ENROLLED
       2022 Legislature                                          SB 352
       
       
       
       
       
       
                                                              2022352er
    1  
    2         An act relating to construction liens; amending s.
    3         713.135, F.S.; revising the threshold for determining
    4         whether certain direct contracts to repair or replace
    5         an existing heating or air-conditioning system are
    6         exempt from specified notice of commencement and
    7         applicability of lien requirements for authorities
    8         issuing building permits; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (d) of subsection (1) of section
   13  713.135, Florida Statutes, is amended to read:
   14         713.135 Notice of commencement and applicability of lien.—
   15         (1) When any person applies for a building permit, the
   16  authority issuing such permit shall:
   17         (d) Furnish to the applicant two or more copies of a form
   18  of notice of commencement conforming with s. 713.13. If the
   19  direct contract is greater than $2,500, the applicant shall file
   20  with the issuing authority prior to the first inspection either
   21  a certified copy of the recorded notice of commencement or a
   22  notarized statement that the notice of commencement has been
   23  filed for recording, along with a copy thereof. In the absence
   24  of the filing of a certified copy of the recorded notice of
   25  commencement, the issuing authority or a private provider
   26  performing inspection services may not perform or approve
   27  subsequent inspections until the applicant files by mail,
   28  facsimile, hand delivery, or any other means such certified copy
   29  with the issuing authority. The certified copy of the notice of
   30  commencement must contain the name and address of the owner, the
   31  name and address of the contractor, and the location or address
   32  of the property being improved. The issuing authority shall
   33  verify that the name and address of the owner, the name of the
   34  contractor, and the location or address of the property being
   35  improved which is contained in the certified copy of the notice
   36  of commencement is consistent with the information in the
   37  building permit application. The issuing authority shall provide
   38  the recording information on the certified copy of the recorded
   39  notice of commencement to any person upon request. This
   40  subsection does not require the recording of a notice of
   41  commencement prior to the issuance of a building permit. If a
   42  local government requires a separate permit or inspection for
   43  installation of temporary electrical service or other temporary
   44  utility service, land clearing, or other preliminary site work,
   45  such permits may be issued and such inspections may be conducted
   46  without providing the issuing authority with a certified copy of
   47  a recorded notice of commencement or a notarized statement
   48  regarding a recorded notice of commencement. This subsection
   49  does not apply to a direct contract to repair or replace an
   50  existing heating or air-conditioning system in an amount less
   51  than $15,000 $7,500.
   52         Section 2. This act shall take effect July 1, 2022.