Florida Senate - 2009 CS for SB 560
By the Committee on Regulated Industries; and Senator Bennett
580-04104-09 2009560c1
1 A bill to be entitled
2 An act relating to construction bonds; amending s.
3 218.72, F.S.; clarifying the definition of
4 “construction services”; amending s. 218.735, F.S.;
5 requiring that contractors and subcontractors verify
6 payments to local government agencies; amending s.
7 255.05, F.S.; requiring that a surety record in the
8 public records a payment bond for a public works
9 construction project; requiring that the bond number
10 be stated on the first page of a bond; prohibiting the
11 issuing authority for a building permit or a private
12 provider providing inspection services from inspecting
13 the property being improved until the occurrence of
14 certain events; providing that a payment and
15 performance bond is not required for certain
16 contracts; authorizing certain entities to exempt
17 certain contracts from the requirement for a payment
18 and performance bond; requiring that the clerk of
19 court serve a notice of contest of lien; amending s.
20 255.072, F.S.; clarifying the definition of
21 “construction services”; amending s. 255.073, F.S.;
22 requiring that contractors and subcontractors verify
23 payments to local government agencies; amending s.
24 713.015, F.S.; requiring that a contractor provide an
25 owner with a general statement of an owner’s rights
26 and responsibilities under Florida’s Construction Lien
27 Law; requiring that a signed copy of the statement be
28 filed with the building permit application; specifying
29 the form and content of the statement; deleting the
30 requirement that notice be included in the direct
31 contract between the contractor and the owner;
32 amending s. 713.06, F.S.; revising the form of a
33 notice for liens of persons not in privity; amending
34 s. 713.09, F.S.; including units in provisions
35 relating to a single claim of lien; deleting certain
36 requirements relating to direct contracts; amending s.
37 713.13, F.S.; providing for the expiration of a notice
38 of commencement; revising the form of a notice of
39 commencement; requiring the posting of a payment bond
40 on a job site; amending s. 713.135, F.S.; revising the
41 warning to the owner printed on certain permit cards;
42 deleting a requirement relating to the filing a notice
43 of commencement before certain inspections; revising
44 the warning to the owner provided on a building permit
45 form; deleting provisions requiring the authority
46 issuing a building permit to provide certain
47 statements and information; creating s. 713.137, F.S.;
48 prohibiting the authority issuing a building permit or
49 a private provider providing inspection services from
50 inspecting an improvement until certain documents have
51 been filed and the information in the notice of
52 commencement meets certain standards; providing
53 exceptions; amending s. 713.16, F.S.; revising
54 requirements for demands for a copy of a construction
55 contract and a statement of account; authorizing a
56 lienor who submits or mails a claim of lien to the
57 clerk for recording to make certain demands to an
58 owner for certain written statements; providing
59 requirements for such written demands; amending s.
60 713.18, F.S.; providing additional methods by which
61 certain items may be served by mail; specifying
62 information required on certain written instruments
63 under certain circumstances; amending s. 713.22, F.S.;
64 requiring that the clerk of court serve a notice of
65 contest of lien; amending s. 713.23, F.S.; requiring
66 that the clerk of court serve a notice of contest of
67 nonpayment; conforming cross-references; amending s.
68 713.24, F.S.; requiring that the clerk of court serve
69 a copy of the certificate showing the transfer of a
70 lien and a copy of the security if the lien is
71 transferred to a security; authorizing a clerk to
72 collect certain service charges under certain
73 circumstances; amending s. 713.29, F.S.; clarifying
74 the determination of a prevailing party for the
75 purpose of recovering attorney’s fees; providing
76 effective dates.
77
78 Be It Enacted by the Legislature of the State of Florida:
79
80 Section 1. Subsection (7) of section 218.72, Florida
81 Statutes, is amended to read:
82 218.72 Definitions.—As used in this part:
83 (7) “Construction services” means all labor, services,
84 including architectural and engineering services, and materials
85 provided in connection with the construction, alteration,
86 repair, demolition, reconstruction, or any other improvements to
87 real property.
88 Section 2. Subsection (6) of section 218.735, Florida
89 Statutes, is amended to read:
90 218.735 Timely payment for purchases of construction
91 services.—
92 (6) When a contractor receives payment from a local
93 governmental entity for labor, services, or materials furnished
94 by subcontractors and suppliers hired by the contractor, the
95 contractor shall remit payment due to those subcontractors and
96 suppliers within 10 days after the contractor’s receipt of
97 payment. When a subcontractor receives payment from a contractor
98 for labor, services, or materials furnished by subcontractors
99 and suppliers hired by the subcontractor, the subcontractor
100 shall remit payment due to those subcontractors and suppliers
101 within 7 days after the subcontractor’s receipt of payment.
102 Nothing herein shall prohibit a contractor or subcontractor from
103 disputing, pursuant to the terms of the relevant contract, all
104 or any portion of a payment alleged to be due to another party
105 if the contractor or subcontractor notifies the party whose
106 payment is disputed, in writing, of the amount in dispute and
107 the actions required to cure the dispute. The contractor or
108 subcontractor must pay all undisputed amounts due within the
109 time limits imposed by this section and verify such payment to
110 the local government.
111 Section 3. Subsection (1) and paragraph (a) of subsection
112 (2) of section 255.05, Florida Statutes, are amended to read:
113 255.05 Bond of contractor constructing public buildings;
114 form; action by materialmen.—
115 (1)(a) Any person entering into a formal contract with the
116 state or any county, municipality city, or political subdivision
117 thereof, or other public authority or private entity, for the
118 construction of a public building, for the prosecution and
119 completion of a public work, or for repairs upon a public
120 building or public work shall be required, before commencing the
121 work or before recommencing the work after a default or
122 abandonment, to execute and, deliver to the public owner, and
123 record in the public records of the county where the improvement
124 is located, a payment and performance bond with a surety insurer
125 authorized to do business in this state as surety.
126 (a) A public entity may not require a contractor to secure
127 a surety bond under this section from a specific agent or
128 bonding company.
129 (b) The bond must state on its front page: the name,
130 principal business address, and phone number of the contractor,
131 the surety, the owner of the property being improved, and, if
132 different from the owner, the contracting public entity; the
133 contract number assigned by the contracting public entity; the
134 bond number assigned by the surety; and a description of the
135 project sufficient to identify it, such as a legal description
136 or the street address of the property being improved, and a
137 general description of the improvement.
138 (c) Such bond shall be conditioned upon the contractor’s
139 performance of the construction work in the time and manner
140 prescribed in the contract and promptly making payments to all
141 persons defined in s. 713.01 who furnish labor, services, or
142 materials for the prosecution of the work provided for in the
143 contract.
144 (d) The contractor shall, upon issuance, record the payment
145 bond in the public records of the county in which the
146 improvement will be located.
147 (e)1. The issuing authority for the building permit, or a
148 private provider providing inspection services, may not inspect
149 the property being improved until:
150 a. The issuing authority has a copy of the contractor’s
151 recorded payment bond on file; or
152 b. The contracting public entity has filed with the issuing
153 authority a notarized statement stating that the contract is
154 exempt from the requirement for a payment bond as provided in
155 this section.
156 2. This paragraph does not apply to inspections for the
157 installation of temporary electrical service or other temporary
158 utility service, land clearing, or other preliminary site work.
159 (f) Any claimant may apply to the governmental entity
160 having charge of the work for copies of the contract and bond
161 and shall thereupon be furnished with a certified copy of the
162 contract and bond. The claimant has shall have a right of action
163 against the contractor and surety for the amount due him or her,
164 including unpaid finance charges due under the claimant’s
165 contract. Such action shall not involve the public authority in
166 any expense.
167 (g)1. A payment and performance bond is not required for a
168 contract with the state for $100,000 or less. When such work is
169 done for the state and the contract is for $100,000 or less, no
170 payment and performance bond shall be required.
171 2. At the discretion of The official or board awarding a
172 such contract when such work is done for a any county,
173 municipality city, political subdivision, or public authority
174 may exempt a contract, any person entering into such a contract
175 which is for $200,000 or less from the requirement for a may be
176 exempted from executing the payment and performance bond.
177 3. When such work is done for the state, The Secretary of
178 Management Services may delegate to a state agency agencies the
179 authority to exempt any person entering into such a contract for
180 amounting to more than $100,000 but less than $200,000 from the
181 requirement for a executing the payment and performance bond. If
182 In the event such exemption is granted, the officer or officials
183 are shall not be personally liable to persons suffering loss
184 because of granting such exemption. The Department of Management
185 Services shall maintain information on the number of requests by
186 state agencies for delegation of authority to waive the bond
187 requirements by agency and project number and whether any
188 request for delegation was denied and the justification for the
189 denial.
190 (h) Any provision in a payment bond furnished for public
191 work contracts as provided by this subsection which restricts
192 the classes of persons as defined in s. 713.01 protected by the
193 bond or the venue of any proceeding relating to such bond is
194 unenforceable.
195 (i)(b) The Department of Management Services shall adopt
196 rules with respect to all contracts for $200,000 or less, to
197 provide:
198 1. Procedures for retaining up to 10 percent of each
199 request for payment submitted by a contractor and procedures for
200 determining disbursements from the amount retained on a pro rata
201 basis to laborers, materialmen, and subcontractors, as defined
202 in s. 713.01.
