CS/HB 1285

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	revising requirements relating to when claimants must
7	provide certain notices; amending s. 713.01, F.S.;
8	defining the term "final furnishing"; revising the
9	definition of the term "furnish materials"; creating s.
10	713.012, F.S.; requiring that certain notices, demands, or
11	requests be in writing; amending s. 713.015, F.S.;
12	requiring that certain notices pertaining to direct
13	contracts greater that $2,500 for improvements to certain
14	property be in writing; amending s. 713.02, F.S.;
15	providing for an owner and contractor to agree to the
16	furnishing of a payment bond; exempting an owner who
17	agrees from certain statutory provisions; amending s.
18	713.07, F.S.; providing for the recommencement of
19	construction following the termination of certain
20	contracts; amending s. 713.08, F.S.; requiring that
21	certain claims of lien be prepared and sworn to or
22	affirmed by the lienor or various agents of the lienor;
23	revising and conforming certain exceptions to a time
24	limitation on recording of a claim of lien; amending s.
25	713.13, F.S.; revising the form for notices of
26	commencement to include an additional warning and
27	notarized statements and signatures; providing that the
28	failure of a person to make a specified statement under
29	oath deprives the person of a lien; requiring that notices
30	of commencement include the tax folio number; providing
31	for the recording of amended notices of commencement;
32	amending s. 713.135, F.S.; requiring that building permits
33	contain certain written statements; amending s. 713.16,
34	F.S.; requiring a statement of account be under oath;
35	revising provisions relating to a lienor's right to demand
36	a statement of account; requiring that the claim of lien
37	be recorded; deleting provisions relating to the failure
38	to furnish the statement; amending s. 713.18, F.S.;
39	providing procedures for service of notices and other
40	instruments upon a limited liability company; amending s.
41	713.22, F.S.; extending the duration of certain liens for
42	which amended claims of lien are filed; amending s.
43	713.31, F.S.; providing for the award of attorney's fees
44	and costs to prevailing parties in certain actions
45	relating to fraudulent liens; repealing s. 713.36, F.S.,
46	relating to an effective date, to delete an obsolete
47	provision; providing an effective date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Paragraph (a) of subsection (1) and paragraph
52	(a) of subsection (2) of section 255.05, Florida Statutes, are
53	amended to read:
54	255.05  Bond of contractor constructing public buildings;
55	form; action by materialmen.--
56	(1)(a)  Any person entering into a formal contract with the
57	state or any county, city, or political subdivision thereof, or
58	other public authority or private entity, for the construction
59	of a public building, for the prosecution and completion of a
60	public work, or for repairs upon a public building or public
61	work shall be required, before commencing the work or before
62	recommencing the work after a default or abandonment, to
63	execute, deliver to the public owner, and record in the public
64	records of the county where the improvement is located, a
65	payment and performance bond with a surety insurer authorized to
66	do business in this state as surety. A public entity may not
67	require a contractor to secure a surety bond under this section
68	from a specific agent or bonding company. The bond must state on
69	its front page: the name, principal business address, and phone
70	number of the contractor, the surety, the owner of the property
71	being improved, and, if different from the owner, the
72	contracting public entity; the contract number assigned by the
73	contracting public entity; and a description of the project
74	sufficient to identify it, such as a legal description or the
75	street address of the property being improved, and a general
76	description of the improvement. Such bond shall be conditioned
77	upon the contractor's performance of the construction work in
78	the time and manner prescribed in the contract and promptly
79	making payments to all persons defined in s. 713.01 who furnish
80	labor, services, or materials for the prosecution of the work
81	provided for in the contract. Any claimant may apply to the
82	governmental entity having charge of the work for copies of the
83	contract and bond and shall thereupon be furnished with a
84	certified copy of the contract and bond. The claimant shall have
85	a right of action against the contractor and surety for the
86	amount due him or her, including unpaid finance charges due
87	under the claimant's contract. Such action shall not involve the
88	public authority in any expense. When such work is done for the
89	state and the contract is for $100,000 or less, no payment and
90	performance bond shall be required. At the discretion of the
91	official or board awarding such contract when such work is done
92	for any county, city, political subdivision, or public
93	authority, any person entering into such a contract which is for
94	$200,000 or less may be exempted from executing the payment and
95	performance bond. When such work is done for the state, the
96	Secretary of the Department of Management Services may delegate
97	to state agencies the authority to exempt any person entering
98	into such a contract amounting to more than $100,000 but less
99	than $200,000 from executing the payment and performance bond.
