HB 1443

1	A bill to be entitled
2	An act relating to liens; amending s. 679.705, F.S.;
3	extending the effective date of a financing statement
4	filed under previous law; 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. 713.18, F.S.;
19	providing for electronic evidence of delivery of notices
20	required by the Construction Lien Law; amending s. 713.35,
21	F.S.; revising provisions relating to the making or
22	furnishing of false statements on certain construction
23	documents; providing penalties; providing effective dates.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Effective upon this act becoming a law,
28	subsection (3) of section 679.705, Florida Statutes, is amended
29	to read:
30	679.705  Effectiveness of action taken before effective
31	date.--
32	(3)  This act does not render ineffective an effective
33	financing statement that, before this act takes effect, is filed
34	and satisfies the applicable requirements for perfection under
35	the law of the jurisdiction governing perfection as provided in
36	s. 679.103, Florida Statutes 2000. However, except as otherwise
37	provided in subsections (4) and (5) and s. 679.706, the
38	financing statement ceases to be effective at the earlier of:
39	(a)  The time the financing statement would have ceased to
40	be effective under the law of the jurisdiction in which it is
41	filed; or
42	(b)  December 31 June 30, 2006.
43	Section 2.  Paragraphs (b) and (d) of subsection (1) and
44	subsections (4) and (6) of section 713.135, Florida Statutes,
45	are amended, and paragraph (e) is added to subsection (1) of
46	that section, to read:
47	713.135  Notice of commencement and applicability of
48	lien.--
49	(1)  When any person applies for a building permit, the
50	authority issuing such permit shall:
51	(b)  Provide the applicant and the owner of the real
52	property upon which improvements are to be constructed with a
53	printed statement stating that the right, title, and interest of
54	the person who has contracted for the improvement may be subject
55	to attachment under the Construction Lien Law. The Department of
56	Business and Professional Regulation shall furnish, for
57	distribution, the statement described in this paragraph, and the
58	statement must be a summary of the Construction Lien Law and
59	must include an explanation of the provisions of the
60	Construction Lien Law relating to the recording, and the posting
61	of copies, of notices of commencement and a statement
62	encouraging the owner to record a notice of commencement and
63	post a copy of the notice of commencement in accordance with s.
64	713.13. The statement must also contain an explanation of the
65	owner's rights if a lienor fails to furnish the owner with a
66	notice as provided in s. 713.06(2) and an explanation of the
67	owner's rights as provided in s. 713.22. The authority that
68	issues the building permit must obtain from the Department of
69	Business and Professional Regulation the statement required by
70	this paragraph and must mail, deliver by electronic mail or
71	other electronic format or facsimile, or personally deliver that
72	statement to the owner or, in a case in which the owner is
73	required to personally appear to obtain the permit, provide that
74	statement to any owner making improvements to real property
75	consisting of a single or multiple family dwelling up to and
76	including four units. However, the failure by the authorities to
77	provide the summary does not subject the issuing authority to
78	liability.
79	(d)  Furnish to the applicant two or more copies of a form
80	of notice of commencement conforming with s. 713.13. If the
81	direct contract is greater than $2,500, the applicant shall file
82	with the issuing authority prior to the first inspection either
83	a certified copy of the recorded notice of commencement or a
84	notarized statement that the notice of commencement has been
85	filed for recording, along with a copy thereof. In the absence
86	of the filing of a certified copy of the recorded notice of
87	commencement, the issuing authority or a private provider
88	performing inspection services may shall not perform or approve
89	subsequent inspections until the applicant files by mail,
90	facsimile, hand delivery, or any other means such certified copy
91	with the issuing authority. The certified copy of the notice of
92	commencement must contain the name and address of the owner, the
93	name and address of the contractor, and the location or address
94	of the property being improved. The issuing authority shall
95	verify that the name and address of the owner, the name of the
96	contractor, and the location or address of the property being
97	improved which is contained in the certified copy of the notice
98	of commencement is consistent with the information in the
99	building permit application. The issuing authority shall provide
100	the recording information on the certified copy of the recorded
101	notice of commencement to any person upon request. This
102	subsection does not require the recording of a notice of
103	commencement prior to the issuance of a building permit. If a
104	local government requires a separate permit or inspection for
105	installation of temporary electrical service or other temporary
106	utility service, land clearing, or other preliminary site work,
107	such permits may be issued and such inspections may be conducted
108	without providing the issuing authority with a certified copy of
109	a recorded notice of commencement or a notarized statement
110	regarding a recorded notice of commencement. This subsection
111	does not apply to a direct contract to repair or replace an
112	existing heating or air-conditioning system in an amount less
113	than $7,500 $5,000.
