HB 1443

CS

CHAMBER ACTION

1	The Civil Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Construction Lien Law; amending s.
7	713.135, F.S.; revising certain notice of commencement and
8	applicability of lien requirements for certain authorities
9	issuing building permits; prohibiting private providers
10	performing inspection services from performing or
11	approving certain inspections under certain circumstances;
12	increasing a threshold amount for certain application
13	requirement exemptions; prohibiting issuing authorities
14	from requiring recordation of a notice of commencement for
15	certain purposes; authorizing fees for furnishing copies
16	of certain statements; authorizing authorities issuing
17	building permits to accept permit applications
18	electronically; requiring an electronic submission
19	statement on building permit applications; requiring
20	provision of Internet access; amending s. 713.18, F.S.;
21	providing for electronic evidence of delivery of notices
22	required by the Construction Lien Law; amending s. 713.35,
23	F.S.; revising provisions relating to the making or
24	furnishing of false statements on certain construction
25	documents; providing penalties; providing an effective
26	date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Paragraphs (b) and (d) of subsection (1) and
31	subsections (4) and (6) of section 713.135, Florida Statutes,
32	are amended, and paragraph (e) is added to subsection (1) of
33	that section, to read:
34	713.135  Notice of commencement and applicability of
35	lien.--
36	(1)  When any person applies for a building permit, the
37	authority issuing such permit shall:
38	(b)  Provide the applicant and the owner of the real
39	property upon which improvements are to be constructed with a
40	printed statement stating that the right, title, and interest of
41	the person who has contracted for the improvement may be subject
42	to attachment under the Construction Lien Law. The Department of
43	Business and Professional Regulation shall furnish, for
44	distribution, the statement described in this paragraph, and the
45	statement must be a summary of the Construction Lien Law and
46	must include an explanation of the provisions of the
47	Construction Lien Law relating to the recording, and the posting
48	of copies, of notices of commencement and a statement
49	encouraging the owner to record a notice of commencement and
50	post a copy of the notice of commencement in accordance with s.
51	713.13. The statement must also contain an explanation of the
52	owner's rights if a lienor fails to furnish the owner with a
53	notice as provided in s. 713.06(2) and an explanation of the
54	owner's rights as provided in s. 713.22. The authority that
55	issues the building permit must obtain from the Department of
56	Business and Professional Regulation the statement required by
57	this paragraph and must mail, deliver by electronic mail or
58	other electronic format or facsimile, or personally deliver that
59	statement to the owner or, in a case in which the owner is
60	required to personally appear to obtain the permit, provide that
61	statement to any owner making improvements to real property
62	consisting of a single or multiple family dwelling up to and
63	including four units. However, the failure by the authorities to
64	provide the summary does not subject the issuing authority to
65	liability.
66	(d)  Furnish to the applicant two or more copies of a form
67	of notice of commencement conforming with s. 713.13. If the
68	direct contract is greater than $2,500, the applicant shall file
69	with the issuing authority prior to the first inspection either
70	a certified copy of the recorded notice of commencement or a
71	notarized statement that the notice of commencement has been
72	filed for recording, along with a copy thereof. In the absence
73	of the filing of a certified copy of the recorded notice of
74	commencement, the issuing authority or a private provider
75	performing inspection services may shall not perform or approve
76	subsequent inspections until the applicant files by mail,
77	facsimile, hand delivery, or any other means such certified copy
78	with the issuing authority. The certified copy of the notice of
79	commencement must contain the name and address of the owner, the
80	name and address of the contractor, and the location or address
81	of the property being improved. The issuing authority shall
82	verify that the name and address of the owner, the name of the
83	contractor, and the location or address of the property being
84	improved which is contained in the certified copy of the notice
85	of commencement is consistent with the information in the
86	building permit application. The issuing authority shall provide
87	the recording information on the certified copy of the recorded
88	notice of commencement to any person upon request. This
89	subsection does not require the recording of a notice of
90	commencement prior to the issuance of a building permit. If a
91	local government requires a separate permit or inspection for
92	installation of temporary electrical service or other temporary
93	utility service, land clearing, or other preliminary site work,
94	such permits may be issued and such inspections may be conducted
95	without providing the issuing authority with a certified copy of
96	a recorded notice of commencement or a notarized statement
97	regarding a recorded notice of commencement. This subsection
98	does not apply to a direct contract to repair or replace an
99	existing heating or air-conditioning system in an amount less
100	than $7,500 $5,000.
