| 1 | A bill to be entitled |
| 2 | An act relating to construction liens; amending s. 255.05, |
| 3 | F.S.; requiring a performance bond for certain contracts |
| 4 | with private entities for specified public works projects; |
| 5 | requiring that certain notices by claimants be in writing; |
| 6 | amending s. 713.01, F.S.; defining the term "final |
| 7 | furnishing"; creating s. 713.012, F.S.; requiring that |
| 8 | certain notices, demands, or requests be in writing; |
| 9 | amending s. 713.015, F.S.; requiring that certain notices |
| 10 | pertaining to direct contracts for improvements to certain |
| 11 | property be in writing; amending s. 713.02, F.S.; |
| 12 | providing for an owner and contractor to agree to the |
| 13 | furnishing of a payment bond; exempting an owner who |
| 14 | agrees from certain statutory provisions; amending s. |
| 15 | 713.07, F.S.; providing for the recommencement of |
| 16 | construction following the termination of certain |
| 17 | contracts; amending s. 713.08, F.S.; requiring that |
| 18 | certain claims of lien be sworn to or affirmed; revising |
| 19 | and conforming certain exceptions to a time limitation on |
| 20 | recording of a claim of lien; amending s. 713.13, F.S.; |
| 21 | requiring that notices of commencement include the tax |
| 22 | folio number; providing for the recording of amended |
| 23 | notices of commencement; amending s. 713.16, F.S.; |
| 24 | revising provisions relating to a lienor's right to demand |
| 25 | a statement of account; requiring that the claim of lien |
| 26 | be recorded; deleting provisions relating to the failure |
| 27 | to furnish the statement; amending s. 713.18, F.S.; |
| 28 | providing procedures for service of notices and other |
| 29 | instruments upon a limited liability company; amending s. |
| 30 | 713.22, F.S.; extending the duration of certain liens for |
| 31 | which amended claims of lien are filed; amending s. |
| 32 | 713.31, F.S.; providing for the award of attorney's fees |
| 33 | and costs to prevailing parties in certain actions |
| 34 | relating to fraudulent liens; repealing s. 713.36, F.S., |
| 35 | relating to an effective date, to delete an obsolete |
| 36 | provision; providing an effective date. |
| 37 |
|
| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
|
| 40 | Section 1. Paragraph (a) of subsection (1) and paragraph |
| 41 | (a) of subsection (2) of section 255.05, Florida Statutes, are |
| 42 | amended to read: |
| 43 | 255.05 Bond of contractor constructing public buildings; |
| 44 | form; action by materialmen.-- |
| 45 | (1)(a) Any person entering into a formal contract with the |
| 46 | state or any county, city, or political subdivision thereof, or |
| 47 | other public authority or private entity, for the construction |
| 48 | of a public building, for the prosecution and completion of a |
| 49 | public work, or for repairs upon a public building or public |
| 50 | work shall be required, before commencing the work or before |
| 51 | recommencing the work after a default or abandonment, to |
| 52 | execute, deliver to the public owner, and record in the public |
| 53 | records of the county where the improvement is located, a |
| 54 | payment and performance bond with a surety insurer authorized to |
| 55 | do business in this state as surety. A public entity may not |
| 56 | require a contractor to secure a surety bond under this section |
| 57 | from a specific agent or bonding company. The bond must state on |
| 58 | its front page: the name, principal business address, and phone |
| 59 | number of the contractor, the surety, the owner of the property |
| 60 | being improved, and, if different from the owner, the |
| 61 | contracting public entity; the contract number assigned by the |
| 62 | contracting public entity; and a description of the project |
| 63 | sufficient to identify it, such as a legal description or the |
| 64 | street address of the property being improved, and a general |
| 65 | description of the improvement. Such bond shall be conditioned |
| 66 | upon the contractor's performance of the construction work in |
| 67 | the time and manner prescribed in the contract and promptly |
| 68 | making payments to all persons defined in s. 713.01 who furnish |
| 69 | labor, services, or materials for the prosecution of the work |
| 70 | provided for in the contract. Any claimant may apply to the |
| 71 | governmental entity having charge of the work for copies of the |
| 72 | contract and bond and shall thereupon be furnished with a |
| 73 | certified copy of the contract and bond. The claimant shall have |
| 74 | a right of action against the contractor and surety for the |
| 75 | amount due him or her, including unpaid finance charges due |
| 76 | under the claimant's contract. Such action shall not involve the |
| 77 | public authority in any expense. When such work is done for the |
| 78 | state and the contract is for $100,000 or less, no payment and |
| 79 | performance bond shall be required. At the discretion of the |