100	In the event such exemption is granted, the officer or officials
101	shall not be personally liable to persons suffering loss because
102	of granting such exemption. The Department of Management
103	Services shall maintain information on the number of requests by
104	state agencies for delegation of authority to waive the bond
105	requirements by agency and project number and whether any
106	request for delegation was denied and the justification for the
107	denial. Any provision in a payment bond furnished for public
108	work contracts as provided by this subsection which restricts
109	the classes of persons as defined in s. 713.01 protected by the
110	bond or the venue of any proceeding relating to such bond is
111	unenforceable.
112	(2)(a)1.  If a claimant is no longer furnishing labor,
113	services, or materials on a project, a contractor or the
114	contractor's agent or attorney may elect to shorten the
115	prescribed time in this paragraph within which an action to
116	enforce any claim against a payment bond provided pursuant to
117	this section may be commenced by recording in the clerk's office
118	a notice in substantially the following form:
119
120	NOTICE OF CONTEST OF CLAIM
121	AGAINST PAYMENT BOND
122
123	To:   (Name and address of claimant)
124
125	You are notified that the undersigned contests your notice
126	of nonpayment, dated _______________, __________, and served on
127	the undersigned on _______________, __________, and that the
128	time within which you may file suit to enforce your claim is
129	limited to 60 days after the date of service of this notice.
130
131	DATED on _______________, __________.
132
133	Signed:  (Contractor or Attorney)
134
135	The claim of any claimant upon whom such notice is served and
136	who fails to institute a suit to enforce his or her claim
137	against the payment bond within 60 days after service of such
138	notice shall be extinguished automatically. The clerk shall mail
139	a copy of the notice of contest to the claimant at the address
140	shown in the notice of nonpayment or most recent amendment
141	thereto and shall certify to such service on the face of such
142	notice and record the notice. Service is complete upon mailing.
143	2.  A claimant, except a laborer, who is not in privity
144	with the contractor shall, before commencing or not later than
145	45 days after commencing to furnish labor, services, or
146	materials, or supplies for the prosecution of the work, furnish
147	the contractor with a written notice that he or she intends to
148	look to the bond for protection. A claimant who is not in
149	privity with the contractor and who has not received payment for
150	his or her labor, services, or materials, or supplies shall
151	deliver to the contractor and to the surety written notice of
152	the performance of the labor or delivery of the materials or
153	supplies and of the nonpayment. The notice of nonpayment may be
154	served at any time during the progress of the work or thereafter
155	but not before 45 days after the first furnishing of labor,
156	services, or materials, and not later than 90 days after the
157	final furnishing of the labor, services, or materials by the
158	claimant or, with respect to rental equipment, not later than 90
159	days after the date that the rental equipment was last on the
160	job site available for use. Any notice of nonpayment served by a
161	claimant who is not in privity with the contractor which
162	includes sums for retainage must specify the portion of the
163	amount claimed for retainage. No action for the labor,
164	materials, or supplies may be instituted against the contractor
165	or the surety unless both notices have been given. Notices
166	required or permitted under this section may be served in
167	accordance with s. 713.18. A claimant may not waive in advance
168	his or her right to bring an action under the bond against the
169	surety. In any action brought to enforce a claim against a
170	payment bond under this section, the prevailing party is
171	entitled to recover a reasonable fee for the services of his or
172	her attorney for trial and appeal or for arbitration, in an
173	amount to be determined by the court, which fee must be taxed as
174	part of the prevailing party's costs, as allowed in equitable
175	actions. The time periods for service of a notice of nonpayment
176	or for bringing an action against a contractor or a surety shall
177	be measured from the last day of furnishing labor, services, or
178	materials by the claimant and shall not be measured by other
179	standards, such as the issuance of a certificate of occupancy or
180	the issuance of a certificate of substantial completion.
