Florida Senate - 2009 SB 466
By Senator Wise
5-00269-09 2009466__
1 A bill to be entitled
2 An act relating to construction contracts; amending s.
3 713.015, F.S.; requiring a contractor to provide an
4 owner with a statement of an Owner's Rights and
5 Responsibilities Under Florida's Construction Lien
6 Law; requiring that a signed copy of the statement be
7 filed with the building permit application; specifying
8 the form and content of the notice; deleting the
9 requirement that notice be included in the direct
10 contract between the contractor and the owner;
11 amending s. 713.13, F.S.; removing a warning provision
12 from the Notice to Owners; amending s. 713.135, F.S.;
13 providing that a building permit application may not
14 be processed unless the signed statement of an Owner's
15 Rights and Responsibilities Under Florida's
16 Construction Lien Law is filed with the building
17 permit authority; deleting the requirement that the
18 permit authority provide the applicant with a printed
19 statement relating to construction lien law; providing
20 an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 713.015, Florida Statutes, is amended to
25 read:
26 713.015 Statement of owner's rights and responsibilities
27 Mandatory provisions for direct contracts.—
28 (1) For any direct contract greater than $2,500 between an
29 owner and a contractor, related to improvements to real property
30 consisting of single or multiple family dwellings up to and
31 including four units, the contractor must provide the owner with
32 a statement of an owner's rights and responsibilities under
33 construction lien law as described in subsection (2), which must
34 be must contain the following notice provision printed in no
35 less than 12-point, capitalized, boldfaced type on the front
36 page of the contract or on a separate page, signed by the owner
37 and dated, and submitted with the original building permit
38 application pursuant to s. 713.135. If the contractor applies
39 for the building permit, the contractor must provide a copy of
40 the filed document to the owner.:
41 ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001
42 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR
43 PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
44 RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.
45 THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR
46 OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB
47 SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED
48 MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE
49 ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR
50 CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
51 PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE
52 SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
53 SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED
54 TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS
55 CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
56 REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY
57 PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.”
58 FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
59 RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
60 (2) The statement of an Owner's Rights and Responsibilities
61 Under Florida's Construction Lien Law must be in substantially
62 the following form, must include the information contained in
63 the following form, and must include a copy of a Notice of
64 Commencement as provided in s. 713.13(1), a Release and Waiver
65 of Lien Upon Progress Payment as provided in s. 713.20(4), a
66 Release and Waiver of Lien Upon Final Payment as provided in s.
67 713.20(5), and a Contractor's Final Payment Affidavit as
68 provided in s. 713.06(3):
69 OWNER'S RIGHTS AND RESPONSIBILITIES
70 UNDER FLORIDA'S CONSTRUCTION LIEN LAW
71 ABOUT THIS DOCUMENT.—Florida law requires your contractor
72 to provide you with this document and the attached statutory
73 forms when you are contracting to make improvements to real
74 property. Therefore, it is critical that you have some
75 understanding of Florida's construction lien and payment laws
76 and take appropriate steps to protect your investment and
77 fulfill your obligations to those who provide labor and
78 materials for your project.
79 You must acknowledge that you have received and read this
80 document by signing on the signature page. The signed original
81 document must be delivered to the building permit authority,
82 along with the building permit application for your project.
83 Your building permit application will not be processed unless
84 this signed document is in the file. You need to retain a copy
85 of the filed document and the attached statutory forms so that
86 you can follow the procedures described in the document and
87 identify the proper statutory forms as you proceed with your
88 construction project. If your contractor applies for the
89 building permit, he or she must provide you with a copy.
90 THE FLORIDA CONSTRUCTION LIEN LAW.—Part I of chapter 713,
91 Florida Statutes (F.S.), governs private construction projects
92 in this state. The complete text of this law can be found at
93 www.leg.state.fl.us.
94 Under this law those who work on your property or provide
95 materials and services and who are not paid in full have a right
96 to enforce their claim for payment against your property. This
97 claim is known as a construction lien. If your contractor or a
98 subcontractor fails to pay subcontractors, sub-subcontractors,
99 or material suppliers, those people who are owed money may look
100 to your property for payment even if you have already paid your
101 contractor in full. If you fail to pay your contractor, your
102 contractor may also have a lien on your property. This means
103 that if a lien is filed, your property could be sold against
104 your will to pay for labor, materials, or other services that
105 your contractor or a subcontractor may have failed to pay.
