July 17, 2019
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       Florida Senate - 2010                                     SB 510
       
       
       
       By Senator Wise
       
       
       
       
       5-00560-10                                             2010510__
    1                        A bill to be entitled                      
    2         An act relating to construction contracts; amending s.
    3         713.015, F.S.; requiring a contractor to provide an
    4         owner with a statement of an Owner’s Rights and
    5         Responsibilities Under Florida’s Construction Lien
    6         Law; requiring that a signed copy of the statement be
    7         filed with the building permit application; specifying
    8         the form and content of the notice; deleting the
    9         requirement that notice be included in the direct
   10         contract between the contractor and the owner;
   11         amending s. 713.13, F.S.; removing a warning provision
   12         from the Notice to Owner; amending s. 713.135, F.S.;
   13         providing that a building permit application may not
   14         be processed unless the signed statement of an Owner’s
   15         Rights and Responsibilities Under Florida’s
   16         Construction Lien Law is filed with the building
   17         permit authority; deleting the requirement that the
   18         permit authority provide the applicant with a printed
   19         statement relating to construction lien law; providing
   20         an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 713.015, Florida Statutes, is amended to
   25  read:
   26         713.015 Statement of owner’s rights and responsibilities
   27  Mandatory provisions for direct contracts.—
   28         (1) For any direct contract greater than $2,500 between an
   29  owner and a contractor, related to improvements to real property
   30  consisting of single or multiple family dwellings up to and
   31  including four units, the contractor must provide the owner with
   32  a statement of the owner’s rights and responsibilities under
   33  construction lien law as described in subsection (2), which must
   34  be must contain the following notice provision printed in no
   35  less than 12-point, capitalized, boldfaced type on the front
   36  page of the contract or on a separate page, signed by the owner
   37  and dated, and submitted with the original building permit
   38  application pursuant to s. 713.135. If the contractor applies
   39  for the building permit, the contractor must provide a copy of
   40  the filed document to the owner.:
   41  
   42  ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001
   43  713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR
   44  PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
   45  RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.
   46  THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR
   47  OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB
   48  SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED
   49  MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE
   50  ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR
   51  CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
   52  PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE
   53  SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
   54  SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED
   55  TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS
   56  CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
   57  REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY
   58  PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.”
   59  FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
   60  RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
   61         (2)The statement of an Owner’s Rights and Responsibilities
   62  Under Florida’s Construction Lien Law must be in substantially
   63  the following form, must include the information contained in
   64  the following form, and must include a copy of a Notice of
   65  Commencement as provided in s. 713.13(1), a Release and Waiver
   66  of Lien Upon Progress Payment as provided in s. 713.20(4), a
   67  Release and Waiver of Lien Upon Final Payment as provided in s.
   68  713.20(5), and a Contractor’s Final Payment Affidavit as
   69  provided in s. 713.06(3):
   70  
   71                 OWNER’S RIGHTS AND RESPONSIBILITIES               
   72                UNDER FLORIDA’S CONSTRUCTION LIEN LAW              
   73  
   74         ABOUT THIS DOCUMENT.—Florida law requires your contractor
   75  to provide you with this document and the attached statutory
   76  forms when you are contracting to make improvements to real
   77  property. Therefore, it is critical that you have some
   78  understanding of Florida’s construction lien and payment laws
   79  and take appropriate steps to protect your investment and
   80  fulfill your obligations to those who provide labor and
   81  materials for your project.
   82  
   83         You must acknowledge that you have received and read this
   84  document by signing on the signature page. The signed original
   85  document must be delivered to the building permit authority,
   86  along with the building permit application for your project.
   87  Your building permit application will not be processed unless
   88  this signed document is in the file. You should retain a copy of
   89  the filed document and the attached statutory forms so that you
   90  can follow the procedures described in the document and identify
   91  the proper statutory forms as you proceed with your construction
   92  project. If your contractor applies for the building permit, he
   93  or she must provide you with a copy.
   94  
   95         THE FLORIDA CONSTRUCTION LIEN LAW.—Part I of chapter 713,
   96  Florida Statutes (F.S.), governs private construction projects
   97  in this state. The complete text of this law can be found at
   98  www.leg.state.fl.us.