181	Section 2.  Subsections (12) through (28) of section
182	713.01, Florida Statutes, are renumbered as subsections (13)
183	through (29), respectively, present subsection (12) is amended,
184	and a new subsection (12) is added to that section, to read:
185	713.01  Definitions.--As used in this part, the term:
186	(12)  "Final furnishing" means the last date that the
187	lienor furnishes labor, services, or materials. Such date may
188	not be measured by other standards, such as the issuance of a
189	certificate of occupancy or the issuance of a certificate of
190	final completion, and does not include correction of
191	deficiencies in the lienor's previously performed work or
192	materials supplied. With respect to rental equipment, the term
193	means the date that the rental equipment was last on the job
194	site and available for use.
195	(13)(12)  "Furnish materials" means supply materials which
196	are incorporated in the improvement including normal wastage in
197	construction operations; or specially fabricated materials for
198	incorporation in the improvement, not including any design work,
199	submittals, or the like preliminary to actual fabrication of the
200	materials; or supply materials used for the construction and not
201	remaining in the improvement, subject to diminution by the
202	salvage value of such materials; and includes supplying rental
203	equipment tools, appliances, or machinery used on the particular
204	improvement to the extent of the reasonable rental value for the
205	period of actual use (not determinable by the contract for
206	rental unless the owner is a party thereto), but does not
207	include supplying handtools. The delivery of materials to the
208	site of the improvement is prima facie evidence of incorporation
209	of such materials in the improvement. The delivery of rental
210	equipment to the site of the improvement is prima facie evidence
211	of the period of the actual use of the rental equipment from the
212	delivery through the time the equipment is last available for
213	use at the site, or 2 business days after the lessor of the
214	rental equipment receives a written notice from the owner or the
215	lessee of the rental equipment to pick up the equipment,
216	whichever occurs first.
217	Section 3.  Section 713.012, Florida Statutes, is created
218	to read:
219	713.012  Written notices, demands, or requests.--Notices,
220	demands, or requests permitted or required under this part,
221	except any required by s. 713.14, must be in writing.
222	Section 4.  Section 713.015, Florida Statutes, is amended
223	to read:
224	713.015  Mandatory provisions for direct contracts.--
225	(1)  Any direct contract greater than $2,500 between an
226	owner and a contractor, related to improvements to real property
227	consisting of single or multiple family dwellings up to and
228	including four units, must contain the following notice
229	provision printed in no less than 12-point 14-point,
230	capitalized, boldfaced type on the front page of the contract or
231	on a separate page, signed by the owner and dated:
232
233	ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-
234	713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR
235	PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
236	RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.
237	THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR
238	OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-
239	SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE THE PEOPLE WHO ARE
240	OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU
241	HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY
242	YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
243	PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE
244	SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
245	SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED
246	TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS
247	CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
248	REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY
249	PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER."
250	FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
251	RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
252	(2)(a)  If the contract is written, the notice must be in
253	the contract document. If the contract is oral or implied, the
254	notice must be provided in a document referencing the contract.
255	(b)  The failure to provide such written notice does not
256	bar the enforcement of a lien against a person who has not been
257	adversely affected.
258	(c)  Nothing in This section may not shall be construed to
259	adversely affect the lien and bond rights of lienors who are not
260	in privity with the owner. This section does not apply when the
261	owner is a contractor licensed under chapter 489 or is a person
262	who created parcels or offers parcels for sale or lease in the
263	ordinary course of business.