106 The law also provides procedures to protect owners and guarantee
107 that you will never have to pay more than the amount of your
108 contract if you make proper payments. Although the construction
109 lien law has many complexities, the steps owners can take to
110 protect themselves and establish a “proper payment defense” are
111 simple, but very important.
112 STEP 1 — THE NOTICE OF COMMENCEMENT.—An owner is required
113 by law to complete, sign, and record in the public records an
114 accurate Notice of Commencement which contains certain specified
115 information. The information contained in the recorded Notice of
116 Commencement is relied upon by all parties who provide labor and
117 materials to your project. A copy of the statutory Notice of
118 Commencement form, s. 713.13, F.S., is attached to this
119 document.
120 If a lender is financing your project, the lender will assist
121 you in completing the Notice of Commencement and is responsible
122 for recording it in the public records. It is critical that your
123 Notice of Commencement be recorded after any construction loan
124 or mortgage documents are filed. If you do not have a lender,
125 preparing and recording the Notice of Commencement is your
126 responsibility. The Notice of Commencement must be recorded
127 before commencing construction and posted on your jobsite. A
128 copy of the recorded Notice of Commencement must be submitted to
129 the building permit authority prior to the first building
130 inspection.
131 A Notice of Commencement expires 1 year following the date of
132 recording unless otherwise stated. If 1 year is insufficient
133 time for completing your project, specify a realistic date so
134 that the Notice of Commencement does not expire before the
135 completion of your project.
136 STEP 2 — MONITOR THE DOCUMENTS AND NOTICES YOU RECEIVE.
137 Pick up your certified mail. Most lien notices are served by
138 certified mail and you need to know who is providing labor and
139 materials to your project. Section 713.18, F.S., provides that
140 any properly addressed notices that are returned to the sender
141 through no fault of the sender are considered served on the date
142 sent, so refusing certified mail only hurts you.
143 If you expect to be absent for periods of time during your
144 project, you should have an attorney or other agent in a
145 position of trust who understands the law handle these details
146 for you. Make sure someone is receiving your mail and taking
147 steps to obtain the necessary lien releases before making
148 payments to your contractor. If you receive anything that you do
149 not understand, seek the assistance of an experienced
150 construction law attorney.
151 STEP 3 — OBTAIN SIGNED LIEN WAIVERS EACH TIME YOU MAKE A
152 PAYMENT TO YOUR CONTRACTOR.—Each time you pay your contractor
153 you should obtain a Waiver and Release of Lien form from the
154 contractor and from anyone who serves you with a Notice to
155 Owner. Make sure that each release waives lien rights against
156 your project for work or materials furnished through the date of
157 the work or materials that your payment covers. This date is
158 probably not the date you are making the payment, but a date
159 prior to the payment date through which labor and materials have
160 been billed.
161 There are two statutory Waiver and Release of Lien forms. The
162 Waiver and Release of Lien Upon Progress Payment should be
163 submitted by a contractor, subcontractor, or material supplier
164 each time you make a payment to your contractor. The Waiver and
165 Release of Lien Upon Final Payment should be submitted by your
166 contractor, a subcontractor, or material supplier when they are
167 finished furnishing all work or materials for your project. For
168 example, when the plumber finishes all plumbing on your project
169 and receives final payment from the contractor, you should
170 obtain a Waiver and Release of Lien Upon Final Payment. Once you
171 receive a final waiver from a contractor, subcontractor, or
172 material supplier, you should not need another waiver unless
173 they are hired to do additional work. A copy of both statutory
174 Waiver and Release of Lien forms, s. 713.20, F.S., are attached
175 to this document.
