Florida Senate - 2023 SB 562
By Senator Gruters
22-00544A-23 2023562__
1 A bill to be entitled
2 An act relating to notices of commencement; amending
3 s. 713.13, F.S.; requiring the Department of Business
4 and Professional Regulation to furnish for
5 distribution a uniform notice of commencement;
6 requiring owners and authorized agents of owners to
7 use such uniform notice; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (d) of subsection (1) of section
12 713.13, Florida Statutes, is amended to read:
13 713.13 Notice of commencement.—
14 (1)
15 (d) The Department of Business and Professional Regulation
16 shall furnish for distribution a uniform notice of commencement
17 must be in substantially the following form, and an owner or an
18 owner’s authorized agent must use such uniform notice of
19 commencement for the purposes of this subsection:
20
21 Permit No..... Tax Folio No.....
22 NOTICE OF COMMENCEMENT
23 State of....
24 County of....
25
26 The undersigned hereby gives notice that improvement will be
27 made to certain real property, and in accordance with Chapter
28 713, Florida Statutes, the following information is provided in
29 this Notice of Commencement.
30 1. Description of property: ...(legal description of the
31 property, and street address if available)....
32 2. General description of improvement:.....
33 3. Owner information or Lessee information if the Lessee
34 contracted for the improvement:
35 a. Name and address:.....
36 b. Interest in property:.....
37 c. Name and address of fee simple titleholder (if different
38 from Owner listed above):.....
39 4.a. Contractor: ...(name and address)....
40 b. Contractor’s phone number:.....
41 5. Surety (if applicable, a copy of the payment bond is
42 attached):
43 a. Name and address:.....
44 b. Phone number:.....
45 c. Amount of bond: $.....
46 6.a. Lender: ...(name and address)....
47 b. Lender’s phone number:.....
48 7. Persons within the State of Florida designated by Owner
49 upon whom notices or other documents may be served as provided
50 by Section 713.13(1)(a)7., Florida Statutes:
51 a. Name and address:.....
52 b. Phone numbers of designated persons:.....
53 8.a. In addition to himself or herself, Owner designates
54 ............ of ............ to receive a copy of the Lienor’s
55 Notice as provided in Section 713.13(1)(b), Florida Statutes.
56 b. Phone number of person or entity designated by
57 owner:.....
58 9. Expiration date of notice of commencement (the
59 expiration date will be 1 year from the date of recording unless
60 a different date is specified).....
61
62 WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
63 EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
64 PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
65 STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
66 TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
67 POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
68 INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
69 ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
70 COMMENCEMENT.
71
72 ...(Signature of Owner or Lessee, or Owner’s or Lessee’s
73 Authorized Officer/Director/Partner/Manager)...
74
75 ...(Signatory’s Title/Office)...
76
77 The foregoing instrument was acknowledged before me this ....
78 day of ...., ...(year)..., by ...(name of person)... as ...(type
79 of authority, . . . e.g. officer, trustee, attorney in fact)...
80 for ...(name of party on behalf of whom instrument was
81 executed)....
82
83 ...(Signature of Notary Public - State of Florida)...
84
85 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
86
87 Personally Known .... OR Produced Identification ....
88
89 Type of Identification Produced............
90 Section 2. This act shall take effect July 1, 2023.