| 80 | official or board awarding such contract when such work is done |
| 81 | for any county, city, political subdivision, or public |
| 82 | authority, any person entering into such a contract which is for |
| 83 | $200,000 or less may be exempted from executing the payment and |
| 84 | performance bond. When such work is done for the state, the |
| 85 | Secretary of the Department of Management Services may delegate |
| 86 | to state agencies the authority to exempt any person entering |
| 87 | into such a contract amounting to more than $100,000 but less |
| 88 | than $200,000 from executing the payment and performance bond. |
| 89 | In the event such exemption is granted, the officer or officials |
| 90 | shall not be personally liable to persons suffering loss because |
| 91 | of granting such exemption. The Department of Management |
| 92 | Services shall maintain information on the number of requests by |
| 93 | state agencies for delegation of authority to waive the bond |
| 94 | requirements by agency and project number and whether any |
| 95 | request for delegation was denied and the justification for the |
| 96 | denial. Any provision in a payment bond furnished for public |
| 97 | work contracts as provided by this subsection which restricts |
| 98 | the classes of persons as defined in s. 713.01 protected by the |
| 99 | bond or the venue of any proceeding relating to such bond is |
| 100 | unenforceable. |
| 101 | (2)(a)1. If a claimant is no longer furnishing labor, |
| 102 | services, or materials on a project, a contractor or the |
| 103 | contractor's agent or attorney may elect to shorten the |
| 104 | prescribed time in this paragraph within which an action to |
| 105 | enforce any claim against a payment bond provided pursuant to |
| 106 | this section may be commenced by recording in the clerk's office |
| 107 | a notice in substantially the following form: |
| 108 |
|
| 109 | NOTICE OF CONTEST OF CLAIM |
| 110 | AGAINST PAYMENT BOND |
| 111 |
|
| 112 | To: (Name and address of claimant) |
| 113 |
|
| 114 | You are notified that the undersigned contests your notice |
| 115 | of nonpayment, dated _______________, __________, and served on |
| 116 | the undersigned on _______________, __________, and that the |
| 117 | time within which you may file suit to enforce your claim is |
| 118 | limited to 60 days after the date of service of this notice. |
| 119 |
|
| 120 | DATED on _______________, __________. |
| 121 |
|
| 122 | Signed: (Contractor or Attorney) |
| 123 |
|
| 124 | The claim of any claimant upon whom such notice is served and |
| 125 | who fails to institute a suit to enforce his or her claim |
| 126 | against the payment bond within 60 days after service of such |
| 127 | notice shall be extinguished automatically. The clerk shall mail |
| 128 | a copy of the notice of contest to the claimant at the address |
| 129 | shown in the notice of nonpayment or most recent amendment |
| 130 | thereto and shall certify to such service on the face of such |
| 131 | notice and record the notice. Service is complete upon mailing. |
| 132 | 2. A claimant, except a laborer, who is not in privity |
| 133 | with the contractor shall, before commencing or not later than |
| 134 | 45 days after commencing to furnish labor, materials, or |
| 135 | supplies for the prosecution of the work, furnish the contractor |
| 136 | with a written notice that he or she intends to look to the bond |
| 137 | for protection. A claimant who is not in privity with the |
| 138 | contractor and who has not received payment for his or her |
| 139 | labor, materials, or supplies shall deliver to the contractor |
| 140 | and to the surety written notice of the performance of the labor |
| 141 | or delivery of the materials or supplies and of the nonpayment. |
| 142 | The notice of nonpayment may be served at any time during the |
| 143 | progress of the work or thereafter but not before 45 days after |
| 144 | the first furnishing of labor, services, or materials, and not |
| 145 | later than 90 days after the final furnishing of the labor, |
| 146 | services, or materials by the claimant or, with respect to |
| 147 | rental equipment, not later than 90 days after the date that the |
| 148 | rental equipment was last on the job site available for use. Any |
| 149 | notice of nonpayment served by a claimant who is not in privity |
| 150 | with the contractor which includes sums for retainage must |
| 151 | specify the portion of the amount claimed for retainage. No |
| 152 | action for the labor, materials, or supplies may be instituted |
| 153 | against the contractor or the surety unless both notices have |
| 154 | been given. Notices required or permitted under this section may |
| 155 | be served in accordance with s. 713.18. A claimant may not waive |
| 156 | in advance his or her right to bring an action under the bond |
| 157 | against the surety. In any action brought to enforce a claim |
| 158 | against a payment bond under this section, the prevailing party |