264	Section 5.  Subsection (6) of section 713.02, Florida
265	Statutes, is amended to read:
266	713.02  Types of lienors and exemptions.--
267	(6)  In any direct contract The owner and contractor may
268	agree that require the contractor shall to furnish a payment
269	bond as provided in s. 713.23, and upon receipt of the bond the
270	owner is shall be exempt from the other provisions of this part
271	as to that direct contract, but this does not exempt the owner
272	from the lien of the contractor who furnishes the bond. If the
273	bond is provided, it shall secure all liens subsequently
274	accruing under this part as provided in s. 713.23.
275	Section 6.  Subsection (4) of section 713.07, Florida
276	Statutes, is amended to read:
277	713.07  Priority of liens.--
278	(4)  If construction ceases or the direct contract is
279	terminated before completion and the owner desires to recommence
280	construction, he or she may pay all lienors in full or pro rata
281	in accordance with s. 713.06(4) prior to recommencement in which
282	event all liens for the recommenced construction shall take
283	priority from such recommencement; or the owner may record an
284	affidavit in the clerk's office stating his or her intention to
285	recommence construction and that all lienors giving notice have
286	been paid in full except those listed therein as not having been
287	so paid in which event 30 days after such recording, the rights
288	of any person acquiring any interest, lien, or encumbrance on
289	said property or of any lienor on the recommenced construction
290	shall be paramount to any lien on the prior construction unless
291	such prior lienor records a claim of lien within said 30-day
292	period. A copy of said affidavit shall be served on each lienor
293	named therein. Before recommencing, the owner shall record and
294	post a notice of commencement for the recommenced construction,
295	as provided in s. 713.13.
296	Section 7.  Subsections (2) and (5) of section 713.08,
297	Florida Statutes, are amended to read:
298	713.08  Claim of lien.--
299	(2)  The claim of lien may be prepared by the lienor or the
300	lienor's employee or attorney and shall be signed and sworn to
301	or affirmed verified by the lienor or the lienor's her or his
302	agent acquainted with the facts stated therein.
303	(5)  The claim of lien may be recorded at any time during
304	the progress of the work or thereafter but not later than 90
305	days after the final furnishing of the labor or services or
306	materials by the lienor. However,; or, with respect to rental
307	equipment, within 90 days after the date that the rental
308	equipment was last on the job site available for use; provided
309	if the original contractor defaults or the contract is
310	terminated under s. 713.07(4), a no claim for a lien attaching
311	prior to such termination may not default shall be recorded
312	after 90 days following from the date of such termination
313	default or 90 days after the final performance of labor or
314	services or furnishing of materials, whichever occurs first. The
315	time period for recording a claim of lien shall be measured from
316	the last day of furnishing of labor, services, or materials by
317	the lienor, whichever occurs first and shall not be measured by
318	other standards, such as the issuance of a certificate of
319	occupancy or the issuance of a certificate of substantial
320	completion. The claim of lien shall be recorded in the clerk's
321	office. If such real property is situated in two or more
322	counties, the claim of lien shall be recorded in the clerk's
323	office in each of such counties. The recording of the claim of
324	lien shall be constructive notice to all persons of the contents
325	and effect of such claim. The validity of the lien and the right
326	to record a claim therefor shall not be affected by the
327	insolvency, bankruptcy, or death of the owner before the claim
328	of lien is recorded.
329	Section 8.  Paragraphs (a) and (d) of subsection (1) of
330	section 713.13, Florida Statutes, are amended, subsections (5)
331	and (6) of that section are renumbered as subsections (6) and
332	(7), respectively, and a new subsection (5) is added to that
333	section, to read:
334	713.13  Notice of commencement.--
335	(1)(a)  Except for an improvement that is exempt pursuant
336	to s. 713.02(5), an owner or the owner's authorized agent before
337	actually commencing to improve any real property, or
338	recommencing completion of any improvement after default or
339	abandonment, whether or not a project has a payment bond
340	complying with s. 713.23, shall record a notice of commencement
341	in the clerk's office and forthwith post either a certified copy
342	thereof or a notarized statement that the notice of commencement
343	has been filed for recording along with a copy thereof. The
344	notice of commencement shall contain the following information:
345	1.  A description sufficient for identification of the real
346	property to be improved. The description should include the
347	legal description of the property and also should include the
348	street address and tax folio number of the property if available
349	or, if there is no street address available, such additional
350	information as will describe the physical location of the real
351	property to be improved.
