House Bill hb1095

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    Florida House of Representatives - 2002                HB 1095

        By Representative Smith






  1                      A bill to be entitled

  2         An act relating to bonds and liens; amending s.

  3         210.08, F.S.; providing methods other than a

  4         bond for dealers, agents, or distributing

  5         agents to guarantee tax payment to the Division

  6         of Alcoholic Beverages and Tobacco of the

  7         Department of Business and Professional

  8         Regulation; amending s. 713.135, F.S.; revising

  9         a provision of the Construction Lien Law to

10         increase a threshold amount requiring filing of

11         a notice of commencement; providing an

12         effective date.

13

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

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16         Section 1.  Section 210.08, Florida Statutes, is

17  amended to read:

18         210.08  Bond for payment of taxes.--Each dealer, agent,

19  or distributing agent shall file with the division a surety

20  bond, certificate of deposit, or irrevocable letter of credit

21  acceptable to the division in the sum of $10,000 as surety for

22  the payment of all taxes; provided, however, that where in the

23  discretion of the division the amount of business done by the

24  dealer, agent, or distributing agent is of such volume that a

25  bond of less than $10,000 will be adequate to secure the

26  payment of all taxes assessed as authorized by the cigarette

27  tax law, the division may accept a bond, certificate of

28  deposit, line of credit, or letter of credit in a lesser sum

29  than $10,000, but in no event shall it accept a bond,

30  certificate of deposit, or letter of credit of less than

31  $1,000, and it may at any time in its discretion require any

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    Florida House of Representatives - 2002                HB 1095

    727-146-02






  1  bond, certificate of deposit, or letter of credit in an amount

  2  less than $10,000 to be increased not to exceed $10,000.

  3         Section 2.  Paragraph (d) of subsection (1) of section

  4  713.135, Florida Statutes, is amended to read:

  5         713.135  Notice of commencement and applicability of

  6  lien.--

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

  8  authority issuing such permit shall:

  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 $5,000 $2,500, the

12  applicant shall file with the issuing authority prior to the

13  first inspection either a certified copy of the recorded

14  notice of commencement or a notarized statement that the

15  notice of commencement has been filed for recording, along

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

17  certified copy of the recorded notice of commencement, the

18  issuing authority shall not perform or approve subsequent

19  inspections until the applicant files by mail, facsimile, hand

20  delivery, or any other means such certified copy with the

21  issuing authority. The certified copy of the notice of

22  commencement must contain the name and address of the owner,

23  the name and address of the contractor, and the location or

24  address of the property being improved. The issuing authority

25  shall verify that the name and address of the owner, the name

26  of the contractor, and the location or address of the property

27  being improved which is contained in the certified copy of the

28  notice of commencement is consistent with the information in

29  the building permit application. The issuing authority shall

30  provide the recording information on the certified copy of the

31  recorded notice of commencement to any person upon request.

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    Florida House of Representatives - 2002                HB 1095

    727-146-02






  1  This subsection does not require the recording of a notice of

  2  commencement prior to the issuance of a building permit. If a

  3  local government requires a separate permit or inspection for

  4  installation of temporary electrical service or other

  5  temporary utility service, land clearing, or other preliminary

  6  site work, such permits may be issued and such inspections may

  7  be conducted without providing the issuing authority with a

  8  certified copy of a recorded notice of commencement or a

  9  notarized statement regarding a recorded notice of

10  commencement. This subsection does not apply to a direct

11  contract to repair or replace an existing heating or

12  air-conditioning system in an amount less than $5,000.

13         Section 3.  This act shall take effect upon becoming a

14  law.

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17                          HOUSE SUMMARY

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      Provides for a certificate of deposit or an irrevocable
19    letter of credit as an alterative to a bond for taxes
      required by a dealer, agent, or distributing agent to be
20    furnished to the Division of Alcoholic Beverages and
      Tobacco of the Department of Business and Professional
21    Regulation. Revises a provision of the Construction Lien
      Law to increase a threshold amount requiring the filing
22    of a notice of commencement.

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