CS for CS for CS for SB 1048               First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20101048e1
       
    1                        A bill to be entitled                      
    2         An act relating to construction bonds; amending s.
    3         255.05, F.S.; requiring that a contractor record in
    4         the official records a payment bond for a public works
    5         construction project; requiring that the bond number
    6         be stated on the first page of the bond; prohibiting
    7         the issuing authority for a building permit or a
    8         private provider performing inspection services from
    9         inspecting the property being improved until certain
   10         documents are filed; providing that a payment and
   11         performance bond is not required for certain
   12         contracts; authorizing certain entities to exempt
   13         certain contracts from the requirement for a payment
   14         and performance bond; requiring the clerk of court to
   15         mail a notice of contest of lien by certified or
   16         registered mail; amending s. 713.015, F.S.; requiring
   17         that a contractor provide an owner with a general
   18         statement of an owner’s rights and responsibilities
   19         under Florida’s Construction Lien Law; requiring that
   20         a signed copy of the statement be filed with the
   21         building permit application; specifying the form and
   22         content of the statement; deleting the requirement
   23         that notice be included in the direct contract between
   24         the contractor and the owner; amending s. 713.06,
   25         F.S.; revising the form of a notice for liens of
   26         persons not in privity with the owner; amending s.
   27         713.13, F.S.; revising the form of the notice of
   28         commencement; requiring the posting of a payment bond
   29         on a job site; amending s. 713.135, F.S.; revising the
   30         warning to the owner printed on certain permit cards;
   31         deleting a requirement relating to filing a notice of
   32         commencement before certain inspections; revising the
   33         warning to the owner provided on a building permit
   34         form; creating s. 713.137, F.S.; prohibiting the
   35         authority issuing a building permit or a private
   36         provider performing inspection services from
   37         inspecting an improvement until certain documents have
   38         been filed and the information in the notice of
   39         commencement meets certain standards; providing
   40         exceptions; amending s. 713.16, F.S.; revising
   41         requirements for demands for a copy of a construction
   42         contract and a statement of account; authorizing a
   43         lienor who submits or mails a claim of lien to the
   44         clerk for recording to make certain demands to an
   45         owner for certain written statements; providing
   46         requirements for such written demands; amending s.
   47         713.18, F.S.; providing additional methods by which
   48         certain items may be served by mail; specifying the
   49         information required on certain written instruments
   50         under certain circumstances; amending s. 713.22, F.S.;
   51         requiring that the clerk of court serve a notice of
   52         contest of lien; amending s. 713.23, F.S.; requiring
   53         that the clerk of court mail a notice of contest of
   54         nonpayment by certified or registered mail; conforming
   55         cross-references; amending s. 713.24, F.S.; requiring
   56         that the clerk of court mail, by certified or
   57         registered mail, a copy of the certificate showing the
   58         transfer of a lien and a copy of the security if the
   59         lien is transferred to a security; authorizing a clerk
   60         to collect certain service charges under certain
   61         circumstances; providing an effective date.
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Subsection (1) and paragraph (a) of subsection
   66  (2) of section 255.05, Florida Statutes, are amended to read:
   67         255.05 Bond of contractor constructing public buildings;
   68  form; action by materialmen.—
   69         (1)(a) Any person entering into a formal contract with the
   70  state or any county, municipality city, or political subdivision
   71  thereof, or other public authority or private entity, for the
   72  construction of a public building, for the prosecution and
   73  completion of a public work, or for repairs upon a public
   74  building or public work shall be required, before commencing the
   75  work or before recommencing the work after a default or
   76  abandonment, to execute and, deliver to the public owner, and
   77  record in the public records of the county where the improvement
   78  is located, a payment and performance bond with a surety insurer
   79  authorized to do business in this state as surety.
   80         (a) A public entity may not require a contractor to secure
   81  a surety bond under this section from a specific agent or
   82  bonding company.
   83         (b) The bond must state on its front page: the name,
   84  principal business address, and phone number of the contractor,
   85  the surety, the owner of the property being improved, and, if
   86  different from the owner, the contracting public entity; the
   87  contract number assigned by the contracting public entity; the
   88  bond number assigned by the surety; and a description of the
   89  project sufficient to identify it, such as a legal description
   90  or the street address of the property being improved, and a
   91  general description of the improvement.
   92         (c) Such bond shall be conditioned upon the contractor’s
   93  performance of the construction work in the time and manner
   94  prescribed in the contract and promptly making payments to all
   95  persons defined in s. 713.01 who furnish labor, services, or
   96  materials for the prosecution of the work provided for in the
   97  contract.
   98         (d)The contractor shall record the payment bond upon
   99  issuance in the official records of the county in which the
  100  improvement will be located.
  101         (e)1.The issuing authority for the building permit, or a
  102  private provider performing inspection services, may not inspect
  103  the property being improved until:
  104         a.The issuing authority has a copy of the contractor’s
  105  recorded payment bond on file; or
  106         b.The contracting public entity has filed with the issuing
  107  authority a notarized statement stating that the contract is
  108  exempt from the requirement for a payment bond as provided in
  109  this section.
  110         2.This paragraph does not apply to inspections for the
  111  installation of temporary electrical service or other temporary
  112  utility service, land clearing, or other preliminary site work.
  113         (f) Any claimant may apply to the governmental entity
  114  having charge of the work for copies of the contract and bond
  115  and shall thereupon be furnished with a certified copy of the
  116  contract and bond. The claimant has shall have a right of action
  117  against the contractor and surety for the amount due him or her,
  118  including unpaid finance charges due under the claimant’s
  119  contract. Such action shall not involve the public authority in
  120  any expense.
  121         (g)1.A payment and performance bond is not required for a
  122  contract with the state for $100,000 or less. When such work is
  123  done for the state and the contract is for $100,000 or less, no
  124  payment and performance bond shall be required.
  125         2.At the discretion of The official or board awarding a
  126  such contract when such work is done for a any county,
  127  municipality city, political subdivision, or public authority
  128  may exempt a contract, any person entering into such a contract
  129  which is for $200,000 or less from the requirement for a may be
  130  exempted from executing the payment and performance bond.
  131         3.When such work is done for the state, The Secretary of
  132  Management Services may delegate to a state agency agencies the
  133  authority to exempt any person entering into such a contract for
  134  amounting to more than $100,000 but less than $200,000 from the
  135  requirement for a executing the payment and performance bond. If
  136  In the event such exemption is granted, the officer or officials
  137  are shall not be personally liable to persons suffering loss
  138  because of granting such exemption. The Department of Management
  139  Services shall maintain information on the number of requests by
  140  state agencies for delegation of authority to waive the bond
  141  requirements by agency and project number and whether any
  142  request for delegation was denied and the justification for the
  143  denial.
  144         (h) Any provision in a payment bond furnished for public
  145  work contracts as provided by this subsection which restricts
  146  the classes of persons as defined in s. 713.01 protected by the
  147  bond or the venue of any proceeding relating to such bond is
  148  unenforceable.
  149         (i)(b) The Department of Management Services shall adopt
  150  rules with respect to all contracts for $200,000 or less, to
  151  provide:
  152         1. Procedures for retaining up to 10 percent of each
  153  request for payment submitted by a contractor and procedures for
  154  determining disbursements from the amount retained on a pro rata
  155  basis to laborers, materialmen, and subcontractors, as defined
  156  in s. 713.01.
  157         2. Procedures for requiring certification from laborers,
  158  materialmen, and subcontractors, as defined in s. 713.01, prior
  159  to final payment to the contractor, that such laborers,
  160  materialmen, and subcontractors have no claims against the
  161  contractor resulting from the completion of the work provided
  162  for in the contract.
  163  
  164  The state is shall not be held liable to any laborer,
  165  materialman, or subcontractor for any amounts greater than the
  166  pro rata share as determined under this section.
  167         (j)(c)1. The amount of the bond shall equal the contract
  168  price, except that for a contract in excess of $250 million, if
  169  the state, county, municipality, political subdivision, or other
  170  public entity finds that a bond in the amount of the contract
  171  price is not reasonably available, the public owner shall set
  172  the amount of the bond at the largest amount reasonably
  173  available, but not less than $250 million.
  174         2. For construction-management or design-build contracts,
  175  if the public owner does not include in the bond amount the cost
  176  of design or other nonconstruction services, the bond may not be
  177  conditioned on performance of such services or payment to
  178  persons furnishing such services. Notwithstanding paragraph (h)
  179  (a), such a bond may exclude persons furnishing such services
  180  from the classes of persons protected by the bond.