   99  
  100         Under this law, those who work on your property or provide
  101  materials and services and who are not paid in full have a right
  102  to enforce their claim for payment against your property. This
  103  claim is known as a construction lien. If your contractor or a
  104  subcontractor fails to pay subcontractors, sub-subcontractors,
  105  or material suppliers, those people who are owed money may look
  106  to your property for payment even if you have already paid your
  107  contractor in full. If you fail to pay your contractor, your
  108  contractor may also have a lien on your property. This means
  109  that if a lien is filed, your property could be sold against
  110  your will to pay for labor, materials, or other services that
  111  your contractor or a subcontractor may have failed to pay.
  112  
  113         The law also provides procedures to protect owners and
  114  guarantee that you will never have to pay more than the amount
  115  of your contract if you make proper payments. Although the
  116  construction lien law has many complexities, the steps owners
  117  can take to protect themselves and establish a “proper payment
  118  defense” are simple, but very important.
  119  
  120         STEP 1 — THE NOTICE OF COMMENCEMENT.—An owner is required
  121  by law to complete, sign, and record in the public records an
  122  accurate Notice of Commencement which contains certain specified
  123  information. The information contained in the recorded Notice of
  124  Commencement is relied upon by all parties who provide labor and
  125  materials to your project. A copy of the statutory Notice of
  126  Commencement form, s. 713.13, F.S., is attached to this
  127  document.
  128  
  129         If a lender is financing your project, the lender will
  130  assist you in completing the Notice of Commencement and is
  131  responsible for recording it in the public records. It is
  132  critical that your Notice of Commencement be recorded after any
  133  construction loan or mortgage documents are filed. If you do not
  134  have a lender, preparing and recording the Notice of
  135  Commencement is your responsibility. The Notice of Commencement
  136  must be recorded before commencing construction and posted on
  137  your jobsite. A copy of the recorded Notice of Commencement must
  138  be submitted to the building permit authority before the first
  139  building inspection.
  140  
  141         A Notice of Commencement expires 1 year following the date
  142  of recording unless otherwise stated. If 1 year is insufficient
  143  time for completing your project, specify a realistic date so
  144  that the Notice of Commencement does not expire before the
  145  completion of your project.
  146  
  147         STEP 2 — MONITOR THE DOCUMENTS AND NOTICES YOU RECEIVE.
  148  Pick up your certified mail. Most lien notices are served by
  149  certified mail and you need to know who is providing labor and
  150  materials to your project. Section 713.18, F.S., provides that
  151  any properly addressed notices that are returned to the sender
  152  through no fault of the sender are considered served on the date
  153  sent, so refusing certified mail only hurts you.
  154  
  155         If you expect to be absent for periods of time during your
  156  project, you should have an attorney or other agent in a
  157  position of trust who understands the law handle these details
  158  for you. Make sure someone is receiving your mail and taking
  159  steps to obtain the necessary lien releases before making
  160  payments to your contractor. If you receive anything that you do
  161  not understand, seek the assistance of an experienced
  162  construction law attorney.
  163  
  164         STEP 3 — OBTAIN SIGNED LIEN WAIVERS EACH TIME YOU MAKE A
  165  PAYMENT TO YOUR CONTRACTOR.—Each time you pay your contractor
  166  you should obtain a Waiver and Release of Lien form from the
  167  contractor and from anyone who serves you with a Notice to
  168  Owner. Make sure that each release waives lien rights against
  169  your project for work or materials furnished through the date of
  170  the work or materials that your payment covers. This date is
  171  probably not the date you are making the payment, but a date
  172  before the payment date through which labor and materials have
  173  been billed.
  174  
  175         There are two statutory Waiver and Release of Lien forms.
  176  The Waiver and Release of Lien Upon Progress Payment should be
  177  submitted by a contractor, subcontractor, or material supplier
  178  each time you make a payment to your contractor. The Waiver and
  179  Release of Lien Upon Final Payment should be submitted by your
  180  contractor, a subcontractor, or material supplier when they are
  181  finished furnishing all work or materials for your project. For
  182  example, when the plumber finishes all plumbing on your project
  183  and receives final payment from the contractor, you should
  184  obtain a Waiver and Release of Lien Upon Final Payment. Once you
  185  receive a final waiver from a contractor, subcontractor, or
  186  material supplier, you should not need another waiver unless
  187  they are hired to do additional work. A copy of both statutory
  188  Waiver and Release of Lien forms, s. 713.20, F.S., are attached
  189  to this document.
