Senate Bill sb0588c1
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Florida Senate - 2006 CS for SB 588
By the Committee on Criminal Justice; and Senator Constantine
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1 A bill to be entitled
2 An act relating to liens; amending s. 713.135,
3 F.S.; revising certain requirements for notice
4 of commencement and applicability of liens
5 which pertain to certain authorities issuing
6 building permits; prohibiting private providers
7 performing inspection services from performing
8 or approving certain inspections under certain
9 circumstances; increasing a threshold amount
10 for certain nonapplication; prohibiting issuing
11 authorities or building officials from
12 requiring recordation of a notice of
13 commencement for certain purposes; authorizing
14 authorities issuing building permits to accept
15 permit applications electronically; requiring
16 an electronic application to include an
17 electronic submission statement; requiring the
18 provision of Internet access to electronically
19 submitted building permit applications;
20 amending s. 713.18, F.S.; providing for
21 electronic verification of service of notices
22 and other documents; amending s. 713.35, F.S.;
23 revising the list of legal documents in which
24 it is a crime to knowingly and intentionally
25 include certain false information; providing
26 penalties; amending s. 679.705, F.S.; delaying
27 the time at which certain financing statements
28 cease to be effective; providing effective
29 dates.
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31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Paragraphs (b) and (d) of subsection (1)
2 and subsections (4) and (6) of section 713.135, Florida
3 Statutes, are amended, and paragraph (e) is added to
4 subsection (1) of that section, to read:
5 713.135 Notice of commencement and applicability of
6 lien.--
7 (1) When any person applies for a building permit, the
8 authority issuing such permit shall:
9 (b) Provide the applicant and the owner of the real
10 property upon which improvements are to be constructed with a
11 printed statement stating that the right, title, and interest
12 of the person who has contracted for the improvement may be
13 subject to attachment under the Construction Lien Law. The
14 Department of Business and Professional Regulation shall
15 furnish, for distribution, the statement described in this
16 paragraph, and the statement must be a summary of the
17 Construction Lien Law and must include an explanation of the
18 provisions of the Construction Lien Law relating to the
19 recording, and the posting of copies, of notices of
20 commencement and a statement encouraging the owner to record a
21 notice of commencement and post a copy of the notice of
22 commencement in accordance with s. 713.13. The statement must
23 also contain an explanation of the owner's rights if a lienor
24 fails to furnish the owner with a notice as provided in s.
25 713.06(2) and an explanation of the owner's rights as provided
26 in s. 713.22. The authority that issues the building permit
27 must obtain from the Department of Business and Professional
28 Regulation the statement required by this paragraph and must
29 mail, deliver by electronic mail or other electronic format or
30 facsimile, or personally deliver that statement to the owner
31 or, if the owner is required to personally appear to obtain
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1 the permit, provide that statement to any owner making
2 improvements to real property consisting of a single or
3 multiple family dwelling up to and including four units.
4 However, the failure by the authorities to provide the summary
5 does not subject the issuing authority to liability.
6 (d) Furnish to the applicant two or more copies of a
7 form of notice of commencement conforming with s. 713.13. If
8 the direct contract is greater than $2,500, the applicant
9 shall file with the issuing authority prior to the first
10 inspection either a certified copy of the recorded notice of
11 commencement or a notarized statement that the notice of
12 commencement has been filed for recording, along with a copy
13 thereof. In the absence of the filing of a certified copy of
14 the recorded notice of commencement, the issuing authority or
15 a private provider performing inspection services may shall
16 not perform or approve subsequent inspections until the
17 applicant files by mail, facsimile, hand delivery, or any
18 other means such certified copy with the issuing authority.
19 The certified copy of the notice of commencement must contain
20 the name and address of the owner, the name and address of the
21 contractor, and the location or address of the property being
22 improved. The issuing authority shall verify that the name and
23 address of the owner, the name of the contractor, and the
24 location or address of the property being improved which is
25 contained in the certified copy of the notice of commencement
26 is consistent with the information in the building permit
27 application. The issuing authority shall provide the recording
28 information on the certified copy of the recorded notice of
29 commencement to any person upon request. This subsection does
30 not require the recording of a notice of commencement prior to
31 the issuance of a building permit. If a local government
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1 requires a separate permit or inspection for installation of
2 temporary electrical service or other temporary utility
3 service, land clearing, or other preliminary site work, such
4 permits may be issued and such inspections may be conducted
5 without providing the issuing authority with a certified copy
6 of a recorded notice of commencement or a notarized statement
7 regarding a recorded notice of commencement. This subsection
8 does not apply to a direct contract to repair or replace an
9 existing heating or air-conditioning system in an amount less
10 than $7,500 $5,000.