  181         (2)(a)1. If a claimant is no longer furnishing labor,
  182  services, or materials on a project, a contractor or the
  183  contractor’s agent or attorney may elect to shorten the
  184  prescribed time in this paragraph within which an action to
  185  enforce any claim against a payment bond must provided pursuant
  186  to this section may be commenced by recording in the clerk’s
  187  office a notice in substantially the following form:
  188                     NOTICE OF CONTEST OF CLAIM                    
  189                        AGAINST PAYMENT BOND                       
  190  
  191  To: ...(Name and address of claimant)...
  192  
  193         You are notified that the undersigned contests your notice
  194  of nonpayment, dated ............, ........, and served on the
  195  undersigned on ............, ........, and that the time within
  196  which you may file suit to enforce your claim is limited to 60
  197  days after the date of service of this notice.
  198  
  199         DATED on ............, .........
  200  
  201  Signed:...(Contractor or Attorney)...
  202  
  203  The claim of any claimant upon whom such notice is served and
  204  who fails to institute a suit to enforce his or her claim
  205  against the payment bond within 60 days after service of such
  206  notice shall be extinguished automatically. The clerk shall mail
  207  a copy of the notice of contest to the claimant at the address
  208  shown in the notice of nonpayment or most recent amendment
  209  thereto by certified or registered mail, return receipt
  210  requested, and shall certify to such service on the face of such
  211  notice and record the notice. Service is complete upon mailing.
  212         2. A claimant, except a laborer, who is not in privity with
  213  the contractor shall, before commencing or not later than 45
  214  days after commencing to furnish labor, services, or materials
  215  for the prosecution of the work, furnish the contractor with a
  216  written notice that he or she intends to look to the bond for
  217  protection. A claimant who is not in privity with the contractor
  218  and who has not received payment for his or her labor, services,
  219  or materials shall deliver to the contractor and to the surety
  220  written notice of the performance of the labor or delivery of
  221  the materials or supplies and of the nonpayment. The notice of
  222  nonpayment may be served at any time during the progress of the
  223  work or thereafter but not before 45 days after the first
  224  furnishing of labor, services, or materials, and not later than
  225  90 days after the final furnishing of the labor, services, or
  226  materials by the claimant or, with respect to rental equipment,
  227  not later than 90 days after the date that the rental equipment
  228  was last on the job site available for use. Any notice of
  229  nonpayment served by a claimant who is not in privity with the
  230  contractor which includes sums for retainage must specify the
  231  portion of the amount claimed for retainage. An No action for
  232  the labor, materials, or supplies may not be instituted against
  233  the contractor or the surety unless both notices have been
  234  given. Notices required or permitted under this section may be
  235  served in accordance with s. 713.18. A claimant may not waive in
  236  advance his or her right to bring an action under the bond
  237  against the surety. In any action brought to enforce a claim
  238  against a payment bond under this section, the prevailing party
  239  is entitled to recover a reasonable fee for the services of his
  240  or her attorney for trial and appeal or for arbitration, in an
  241  amount to be determined by the court, and the which fee must be
  242  taxed as part of the prevailing party’s costs, as allowed in
  243  equitable actions. The time periods for service of a notice of
  244  nonpayment or for bringing an action against a contractor or a
  245  surety shall be measured from the last day of furnishing labor,
  246  services, or materials by the claimant and shall not be measured
  247  by other standards, such as the issuance of a certificate of
  248  occupancy or the issuance of a certificate of substantial
  249  completion.
  250         Section 2. Section 713.015, Florida Statutes, is amended to
  251  read:
  252         713.015 General statement of owner’s rights and
  253  responsibilities Mandatory provisions for direct contracts.—
  254         (1) For any direct contract greater than $2,500 between an
  255  owner and a contractor, related to improvements to real property
  256  consisting of single or multiple family dwellings up to and
  257  including four units, the contractor must provide the owner with
  258  a copy of the general statement of owner’s rights and
  259  responsibilities under Florida’s Construction Lien Law as set
  260  forth in subsection (2), which must be contain the following
  261  notice provision printed in no less than 12-point, capitalized,
  262  boldfaced type on the front page of the contract or on a
  263  separate page, signed by the owner and dated, and submitted with
  264  the original building permit application pursuant to s.
  265  713.135.:
  266  
  267  ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001
  268  713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR
  269  PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
  270  RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.
  271  THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR
  272  OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB
  273  SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED
  274  MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE
  275  ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR
  276  CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
  277  PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE
  278  SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
  279  SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED
  280  TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS
  281  CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
  282  REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY
  283  PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.”
  284  FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
  285  RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
  286         (2)The general statement of an owner’s rights and
  287  responsibilities under Florida’s Construction Lien Law must be
  288  in substantially the following form, must include the
  289  information contained in the following form, and must include a
  290  copy of a notice of commencement as provided in s. 713.13(1).
  291  
  292      GENERAL STATEMENT OF OWNER’S RIGHTS AND RESPONSIBILITIES     
  293                UNDER FLORIDA’S CONSTRUCTION LIEN LAW              
  294           (Required by Section 713.015, Florida Statutes)         
  295  
  296         ABOUT THIS DOCUMENT.Florida law requires your contractor
  297  to provide you with this document when you are contracting to
  298  make improvements to real property. It is critical that you have
  299  some understanding of Florida’s construction lien and payment
  300  laws and take appropriate steps to protect your investment and
  301  fulfill your obligations to those who provide labor, services or
  302  materials for your project.
  303  
  304         You must acknowledge that you have received and read this
  305  document by signing on the signature page. The original signed
  306  document must be delivered to the building permit authority,
  307  along with the building permit application for your project.
  308  Your building permit application will not be processed unless
  309  this signed document is in the file. You need to retain a copy
  310  of this document so that you can follow the procedures described
  311  in the document and identify the proper statutory forms as you
  312  proceed with your construction project.
  313  
  314         IT IS ALWAYS RECOMMENDED THAT YOU CONSULT LEGAL ADVICE
  315  BEFORE UNDERTAKING REAL PROPERTY IMPROVEMENTS. IF YOU HAVE
  316  QUESTIONS REGARDING THE INFORMATION CONTAINED IN THIS DOCUMENT,
  317  SEEK THE ADVICE OF A FLORIDA CONSTRUCTION LAW ATTORNEY.
  318  
  319         THE FLORIDA CONSTRUCTION LIEN LAW.—Part I of chapter 713,
  320  Florida Statutes (F.S.), governs private construction projects
  321  in this state. The complete text of this law can be found at
  322  www.leg.state.fl.us. This statement is a guide and does not take
  323  precedence over the language of Florida’s Construction Lien Law.
  324  
  325         Under this law, those who work on your property or provide
  326  materials and services and who are not paid in full have a right
  327  to enforce their claim for payment against your property. This
  328  claim is known as a construction lien. If your contractor or a
  329  subcontractor fails to pay subcontractors, sub-subcontractors,
  330  or material suppliers, those people who are owed money may look
  331  to your property for payment even if you have already paid your
  332  contractor in full. If you fail to pay your contractor, your
  333  contractor may also have a lien on your property. This means
  334  that if a valid lien is filed, your property could be sold
  335  against your will to pay for labor, services, or materials that
  336  your contractor or a subcontractor may have failed to pay.
  337  
  338         FLORIDA LAW ALSO PROVIDES PROCEDURES TO PROTECT OWNERS FROM
  339  PAYING MORE THAN THE AMOUNT OF THEIR CONTRACT. IF YOU FOLLOW THE
  340  FOUR STEPS SET FORTH BELOW, YOU WILL PROTECT YOURSELF FROM VALID
  341  LIENS AGAINST YOUR PROPERTY, AND FROM PAYING TWICE FOR LABOR,
  342  SERVICES, OR MATERIALS FURNISHED FOR YOUR PROJECT.
  343  
  344         STEP 1THE NOTICE OF COMMENCEMENT.An owner is required
  345  by law to complete, sign, and record in the public records a
  346  Notice of Commencement for all direct contracts that exceed
  347  $2,500. The information provided in the recorded Notice of
  348  Commencement is relied upon by all parties who provide labor,
  349  services or materials for your project. A copy of the statutory
  350  Notice of Commencement form required by s. 713.13, Florida
  351  Statutes, is attached to this document.
  352  
  353         If a lender is financing your project, the lender will
  354  assist you in completing the Notice of Commencement and is
  355  responsible for recording it in the public records. It is
  356  critical that your Notice of Commencement be recorded after any
  357  construction loan or mortgage documents are recorded. If you are
  358  not using a lender, preparing and recording the Notice of
  359  Commencement is your responsibility. The Notice of Commencement
  360  must be recorded before commencing construction and posted on
  361  your jobsite. For most projects, a copy of the recorded Notice
  362  of Commencement must be submitted to the building permit
  363  authority prior to the first building inspection.