203 2. Procedures for requiring certification from laborers,
204 materialmen, and subcontractors, as defined in s. 713.01, prior
205 to final payment to the contractor that such laborers,
206 materialmen, and subcontractors have no claims against the
207 contractor resulting from the completion of the work provided
208 for in the contract.
209
210 The state is shall not be held liable to any laborer,
211 materialman, or subcontractor for any amounts greater than the
212 pro rata share as determined under this section.
213 (j)(c)1. The amount of the bond shall equal the contract
214 price, except that for a contract in excess of $250 million, if
215 the state, county, municipality, political subdivision, or other
216 public entity finds that a bond in the amount of the contract
217 price is not reasonably available, the public owner shall set
218 the amount of the bond at the largest amount reasonably
219 available, but not less than $250 million.
220 2. For construction-management or design-build contracts,
221 if the public owner does not include in the bond amount the cost
222 of design or other nonconstruction services, the bond may not be
223 conditioned on performance of such services or payment to
224 persons furnishing such services. Notwithstanding paragraph (h)
225 (a), such a bond may exclude persons furnishing such services
226 from the classes of persons protected by the bond.
227 (2)(a)1. If a claimant is no longer furnishing labor,
228 services, or materials on a project, a contractor or the
229 contractor’s agent or attorney may elect to shorten the
230 prescribed time in this paragraph within which an action to
231 enforce any claim against a payment bond must provided pursuant
232 to this section may be commenced by recording in the clerk’s
233 office a notice in substantially the following form:
234
235 NOTICE OF CONTEST OF CLAIM
236 AGAINST PAYMENT BOND
237 To: ...(Name and address of claimant)...
238 You are notified that the undersigned contests your notice
239 of nonpayment, dated ............, ........, and served on the
240 undersigned on ............, ........, and that the time within
241 which you may file suit to enforce your claim is limited to 60
242 days after the date of service of this notice.
243 DATED on ............, .........
244 Signed:...(Contractor or Attorney)...
245 The claim of any claimant upon whom such notice is served and
246 who fails to institute a suit to enforce his or her claim
247 against the payment bond within 60 days after service of such
248 notice shall be extinguished automatically. The clerk shall
249 serve mail a copy of the notice of contest to the claimant at
250 the address shown in the notice of nonpayment or most recent
251 amendment thereto and shall certify to such service on the face
252 of such notice and record the notice. Service is complete upon
253 mailing.
254 2. A claimant, except a laborer, who is not in privity with
255 the contractor shall, before commencing or not later than 45
256 days after commencing to furnish labor, services, or materials
257 for the prosecution of the work, furnish the contractor with a
258 written notice that he or she intends to look to the bond for
259 protection. A claimant who is not in privity with the contractor
260 and who has not received payment for his or her labor, services,
261 or materials shall deliver to the contractor and to the surety
262 written notice of the performance of the labor or delivery of
263 the materials or supplies and of the nonpayment. The notice of
264 nonpayment may be served at any time during the progress of the
265 work or thereafter but not before 45 days after the first
266 furnishing of labor, services, or materials, and not later than
267 90 days after the final furnishing of the labor, services, or
268 materials by the claimant or, with respect to rental equipment,
269 not later than 90 days after the date that the rental equipment
270 was last on the job site available for use. Any notice of
271 nonpayment served by a claimant who is not in privity with the
272 contractor which includes sums for retainage must specify the
273 portion of the amount claimed for retainage. An No action for
274 the labor, materials, or supplies may not be instituted against
275 the contractor or the surety unless both notices have been
276 given. Notices required or permitted under this section may be
277 served in accordance with s. 713.18. A claimant may not waive in
278 advance his or her right to bring an action under the bond
279 against the surety. In any action brought to enforce a claim
280 against a payment bond under this section, the prevailing party
281 is entitled to recover a reasonable fee for the services of his
282 or her attorney for trial and appeal or for arbitration, in an
283 amount to be determined by the court, which fee must be taxed as
284 part of the prevailing party’s costs, as allowed in equitable
285 actions. The time periods for service of a notice of nonpayment
286 or for bringing an action against a contractor or a surety shall
287 be measured from the last day of furnishing labor, services, or
288 materials by the claimant and shall not be measured by other
289 standards, such as the issuance of a certificate of occupancy or
290 the issuance of a certificate of substantial completion.
291 Section 4. Subsection (2) of section 255.072, Florida
292 Statutes, is amended to read:
293 255.072 Definitions.—As used in ss. 255.073-255.078, the
294 term:
295 (2) “Construction services” means all labor, services,
296 including architectural and engineering services, and materials
297 provided in connection with the construction, alteration,
298 repair, demolition, reconstruction, or any other improvements to
299 real property. The term “construction services” does not include
300 contracts or work performed for the Department of
301 Transportation.
302 Section 5. Subsection (3) of section 255.073, Florida
303 Statutes, is amended to read:
304 255.073 Timely payment for purchases of construction
305 services.—
306 (3) When a contractor receives payment from a public entity
307 for labor, services, or materials furnished by subcontractors
308 and suppliers hired by the contractor, the contractor shall
309 remit payment due to those subcontractors and suppliers within
310 10 days after the contractor’s receipt of payment. When a
311 subcontractor receives payment from a contractor for labor,
312 services, or materials furnished by subcontractors and suppliers
313 hired by the subcontractor, the subcontractor shall remit
314 payment due to those subcontractors and suppliers within 7 days
315 after the subcontractor’s receipt of payment. This subsection
316 does not prohibit a contractor or subcontractor from disputing,
317 pursuant to the terms of the relevant contract, all or any
318 portion of a payment alleged to be due to another party if the
319 contractor or subcontractor notifies the party whose payment is
320 disputed, in writing, of the amount in dispute and the actions
321 required to cure the dispute. The contractor or subcontractor
322 must pay all undisputed amounts due within the time limits
323 imposed by this subsection and verify such payment to the local
324 government.
325 Section 6. Section 713.015, Florida Statutes, is amended to
326 read:
327 713.015 General statement of owner’s right and
328 responsibilities Mandatory provisions for direct contracts.—
329 (1) For any direct contract greater than $2,500 between an
330 owner and a contractor, related to improvements to real property
331 consisting of single or multiple family dwellings up to and
332 including four units, the contractor must provide the owner with
333 a copy of the signed and dated general statement of an owner’s
334 rights and responsibilities under Florida’s Construction Lien
335 Law as described in subsection (2), which must be contain the
336 following notice provision printed in no less than 12-point,
337 capitalized, boldfaced type on the front page of the contract or
338 on a separate page, signed by the owner and dated, and submitted
339 with the original building permit application pursuant to s.
340 713.135. If the contractor applies for the building permit, the
341 contractor must provide to the owner a signed and dated copy of
342 the general statement of an owner’s rights and
343 responsibilities.:
344
345 ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001
346 713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR
347 PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
348 RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.
349 THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR
350 OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB
351 SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED
352 MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE
353 ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR
354 CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
355 PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE
356 SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
357 SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED
358 TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS
359 CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
360 REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY
361 PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.”
362 FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
363 RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
364 (2) The general statement of an owner’s rights and
365 responsibilities under Florida’s Construction Lien Law must be
366 in substantially the following form, must include the
367 information contained in the following form, and must include a
368 copy of a notice of commencement as provided in s. 713.13(1), a
369 waiver and release of lien upon progress payment as provided in
370 s. 713.20(4), a waiver and release of lien upon final payment as
371 provided in s. 713.20(5), a request for sworn statement of
372 account as provided in s. 713.16, and a contractor’s final
373 payment affidavit as provided in s. 713.06(3):
374
375 GENERAL STATEMENT OF
376 OWNER’S RIGHTS AND RESPONSIBILITIES
377 UNDER FLORIDA’S CONSTRUCTION LIEN LAW
378
379 ABOUT THIS DOCUMENT.—Florida law requires your contractor
380 to provide you with this document and the attached statutory
381 forms when you are contracting to make improvements to real
382 property. Therefore, it is critical that you have some
383 understanding of Florida’s construction lien and payment laws
384 and take appropriate steps to protect your investment and
385 fulfill your obligations to those who provide labor and
386 materials for your project.
387
388 You must acknowledge that you have received and read this
389 document by signing on the signature page. The signed original
390 document must be delivered to the building permit authority,
391 along with the building permit application for your project.
392 Your building permit application will not be processed unless
393 this signed document is in the file. You need to retain a copy
394 of the filed document and the attached statutory forms so that
395 you can follow the procedures described in the document and
396 identify the proper statutory forms as you proceed with your
397 construction project. If your contractor applies for the
398 building permit, he or she must provide you with a copy of the
399 signed and dated general statement of an owner’s rights and
400 responsibilities.
401
402 THE FLORIDA CONSTRUCTION LIEN LAW.—Part I of chapter 713,
403 Florida Statutes (F.S.), governs private construction projects
404 in this state. The complete text of this law can be found at
405 www.leg.state.fl.us. This general statement is intended as a
406 guide and does not take precedence over the language of
407 Florida’s Construction Lien Law.
408
409 Under this law, those who work on your property or provide
410 materials and services and who are not paid in full have a right
411 to enforce their claim for payment against your property. This
412 claim is known as a construction lien. If your contractor or a
413 subcontractor fails to pay subcontractors, sub-subcontractors,
414 or material suppliers, those people who are owed money may look
415 to your property for payment even if you have already paid your
416 contractor in full. If you fail to pay your contractor, your
417 contractor may also have a lien on your property. This means
418 that if a lien is filed, your property could be sold against
419 your will to pay for labor, materials, or other services that
420 your contractor or a subcontractor may have failed to pay.
