Senate Bill sb2768

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    Florida Senate - 2007                                  SB 2768

    By Senator Aronberg





    27-314B-07

  1                      A bill to be entitled

  2         An act relating to construction liens; amending

  3         s. 255.05, F.S.; requiring a performance bond

  4         for certain contracts with private entities for

  5         specified public works projects; requiring that

  6         certain notices by claimants be in writing;

  7         amending s. 713.01, F.S.; defining the term

  8         "final furnishing"; creating s. 713.012, F.S.;

  9         requiring that certain notices, demands, or

10         requests be in writing; amending s. 713.015,

11         F.S.; requiring that certain notices pertaining

12         to direct contracts for improvements to certain

13         property be in writing; amending s. 713.02,

14         F.S.; providing for an owner and contractor to

15         agree to the furnishing of a payment bond;

16         exempting an owner who agrees from certain

17         statutory provisions; amending s. 713.07, F.S.;

18         providing for the recommencement of

19         construction following the termination of

20         certain contracts; amending s. 713.08, F.S.;

21         requiring that certain claims of lien be sworn

22         to or affirmed; revising and conforming certain

23         exceptions to a time limitation on recording of

24         a claim of lien; amending s. 713.13, F.S.;

25         requiring that notices of commencement include

26         the tax folio number; providing for the

27         recording of amended notices of commencement;

28         amending s. 713.16, F.S.; revising provisions

29         relating to a lienor's right to demand a

30         statement of account; requiring that the claim

31         of lien be recorded; deleting provisions

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 1         relating to the failure to furnish the

 2         statement; amending s. 713.18, F.S.; providing

 3         procedures for service of notices and other

 4         instruments upon a limited liability company;

 5         amending s. 713.22, F.S.; extending the

 6         duration of certain liens for which amended

 7         claims of lien are filed; amending s. 713.31,

 8         F.S.; providing for the award of attorney's

 9         fees and costs to prevailing parties in certain

10         actions relating to fraudulent liens; amending

11         s. 713.36, F.S.; deleting certain obsolete

12         provisions; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Paragraph (a) of subsection (1) and

17  paragraph (a) of subsection (2) of section 255.05, Florida

18  Statutes, are amended to read:

19         255.05  Bond of contractor constructing public

20  buildings; form; action by materialmen.--

21         (1)(a)  Any person entering into a formal contract with

22  the state or any county, city, or political subdivision

23  thereof, or other public authority or private entity, for the

24  construction of a public building, for the prosecution and

25  completion of a public work, or for repairs upon a public

26  building or public work shall be required, before commencing

27  the work or before recommencing the work after a default or

28  abandonment, to execute, deliver to the public owner, and

29  record in the public records of the county where the

30  improvement is located, a payment and performance bond with a

31  surety insurer authorized to do business in this state as

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 1  surety. A public entity may not require a contractor to secure

 2  a surety bond under this section from a specific agent or

 3  bonding company. The bond must state on its front page: the

 4  name, principal business address, and phone number of the

 5  contractor, the surety, the owner of the property being

 6  improved, and, if different from the owner, the contracting

 7  public entity; the contract number assigned by the contracting

 8  public entity; and a description of the project sufficient to

 9  identify it, such as a legal description or the street address

10  of the property being improved, and a general description of

11  the improvement. Such bond shall be conditioned upon the

12  contractor's performance of the construction work in the time

13  and manner prescribed in the contract and promptly making

14  payments to all persons defined in s. 713.01 who furnish

15  labor, services, or materials for the prosecution of the work

16  provided for in the contract. Any claimant may apply to the

17  governmental entity having charge of the work for copies of

18  the contract and bond and shall thereupon be furnished with a

19  certified copy of the contract and bond. The claimant shall

20  have a right of action against the contractor and surety for

21  the amount due him or her, including unpaid finance charges

22  due under the claimant's contract. Such action shall not

23  involve the public authority in any expense. When such work is

24  done for the state and the contract is for $100,000 or less,

25  no payment and performance bond shall be required. At the

26  discretion of the official or board awarding such contract

27  when such work is done for any county, city, political

28  subdivision, or public authority, any person entering into

29  such a contract which is for $200,000 or less may be exempted

30  from executing the payment and performance bond. When such

31  work is done for the state, the Secretary of the Department of

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 1  Management Services may delegate to state agencies the