| 159 | is entitled to recover a reasonable fee for the services of his |
| 160 | or her attorney for trial and appeal or for arbitration, in an |
| 161 | amount to be determined by the court, which fee must be taxed as |
| 162 | part of the prevailing party's costs, as allowed in equitable |
| 163 | actions. The time periods for service of a notice of nonpayment |
| 164 | or for bringing an action against a contractor or a surety shall |
| 165 | be measured from the last day of furnishing labor, services, or |
| 166 | materials by the claimant and shall not be measured by other |
| 167 | standards, such as the issuance of a certificate of occupancy or |
| 168 | the issuance of a certificate of substantial completion. |
| 169 | Section 2. Subsections (12) through (28) of section |
| 170 | 713.01, Florida Statutes, are renumbered as subsections (13) |
| 171 | through (29), respectively, and a new subsection (12) is added |
| 172 | to that section, to read: |
| 173 | 713.01 Definitions.--As used in this part, the term: |
| 174 | (12) "Final furnishing" means the last date that the |
| 175 | lienor furnishes labor, services, or materials. Such date may |
| 176 | not be measured by other standards, such as the issuance of a |
| 177 | certificate of occupancy or the issuance of a certificate of |
| 178 | final completion, and does not include correction of |
| 179 | deficiencies in the lienor's previously performed work or |
| 180 | materials supplied. With respect to rental equipment, the term |
| 181 | means the date that the rental equipment was last on the job |
| 182 | site and available for use. |
| 183 | Section 3. Section 713.012, Florida Statutes, is created |
| 184 | to read: |
| 185 | 713.012 Written notices, demands, or requests.--Notices, |
| 186 | demands, or requests permitted or required under this part, |
| 187 | except any required by s. 713.04, must be in writing. |
| 188 | Section 4. Section 713.015, Florida Statutes, is amended |
| 189 | to read: |
| 190 | 713.015 Mandatory provisions for direct contracts.-- |
| 191 | (1) Any direct contract between an owner and a contractor, |
| 192 | related to improvements to real property consisting of single or |
| 193 | multiple family dwellings up to and including four units, must |
| 194 | contain the following notice provision printed in no less than |
| 195 | 14-point, capitalized, boldfaced type on the front page of the |
| 196 | contract: |
| 197 |
|
| 198 | ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001- |
| 199 | 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR |
| 200 | PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO |
| 201 | ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. IF YOUR |
| 202 | CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB- |
| 203 | SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THE PEOPLE WHO ARE OWED |
| 204 | MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE |
| 205 | ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR |
| 206 | CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR |
| 207 | PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE |
| 208 | SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER |
| 209 | SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED |
| 210 | TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS |
| 211 | CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS |
| 212 | REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY |
| 213 | PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." |
| 214 | FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS |
| 215 | RECOMMENDED THAT YOU CONSULT AN ATTORNEY. |
| 216 | (2)(a) If the contract is written, the notice must be in |
| 217 | the contract document. If the contract is oral or implied, the |
| 218 | notice must be provided in a document referencing the contract. |
| 219 | (b) The failure to provide such written notice does not |
| 220 | bar the enforcement of a lien against a person who has not been |
| 221 | adversely affected. |
| 222 | (c) Nothing in This section may not shall be construed to |
| 223 | adversely affect the lien and bond rights of lienors who are not |
| 224 | in privity with the owner. This section does not apply when the |
| 225 | owner is a contractor licensed under chapter 489 or is a person |
| 226 | who created parcels or offers parcels for sale or lease in the |
| 227 | ordinary course of business. |
| 228 | Section 5. Subsection (6) of section 713.02, Florida |
| 229 | Statutes, is amended to read: |
| 230 | 713.02 Types of lienors and exemptions.-- |
| 231 | (6) In any direct contract The owner and contractor may |
| 232 | agree that require the contractor shall to furnish a payment |
| 233 | bond as provided in s. 713.23, and upon receipt of the bond the |
| 234 | owner is shall be exempt from the other provisions of this part |
| 235 | as to that direct contract, but this does not exempt the owner |
| 236 | from the lien of the contractor who furnishes the bond. If the |
| 237 | bond is provided, it shall secure all liens subsequently |