352	2.  A general description of the improvement.
353	3.  The name and address of the owner, the owner's interest
354	in the site of the improvement, and the name and address of the
355	fee simple titleholder, if other than such owner.
356	4.  The name and address of the contractor.
357	5.  The name and address of the surety on the payment bond
358	under s. 713.23, if any, and the amount of such bond.
359	6.  The name and address of any person making a loan for
360	the construction of the improvements.
361	7.  The name and address within the state of a person other
362	than himself or herself who may be designated by the owner as
363	the person upon whom notices or other documents may be served
364	under this part; and service upon the person so designated
365	constitutes service upon the owner.
366	(d)  A notice of commencement must be in substantially the
367	following form:
368
369	Permit No._____Tax Folio No._____
370	NOTICE OF COMMENCEMENT
371	State of_____
372	County of_____
373
374	The undersigned hereby gives notice that improvement will be
375	made to certain real property, and in accordance with Chapter
376	713, Florida Statutes, the following information is provided in
377	this Notice of Commencement.
378	1.  Description of property:   (legal description of the
379	property, and street address if available)  .
380	2.  General description of improvement:_____.
381	3.  Owner information:_____.
382	a.  Name and address:_____.
383	b.  Interest in property:_____.
384	c.  Name and address of fee simple titleholder (if other
385	than Owner):_____.
386	4.a.  Contractor:   (name and address)  .
387	b.  Contractor's phone number:_____.
388	5.  Surety
389	a.  Name and address:_____.
390	b.  Phone number:_____.
391	c.  Amount of bond: $_____.
392	6.a.  Lender:   (name and address)  .
393	b.  Lender's phone number:_____.
394	7.a.  Persons within the State of Florida designated by
395	Owner upon whom notices or other documents may be served as
396	provided by Section 713.13(1)(a)7., Florida Statutes:   (name
397	and address)  .
398	b.  Phone numbers of designated persons:_____.
399	8.a.  In addition to himself or herself, Owner designates
400	_______________ of _______________ to receive a copy of the
401	Lienor's Notice as provided in Section 713.13(1)(b), Florida
402	Statutes.
403	b.  Phone number of person or entity designated by
404	owner:_____.
405	9.  Expiration date of notice of commencement (the
406	expiration date is 1 year from the date of recording unless a
407	different date is specified)_____.
408
409	WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
410	EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
411	PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
412	STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
413	TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
414	POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
415	INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
416	ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
417	COMMENCEMENT.
418
419	(Signature of Owner or Owner's Authorized
420	Officer/Director/Partner/Manager)
421
422	(Signatory's Title/Office)
423
424	The foregoing instrument was acknowledged before me this _____
425	day of __________,  (year) , by  (name of person)  as  (type of
426	authority, . . . e.g. officer, trustee, attorney in fact) for
427	(name of party on behalf of whom instrument was executed).
428
429	Sworn to (or affirmed) and subscribed before me this _____
430	day of _____,   (year)  , by   (name of person making statement)
431	.
432
433	(Signature of Notary Public - State of Florida)
434	(Print, Type, or Stamp Commissioned Name of Notary Public)
435
436	Personally Known _____ OR Produced Identification _____
437
438	Type of Identification Produced_______________
439
440	Verification pursuant to Section 92.525, Florida Statutes.
441
442	Under penalties of perjury, I declare that I have read the
443	foregoing and that the facts stated in it are true to the best
444	of my knowledge and belief.
