December 07, 2019
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Amendment CaShTmL-090100.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for SB 1600
    Amendment No. ___   Barcode 090100
                            CHAMBER ACTION
              Senate                               House
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       04/26/2004 05:35 PM         .                    
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11  Senator Argenziano moved the following amendment to amendment
12  (554528):
13  
14         Senate Amendment (with title amendment) 
15         On page 5, between lines 29 and 30,
16  
17  insert:  
18         Section 2.  Section 713.015, Florida Statutes, is
19  amended to read:
20         713.015  Mandatory provisions for direct
21  contracts.--Any direct contract between an owner and a
22  contractor, related to improvements to real property
23  consisting of single or multiple family dwellings up to and
24  including four units, must contain the following provision
25  printed in capital letters no less than the same size
26  18-point, capitalized, boldfaced type used in the body of the
27  contract:
28  
29  ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS
30  713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR
31  PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A
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    8:49 AM   04/26/04                               s1600.go03.ee

SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 090100 1 RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR 2 PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR 3 CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, 4 SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO MAKE 5 OTHER LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE OWED MONEY 6 MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID 7 YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, 8 YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS 9 MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST 10 YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT 11 YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. 12 FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS 13 RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES, YOU 14 CONSULT AN ATTORNEY. 15 Section 3. Subsection (7) of section 713.02, Florida 16 Statutes, is amended to read: 17 713.02 Types of lienors and exemptions.-- 18 (7) Notwithstanding any other provision of this part, 19 no lien shall exist in favor of any contractor, subcontractor, 20 or sub-subcontractor who is unlicensed as provided in s. 21 489.128 or s. 489.532. Notwithstanding any other provision of 22 this part, if a contract is rendered unenforceable by an 23 unlicensed contractor, subcontractor, or sub-subcontractor 24 pursuant to s. 489.128 or s. 489.532, such unenforceability 25 shall not affect the rights of any other persons to enforce 26 contract, lien, or bond remedies and shall not affect the 27 obligations of a surety that has provided a bond on behalf of 28 the unlicensed contractor, subcontractor, or 29 sub-subcontractor. It shall not be a defense to any claim on a 30 bond or indemnity agreement that the principal or indemnitor 31 is unlicensed as provided in s. 489.128 or s. 489.532. 2 8:49 AM 04/26/04 s1600.go03.ee
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 090100 1 Section 4. Subsection (3) of section 713.04, Florida 2 Statutes, is amended, and subsection (4) is added to that 3 section, to read: 4 713.04 Subdivision improvements.-- 5 (3) The owner shall not pay any money on account of a 6 direct contract before actual furnishing of labor and services 7 or materials for subdivision improvements. Any such The 8 payment not complying with such requirement shall not qualify 9 as a proper payment under this chapter section. 10 (4) The owner shall make final payment on account of a 11 direct contract only after the contractor complies with s. 12 713.06(3)(d). Any such payment not complying with such 13 requirement shall not qualify as a proper payment under this 14 chapter. 15 Section 5. Paragraph (c) of subsection (4) of section 16 713.08, Florida Statutes, is amended to read: 17 713.08 Claim of lien.-- 18 (4) 19 (c) The claim of lien shall be served on the owner. 20 Failure to serve any claim of lien in the manner provided in 21 s. 713.18 before recording or within 15 days after recording 22 shall render the claim of lien voidable to the extent that the 23 failure or delay is shown to have been prejudicial to any 24 person entitled to rely on the service. 25 Section 6. Paragraph (e) of subsection (1) of section 26 713.13, Florida Statutes, is amended to read: 27 713.13 Notice of commencement.-- 28 (1) 29 (e) A copy of any bond must be attached at the time of 30 recordation of the notice of commencement. The failure to 31 attach a copy of the bond to the notice of commencement when 3 8:49 AM 04/26/04 s1600.go03.ee
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 090100 1 the notice is recorded negates the exemption provided in s. 2 713.02(6). However, if such a bond exists but is not recorded, 3 the bond may be used as a transfer bond pursuant to s. 713.24. 4 The bond shall be deemed a transfer bond under s. 713.24 for 5 all purposes at the time of recordation of the notice of bond 6 and the clerk's mailing as provided in s. 713.23(2). The 7 notice requirements of s. 713.23 apply to any claim against 8 the bond; however, the time limits for serving the notice 9 shall run from the latter of the time specified in s. 713.23 10 or the date the notice of bond is served on the lienor. 11 Section 7. Paragraph (b) of subsection (1) and 12 subsection (4) of section 713.135, Florida Statutes, are 13 amended, and paragraph (e) is added to subsection (1) of that 14 section, to read: 15 713.135 Notice of commencement and applicability of 16 lien.-- 17 (1) When any person applies for a building permit, the 18 authority issuing such permit shall: 19 (b) Provide the applicant and the owner of the real 20 property upon which improvements are to be constructed with a 21 printed statement stating that the right, title, and interest 22 of the person who has contracted for the improvement may be 23 subject to attachment under the Construction Lien Law. The 24 Department of Business and Professional Regulation shall 25 furnish, for distribution, the statement described in this 26 paragraph, and the statement must be a summary of the 27 Construction Lien Law and must include an explanation of the 28 provisions of the Construction Lien Law relating to the 29 recording, and the posting of copies, of notices of 30 commencement and a statement encouraging the owner to record a 31 notice of commencement and post a copy of the notice of 4 8:49 AM 04/26/04 s1600.go03.ee