  364  
  365         STEP 2 MONITOR THE DOCUMENTS AND NOTICES YOU RECEIVE.
  366  Pick up your certified mail. Most lien notices are served by
  367  certified mail and you need to know who is providing labor,
  368  services, or materials for your project. The law provides that
  369  any properly addressed notices that are returned to the sender
  370  through no fault of the sender are considered served on the date
  371  sent, so failing to claim certified mail only hurts you.
  372  
  373         If you expect to be absent for periods of time during your
  374  project, you should have an attorney or other agent in a
  375  position of trust who understands the law handle these details
  376  for you. Make sure someone is receiving your mail and taking
  377  steps to obtain the necessary lien releases before making
  378  payments to your contractor. If you receive anything that you do
  379  not understand, seek the assistance of an experienced
  380  construction law attorney.
  381  
  382         STEP 3  OBTAIN SIGNED LIEN WAIVERS EACH TIME YOU MAKE A
  383  PAYMENT TO YOUR CONTRACTOR.Each time you pay your contractor
  384  you should obtain a Waiver and Release of Lien form from the
  385  contractor AND from anyone who has served you with a Notice to
  386  Owner. Make sure that each release waives lien rights against
  387  your project for work or materials furnished through the date of
  388  the work or materials that your payment covers. This date is
  389  probably not the date you are making the payment, but a date
  390  prior to the payment date through which labor, services, or
  391  materials have been billed.
  392  
  393         UNDER FLORIDA LAW, YOU HAVE THE RIGHT TO WITHHOLD PAYMENTS
  394  OWED TO THE CONTRACTOR UNTIL YOU HAVE BEEN PROVIDED WITH A
  395  WRITTEN WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT OR A
  396  WRITTEN WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT SHOWING
  397  THAT THE LIENOR’S CLAIM FOR PAYMENT HAS BEEN PAID.
  398  
  399         There are two statutory Waiver and Release of Lien forms.
  400  The signed Waiver and Release of Lien Upon Progress Payment
  401  should be provided to you by a contractor, subcontractor, or
  402  material supplier each time you make a progress payment to your
  403  contractor. The signed Waiver and Release of Lien Upon Final
  404  Payment should be submitted by your contractor, a subcontractor,
  405  or material supplier when they are finished furnishing all work
  406  or materials for your project and have received final payment.
  407  Once you receive a final waiver from a contractor,
  408  subcontractor, or material supplier, you should not need another
  409  waiver unless they are hired to do additional work.
  410  
  411         STEP 4 OBTAIN A CONTRACTOR’S FINAL PAYMENT AFFIDAVIT
  412  BEFORE YOU MAKE FINAL PAYMENT TO YOUR CONTRACTOR.—In addition to
  413  obtaining Final Waiver and Release of Lien forms from the
  414  contractor and anyone who has served you with a Notice to Owner,
  415  you should obtain a Contractor’s Final Payment Affidavit before
  416  you make final payment to your contractor. This sworn affidavit
  417  should reflect that everyone who supplied labor, services, or
  418  materials on your project has been paid in full or should list
  419  those subcontractors and suppliers who are still owed money.
  420  Make sure that anyone listed as not being paid in full is paid
  421  before making final payment to your contractor. You have a right
  422  to rely on the information contained in the sworn affidavit when
  423  you make final payment to your contractor with respect to any
  424  lienor who has not served a Notice to Owner. If a lienor has
  425  served you with a Notice to Owner, you should obtain a Waiver
  426  and Release of Lien Upon Final Payment from that lienor.
  427  
  428                 OWNER’S ACKNOWLEDGMENT AND RECEIPT                
  429  
  430         The undersigned owner(s) of Florida real property hereby
  431  acknowledge that they are preparing to enter into a contract
  432  with _____________________________________________for the
  433  construction of real property improvements to the following
  434  described property (insert address or legal description):
  435         _________________________________________
  436         _________________________________________
  437  ..(Signature of Property Owner)......(Date)...
  438  ...(Signature of Property Owner)......(Date)...
  439  
  440         Attached Statutory Form: Notice of Commencement
  441  
  442  Additional information regarding license and insurance
  443  requirements for contractors can be obtained online at
  444  www.myflorida.com/dbpr/pro/cilb.
  445         (2)(a)If the contract is written, the notice must be in
  446  the contract document. If the contract is oral or implied, the
  447  notice must be provided in a document referencing the contract.
  448         (3)(b) The failure to provide such written notice does not
  449  bar the enforcement of a lien against a person who has not been
  450  adversely affected.
  451         (4)(c) This section may not be construed to adversely
  452  affect the lien and bond rights of lienors who are not in
  453  privity with the owner. This section does not apply when the
  454  owner is a contractor licensed under chapter 489 or is a person
  455  who created parcels or offers parcels for sale or lease in the
  456  ordinary course of business.
  457         Section 3. Paragraph (c) of subsection (2) of section
  458  713.06, Florida Statutes, is amended to read:
  459         713.06 Liens of persons not in privity; proper payments.—
  460         (2)
  461         (c) The notice may be in substantially the following form
  462  and must include the information and the warning contained in
  463  the following form:
  464  
  465         WARNING! FLORIDA’S CONSTRUCTION LIEN LAW ALLOWS SOME
  466         UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL
  467         SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF
  468         YOU HAVE MADE PAYMENT IN FULL.
  469  
  470  UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID
  471  MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING
  472  TWICE.
  473         TO PROTECT YOURSELF, EACH TIME YOU MAKE A PAYMENT TO THE
  474  CONTRACTOR ASK YOUR CONTRACTOR TO PROVIDE YOU WITH A WRITTEN
  475  WAIVER AND RELEASE OF LIEN FROM US. FOR ADDITIONAL INFORMATION,
  476  REFER TO THE GENERAL STATEMENT OF OWNER’S RIGHTS AND
  477  RESPONSIBILITIES WHICH WAS PROVIDED TO YOU BY OUR CONTRACTOR AT
  478  THE BEGINNING OF YOUR CONSTRUCTION PROJECT. AVOID A LIEN AND
  479  PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY
  480  TIME YOU PAY YOUR CONTRACTOR.
  481                           NOTICE TO OWNER                         
  482  
  483  To ...(Owner’s name and address)...
  484  
  485  The undersigned hereby informs you that he or she has furnished
  486  or is furnishing services or materials as follows:
  487  ...(General description of services or materials)... for the
  488  improvement of the real property identified as ...(property
  489  description)... under an order given by.............
  490  
  491  Florida law prescribes the serving of this notice and restricts
  492  your right to make payments under your contract in accordance
  493  with Section 713.06, Florida Statutes.
  494                      IMPORTANT INFORMATION FOR                    
  495                           YOUR PROTECTION                         
  496  
  497         Under Florida’s laws, those who work on your property or
  498  provide materials and are not paid have a right to enforce their
  499  claim for payment against your property. This claim is known as
  500  a construction lien.
  501         If your contractor fails to pay subcontractors or material
  502  suppliers or neglects to make other legally required payments,
  503  the people who are owed money may look to your property for
  504  payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.
  505  
  506  PROTECT YOURSELF:
  507         —RECOGNIZE that this Notice to Owner may result in a lien
  508  against your property unless all those supplying a Notice to
  509  Owner have been paid.
  510         —LEARN more about the Construction Lien Law, Chapter 713,
  511  Part I, Florida Statutes, and the meaning of this notice by
  512  contacting an attorney or the Florida Department of Business and
  513  Professional Regulation.
  514  ...(Lienor’s Signature)...
  515  ...(Lienor’s Name)...
  516  ...(Lienor’s Address)...
  517  
  518  Copies to: ...(Those persons listed in Section 713.06(2)(a) and
  519  (b), Florida Statutes)...
  520  The form may be combined with a notice to contractor given under
  521  s. 255.05 or s. 713.23 and, if so, may be entitled “NOTICE TO
  522  OWNER/NOTICE TO CONTRACTOR.”
  523         Section 4. Section 713.13, Florida Statutes, is amended to
  524  read:
  525         713.13 Notice of commencement.—
  526         (1)(a) Except for an improvement that is exempt pursuant to
  527  s. 713.02(5), an owner or the owner’s authorized agent before
  528  actually commencing to improve any real property, or
  529  recommencing completion of any improvement after default or
  530  abandonment, whether or not a project has a payment bond
  531  complying with s. 713.23, shall record a notice of commencement
  532  in the clerk’s office and forthwith post either a certified copy
  533  thereof or a notarized statement that the notice of commencement
  534  has been filed for recording along with a copy thereof. The
  535  notice of commencement shall contain the following information:
  536         1. A description sufficient for identification of the real
  537  property to be improved. The description should include the
  538  legal description of the property and also should include the
  539  street address and tax folio number of the property if available
  540  or, if there is no street address available, such additional
  541  information as will describe the physical location of the real
  542  property to be improved.
