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A bill to be entitled

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An act relating to the Construction Lien Law; amending s.

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713.135, F.S.; clarifying provisions requiring that an

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applicant for a building permit record a notice of

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commencement before the permit is issued if the contract

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involves greater than a specified amount of money;

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revising requirements for the notice that appears on the

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permit card and on the application for a building permit;

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authorizing an authority that issues building permits to

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accept notices of commencement in an electronic format;

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requiring that the authority provide access to electronic

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notices of commencement in a searchable format by means of

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the Internet; providing an effective date.

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

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     Section 1.  Section 713.135, Florida Statutes, is amended to

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read:

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     713.135  Notice of commencement and applicability of lien.--

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     (1) An authority that issues building permits may not issue

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a permit for a direct contract in an amount greater than $2,500

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unless the applicant files, along with the application, a

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certified copy of the recorded notice of commencement or a

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notarized statement that the notice of commencement has been

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filed for recording. When any person applies for a building

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permit, The authority issuing such permit shall:

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     (a)  Print on the face of each permit card in no less than

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14-point, capitalized, boldfaced type:

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"WARNING TO OWNER:

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YOU MUST OBTAIN A RELEASE OF LIEN BEFORE YOU PAY ANY

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INSTALLMENTS ON A CONTRACT.

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DO NOT PAY THE CONTRACT IN FULL BEFORE THE CONTRACT

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HAS BEEN COMPLETED.

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YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY

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RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR

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PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED

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AND POSTED ON THE JOB SITE BEFORE THE FIRST

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INSPECTION. IF YOU INTEND TO OBTAIN FINANCING,

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CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE

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RECORDING YOUR NOTICE OF COMMENCEMENT."

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

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property upon which improvements are to be constructed with a

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printed statement stating that the right, title, and interest of

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the person who has contracted for the improvement may be subject

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to attachment under the Construction Lien Law. The Department of

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Business and Professional Regulation shall furnish, for

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distribution, the statement described in this paragraph., and The

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statement must be a summary of the Construction Lien Law; and

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must include an explanation of the provisions of the Construction

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Lien Law relating to the recording, and the posting of copies, of

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notices of commencement; and must include a statement indicating

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that encouraging the owner is required to record a notice of

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commencement and post a copy of the notice of commencement in

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accordance with s. 713.13. The statement must also contain an

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explanation of the owner's rights if a lienor fails to furnish

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the owner with a notice as provided in s. 713.06(2) and an

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explanation of the owner's rights as provided in s. 713.22. The

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authority that issues the building permit must obtain from the

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Department of Business and Professional Regulation the statement

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required by this paragraph and must mail, deliver by electronic

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mail or other electronic format or facsimile, or personally

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deliver that statement to the owner or, in a case in which the

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owner is required to personally appear to obtain the permit,

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provide that statement to any owner making improvements to real

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property consisting of a single or multiple family dwelling up to

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and including four units. However, the failure by the authorities

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to provide the summary does not subject the issuing authority to

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liability.

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     (c)  In addition to providing the owner with the statement

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as required by paragraph (b), inform each applicant who is not

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the person whose right, title, and interest is subject to

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attachment that, as a condition to the issuance of a building

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permit, the applicant must promise in good faith that the

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statement will be delivered to the person whose property is

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subject to attachment.

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     (d)  Furnish to the applicant two or more copies of a form

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of notice of commencement conforming with s. 713.13. If the

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direct contract is greater than $2,500, the applicant shall file

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with the issuing authority prior to the first inspection either a

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certified copy of the recorded notice of commencement or a

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notarized statement that the notice of commencement has been

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filed for recording, along with a copy thereof. In the absence of

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the filing of a certified copy of the recorded notice of

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commencement, the issuing authority or a private provider

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performing inspection services may not perform or approve

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subsequent inspections until the applicant files by mail,

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facsimile, hand delivery, or any other means such certified copy

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with the issuing authority. The certified copy of the notice of

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commencement must contain the name and address of the owner, the

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name and address of the contractor, and the location or address

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of the property being improved. The issuing authority shall

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verify that the name and address of the owner, the name of the

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contractor, and the location or address of the property being

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improved which is contained in the certified copy of the notice

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of commencement is consistent with the information in the

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building permit application. The issuing authority shall provide

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the recording information on the certified copy of the recorded

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notice of commencement to any person upon request. This

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subsection requires does not require the recording of a notice of

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commencement prior to the issuance of a building permit if the

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permit is for a direct contract in an amount greater than $2,500.

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If a local government requires a separate permit or inspection

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for installation of temporary electrical service or other

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temporary utility service, land clearing, or other preliminary

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site work, such permits may be issued and such inspections may be

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conducted without providing the issuing authority with a

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certified copy of a recorded notice of commencement or a

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notarized statement regarding a recorded notice of commencement.

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This subsection does not apply to a direct contract to repair or

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replace an existing heating or air-conditioning system in an

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amount less than $7,500.

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     (e) Not require that a notice of commencement be recorded

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as a condition of the application for, or processing or issuance

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of, a building permit. However, this paragraph does not modify or

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waive the inspection requirements set forth in this subsection.