421
422 The law also provides procedures to protect owners and
423 guarantee that you will never have to pay more than the amount
424 of your contract if you make proper payments. Although the
425 construction lien law has many complexities, the steps owners
426 can take to protect themselves and establish a “proper payment
427 defense” are simple, but very important.
428
429 STEP 1 — THE NOTICE OF COMMENCEMENT.—An owner is required
430 by law to complete, sign, and record in the public records an
431 accurate Notice of Commencement for all direct contracts that
432 exceed $2,500, which notice provides certain specified
433 information. The information provided in the recorded Notice of
434 Commencement is relied upon by all parties who provide labor and
435 materials to your project. A copy of the statutory Notice of
436 Commencement form, s. 713.13, F.S., is attached to this
437 document.
438
439 If a lender is financing your project, the lender will
440 assist you in completing the Notice of Commencement and is
441 responsible for recording it in the public records. It is
442 critical that your Notice of Commencement be recorded after any
443 construction loan or mortgage documents are recorded. If you do
444 not have a lender, preparing and recording the Notice of
445 Commencement is your responsibility. The Notice of Commencement
446 must be recorded before commencing construction and posted on
447 your jobsite. For most projects, a copy of the recorded Notice
448 of Commencement must be submitted to the building permit
449 authority before the first building inspection.
450
451 STEP 2 — MONITOR THE DOCUMENTS AND NOTICES YOU RECEIVE.
452 Pick up your certified mail. Most lien notices are served by
453 certified mail and you need to know who is providing labor and
454 materials to your project. Section 713.18, F.S., provides that
455 any properly addressed notices that are returned to the sender
456 through no fault of the sender are considered served on the date
457 sent, so failing to claim certified mail only hurts you.
458
459 If you expect to be absent for periods of time during your
460 project, you should have an attorney or other agent in a
461 position of trust who understands the law handle these details
462 for you. Make sure someone is receiving your mail and taking
463 steps to obtain the necessary lien releases before making
464 payments to your contractor. If you receive anything that you do
465 not understand, seek the assistance of an experienced
466 construction law attorney.
467
468 STEP 3 — OBTAIN SIGNED LIEN WAIVERS EACH TIME YOU MAKE A
469 PAYMENT TO YOUR CONTRACTOR.—Each time you pay your contractor
470 you should obtain a Waiver and Release of Lien form from the
471 contractor and from anyone who serves you with a Notice to
472 Owner. Make sure that each release waives lien rights against
473 your project for work or materials furnished through the date of
474 the work or materials that your payment covers. This date is
475 probably not the date you are making the payment, but a date
476 before the payment date through which labor and materials have
477 been billed.
478
479 UNDER FLORIDA LAW, YOU HAVE THE RIGHT TO WITHHOLD PAYMENTS
480 DUE TO THE CONTRACTOR UNTIL YOU HAVE BEEN PROVIDED WITH A
481 WRITTEN WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT FORM OR
482 A WRITTEN WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT FORM
483 SHOWING THAT THE LIENOR’S CLAIM FOR PAYMENT HAS BEEN PAID.
484
485 There are two statutory Waiver and Release of Lien forms.
486 The signed Waiver and Release of Lien Upon Progress Payment
487 should be submitted by a contractor, subcontractor, or material
488 supplier each time you make a payment to your contractor. The
489 signed Waiver and Release of Lien Upon Final Payment should be
490 submitted by your contractor, a subcontractor, or material
491 supplier when they are finished furnishing all work or materials
492 for your project and have received final payment. For example,
493 when the plumber finishes all plumbing on your project and
494 receives final payment from the contractor, you should obtain a
495 Waiver and Release of Lien Upon Final Payment. Once you receive
496 a final waiver from a contractor, subcontractor, or material
497 supplier, you should not need another waiver unless they are
498 hired to do additional work. A copy of both statutory Waiver and
499 Release of Lien forms, s. 713.20, F.S., are attached to this
500 document.
501
502 STEP 4 — OBTAIN A CONTRACTOR’S FINAL PAYMENT AFFIDAVIT
503 BEFORE YOU MAKE FINAL PAYMENT TO YOUR CONTRACTOR.—In addition to
504 obtaining Final Waiver and Release of Lien forms from the
505 contractor and anyone who has served you with a Notice to Owner,
506 you should obtain a Contractor’s Final Payment Affidavit before
507 you make final payment to your contractor. This sworn affidavit
508 should reflect that everyone who supplied labor and materials on
509 your project has been paid in full or should list those
510 subcontractors and suppliers who are still owed money. Make sure
511 that anyone listed as not being paid in full is paid before
512 making final payment to your contractor. You have a right to
513 rely on the information contained in the sworn affidavit when
514 you make final payment to your contractor with respect to any
515 lienor who has not served a Notice to Owner. A copy of the
516 statutory Contractor’s Final Payment Affidavit form, s. 713.06,
517 F.S., is attached to this document.
518
519 IF YOU FOLLOW THESE FOUR SIMPLE STEPS, FLORIDA LAW WILL
520 PROTECT YOU AND YOU SHOULD NEVER HAVE TO PAY TWICE FOR THE SAME
521 LABOR OR MATERIALS.
522
523 ADDITIONAL INFORMATION FOR YOUR PROTECTION
524
525 1. Always hire a Florida-licensed contractor. You can
526 verify the license status of your contractor by accessing the
527 website of the Department of Business and Professional
528 Regulation at www.myflorida.com/dbpr and performing a licensee
529 search. You can check under an individual name or, if your
530 contractor is a company, under the business name and then check
531 to see who the qualifying licensee is for that company.
532
533 2. Make sure that your contractor has the proper workers’
534 compensation coverage, or an allowed workers’ compensation
535 exemption, and carries sufficient builder’s risk or commercial
536 liability insurance. The contractor should be able to provide
537 you with current, valid certificates of insurance from his or
538 her insurance agent.
539
540 3. Use caution before accepting an obviously low bid. If it
541 seems too good to be true, it probably is, and your construction
542 project may be in trouble before you even begin.
543
544 4. Some contractors require a reasonable deposit to cover
545 the cost of plans and permitting. This is an acceptable
546 practice. However, you should use caution before paying
547 substantial sums to a contractor in advance of the work being
548 performed.
549
550 5. At any time during the construction process if you need
551 contract or payment information from anyone providing labor,
552 services, or materials to your project, you have the right to
553 make a written request to them for a Sworn Statement of Account
554 to ascertain the nature of the work performed or to be
555 performed, the materials furnished or to be furnished, the
556 amounts paid or to be paid, or the amounts due or to become due
557 to them. The form for this written Request for Sworn Statement
558 of Account is attached to this statement. If you received a
559 Notice to Owner from the person to whom you wish to send such a
560 request, make sure you address the request to the person,
561 company, and address listed in the Notice to Owner. The request
562 must be served by you in accordance with lien law provisions
563 (usually by hand delivery, certified mail, or overnight
564 delivery) and you should make sure to request and keep the proof
565 of delivery.
566
567 6. If you receive documents or information that you do not
568 understand, consult an experienced construction law attorney.
569
570 7. Florida has a Homeowners’ Construction Recovery Fund
571 that is funded through a portion of the building permit fees.
572 This fund helps consumers who have been harmed by a licensed
573 contractor. In order to be eligible to recover from this fund,
574 you must have complied with the proper payment procedures as
575 described in this document. For more information, contact the
576 Construction Industry Licensing Board at
577 www.myflorida.com/dbpr/pro/cilb.
578
579 8. You have the right to require that a contractor furnish
580 a payment bond so that the owner is exempt from the Construction
581 Lien Law. If there is a payment bond, a lienor must file a claim
582 on the payment bond for payment rather than file a lien on the
583 property. However, if you require a payment bond, understand
584 that the payment bond will likely increase the cost of your
585 construction.
586
587 OWNER’S ACKNOWLEDGMENT AND RECEIPT
588
589 The undersigned owner(s) of Florida real property hereby
590 acknowledge that they are preparing to enter into a contract
591 with _____________________________________________for the
592 construction of real property improvements to the following
593 described property (insert address or legal description):
594 _________________________________________
595
596 _________________________________________
597
598 ...(Signature of Property Owner)......(Date)...
599
600 ...(Signature of Property Owner)......(Date)...
601
602 Attached Statutory Forms:
603 Notice of Commencement
604 Waiver and Release of Lien Upon Progress Payment
605 Waiver and Release of Lien Upon Final Payment
606 Request for Sworn Statement of Account
607 Contractor’s Final Payment Affidavit
608 (2)(a) If the contract is written, the notice must be in
609 the contract document. If the contract is oral or implied, the
610 notice must be provided in a document referencing the contract.
611 (3)(b) The failure to provide such written notice does not
612 bar the enforcement of a lien against a person who has not been
613 adversely affected.
614 (4)(c) This section may not be construed to adversely
615 affect the lien and bond rights of lienors who are not in
616 privity with the owner. This section does not apply when the
617 owner is a contractor licensed under chapter 489 or is a person
618 who created parcels or offers parcels for sale or lease in the
619 ordinary course of business.
