Florida Senate - 2016 SB 1618 By Senator Hutson 6-01113A-16 20161618__ 1 A bill to be entitled 2 An act relating to real property; amending s. 153.67, 3 F.S.; requiring a district water or sewer system that 4 imposes a lien to provide an Internet-based procedure 5 for furnishing an estoppel certificate to a property 6 owner; providing criteria for the certificate based on 7 whether foreclosure of a lien has been filed; 8 providing fees; providing for waiver of right to a 9 lien under certain circumstances; amending s. 159.17, 10 F.S.; requiring a municipality that imposes a lien to 11 provide an Internet-based procedure for furnishing an 12 estoppel certificate to a property owner; providing 13 criteria for the certificate based on whether 14 foreclosure of a lien has been filed; providing for 15 waiver of right to a lien under certain circumstances; 16 requiring a governmental entity or quasi-governmental 17 entity that wishes to create a lien against real 18 property pursuant to a non-ad valorem or special 19 assessment to record a notice with certain 20 information; amending s. 553.79, F.S.; requiring an 21 application for a building permit for the 22 construction, alteration, or repair of improvements to 23 be in a specified form; amending s. 713.13, F.S.; 24 revising requirements for the form of a notice of 25 commencement for improving real property; amending s. 26 713.135, F.S.; providing for expiration and renewal of 27 a building permit; providing the application form for 28 renewal; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 153.67, Florida Statutes, is amended to 33 read: 34 153.67 Unpaid fees to constitute lien.— 35 (1) In the event that the fees, rates, or charges for the 36 services and facilities of any district water or sewer system 37 shall not be paid as and when due, any unpaid balance thereof 38 and all interest accruing thereon shall be a lien on any parcel 39 or property affected thereby. Such lienliensshall be superior 40 and paramount to the interest on such parcel or property of any 41 owner, lessee, tenant, mortgagee or other person except the lien 42 of county taxes and shall be on a parity with the lien of any 43 such county taxes. In the event that any such sumservice charge44 shall not be paid as and when due and shall be in default for 30 45thirtydays or more, the unpaid balance thereof and all interest 46 accrued thereon, together with attorneyattorneysfees and 47 costs, may be recovered by the district in a civil action, and 48 any such lien and accrued interest may be foreclosed or 49 otherwise enforced by the district by action or suit in equity 50 as for the foreclosure of a mortgage on real property. 51 (2) A district water or sewer system that imposes a lien 52 pursuant to this section must provide an Internet-based 53 procedure for furnishing to an owner of real property subject to 54 the lien an estoppel certificate listing the total amount due 55 from the owner of a parcel. Notice of the Internet-based 56 procedure shall be recorded in the official records of the 57 county in which the district is located. Failure to record the 58 notice constitutes a waiver of any lien imposed pursuant to this 59 section. The lien for all amounts due from the property as of 60 the date of delivery shall be the lesser of the actual amount 61 owed or the amount of the lien in the certificate. 62 (a) If the district has not filed for foreclosure of the 63 lien: 64 1. The certificate must be dated as of the date of 65 delivery. 66 2. The certificate must list all fees, rates, and charges 67 due as of that date. 68 3. The certificate must be furnished within 5 business days 69 after the request. 70 4. The fee for preparation and delivery of the certificate 71 must not exceed $25. 72 (b) If the district has filed for foreclosure of the lien: 73 1. The certificate must be dated as of the date of 74 delivery. 75 2. The certificate must list all fees, rates, charges, 76 interest, attorney fees, costs, and foreclosure costs due as of 77 that date. 78 3. The certificate must be furnished within 20 days after 79 the request. 80 4. The fee for preparation and delivery of the certificate 81 must not exceed $250. 82 (c) If a district fails to timely provide the certificate 83 required by this subsection and the property is transferred to a 84 buyer within 30 days after the request, the district waives its 85 right to a lien for sums due before the transfer but may still 86 pursue the sums owed in a civil action against the former parcel 87 owner. 88 Section 2. Section 159.17, Florida Statutes, is amended to 89 read: 90 159.17 Lien of service charges.— 91 (1) Any municipality issuing revenue bonds hereunder shall 92 have a lien on all lands or premises served by any water system, 93 sewer system, or gas system for all service charges for such 94 facilities until paid, which liens shall be prior to all other 95 liens on such lands or premises except the lien of state, 96 county, and municipal taxes and shall be on a parity with the 97 lien of such state, county, and municipal taxes. Such liens, 98 together with interest, attorney fees, and costs, when 99 delinquent for more than 30 days, may be foreclosed by such 100 municipality in the manner provided by the laws of Florida for 101 the foreclosure of mortgages on real property. 102 (2) A municipality that imposes a lien pursuant to this 103 section must provide an Internet-based procedure for furnishing 104 to an owner of real property subject to the lien an estoppel 105 certificate listing the total amount due from the owner of a 106 parcel. Notice of the Internet-based procedure shall be recorded 107 in the official records of the county in which the municipality 108 is located. Failure to record the notice constitutes a waiver of 109 any lien imposed pursuant to this section. The lien for all 110 amounts due from the property as of the date of delivery shall 111 be the lesser of the actual amount owed or the amount of the 112 lien in the certificate. 