176 STEP 4 — OBTAIN A CONTRACTOR'S FINAL PAYMENT AFFIDAVIT
177 BEFORE YOU MAKE FINAL PAYMENT TO YOUR CONTRACTOR.—In addition to
178 obtaining Final Waiver of Lien forms from the contractor and
179 anyone who has served you with a Notice to Owner, you should
180 obtain a Contractor's Final Payment Affidavit before you make
181 final payment to your contractor. This sworn affidavit should
182 reflect that everyone who supplied labor and materials on your
183 project has been paid in full, or should list those
184 subcontractors and suppliers who are still owed money. Make sure
185 that anyone listed as not being paid in full is paid before
186 making final payment to your contractor. You have a right to
187 rely on the information contained in the sworn affidavit when
188 you make final payment to your contractor. A copy of the
189 statutory Contractor's Final Payment Affidavit form, s. 713.06,
190 F.S., is attached to this document.
191 IF YOU FOLLOW THESE FOUR SIMPLE STEPS, FLORIDA LAW WILL PROTECT
192 YOU AND YOU SHOULD NEVER HAVE TO PAY TWICE FOR THE SAME LABOR OR
193 MATERIALS.
194 ADDITIONAL INFORMATION FOR YOUR PROTECTION
195 1. Always hire a Florida-licensed contractor. You can
196 verify the license status of your contractor by accessing the
197 website of the Department of Business and Professional
198 Regulation at www.myflorida.com/dbpr and performing a licensee
199 search. You can check under an individual name or, if your
200 contractor is a company, under the business name and then check
201 to see who the qualifying licensee is for that company.
202 2. Make sure that your contractor has the proper workers'
203 compensation coverage, or an allowed workers' compensation
204 exemption, and carries sufficient builder's risk insurance. The
205 contractor should be able to provide you with current, valid
206 certificates of insurance from his or her insurance agent.
207 3. Never accept an obviously low bid. If it seems too good
208 to be true, it probably is, and your construction project may be
209 in trouble before you even begin.
210 4. Some contractors require a reasonable deposit to cover
211 the cost of plans and permitting. This is an acceptable
212 practice. However, never pay substantial sums to a contractor in
213 advance of the work being performed.
214 5. If you receive documents or information that you do not
215 understand, consult an experienced construction law attorney.
216 6. Florida has a Homeowner's Construction Recovery Fund
217 that is funded through a portion of the building permit fees.
218 This fund helps consumers who have been harmed by a licensed
219 contractor. In order to be eligible to recover from this fund,
220 you must have complied with the proper payment procedures as
221 described in this document. For more information, contact the
222 Construction Industry Licensing Board at
223 www.myflorida.com/dbpr/pro/cilb.
224 OWNER'S ACKNOWLEDGEMENT AND RECEIPT
225 The undersigned owner(s) of Florida real property hereby
226 acknowledge that they are preparing to enter into a contract
227 with _____________________________________________for the
228 construction of real property improvements to the following
229 described property (insert address or legal description):
230 _________________________________________
231 _________________________________________
232 ...(Signature of Property Owner)......(Date)...
233 ...(Address)...
234 ...(Phone Number)...
235 ...(Signature of Property Owner)......(Date)...
236 ...(Address)...
237 ...(Phone Number)...
238 Attached Statutory Forms:
239 Notice of Commencement
240 Release and Waiver of Lien Upon Progress Payment
241 Release and Waiver of Lien Upon Final Payment
242 Contractor's Final Payment Affidavit
243 (2)(a) If the contract is written, the notice must be in
244 the contract document. If the contract is oral or implied, the
245 notice must be provided in a document referencing the contract.
246 (3)(b) The failure to provide such written notice does not
247 bar the enforcement of a lien against a person who has not been
248 adversely affected.
249 (4)(c) This section may not be construed to adversely
250 affect the lien and bond rights of lienors who are not in
251 privity with the owner. This section does not apply when the
252 owner is a contractor licensed under chapter 489 or is a person
253 who created parcels or offers parcels for sale or lease in the
254 ordinary course of business.
255 Section 2. Paragraph (d) of subsection (1) of section
256 713.13, Florida Statutes, is amended to read:
257 713.13 Notice of commencement.—
258 (1)
259 (d) A notice of commencement must be in substantially the
260 following form:
261 Permit No..... Tax Folio No.....
262 NOTICE OF COMMENCEMENT
263 State of....
264 County of....
265 The undersigned hereby gives notice that improvement will be
266 made to certain real property, and in accordance with Chapter
267 713, Florida Statutes, the following information is provided in
268 this Notice of Commencement.