445
446	(Signature of Natural Person Signing Above)
447
448	(5)(a)  A notice of commencement that is recorded within
449	the effective period may be amended to extend the effective
450	period, change erroneous information in the original notice, or
451	add information that was omitted from the original notice.
452	However, in order to change contractors, a new notice of
453	commencement or notice of recommencement must be executed and
454	recorded.
455	(b)  The amended notice must identify the official records
456	book and page where the original notice of commencement is
457	recorded, and a copy of the amended notice must be served by the
458	owner upon the contractor and each lienor who serves notice
459	before or within 30 days after the date the amended notice is
460	recorded.
461	Section 9.  Paragraph (a) of subsection (1) and paragraph
462	(a) of subsection (6) of section 713.135, Florida Statutes, are
463	amended to read:
464	713.135  Notice of commencement and applicability of
465	lien.--
466	(1)  When any person applies for a building permit, the
467	authority issuing such permit shall:
468	(a)  Print on the face of each permit card in no less than
469	14-point 18-point, capitalized, boldfaced type: "WARNING TO
470	OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY
471	RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A
472	NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB
473	SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN
474	FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
475	RECORDING YOUR NOTICE OF COMMENCEMENT."
476	(6)(a)  In addition to any other information required by
477	the authority issuing the permit, the building permit
478	application must be in substantially the following form:
479
480	Tax Folio No.__________
481	BUILDING PERMIT APPLICATION
482
483	Owner's Name
484	Owner's Address
485	Fee Simple Titleholder's Name (If other than owner)
486	Fee Simple Titleholder's Address (If other than owner)
487	City
488	State_______________ Zip_______________
489	Contractor's Name
490	Contractor's Address
491	City
492	State_______________ Zip_______________
493	Job Name
494	Job Address
495	City____________________County_______________
496	Legal Description
497	Bonding Company
498	Bonding Company Address
499	City____________________ State_______________
500	Architect/Engineer's Name
501	Architect/Engineer's Address
502	Mortgage Lender's Name
503	Mortgage Lender's Address
504
505	Application is hereby made to obtain a permit to do the
506	work and installations as indicated. I certify that no work or
507	installation has commenced prior to the issuance of a permit and
508	that all work will be performed to meet the standards of all
509	laws regulating construction in this jurisdiction. I understand
510	that a separate permit must be secured for ELECTRICAL WORK,
511	PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
512	TANKS, and AIR CONDITIONERS, etc.
513
514	OWNER'S AFFIDAVIT: I certify that all the foregoing information
515	is accurate and that all work will be done in compliance with
516	all applicable laws regulating construction and zoning.
517
518
519	WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
520	COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
521	YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
522	POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.
523
524
525	IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR
526	AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
527	COMMENCEMENT.
528
529	(Signature of Owner or Agent)
530
531	(including contractor)
532	STATE OF FLORIDA
533	COUNTY OF _____
534
535
536	Sworn to (or affirmed) and subscribed before me this _____
537	day of _____,   (year)  , by   (name of person making statement)
538	.
539
540	(Signature of Notary Public - State of Florida)
541	(Print, Type, or Stamp Commissioned Name of Notary Public)
542
543	Personally Known _____ OR Produced Identification _____
544
545	Type of Identification Produced_______________
546	(Signature of Contractor)
547
548
549	STATE OF FLORIDA
550	COUNTY OF _____
551
552
553	Sworn to (or affirmed) and subscribed before me this _____
554	day of _____,   (year)  , by   (name of person making statement)
555	.