  543         2. A general description of the improvement.
  544         3. The name and address of the owner, the owner’s interest
  545  in the site of the improvement, and the name and address of the
  546  fee simple titleholder, if other than such owner.
  547         4. The name and address of the contractor.
  548         5. The name and address of the surety on the payment bond
  549  under s. 713.23, if any, and the amount of such bond.
  550         6. The name and address of any person making a loan for the
  551  construction of the improvements.
  552         7. The name and address within the state of a person other
  553  than himself or herself who may be designated by the owner as
  554  the person upon whom notices or other documents may be served
  555  under this part; and service upon the person so designated
  556  constitutes service upon the owner.
  557         (b) The owner, at his or her option, may designate a person
  558  in addition to himself or herself to receive a copy of the
  559  lienor’s notice as provided in s. 713.06(2)(b), and if he or she
  560  does so, the name and address of such person must be included in
  561  the notice of commencement.
  562         (c) If the contract between the owner and a contractor
  563  named in the notice of commencement expresses a period of time
  564  for completion for the construction of the improvement greater
  565  than 1 year, the notice of commencement must state that it is
  566  effective for a period of 1 year plus any additional period of
  567  time. Any payments made by the owner after the expiration of the
  568  notice of commencement are considered improper payments.
  569         (d) A notice of commencement must be in substantially the
  570  following form:
  571  
  572  Permit No.....                                 Tax Folio No.....
  573                       NOTICE OF COMMENCEMENT                      
  574  State of....
  575  County of....
  576  
  577  The undersigned hereby gives notice that improvement will be
  578  made to certain real property, and in accordance with Chapter
  579  713, Florida Statutes, the following information is provided in
  580  this Notice of Commencement.
  581         1. Description of property: ...(legal description of the
  582  property, and street address if available)....
  583         2. General description of improvement:.....
  584         3. Owner information:.....
  585         a. Name and address:.....
  586         b. Interest in property:.....
  587         c. Name and address of fee simple titleholder (if other
  588  than Owner):.....
  589         4.a. Contractor: ...(name and address)....
  590         b. Contractor’s phone number:.....
  591         5. Surety...(a copy of the payment bond is attached, if the
  592  project is bonded....
  593         a. Name and address:.....
  594         b. Phone number:.....
  595         c. Amount of bond: $.....
  596         6.a. Lender: ...(name and address)....
  597         b. Lender’s phone number:.....
  598         7.a. Persons within the State of Florida designated by
  599  Owner upon whom notices or other documents may be served as
  600  provided by Section 713.13(1)(a)7., Florida Statutes: ...(name
  601  and address)....
  602         b. Phone numbers of designated persons:.....
  603         8.a. In addition to himself or herself, Owner designates
  604  ............ of ............ to receive a copy of the Lienor’s
  605  Notice as provided in Section 713.13(1)(b), Florida Statutes.
  606         b. Phone number of person or entity designated by
  607  owner:.....
  608         9. Expiration date of notice of commencement (the
  609  expiration date is 1 year from the date of recording unless a
  610  later different date is specified).....
  611  
  612  WARNING TO OWNER: IF THIS NOTICE OF COMMENCEMENT WILL EXPIRE
  613  BEFORE ALL WORK IS COMPLETED AND FINAL PAYMENT IS MADE, THE
  614  EXPIRATION DATE MUST BE EXTENDED. ANY PAYMENTS MADE BY THE OWNER
  615  AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE
  616  CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION
  617  713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE
  618  FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST
  619  BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST
  620  INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
  621  LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR
  622  NOTICE OF COMMENCEMENT.
  623  
  624  Under penalty of perjury, I declare that I have read the
  625  foregoing notice of commencement and that the facts stated
  626  therein are true to the best of my knowledge and belief.
  627  
  628  ...(Signature of Owner or Owner’s Authorized
  629  Officer/Director/Partner/Manager)...
  630  
  631  ...(Signatory’s Title/Office)...
  632  
  633  The foregoing instrument was acknowledged before me this ....
  634  day of ...., ...(year)..., by ...(name of person)... as ...(type
  635  of authority,...e.g. officer, trustee, attorney in fact)... for
  636  ...(name of party on behalf of whom instrument was executed)....
  637  
  638  ...(Signature of Notary Public - State of Florida)...
  639  
  640  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  641  
  642         Personally Known .... OR Produced Identification ....
  643  
  644         Type of Identification Produced............
  645  
  646  Verification pursuant to Section 92.525, Florida Statutes.
  647  
  648  Under penalties of perjury, I declare that I have read the
  649  foregoing and that the facts stated in it are true to the best
  650  of my knowledge and belief.
  651  
  652  ...(Signature of Natural Person Signing Above)...
  653         (e) A copy of any payment bond must be attached at the time
  654  of recordation of the notice of commencement. The failure to
  655  attach a copy of the bond to the notice of commencement when the
  656  notice is recorded negates the exemption provided in s.
  657  713.02(6). However, if a payment bond under s. 713.23 exists but
  658  was not attached at the time of recordation of the notice of
  659  commencement, the bond may be used to transfer any recorded lien
  660  of a lienor except that of the contractor by the recordation and
  661  service of a notice of bond pursuant to s. 713.23(2). The notice
  662  requirements of s. 713.23 apply to any claim against the bond;
  663  however, the time limits for serving any required notices shall
  664  begin running from the later of the time specified in s. 713.23
  665  or the date the notice of bond is served on the lienor.
  666         (f) The giving of a notice of commencement is effective
  667  upon the filing of the notice in the clerk’s office.
  668         (g) The owner must sign the notice of commencement and no
  669  one else may be permitted to sign in his or her stead.
  670         (2) If the improvement described in the notice of
  671  commencement is not actually commenced within 90 days after the
  672  recording thereof, such notice is void and of no further effect.
  673         (3) The recording of a notice of commencement does not
  674  constitute a lien, cloud, or encumbrance on real property, but
  675  gives constructive notice that claims of lien under this part
  676  may be recorded and may take priority as provided in s. 713.07.
  677  The posting of a copy does not constitute a lien, cloud, or
  678  encumbrance on real property, nor actual or constructive notice
  679  of any of them.
  680         (4) This section does not apply to an owner who is
  681  constructing improvements described in s. 713.04.
  682         (5)(a) A notice of commencement that is recorded within the
  683  effective period may be amended to extend the effective period,
  684  change erroneous information in the original notice, or add
  685  information that was omitted from the original notice. However,
  686  in order to change contractors, a new notice of commencement or
  687  notice of recommencement must be executed and recorded.
  688         (b) The amended notice must identify the official records
  689  book and page where the original notice of commencement is
  690  recorded, and a copy of the amended notice must be served by the
  691  owner upon the contractor and each lienor who serves notice
  692  before or within 30 days after the date the amended notice is
  693  recorded.
  694         (6) Unless otherwise provided in the notice of commencement
  695  or a new or amended notice of commencement, a notice of
  696  commencement is not effectual in law or equity against a
  697  conveyance, transfer, or mortgage of or lien on the real
  698  property described in the notice, or against creditors or
  699  subsequent purchasers for a valuable consideration, after 1 year
  700  after the date of recording the notice of commencement.
  701         (7) A lender must, prior to the disbursement of any
  702  construction funds to the contractor, record the notice of
  703  commencement in the clerk’s office as required by this section;
  704  however, the lender is not required to post a certified copy of
  705  the notice at the construction site. The posting of the notice
  706  at the construction site remains the owner’s obligation. The
  707  failure of a lender to record the notice of commencement as
  708  required by this subsection renders the lender liable to the
  709  owner for all damages sustained by the owner as a result of the
  710  failure. Whenever a lender is required to record a notice of
  711  commencement, the lender shall designate the lender, in addition
  712  to others, to receive copies of notices to owner. This
  713  subsection does not give any person other than the owner a claim
  714  or right of action against a lender for failure to record a
  715  notice of commencement.
  716         Section 5. Section 713.135, Florida Statutes, is amended to
  717  read:
  718         713.135 Notice of commencement and applicability of lien.—
  719         (1) When any person applies for a building permit, the
  720  authority issuing such permit shall:
  721         (a)Require the applicant to submit the signed and dated
  722  general statement of an owner’s rights and responsibilities
  723  under Florida’s Construction Lien Law provided in s. 713.015 for
  724  any single-family or multifamily dwelling up to and including
  725  four units. A building permit application may not be processed
  726  unless the signed document is in the file.