269 1. Description of property: ...(legal description of the
270 property, and street address if available)....
271 2. General description of improvement:.....
272 3. Owner information:.....
273 a. Name and address:.....
274 b. Interest in property:.....
275 c. Name and address of fee simple titleholder (if other
276 than Owner):.....
277 4.a. Contractor: ...(name and address)....
278 b. Contractor's phone number:.....
279 5. Surety
280 a. Name and address:.....
281 b. Phone number:.....
282 c. Amount of bond: $.....
283 6.a. Lender: ...(name and address)....
284 b. Lender's phone number:.....
285 7.a. Persons within the State of Florida designated by
286 Owner upon whom notices or other documents may be served as
287 provided by Section 713.13(1)(a)7., Florida Statutes: ...(name
288 and address)....
289 b. Phone numbers of designated persons:.....
290 8.a. In addition to himself or herself, Owner designates
291 ............ of ............ to receive a copy of the Lienor's
292 Notice as provided in Section 713.13(1)(b), Florida Statutes.
293 b. Phone number of person or entity designated by
294 owner:.....
295 9. Expiration date of notice of commencement (the
296 expiration date is 1 year from the date of recording unless a
297 different date is specified).....
298 WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
299 EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
300 PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
301 STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
302 TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
303 POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
304 INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
305 ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
306 COMMENCEMENT.
307 ...(Signature of Owner or Owner's Authorized
308 Officer/Director/Partner/Manager)...
309 ...(Signatory's Title/Office)...
310 The foregoing instrument was acknowledged before me this ....
311 day of ...., ...(year)..., by ...(name of person)... as ...(type
312 of authority,...e.g. officer, trustee, attorney in fact)... for
313 ...(name of party on behalf of whom instrument was executed)....
314 ...(Signature of Notary Public - State of Florida)...
315 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
316 Personally Known .... OR Produced Identification ....
317 Type of Identification Produced............
318 Verification pursuant to Section 92.525, Florida Statutes.
319 Under penalties of perjury, I declare that I have read the
320 foregoing and that the facts stated in it are true to the best
321 of my knowledge and belief.
322 ...(Signature of Natural Person Signing Above)...
323 Section 3. Section 713.135, Florida Statutes, is amended to
324 read:
325 713.135 Building permit application Notice of commencement
326 and applicability of lien.—
327 (1) When any person applies for a building permit, the
328 authority issuing such permit shall:
329 (a) Require the applicant to submit the signed and dated
330 statement of an Owner's Rights and Responsibilities Under
331 Florida's Construction Lien Law described in s. 713.015. A
332 building permit application may not be processed unless the
333 signed document is in the file. Print on the face of each permit
334 card in no less than 14-point, capitalized, boldfaced type:
335 “WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
336 COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
337 YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
338 POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
339 INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
340 ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.”
341 (b) Provide the applicant and the owner of the real
342 property upon which improvements are to be constructed with a
343 printed statement stating that the right, title, and interest of
344 the person who has contracted for the improvement may be subject
345 to attachment under the Construction Lien Law. The Department of
346 Business and Professional Regulation shall furnish, for
347 distribution, the statement described in this paragraph, and the
348 statement must be a summary of the Construction Lien Law and
349 must include an explanation of the provisions of the
350 Construction Lien Law relating to the recording, and the posting
351 of copies, of notices of commencement and a statement
352 encouraging the owner to record a notice of commencement and
353 post a copy of the notice of commencement in accordance with s.
354 713.13. The statement must also contain an explanation of the
355 owner's rights if a lienor fails to furnish the owner with a
356 notice as provided in s. 713.06(2) and an explanation of the
357 owner's rights as provided in s. 713.22. The authority that
358 issues the building permit must obtain from the Department of
359 Business and Professional Regulation the statement required by
360 this paragraph and must mail, deliver by electronic mail or
361 other electronic format or facsimile, or personally deliver that
362 statement to the owner or, in a case in which the owner is
363 required to personally appear to obtain the permit, provide that
364 statement to any owner making improvements to real property
365 consisting of a single or multiple family dwelling up to and
366 including four units. However, the failure by the authorities to
367 provide the summary does not subject the issuing authority to
368 liability.