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     (2)  An issuing authority under subsection (1) is not liable

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in any civil action for the failure:

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     (a) Of the person whose property is subject to attachment

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to receive or to be delivered a printed statement stating that

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the right, title, and interest of the person who has contracted

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for the improvement may be subject to attachment under the

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Construction Lien Law.

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     (3) An issuing authority under subsection (1) is not liable

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in any civil action for the failure

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     (b) To verify that a certified copy of the recorded notice

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of commencement has been filed in accordance with this section.

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     (3)(4) The several boards of county commissioners,

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municipal councils, or other similar bodies may by ordinance or

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resolution establish reasonable fees for furnishing copies of the

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forms and the printed statement provided in paragraphs (1)(b) and

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(d) in an amount not to exceed $5 to be paid by the applicant for

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each permit in addition to all other costs of the permit;

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however, no forms or statement need be furnished, mailed, or

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otherwise provided to, nor may such additional fee be obtained

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from, applicants for permits in those cases in which the owner of

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a legal or equitable interest, (including that of ownership of

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stock of a corporate landowner,) of the real property to be

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improved is engaged in the business of construction of buildings

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for sale to others and intends to make the improvements

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authorized by the permit on the property and upon completion will

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offer the improved real property for sale.

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     (4)(5) In addition to any other information required by the

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authority issuing the permit, each building permit application

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must contain:

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     (a)  The name and address of the owner of the real property;

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     (b)  The name and address of the contractor;

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     (c)  A description sufficient to identify the real property

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to be improved; and

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     (d)  The number or identifying symbol assigned to the

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building permit by the issuing authority, which number or symbol

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must be affixed to the application by the issuing authority.

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     (5)(6)(a) In addition to any other information required by

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the authority issuing the permit, the building permit application

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must be in substantially the following form:

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                                        Tax Folio No.__________

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BUILDING PERMIT APPLICATION

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Owner's Name

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Owner's Address

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Fee Simple Titleholder's Name (If other than owner)

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Fee Simple Titleholder's Address (If other than owner)

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City

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State_______________ Zip_______________

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Contractor's Name

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Contractor's Address

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City

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State_______________ Zip_______________

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Job Name

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Job Address

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City____________________County_______________

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Legal Description

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Bonding Company

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Bonding Company Address

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City____________________ State_______________

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Architect/Engineer's Name

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Architect/Engineer's Address

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Mortgage Lender's Name

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Mortgage Lender's Address

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     Application is hereby made to obtain a permit to do the work

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and installations as indicated. I certify that no work or

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installation has commenced prior to the issuance of a permit and

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that all work will be performed to meet the standards of all laws

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regulating construction in this jurisdiction. I understand that a

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separate permit must be secured for ELECTRICAL WORK, PLUMBING,

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SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, and AIR

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CONDITIONERS, etc.

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OWNER'S AFFIDAVIT: I certify that all the foregoing information

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is accurate and that all work will be done in compliance with all

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applicable laws regulating construction and zoning.

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WARNING TO OWNER:

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YOU MUST OBTAIN A RELEASE OF LIEN BEFORE YOU PAY ANY

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INSTALLMENTS ON A CONTRACT.

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DO NOT PAY THE CONTRACT IN FULL BEFORE THE CONTRACT

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HAS BEEN COMPLETED.

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YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY

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RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR

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PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED

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AND POSTED ON THE JOB SITE BEFORE THE FIRST

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INSPECTION.

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IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR

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LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR

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RECORDING YOUR NOTICE OF COMMENCEMENT.

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                      (Signature of Owner or Agent)  

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                             (including contractor)  

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STATE OF FLORIDA

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COUNTY OF _____

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     Sworn to (or affirmed) and subscribed before me this _____

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day of _____,   (year)  , by   (name of person making statement).

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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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                                (Signature of Contractor)  

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STATE OF FLORIDA

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COUNTY OF _____

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     Sworn to (or affirmed) and subscribed before me this _____

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day of _____,   (year)  , by   (name of person making statement).

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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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               (Certificate of Competency Holder)

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Contractor's State Certification or Registration No._____

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Contractor's Certificate of Competency No.__________

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APPLICATION APPROVED BY

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____________________Permit Officer

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     (b)  Consistent with the requirements of paragraph (a), an

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authority responsible for issuing building permits under this

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section may accept a building permit application and notice of

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commencement in an electronic format, as prescribed by the

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authority. Building permit applications and notices of

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commencement submitted to the authority electronically must

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contain the following additional statement in lieu of the

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requirement in paragraph (a) that a signed, sworn, and notarized

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signature of the owner or agent and the contractor be part of the

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owner's affidavit:

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OWNER'S ELECTRONIC SUBMISSION STATEMENT: Under penalty of

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perjury, I declare that all the information contained in this

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building permit application and notice of commencement is true

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and correct.

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     (c) An authority responsible for issuing building permits

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permit applications which accepts building permit applications

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and notices of commencement in an electronic format shall provide

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public Internet access to the electronic building permit

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applications and notices of commencement in a searchable format.

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     (6)(7) This section applies to every municipality and

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county in the state which now has or hereafter may have a system

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of issuing building permits for the construction of improvements

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or for the alteration or repair of improvements on or to real

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property located within the geographic limits of the issuing

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authority.

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     Section 2.  This act shall take effect July 1, 2008.