  190  
  191         STEP 4 — OBTAIN A CONTRACTOR’S FINAL PAYMENT AFFIDAVIT
  192  BEFORE YOU MAKE FINAL PAYMENT TO YOUR CONTRACTOR.—In addition to
  193  obtaining Final Waiver of Lien forms from the contractor and
  194  anyone who has served you with a Notice to Owner, you should
  195  obtain a Contractor’s Final Payment Affidavit before you make
  196  final payment to your contractor. This sworn affidavit should
  197  reflect that everyone who supplied labor and materials on your
  198  project has been paid in full, or should list those
  199  subcontractors and suppliers who are still owed money. Make sure
  200  that anyone listed as not being paid in full is paid before
  201  making final payment to your contractor. You have a right to
  202  rely on the information contained in the sworn affidavit when
  203  you make final payment to your contractor. A copy of the
  204  statutory Contractor’s Final Payment Affidavit form, s. 713.06,
  205  F.S., is attached to this document.
  206  
  207         IF YOU FOLLOW THESE FOUR SIMPLE STEPS, FLORIDA LAW WILL
  208  PROTECT YOU AND YOU SHOULD NEVER HAVE TO PAY TWICE FOR THE SAME
  209  LABOR OR MATERIALS.
  210  
  211             ADDITIONAL INFORMATION FOR YOUR PROTECTION            
  212  
  213         1.Always hire a Florida-licensed contractor. You can
  214  verify the license status of your contractor by accessing the
  215  website of the Department of Business and Professional
  216  Regulation at www.myflorida.com/dbpr and performing a licensee
  217  search. You can check under an individual name or, if your
  218  contractor is a company, under the business name, and then check
  219  to see who the qualifying licensee is for that company.
  220  
  221         2.Make sure that your contractor has the proper workers’
  222  compensation coverage, or an allowed workers’ compensation
  223  exemption, and carries sufficient builder’s risk insurance. The
  224  contractor should be able to provide you with current, valid
  225  certificates of insurance from his or her insurance agent.
  226  
  227         3.Never accept an obviously low bid. If it seems too good
  228  to be true, it probably is, and your construction project may be
  229  in trouble before you even begin.
  230  
  231         4.Some contractors require a reasonable deposit to cover
  232  the cost of plans and permitting. This is an acceptable
  233  practice. However, never pay substantial sums to a contractor in
  234  advance of the work being performed.
  235  
  236         5.If you receive documents or information that you do not
  237  understand, consult an experienced construction law attorney.
  238  
  239         6.Florida has a Homeowner’s Construction Recovery Fund
  240  that is funded through a portion of the building permit fees.
  241  This fund helps consumers who have been harmed by a licensed
  242  contractor. In order to be eligible to recover from this fund,
  243  you must have complied with the proper payment procedures as
  244  described in this document. For more information, contact the
  245  Construction Industry Licensing Board at
  246  www.myflorida.com/dbpr/pro/cilb.
  247  
  248                 OWNER’S ACKNOWLEDGEMENT AND RECEIPT               
  249  
  250  The undersigned owner(s) of Florida real property hereby
  251  acknowledges that the owner(s) is preparing to enter into a
  252  contract with _____________________________________________for
  253  the construction of real property improvements to the following
  254  described property (insert address or legal description):
  255         _________________________________________
  256  
  257         _________________________________________
  258  
  259         ...(Signature of Property Owner)......(Date)...
  260         ...(Address)...
  261         ...(Phone Number)...
  262  
  263         ...(Signature of Property Owner)......(Date)...
  264         ...(Address)...
  265         ...(Phone Number)...
  266  
  267         Attached Statutory Forms:
  268         Notice of Commencement
  269         Release and Waiver of Lien Upon Progress Payment
  270         Release and Waiver of Lien Upon Final Payment
  271         Contractor’s Final Payment Affidavit
  272  
  273         (2)(a)If the contract is written, the notice must be in
  274  the contract document. If the contract is oral or implied, the
  275  notice must be provided in a document referencing the contract.
  276         (3)(b) The failure to provide such written notice does not
  277  bar the enforcement of a lien against a person who has not been
  278  adversely affected.
  279         (4)(c) This section may not be construed to adversely
  280  affect the lien and bond rights of lienors who are not in
  281  privity with the owner. This section does not apply when the
  282  owner is a contractor licensed under chapter 489 or is a person
  283  who created parcels or offers parcels for sale or lease in the
  284  ordinary course of business.
  285         Section 2. Paragraph (d) of subsection (1) of section
  286  713.13, Florida Statutes, is amended to read:
  287         713.13 Notice of commencement.—
  288         (1)
  289         (d) A notice of commencement must be in substantially the
  290  following form:
  291  Permit No.....                                 Tax Folio No.....
  292                       NOTICE OF COMMENCEMENT                      
  293  State of....
  294  County of....
  295  The undersigned hereby gives notice that improvement will be
  296  made to certain real property, and in accordance with Chapter
  297  713, Florida Statutes, the following information is provided in
  298  this Notice of Commencement.