620 Section 7. Paragraph (c) of subsection (2) of section
621 713.06, Florida Statutes, is amended to read:
622 713.06 Liens of persons not in privity; proper payments.—
623 (2)
624 (c) The notice may be in substantially the following form
625 and must include the information and the warning contained in
626 the following form:
627
628 WARNING! FLORIDA’S CONSTRUCTION LIEN LAW ALLOWS SOME
629 UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL
630 SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF
631 YOU HAVE MADE PAYMENT IN FULL.
632 UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID
633 MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING
634 TWICE.
635 TO PROTECT YOURSELF, EACH TIME YOU MAKE A PAYMENT TO THE
636 CONTRACTOR ASK YOUR CONTRACTOR TO PROVIDE YOU WITH A WRITTEN
637 WAIVER AND RELEASE OF LIEN FROM US. FOR ADDITIONAL INFORMATION,
638 REFER TO THE GENERAL STATEMENT OF OWNER’S RIGHTS AND
639 RESPONSIBILITIES WHICH WAS PROVIDED TO YOU BY OUR CONTRACTOR AT
640 THE BEGINNING OF YOUR CONSTRUCTION PROJECT. AVOID A LIEN AND
641 PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY
642 TIME YOU PAY YOUR CONTRACTOR.
643 NOTICE TO OWNER
644
645 To ...(Owner’s name and address)...
646
647 The undersigned hereby informs you that he or she has furnished
648 or is furnishing services or materials as follows:
649 ...(General description of services or materials)... for the
650 improvement of the real property identified as ...(property
651 description)... under an order given by.............
652 Florida law prescribes the serving of this notice and restricts
653 your right to make payments under your contract in accordance
654 with Section 713.06, Florida Statutes.
655 IMPORTANT INFORMATION FOR
656 YOUR PROTECTION
657
658 Under Florida’s laws, those who work on your property or
659 provide materials and are not paid have a right to enforce their
660 claim for payment against your property. This claim is known as
661 a construction lien.
662 If your contractor fails to pay subcontractors or material
663 suppliers or neglects to make other legally required payments,
664 the people who are owed money may look to your property for
665 payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.
666 PROTECT YOURSELF:
667 —RECOGNIZE that this Notice to Owner may result in a lien
668 against your property unless all those supplying a Notice to
669 Owner have been paid.
670 —LEARN more about the Construction Lien Law, Chapter 713,
671 Part I, Florida Statutes, and the meaning of this notice by
672 contacting an attorney or the Florida Department of Business and
673 Professional Regulation.
674 ...(Lienor’s Signature)...
675 ...(Lienor’s Name)...
676 ...(Lienor’s Address)...
677
678 Copies to: ...(Those persons listed in Section 713.06(2)(a) and
679 (b), Florida Statutes)...
680 The form may be combined with a notice to contractor given under
681 s. 255.05 or s. 713.23 and, if so, may be entitled “NOTICE TO
682 OWNER/NOTICE TO CONTRACTOR.”
683 Section 8. Section 713.09, Florida Statutes, is amended to
684 read:
685 713.09 Single claim of lien.—A lienor may is required to
686 record only one claim of lien covering his or her entire demand
687 against the real property when the amount demanded is for labor
688 or services or material furnished for more than one improvement
689 under the same direct contract. The single claim of lien is
690 sufficient even though the improvement is for one or more
691 improvements located on separate lots, parcels, units, or tracts
692 of land. If materials to be used on one or more improvements on
693 separate lots, parcels, units, or tracts of land under one
694 direct contract are delivered by a lienor to a place designated
695 by the person with whom the materialman contracted, other than
696 the site of the improvement, the delivery to the place
697 designated is prima facie evidence of delivery to the site of
698 the improvement and incorporation in the improvement. The single
699 claim of lien may be limited to a part of multiple lots,
700 parcels, or tracts of land and their improvements or may cover
701 all of the lots, parcels, units, or tracts of land and
702 improvements. In each claim of lien under this section, the
703 owner under the direct contract must be the same person for all
704 lots, parcels, or tracts of land against which a single claim of
705 lien is recorded.
706 Section 9. Section 713.13, Florida Statutes, is amended to
707 read:
708 713.13 Notice of commencement.—
709 (1)(a) Except for an improvement that is exempt pursuant to
710 s. 713.02(5), an owner or the owner’s authorized agent before
711 actually commencing to improve any real property, or
712 recommencing completion of any improvement after default or
713 abandonment, whether or not a project has a payment bond
714 complying with s. 713.23, shall record a notice of commencement
715 in the clerk’s office and forthwith post either a certified copy
716 thereof or a notarized statement that the notice of commencement
717 has been filed for recording along with a copy thereof. The
718 notice of commencement shall contain the following information:
719 1. A description sufficient for identification of the real
720 property to be improved. The description should include the
721 legal description of the property and also should include the
722 street address and tax folio number of the property if available
723 or, if there is no street address available, such additional
724 information as will describe the physical location of the real
725 property to be improved.
726 2. A general description of the improvement.
727 3. The name and address of the owner, the owner’s interest
728 in the site of the improvement, and the name and address of the
729 fee simple titleholder, if other than such owner.
730 4. The name and address of the contractor.
731 5. The name and address of the surety on the payment bond
732 under s. 713.23, if any, and the amount of such bond.
733 6. The name and address of any person making a loan for the
734 construction of the improvements.
735 7. The name and address within the state of a person other
736 than himself or herself who may be designated by the owner as
737 the person upon whom notices or other documents may be served
738 under this part; and service upon the person so designated
739 constitutes service upon the owner.
740 (b) The owner, at his or her option, may designate a person
741 in addition to himself or herself to receive a copy of the
742 lienor’s notice as provided in s. 713.06(2)(b), and if he or she
743 does so, the name and address of such person must be included in
744 the notice of commencement.
745 (c) A notice of commencement expires:
746 1. Ninety days after the day of the final furnishing of all
747 labor, services, and materials required by the direct contract,
748 including any change orders; or
749 2. On the effective date of a notice of termination that
750 has been served and recorded. If the contract between the owner
751 and a contractor named in the notice of commencement expresses a
752 period of time for completion for the construction of the
753 improvement greater than 1 year, the notice of commencement must
754 state that it is effective for a period of 1 year plus any
755 additional period of time. Any payments made by the owner after
756 the expiration of the notice of commencement are considered
757 improper payments.
758 (d) A notice of commencement must be in substantially the
759 following form:
760 Permit No..... Tax Folio No.....
761 NOTICE OF COMMENCEMENT
762 State of....
763 County of....
764 The undersigned hereby gives notice that improvement will be
765 made to certain real property, and in accordance with Chapter
766 713, Florida Statutes, the following information is provided in
767 this Notice of Commencement.
768 1. Description of property: ...(legal description of the
769 property, and street address if available)....
770 2. General description of improvement:.....
771 3. Owner information:.....
772 a. Name and address:.....
773 b. Interest in property:.....
774 c. Name and address of fee simple titleholder (if other
775 than Owner):.....
776 4.a. Contractor: ...(name and address)....
777 b. Contractor’s phone number:.....
778 5. Surety (a copy of the payment bond is attached, if the
779 project is bonded)
780 a. Name and address:.....
781 b. Phone number:.....
782 c. Amount of bond: $.....
783 6.a. Lender: ...(name and address)....
784 b. Lender’s phone number:.....
785 7.a. Persons within the State of Florida designated by
786 Owner upon whom notices or other documents may be served as
787 provided by Section 713.13(1)(a)7., Florida Statutes: ...(name
788 and address)....
789 b. Phone numbers of designated persons:.....
790 8.a. In addition to himself or herself, Owner designates
791 ............ of ............ to receive a copy of the Lienor’s
792 Notice as provided in Section 713.13(1)(b), Florida Statutes.
793 b. Phone number of person or entity designated by
794 owner:.....
795 9. This notice of commencement expires 90 days after the
796 day of the final furnishing of all labor, services, and
797 materials required by the direct contract, including any change
798 orders, or on the effective date of a notice of termination.
799 Expiration date of notice of commencement (the expiration date
800 is 1 year from the date of recording unless a different date is
801 specified).....
802
803 WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
804 EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
805 PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
806 STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
807 TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
808 POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
809 INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
810 ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
811 COMMENCEMENT.
812
813 Under penalty of perjury, I declare that I have read the
814 foregoing notice of commencement and that the facts stated
815 therein are true to the best of my knowledge and belief.
816
817 ...(Signature of Owner or Owner’s Authorized
818 Officer/Director/Partner/Manager)...
819 ...(Signatory’s Title/Office)...
820 The foregoing instrument was acknowledged before me this ....
821 day of ...., ...(year)..., by ...(name of person)... as ...(type
822 of authority,...e.g. officer, trustee, attorney in fact)... for
823 ...(name of party on behalf of whom instrument was executed)....
824 ...(Signature of Notary Public - State of Florida)...
825 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
826 Personally Known .... OR Produced Identification ....
827 Type of Identification Produced............
828 Verification pursuant to Section 92.525, Florida Statutes.
829 Under penalties of perjury, I declare that I have read the
830 foregoing and that the facts stated in it are true to the best
831 of my knowledge and belief.
832 ...(Signature of Natural Person Signing Above)...
833 (e) A copy of any payment bond must be attached at the time
834 of recordation of the notice of commencement. The failure to
835 attach a copy of the bond to the notice of commencement when the
836 notice is recorded negates the exemption provided in s.