  727         (b)(a) Print on the face of each permit card in no less
  728  than 14-point, capitalized, boldfaced type: “WARNING TO OWNER:
  729  IF YOU FAIL YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT, YOU
  730  MAY PAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR
  731  PROPERTY. A NOTICE OF COMMENCEMENT, AND THE CONTRACTOR’S PAYMENT
  732  BOND IF THE PROJECT IS BONDED, MUST BE RECORDED AND POSTED ON
  733  THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO
  734  OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
  735  RECORDING YOUR NOTICE OF COMMENCEMENT.”
  736         (c)(b)Make available to Provide the applicant and the
  737  owner of the real property upon which improvements are to be
  738  constructed copies of the general statement of an owner’s rights
  739  and responsibilities under Florida’s with a printed statement
  740  stating that the right, title, and interest of the person who
  741  has contracted for the improvement may be subject to attachment
  742  under the Construction Lien Law, as described in s. 713.015,
  743  along with the attached statutory form. The issuing authority
  744  may make the general statement and form available in printed
  745  form or on the Internet or both. The Department of Business and
  746  Professional Regulation shall furnish, for distribution, the
  747  statement described in this paragraph, and the statement must be
  748  a summary of the Construction Lien Law and must include an
  749  explanation of the provisions of the Construction Lien Law
  750  relating to the recording, and the posting of copies, of notices
  751  of commencement and a statement encouraging the owner to record
  752  a notice of commencement and post a copy of the notice of
  753  commencement in accordance with s. 713.13. The statement must
  754  also contain an explanation of the owner’s rights if a lienor
  755  fails to furnish the owner with a notice as provided in s.
  756  713.06(2) and an explanation of the owner’s rights as provided
  757  in s. 713.22. The authority that issues the building permit must
  758  obtain from the Department of Business and Professional
  759  Regulation the statement required by this paragraph and must
  760  mail, deliver by electronic mail or other electronic format or
  761  facsimile, or personally deliver that statement to the owner or,
  762  in a case in which the owner is required to personally appear to
  763  obtain the permit, provide that statement to any owner making
  764  improvements to real property consisting of a single or multiple
  765  family dwelling up to and including four units. However, the
  766  failure by the authorities to provide the summary does not
  767  subject the issuing authority to liability.
  768         (c)In addition to providing the owner with the statement
  769  as required by paragraph (b), inform each applicant who is not
  770  the person whose right, title, and interest is subject to
  771  attachment that, as a condition to the issuance of a building
  772  permit, the applicant must promise in good faith that the
  773  statement will be delivered to the person whose property is
  774  subject to attachment.
  775         (d)Furnish to the applicant two or more copies of a form
  776  of notice of commencement conforming with s. 713.13. If the
  777  direct contract is greater than $2,500, the applicant shall file
  778  with the issuing authority prior to the first inspection either
  779  a certified copy of the recorded notice of commencement or a
  780  notarized statement that the notice of commencement has been
  781  filed for recording, along with a copy thereof. In the absence
  782  of the filing of a certified copy of the recorded notice of
  783  commencement, the issuing authority or a private provider
  784  performing inspection services may not perform or approve
  785  subsequent inspections until the applicant files by mail,
  786  facsimile, hand delivery, or any other means such certified copy
  787  with the issuing authority. The certified copy of the notice of
  788  commencement must contain the name and address of the owner, the
  789  name and address of the contractor, and the location or address
  790  of the property being improved. The issuing authority shall
  791         (d) Verify that the name and address of the owner, the name
  792  of the contractor, and the location or address of the property
  793  being improved which is contained in the certified copy of the
  794  notice of commencement is consistent with the information in the
  795  building permit application.
  796         (e)Provide the recording information from the official
  797  public records in which the notice of commencement and payment
  798  bond, if any, are recorded to any person upon request. The
  799  issuing authority shall provide the recording information on the
  800  certified copy of the recorded notice of commencement to any
  801  person upon request. This subsection does not require the
  802  recording of a notice of commencement prior to the issuance of a
  803  building permit. If a local government requires a separate
  804  permit or inspection for installation of temporary electrical
  805  service or other temporary utility service, land clearing, or
  806  other preliminary site work, such permits may be issued and such
  807  inspections may be conducted without providing the issuing
  808  authority with a certified copy of a recorded notice of
  809  commencement or a notarized statement regarding a recorded
  810  notice of commencement. This subsection does not apply to a
  811  direct contract to repair or replace an existing heating or air
  812  conditioning system in an amount less than $7,500.
  813         (f)(e) Not require that a notice of commencement be
  814  recorded as a condition of the application for, or processing or
  815  issuance of, a building permit. However, this paragraph does not
  816  modify or waive the inspection requirements set forth in this
  817  subsection.
  818         (g)Not require that a notice of commencement be recorded
  819  or provided for those projects described in s. 713.137(2).
  820         (2) An issuing authority under subsection (1) is not liable
  821  in any civil action for the failure of the person whose property
  822  is subject to attachment to receive or to be delivered the
  823  general statement of an owner’s rights and responsibilities
  824  under Florida’s a printed statement stating that the right,
  825  title, and interest of the person who has contracted for the
  826  improvement may be subject to attachment under the Construction
  827  Lien Law as provided in s. 713.015.
  828         (3) An issuing authority under subsection (1) is not liable
  829  in any civil action for the failure to verify that a certified
  830  copy of the recorded notice of commencement has been filed in
  831  accordance with this section.
  832         (4) The several boards of county commissioners, municipal
  833  councils, or other similar bodies may by ordinance or resolution
  834  establish reasonable fees for furnishing, upon request, copies
  835  of the forms and the printed statement provided in paragraph
  836  (1)(a) paragraphs (1)(b) and (d) in an amount not to exceed $5
  837  to be paid by the applicant for each permit in addition to all
  838  other costs of the permit; however, no forms or statement need
  839  be furnished, mailed, or otherwise provided to, nor may such
  840  additional fee be obtained from, applicants for permits in those
  841  cases in which the owner of a legal or equitable interest
  842  (including that of ownership of stock of a corporate landowner)
  843  of the real property to be improved is engaged in the business
  844  of construction of buildings for sale to others and intends to
  845  make the improvements authorized by the permit on the property
  846  and upon completion will offer the improved real property for
  847  sale.
  848         (5) In addition to any other information required by the
  849  authority issuing the permit, each building permit application
  850  must contain:
  851         (a) The name and address of the owner of the real property;
  852         (b) The name and address of the contractor;
  853         (c) A description sufficient to identify the real property
  854  to be improved; and
  855         (d) The number or identifying symbol assigned to the
  856  building permit by the issuing authority, which number or symbol
  857  must be affixed to the application by the issuing authority.
  858         (6)(a) In addition to any other information required by the
  859  authority issuing the permit, the building permit application
  860  must be in substantially the following form:
  861  
  862  Tax Folio No.........
  863                     BUILDING PERMIT APPLICATION                   
  864  
  865  Owner’s Name....................................................
  866  Owner’s Address.................................................
  867  Fee Simple Titleholder’s Name (If other than owner).............
  868  Fee Simple Titleholder’s Address (If other than owner)..........
  869  City............................................................
  870  State............ Zip............
  871  Contractor’s Name...............................................
  872  Contractor’s Address............................................
  873  City............................................................
  874  State............ Zip............
  875  Job Name........................................................
  876  Job Address.....................................................
  877  City................                          County............
  878  Legal Description...............................................
  879  Bonding Company.................................................
  880  Bonding Company Address.........................................
  881  City................ State............
  882  Architect/Engineer’s Name.......................................
  883  Architect/Engineer’s Address....................................
  884  Mortgage Lender’s Name..........................................
  885  Mortgage Lender’s Address.......................................
  886  
  887         Application is hereby made to obtain a permit to do the
  888  work and installations as indicated. I certify that no work or
  889  installation has commenced prior to the issuance of a permit and
  890  that all work will be performed to meet the standards of all
  891  laws regulating construction in this jurisdiction. I understand
  892  that a separate permit must be secured for ELECTRICAL WORK,
  893  PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
  894  TANKS, and AIR CONDITIONERS, etc.
  895  
  896  OWNER’S AFFIDAVIT: I certify that all the foregoing information
  897  is accurate and that all work will be done in compliance with
  898  all applicable laws regulating construction and zoning.
  899  
  900         WARNING TO OWNER: IF YOU FAIL YOUR FAILURE TO RECORD A
  901         NOTICE OF COMMENCEMENT, YOU MAY PAY RESULT IN YOUR
  902         PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A
  903         NOTICE OF COMMENCEMENT, AND THE CONTRACTOR’S PAYMENT
  904         BOND IF THE PROJECT IS BONDED, MUST BE RECORDED AND
  905         POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.
  906  
  907         IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
  908         LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR
  909         RECORDING YOUR NOTICE OF COMMENCEMENT.
  910  
  911  ...(Signature of Owner or Agent)...