  299         1. Description of property: ...(legal description of the
  300  property, and street address if available)....
  301         2. General description of improvement:.....
  302         3. Owner information:.....
  303         a. Name and address:.....
  304         b. Interest in property:.....
  305         c. Name and address of fee simple titleholder (if other
  306  than Owner):.....
  307         4.a. Contractor: ...(name and address)....
  308         b. Contractor’s phone number:.....
  309         5. Surety
  310         a. Name and address:.....
  311         b. Phone number:.....
  312         c. Amount of bond: $.....
  313         6.a. Lender: ...(name and address)....
  314         b. Lender’s phone number:.....
  315         7.a. Persons within the State of Florida designated by
  316  Owner upon whom notices or other documents may be served as
  317  provided by Section 713.13(1)(a)7., Florida Statutes: ...(name
  318  and address)....
  319         b. Phone numbers of designated persons:.....
  320         8.a. In addition to himself or herself, Owner designates
  321  ............ of ............ to receive a copy of the Lienor’s
  322  Notice as provided in Section 713.13(1)(b), Florida Statutes.
  323         b. Phone number of person or entity designated by
  324  owner:.....
  325         9. Expiration date of notice of commencement (the
  326  expiration date is 1 year from the date of recording unless a
  327  different date is specified).....
  328  
  329  WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
  330  EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
  331  PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
  332  STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
  333  TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
  334  POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
  335  INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
  336  ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
  337  COMMENCEMENT.
  338  ...(Signature of Owner or Owner's Authorized
  339  Officer/Director/Partner/Manager)...
  340  ...(Signatory's Title/Office)...
  341  The foregoing instrument was acknowledged before me this ....
  342  day of ...., ...(year)..., by ...(name of person)... as ...(type
  343  of authority,...e.g. officer, trustee, attorney in fact)... for
  344  ...(name of party on behalf of whom instrument was executed)....
  345  ...(Signature of Notary Public - State of Florida)...
  346  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  347         Personally Known .... OR Produced Identification ....
  348         Type of Identification Produced............
  349  Verification pursuant to Section 92.525, Florida Statutes.
  350  Under penalties of perjury, I declare that I have read the
  351  foregoing and that the facts stated in it are true to the best
  352  of my knowledge and belief.
  353  ...(Signature of Natural Person Signing Above)...
  354         Section 3. Section 713.135, Florida Statutes, is amended to
  355  read:
  356         713.135 Building permit application Notice of commencement
  357  and applicability of lien.—
  358         (1) When any person applies for a building permit, the
  359  authority issuing such permit shall:
  360         (a) Require the applicant to submit the signed and dated
  361  statement of an Owner’s Rights and Responsibilities Under
  362  Florida’s Construction Lien Law described in s. 713.015. A
  363  building permit application may not be processed unless the
  364  signed document is in the file. Print on the face of each permit
  365  card in no less than 14-point, capitalized, boldfaced type:
  366  “WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
  367  COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
  368  YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
  369  POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
  370  INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
  371  ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.”
  372         (b)Provide the applicant and the owner of the real
  373  property upon which improvements are to be constructed with a
  374  printed statement stating that the right, title, and interest of
  375  the person who has contracted for the improvement may be subject
  376  to attachment under the Construction Lien Law. The Department of
  377  Business and Professional Regulation shall furnish, for
  378  distribution, the statement described in this paragraph, and the
  379  statement must be a summary of the Construction Lien Law and
  380  must include an explanation of the provisions of the
  381  Construction Lien Law relating to the recording, and the posting
  382  of copies, of notices of commencement and a statement
  383  encouraging the owner to record a notice of commencement and
  384  post a copy of the notice of commencement in accordance with s.
  385  713.13. The statement must also contain an explanation of the
  386  owner’s rights if a lienor fails to furnish the owner with a
  387  notice as provided in s. 713.06(2) and an explanation of the
  388  owner’s rights as provided in s. 713.22. The authority that
  389  issues the building permit must obtain from the Department of
  390  Business and Professional Regulation the statement required by
  391  this paragraph and must mail, deliver by electronic mail or
  392  other electronic format or facsimile, or personally deliver that
  393  statement to the owner or, in a case in which the owner is
  394  required to personally appear to obtain the permit, provide that
  395  statement to any owner making improvements to real property
  396  consisting of a single or multiple family dwelling up to and
  397  including four units. However, the failure by the authorities to
  398  provide the summary does not subject the issuing authority to
  399  liability.