| 238 | accruing under this part as provided in s. 713.23. |
| 239 | Section 6. Subsection (4) of section 713.07, Florida |
| 240 | Statutes, is amended to read: |
| 241 | 713.07 Priority of liens.-- |
| 242 | (4) If construction ceases or the direct contract is |
| 243 | terminated before completion and the owner desires to recommence |
| 244 | construction, he or she may pay all lienors in full or pro rata |
| 245 | in accordance with s. 713.06(4) prior to recommencement in which |
| 246 | event all liens for the recommenced construction shall take |
| 247 | priority from such recommencement; or the owner may record an |
| 248 | affidavit in the clerk's office stating his or her intention to |
| 249 | recommence construction and that all lienors giving notice have |
| 250 | been paid in full except those listed therein as not having been |
| 251 | so paid in which event 30 days after such recording, the rights |
| 252 | of any person acquiring any interest, lien, or encumbrance on |
| 253 | said property or of any lienor on the recommenced construction |
| 254 | shall be paramount to any lien on the prior construction unless |
| 255 | such prior lienor records a claim of lien within said 30-day |
| 256 | period. A copy of said affidavit shall be served on each lienor |
| 257 | named therein. Before recommencing, the owner shall record and |
| 258 | post a notice of commencement for the recommenced construction, |
| 259 | as provided in s. 713.13. |
| 260 | Section 7. Subsections (2) and (5) of section 713.08, |
| 261 | Florida Statutes, are amended to read: |
| 262 | 713.08 Claim of lien.-- |
| 263 | (2) The claim of lien shall be signed and sworn to or |
| 264 | affirmed verified by the lienor or the lienor's her or his agent |
| 265 | acquainted with the facts stated therein. |
| 266 | (5) The claim of lien may be recorded at any time during |
| 267 | the progress of the work or thereafter but not later than 90 |
| 268 | days after the final furnishing of the labor or services or |
| 269 | materials by the lienor. However,; or, with respect to rental |
| 270 | equipment, within 90 days after the date that the rental |
| 271 | equipment was last on the job site available for use; provided |
| 272 | if the original contractor defaults or the contract is |
| 273 | terminated under s. 713.07(4), a no claim for a lien attaching |
| 274 | prior to such termination may not default shall be recorded |
| 275 | after 90 days following from the date of such termination |
| 276 | default or 90 days after the final performance of labor or |
| 277 | services or furnishing of materials, whichever occurs first. The |
| 278 | time period for recording a claim of lien shall be measured from |
| 279 | the last day of furnishing of labor, services, or materials by |
| 280 | the lienor, whichever occurs first and shall not be measured by |
| 281 | other standards, such as the issuance of a certificate of |
| 282 | occupancy or the issuance of a certificate of substantial |
| 283 | completion. The claim of lien shall be recorded in the clerk's |
| 284 | office. If such real property is situated in two or more |
| 285 | counties, the claim of lien shall be recorded in the clerk's |
| 286 | office in each of such counties. The recording of the claim of |
| 287 | lien shall be constructive notice to all persons of the contents |
| 288 | and effect of such claim. The validity of the lien and the right |
| 289 | to record a claim therefor shall not be affected by the |
| 290 | insolvency, bankruptcy, or death of the owner before the claim |
| 291 | of lien is recorded. |
| 292 | Section 8. Paragraph (a) of subsection (1) of section |
| 293 | 713.13, Florida Statutes, is amended, subsections (5) and (6) of |
| 294 | that section are renumbered as subsections (6) and (7), |
| 295 | respectively, and a new subsection (5) is added to that section, |
| 296 | to read: |
| 297 | 713.13 Notice of commencement.-- |
| 298 | (1)(a) Except for an improvement that is exempt pursuant |
| 299 | to s. 713.02(5), an owner or the owner's authorized agent before |
| 300 | actually commencing to improve any real property, or |
| 301 | recommencing completion of any improvement after default or |
| 302 | abandonment, whether or not a project has a payment bond |
| 303 | complying with s. 713.23, shall record a notice of commencement |
| 304 | in the clerk's office and forthwith post either a certified copy |
| 305 | thereof or a notarized statement that the notice of commencement |
| 306 | has been filed for recording along with a copy thereof. The |
| 307 | notice of commencement shall contain the following information: |
| 308 | 1. A description sufficient for identification of the real |
| 309 | property to be improved. The description should include the |
| 310 | legal description of the property and also should include the |
| 311 | street address and tax folio number of the property if available |
| 312 | or, if there is no street address available, such additional |