837 713.02(6). However, if a payment bond under s. 713.23 exists but
838 was not attached at the time of recordation of the notice of
839 commencement, the bond may be used to transfer any recorded lien
840 of a lienor except that of the contractor by the recordation and
841 service of a notice of bond pursuant to s. 713.23(2). The notice
842 requirements of s. 713.23 apply to any claim against the bond;
843 however, the time limits for serving any required notices shall
844 begin running from the later of the time specified in s. 713.23
845 or the date the notice of bond is served on the lienor.
846 (f) The giving of a notice of commencement is effective
847 upon the filing of the notice in the clerk’s office.
848 (g) The owner must sign the notice of commencement and no
849 one else may be permitted to sign in his or her stead.
850 (2) If the improvement described in the notice of
851 commencement is not actually commenced within 90 days after the
852 recording thereof, such notice is void and of no further effect.
853 (2)(3) The recording of a notice of commencement does not
854 constitute a lien, cloud, or encumbrance on real property, but
855 gives constructive notice that claims of lien under this part
856 may be recorded and may take priority as provided in s. 713.07.
857 The posting of a copy does not constitute a lien, cloud, or
858 encumbrance on real property, nor actual or constructive notice
859 of any of them.
860 (3)(4) This section does not apply to an owner who is
861 constructing improvements described in s. 713.04.
862 (4)(5)(a) A notice of commencement that is recorded within
863 the effective period may be amended to extend the effective
864 period, change erroneous information in the original notice, or
865 add information that was omitted from the original notice.
866 However, in order to change contractors, a new notice of
867 commencement or notice of recommencement must be executed and
868 recorded.
869 (b) The amended notice must identify the official records
870 book and page where the original notice of commencement is
871 recorded, and a copy of the amended notice must be served by the
872 owner upon the contractor and each lienor who serves notice
873 before or within 30 days after the date the amended notice is
874 recorded.
875 (5)(6) Unless otherwise provided in the notice of
876 commencement or a new or amended notice of commencement, A
877 notice of commencement is not effectual in law or equity against
878 a conveyance, transfer, or mortgage of or lien on the real
879 property described in the notice, or against creditors or
880 subsequent purchasers for a valuable consideration, after the
881 expiration of 1 year after the date of recording the notice of
882 commencement.
883 (6)(7) A lender must, prior to the disbursement of any
884 construction funds to the contractor, record the notice of
885 commencement in the clerk’s office as required by this section;
886 however, the lender is not required to post a certified copy of
887 the notice at the construction site. The posting of the notice
888 at the construction site remains the owner’s obligation. The
889 failure of a lender to record the notice of commencement as
890 required by this subsection renders the lender liable to the
891 owner for all damages sustained by the owner as a result of the
892 failure. Whenever a lender is required to record a notice of
893 commencement, the lender shall designate the lender, in addition
894 to others, to receive copies of notices to owner. This
895 subsection does not give any person other than the owner a claim
896 or right of action against a lender for failure to record a
897 notice of commencement.
898 Section 10. Section 713.135, Florida Statutes, is amended
899 to read:
900 713.135 Notice of commencement and applicability of lien.—
901 (1) When any person applies for a building permit, the
902 authority issuing such permit shall:
903 (a) Require the applicant to submit the signed and dated
904 general statement of an owner’s rights and responsibilities
905 under Florida’s Construction Lien Law provided in s. 713.015 for
906 any single-family or multifamily dwelling up to and including
907 four units. A building permit application may not be processed
908 unless the signed document is in the file.
909 (b)(a) Print on the face of each permit card in no less
910 than 14-point, capitalized, boldfaced type: “WARNING TO OWNER:
911 IF YOU FAIL YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT, YOU
912 MAY PAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR
913 PROPERTY. A NOTICE OF COMMENCEMENT, AND THE CONTRACTOR’S PAYMENT
914 BOND IF THE PROJECT IS BONDED, MUST BE RECORDED AND POSTED ON
915 THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO
916 OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
917 RECORDING YOUR NOTICE OF COMMENCEMENT.”
918 (c)(b) Make available to Provide the applicant and the
919 owner of the real property upon which improvements are to be
920 constructed copies of the general statement of an owner’s rights
921 and responsibilities under Florida’s with a printed statement
922 stating that the right, title, and interest of the person who
923 has contracted for the improvement may be subject to attachment
924 under the Construction Lien Law as described in s. 713.015 with
925 the attached statutory forms. The issuing authority may make the
926 general statement and forms available in printed form, on the
927 Internet, or both. The Department of Business and Professional
928 Regulation shall furnish, for distribution, the statement
929 described in this paragraph, and the statement must be a summary
930 of the Construction Lien Law and must include an explanation of
931 the provisions of the Construction Lien Law relating to the
932 recording, and the posting of copies, of notices of commencement
933 and a statement encouraging the owner to record a notice of
934 commencement and post a copy of the notice of commencement in
935 accordance with s. 713.13. The statement must also contain an
936 explanation of the owner’s rights if a lienor fails to furnish
937 the owner with a notice as provided in s. 713.06(2) and an
938 explanation of the owner’s rights as provided in s. 713.22. The
939 authority that issues the building permit must obtain from the
940 Department of Business and Professional Regulation the statement
941 required by this paragraph and must mail, deliver by electronic
942 mail or other electronic format or facsimile, or personally
943 deliver that statement to the owner or, in a case in which the
944 owner is required to personally appear to obtain the permit,
945 provide that statement to any owner making improvements to real
946 property consisting of a single or multiple family dwelling up
947 to and including four units. However, the failure by the
948 authorities to provide the summary does not subject the issuing
949 authority to liability.
950 (c) In addition to providing the owner with the statement
951 as required by paragraph (b), inform each applicant who is not
952 the person whose right, title, and interest is subject to
953 attachment that, as a condition to the issuance of a building
954 permit, the applicant must promise in good faith that the
955 statement will be delivered to the person whose property is
956 subject to attachment.
957 (d) Furnish to the applicant two or more copies of a form
958 of notice of commencement conforming with s. 713.13. If the
959 direct contract is greater than $2,500, the applicant shall file
960 with the issuing authority prior to the first inspection either
961 a certified copy of the recorded notice of commencement or a
962 notarized statement that the notice of commencement has been
963 filed for recording, along with a copy thereof. In the absence
964 of the filing of a certified copy of the recorded notice of
965 commencement, the issuing authority or a private provider
966 performing inspection services may not perform or approve
967 subsequent inspections until the applicant files by mail,
968 facsimile, hand delivery, or any other means such certified copy
969 with the issuing authority. The certified copy of the notice of
970 commencement must contain the name and address of the owner, the
971 name and address of the contractor, and the location or address
972 of the property being improved. The issuing authority shall
973 (d) Verify that the name and address of the owner, the name
974 of the contractor, and the location or address of the property
975 being improved which is contained in the certified copy of the
976 notice of commencement is consistent with the information in the
977 building permit application.
978 (e) Provide the recording information from the official
979 public records in which the notice of commencement and payment
980 bond, if any, are recorded to any person upon request. The
981 issuing authority shall provide the recording information on the
982 certified copy of the recorded notice of commencement to any
983 person upon request. This subsection does not require the
984 recording of a notice of commencement prior to the issuance of a
985 building permit. If a local government requires a separate
986 permit or inspection for installation of temporary electrical
987 service or other temporary utility service, land clearing, or
988 other preliminary site work, such permits may be issued and such
989 inspections may be conducted without providing the issuing
990 authority with a certified copy of a recorded notice of
991 commencement or a notarized statement regarding a recorded
992 notice of commencement. This subsection does not apply to a
993 direct contract to repair or replace an existing heating or air
994 conditioning system in an amount less than $7,500.
995 (f)(e) Not require that a notice of commencement be
996 recorded as a condition of the application for, or processing or
997 issuance of, a building permit. However, this paragraph does not
998 modify or waive the inspection requirements set forth in this
999 subsection.
1000 (2) An issuing authority under subsection (1) is not liable
1001 in any civil action for the failure of the person whose property
1002 is subject to attachment to receive or to be delivered the
1003 general statement of an owner’s rights and responsibilities
1004 under Florida’s a printed statement stating that the right,
1005 title, and interest of the person who has contracted for the
1006 improvement may be subject to attachment under the Construction
1007 Lien Law as provided in s. 713.015.
1008 (3) An issuing authority under subsection (1) is not liable
1009 in any civil action for the failure to verify that a certified
1010 copy of the recorded notice of commencement has been filed in
1011 accordance with this section.
1012 (4) The several boards of county commissioners, municipal
1013 councils, or other similar bodies may by ordinance or resolution
1014 establish reasonable fees for furnishing, upon request, copies
1015 of the forms and the printed statement provided in paragraph
1016 (1)(a) paragraphs (1)(b) and (d) in an amount not to exceed $5
1017 to be paid by the applicant for each permit in addition to all
1018 other costs of the permit; however, no forms or statement need
1019 be furnished, mailed, or otherwise provided to, nor may such
1020 additional fee be obtained from, applicants for permits in those
1021 cases in which the owner of a legal or equitable interest
1022 (including that of ownership of stock of a corporate landowner)
1023 of the real property to be improved is engaged in the business
1024 of construction of buildings for sale to others and intends to
1025 make the improvements authorized by the permit on the property
1026 and upon completion will offer the improved real property for
1027 sale.