556	(Signature of Notary Public - State of Florida)
557	(Print, Type, or Stamp Commissioned Name of Notary Public)
558
559	Personally Known _____ OR Produced Identification _____
560
561	Type of Identification Produced_______________
562
563	(Certificate of Competency Holder)
564
565	Contractor's State Certification or Registration No._____
566
567	Contractor's Certificate of Competency No.__________
568
569	APPLICATION APPROVED BY
570	____________________Permit Officer
571	Section 10.  Subsections (2), (5), and (6) of section
572	713.16, Florida Statutes, are amended to read:
573	713.16  Demand for copy of contract and statements of
574	account; form.--
575	(2)  The owner may serve in writing a demand of any lienor
576	for a written statement under oath of his or her account showing
577	the nature of the labor or services performed and to be
578	performed, if any, the materials furnished, the materials to be
579	furnished, if known, the amount paid on account to date, the
580	amount due, and the amount to become due, if known, as of the
581	date of the statement by the lienor. Any such demand to a lienor
582	must be served on the lienor at the address and to the attention
583	of any person who is designated to receive the demand in the
584	notice to owner served by such lienor. The failure or refusal to
585	furnish the statement does not deprive the lienor of his or her
586	lien if the demand is not served at the address of the lienor or
587	directed to the attention of the person designated to receive
588	the demand in the notice to owner. The failure or refusal to
589	furnish the statement under oath within 30 days after the
590	demand, or the furnishing of a false or fraudulent statement,
591	deprives the person so failing or refusing to furnish such
592	statement of his or her lien. If the owner serves more than one
593	demand for statement of account on a lienor and none of the
594	information regarding the account has changed since the lienor's
595	last response to a demand, the failure or refusal to furnish
596	such statement does not deprive the lienor of his or her lien.
597	The negligent inclusion or omission of any information deprives
598	the person of his or her lien to the extent the owner can
599	demonstrate prejudice from such act or omission by the lienor.
600	The failure to furnish a response to a demand for statement of
601	account does not affect the validity of any claim of lien being
602	enforced through a foreclosure case filed prior to the date the
603	demand for statement is received by the lienor.
604	(5)(a)  Any lienor who has recorded filed a claim of lien
605	may make written demand on the owner for a written statement
606	under oath showing:
607	1.  The amount of the all direct contract under which the
608	lien was recorded contracts; the amount paid by or on behalf of
609	the owner for all labor, services, and materials furnished
610	pursuant to the direct contracts;
611	2.  The dates and amounts paid or to be paid by or on
612	behalf of the owner for all improvements described in the any
613	direct contract contracts; and
614	3.  The reasonable estimated costs of completing the,
615	according to the terms and specifications of same, any direct
616	contract under which the lien was claimed pursuant to the scope
617	of the direct contract; and construction has ceased.
618	4.  If known, the actual cost of completion must be
619	provided.
620	(b)  Any owner who does not provide the statement within 30
621	days after demand, or who provides a false or fraudulent
622	statement, is not a prevailing party for purposes of an award of
623	attorney's fees under s. 713.29. The written demand must include
624	the following warning in conspicuous type in substantially the
625	following form:
626	WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT
627	WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL
628	RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY
629	ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING
630	THIS STATEMENT.
631	(6)  For purposes of this section, the term "information"
632	means the nature and quantity of the labor, services, and
633	materials furnished or to be furnished by a lienor and the
634	amount paid, the amount due, and the amount to become due on the
635	lienor's account. The failure to furnish the statement under
636	oath does not constitute an omission of information and shall
637	deprive the lienor of his or her lien.
638	Section 11.  Section 713.18, Florida Statutes, is amended
639	to read:
640	713.18  Manner of serving notices and other instruments.--
641	(1)  Service of notices, claims of lien, affidavits,
642	assignments, and other instruments permitted or required under
643	this part, or copies thereof when so permitted or required,
644	unless otherwise specifically provided in this part, must be
645	made by one of the following methods:
646	(a)  By actual delivery to the person to be served; or, if
647	a partnership, to one of the partners; or, if a corporation, to
648	an officer, director, managing agent, or business agent; or, if
649	a limited liability company, to a member or manager thereof.
650	(b)  By sending the same by registered or certified mail,
651	with postage prepaid, or by overnight or second-day delivery
652	with evidence of delivery, which may be in an electronic format.