 2  authority to exempt any person entering into such a contract

 3  amounting to more than $100,000 but less than $200,000 from

 4  executing the payment and performance bond. In the event such

 5  exemption is granted, the officer or officials shall not be

 6  personally liable to persons suffering loss because of

 7  granting such exemption. The Department of Management Services

 8  shall maintain information on the number of requests by state

 9  agencies for delegation of authority to waive the bond

10  requirements by agency and project number and whether any

11  request for delegation was denied and the justification for

12  the denial. Any provision in a payment bond furnished for

13  public work contracts as provided by this subsection which

14  restricts the classes of persons as defined in s. 713.01

15  protected by the bond or the venue of any proceeding relating

16  to such bond is unenforceable.

17         (2)(a)1.  If a claimant is no longer furnishing labor,

18  services, or materials on a project, a contractor or the

19  contractor's agent or attorney may elect to shorten the

20  prescribed time in this paragraph within which an action to

21  enforce any claim against a payment bond provided pursuant to

22  this section may be commenced by recording in the clerk's

23  office a notice in substantially the following form:

24  

25                    NOTICE OF CONTEST OF CLAIM

26                       AGAINST PAYMENT BOND

27  

28  To: ...(Name and address of claimant)...

29  

30         You are notified that the undersigned contests your

31  notice of nonpayment, dated ............, ........, and served

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 1  on the undersigned on ............, ........, and that the

 2  time within which you may file suit to enforce your claim is

 3  limited to 60 days after the date of service of this notice.

 4  

 5         DATED on ............, .........

 6  

 7  Signed:...(Contractor or Attorney)...

 8  

 9  The claim of any claimant upon whom such notice is served and

10  who fails to institute a suit to enforce his or her claim

11  against the payment bond within 60 days after service of such

12  notice shall be extinguished automatically. The clerk shall

13  mail a copy of the notice of contest to the claimant at the

14  address shown in the notice of nonpayment or most recent

15  amendment thereto and shall certify to such service on the

16  face of such notice and record the notice. Service is complete

17  upon mailing.

18         2.  A claimant, except a laborer, who is not in privity

19  with the contractor shall, before commencing or not later than

20  45 days after commencing to furnish labor, materials, or

21  supplies for the prosecution of the work, furnish the

22  contractor with a written notice that he or she intends to

23  look to the bond for protection. A claimant who is not in

24  privity with the contractor and who has not received payment

25  for his or her labor, materials, or supplies shall deliver to

26  the contractor and to the surety written notice of the

27  performance of the labor or delivery of the materials or

28  supplies and of the nonpayment. The notice of nonpayment may

29  be served at any time during the progress of the work or

30  thereafter but not before 45 days after the first furnishing

31  of labor, services, or materials, and not later than 90 days

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 1  after the final furnishing of the labor, services, or

 2  materials by the claimant or, with respect to rental

 3  equipment, not later than 90 days after the date that the

 4  rental equipment was last on the job site available for use.

 5  Any notice of nonpayment served by a claimant who is not in

 6  privity with the contractor which includes sums for retainage

 7  must specify the portion of the amount claimed for retainage.

 8  No action for the labor, materials, or supplies may be

 9  instituted against the contractor or the surety unless both

10  notices have been given. Notices required or permitted under

11  this section may be served in accordance with s. 713.18. A

12  claimant may not waive in advance his or her right to bring an

13  action under the bond against the surety. In any action

14  brought to enforce a claim against a payment bond under this

15  section, the prevailing party is entitled to recover a

16  reasonable fee for the services of his or her attorney for

17  trial and appeal or for arbitration, in an amount to be

18  determined by the court, which fee must be taxed as part of

19  the prevailing party's costs, as allowed in equitable actions.

