Senate Bill sb1854c1

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

    By the Committee on Regulated Industries; and Senator
    Constantine




    580-2266-05

  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         requiring that an entity that accepts

14         electronic applications provide public Internet

15         access to such applications; providing an

16         effective date.

17  

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

19  

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

21  Statutes, is amended to read:

22         713.135  Notice of commencement and applicability of

23  lien.--

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

25  by the authority issuing the permit, the building permit

26  application must be in substantially the following form:

27  

28                                           Tax Folio No.........

29                   BUILDING PERMIT APPLICATION

30  

31  Owner's Name..................................................

                                  1

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






    Florida Senate - 2005                           CS for SB 1854
    580-2266-05




 1  Owner's Address...............................................

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

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

 4  City..........................................................

 5  State............ Zip............

 6  Contractor's Name.............................................

 7  Contractor's Address..........................................

 8  City..........................................................

 9  State............ Zip............

10  Job Name......................................................

11  Job Address...................................................

12  City................                        County............

13  Legal Description.............................................

14  Bonding Company...............................................

15  Bonding Company Address.......................................

16  City................ State............

17  Architect/Engineer's Name.....................................

18  Architect/Engineer's Address..................................

19  Mortgage Lender's Name........................................

20  Mortgage Lender's Address.....................................

21  

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

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

24  or installation has commenced prior to the issuance of a

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

26  standards of all laws regulating construction in this

27  jurisdiction.  I understand that a separate permit must be

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

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

30  

31  

                                  2

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






    Florida Senate - 2005                           CS for SB 1854
    580-2266-05




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

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

 3  compliance with all applicable laws regulating construction

 4  and zoning.

 5  

 6         WARNING TO OWNER:  YOUR FAILURE TO RECORD A

 7         NOTICE OF COMMENCEMENT MAY RESULT IN YOUR

 8         PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.

 9  

10         IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH

11         YOUR LENDER OR AN ATTORNEY BEFORE RECORDING

12         YOUR NOTICE OF COMMENCEMENT.

13  

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

15                            ...(including contractor)...

16  STATE OF FLORIDA

17  COUNTY OF ....

18  

19  

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

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

22  statement)....

23  

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

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

26  Public)...

27  

28         Personally Known .... OR Produced Identification ....

29  

30         Type of Identification Produced............

31                                 ...(Signature of Contractor)...

                                  3

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






    Florida Senate - 2005                           CS for SB 1854
    580-2266-05




 1  

 2  

 3  STATE OF FLORIDA

 4  COUNTY OF ....

 5  

 6  

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

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

 9  statement)....

10  

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

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

13  Public)...

14  

15         Personally Known .... OR Produced Identification ....

16  

17         Type of Identification Produced............

18  

19                (Certificate of Competency Holder)

20  

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

22  

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

24  

25  APPLICATION APPROVED BY

26  ................Permit Officer

27  

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

29  under this section may accept a building permit application in

30  the electronic format that the authority has prescribed so

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

                                  4

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






    Florida Senate - 2005                           CS for SB 1854
    580-2266-05




 1  application that is submitted to the authority electronically

 2  must contain the following additional statement:

 3  

 4         OWNER'S ELECTRONIC SUBMISSION AFFIDAVIT:  Under

 5         penalty of perjury, I declare that I have read

 6         the foregoing application for a building permit

 7         and that the facts stated in it are true and

 8         correct.

 9  

10  The additional statement is in lieu of the requirement in

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

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

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

14  the owner's electronic submission affidavit of an

15  electronically submitted application commits perjury by false

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

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

18         (c)  An authority responsible for issuance of a permit

19  under this section which accepts building permit applications

20  in an electronic format must provide public Internet access to

21  the electronic building permit applications in a searchable

22  format.

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

24  

25          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
26                         Senate Bill 1854

27                                 

28  The committee substitute requires that if the permitting
    authority accepts building permit applications in an
29  electronic format, it must provide public Internet access to
    the electronic building permit applications in a searchable
30  format.

31  

                                  5

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