101	(e)  Not require that a notice of commencement be recorded
102	as a condition of the application for or processing or issuance
103	of a building permit. However, this paragraph does not modify or
104	waive the inspection requirements set forth in this subsection.
105	(4)  The several boards of county commissioners, municipal
106	councils, or other similar bodies may by ordinance or resolution
107	establish reasonable fees for furnishing copies of the forms and
108	the printed statement provided in paragraphs paragraph (1)(b)
109	and (d) in an amount not to exceed $5 to be paid by the
110	applicant for each permit in addition to all other costs of the
111	permit; however, no forms or statement need be furnished,
112	mailed, or otherwise provided to, nor may such additional fee be
113	obtained from, applicants for permits in those cases in which
114	the owner of a legal or equitable interest (including that of
115	ownership of stock of a corporate landowner) of the real
116	property to be improved is engaged in the business of
117	construction of buildings for sale to others and intends to make
118	the improvements authorized by the permit on the property and
119	upon completion will offer the improved real property for sale.
120	(6)(a)  In addition to any other information required by
121	the authority issuing the permit, the building permit
122	application must be in substantially the following form:
123
124	Tax Folio No.__________
125	BUILDING PERMIT APPLICATION
126
127	Owner's Name
128	Owner's Address
129	Fee Simple Titleholder's Name (If other than owner)
130	Fee Simple Titleholder's Address (If other than owner)
131	City
132	State_______________ Zip_______________
133	Contractor's Name
134	Contractor's Address
135	City
136	State_______________ Zip_______________
137	Job Name
138	Job Address
139	City____________________ County_______________
140	Legal Description
141	Bonding Company
142	Bonding Company Address
143	City____________________ State_______________
144	Architect/Engineer's Name
145	Architect/Engineer's Address
146	Mortgage Lender's Name
147	Mortgage Lender's Address
148
149	Application is hereby made to obtain a permit to do the
150	work and installations as indicated. I certify that no work or
151	installation has commenced prior to the issuance of a permit and
152	that all work will be performed to meet the standards of all
153	laws regulating construction in this jurisdiction. I understand
154	that a separate permit must be secured for ELECTRICAL WORK,
155	PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
156	TANKS, and AIR CONDITIONERS, etc.
157
158	OWNER'S AFFIDAVIT: I certify that all the foregoing information
159	is accurate and that all work will be done in compliance with
160	all applicable laws regulating construction and zoning.
161
162
163	WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
164	COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
165	YOUR PROPERTY.
166
167
168	IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR
169	AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
170
171	(Signature of Owner or Agent)
172	(including contractor)
173	STATE OF FLORIDA
174	COUNTY OF _____
175
176
177	Sworn to (or affirmed) and subscribed before me this _____
178	day of _____,   (year)  , by   (name of person making statement)
179	.
180
181	(Signature of Notary Public - State of Florida)
182	(Print, Type, or Stamp Commissioned Name of Notary Public)
183
184	Personally Known _____ OR Produced Identification _____
185
186	Type of Identification Produced _______________
187	(Signature of Contractor)
188
189
190	STATE OF FLORIDA
191	COUNTY OF _____
192
193
194	Sworn to (or affirmed) and subscribed before me this _____
195	day of _____,   (year)  , by   (name of person making statement)
196	.