20  The time periods for service of a notice of nonpayment or for

21  bringing an action against a contractor or a surety shall be

22  measured from the last day of furnishing labor, services, or

23  materials by the claimant and shall not be measured by other

24  standards, such as the issuance of a certificate of occupancy

25  or the issuance of a certificate of substantial completion.

26         Section 2.  Present subsections (12)-(28) of section

27  713.01, Florida Statutes, are redesignated as subsections

28  (13)-(29), respectively, and a new subsection (12) is added to

29  that section, to read:

30         713.01  Definitions.--As used in this part, the term:

31  

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 1         (12)  "Final furnishing" means the last date that the

 2  lienor furnishes labor, services, or materials. Such date may

 3  not be measured by other standards, such as the issuance of a

 4  certificate of occupancy or the issuance of a certificate of

 5  final completion, and does not include correction of

 6  deficiencies in the lienor's previously performed work or

 7  materials supplied. With respect to rental equipment, the term

 8  means the date that the rental equipment was last on the job

 9  site and available for use.

10         Section 3.  Section 713.012, Florida Statutes, is

11  created to read:

12         713.012  Written notices, demands, or

13  requests.--Notices, demands, or requests permitted or required

14  under this part, except any required by s. 713.04, must be in

15  writing.

16         Section 4.  Section 713.015, Florida Statutes, is

17  amended to read:

18         713.015  Mandatory provisions for direct contracts.--

19         (1)  Any direct contract between an owner and a

20  contractor, related to improvements to real property

21  consisting of single or multiple family dwellings up to and

22  including four units, must contain the following notice

23  provision printed in no less than 14-point, capitalized,

24  boldfaced type on the front page of the contract:

25  

26  ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS

27  713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR

28  PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A

29  RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR

30  PROPERTY. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY

31  SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THE

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 1  PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR

 2  PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN

 3  FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY

 4  ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS

 5  FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR

 6  LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A

 7  SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU

 8  SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS

 9  MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A

10  WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS

11  PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION

12  LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN

13  ATTORNEY.

14         (2)(a)  If the contract is written, the notice must be

15  in the contract document. If the contract is oral or implied,

16  the notice must be provided in a document referencing the

17  contract.

18         (b)  The failure to provide such written notice does

19  not bar the enforcement of a lien against a person who has not

20  been adversely affected.

21         (c)  Nothing in This section may not shall be construed

22  to adversely affect the lien and bond rights of lienors who

23  are not in privity with the owner. This section does not apply

24  when the owner is a contractor licensed under chapter 489 or

25  is a person who created parcels or offers parcels for sale or

26  lease in the ordinary course of business.

27         Section 5.  Subsection (6) of section 713.02, Florida

28  Statutes, is amended to read:

29         713.02  Types of lienors and exemptions.--

30         (6)  In any direct contract The owner and contractor

31  may agree that require the contractor shall to furnish a

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 1  payment bond as provided in s. 713.23, and upon receipt of the

 2  bond the owner is shall be exempt from the other provisions of

 3  this part as to that direct contract, but this does not exempt

 4  the owner from the lien of the contractor who furnishes the

 5  bond.  If the bond is provided, it shall secure all liens

 6  subsequently accruing under this part as provided in s.

 7  713.23.

 8         Section 6.  Subsection (4) of section 713.07, Florida

 9  Statutes, is amended to read:

10         713.07  Priority of liens.--

11         (4)  If construction ceases or the direct contract is

12  terminated before completion and the owner desires to

13  recommence construction, he or she may pay all lienors in full

14  or pro rata in accordance with s. 713.06(4) prior to

15  recommencement in which event all liens for the recommenced

16  construction shall take priority from such recommencement; or

17  the owner may record an affidavit in the clerk's office

18  stating his or her intention to recommence construction and

19  that all lienors giving notice have been paid in full except

20  those listed therein as not having been so paid in which event

21  30 days after such recording, the rights of any person

22  acquiring any interest, lien, or encumbrance on said property

23  or of any lienor on the recommenced construction shall be

24  paramount to any lien on the prior construction unless such

25  prior lienor records a claim of lien within said 30-day

26  period.  A copy of said affidavit shall be served on each

27  lienor named therein. Before recommencing, the owner shall

28  record and post a notice of commencement for the recommenced

29  construction, as provided in s. 713.13.