11 (e) An issuing authority or a building official may
12 not require that a notice of commencement be recorded as a
13 condition of the application, processing, or issuance of a
14 building permit. However, this paragraph does not modify or
15 waive the inspection requirements set forth in this
16 subsection.
17 (4) The several boards of county commissioners,
18 municipal councils, or other similar bodies may by ordinance
19 or resolution establish reasonable fees for furnishing copies
20 of the forms and the printed statement provided in paragraphs
21 (1)(b) and (d) paragraph (1)(d) in an amount not to exceed $5
22 to be paid by the applicant for each permit in addition to all
23 other costs of the permit; however, the no forms or statement
24 need not be furnished, mailed, or otherwise provided to, and
25 nor may such additional fee may not be obtained from,
26 applicants for permits in those cases in which the owner of a
27 legal or equitable interest (including that of ownership of
28 stock of a corporate landowner) of the real property to be
29 improved is engaged in the business of construction of
30 buildings for sale to others and intends to make the
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1 improvements authorized by the permit on the property and upon
2 completion will offer the improved real property for sale.
3 (6)(a) In addition to any other information required
4 by the authority issuing the permit, the building permit
5 application must be in substantially the following form:
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7 Tax Folio No.........
8 BUILDING PERMIT APPLICATION
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10 Owner's Name..................................................
11 Owner's Address...............................................
12 Fee Simple Titleholder's Name (If other than owner)...........
13 Fee Simple Titleholder's Address (If other than owner)........
14 City..........................................................
15 State............ Zip............
16 Contractor's Name.............................................
17 Contractor's Address..........................................
18 City..........................................................
19 State............ Zip............
20 Job Name......................................................
21 Job Address...................................................
22 City................ County............
23 Legal Description.............................................
24 Bonding Company...............................................
25 Bonding Company Address.......................................
26 City................ State............
27 Architect/Engineer's Name.....................................
28 Architect/Engineer's Address..................................
29 Mortgage Lender's Name........................................
30 Mortgage Lender's Address.....................................
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1 Application is hereby made to obtain a permit to do the
2 work and installations as indicated. I certify that no work
3 or installation has commenced prior to the issuance of a
4 permit and that all work will be performed to meet the
5 standards of all laws regulating construction in this
6 jurisdiction. I understand that a separate permit must be
7 secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS,
8 FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc.
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10 OWNER'S AFFIDAVIT: I certify that all the foregoing
11 information is accurate and that all work will be done in
12 compliance with all applicable laws regulating construction
13 and zoning.
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15 WARNING TO OWNER: YOUR FAILURE TO RECORD A
16 NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
17 PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.
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19 IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH
20 YOUR LENDER OR AN ATTORNEY BEFORE RECORDING
21 YOUR NOTICE OF COMMENCEMENT.
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23 ...(Signature of Owner or Agent)...
24 ...(including contractor)...
25 STATE OF FLORIDA
26 COUNTY OF ....
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29 Sworn to (or affirmed) and subscribed before me this
30 .... day of ...., ...(year)..., by ...(name of person making
31 statement)....
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2 ...(Signature of Notary Public - State of Florida)...
3 ...(Print, Type, or Stamp Commissioned Name of Notary
4 Public)...
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6 Personally Known .... OR Produced Identification ....
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8 Type of Identification Produced............
9 ...(Signature of Contractor)...
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12 STATE OF FLORIDA
13 COUNTY OF ....
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16 Sworn to (or affirmed) and subscribed before me this
17 .... day of ...., ...(year)..., by ...(name of person making
18 statement)....
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20 ...(Signature of Notary Public - State of Florida)...
21 ...(Print, Type, or Stamp Commissioned Name of Notary
22 Public)...
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24 Personally Known .... OR Produced Identification ....
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26 Type of Identification Produced............
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28 (Certificate of Competency Holder)
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30 Contractor's State Certification or Registration No.....
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1 Contractor's Certificate of Competency No.........
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3 APPLICATION APPROVED BY
4 ................Permit Officer
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6 (b) Consistent with the requirements of paragraph (a),
7 an authority responsible for issuing building permits under
8 this section may accept a building permit application in an
9 electronic format, as prescribed by the authority. A building
10 permit application that is submitted electronically to the
11 authority must contain the following additional statement in
12 lieu of the requirement that a signed, sworn, and notarized
13 signature of the owner or agent and the contractor be part of
14 the owner's affidavit:
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16 OWNER'S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
17 perjury, I declare that all the information contained in this
18 building permit application is true and correct.
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20 (c) An authority responsible for issuing building
21 permit applications which accepts building permit applications
22 in an electronic format must provide public Internet access to
23 the electronic building permit applications in a searchable
24 format.