113 (a) If the municipality has not filed for foreclosure of 114 the lien: 115 1. The certificate must be dated as of the date of 116 delivery. 117 2. The certificate must list all fees, rates, and charges 118 due as of that date. 119 3. The certificate must be furnished within 5 business days 120 after the request. 121 4. The fee for preparation and delivery of the certificate 122 must not exceed $25. 123 (b) If the municipality has filed for foreclosure of the 124 lien: 125 1. The certificate must be dated as of the date of 126 delivery. 127 2. The certificate must list all fees, rates, charges, 128 interest, attorney fees, costs, and foreclosure costs due as of 129 that date. 130 3. The certificate must be furnished within 20 days after 131 the request. 132 4. The fee for preparation and delivery of the certificate 133 must not exceed $250. 134 (c) If a municipality fails to timely provide the 135 certificate required by this subsection and the property is 136 transferred to a buyer within 30 days after the request, the 137 municipality waives its right to a lien for sums due before the 138 transfer but may still pursue the sums owed in a civil action 139 against the former parcel owner. 140 Section 3. A governmental entity or quasi-governmental 141 entity that desires to create a lien against real property 142 pursuant to a non-ad valorem or special assessment shall record 143 a notice in the official records of the county in which the 144 applicable real property is located. The notice shall contain 145 sufficient information to identify the applicability of the non 146 ad valorem or special assessment to real property. 147 Section 4. Subsection (1) of section 553.79, Florida 148 Statutes, is amended to read: 149 553.79 Permits; applications; issuance; inspections.— 150 (1)(a) After the effective date of the Florida Building 151 Code adopted as herein provided, it shall be unlawful for any 152 person, firm, corporation, or governmental entity to construct, 153 erect, alter, modify, repair, or demolish any building within 154 this state without first obtaining a permit therefor from the 155 appropriate enforcing agency or from such persons as may, by 156 appropriate resolution or regulation of the authorized state or 157 local enforcing agency, be delegated authority to issue such 158 permits, upon the payment of such reasonable fees adopted by the 159 enforcing agency. The enforcing agency is empowered to revoke 160 any such permit upon a determination by the agency that the 161 construction, erection, alteration, modification, repair, or 162 demolition of the building for which the permit was issued is in 163 violation of, or not in conformity with, the provisions of the 164 Florida Building Code. Whenever a permit required under this 165 section is denied or revoked because the plan, or the 166 construction, erection, alteration, modification, repair, or 167 demolition of a building, is found by the local enforcing agency 168 to be not in compliance with the Florida Building Code, the 169 local enforcing agency shall identify the specific plan or 170 project features that do not comply with the applicable codes, 171 identify the specific code chapters and sections upon which the 172 finding is based, and provide this information to the permit 173 applicant. Installation, replacement, removal, or metering of 174 any load management control device is exempt from and shall not 175 be subject to the permit process and fees otherwise required by 176 this section. 177 (b) A person, firm, corporation, or governmental entity 178 that applies for a building permit for the construction of 179 improvements or for the alteration or repair of improvements on 180 or to real property shall apply for such permit in the form 181 required under s. 713.135. 182 Section 5. Paragraph (d) of subsection (1) of section 183 713.13, Florida Statutes, is amended to read: 184 713.13 Notice of commencement.— 185 (1) 186 (d) A notice of commencement must be in substantially the 187 following form: 188 189 Permit No..... Tax Folio No..... 190 NOTICE OF COMMENCEMENT 191 State of.... 192 County of.... 193 194 The undersigned hereby gives notice that improvement will be 195 made to certain real property, and in accordance with Chapter 196 713, Florida Statutes, the following information is provided in 197 this Notice of Commencement. 198 1. Description of property: ...(legal description of the 199 property, and street address if available).... 200 2. General description of improvement:..... 201 3. Owner information or Lessee information if the Lessee 202 contracted for the improvement: 203 a. Name and address:..... 204 b. Interest in property:..... 205 c. Name and address of fee simple titleholder (if different 206 from Owner listed above):..... 207 4.a. Contractor: ...(name and address).... 208 b. Contractor’s phone number:..... 209 5. Surety (if applicable, a copy of the payment bond is 210 attached): 211 a. Name and address:..... 212 b. Phone number:..... 213 c. Amount of bond: $..... 214 6.a. Lender: ...(name and address).... 215 b. Lender’s phone number:..... 216 7. Persons within the State of Florida designated by Owner 217 upon whom notices or other documents may be served as provided 218 by Section 713.13(1)(a)7., Florida Statutes: 219 a. Name and address:..... 220 b. Phone numbers of designated persons:..... 221 8.a. In addition to himself or herself, Owner designates 222 ............ of ............ to receive a copy of the Lienor’s 223 Notice as provided in Section 713.13(1)(b), Florida Statutes. 224 b. Phone number of person or entity designated by 225 owner:..... 