30         Section 7.  Subsections (2) and (5) of section 713.08,

31  Florida Statutes, are amended to read:

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 1         713.08  Claim of lien.--

 2         (2)  The claim of lien shall be signed and sworn to or

 3  affirmed verified by the lienor or the lienor's her or his

 4  agent acquainted with the facts stated therein.

 5         (5)  The claim of lien may be recorded at any time

 6  during the progress of the work or thereafter but not later

 7  than 90 days after the final furnishing of the labor or

 8  services or materials by the lienor. However,; or, with

 9  respect to rental equipment, within 90 days after the date

10  that the rental equipment was last on the job site available

11  for use; provided if the original contractor defaults or the

12  contract is terminated under s. 713.07(4), a no claim for a

13  lien attaching prior to such termination may not default shall

14  be recorded after 90 days following from the date of such

15  termination default or 90 days after the final performance of

16  labor or services or furnishing of materials, whichever occurs

17  first. The time period for recording a claim of lien shall be

18  measured from the last day of furnishing of labor, services,

19  or materials by the lienor, whichever occurs first and shall

20  not be measured by other standards, such as the issuance of a

21  certificate of occupancy or the issuance of a certificate of

22  substantial completion. The claim of lien shall be recorded in

23  the clerk's office.  If such real property is situated in two

24  or more counties, the claim of lien shall be recorded in the

25  clerk's office in each of such counties.  The recording of the

26  claim of lien shall be constructive notice to all persons of

27  the contents and effect of such claim.  The validity of the

28  lien and the right to record a claim therefor shall not be

29  affected by the insolvency, bankruptcy, or death of the owner

30  before the claim of lien is recorded.

31  

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 1         Section 8.  Paragraph (a) of subsection (1) of section

 2  713.13, Florida Statutes, is amended, present subsections (5)

 3  and (6) of that section are redesignated as subsections (6)

 4  and (7), respectively, and a new subsection (5) is added to

 5  that section, to read:

 6         713.13  Notice of commencement.--

 7         (1)(a)  Except for an improvement that is exempt

 8  pursuant to s. 713.02(5), an owner or the owner's authorized

 9  agent before actually commencing to improve any real property,

10  or recommencing completion of any improvement after default or

11  abandonment, whether or not a project has a payment bond

12  complying with s. 713.23, shall record a notice of

13  commencement in the clerk's office and forthwith post either a

14  certified copy thereof or a notarized statement that the

15  notice of commencement has been filed for recording along with

16  a copy thereof.  The notice of commencement shall contain the

17  following information:

18         1.  A description sufficient for identification of the

19  real property to be improved.  The description should include

20  the legal description of the property and also should include

21  the street address and tax folio number of the property if

22  available or, if there is no street address available, such

23  additional information as will describe the physical location

24  of the real property to be improved.

25         2.  A general description of the improvement.

26         3.  The name and address of the owner, the owner's

27  interest in the site of the improvement, and the name and

28  address of the fee simple titleholder, if other than such

29  owner.

30         4.  The name and address of the contractor.

31  

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 1         5.  The name and address of the surety on the payment

 2  bond under s. 713.23, if any, and the amount of such bond.

 3         6.  The name and address of any person making a loan

 4  for the construction of the improvements.

 5         7.  The name and address within the state of a person

 6  other than himself or herself who may be designated by the

 7  owner as the person upon whom notices or other documents may

 8  be served under this part; and service upon the person so

 9  designated constitutes service upon the owner.

10         (5)(a)  A notice of commencement that is recorded

11  within the effective period may be amended to extend the

12  effective period, to change erroneous information in the

13  original notice, or to add information that was omitted from

14  the original notice. However, in order to change contractors,

15  a new notice of commencement or notice of recommencement must

16  be executed and recorded.