1028 (5) In addition to any other information required by the
1029 authority issuing the permit, each building permit application
1030 must contain:
1031 (a) The name and address of the owner of the real property;
1032 (b) The name and address of the contractor;
1033 (c) A description sufficient to identify the real property
1034 to be improved; and
1035 (d) The number or identifying symbol assigned to the
1036 building permit by the issuing authority, which number or symbol
1037 must be affixed to the application by the issuing authority.
1038 (6)(a) In addition to any other information required by the
1039 authority issuing the permit, the building permit application
1040 must be in substantially the following form:
1041
1042 Tax Folio No.__________
1043 BUILDING PERMIT APPLICATION
1044
1045 Owner’s Name
1046 Owner’s Address
1047 Fee Simple Titleholder’s Name (If other than owner)
1048 Fee Simple Titleholder’s Address (If other than owner)
1049 City
1050 State_______________ Zip_______________
1051 Contractor’s Name
1052 Contractor’s Address
1053 City
1054 State_______________ Zip_______________
1055 Job Name
1056 Job Address
1057 City____________________ County_______________
1058 Legal Description
1059 Bonding Company
1060 Bonding Company Address
1061 City____________________ State_______________
1062 Architect/Engineer’s Name
1063 Architect/Engineer’s Address
1064 Mortgage Lender’s Name
1065 Mortgage Lender’s Address
1066
1067 Application is hereby made to obtain a permit to do the
1068 work and installations as indicated. I certify that no work or
1069 installation has commenced prior to the issuance of a permit and
1070 that all work will be performed to meet the standards of all
1071 laws regulating construction in this jurisdiction. I understand
1072 that a separate permit must be secured for ELECTRICAL WORK,
1073 PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
1074 TANKS, and AIR CONDITIONERS, etc.
1075
1076 OWNER’S AFFIDAVIT: I certify that all the foregoing
1077 information is accurate and that all work will be done in
1078 compliance with all applicable laws regulating construction and
1079 zoning.
1080
1081 WARNING TO OWNER: IF YOU FAIL YOUR FAILURE TO RECORD A
1082 NOTICE OF COMMENCEMENT, YOU MAY PAY RESULT IN YOUR PAYING TWICE
1083 FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT, AND
1084 THE CONTRACTOR’S PAYMENT BOND IF THE PROJECT IS BONDED, MUST BE
1085 RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.
1086
1087 IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER
1088 OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE
1089 OF COMMENCEMENT.
1090
1091 (Signature of Owner or Agent)
1092
1093 (including contractor)
1094 STATE OF FLORIDA
1095 COUNTY OF _____
1096
1097 Sworn to (or affirmed) and subscribed before me this _____
1098 day of _____, (year), by (name of person making statement).
1099
1100 (Signature of Notary Public - State of Florida)
1101 (Print, Type, or Stamp Commissioned Name of Notary Public)
1102
1103 Personally Known _____ OR Produced Identification _____
1104
1105 Type of Identification Produced_______________
1106 (Signature of Contractor)
1107
1108 STATE OF FLORIDA
1109 COUNTY OF _____
1110
1111 Sworn to (or affirmed) and subscribed before me this _____
1112 day of _____, (year), by (name of person making statement).
1113 (Signature of Notary Public - State of Florida)
1114 (Print, Type, or Stamp Commissioned Name of Notary Public)
1115
1116 Personally Known _____ OR Produced Identification _____
1117
1118 Type of Identification Produced_______________
1119
1120 (Certificate of Competency Holder)
1121
1122 Contractor’s State Certification or Registration No._____
1123
1124 Contractor’s Certificate of Competency No.__________
1125
1126 APPLICATION APPROVED BY
1127 ____________________Permit Officer
1128 (b) Consistent with the requirements of paragraph (a), an
1129 authority responsible for issuing building permits under this
1130 section may accept a building permit application in an
1131 electronic format, as prescribed by the authority. Building
1132 permit applications submitted to the authority electronically
1133 must contain the following additional statement in lieu of the
1134 requirement in paragraph (a) that a signed, sworn, and notarized
1135 signature of the owner or agent and the contractor be part of
1136 the owner’s affidavit:
1137
1138 OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
1139 perjury, I declare that all the information contained in this
1140 building permit application is true and correct.
1141 (c) An authority responsible for issuing building permit
1142 applications which accepts building permit applications in an
1143 electronic format shall provide public Internet access to the
1144 electronic building permit applications in a searchable format.
1145 (7) This section applies to every municipality and county
1146 in the state which now has or hereafter may have a system of
1147 issuing building permits for the construction of improvements or
1148 for the alteration or repair of improvements on or to real
1149 property located within the geographic limits of the issuing
1150 authority.
1151 Section 11. Section 713.137, Florida Statutes, is created
1152 to read:
1153 713.137 Prerequisites to inspection of improvements;
1154 exceptions.—
1155 (1) The authority issuing a building permit or a private
1156 provider providing inspection services may not inspect the real
1157 property being improved unless:
1158 (a) The following documents have been filed with the
1159 issuing authority:
1160 1.a. A certified copy of the recorded notice of
1161 commencement; or
1162 b. A notarized statement that the notice of commencement
1163 has been filed for recording, along with a copy of the notice.
1164 2.a. A copy of the contractor’s recorded payment bond; or
1165 b. A notarized statement of the contractor or owner stating
1166 that a payment bond was not required.
1167 3. A signed copy of the general statement of owner’s rights
1168 and responsibilities under Florida’s Construction Lien Law, if
1169 required by s. 713.015.
1170 (b) The information in the notice of commencement filed
1171 with the issuing authority is consistent with the building
1172 permit application, complete, and legible.
1173 (2) This section does not apply to inspections of the
1174 following improvements:
1175 (a) The installation of temporary electrical service or
1176 other temporary utility service, land clearing, or other
1177 preliminary site work.
1178 (b) Improvements pursuant to a direct contract in an amount
1179 of $5,000 or less.
1180 (c) The repair or replacement of a heating or air
1181 conditioning system pursuant to a direct contract in an amount
1182 of $7,500 or less.
1183 (d) The installation of a solar hot water system pursuant
1184 to a direct contract of $7,500 or less.
1185 Section 12. Section 713.16, Florida Statutes, is amended to
1186 read:
1187 713.16 Demand for copy of contract and statements of
1188 account; form.
1189 (1) A copy of the contract of a lienor or owner and a
1190 statement of the amount due or to become due if fixed or
1191 ascertainable thereon must be furnished by any party thereto,
1192 upon written demand of an owner or a lienor contracting with or
1193 employed by the other party to such contract. If the owner or
1194 lienor refuses or neglects to furnish such copy of the contract
1195 or such statement, or willfully and falsely states the amount
1196 due or to become due if fixed or ascertainable under such
1197 contract, any person who suffers any detriment thereby has a
1198 cause of action against the person refusing or neglecting to
1199 furnish the same or willfully and falsely stating the amount due
1200 or to become due for his or her damages sustained thereby. The
1201 information contained in such copy or statement furnished
1202 pursuant to such written demand is binding upon the owner or
1203 lienor furnishing it unless actual notice of any modification is
1204 given to the person demanding the copy or statement before such
1205 person acts in good faith in reliance on it. The person
1206 demanding such documents must pay for the reproduction thereof;
1207 and, if such person fails or refuses to do so, he or she is
1208 entitled only to inspect such documents at reasonable times and
1209 places.
1210 (2) The owner may serve in writing a demand of any lienor
1211 for a written statement under oath of his or her account showing
1212 the nature of the labor or services performed and to be
1213 performed, if any, the materials furnished, the materials to be
1214 furnished, if known, the amount paid on account to date, the
1215 amount due, and the amount to become due, if known, as of the
1216 date of the statement by the lienor. Any such demand to a lienor
1217 must be served on the lienor at the address and to the attention
1218 of any person who is designated to receive the demand in the
1219 notice to owner served by such lienor and must include a
1220 description of the project, including the names of the owner,
1221 the contractor, and the lienor’s customer, sufficient for the
1222 lienor to properly identify the account in question. The failure
1223 or refusal to furnish the statement does not deprive the lienor
1224 of his or her lien if the demand is not served at the address of
1225 the lienor or directed to the attention of the person designated
1226 to receive the demand in the notice to owner. The failure or
1227 refusal to furnish the statement under oath within 30 days after
1228 the demand, or the furnishing of a false or fraudulent
1229 statement, deprives the person so failing or refusing to furnish
1230 such statement of his or her lien. If the owner serves more than
1231 one demand for statement of account on a lienor and none of the
1232 information regarding the account has changed since the lienor’s
1233 last response to a demand, the failure or refusal to furnish
1234 such statement does not deprive the lienor of his or her lien.
1235 The negligent inclusion or omission of any information deprives
1236 the person of his or her lien to the extent the owner can
1237 demonstrate prejudice from such act or omission by the lienor.
1238 The failure to furnish a response to a demand for statement of
1239 account does not affect the validity of any claim of lien being
1240 enforced through a foreclosure case filed prior to the date the
1241 demand for statement is received by the lienor.
