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The Committee on Regulated Industries (Aronberg and Jones)

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recommended the following amendment to amendment (138458):

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     Senate Amendment (with title amendment)

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     Between line(s) 1897 and 1898

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and insert:

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     Section 16.  Paragraphs (e), (f), and (g) of subsection (2)

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of section 489.141, Florida Statutes, are amended to read:

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     489.141  Conditions for recovery; eligibility.--

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     (2)  A claimant is not qualified to make a claim for

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recovery from the recovery fund, if:

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     (e)  The claimant was associated in a business relationship

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with the licensee other than the contract at issue; or

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     (f) The claimant has suffered damages as the result of

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making improper payments to a contractor as defined in part I of

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chapter 713; or

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     (f) (g) The claimant has contracted with a licensee to

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perform a scope of work described in s. 489.105(3)(d)-(q).

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     Section 17.  Paragraphs (c) and (d) of subsection (2) of

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section 713.06, Florida Statutes, are amended to read:

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     713.06  Liens of persons not in privity; proper payments.--

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     (2)

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     (c)  The notice may be in substantially the following form

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and must include the information and the warning contained in the

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following form:

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WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID

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CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS

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AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL.

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UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY

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RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.

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TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN

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RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR.

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NOTICE TO OWNER

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To   (Owner's name and address)  

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The undersigned hereby informs you that he or she has furnished

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or is furnishing services or materials as follows:

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  (General description of services or materials)   for the

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improvement of the real property identified as   (property

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description)   under an order given by_______________.

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Florida law prescribes the serving of this notice and restricts

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your right to make payments under your contract in accordance

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with Section 713.06, Florida Statutes.

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IMPORTANT INFORMATION FOR YOUR PROTECTION

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     Under Florida's laws, those who work on your property or

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provide materials and are not paid have a right to enforce their

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claim for payment against your property. This claim is known as a

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construction lien.

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     If your contractor fails to pay subcontractors or material

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suppliers or neglects to make other legally required payments,

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the people who are owed money may look to your property for

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payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.

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IN ORDER TO PROTECT YOURSELF:

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     --RECOGNIZE that this Notice to Owner may result in a lien

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against your property unless all those supplying a Notice to

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Owner have been paid.

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     --LEARN more about the Construction Lien Law, Chapter 713,

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Part I, Florida Statutes, and the meaning of this notice by

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contacting an attorney or the Florida Department of Business and

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Professional Regulation.

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-- REFER to an explanation of the law by the Florida Department

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of Business and Professional Regulation located at

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www.myflorida.com/dbpr/pro/cilb/documents/florida_lien_law.pdf

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and The Florida Bar information pamphlet at www.FloridaBar.org

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(click "Consumer Information" in the left column, and then select

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the pamphlet "Building a Home" as of April 15, 2008.

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  (Lienor's Signature)  

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  (Lienor's Name)  

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  (Lienor's Address)  

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Copies to:   (Those persons listed in Section 713.06(2)(a) and

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(b), Florida Statutes)  

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The form may be combined with a notice to contractor given under

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s. 255.05 or s. 713.23 and, if so, may be entitled "NOTICE TO

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OWNER/NOTICE TO CONTRACTOR."

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     (d)  A notice to an owner served on a lender must be in

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writing, must be served in accordance with s. 713.18, and shall

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be addressed to the persons designated, if any, and to the place

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and address designated in the notice of commencement. Any lender

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who, after receiving a notice provided under this subsection,

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pays a contractor on behalf of the owner for an improvement shall

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make proper payments as provided in paragraph (3)(c) as to each

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such notice received by the lender. The failure of a lender to

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comply with this paragraph renders the lender liable to the owner

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for all damages sustained by the owner as a result of that

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failure. This paragraph does not give any person other than an

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owner a claim or right of action against a lender for the failure

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of the lender to comply with this paragraph. Further, this

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paragraph does not prohibit a lender from disbursing construction

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funds at any time directly to the owner, in which event the

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lender has no obligation to make proper payments under this

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paragraph if all such disbursements are made in accordance with

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s. 713.3471.

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     Section 18.  Subsection (2) of section 713.07, Florida

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Statutes, is amended to read:

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     713.07  Priority of liens.--

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     (2)  Liens under ss. 713.05 and 713.06 shall attach and take

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priority as of the time of recordation of the notice of

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commencement, but if the lien is recorded within the effective

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period of the notice of commencement. In the event a notice of

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commencement is not filed, then such liens shall attach and take

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priority as of the time the claim of lien is recorded.