17         (b)  The amended notice must identify the official

18  records book and page where the original notice of

19  commencement is recorded, and a copy of the amended notice

20  must be served by the owner upon the contractor and each

21  lienor who serves notice before or within 30 days after the

22  date the amended notice is recorded.

23         Section 9.  Subsections (5) and (6) of section 713.16,

24  Florida Statutes, are amended to read:

25         713.16  Demand for copy of contract and statements of

26  account; form.--

27         (5)(a)  Any lienor who has recorded filed a claim of

28  lien may make written demand on the owner for a written

29  statement under oath showing:

30         1.  The amount of the all direct contract under which

31  the lien was recorded; contracts; the amount paid by or on

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 1  behalf of the owner for all labor, services, and materials

 2  furnished pursuant to the direct contracts;

 3         2.  The dates and amounts paid or to be paid by or on

 4  behalf of the owner for all improvements described in the any

 5  direct contract contracts; and

 6         3.  The reasonable estimated costs of completing the,

 7  according to the terms and specifications of same, any direct

 8  contract under which the lien was claimed pursuant to the

 9  scope of the direct contract; and construction has ceased.

10         4.  If known, the actual cost of completion must be

11  provided.

12         (b)  Any owner who does not provide the statement

13  within 30 days after demand, or who provides a false or

14  fraudulent statement, is not a prevailing party for purposes

15  of an award of attorney's fees under s. 713.29. The written

16  demand must include the following warning in conspicuous type

17  in substantially the following form:

18  

19         WARNING: YOUR FAILURE TO FURNISH THE REQUESTED

20  STATEMENT WITHIN 30 DAYS OR THE FURNISHING OF A FALSE

21  STATEMENT WILL RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER

22  ATTORNEY FEES IN ANY ACTION TO ENFORCE THE CLAIM OF LIEN OF

23  THE PERSON REQUESTING THIS STATEMENT.

24         (6)  For purposes of this section, the term

25  "information" means the nature and quantity of the labor,

26  services, and materials furnished or to be furnished by a

27  lienor and the amount paid, the amount due, and the amount to

28  become due on the lienor's account. The failure to furnish the

29  statement under oath does not constitute an omission of

30  information and shall deprive the lienor of his or her lien.

31  

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 1         Section 10.  Section 713.18, Florida Statutes, is

 2  amended to read:

 3         713.18  Manner of serving notices and other

 4  instruments.--

 5         (1)  Service of notices, claims of lien, affidavits,

 6  assignments, and other instruments permitted or required under

 7  this part, or copies thereof when so permitted or required,

 8  unless otherwise specifically provided in this part, must be

 9  made by one of the following methods:

10         (a)  By actual delivery to the person to be served; or,

11  if a partnership, to one of the partners; or, if a

12  corporation, to an officer, director, managing agent, or

13  business agent; or, if a limited liability company, to a

14  member or manager thereof.

15         (b)  By sending the same by registered or certified

16  mail, with postage prepaid, or by overnight or second-day

17  delivery with evidence of delivery, which may be in an

18  electronic format.

19         (c)  If neither method can be accomplished, by posting

20  on the premises.

21         (2)1.  Notwithstanding subsection (1), if a notice to

22  owner, a notice to contractor under s. 713.23, or a

23  preliminary notice under s. 255.05 is mailed by registered or

24  certified mail with postage prepaid to the person to be served

25  at any of the addresses set forth in subsection (3)

26  subparagraph 2. within 40 days after the date the lienor first

27  furnishes labor, services, or materials, service of that

28  notice is effective as of the date of mailing if the person

29  who served the notice maintains a registered or certified mail

30  log that shows the registered or certified mail number issued

31  by the United States Postal Service, the name and address of

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 1  the person served, and the date stamp of the United States

 2  Postal Service confirming the date of mailing or if the person

 3  who served the notice maintains electronic tracking records

 4  generated through use of the United States Postal Service

 5  Confirm service or a similar service containing the postal

 6  tracking number, the name and address of the person served,

 7  and verification of the date of receipt by the United States

 8  Postal Service.

 9         (3)2.  If an instrument served pursuant to this section

10  to the last address shown in the notice of commencement or any

11  amendment thereto or, in the absence of a notice of

12  commencement, to the last address shown in the building permit

13  application, or to the last known address of the person to be

14  served, is not received, but is returned as being "refused,"

15  "moved, not forwardable," or "unclaimed," or is otherwise not

16  delivered or deliverable through no fault of the person

17  serving the item, then service is effective on the date the

18  instrument notice was sent.