  912  
  913  ...(including contractor)...
  914  STATE OF FLORIDA
  915  COUNTY OF ....
  916  
  917         Sworn to (or affirmed) and subscribed before me this ....
  918  day of ...., ...(year)..., by ...(name of person making
  919  statement)....
  920  
  921  ...(Signature of Notary Public - State of Florida)...
  922  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  923  
  924         Personally Known .... OR Produced Identification ....
  925  
  926         Type of Identification Produced............
  927  ...(Signature of Contractor)...
  928  
  929  STATE OF FLORIDA
  930  COUNTY OF ....
  931  
  932         Sworn to (or affirmed) and subscribed before me this ....
  933  day of ...., ...(year)..., by ...(name of person making
  934  statement)....
  935  ...(Signature of Notary Public - State of Florida)...
  936  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  937  
  938         Personally Known .... OR Produced Identification ....
  939  
  940         Type of Identification Produced............
  941                 (Certificate of Competency Holder)                
  942  
  943  Contractor’s State Certification or Registration No.....
  944  
  945  Contractor’s Certificate of Competency No.........
  946  
  947  APPLICATION APPROVED BY
  948  ................Permit Officer
  949         (b) Consistent with the requirements of paragraph (a), an
  950  authority responsible for issuing building permits under this
  951  section may accept a building permit application in an
  952  electronic format, as prescribed by the authority. Building
  953  permit applications submitted to the authority electronically
  954  must contain the following additional statement in lieu of the
  955  requirement in paragraph (a) that a signed, sworn, and notarized
  956  signature of the owner or agent and the contractor be part of
  957  the owner’s affidavit:
  958  
  959  OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
  960  perjury, I declare that all the information contained in this
  961  building permit application is true and correct.
  962         (c) An authority responsible for issuing building permit
  963  applications which accepts building permit applications in an
  964  electronic format shall provide public Internet access to the
  965  electronic building permit applications in a searchable format.
  966         (7) This section applies to every municipality and county
  967  in the state which now has or hereafter may have a system of
  968  issuing building permits for the construction of improvements or
  969  for the alteration or repair of improvements on or to real
  970  property located within the geographic limits of the issuing
  971  authority.
  972         Section 6. Section 713.137, Florida Statutes, is created to
  973  read:
  974         713.137Prerequisites to inspection of improvements;
  975  exceptions.—
  976         (1)The authority issuing a building permit or a private
  977  provider performing inspection services may not inspect the real
  978  property being improved unless:
  979         (a)The following documents have been filed with the
  980  issuing authority:
  981         1.a.A certified copy of the recorded notice of
  982  commencement; or
  983         b.A notarized statement that the notice of commencement
  984  has been filed for recording, along with a copy of the notice.
  985         2. If the permit is for a commercial project:
  986         a.A copy of the contractor’s recorded payment bond; or
  987         b.A notarized statement of the contractor or owner stating
  988  that a payment bond was not required.
  989         3.A signed copy of the general statement of owner’s rights
  990  and responsibilities under Florida’s Construction Lien Law, if
  991  required by s. 713.015.
  992         (b)The information in the notice of commencement filed
  993  with the issuing authority is consistent with the building
  994  permit application, complete, and legible.
  995         (2)This section does not apply to inspections of the
  996  following improvements:
  997         (a)The installation of temporary electrical service or
  998  other temporary utility service, land clearing, or other
  999  preliminary site work.
 1000         (b)Improvements pursuant to a direct contract in an amount
 1001  of $5,000 or less.
 1002         (c)The repair or replacement of a heating or air
 1003  conditioning system pursuant to a direct contract in an amount
 1004  of $7,500 or less.
 1005         Section 7. Section 713.16, Florida Statutes, is amended to
 1006  read:
 1007         713.16  Demand for copy of contract and statements of
 1008  account; form.—
 1009         (1) A copy of the contract of a lienor or owner and a
 1010  statement of the amount due or to become due if fixed or
 1011  ascertainable thereon must be furnished by any party thereto,
 1012  upon written demand of an owner or a lienor contracting with or
 1013  employed by the other party to such contract. If the owner or
 1014  lienor refuses or neglects to furnish such copy of the contract
 1015  or such statement, or willfully and falsely states the amount
 1016  due or to become due if fixed or ascertainable under such
 1017  contract, any person who suffers any detriment thereby has a
 1018  cause of action against the person refusing or neglecting to
 1019  furnish the same or willfully and falsely stating the amount due
 1020  or to become due for his or her damages sustained thereby. The
 1021  information contained in such copy or statement furnished
 1022  pursuant to such written demand is binding upon the owner or
 1023  lienor furnishing it unless actual notice of any modification is
 1024  given to the person demanding the copy or statement before such
 1025  person acts in good faith in reliance on it. The person
 1026  demanding such documents must pay for the reproduction thereof;
 1027  and, if such person fails or refuses to do so, he or she is
 1028  entitled only to inspect such documents at reasonable times and
 1029  places.
 1030         (2) The owner may serve in writing a demand of any lienor
 1031  for a written statement under oath of his or her account showing
 1032  the nature of the labor or services performed and to be
 1033  performed, if any, the materials furnished, the materials to be
 1034  furnished, if known, the amount paid on account to date, the
 1035  amount due, and the amount to become due, if known, as of the
 1036  date of the statement by the lienor. Any such demand to a lienor
 1037  must be served on the lienor at the address and to the attention
 1038  of any person who is designated to receive the demand in the
 1039  notice to owner served by such lienor and must include a
 1040  description of the project, including the names of the owner,
 1041  the contractor, and the lienor’s customer, sufficient for the
 1042  lienor to properly identify the account in question. The failure
 1043  or refusal to furnish the statement does not deprive the lienor
 1044  of his or her lien if the demand is not served at the address of
 1045  the lienor or directed to the attention of the person designated
 1046  to receive the demand in the notice to owner. The failure or
 1047  refusal to furnish the statement under oath within 30 days after
 1048  the demand, or the furnishing of a false or fraudulent
 1049  statement, deprives the person so failing or refusing to furnish
 1050  such statement of his or her lien. If the owner serves more than
 1051  one demand for statement of account on a lienor and none of the
 1052  information regarding the account has changed since the lienor’s
 1053  last response to a demand, the failure or refusal to furnish
 1054  such statement does not deprive the lienor of his or her lien.
 1055  The negligent inclusion or omission of any information deprives
 1056  the person of his or her lien to the extent the owner can
 1057  demonstrate prejudice from such act or omission by the lienor.
 1058  The failure to furnish a response to a demand for statement of
 1059  account does not affect the validity of any claim of lien being
 1060  enforced through a foreclosure case filed prior to the date the
 1061  demand for statement is received by the lienor.
 1062         (3) A request for sworn statement of account must be in
 1063  substantially the following form:
 1064               REQUEST FOR SWORN STATEMENT OF ACCOUNT              
 1065  
 1066  WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT, SIGNED
 1067  UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE
 1068  STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN.
 1069  
 1070  To: ...(Lienor’s name and address)...
 1071  
 1072  The undersigned hereby demands a written statement under oath of
 1073  his or her account showing the nature of the labor or services
 1074  performed and to be performed, if any, the materials furnished,
 1075  the materials to be furnished, if known, the amount paid on
 1076  account to date, the amount due, and the amount to become due,
 1077  if known, as of the date of the statement for the improvement of
 1078  real property identified as ......(property description).......
 1079         Name of contractor: .............
 1080         Name of the lienor’s customer (as specified in the lienor’s
 1081  Notice to Owner, if such notice has been served): .............
 1082  ...(signature and address of owner)...
 1083  ......(date of request for sworn statement of account)......