1242 (3) A request for sworn statement of account must be in
1243 substantially the following form:
1244
1245 REQUEST FOR SWORN STATEMENT OF ACCOUNT
1246
1247 WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT,
1248 SIGNED UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE
1249 STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN.
1250
1251 To: (Lienor’s name and address)
1252
1253 The undersigned hereby demands a written statement under
1254 oath of his or her account showing the nature of the labor or
1255 services performed and to be performed, if any, the materials
1256 furnished, the materials to be furnished, if known, the amount
1257 paid on account to date, the amount due, and the amount to
1258 become due, if known, as of the date of the statement for the
1259 improvement of real property identified as (property
1260 description).
1261 Name of contractor:
1262 Name of the lienor’s customer (as specified in the lienor’s
1263 Notice to Owner, if such notice has been served):
1264 (signature and address of owner)
1265 (date of request for sworn statement of account)
1266 (4) When a contractor has furnished a payment bond pursuant
1267 to s. 713.23, he or she may, when an owner makes any payment to
1268 the contractor or directly to a lienor, serve a written demand
1269 on any other lienor for a written statement under oath of his or
1270 her account showing the nature of the labor or services
1271 performed and to be performed, if any, the materials furnished,
1272 the materials to be furnished, if known, the amount paid on
1273 account to date, the amount due, and the amount to become due,
1274 if known, as of the date of the statement by the lienor. Any
1275 such demand to a lienor must be served on the lienor at the
1276 address and to the attention of any person who is designated to
1277 receive the demand in the notice to contractor served by such
1278 lienor. The failure or refusal to furnish the statement does not
1279 deprive the lienor of his or her rights under the bond if the
1280 demand is not served at the address of the lienor or directed to
1281 the attention of the person designated to receive the demand in
1282 the notice to contractor and does not include a description of
1283 the project, including the names of the owner, the contractor,
1284 and the lienor’s customer as set forth in the lienor’s notice to
1285 contractor, sufficient for the lienor to properly identify the
1286 account in question. The failure to furnish the statement within
1287 30 days after the demand, or the furnishing of a false or
1288 fraudulent statement, deprives the person who fails to furnish
1289 the statement, or who furnishes the false or fraudulent
1290 statement, of his or her rights under the bond. If the
1291 contractor serves more than one demand for statement of account
1292 on a lienor and none of the information regarding the account
1293 has changed since the lienor’s last response to a demand, the
1294 failure or refusal to furnish such statement does not deprive
1295 the lienor of his or her rights under the bond. The negligent
1296 inclusion or omission of any information deprives the person of
1297 his or her rights under the bond to the extent the contractor
1298 can demonstrate prejudice from such act or omission by the
1299 lienor. The failure to furnish a response to a demand for
1300 statement of account does not affect the validity of any claim
1301 on the bond being enforced in a lawsuit filed prior to the date
1302 the demand for statement of account is received by the lienor.
1303 (5)(a) Any lienor who submits or mails has recorded a claim
1304 of lien to the clerk for recording may make written demand on
1305 the owner for a written statement under oath showing:
1306 1. The amount of the direct contract under which the lien
1307 was recorded;
1308 2. The dates and amounts paid or to be paid by or on behalf
1309 of the owner for all improvements described in the direct
1310 contract;
1311 3. The reasonable estimated costs of completing the direct
1312 contract under which the lien was claimed pursuant to the scope
1313 of the direct contract; and
1314 4. If known, the actual cost of completion.
1315 (b) Any owner who does not provide the statement within 30
1316 days after demand, or who provides a false or fraudulent
1317 statement, is not a prevailing party for purposes of an award of
1318 attorney’s fees under s. 713.29. The written demand must include
1319 the following warning in conspicuous type in substantially the
1320 following form:
1321 WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT
1322 WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL
1323 RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY
1324 ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING
1325 THIS STATEMENT.
1326 (6) Any written demand served on the owner shall include a
1327 description of the project, including the names of the
1328 contractor and the lienor’s customer as set forth in the
1329 lienor’s notice to owner, sufficient for the owner to properly
1330 identify the project in question.
1331 (7)(6) For purposes of this section, the term “information”
1332 means the nature and quantity of the labor, services, and
1333 materials furnished or to be furnished by a lienor and the
1334 amount paid, the amount due, and the amount to become due on the
1335 lienor’s account.
1336 Section 13. Section 713.18, Florida Statutes, is amended to
1337 read:
1338 713.18 Manner of serving notices and other instruments.—
1339 (1) Service of notices, claims of lien, affidavits,
1340 assignments, and other instruments permitted or required under
1341 this part, or copies thereof when so permitted or required,
1342 unless otherwise specifically provided in this part, must be
1343 made by one of the following methods:
1344 (a) By actual delivery to the person to be served; if a
1345 partnership, to one of the partners; if a corporation, to an
1346 officer, director, managing agent, or business agent; or, if a
1347 limited liability company, to a member or manager.
1348 (b) By sending the same by common carrier delivery service
1349 or registered, global express guaranteed, or certified mail,
1350 with postage prepaid, and or by overnight or second-day delivery
1351 with evidence of delivery, which may be in an electronic format.
1352 (c) If the method specified in paragraph (a) or paragraph
1353 (b) cannot be accomplished, By posting on the site of the
1354 improvement if service as provided by paragraph (a) or paragraph
1355 (b) cannot be accomplished premises.
1356 (2) Notwithstanding subsection (1), service of if a notice
1357 to owner, a notice to contractor under s. 713.23, or a
1358 preliminary notice under s. 255.05 is mailed by registered or
1359 certified mail with postage prepaid to the person to be served
1360 at any of the addresses set forth in subsection (3) within 40
1361 days after the date the lienor first furnishes labor, services,
1362 or materials, service of that notice is effective as of the date
1363 of mailing if:
1364 (a) The notice is mailed by registered, global express
1365 guaranteed, or certified mail, with postage prepaid, to the
1366 person to be served at any of the addresses set forth in
1367 subsection (3);
1368 (b) The notice is mailed within 40 days after the date the
1369 lienor first furnishes labor, services, or materials; and
1370 (c)1. The person who served the notice maintains a
1371 registered or certified mail log that shows the registered or
1372 certified mail number issued by the United States Postal
1373 Service, the name and address of the person served, and the date
1374 stamp of the United States Postal Service confirming the date of
1375 mailing; or if
1376 2. The person who served the notice maintains electronic
1377 tracking records generated through use of the United States
1378 Postal Service Confirm service or a similar service containing
1379 the postal tracking number, the name and address of the person
1380 served, and verification of the date of receipt by the United
1381 States Postal Service.
1382 (3)(a) Service of If an instrument served pursuant to this
1383 section is effective on the date of mailing if the instrument:
1384 1. Was sent to the last address shown in the notice of
1385 commencement or any amendment thereto or, in the absence of a
1386 notice of commencement, to the last address shown in the
1387 building permit application, or to the last known address of the
1388 person to be served; and, is not received, but
1389 2. Is returned as being “refused,” “moved, not
1390 forwardable,” or “unclaimed,” or is otherwise not delivered or
1391 deliverable through no fault of the person serving the item,
1392 then service is effective on the date the instrument was sent.
1393 (b) If the address information shown in the notice of
1394 commencement or any amendment to the notice, or in the absence
1395 of a notice of commencement, in the building permit application,
1396 is incomplete for purposes of mailing or delivery, the person
1397 serving the item may complete the address and properly format it
1398 according to United States Postal Service addressing standards
1399 using information obtained from the property appraiser or
1400 another public record or directory without affecting the
1401 validity of service under this section.
1402 (4) A notice served by a lienor on one owner or one partner
1403 of a partnership owning the real property If the real property
1404 is owned by more than one person or a partnership, a lienor may
1405 serve any notices or other papers under this part on any one of
1406 such owners or partners, and such notice is deemed notice to all
1407 owners and partners.
1408 Section 14. Section 713.22, Florida Statutes, is amended to
1409 read:
1410 713.22 Duration of lien.—
1411 (1) A No lien provided by this part may not shall continue
1412 for a longer period than 1 year after the claim of lien has been
1413 recorded or 1 year after the recording of an amended claim of
1414 lien that shows a later date of final furnishing of labor,
1415 services, or materials, unless within that time an action to
1416 enforce the lien is commenced in a court of competent
1417 jurisdiction. A lien that has been continued beyond the 1-year
1418 period The continuation of the lien effected by the commencement
1419 of an the action is shall not enforceable be good against
1420 creditors or subsequent purchasers for a valuable consideration
1421 and without notice, unless a notice of lis pendens is recorded.
1422 (2) An owner or the owner’s agent or attorney may elect to
1423 shorten the time prescribed in subsection (1) within which to
1424 commence an action to enforce any claim of lien or claim against
1425 a bond or other security under s. 713.23 or s. 713.24 by
1426 recording in the clerk’s office a notice in substantially the
1427 following form:
1428
1429 NOTICE OF CONTEST OF LIEN
1430
1431 To: (Name and address of lienor)
1432 You are notified that the undersigned contests the claim of
1433 lien filed by you on _____, (year), and recorded in _____ Book
1434 _____, Page _____, of the public records of _____ County,
1435 Florida, and that the time within which you may file suit to
1436 enforce your lien is limited to 60 days from the date of service
1437 of this notice. This _____ day of _____, (year).
1438
1439 Signed: (Owner or Attorney)
1440
1441 The lien of any lienor upon whom such notice is served and
1442 who fails to institute a suit to enforce his or her lien within
1443 60 days after service of such notice shall be extinguished
1444 automatically. The clerk shall serve mail a copy of the notice
1445 of contest to the lien claimant at the address shown in the
1446 claim of lien or most recent amendment thereto and shall certify
1447 to such service on the face of such notice and record the
1448 notice. Service shall be deemed complete upon mailing.
