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.