369 (c) In addition to providing the owner with the statement
370 as required by paragraph (b), inform each applicant who is not
371 the person whose right, title, and interest is subject to
372 attachment that, as a condition to the issuance of a building
373 permit, the applicant must promise in good faith that the
374 statement will be delivered to the person whose property is
375 subject to attachment.
376 (b)(d) Furnish to the applicant two or more copies of a
377 form of notice of commencement conforming with s. 713.13.
378 (c) If the direct contract is greater than $2,500, the
379 applicant shall file with the issuing authority prior to the
380 first inspection either a certified copy of the recorded notice
381 of commencement or a notarized statement that the notice of
382 commencement has been filed for recording, along with a copy
383 thereof. In the absence of the filing of a certified copy of the
384 recorded notice of commencement, the issuing authority or a
385 private provider performing inspection services may not perform
386 or approve subsequent inspections until the applicant files by
387 mail, facsimile, hand delivery, or any other means such
388 certified copy with the issuing authority. The certified copy of
389 the notice of commencement must contain the name and address of
390 the owner, the name and address of the contractor, and the
391 location or address of the property being improved.
392 1. The issuing authority must shall verify that the name
393 and address of the owner, the name of the contractor, and the
394 location or address of the property being improved which is
395 contained in the certified copy of the notice of commencement is
396 consistent with the information in the building permit
397 application. The issuing authority shall provide the recording
398 information on the certified copy of the recorded notice of
399 commencement to any person upon request.
400 2. This subsection does not require the recording of a
401 notice of commencement as a condition of the application for,
402 processing of, or prior to the issuance of a building permit. If
403 a local government requires a separate permit or inspection for
404 installation of temporary electrical service or other temporary
405 utility service, land clearing, or other preliminary site work,
406 such permits may be issued and such inspections may be conducted
407 without providing the issuing authority with a certified copy of
408 a recorded notice of commencement or a notarized statement
409 regarding a recorded notice of commencement. This subsection
410 does not apply to a direct contract to repair or replace an
411 existing heating or air-conditioning system in an amount less
412 than $7,500.
413 (e) Not require that a notice of commencement be recorded
414 as a condition of the application for, or processing or issuance
415 of, a building permit. However, this paragraph does not modify
416 or waive the inspection requirements set forth in this
417 subsection.
418 (2) An issuing authority under subsection (1) is not liable
419 in any civil action for the failure of the person whose property
420 is subject to attachment to receive or to be delivered a printed
421 statement stating that the right, title, and interest of the
422 person who has contracted for the improvement may be subject to
423 attachment under the Construction Lien Law.
424 3.(3) An issuing authority under subsection (1) is not
425 liable in any civil action for the failure to verify that a
426 certified copy of the recorded notice of commencement has been
427 filed in accordance with this section.
428 (2)(4) The several boards of county commissioners,
429 municipal councils, or other similar bodies may by ordinance or
430 resolution establish reasonable fees for furnishing copies of
431 the forms and the printed statement provided in paragraphs
432 (1)(b) and (d) in an amount not to exceed $5 to be paid by the
433 applicant for each permit in addition to all other costs of the
434 permit; however, no forms or statement need be furnished,
435 mailed, or otherwise provided to, nor may such additional fee be
436 obtained from, applicants for permits in those cases in which
437 the owner of a legal or equitable interest, (including that of
438 ownership of stock of a corporate landowner,) of the real
439 property to be improved is engaged in the business of
440 construction of buildings for sale to others and intends to make
441 the improvements authorized by the permit on the property and
442 upon completion will offer the improved real property for sale.
443 (3)(5) In addition to any other information required by the
444 authority issuing the permit, each building permit application
445 must contain:
446 (a) The name and address of the owner of the real property;
447 (b) The name and address of the contractor;
448 (c) A description sufficient to identify the real property
449 to be improved; and
450 (d) The number or identifying symbol assigned to the
451 building permit by the issuing authority, which number or symbol
452 must be affixed to the application by the issuing authority.