197
198	(Signature of Notary Public - State of Florida)
199	(Print, Type, or Stamp Commissioned Name of Notary Public)
200
201	Personally Known _____ OR Produced Identification _____
202
203	Type of Identification Produced _______________
204
205	(Certificate of Competency Holder)
206
207	Contractor's State Certification or Registration No._____
208
209	Contractor's Certificate of Competency No.__________
210
211	APPLICATION APPROVED BY
212	____________________ Permit Officer
213
214	(b)  Consistent with the requirements of paragraph (a), an
215	authority responsible for issuing building permits under this
216	section may accept a building permit application in an
217	electronic format, as prescribed by the authority. Building
218	permit applications submitted to the authority electronically
219	must contain the following additional statement:
220
221	OWNER'S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
222	perjury, I declare that all the information contained in this
223	building permit application is true and correct.
224
225	(c)  An authority responsible for issuing building permit
226	applications which accepts building permit applications in an
227	electronic format shall provide public Internet access to the
228	electronic building permit applications in a searchable format.
229	Section 2.  Paragraph (b) of subsection (1) of section
230	713.18, Florida Statutes, is amended to read:
231	713.18  Manner of serving notices and other instruments.--
232	(1)  Service of notices, claims of lien, affidavits,
233	assignments, and other instruments permitted or required under
234	this part, or copies thereof when so permitted or required,
235	unless otherwise specifically provided in this part, must be
236	made by one of the following methods:
237	(b)  By sending the same by registered or certified mail,
238	with postage prepaid, or by overnight or second-day delivery
239	with evidence of delivery, which may be in an electronic format.
240	1.  If a notice to owner, a notice to contractor under s.
241	713.23, or a preliminary notice under s. 255.05 is mailed by
242	registered or certified mail with postage prepaid to the person
243	to be served at any of the addresses set forth in subparagraph
244	2. within 40 days after the date the lienor first furnishes
245	labor, services, or materials, service of that notice is
246	effective as of the date of mailing if the person who served the
247	notice maintains a registered or certified mail log that shows
248	the registered or certified mail number issued by the United
249	States Postal Service, the name and address of the person
250	served, and the date stamp of the United States Postal Service
251	confirming the date of mailing or if the person who served the
252	notice maintains electronic tracking records generated through
253	use of the United States Postal Service Confirm service or a
254	similar service containing the postal tracking number, the name
255	and address of the person served, and verification of the date
256	of receipt by the United States Postal Service.
257	2.  If an instrument served pursuant to this section to the
258	last address shown in the notice of commencement or any
259	amendment thereto or, in the absence of a notice of
260	commencement, to the last address shown in the building permit
261	application, or to the last known address of the person to be
262	served, is not received, but is returned as being "refused,"
263	"moved, not forwardable," or "unclaimed," or is otherwise not
264	delivered or deliverable through no fault of the person serving
265	the item, then service is effective on the date the notice was
266	sent.
267	Section 3.  Section 713.35, Florida Statutes, is amended to
268	read:
269	713.35  Making or furnishing false statement.--Any person,
270	firm, or corporation who knowingly and intentionally makes or
271	furnishes to another person, firm, or corporation, a written
272	statement in the form of an affidavit, a waiver or release of
273	lien, or other document, whether or not under oath, containing
274	false information about the payment status of subcontractors,
275	sub-subcontractors, or suppliers in connection with the
276	improvement of real property in this state, knowing that the one
277	to whom it was furnished might rely on it, and the one to whom
278	it was furnished will part with draw payments or final payment
279	relying on the truth of such statement as an inducement to do so
280	commits is guilty of a felony of the third degree, punishable as
281	provided in s. 775.082 or s. 775.083. A state attorney or the
282	statewide prosecutor, upon the filing of an indictment or
283	information against a contractor, subcontractor, or sub-
284	subcontractor which charges such person with a violation of this
285	section, shall forward a copy of the indictment or information
286	to the Department of Business and Professional Regulation. The
287	Department of Business and Professional Regulation shall
288	promptly open an investigation into the matter and, if probable
289	cause is found, shall furnish a copy of any investigative report
290	to the state attorney or statewide prosecutor who furnished a
291	copy of the indictment or information and to the owner of the
292	property which is the subject of the investigation.
293	Section 4.  This act shall take effect October 1, 2006.

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