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     Section 19.  Paragraphs (c) and (d) of subsection (1) and

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subsection (2) of section 713.13, Florida Statutes, are amended,

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and present subsections (3), (4), (5), (6), and (7) are

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redesignated as (2), (3), (4), (5), and (6) respectively, to

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read:

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     713.13  Notice of commencement.--

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     (1)

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     (c)  If the contract between the owner and a contractor

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named in the notice of commencement expresses a period of time

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for completion for the construction of the improvement greater

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than 1 year, the notice of commencement must state that it is

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effective for a period of 1 year plus any additional period of

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time. Any No payments made by the owner after the expiration of

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the notice of commencement are shall be considered improper

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payments.

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     (d)  A notice of commencement must be in substantially the

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following form:

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Permit No._____Tax Folio No._____

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NOTICE OF COMMENCEMENT

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State of_____

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County of_____

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The undersigned hereby gives notice that improvement will be made

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to certain real property, and in accordance with Chapter 713,

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Florida Statutes, the following information is provided in this

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Notice of Commencement.

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     1.  Description of property:   (legal description of the

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property, and street address if available)  .

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     2.  General description of improvement:_____.

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     3.  Owner information:_____.

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     a.  Name and address:_____.

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     b.  Interest in property:_____.

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     c.  Name and address of fee simple titleholder (if other

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than Owner):_____.

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     4.a.  Contractor:   (name and address)  .

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     b.  Contractor's phone number:_____.

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     5.  Surety

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     a.  Name and address:_____.

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     b.  Phone number:_____.

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     c.  Amount of bond: $_____.

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     6.a.  Lender:   (name and address)  .

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     b.  Lender's phone number:_____.

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     7.a.  Persons within the State of Florida designated by

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Owner upon whom notices or other documents may be served as

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provided by Section 713.13(1)(a)7., Florida Statutes:   (name and

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address)  .

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     b.  Phone numbers of designated persons:_____.

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     8.a.  In addition to himself or herself, Owner designates

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_______________ of _______________ to receive a copy of the

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Lienor's Notice as provided in Section 713.13(1)(b), Florida

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Statutes.

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     b.  Phone number of person or entity designated by

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owner:_____.

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     9.  Expiration date of notice of commencement (the

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expiration date is 1 year from the date of recording unless a

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different date is specified)_____.

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WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE

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EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER

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PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA

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STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO

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YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND

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POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND

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TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY

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BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.

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(Signature of Owner or Owner's Authorized

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Officer/Director/Partner/Manager)

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(Signatory's Title/Office)

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The foregoing instrument was acknowledged before me this _____

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day of _____, (year) , by (name of person) as (type of

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authority, . . . e.g. officer, trustee, attorney in fact) for

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(name of party on behalf of whom instrument was executed) .

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(Signature of Notary Public - State of Florida)

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(Print, Type, or Stamp Commissioned Name of Notary Public)

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     Personally Known _____ OR Produced Identification _____

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     Type of Identification Produced_______________

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Verification pursuant to Section 92.525, Florida Statutes.

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Under penalties of perjury, I declare that I have read the

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foregoing and that the facts stated in it are true to the best of

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my knowledge and belief.

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(Signature of Natural Person Signing Above)

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Signature of Owner or Owner's Authorized

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Officer/Director/Partner/Manager

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     (2) If the improvement described in the notice of

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commencement is not actually commenced within 90 days after the

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recording thereof, such notice is void and of no further effect.

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     Section 20. Subsection (1) of section 713.132, Florida

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Statutes, is amended to read:

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     713.132  Notice of termination.--

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     (1)  An owner may terminate the period of effectiveness of a

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notice of commencement by executing, swearing to, and recording a

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notice of termination, based on the owner's best knowledge and

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belief, that contains:

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     (a)  The same information as the notice of commencement;

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     (b)  The recording office document book and page reference

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numbers and date of the notice of commencement;

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     (c)  A statement of the date as of which the notice of

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commencement is terminated, which date may not be earlier than 30

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days after the notice of termination is recorded;

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     (d)  A statement specifying that the notice applies to all

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the real property subject to the notice of commencement or

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specifying the portion of such real property to which it applies;

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     (e)  A statement that all lienors have been paid in full;

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and

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     (f)  A statement that the owner has, before recording the

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notice of termination, served a copy of the notice of termination

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on the contractor and on each lienor who has given notice. The

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owner is not required to serve a copy of the notice of

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termination on any lienor who has executed a waiver and release

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of lien upon final payment in accordance with s. 713.20.