25 Section 2. Paragraph (b) of subsection (1) of section
26 713.18, Florida Statutes, is amended to read:
27 713.18 Manner of serving notices and other
28 instruments.--
29 (1) Service of notices, claims of lien, affidavits,
30 assignments, and other instruments permitted or required under
31 this part, or copies thereof when so permitted or required,
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1 unless otherwise specifically provided in this part, must be
2 made by one of the following methods:
3 (b) By sending the same by registered or certified
4 mail, with postage prepaid, or by overnight or second-day
5 delivery with evidence of delivery, which may be in an
6 electronic format.
7 1. If a notice to owner, a notice to contractor under
8 s. 713.23, or a preliminary notice under s. 255.05 is mailed
9 by registered or certified mail with postage prepaid to the
10 person to be served at any of the addresses set forth in
11 subparagraph 2. within 40 days after the date the lienor first
12 furnishes labor, services, or materials, service of that
13 notice is effective as of the date of mailing if the person
14 who served the notice maintains a registered or certified mail
15 log that shows the registered or certified mail number issued
16 by the United States Postal Service, the name and address of
17 the person served, and the date stamp of the United States
18 Postal Service confirming the date of mailing, or if the
19 person who served the notice maintains electronic tracking
20 records generated through use of the United States Postal
21 Service "confirm" or similar service containing the postal
22 tracking number, the name and address of the person served,
23 and verification of the date of receipt by the United States
24 Postal Service.
25 2. If an instrument served pursuant to this section to
26 the last address shown in the notice of commencement or any
27 amendment thereto or, in the absence of a notice of
28 commencement, to the last address shown in the building permit
29 application, or to the last known address of the person to be
30 served, is not received, but is returned as being "refused,"
31 "moved, not forwardable," or "unclaimed," or is otherwise not
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1 delivered or deliverable through no fault of the person
2 serving the item, then service is effective on the date the
3 notice was sent.
4 Section 3. Section 713.35, Florida Statutes, is
5 amended to read:
6 713.35 Making or furnishing false statement.--Any
7 person, firm, or corporation who knowingly and intentionally
8 makes or furnishes to another person, firm, or corporation, a
9 written statement in the form of an affidavit, waiver or
10 release of lien, or other document, whether or not under oath,
11 containing false information about the payment status of
12 subcontractors, sub-subcontractors, or suppliers in connection
13 with the improvement of real property in this state, knowing
14 that the one to whom it was furnished might rely on it, and
15 the one to whom it was furnished will part with draw payments
16 or final payment relying on the truth of such statement as an
17 inducement to do so commits is guilty of a felony of the third
18 degree, punishable as provided in s. 775.082 or s. 775.083. A
19 state attorney or the statewide prosecutor, upon the filing of
20 an indictment or information against a contractor,
21 subcontractor, or sub-subcontractor which charges such person
22 with a violation of this section, shall forward a copy of the
23 indictment or information to the Department of Business and
24 Professional Regulation. The Department of Business and
25 Professional Regulation shall promptly open an investigation
26 into the matter and, if probable cause is found, shall furnish
27 a copy of any investigative report to the state attorney or
28 statewide prosecutor who furnished a copy of the indictment or
29 information and to the owner of the property which is the
30 subject of the investigation.
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1 Section 4. Effective upon this act becoming a law,
2 subsection (3) of section 679.705, Florida Statutes, is
3 amended to read:
4 679.705 Effectiveness of action taken before effective
5 date.--
6 (3) This act does not render ineffective an effective
7 financing statement that, before this act takes effect, is
8 filed and satisfies the applicable requirements for perfection
9 under the law of the jurisdiction governing perfection as
10 provided in s. 679.103, Florida Statutes 2000. However, except
11 as otherwise provided in subsections (4) and (5) and s.
12 679.706, the financing statement ceases to be effective at the
13 earlier of:
14 (a) The time the financing statement would have ceased
15 to be effective under the law of the jurisdiction in which it
16 is filed; or
17 (b) December 31 June 30, 2006.
18 Section 5. Except as otherwise expressly provided in
19 this act and except for this section, which shall take effect
20 upon this act becoming a law, this act shall take effect
21 October 1, 2006.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 588
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4 - Section 1 of the bill is deleted by the committee
substitute. This has the effect of reinstating current
5 law, s. 713.13(1)(c), F.S.
6 - Requirements for the electronic submission of a building
permit application are clarified.
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- A new section is added to the original bill, amending s.
8 713.18(1)(b), F.S., to provide for electronic evidence of
delivery of notices, claims of liens, affidavits and
9 other instruments permitted or required under the
construction lien law.
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- The title is amended to broaden the bill to become an act
11 relating to liens, and a section is added which corrects
a glitch in the 2001 re-write of Article 9 of the Uniform
12 Commercial Code regarding the expiration date of
financing statements.
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