19         (c)  If none of the foregoing methods can be

20  accomplished, by posting on the premises.

21         (4)(2)  If the real property is owned by more than one

22  person or a partnership, a lienor may serve any notices or

23  other papers under this part on any one of such owners or

24  partners, and such notice is deemed notice to all owners and

25  partners.

26         Section 11.  Subsection (1) of section 713.22, Florida

27  Statutes, is amended to read:

28         713.22  Duration of lien.--

29         (1)  No lien provided by this part shall continue for a

30  longer period than 1 year after the claim of lien has been

31  recorded or 1 year after the recording of an amended claim of

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 1  lien that shows a later date of final furnishing of labor,

 2  services, or materials, unless within that time an action to

 3  enforce the lien is commenced in a court of competent

 4  jurisdiction.  The continuation of the lien effected by the

 5  commencement of the action shall not be good against creditors

 6  or subsequent purchasers for a valuable consideration and

 7  without notice, unless a notice of lis pendens is recorded.

 8         Section 12.  Paragraph (c) of subsection (2) of section

 9  713.31, is amended to read:

10         713.31  Remedies in case of fraud or collusion.--

11         (2)

12         (c)  An owner against whose interest in real property a

13  fraudulent lien is filed, or any contractor, subcontractor, or

14  sub-subcontractor who suffers damages as a result of the

15  filing of the fraudulent lien, shall have a right of action

16  for damages occasioned thereby.  The action may be instituted

17  independently of any other action, or in connection with a

18  summons to show cause under s. 713.21, or as a counterclaim or

19  cross-claim to any action to enforce or to determine the

20  validity of the lien. The prevailing party in an action under

21  this paragraph may recover reasonable attorney's fees and

22  costs. If the lienor who files a fraudulent lien is not the

23  prevailing party, the lienor shall be liable to the owner or

24  the defrauded party who prevails in an action under this

25  subsection in damages, which shall include court costs,

26  clerk's fees, a reasonable attorney's fee and costs for

27  services in securing the discharge of the lien, the amount of

28  any premium for a bond given to obtain the discharge of the

29  lien, interest on any money deposited for the purpose of

30  discharging the lien, and punitive damages in an amount not

31  exceeding the difference between the amount claimed by the

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






    Florida Senate - 2007                                  SB 2768
    27-314B-07




 1  lienor to be due or to become due and the amount actually due

 2  or to become due.

 3         Section 13.  Section 713.36, is amended to read:

 4         713.36  Effective date.--Chapter 63-135 shall take

 5  effect at 12:01 a.m., October 1, 1963.  The rights of all

 6  persons with respect to an improvement that has a time of

 7  visible commencement prior to October 1, 1963, shall be

 8  determined and enforced as provided in former ss. 84.01-84.35,

 9  as they existed prior to October 1, 1963.  As to all other

10  rights, former ss. 84.01-84.35 are repealed concurrently with

11  the effective time of this part.

12         Section 14.  This act shall take effect July 1, 2007.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Revises provision relating to the Construction Lien Law.
      Revises performance bond and notice requirements.
17    Establishes procedures related to the recommencement of
      construction. Provides bond requirements. Requires that
18    certain notices, requests, or demands be in writing.
      Requires that certain claims of lien be sworn to or
19    affirmed. Provides notice of commencement requirements.
      Provides requirements for recording amended notices of
20    commencement. Revises requirement for lienors to demand
      statements of account. Provides procedures for service on
21    a limited liability company. Extends the duration of
      certain liens. Provides for the award of attorney's fees
22    in certain actions. Deletes certain obsolete provisions.
      (See bill for details.)
23  

24  

25  

26  

27  

28  

29  

30  

31  

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