  400         (c)In addition to providing the owner with the statement
  401  as required by paragraph (b), inform each applicant who is not
  402  the person whose right, title, and interest is subject to
  403  attachment that, as a condition to the issuance of a building
  404  permit, the applicant must promise in good faith that the
  405  statement will be delivered to the person whose property is
  406  subject to attachment.
  407         (b)(d) Furnish to the applicant two or more copies of a
  408  form of notice of commencement conforming with s. 713.13.
  409         (c) If the direct contract is greater than $2,500, the
  410  applicant shall file with the issuing authority before prior to
  411  the first inspection either a certified copy of the recorded
  412  notice of commencement or a notarized statement that the notice
  413  of commencement has been filed for recording, along with a copy
  414  thereof. In the absence of the filing of a certified copy of the
  415  recorded notice of commencement, the issuing authority or a
  416  private provider performing inspection services may not perform
  417  or approve subsequent inspections until the applicant files by
  418  mail, facsimile, hand delivery, or any other means such
  419  certified copy with the issuing authority. The certified copy of
  420  the notice of commencement must contain the name and address of
  421  the owner, the name and address of the contractor, and the
  422  location or address of the property being improved.
  423         1. The issuing authority must shall verify that the name
  424  and address of the owner, the name of the contractor, and the
  425  location or address of the property being improved which is
  426  contained in the certified copy of the notice of commencement is
  427  consistent with the information in the building permit
  428  application. The issuing authority shall provide the recording
  429  information on the certified copy of the recorded notice of
  430  commencement to any person upon request.
  431         2. This subsection does not require the recording of a
  432  notice of commencement as a condition of the application for,
  433  processing of, or prior to the issuance of a building permit. If
  434  a local government requires a separate permit or inspection for
  435  installation of temporary electrical service or other temporary
  436  utility service, land clearing, or other preliminary site work,
  437  such permits may be issued and such inspections may be conducted
  438  without providing the issuing authority with a certified copy of
  439  a recorded notice of commencement or a notarized statement
  440  regarding a recorded notice of commencement. This subsection
  441  does not apply to a direct contract to repair or replace an
  442  existing heating or air-conditioning system in an amount less
  443  than $7,500.
  444         (e)Not require that a notice of commencement be recorded
  445  as a condition of the application for, or processing or issuance
  446  of, a building permit. However, this paragraph does not modify
  447  or waive the inspection requirements set forth in this
  448  subsection.
  449         (2)An issuing authority under subsection (1) is not liable
  450  in any civil action for the failure of the person whose property
  451  is subject to attachment to receive or to be delivered a printed
  452  statement stating that the right, title, and interest of the
  453  person who has contracted for the improvement may be subject to
  454  attachment under the Construction Lien Law.
  455         3.(3) An issuing authority under subsection (1) is not
  456  liable in any civil action for the failure to verify that a
  457  certified copy of the recorded notice of commencement has been
  458  filed in accordance with this section.
  459         (2)(4) The several boards of county commissioners,
  460  municipal councils, or other similar bodies may by ordinance or
  461  resolution establish reasonable fees for furnishing copies of
  462  the forms and the printed statement provided in paragraphs
  463  (1)(b) and (d) in an amount not to exceed $5 to be paid by the
  464  applicant for each permit in addition to all other costs of the
  465  permit; however, no forms or statement need be furnished,
  466  mailed, or otherwise provided to, nor may such additional fee be
  467  obtained from, applicants for permits in those cases in which
  468  the owner of a legal or equitable interest, (including that of
  469  ownership of stock of a corporate landowner,) of the real
  470  property to be improved is engaged in the business of
  471  construction of buildings for sale to others and intends to make
  472  the improvements authorized by the permit on the property and
  473  upon completion will offer the improved real property for sale.
  474         (3)(5) In addition to any other information required by the
  475  authority issuing the permit, each building permit application
  476  must contain:
  477         (a) The name and address of the owner of the real property;
  478         (b) The name and address of the contractor;
  479         (c) A description sufficient to identify the real property
  480  to be improved; and
  481         (d) The number or identifying symbol assigned to the
  482  building permit by the issuing authority, which number or symbol
  483  must be affixed to the application by the issuing authority.