114	(e)  Not require that a notice of commencement be recorded
115	as a condition of the application for or processing or issuance
116	of a building permit. However, this paragraph does not modify or
117	waive the inspection requirements set forth in this subsection.
118	(4)  The several boards of county commissioners, municipal
119	councils, or other similar bodies may by ordinance or resolution
120	establish reasonable fees for furnishing copies of the forms and
121	the printed statement provided in paragraphs paragraph (1)(b)
122	and (d) in an amount not to exceed $5 to be paid by the
123	applicant for each permit in addition to all other costs of the
124	permit; however, no forms or statement need be furnished,
125	mailed, or otherwise provided to, nor may such additional fee be
126	obtained from, applicants for permits in those cases in which
127	the owner of a legal or equitable interest (including that of
128	ownership of stock of a corporate landowner) of the real
129	property to be improved is engaged in the business of
130	construction of buildings for sale to others and intends to make
131	the improvements authorized by the permit on the property and
132	upon completion will offer the improved real property for sale.
133	(6)(a)  In addition to any other information required by
134	the authority issuing the permit, the building permit
135	application must be in substantially the following form:
136
137	Tax Folio No.__________
138	BUILDING PERMIT APPLICATION
139
140	Owner's Name
141	Owner's Address
142	Fee Simple Titleholder's Name (If other than owner)
143	Fee Simple Titleholder's Address (If other than owner)
144	City
145	State_______________ Zip_______________
146	Contractor's Name
147	Contractor's Address
148	City
149	State_______________ Zip_______________
150	Job Name
151	Job Address
152	City____________________ County_______________
153	Legal Description
154	Bonding Company
155	Bonding Company Address
156	City____________________ State_______________
157	Architect/Engineer's Name
158	Architect/Engineer's Address
159	Mortgage Lender's Name
160	Mortgage Lender's Address
161
162	Application is hereby made to obtain a permit to do the
163	work and installations as indicated. I certify that no work or
164	installation has commenced prior to the issuance of a permit and
165	that all work will be performed to meet the standards of all
166	laws regulating construction in this jurisdiction. I understand
167	that a separate permit must be secured for ELECTRICAL WORK,
168	PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
169	TANKS, and AIR CONDITIONERS, etc.
170
171	OWNER'S AFFIDAVIT: I certify that all the foregoing information
172	is accurate and that all work will be done in compliance with
173	all applicable laws regulating construction and zoning.
174
175
176	WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
177	COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
178	YOUR PROPERTY.
179
180
181	IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR
182	AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
183
184	(Signature of Owner or Agent)
185	(including contractor)
186	STATE OF FLORIDA
187	COUNTY OF _____
188
189
190	Sworn to (or affirmed) and subscribed before me this _____
191	day of _____,   (year)  , by   (name of person making statement)
192	.
193
194	(Signature of Notary Public - State of Florida)
195	(Print, Type, or Stamp Commissioned Name of Notary Public)
196
197	Personally Known _____ OR Produced Identification _____
198
199	Type of Identification Produced _______________
200	(Signature of Contractor)
201
202
203	STATE OF FLORIDA
204	COUNTY OF _____
205
206
207	Sworn to (or affirmed) and subscribed before me this _____
208	day of _____,   (year)  , by   (name of person making statement)
209
210
211	(Signature of Notary Public - State of Florida)
212	(Print, Type, or Stamp Commissioned Name of Notary Public)
213
214	Personally Known _____ OR Produced Identification _____
215
216	Type of Identification Produced _______________
217
218	(Certificate of Competency Holder)
219
220	Contractor's State Certification or Registration No._____
221
222	Contractor's Certificate of Competency No.__________
223
224	APPLICATION APPROVED BY
225	____________________ Permit Officer
226
227	(b)  Consistent with the requirements of paragraph (a), an
228	authority responsible for issuing building permits under this
229	section may accept a building permit application in an
230	electronic format, as prescribed by the authority. Building
231	permit applications submitted to the authority electronically
232	must contain the following additional statement in lieu of the
233	requirement in paragraph (a) that a signed, sworn, and notarized
234	signature of the owner or agent and the contractor be part of
235	the owner's affidavit:
236
237	OWNER'S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
238	perjury, I declare that all the information contained in this
239	building permit application is true and correct.