1449 Section 15. Paragraph (e) of subsection (1) and subsections
1450 (2) and (4) of section 713.23, Florida Statutes, are amended to
1451 read:
1452 713.23 Payment bond.—
1453 (1)
1454 (e) An No action for the labor or materials or supplies may
1455 not be instituted or prosecuted against the contractor or surety
1456 unless both notices have been given. An No action may not shall
1457 be instituted or prosecuted against the contractor or against
1458 the surety on the bond under this section after 1 year from the
1459 performance of the labor or completion of delivery of the
1460 materials and supplies. The time period for bringing an action
1461 against the contractor or surety on the bond shall be measured
1462 from the last day of furnishing labor, services, or materials by
1463 the lienor. The time period may and shall not be measured by
1464 other standards, such as the issuance of a certificate of
1465 occupancy or the issuance of a certificate of substantial
1466 completion. A contractor or the contractor’s agent or attorney
1467 may elect to shorten the prescribed time within which an action
1468 to enforce any claim against a payment bond provided under this
1469 section or s. 713.245 must may be commenced at any time after a
1470 notice of nonpayment, if required, has been served for the claim
1471 by recording in the clerk’s office a notice in substantially the
1472 following form:
1473
1474 NOTICE OF CONTEST OF CLAIM
1475 AGAINST PAYMENT BOND
1476
1477 To: (Name and address of lienor)
1478 You are notified that the undersigned contests your notice
1479 of nonpayment, dated _____, _____, and served on the undersigned
1480 on _____, _____, and that the time within which you may file
1481 suit to enforce your claim is limited to 60 days from the date
1482 of service of this notice.
1483
1484 DATED on _____, _____.
1485
1486 Signed: (Contractor or Attorney)
1487
1488 The claim of any lienor upon whom the notice is served and
1489 who fails to institute a suit to enforce his or her claim
1490 against the payment bond within 60 days after service of the
1491 notice shall be extinguished automatically. The clerk shall
1492 serve mail a copy of the notice of contest to the lienor at the
1493 address shown in the notice of nonpayment or most recent
1494 amendment thereto and shall certify to such service on the face
1495 of the notice and record the notice. Service is complete upon
1496 mailing.
1497 (2) The bond shall secure every lien under the direct
1498 contract accruing subsequent to its execution and delivery,
1499 except that of the contractor. Every claim of lien, except that
1500 of the contractor, filed subsequent to execution and delivery of
1501 the bond shall be transferred to it with the same effect as
1502 liens transferred under s. 713.24. Record notice of the transfer
1503 shall be effected by the contractor, or any person having an
1504 interest in the property against which the claim of lien has
1505 been asserted, by recording in the clerk’s office a notice in
1506 substantially the following form:
1507
1508 NOTICE OF BOND
1509
1510 To (Name and Address of Lienor)
1511
1512 You are notified that the claim of lien filed by you on
1513 _____, _____, and recorded in Official Records Book _____ at
1514 page _____ of the public records of _____ County, Florida, is
1515 secured by a bond, a copy being attached.
1516
1517 Signed: (Name of person recording notice)
1518
1519 The notice shall be verified. The clerk shall mail a copy
1520 of the notice to the lienor at the address shown in the claim of
1521 lien, or the most recent amendment to it; shall certify to the
1522 service on the face of the notice; and shall record the notice.
1523 The clerk shall receive the same fee as prescribed in s. 713.24
1524 s. 713.24(1) for certifying to a transfer of lien.
1525 (4) The provisions of s. 713.24(7) s. 713.24(3) shall apply
1526 to bonds under this section.
1527 Section 16. Section 713.24, Florida Statutes, is amended to
1528 read:
1529 713.24 Transfer of liens to security.—
1530 (1) A Any lien claimed under this part may be transferred,
1531 by a any person having an interest in the real property upon
1532 which the lien is imposed or the contract under which the lien
1533 is claimed, from such real property to other security by either:
1534 (a) Depositing in the clerk’s office a sum of money;, or
1535 (b) Filing in the clerk’s office a bond executed as surety
1536 by a surety insurer licensed to do business in this state.,
1537 (2) The security must either to be in an amount equal: to
1538 (a) The amount demanded in the such claim of lien;, plus
1539 (b) Interest on the claim thereon at the legal rate for 3
1540 years, plus $1,000 or 25 percent of the amount demanded in the
1541 claim of lien, whichever is greater, to apply on any attorney’s
1542 fees and court costs that may be taxed in any proceeding to
1543 enforce the said lien.
1544 (3) The security Such deposit or bond shall be conditioned
1545 to pay any judgment or decree that which may be rendered for the
1546 satisfaction of the lien for which such claim of lien was
1547 recorded.
1548 (4) A Upon making such deposit or filing such bond, the
1549 clerk who receives other security for a lien:
1550 (a) Shall make and record a certificate showing the
1551 transfer of the lien from the real property to the security. The
1552 clerk and shall serve mail a copy of the certificate and a copy
1553 of the bond, if the lien was transferred to a bond, on thereof
1554 by registered or certified mail to the lienor named in the claim
1555 of lien so transferred, at the address stated in the claim
1556 therein. When Upon filing the certificate of transfer is
1557 recorded, the real property is shall thereupon be released from
1558 the lien claimed, and the such lien is shall be transferred to
1559 the other said security.
1560 (b) May collect a service charge of no more than $20 for
1561 making and serving the certificate. The clerk may collect an
1562 additional charge of no more than $10 for each additional lien
1563 transferred to the security. The clerk shall receive the
1564 statutory service charges as prescribed in s. 28.24 for
1565 recording the certificate and approving the bond.
1566 (5) In the absence of allegations of privity between the
1567 lienor and the owner, and subject to any order of the court
1568 increasing the amount required for the lien transfer deposit or
1569 bond, no other judgment or decree to pay money may be entered by
1570 the court against the owner. The clerk shall be entitled to a
1571 service charge for making and serving the certificate, in the
1572 amount of up to $20. If the transaction involves the transfer of
1573 multiple liens, an additional charge of up to $10 for each
1574 additional lien shall be charged. For recording the certificate
1575 and approving the bond, the clerk shall receive her or his usual
1576 statutory service charges as prescribed in s. 28.24. Any number
1577 of liens may be transferred to one such security.
1578 (6)(2) Any excess of the security over the aggregate amount
1579 of any judgments or decrees rendered plus costs actually taxed
1580 shall be repaid to the party filing the same or her or his
1581 successor in interest. Any deposit of money shall be considered
1582 as paid into court and is shall be subject to the provisions of
1583 law relative to payments of money into court and the disposition
1584 of same.
1585 (7)(3) Any party having an interest in such security or the
1586 property from which the lien was transferred may at any time,
1587 and any number of times, file a complaint in chancery in the
1588 circuit court of the county where such security is deposited, or
1589 file a motion in a pending action to enforce a lien, for an
1590 order to require additional security, reduction of security,
1591 change or substitution of sureties, payment of discharge
1592 thereof, or any other matter affecting the said security. If the
1593 court finds that the amount of the deposit or bond in excess of
1594 the amount claimed in the claim of lien is insufficient to pay
1595 the lienor’s attorney’s fees and court costs incurred in the
1596 action to enforce the lien, the court must increase the amount
1597 of the cash deposit or lien transfer bond. Nothing in This
1598 section does not shall be construed to vest exclusive
1599 jurisdiction in the circuit courts over transfer bond claims for
1600 nonpayment of an amount within the monetary jurisdiction of the
1601 county courts.
1602 (8)(4) If a proceeding to enforce a transferred lien is not
1603 commenced within the time specified in s. 713.22 or if it
1604 appears that the transferred lien has been satisfied of record,
1605 the clerk shall return the said security upon request of the
1606 person depositing or filing the same, or the insurer. If a
1607 proceeding to enforce a lien is commenced in a court of
1608 competent jurisdiction within the time specified in s. 713.22
1609 and, during such proceeding, the lien is transferred pursuant to
1610 this section or s. 713.13(1)(e), an action commenced within 1
1611 year after the transfer, unless otherwise shortened by operation
1612 of law, in the same county or circuit court to recover against
1613 the security shall be deemed to have been brought as of the date
1614 of filing the action to enforce the lien, and the court has
1615 shall have jurisdiction over the action.
1616 Section 17. Effective upon this act becoming a law, section
1617 713.29, Florida Statutes, is amended to read:
1618 713.29 Attorney’s fees.—In any action brought to enforce a
1619 lien or to enforce a claim against a bond under this part, the
1620 prevailing party is entitled to recover a reasonable fee for the
1621 services of her or his attorney for trial and appeal or for
1622 arbitration, in an amount to be determined by the court, which
1623 fee must be taxed as part of the prevailing party’s costs, as
1624 allowed in equitable actions. A lienor is the prevailing party
1625 if the lienor obtains a net judgment in any action brought to
1626 enforce a lien or to enforce a claim against a bond after the
1627 deduction of any setoffs. A defendant is the prevailing party if
1628 the lienor does not obtain a net judgment after the deduction of
1629 any setoffs.
1630 Section 18. Except as otherwise expressly provided in this
1631 act and except for this section, which shall take effect upon
1632 this act becoming a law, this act shall take effect July 1,
1633 2009.