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

  5

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

  7

  8  The undersigned notifies you that he or she has furnished

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

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

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

12

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

14

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

16  may be instituted or prosecuted against the contractor or

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

18  be instituted or prosecuted against the contractor or against

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

20  the performance of the labor or completion of delivery of the

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

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

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

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

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

26  issuance of a certificate of substantial completion. A

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

28  shorten the prescribed time within which an action to enforce

29  any claim against a payment bond provided pursuant to this

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

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


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                                       CS/HB 681, Second Engrossed



  1

  2                    NOTICE OF CONTEST OF CLAIM

  3                       AGAINST PAYMENT BOND

  4

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

  6         You are notified that the undersigned contests your

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

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

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

10  the date of service of this notice.

11

12  DATED on ...., .....

13

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

15

16

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

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

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

20  notice shall be extinguished automatically. The clerk shall

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

22  address shown in the notice of nonpayment or most recent

23  amendment thereto and shall certify to such service on the

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

25  upon mailing.

26         (5)  A waiver and release of lien pursuant to s. 713.20

27  given by a lienor shall constitute a waiver and release in a

28  like amount of the lienor's right to make a claim against a

29  payment bond under this section.

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






                                       CS/HB 681, Second Engrossed



  1         Section 9.  Paragraph (g) of subsection (1) of section

  2  468.621, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         468.621  Disciplinary proceedings.--

  5         (1)  The following acts constitute grounds for which

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

  7         (g)  Failing to properly enforce applicable building

  8  codes by committing willful misconduct, gross negligence,

  9  gross misconduct, repeated negligence, or negligence resulting

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

11  properly enforce applicable building codes.

12         Section 10.  Except as otherwise provided herein, this

13  act shall take effect October 1, 1999.

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