240
241	(c)  An authority responsible for issuing building permit
242	applications which accepts building permit applications in an
243	electronic format shall provide public Internet access to the
244	electronic building permit applications in a searchable format.
245	Section 3.  Paragraph (b) of subsection (1) of section
246	713.18, Florida Statutes, is amended to read:
247	713.18  Manner of serving notices and other instruments.--
248	(1)  Service of notices, claims of lien, affidavits,
249	assignments, and other instruments permitted or required under
250	this part, or copies thereof when so permitted or required,
251	unless otherwise specifically provided in this part, must be
252	made by one of the following methods:
253	(b)  By sending the same by registered or certified mail,
254	with postage prepaid, or by overnight or second-day delivery
255	with evidence of delivery, which may be in an electronic format.
256	1.  If a notice to owner, a notice to contractor under s.
257	713.23, or a preliminary notice under s. 255.05 is mailed by
258	registered or certified mail with postage prepaid to the person
259	to be served at any of the addresses set forth in subparagraph
260	2. within 40 days after the date the lienor first furnishes
261	labor, services, or materials, service of that notice is
262	effective as of the date of mailing if the person who served the
263	notice maintains a registered or certified mail log that shows
264	the registered or certified mail number issued by the United
265	States Postal Service, the name and address of the person
266	served, and the date stamp of the United States Postal Service
267	confirming the date of mailing or if the person who served the
268	notice maintains electronic tracking records generated through
269	use of the United States Postal Service Confirm service or a
270	similar service containing the postal tracking number, the name
271	and address of the person served, and verification of the date
272	of receipt by the United States Postal Service.
273	2.  If an instrument served pursuant to this section to the
274	last address shown in the notice of commencement or any
275	amendment thereto or, in the absence of a notice of
276	commencement, to the last address shown in the building permit
277	application, or to the last known address of the person to be
278	served, is not received, but is returned as being "refused,"
279	"moved, not forwardable," or "unclaimed," or is otherwise not
280	delivered or deliverable through no fault of the person serving
281	the item, then service is effective on the date the notice was
282	sent.
283	Section 4.  Section 713.35, Florida Statutes, is amended to
284	read:
285	713.35  Making or furnishing false statement.--Any person,
286	firm, or corporation who knowingly and intentionally makes or
287	furnishes to another person, firm, or corporation, a written
288	statement in the form of an affidavit, a waiver or release of
289	lien, or other document, whether or not under oath, containing
290	false information about the payment status of subcontractors,
291	sub-subcontractors, or suppliers in connection with the
292	improvement of real property in this state, knowing that the one
293	to whom it was furnished might rely on it, and the one to whom
294	it was furnished will part with draw payments or final payment
295	relying on the truth of such statement as an inducement to do so
296	commits is guilty of a felony of the third degree, punishable as
297	provided in s. 775.082 or s. 775.083. A state attorney or the
298	statewide prosecutor, upon the filing of an indictment or
299	information against a contractor, subcontractor, or sub-
300	subcontractor which charges such person with a violation of this
301	section, shall forward a copy of the indictment or information
302	to the Department of Business and Professional Regulation. The
303	Department of Business and Professional Regulation shall
304	promptly open an investigation into the matter and, if probable
305	cause is found, shall furnish a copy of any investigative report
306	to the state attorney or statewide prosecutor who furnished a
307	copy of the indictment or information and to the owner of the
308	property which is the subject of the investigation.
309	Section 5.  Except as otherwise expressly provided in this
310	act, this act shall take effect October 1, 2006.

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