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     Section 21.  Paragraph (b) of subsection (1) of section

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713.135, Florida Statutes, is amended to read:

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     713.135  Notice of commencement and applicability of lien.--

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     (1)  When any person applies for a building permit, the

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authority issuing such permit shall:

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     (b) Provide the applicant and Require the owner of the real

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property upon which improvements are to be constructed with to

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sign and file with the issuing authority a printed statement

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stating that the right, title, and interest of the person who has

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contracted for the improvement may be subject to attachment under

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the Construction Lien Law. The Department of Business and

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Professional Regulation shall furnish, for distribution, the

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statement described in this paragraph, and the statement must be

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a summary of the Construction Lien Law and must include an

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explanation of the provisions of the Construction Lien Law

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relating to the recording, and the posting of copies, of notices

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of commencement and a statement encouraging the owner to record a

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notice of commencement and post a copy of the notice of

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commencement in accordance with s. 713.13. The statement must

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also contain an explanation of the owner's rights if a lienor

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fails to furnish the owner with a notice as provided in s.

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713.06(2) and an explanation of the owner's rights as provided in

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s. 713.22. The authority that issues the building permit must

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obtain from the Department of Business and Professional

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Regulation the statement required by this paragraph and must

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mail, deliver by electronic mail or other electronic format or

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facsimile, or personally deliver that statement to the owner or,

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in a case in which the owner is required to personally appear to

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obtain the permit, provide that statement to any owner making

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improvements to real property consisting of a single or multiple

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family dwelling up to and including four units. However, the

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failure by the authorities to provide the summary does not

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subject the issuing authority to liability.

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     Section 22.  Subsection (2), subsection (3) of section

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713.16, Florida Statutes, are amended to read:

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     713.16  Demand for copy of contract and statements of

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account; form.--

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     (2)  The owner may serve in writing a demand of any lienor

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for a written statement under oath of his or her account showing

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the nature of the labor or services performed and to be

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performed, if any, the materials furnished, the materials to be

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furnished, if known, the amount paid on account to date, the

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amount due, and the amount to become due, if known, as of the

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date of the statement by the lienor, and the lienor's date of

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first furnishing of labor, services or materials. Any such demand

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to a lienor must be served on the lienor at the address and to

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the attention of any person who is designated to receive the

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demand in the notice to owner served by such lienor. The failure

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or refusal to furnish the statement does not deprive the lienor

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of his or her lien if the demand is not served at the address of

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the lienor or directed to the attention of the person designated

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to receive the demand in the notice to owner. The failure or

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refusal to furnish the statement under oath within 30 days after

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the demand, or the furnishing of a false or fraudulent statement,

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deprives the person so failing or refusing to furnish such

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statement of his or her lien. If the owner serves more than one

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demand for statement of account on a lienor and none of the

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information regarding the account has changed since the lienor's

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last response to a demand, the failure or refusal to furnish such

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statement does not deprive the lienor of his or her lien. The

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negligent inclusion or omission of any information deprives the

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person of his or her lien to the extent the owner can demonstrate

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prejudice from such act or omission by the lienor. The failure to

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furnish a response to a demand for statement of account does not

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affect the validity of any claim of lien being enforced through a

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foreclosure case filed prior to the date the demand for statement

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is received by the lienor.

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     (3)  A request for sworn statement of account must be in

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substantially the following form:

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REQUEST FOR SWORN STATEMENT OF ACCOUNT

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WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT, SIGNED

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UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT

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WILL RESULT IN THE LOSS OF YOUR LIEN.

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To:   (Lienor's name and address)  

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The undersigned hereby demands a written statement under oath of

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his or her account showing the nature of the labor or services

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performed and to be performed, if any, the materials furnished,

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the materials to be furnished, if known, the amount paid on

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account to date, the amount due, and the amount to become due, if

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known, as of the date of the statement and the lienor's date of

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first furnishing of labor, services or materials for the

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improvement of real property identified as   (property

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description)  .

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  (signature and address of owner)  

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  (date of request for sworn statement of account)23.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 1990

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and insert:

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act; amending s. 489.141, F.S.; deleting improper payments

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from eligibility of the construction industry recovery

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fund; amending s. 713.06, F.S.; providing additional

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notice requirements; amending s. 713.07, F.S.; providing

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for priority of liens; amending s. 713.13, F.S.; providing

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that payments made after the expiration of the notice of

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commencement are not improper; clarifying notice

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provisions; deleting expiration of notice of commencement

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within 90 days if no improvement is commenced; amending s.

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713.132, F.S.; limiting the sworn statement to the owner's

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best knowledge and belief; amending s. 713.135, F.S.;

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requiring the owner to sign and file statement of the

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construction lien law; amending s. 713.16, F.S.; providing

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additional requirements for the statement of account;

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providing an effective date.

4/14/2008  3:58:00 PM     RI.RI.07437