 1084         (4) When a contractor has furnished a payment bond pursuant
 1085  to s. 713.23, he or she may, when an owner makes any payment to
 1086  the contractor or directly to a lienor, serve a written demand
 1087  on any other lienor for a written statement under oath of his or
 1088  her account showing the nature of the labor or services
 1089  performed and to be performed, if any, the materials furnished,
 1090  the materials to be furnished, if known, the amount paid on
 1091  account to date, the amount due, and the amount to become due,
 1092  if known, as of the date of the statement by the lienor. Any
 1093  such demand to a lienor must be served on the lienor at the
 1094  address and to the attention of any person who is designated to
 1095  receive the demand in the notice to contractor served by such
 1096  lienor. The failure or refusal to furnish the statement does not
 1097  deprive the lienor of his or her rights under the bond if the
 1098  demand is not served at the address of the lienor or directed to
 1099  the attention of the person designated to receive the demand in
 1100  the notice to contractor or if the demand does not include a
 1101  description of the project, including the names of the owner,
 1102  the contractor, and the lienor’s customer as set forth in the
 1103  lienor’s notice to contractor, sufficient for the lienor to
 1104  properly identify the account in question. The failure to
 1105  furnish the statement within 30 days after the demand, or the
 1106  furnishing of a false or fraudulent statement, deprives the
 1107  person who fails to furnish the statement, or who furnishes the
 1108  false or fraudulent statement, of his or her rights under the
 1109  bond. If the contractor serves more than one demand for
 1110  statement of account on a lienor and none of the information
 1111  regarding the account has changed since the lienor’s last
 1112  response to a demand, the failure or refusal to furnish such
 1113  statement does not deprive the lienor of his or her rights under
 1114  the bond. The negligent inclusion or omission of any information
 1115  deprives the person of his or her rights under the bond to the
 1116  extent the contractor can demonstrate prejudice from such act or
 1117  omission by the lienor. The failure to furnish a response to a
 1118  demand for statement of account does not affect the validity of
 1119  any claim on the bond being enforced in a lawsuit filed prior to
 1120  the date the demand for statement of account is received by the
 1121  lienor.
 1122         (5)(a) Any lienor who submits or mails has recorded a claim
 1123  of lien to the clerk for recording may make written demand on
 1124  the owner for a written statement under oath showing:
 1125         1. The amount of the direct contract under which the lien
 1126  was recorded;
 1127         2. The dates and amounts paid or to be paid by or on behalf
 1128  of the owner for all improvements described in the direct
 1129  contract;
 1130         3. The reasonable estimated costs of completing the direct
 1131  contract under which the lien was claimed pursuant to the scope
 1132  of the direct contract; and
 1133         4. If known, the actual cost of completion.
 1134         (b) Any owner who does not provide the statement within 30
 1135  days after demand, or who provides a false or fraudulent
 1136  statement, is not a prevailing party for purposes of an award of
 1137  attorney’s fees under s. 713.29. The written demand must include
 1138  the following warning in conspicuous type in substantially the
 1139  following form:
 1140         WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT
 1141  WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL
 1142  RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY
 1143  ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING
 1144  THIS STATEMENT.
 1145         (6)Any written demand served on the owner shall include a
 1146  description of the project, including the names of the
 1147  contractor and the lienor’s customer as set forth in the
 1148  lienor’s notice to owner, sufficient for the owner to properly
 1149  identify the project in question.
 1150         (7)(6) For purposes of this section, the term “information”
 1151  means the nature and quantity of the labor, services, and
 1152  materials furnished or to be furnished by a lienor and the
 1153  amount paid, the amount due, and the amount to become due on the
 1154  lienor’s account.
 1155         Section 8. Section 713.18, Florida Statutes, is amended to
 1156  read:
 1157         713.18 Manner of serving notices and other instruments.—
 1158         (1) Service of notices, claims of lien, affidavits,
 1159  assignments, and other instruments permitted or required under
 1160  this part, or copies thereof when so permitted or required,
 1161  unless otherwise specifically provided in this part, must be
 1162  made by one of the following methods:
 1163         (a) By actual delivery to the person to be served; if a
 1164  partnership, to one of the partners; if a corporation, to an
 1165  officer, director, managing agent, or business agent; or, if a
 1166  limited liability company, to a member or manager.
 1167         (b) By sending the same by common carrier delivery service
 1168  or registered, global express guaranteed, or certified mail,
 1169  with postage prepaid, and or by overnight or second-day delivery
 1170  with evidence of delivery, which may be in an electronic format.
 1171         (c) If the method specified in paragraph (a) or paragraph
 1172  (b) cannot be accomplished, By posting on the site of the
 1173  improvement if service as provided by paragraph (a) or paragraph
 1174  (b) cannot be accomplished premises.
 1175         (2) Notwithstanding subsection (1), service of if a notice
 1176  to owner, a notice to contractor under s. 713.23, or a
 1177  preliminary notice under s. 255.05 is mailed by registered or
 1178  certified mail with postage prepaid to the person to be served
 1179  at any of the addresses set forth in subsection (3) within 40
 1180  days after the date the lienor first furnishes labor, services,
 1181  or materials, service of that notice is effective as of the date
 1182  of mailing if:
 1183         (a)The notice is mailed by registered, global express
 1184  guaranteed, or certified mail, with postage prepaid, to the
 1185  person to be served at any of the addresses set forth in
 1186  subsection (3);
 1187         (b)The notice is mailed within 40 days after the date the
 1188  lienor first furnishes labor, services, or materials; and
 1189         (c)1. The person who served the notice maintains a
 1190  registered or certified mail log that shows the registered or
 1191  certified mail number issued by the United States Postal
 1192  Service, the name and address of the person served, and the date
 1193  stamp of the United States Postal Service confirming the date of
 1194  mailing; or if
 1195         2. The person who served the notice maintains electronic
 1196  tracking records generated through use of the United States
 1197  Postal Service Confirm service or a similar service containing
 1198  the postal tracking number, the name and address of the person
 1199  served, and verification of the date of receipt by the United
 1200  States Postal Service.
 1201         (3)(a)Service of If an instrument served pursuant to this
 1202  section is effective on the date of mailing if the instrument:
 1203         1.Was sent to the last address shown in the notice of
 1204  commencement or any amendment thereto or, in the absence of a
 1205  notice of commencement, to the last address shown in the
 1206  building permit application, or to the last known address of the
 1207  person to be served; and, is not received, but
 1208         2. Is returned as being “refused,” “moved, not
 1209  forwardable,” or “unclaimed,” or is otherwise not delivered or
 1210  deliverable through no fault of the person serving the item,
 1211  then service is effective on the date the instrument was sent.
 1212         (b)If the address information shown in the notice of
 1213  commencement or any amendment to the notice, or in the absence
 1214  of a notice of commencement, in the building permit application,
 1215  is incomplete for purposes of mailing or delivery, the person
 1216  serving the item may complete the address and properly format it
 1217  according to United States Postal Service addressing standards
 1218  using information obtained from the property appraiser or
 1219  another public record or directory without affecting the
 1220  validity of service under this section.
 1221         (4) A notice served by a lienor on one owner or one partner
 1222  of a partnership owning the real property If the real property
 1223  is owned by more than one person or a partnership, a lienor may
 1224  serve any notices or other papers under this part on any one of
 1225  such owners or partners, and such notice is deemed notice to all
 1226  owners and partners.
 1227         Section 9. Section 713.22, Florida Statutes, is amended to
 1228  read:
 1229         713.22 Duration of lien.—
 1230         (1) A No lien provided by this part may not shall continue
 1231  for a longer period than 1 year after the claim of lien has been
 1232  recorded or 1 year after the recording of an amended claim of
 1233  lien that shows a later date of final furnishing of labor,
 1234  services, or materials, unless within that time an action to
 1235  enforce the lien is commenced in a court of competent
 1236  jurisdiction. A lien that has been continued beyond the 1-year
 1237  period The continuation of the lien effected by the commencement
 1238  of an the action is shall not enforceable be good against
 1239  creditors or subsequent purchasers for a valuable consideration
 1240  and without notice, unless a notice of lis pendens is recorded.
 1241         (2) An owner or the owner’s agent or attorney may elect to
 1242  shorten the time prescribed in subsection (1) within which to
 1243  commence an action to enforce any claim of lien or claim against
 1244  a bond or other security under s. 713.23 or s. 713.24 by
 1245  recording in the clerk’s office a notice in substantially the
 1246  following form:
 1247                      NOTICE OF CONTEST OF LIEN                    
 1248  To: ...(Name and address of lienor)...
 1249  You are notified that the undersigned contests the claim of lien
 1250  filed by you on ...., ...(year)..., and recorded in .... Book
 1251  ...., Page ...., of the public records of .... County, Florida,
 1252  and that the time within which you may file suit to enforce your
 1253  lien is limited to 60 days from the date of service of this
 1254  notice. This .... day of ...., ...(year).....
 1255  Signed: ...(Owner or Attorney)...
 1256  
 1257  The lien of any lienor upon whom such notice is served and who
 1258  fails to institute a suit to enforce his or her lien within 60
 1259  days after service of such notice shall be extinguished
 1260  automatically. The clerk shall mail a copy of the notice of
 1261  contest to the lien claimant at the address shown in the claim
 1262  of lien or most recent amendment thereto, by certified or
 1263  registered mail, return receipt requested, and shall certify to
 1264  such service on the face of such notice and record the notice.
