HB 1443

1	A bill to be entitled
2	An act relating to the Construction Lien Law; amending s.
3	713.13, F.S.; revising payment requirements relating to
4	notice of commencement; amending s. 713.135, F.S.;
5	revising certain notice of commencement and applicability
6	of lien requirements for certain authorities issuing
7	building permits; prohibiting private providers performing
8	inspection services from performing or approving certain
9	inspections under certain circumstances; increasing a
10	threshold amount for certain application requirement
11	exemptions; prohibiting issuing authorities from requiring
12	recordation of a notice of commencement for certain
13	purposes; authorizing fees for furnishing copies of
14	certain statements; authorizing authorities issuing
15	building permits to accept permit applications
16	electronically; requiring an electronic submission
17	statement on building permit applications; requiring
18	provision of Internet access; amending s. 713.35, F.S.;
19	revising provisions relating to the making or furnishing
20	of false statements on certain construction documents;
21	providing penalties; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Paragraph (c) of subsection (1) of section
26	713.13, Florida Statutes, is amended to read:
27	713.13  Notice of commencement.--
28	(1)
29	(c)  If the contract between the owner and a contractor
30	named in the notice of commencement expresses a period of time
31	for completion for the construction of the improvement greater
32	than 1 year, the notice of commencement must state that it is
33	effective for a period of 1 year plus any additional period of
34	time. Any payments made by the owner prior to the recordation of
35	or after the expiration of the notice of commencement are
36	considered improper payments.
37	Section 2.  Paragraphs (b) and (d) of subsection (1) and
38	subsections (4) and (6) of section 713.135, Florida Statutes,
39	are amended, and paragraph (e) is added to subsection (1) of
40	that section, to read:
41	713.135  Notice of commencement and applicability of
42	lien.--
43	(1)  When any person applies for a building permit, the
44	authority issuing such permit shall:
45	(b)  Provide the applicant and the owner of the real
46	property upon which improvements are to be constructed with a
47	printed statement stating that the right, title, and interest of
48	the person who has contracted for the improvement may be subject
49	to attachment under the Construction Lien Law. The Department of
50	Business and Professional Regulation shall furnish, for
51	distribution, the statement described in this paragraph, and the
52	statement must be a summary of the Construction Lien Law and
53	must include an explanation of the provisions of the
54	Construction Lien Law relating to the recording, and the posting
55	of copies, of notices of commencement and a statement
56	encouraging the owner to record a notice of commencement and
57	post a copy of the notice of commencement in accordance with s.
58	713.13. The statement must also contain an explanation of the
59	owner's rights if a lienor fails to furnish the owner with a
60	notice as provided in s. 713.06(2) and an explanation of the
61	owner's rights as provided in s. 713.22. The authority that
62	issues the building permit must obtain from the Department of
63	Business and Professional Regulation the statement required by
64	this paragraph and must mail, deliver by electronic mail or
65	other electronic format or facsimile, or personally deliver that
66	statement to the owner or, in a case in which the owner is
67	required to personally appear to obtain the permit, provide that
68	statement to any owner making improvements to real property
69	consisting of a single or multiple family dwelling up to and
70	including four units. However, the failure by the authorities to
71	provide the summary does not subject the issuing authority to
72	liability.
73	(d)  Furnish to the applicant two or more copies of a form
74	of notice of commencement conforming with s. 713.13. If the
75	direct contract is greater than $2,500, the applicant shall file
76	with the issuing authority prior to the first inspection either
77	a certified copy of the recorded notice of commencement or a
78	notarized statement that the notice of commencement has been
79	filed for recording, along with a copy thereof. In the absence
80	of the filing of a certified copy of the recorded notice of
81	commencement, the issuing authority or a private provider
82	performing inspection services may shall not perform or approve
83	subsequent inspections until the applicant files by mail,
84	facsimile, hand delivery, or any other means such certified copy
85	with the issuing authority. The certified copy of the notice of
86	commencement must contain the name and address of the owner, the
87	name and address of the contractor, and the location or address
88	of the property being improved. The issuing authority shall
89	verify that the name and address of the owner, the name of the
90	contractor, and the location or address of the property being
91	improved which is contained in the certified copy of the notice
92	of commencement is consistent with the information in the
93	building permit application. The issuing authority shall provide
94	the recording information on the certified copy of the recorded
95	notice of commencement to any person upon request. This
96	subsection does not require the recording of a notice of
97	commencement prior to the issuance of a building permit. If a
98	local government requires a separate permit or inspection for
99	installation of temporary electrical service or other temporary
100	utility service, land clearing, or other preliminary site work,
101	such permits may be issued and such inspections may be conducted
102	without providing the issuing authority with a certified copy of
103	a recorded notice of commencement or a notarized statement
104	regarding a recorded notice of commencement. This subsection
105	does not apply to a direct contract to repair or replace an
106	existing heating or air-conditioning system in an amount less
107	than $7,500 $5,000.
108	(e)  Not require that a notice of commencement be recorded
109	as a condition of the application for or processing or issuance
110	of a building permit. However, this paragraph does not modify or
111	waive the inspection requirements set forth in this subsection.