226 9. Expiration date of notice of commencement (the 227 expiration date will be 1 year from the date of recording unless 228 a different date is specified)..... 229 10. Permit number, applicable local enforcement agency, and 230 issuance date of building permit, which shall expire in 231 accordance with Section 713.135(7), Florida Statutes:..... 232 233 WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE 234 EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER 235 PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA 236 STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS 237 TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND 238 POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU 239 INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN 240 ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF 241 COMMENCEMENT. 242 243 ...(Signature of Owner or Lessee, or Owner’s or Lessee’s 244 Authorized Officer/Director/Partner/Manager)... 245 246 ...(Signatory’s Title/Office)... 247 248 The foregoing instrument was acknowledged before me this .... 249 day of ...., ...(year)..., by ...(name of person)... as ...(type 250 of authority, . . . e.g. officer, trustee, attorney in fact)... 251 for ...(name of party on behalf of whom instrument was 252 executed).... 253 254 ...(Signature of Notary Public - State of Florida)... 255 256 ...(Print, Type, or Stamp Commissioned Name of Notary Public)... 257 258 Personally Known .... OR Produced Identification .... 259 260 Type of Identification Produced............ 261 Section 6. Subsection (7) of section 713.135, Florida 262 Statutes, is renumbered as subsection (9), and new subsections 263 (7) and (8) are added to that section, to read: 264 713.135 Notice of commencement and applicability of lien.— 265 (7) A building permit, including a site-specific building 266 permit under s. 553.794, shall expire: 267 (a) One year after the date of issue if the permit has not 268 been renewed pursuant to subsection (8); 269 (b) Six months after the application date if a permit has 270 not been issued and an extension of time has not been granted; 271 (c) Six months after the date of issue if work: 272 1. Has not been commenced; 273 2. Has been suspended or abandoned for 6 months; or 274 3. Has not had the required inspection within 6 months; 275 (d) On the date of issue of a certificate of completion or 276 certificate of occupancy; or 277 (e) On the expiration date of a notice of commencement if 278 the notice of commencement indicates that the expiration date is 279 less than 1 year after the date of recording. 280 (8)(a) A building permit is deemed automatically renewed if 281 a permitholder files a notice of renewal before the expiration 282 date of the permit. Upon renewal, the building permit is subject 283 to expiration as provided in subsection (7). 284 (b) An owner or an owner’s authorized agent, before the 285 expiration of the permit and before continuing work, shall 286 record a notice of renewal in the clerk’s office and post at the 287 construction site a certified copy of such notice or a notarized 288 statement indicating the notice of renewal was filed for 289 recording. The notice of renewal must be in substantially the 290 following form: 291 292 Tax Folio No..... 293 BUILDING PERMIT NOTICE OF RENEWAL 294 Permit Number:..... 295 Local Enforcement Agency:..... 296 Issuance Date of Building Permit:..... 297 Date of Last Inspection:.... 298 299 Notice is hereby given of the renewal of the building 300 permit listed above. I certify that all work will be performed 301 to meet the standard of all laws regulating construction in this 302 jurisdiction. I understand that a separate notice of renewal 303 must be recorded for a permit for electrical work, plumbing, 304 signs, wells, pools, furnaces, boilers, heaters, tanks, and air 305 conditioners, etc. 306 OWNER’S AFFIDAVIT: I certify that all the foregoing 307 information is accurate and that all work will be done in 308 compliance with all applicable laws regulating construction and 309 zoning. 310 WARNING TO OWNER: Your failure to record a current notice 311 of commencement may result in your paying twice for improvements 312 to your property. A notice of commencement must be recorded and 313 posted at the job site before continuing work. 314 IF YOU INTEND TO OBTAIN FINANCING: consult with your lender 315 or an attorney before continuing work or recording your notice 316 of commencement or notice of renewal. 317 ...(Signature of Owner or Agent)... 318 ...(Signature of Contractor)... 319 STATE OF FLORIDA 320 COUNTY OF .... 321 Sworn to (or affirmed) and subscribed before me this ... 322 (day of) ..., ...(year)..., by ...(name of person making 323 statement).... 324 ...(Signature of Notary Public-State of Florida)... 325 ...(Print, Type, or Stamp Commissioned Name of Notary 326 Public)... 327 Personally Known .... OR Produced Identification .... 328 Type of Identification Produced .... 329 ...(Signature of Contractor)... 330 STATE OF FLORIDA 331 COUNTY OF .... 332 Sworn to (or affirmed) and subscribed before me this ... 333 (day of) ..., ...(year)..., by ...(name of person making 334 statement).... 335 ...(Signature of Notary Public-State of Florida)... 336 ...(Print, Type, or Stamp Commissioned Name of Notary 337 Public)... 338 Personally Known .... OR Produced Identification .... 339 Type of Identification Produced .... 340 ...(Certificate of Competency Holder...) 341 Contractor’s State Certification or Registration No. .... 342 Contractor’s Certificate of Competency No. .... 343 NOTICE OF RENEWAL APPROVED BY 344 .... Permit Officer 345 346 (c) At the time a notice of renewal is filed, a 347 permitholder shall also amend the notice of commencement as 348 provided in s. 713.13(5). 349 Section 7. This act shall take effect July 1, 2016.