453 (4)(6)(a) In addition to any other information required by
454 the authority issuing the permit, the building permit
455 application must be in substantially the following form:
456 Tax Folio No.........
457 BUILDING PERMIT APPLICATION
458 Owner's Name....................................................
459 Owner's Address.................................................
460 Fee Simple Titleholder's Name (If other than owner).............
461 Fee Simple Titleholder's Address (If other than owner)..........
462 City............................................................
463 State............ Zip............
464 Contractor's Name...............................................
465 Contractor's Address............................................
466 City............................................................
467 State............ Zip............
468 Job Name........................................................
469 Job Address.....................................................
470 City................ County............
471 Legal Description...............................................
472 Bonding Company.................................................
473 Bonding Company Address.........................................
474 City................ State............
475 Architect/Engineer's Name.......................................
476 Architect/Engineer's Address....................................
477 Mortgage Lender's Name..........................................
478 Mortgage Lender's Address.......................................
479 Application is hereby made to obtain a permit to do the
480 work and installations as indicated. I certify that no work or
481 installation has commenced prior to the issuance of a permit and
482 that all work will be performed to meet the standards of all
483 laws regulating construction in this jurisdiction. I understand
484 that a separate permit must be secured for ELECTRICAL WORK,
485 PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
486 TANKS, and AIR CONDITIONERS, etc.
487 OWNER'S AFFIDAVIT: I certify that all the foregoing information
488 is accurate and that all work will be done in compliance with
489 all applicable laws regulating construction and zoning.
490 WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
491 COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
492 IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
493 COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB
494 SITE BEFORE THE FIRST INSPECTION.
495 IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
496 LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR
497 RECORDING YOUR NOTICE OF COMMENCEMENT.
498 ...(Signature of Owner or Agent)...
499 ...(including contractor)...
500 STATE OF FLORIDA
501 COUNTY OF ....
502 Sworn to (or affirmed) and subscribed before me this ....
503 day of ...., ...(year)..., by ...(name of person making
504 statement)....
505 ...(Signature of Notary Public - State of Florida)...
506 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
507 Personally Known .... OR Produced Identification ....
508 Type of Identification Produced............
509 ...(Signature of Contractor)...
510 STATE OF FLORIDA
511 COUNTY OF ....
512 Sworn to (or affirmed) and subscribed before me this ....
513 day of ...., ...(year)..., by ...(name of person making
514 statement)....
515 ...(Signature of Notary Public - State of Florida)...
516 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
517 Personally Known .... OR Produced Identification ....
518 Type of Identification Produced............
519 (Certificate of Competency Holder)
520 Contractor's State Certification or Registration No.....
521 Contractor's Certificate of Competency No.........
522 APPLICATION APPROVED BY
523 ................Permit Officer
524 (5)(b) Consistent with the requirements of subsection (4)
525 paragraph (a), an authority responsible for issuing building
526 permits under this section may accept a building permit
527 application in an electronic format, as prescribed by the
528 authority.
529 (a) Building permit applications submitted to the authority
530 electronically must contain the following additional statement
531 in lieu of the requirement in subsection (4) paragraph (a) that
532 a signed, sworn, and notarized signature of the owner or agent
533 and the contractor be part of the owner's affidavit:
534 OWNER'S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
535 perjury, I declare that all the information contained in this
536 building permit application is true and correct.
537 (b)(c) An authority that responsible for issuing building
538 permit applications which accepts building permit applications
539 in an electronic format must shall provide public Internet
540 access to the electronic building permit applications in a
541 searchable format.
542 (6) Each permit issued by the permitting authority must
543 include the following statement in at least 14-point,
544 capitalized, boldfaced type: A NOTICE OF COMMENCEMENT MUST BE
545 RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.
546 IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR
547 AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
548 (7) This section applies to every municipality and county
549 in the state which now has or hereafter may have a system of
550 issuing building permits for the construction of improvements or
551 for the alteration or repair of improvements on or to real
552 property located within the geographic limits of the issuing
553 authority.
554 Section 4. This act shall take effect July 1, 2009.