 1265  Service shall be deemed complete upon mailing.
 1266         Section 10. Paragraph (e) of subsection (1) and subsections
 1267  (2) and (4) of section 713.23, Florida Statutes, are amended to
 1268  read:
 1269         713.23 Payment bond.—
 1270         (1)
 1271         (e) An No action for the labor or materials or supplies may
 1272  not be instituted or prosecuted against the contractor or surety
 1273  unless both notices have been given. An No action may not shall
 1274  be instituted or prosecuted against the contractor or against
 1275  the surety on the bond under this section after 1 year from the
 1276  performance of the labor or completion of delivery of the
 1277  materials and supplies. The time period for bringing an action
 1278  against the contractor or surety on the bond shall be measured
 1279  from the last day of furnishing labor, services, or materials by
 1280  the lienor. The time period may and shall not be measured by
 1281  other standards, such as the issuance of a certificate of
 1282  occupancy or the issuance of a certificate of substantial
 1283  completion. A contractor or the contractor’s agent or attorney
 1284  may elect to shorten the prescribed time within which an action
 1285  to enforce any claim against a payment bond provided under this
 1286  section or s. 713.245 must may be commenced at any time after a
 1287  notice of nonpayment, if required, has been served for the claim
 1288  by recording in the clerk’s office a notice in substantially the
 1289  following form:
 1290                     NOTICE OF CONTEST OF CLAIM                    
 1291                        AGAINST PAYMENT BOND                       
 1292  To: ...(Name and address of lienor)...
 1293         You are notified that the undersigned contests your notice
 1294  of nonpayment, dated ...., ...., and served on the undersigned
 1295  on ...., ...., and that the time within which you may file suit
 1296  to enforce your claim is limited to 60 days from the date of
 1297  service of this notice.
 1298  
 1299  DATED on ...., .....
 1300  
 1301  Signed: ...(Contractor or Attorney)...
 1302  
 1303  The claim of any lienor upon whom the notice is served and who
 1304  fails to institute a suit to enforce his or her claim against
 1305  the payment bond within 60 days after service of the notice
 1306  shall be extinguished automatically. The clerk shall mail a copy
 1307  of the notice of contest to the lienor at the address shown in
 1308  the notice of nonpayment or most recent amendment thereto, by
 1309  certified or registered mail, return receipt requested, and
 1310  shall certify to such service on the face of the notice and
 1311  record the notice. Service is complete upon mailing.
 1312         (2) The bond shall secure every lien under the direct
 1313  contract accruing subsequent to its execution and delivery,
 1314  except that of the contractor. Every claim of lien, except that
 1315  of the contractor, filed subsequent to execution and delivery of
 1316  the bond shall be transferred to it with the same effect as
 1317  liens transferred under s. 713.24. Record notice of the transfer
 1318  shall be effected by the contractor, or any person having an
 1319  interest in the property against which the claim of lien has
 1320  been asserted, by recording in the clerk’s office a notice in
 1321  substantially the following form:
 1322                           NOTICE OF BOND                          
 1323  
 1324  To ...(Name and Address of Lienor)...
 1325  
 1326  You are notified that the claim of lien filed by you on ....,
 1327  ...., and recorded in Official Records Book .... at page .... of
 1328  the public records of .... County, Florida, is secured by a
 1329  bond, a copy being attached.
 1330  
 1331  Signed: ...(Name of person recording notice)...
 1332  
 1333  The notice shall be verified. The clerk shall mail a copy of the
 1334  notice to the lienor at the address shown in the claim of lien,
 1335  or the most recent amendment to it; shall certify to the service
 1336  on the face of the notice; and shall record the notice. The
 1337  clerk shall receive the same fee as prescribed in s. 713.24 s.
 1338  713.24(1) for certifying to a transfer of lien.
 1339         (4) The provisions of s. 713.24(7) s. 713.24(3) shall apply
 1340  to bonds under this section.
 1341         Section 11. Section 713.24, Florida Statutes, is amended to
 1342  read:
 1343         713.24 Transfer of liens to security.—
 1344         (1) A Any lien claimed under this part may be transferred,
 1345  by a any person having an interest in the real property upon
 1346  which the lien is imposed or the contract under which the lien
 1347  is claimed, from such real property to other security by either:
 1348         (a) Depositing in the clerk’s office a sum of money;, or
 1349         (b) Filing in the clerk’s office a bond executed as surety
 1350  by a surety insurer licensed to do business in this state.,
 1351         (2)The security must either to be in an amount equal: to
 1352         (a) The amount demanded in the such claim of lien;, plus
 1353         (b) Interest on the claim thereon at the legal rate for 3
 1354  years, plus $1,000 or 25 percent of the amount demanded in the
 1355  claim of lien, whichever is greater, to apply on any attorney’s
 1356  fees and court costs that may be taxed in any proceeding to
 1357  enforce the said lien.
 1358         (3)The security Such deposit or bond shall be conditioned
 1359  to pay any judgment or decree that which may be rendered for the
 1360  satisfaction of the lien for which such claim of lien was
 1361  recorded.
 1362         (4)A Upon making such deposit or filing such bond, the
 1363  clerk who receives other security for a lien:
 1364         (a) Shall make and record a certificate showing the
 1365  transfer of the lien from the real property to the security. The
 1366  clerk and shall serve mail a copy of the certificate and a copy
 1367  of the bond, if the lien was transferred to a bond, on thereof
 1368  by registered or certified mail to the lienor named in the claim
 1369  of lien so transferred, at the address stated in the claim
 1370  therein. When Upon filing the certificate of transfer is
 1371  recorded, the real property is shall thereupon be released from
 1372  the lien claimed, and the such lien is shall be transferred to
 1373  the other said security.
 1374         (b)May collect a service charge of no more than $20 for
 1375  making and serving the certificate. The clerk may collect an
 1376  additional charge of no more than $10 for each additional lien
 1377  transferred to the security. The clerk shall receive the
 1378  statutory service charges as prescribed in s. 28.24 for
 1379  recording the certificate and approving the bond.
 1380         (5) In the absence of allegations of privity between the
 1381  lienor and the owner, and subject to any order of the court
 1382  increasing the amount required for the lien transfer deposit or
 1383  bond, no other judgment or decree to pay money may be entered by
 1384  the court against the owner. The clerk shall be entitled to a
 1385  service charge for making and serving the certificate, in the
 1386  amount of up to $20. If the transaction involves the transfer of
 1387  multiple liens, an additional charge of up to $10 for each
 1388  additional lien shall be charged. For recording the certificate
 1389  and approving the bond, the clerk shall receive her or his usual
 1390  statutory service charges as prescribed in s. 28.24. Any number
 1391  of liens may be transferred to one such security.
 1392         (6)(2) Any excess of the security over the aggregate amount
 1393  of any judgments or decrees rendered plus costs actually taxed
 1394  shall be repaid to the party filing the same or her or his
 1395  successor in interest. Any deposit of money shall be considered
 1396  as paid into court and is shall be subject to the provisions of
 1397  law relative to payments of money into court and the disposition
 1398  of same.
 1399         (7)(3) Any party having an interest in such security or the
 1400  property from which the lien was transferred may at any time,
 1401  and any number of times, file a complaint in chancery in the
 1402  circuit court of the county where such security is deposited, or
 1403  file a motion in a pending action to enforce a lien, for an
 1404  order to require additional security, reduction of security,
 1405  change or substitution of sureties, payment of discharge
 1406  thereof, or any other matter affecting the said security. If the
 1407  court finds that the amount of the deposit or bond in excess of
 1408  the amount claimed in the claim of lien is insufficient to pay
 1409  the lienor’s attorney’s fees and court costs incurred in the
 1410  action to enforce the lien, the court must increase the amount
 1411  of the cash deposit or lien transfer bond. Nothing in This
 1412  section does not shall be construed to vest exclusive
 1413  jurisdiction in the circuit courts over transfer bond claims for
 1414  nonpayment of an amount within the monetary jurisdiction of the
 1415  county courts.
 1416         (8)(4) If a proceeding to enforce a transferred lien is not
 1417  commenced within the time specified in s. 713.22 or if it
 1418  appears that the transferred lien has been satisfied of record,
 1419  the clerk shall return the said security upon request of the
 1420  person depositing or filing the same, or the insurer. If a
 1421  proceeding to enforce a lien is commenced in a court of
 1422  competent jurisdiction within the time specified in s. 713.22
 1423  and, during such proceeding, the lien is transferred pursuant to
 1424  this section or s. 713.13(1)(e), an action commenced within 1
 1425  year after the transfer, unless otherwise shortened by operation
 1426  of law, in the same county or circuit court to recover against
 1427  the security shall be deemed to have been brought as of the date
 1428  of filing the action to enforce the lien, and the court has
 1429  shall have jurisdiction over the action.
 1430         Section 12. This act shall take effect October 1, 2010.