| 313 | information as will describe the physical location of the real |
| 314 | property to be improved. |
| 315 | 2. A general description of the improvement. |
| 316 | 3. The name and address of the owner, the owner's interest |
| 317 | in the site of the improvement, and the name and address of the |
| 318 | fee simple titleholder, if other than such owner. |
| 319 | 4. The name and address of the contractor. |
| 320 | 5. The name and address of the surety on the payment bond |
| 321 | under s. 713.23, if any, and the amount of such bond. |
| 322 | 6. The name and address of any person making a loan for |
| 323 | the construction of the improvements. |
| 324 | 7. The name and address within the state of a person other |
| 325 | than himself or herself who may be designated by the owner as |
| 326 | the person upon whom notices or other documents may be served |
| 327 | under this part; and service upon the person so designated |
| 328 | constitutes service upon the owner. |
| 329 | (5)(a) A notice of commencement that is recorded within |
| 330 | the effective period may be amended to extend the effective |
| 331 | period, change erroneous information in the original notice, or |
| 332 | add information that was omitted from the original notice. |
| 333 | However, in order to change contractors, a new notice of |
| 334 | commencement or notice of recommencement must be executed and |
| 335 | recorded. |
| 336 | (b) The amended notice must identify the official records |
| 337 | book and page where the original notice of commencement is |
| 338 | recorded, and a copy of the amended notice must be served by the |
| 339 | owner upon the contractor and each lienor who serves notice |
| 340 | before or within 30 days after the date the amended notice is |
| 341 | recorded. |
| 342 | Section 9. Subsections (5) and (6) of section 713.16, |
| 343 | Florida Statutes, are amended to read: |
| 344 | 713.16 Demand for copy of contract and statements of |
| 345 | account; form.-- |
| 346 | (5)(a) Any lienor who has recorded filed a claim of lien |
| 347 | may make written demand on the owner for a written statement |
| 348 | under oath showing: |
| 349 | 1. The amount of the all direct contract under which the |
| 350 | lien was recorded; contracts; the amount paid by or on behalf of |
| 351 | the owner for all labor, services, and materials furnished |
| 352 | pursuant to the direct contracts; |
| 353 | 2. The dates and amounts paid or to be paid by or on |
| 354 | behalf of the owner for all improvements described in the any |
| 355 | direct contract contracts; and |
| 356 | 3. The reasonable estimated costs of completing the, |
| 357 | according to the terms and specifications of same, any direct |
| 358 | contract under which the lien was claimed pursuant to the scope |
| 359 | of the direct contract; and construction has ceased. |
| 360 | 4. If known, the actual cost of completion must be |
| 361 | provided. |
| 362 | (b) Any owner who does not provide the statement within 30 |
| 363 | days after demand, or who provides a false or fraudulent |
| 364 | statement, is not a prevailing party for purposes of an award of |
| 365 | attorney's fees under s. 713.29. The written demand must include |
| 366 | the following warning in conspicuous type in substantially the |
| 367 | following form: |
| 368 | WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT |
| 369 | WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL |
| 370 | RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY |
| 371 | ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING |
| 372 | THIS STATEMENT. |
| 373 | (6) For purposes of this section, the term "information" |
| 374 | means the nature and quantity of the labor, services, and |
| 375 | materials furnished or to be furnished by a lienor and the |
| 376 | amount paid, the amount due, and the amount to become due on the |
| 377 | lienor's account. The failure to furnish the statement under |
| 378 | oath does not constitute an omission of information and shall |
| 379 | deprive the lienor of his or her lien. |
| 380 | Section 10. Section 713.18, Florida Statutes, is amended |
| 381 | to read: |
| 382 | 713.18 Manner of serving notices and other instruments.-- |
| 383 | (1) Service of notices, claims of lien, affidavits, |
| 384 | assignments, and other instruments permitted or required under |
| 385 | this part, or copies thereof when so permitted or required, |
| 386 | unless otherwise specifically provided in this part, must be |
| 387 | made by one of the following methods: |
| 388 | (a) By actual delivery to the person to be served; or, if |
| 389 | a partnership, to one of the partners; or, if a corporation, to |
| 390 | an officer, director, managing agent, or business agent; or, if |
| 391 | a limited liability company, to a member or manager thereof. |
| 392 | (b) By sending the same by registered or certified mail, |
| 393 | with postage prepaid, or by overnight or second-day delivery |
| 394 | with evidence of delivery, which may be in an electronic format. |