  484         (4)(6)(a) In addition to any other information required by
  485  the authority issuing the permit, the building permit
  486  application must be in substantially the following form:
  487  
  488  Tax Folio No.........
  489                     BUILDING PERMIT APPLICATION                   
  490  
  491  Owner’s Name....................................................
  492  Owner’s Address.................................................
  493  Fee Simple Titleholder’s Name (If other than owner).............
  494  Fee Simple Titleholder’s Address (If other than owner)..........
  495  City............................................................
  496  State............ Zip............
  497  Contractor’s Name...............................................
  498  Contractor’s Address............................................
  499  City............................................................
  500  State............ Zip............
  501  Job Name........................................................
  502  Job Address.....................................................
  503  City................                          County............
  504  Legal Description...............................................
  505  Bonding Company.................................................
  506  Bonding Company Address.........................................
  507  City................ State............
  508  Architect/Engineer’s Name.......................................
  509  Architect/Engineer’s Address....................................
  510  Mortgage Lender’s Name..........................................
  511  Mortgage Lender’s Address.......................................
  512  
  513         Application is hereby made to obtain a permit to do the
  514  work and installations as indicated. I certify that no work or
  515  installation has commenced before prior to the issuance of a
  516  permit and that all work will be performed to meet the standards
  517  of all laws regulating construction in this jurisdiction. I
  518  understand that a separate permit must be secured for ELECTRICAL
  519  WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
  520  TANKS, and AIR CONDITIONERS, etc.
  521  OWNER’S AFFIDAVIT: I certify that all the foregoing information
  522  is accurate and that all work will be done in compliance with
  523  all applicable laws regulating construction and zoning.
  524         WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
  525         COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR
  526         IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
  527         COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB
  528         SITE BEFORE THE FIRST INSPECTION.
  529         IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
  530         LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR
  531         RECORDING YOUR NOTICE OF COMMENCEMENT.
  532  
  533  ...(Signature of Owner or Agent)...
  534  
  535  ...(including contractor)...
  536  STATE OF FLORIDA
  537  COUNTY OF ....
  538  
  539         Sworn to (or affirmed) and subscribed before me this ....
  540  day of ...., ...(year)..., by ...(name of person making
  541  statement)....
  542  
  543  ...(Signature of Notary Public - State of Florida)...
  544  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  545         Personally Known .... OR Produced Identification ....
  546         Type of Identification Produced............
  547  ...(Signature of Contractor)...
  548  
  549  
  550  STATE OF FLORIDA
  551  COUNTY OF ....
  552  
  553         Sworn to (or affirmed) and subscribed before me this ....
  554  day of ...., ...(year)..., by ...(name of person making
  555  statement)....
  556  ...(Signature of Notary Public - State of Florida)...
  557  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  558         Personally Known .... OR Produced Identification ....
  559         Type of Identification Produced............
  560                 (Certificate of Competency Holder)                
  561  
  562  Contractor’s State Certification or Registration No.....
  563  
  564  Contractor’s Certificate of Competency No.........
  565  
  566  APPLICATION APPROVED BY
  567  ................Permit Officer
  568         (5)(b) Consistent with the requirements of subsection (4)
  569  paragraph (a), an authority responsible for issuing building
  570  permits under this section may accept a building permit
  571  application in an electronic format, as prescribed by the
  572  authority.
  573         (a) Building permit applications submitted to the authority
  574  electronically must contain the following additional statement
  575  in lieu of the requirement in subsection (4) paragraph (a) that
  576  a signed, sworn, and notarized signature of the owner or agent
  577  and the contractor be part of the owner’s affidavit:
  578  
  579  OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
  580  perjury, I declare that all the information contained in this
  581  building permit application is true and correct.
  582         (b)(c) An authority that responsible for issuing building
  583  permit applications which accepts building permit applications
  584  in an electronic format must shall provide public Internet
  585  access to the electronic building permit applications in a
  586  searchable format.
  587         (6)Each permit issued by the permitting authority must
  588  include the following statement in at least 14-point,
  589  capitalized, boldfaced type: A NOTICE OF COMMENCEMENT MUST BE
  590  RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.
  591  IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR
  592  AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
  593         (7) This section applies to every municipality and county
  594  in the state which now has or hereafter may have a system of
  595  issuing building permits for the construction of improvements or
  596  for the alteration or repair of improvements on or to real
  597  property located within the geographic limits of the issuing
  598  authority.
  599         Section 4. This act shall take effect July 1, 2010.

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