112	(4)  The several boards of county commissioners, municipal
113	councils, or other similar bodies may by ordinance or resolution
114	establish reasonable fees for furnishing copies of the forms and
115	the printed statement provided in paragraphs paragraph (1)(b)
116	and (d) in an amount not to exceed $5 to be paid by the
117	applicant for each permit in addition to all other costs of the
118	permit; however, no forms or statement need be furnished,
119	mailed, or otherwise provided to, nor may such additional fee be
120	obtained from, applicants for permits in those cases in which
121	the owner of a legal or equitable interest (including that of
122	ownership of stock of a corporate landowner) of the real
123	property to be improved is engaged in the business of
124	construction of buildings for sale to others and intends to make
125	the improvements authorized by the permit on the property and
126	upon completion will offer the improved real property for sale.
127	(6)(a)  In addition to any other information required by
128	the authority issuing the permit, the building permit
129	application must be in substantially the following form:
130
131	Tax Folio No.__________
132	BUILDING PERMIT APPLICATION
133
134	Owner's Name
135	Owner's Address
136	Fee Simple Titleholder's Name (If other than owner)
137	Fee Simple Titleholder's Address (If other than owner)
138	City
139	State_______________ Zip_______________
140	Contractor's Name
141	Contractor's Address
142	City
143	State_______________ Zip_______________
144	Job Name
145	Job Address
146	City____________________ County_______________
147	Legal Description
148	Bonding Company
149	Bonding Company Address
150	City____________________ State_______________
151	Architect/Engineer's Name
152	Architect/Engineer's Address
153	Mortgage Lender's Name
154	Mortgage Lender's Address
155
156	Application is hereby made to obtain a permit to do the
157	work and installations as indicated. I certify that no work or
158	installation has commenced prior to the issuance of a permit and
159	that all work will be performed to meet the standards of all
160	laws regulating construction in this jurisdiction. I understand
161	that a separate permit must be secured for ELECTRICAL WORK,
162	PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
163	TANKS, and AIR CONDITIONERS, etc.
164
165	OWNER'S AFFIDAVIT: I certify that all the foregoing information
166	is accurate and that all work will be done in compliance with
167	all applicable laws regulating construction and zoning.
168
169
170	WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
171	COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
172	YOUR PROPERTY.
173
174
175	IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR
176	AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
177
178	(Signature of Owner or Agent)
179	(including contractor)
180	STATE OF FLORIDA
181	COUNTY OF _____
182
183
184	Sworn to (or affirmed) and subscribed before me this _____
185	day of _____,   (year)  , by   (name of person making statement)
186	.
187
188	(Signature of Notary Public - State of Florida)
189	(Print, Type, or Stamp Commissioned Name of Notary Public)
190
191	Personally Known _____ OR Produced Identification _____
192
193	Type of Identification Produced _______________
194	(Signature of Contractor)
195
196
197	STATE OF FLORIDA
198	COUNTY OF _____
199
200
201	Sworn to (or affirmed) and subscribed before me this _____
202	day of _____,   (year)  , by   (name of person making statement)
203	.
204
205	(Signature of Notary Public - State of Florida)
206	(Print, Type, or Stamp Commissioned Name of Notary Public)
207
208	Personally Known _____ OR Produced Identification _____
209
210	Type of Identification Produced _______________
211
212	(Certificate of Competency Holder)
213
214	Contractor's State Certification or Registration No._____
215
216	Contractor's Certificate of Competency No.__________
217
218	APPLICATION APPROVED BY
219	____________________ Permit Officer
220
221	(b)  Consistent with the requirements of paragraph (a), an
222	authority responsible for issuing building permits under this
223	section may accept a building permit application in an
224	electronic format, as prescribed by the authority. Building
225	permit applications submitted to the authority electronically
226	must contain the following additional statement:
227
228	OWNER'S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
229	perjury, I declare that all the information contained in this
230	building permit application is true and correct.
231
232	(c)  An authority responsible for issuing building permit
233	applications which accepts building permit applications in an
234	electronic format shall provide public Internet access to the
235	electronic building permit applications in a searchable format.
236	Section 3.  Section 713.35, Florida Statutes, is amended to
237	read:
238	713.35  Making or furnishing false statement.--Any person,
239	firm, or corporation who knowingly and intentionally makes or
240	furnishes to another person, firm, or corporation, a written
241	statement in the form of an affidavit, a waiver or release of
242	lien, or other document, whether or not under oath, containing
243	false information about the payment status of subcontractors,
244	sub-subcontractors, or suppliers in connection with the
245	improvement of real property in this state, knowing that the one
246	to whom it was furnished might rely on it, and the one to whom
247	it was furnished will part with draw payments or final payment
248	relying on the truth of such statement as an inducement to do so
249	commits is guilty of a felony of the third degree, punishable as
250	provided in s. 775.082 or s. 775.083. A state attorney or the
251	statewide prosecutor, upon the filing of an indictment or
252	information against a contractor, subcontractor, or sub-
253	subcontractor which charges such person with a violation of this
254	section, shall forward a copy of the indictment or information
255	to the Department of Business and Professional Regulation. The
256	Department of Business and Professional Regulation shall
257	promptly open an investigation into the matter and, if probable
258	cause is found, shall furnish a copy of any investigative report
259	to the state attorney or statewide prosecutor who furnished a
260	copy of the indictment or information and to the owner of the
261	property which is the subject of the investigation.
262	Section 4.  This act shall take effect October 1, 2006.

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