653	(c)  If the method specified in paragraph (a) or paragraph
654	(b) cannot be accomplished, by posting on the premises.
655	(2)1.  Notwithstanding subsection (1), if a notice to
656	owner, a notice to contractor under s. 713.23, or a preliminary
657	notice under s. 255.05 is mailed by registered or certified mail
658	with postage prepaid to the person to be served at any of the
659	addresses set forth in subsection (3) subparagraph 2. within 40
660	days after the date the lienor first furnishes labor, services,
661	or materials, service of that notice is effective as of the date
662	of mailing if the person who served the notice maintains a
663	registered or certified mail log that shows the registered or
664	certified mail number issued by the United States Postal
665	Service, the name and address of the person served, and the date
666	stamp of the United States Postal Service confirming the date of
667	mailing or if the person who served the notice maintains
668	electronic tracking records generated through use of the United
669	States Postal Service Confirm service or a similar service
670	containing the postal tracking number, the name and address of
671	the person served, and verification of the date of receipt by
672	the United States Postal Service.
673	(3)2.  If an instrument served pursuant to this section to
674	the last address shown in the notice of commencement or any
675	amendment thereto or, in the absence of a notice of
676	commencement, to the last address shown in the building permit
677	application, or to the last known address of the person to be
678	served, is not received, but is returned as being "refused,"
679	"moved, not forwardable," or "unclaimed," or is otherwise not
680	delivered or deliverable through no fault of the person serving
681	the item, then service is effective on the date the instrument
682	notice was sent.
683	(c)  If none of the foregoing methods can be accomplished,
684	by posting on the premises.
685	(4)(2)  If the real property is owned by more than one
686	person or a partnership, a lienor may serve any notices or other
687	papers under this part on any one of such owners or partners,
688	and such notice is deemed notice to all owners and partners.
689	Section 12.  Subsection (1) of section 713.22, Florida
690	Statutes, is amended to read:
691	713.22  Duration of lien.--
692	(1)  No lien provided by this part shall continue for a
693	longer period than 1 year after the claim of lien has been
694	recorded or 1 year after the recording of an amended claim of
695	lien that shows a later date of final furnishing of labor,
696	services, or materials, unless within that time an action to
697	enforce the lien is commenced in a court of competent
698	jurisdiction. The continuation of the lien effected by the
699	commencement of the action shall not be good against creditors
700	or subsequent purchasers for a valuable consideration and
701	without notice, unless a notice of lis pendens is recorded.
702	Section 13.  Paragraph (c) of subsection (2) of section
703	713.31, is amended to read:
704	713.31  Remedies in case of fraud or collusion.--
705	(2)
706	(c)  An owner against whose interest in real property a
707	fraudulent lien is filed, or any contractor, subcontractor, or
708	sub-subcontractor who suffers damages as a result of the filing
709	of the fraudulent lien, shall have a right of action for damages
710	occasioned thereby. The action may be instituted independently
711	of any other action, or in connection with a summons to show
712	cause under s. 713.21, or as a counterclaim or cross-claim to
713	any action to enforce or to determine the validity of the lien.
714	The prevailing party in an action under this paragraph may
715	recover reasonable attorney's fees and costs. If the lienor who
716	files a fraudulent lien is not the prevailing party, the lienor
717	shall be liable to the owner or the defrauded party who prevails
718	in an action under this subsection in damages, which shall
719	include court costs, clerk's fees, a reasonable attorney's fee
720	and costs for services in securing the discharge of the lien,
721	the amount of any premium for a bond given to obtain the
722	discharge of the lien, interest on any money deposited for the
723	purpose of discharging the lien, and punitive damages in an
724	amount not exceeding the difference between the amount claimed
725	by the lienor to be due or to become due and the amount actually
726	due or to become due.
727	Section 14.  Section 713.36, Florida Statutes, is repealed.
728	Section 15.  This act shall take effect July 1, 2007.

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