Senate Bill sb1854

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1854

    By Senator Constantine





    22-1395-05

  1                      A bill to be entitled

  2         An act relating to the electronic submittal of

  3         an application for a local building permit;

  4         amending s. 713.135, F.S.; authorizing the

  5         county or municipality responsible for the

  6         issuance of certain building permits to accept

  7         applications that are transmitted

  8         electronically; providing for the format of an

  9         electronic application; providing for an

10         electronic affidavit by the owner applying for

11         the permit; providing penalties for knowingly

12         making a false statement in the affidavit;

13         providing an effective date.

14  

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

16  

17         Section 1.  Subsection (6) of section 713.135, Florida

18  Statutes, is amended to read:

19         713.135  Notice of commencement and applicability of

20  lien.--

21         (6)(a)  In addition to any other information required

22  by the authority issuing the permit, the building permit

23  application must be in substantially the following form:

24  

25                                           Tax Folio No.........

26                   BUILDING PERMIT APPLICATION

27  

28  Owner's Name..................................................

29  Owner's Address...............................................

30  Fee Simple Titleholder's Name (If other than owner)...........

31  Fee Simple Titleholder's Address (If other than owner)........

                                  1

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






    Florida Senate - 2005                                  SB 1854
    22-1395-05




 1  City..........................................................

 2  State............ Zip............

 3  Contractor's Name.............................................

 4  Contractor's Address..........................................

 5  City..........................................................

 6  State............ Zip............

 7  Job Name......................................................

 8  Job Address...................................................

 9  City................                        County............

10  Legal Description.............................................

11  Bonding Company...............................................

12  Bonding Company Address.......................................

13  City................ State............

14  Architect/Engineer's Name.....................................

15  Architect/Engineer's Address..................................

16  Mortgage Lender's Name........................................

17  Mortgage Lender's Address.....................................

18  

19         Application is hereby made to obtain a permit to do the

20  work and installations as indicated.  I certify that no work

21  or installation has commenced prior to the issuance of a

22  permit and that all work will be performed to meet the

23  standards of all laws regulating construction in this

24  jurisdiction.  I understand that a separate permit must be

25  secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS,

26  FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc.

27  

28  OWNER'S AFFIDAVIT:  I certify that all the foregoing

29  information is accurate and that all work will be done in

30  compliance with all applicable laws regulating construction

31  and zoning.

                                  2

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






    Florida Senate - 2005                                  SB 1854
    22-1395-05




 1  

 2         WARNING TO OWNER:  YOUR FAILURE TO RECORD A

 3         NOTICE OF COMMENCEMENT MAY RESULT IN YOUR

 4         PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.

 5  

 6         IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH

 7         YOUR LENDER OR AN ATTORNEY BEFORE RECORDING

 8         YOUR NOTICE OF COMMENCEMENT.

 9  

10                     ...(Signature of Owner or Agent)...

11                            ...(including contractor)...

12  STATE OF FLORIDA

13  COUNTY OF ....

14  

15  

16         Sworn to (or affirmed) and subscribed before me this

17  .... day of ...., ...(year)..., by ...(name of person making

18  statement)....

19  

20           ...(Signature of Notary Public - State of Florida)...

21           ...(Print, Type, or Stamp Commissioned Name of Notary

22  Public)...

23  

24         Personally Known .... OR Produced Identification ....

25  

26         Type of Identification Produced............

27                                 ...(Signature of Contractor)...

28  

29  

30  STATE OF FLORIDA

31  COUNTY OF ....

                                  3

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






    Florida Senate - 2005                                  SB 1854
    22-1395-05




 1  

 2  

 3         Sworn to (or affirmed) and subscribed before me this

 4  .... day of ...., ...(year)..., by ...(name of person making

 5  statement)....

 6  

 7           ...(Signature of Notary Public - State of Florida)...

 8           ...(Print, Type, or Stamp Commissioned Name of Notary

 9  Public)...

10  

11         Personally Known .... OR Produced Identification ....

12  

13         Type of Identification Produced............

14  

15                (Certificate of Competency Holder)

16  

17  Contractor's State Certification or Registration No.....

18  

19  Contractor's Certificate of Competency No.........

20  

21  APPLICATION APPROVED BY

22  ................Permit Officer

23  

24         (b)  An authority responsible for issuance of a permit

25  under this section may accept a building permit application in

26  the electronic format that the authority has prescribed so

27  long as the format is consistent with paragraph (a). An

28  application that is submitted to the authority electronically

29  must contain the following additional statement:

30  

31  

                                  4

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






    Florida Senate - 2005                                  SB 1854
    22-1395-05




 1         OWNER'S ELECTRONIC SUBMISSION AFFIDAVIT:  Under

 2         penalty of perjury, I declare that I have read

 3         the foregoing application for a building permit

 4         and that the facts stated in it are true and

 5         correct.

 6  

 7  The additional statement is in lieu of the requirement in

 8  paragraph (a) that a signed, sworn, and notarized signature of

 9  the owner or agent and the contractor be part of the owner's

10  affidavit. A person who knowingly makes a false declaration in

11  the owner's electronic submission affidavit of an

12  electronically submitted application commits perjury by false

13  written declaration, a felony of the third degree, punishable

14  as provided in s. 775.082, s. 775.083, or s. 775.084.

15         Section 2.  This act shall take effect July 1, 2005.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Authorizes the county or municipality responsible for the
      issuance of a building permit to accept an application
20    transmitted electronically. Provides for the format of
      the electronic application, including an electronic
21    affidavit by the owner applying for the permit. Provides
      penalties for a knowingly false statement in the
22    affidavit.

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

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