| 395 | (c) If the method specified in paragraph (a) or paragraph |
| 396 | (b) cannot be accomplished, by posting on the premises. |
| 397 | (2)1. Notwithstanding subsection (1), if a notice to |
| 398 | owner, a notice to contractor under s. 713.23, or a preliminary |
| 399 | notice under s. 255.05 is mailed by registered or certified mail |
| 400 | with postage prepaid to the person to be served at any of the |
| 401 | addresses set forth in subsection (3) subparagraph 2. within 40 |
| 402 | days after the date the lienor first furnishes labor, services, |
| 403 | or materials, service of that notice is effective as of the date |
| 404 | of mailing if the person who served the notice maintains a |
| 405 | registered or certified mail log that shows the registered or |
| 406 | certified mail number issued by the United States Postal |
| 407 | Service, the name and address of the person served, and the date |
| 408 | stamp of the United States Postal Service confirming the date of |
| 409 | mailing or if the person who served the notice maintains |
| 410 | electronic tracking records generated through use of the United |
| 411 | States Postal Service Confirm service or a similar service |
| 412 | containing the postal tracking number, the name and address of |
| 413 | the person served, and verification of the date of receipt by |
| 414 | the United States Postal Service. |
| 415 | (3)2. If an instrument served pursuant to this section to |
| 416 | the last address shown in the notice of commencement or any |
| 417 | amendment thereto or, in the absence of a notice of |
| 418 | commencement, to the last address shown in the building permit |
| 419 | application, or to the last known address of the person to be |
| 420 | served, is not received, but is returned as being "refused," |
| 421 | "moved, not forwardable," or "unclaimed," or is otherwise not |
| 422 | delivered or deliverable through no fault of the person serving |
| 423 | the item, then service is effective on the date the instrument |
| 424 | notice was sent. |
| 425 | (c) If none of the foregoing methods can be accomplished, |
| 426 | by posting on the premises. |
| 427 | (4)(2) If the real property is owned by more than one |
| 428 | person or a partnership, a lienor may serve any notices or other |
| 429 | papers under this part on any one of such owners or partners, |
| 430 | and such notice is deemed notice to all owners and partners. |
| 431 | Section 11. Subsection (1) of section 713.22, Florida |
| 432 | Statutes, is amended to read: |
| 433 | 713.22 Duration of lien.-- |
| 434 | (1) No lien provided by this part shall continue for a |
| 435 | longer period than 1 year after the claim of lien has been |
| 436 | recorded or 1 year after the recording of an amended claim of |
| 437 | lien that shows a later date of final furnishing of labor, |
| 438 | services, or materials, unless within that time an action to |
| 439 | enforce the lien is commenced in a court of competent |
| 440 | jurisdiction. The continuation of the lien effected by the |
| 441 | commencement of the action shall not be good against creditors |
| 442 | or subsequent purchasers for a valuable consideration and |
| 443 | without notice, unless a notice of lis pendens is recorded. |
| 444 | Section 12. Paragraph (c) of subsection (2) of section |
| 445 | 713.31, is amended to read: |
| 446 | 713.31 Remedies in case of fraud or collusion.-- |
| 447 | (2) |
| 448 | (c) An owner against whose interest in real property a |
| 449 | fraudulent lien is filed, or any contractor, subcontractor, or |
| 450 | sub-subcontractor who suffers damages as a result of the filing |
| 451 | of the fraudulent lien, shall have a right of action for damages |
| 452 | occasioned thereby. The action may be instituted independently |
| 453 | of any other action, or in connection with a summons to show |
| 454 | cause under s. 713.21, or as a counterclaim or cross-claim to |
| 455 | any action to enforce or to determine the validity of the lien. |
| 456 | The prevailing party in an action under this paragraph may |
| 457 | recover reasonable attorney's fees and costs. If the lienor who |
| 458 | files a fraudulent lien is not the prevailing party, the lienor |
| 459 | shall be liable to the owner or the defrauded party who prevails |
| 460 | in an action under this subsection in damages, which shall |
| 461 | include court costs, clerk's fees, a reasonable attorney's fee |
| 462 | and costs for services in securing the discharge of the lien, |
| 463 | the amount of any premium for a bond given to obtain the |
| 464 | discharge of the lien, interest on any money deposited for the |
| 465 | purpose of discharging the lien, and punitive damages in an |
| 466 | amount not exceeding the difference between the amount claimed |
| 467 | by the lienor to be due or to become due and the amount actually |
| 468 | due or to become due. |
| 469 | Section 13. Section 713.36, Florida Statutes, is repealed. |
| 470 | Section 14. This act shall take effect July 1, 2007. |