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 090100 1 commencement in accordance with s. 713.13. The statement must 2 also contain an explanation of the owner's rights if a lienor 3 fails to furnish the owner with a notice as provided in s. 4 713.06(2) and an explanation of the owner's rights as provided 5 in s. 713.22. The authority that issues the building permit 6 must obtain from the Department of Business and Professional 7 Regulation the statement required by this paragraph and must 8 mail, deliver by electronic mail or other electronic format or 9 facsimile, or personally deliver that statement to the owner 10 or, in the case in which the owner is required to personally 11 appear to obtain the permit, provide that statement to any 12 owner making improvements to real property consisting of a 13 single or multiple family dwelling up to and including four 14 units. However, the failure by the authorities to provide the 15 summary does not subject the issuing authority to liability. 16 (e) Nothing in this subsection shall be construed to 17 require a notice of commencement to be recorded as a condition 18 to the issuance of a building permit. 19 (4) The several boards of county commissioners, 20 municipal councils, or other similar bodies may by ordinance 21 or resolution establish reasonable fees for furnishing copies 22 of the forms and the printed statement provided in paragraphs 23 (1)(b) and paragraph (1)(d) in an amount not to exceed $5 to 24 be paid by the applicant for each permit in addition to all 25 other costs of the permit; however, no forms or statement need 26 be furnished, mailed, or otherwise provided to, nor may such 27 additional fee be obtained from, applicants for permits in 28 those cases in which the owner of a legal or equitable 29 interest (including that of ownership of stock of a corporate 30 landowner) of the real property to be improved is engaged in 31 the business of construction of buildings for sale to others 5 8:49 AM 04/26/04 s1600.go03.ee
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 090100 1 and intends to make the improvements authorized by the permit 2 on the property and upon completion will offer the improved 3 real property for sale. 4 Section 8. Subsection (4) of section 713.24, Florida 5 Statutes, is amended to read: 6 713.24 Transfer of liens to security.-- 7 (4) If a proceeding to enforce a transferred lien is 8 not commenced within the time specified in s. 713.22 or if it 9 appears that the transferred lien has been satisfied of 10 record, the clerk shall return said security upon request of 11 the person depositing or filing the same, or the insurer. If a 12 proceeding to enforce a lien is commenced in a court of 13 competent jurisdiction within the time specified in s. 713.22 14 and, subsequent to the expiration of the proceeding, the lien 15 is transferred pursuant to s. 713.24, an action commenced to 16 recover against the security shall be deemed to have been 17 brought as of the date of filing the action to enforce the 18 lien. 19 Section 9. Paragraph (b) of subsection (1) of section 20 713.345, Florida Statutes, is amended to read: 21 713.345 Moneys received for real property 22 improvements; penalty for misapplication.-- 23 (1) 24 (b) Any person who knowingly and intentionally fails 25 to comply with paragraph (a) is guilty of misapplication of 26 construction funds, punishable as follows: 27 1. If the amount of payments misapplied has an 28 aggregate value of $100,000 or more, the violator is guilty of 29 a felony of the first degree, punishable as provided in s. 30 775.082, s. 775.083, or s. 775.084. 31 2. If the amount of payments misapplied has an 6 8:49 AM 04/26/04 s1600.go03.ee
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 090100 1 aggregate value of $20,000 or more but less than $100,000, the 2 violator is guilty of a felony of the second degree, 3 punishable as provided in s. 775.082, s. 775.083, or s. 4 775.084. 5 3. If the amount of payments misapplied has an 6 aggregate value of less than $20,000, the violator is guilty 7 of a felony of the third degree, punishable as provided in s. 8 775.082, s. 775.083, or s. 775.084. 9 Section 10. Subsection (1) of section 713.3471, 10 Florida Statutes, is amended to read: 11 713.3471 Lender responsibilities with construction 12 loans.-- 13 (1) Prior to a lender making the first any loan 14 disbursement on any construction loan secured by residential 15 property directly to the owner, which for purposes of this 16 section means an individual owner only, or jointly to the 17 owner and any other party, the lender shall give the following 18 written notice to the owner borrowers in bold type larger than 19 any other type on the page: 20 21 WARNING! 22 23 YOUR LENDER IS MAKING A LOAN DISBURSEMENT 24 DIRECTLY TO YOU AS THE OWNER BORROWER, OR 25 JOINTLY TO YOU AND ANOTHER PARTY. TO PROTECT 26 YOURSELF FROM HAVING TO PAY TWICE FOR THE SAME 27 LABOR, SERVICES, OR MATERIALS USED IN MAKING 28 THE IMPROVEMENTS TO YOUR PROPERTY, BE SURE THAT 29 YOU REQUIRE YOUR CONTRACTOR TO GIVE YOU LIEN 30 RELEASES FROM EACH LIENOR WHO HAS SENT YOU A 31 NOTICE TO OWNER EACH TIME YOU MAKE A PAYMENT TO 7 8:49 AM 04/26/04 s1600.go03.ee
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 090100 1 YOUR CONTRACTOR. 2 3 (Redesignate subsequent sections.) 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 On page 8, line 3, after the semicolon 9 10 insert: 11 amending s. 713.015, F.S.; revising a direct 12 contract provision requirement; amending s. 13 713.02, F.S.; protecting the rights of certain 14 persons to enforce certain contract, lien, or 15 bond remedies or contractual obligations under 16 certain circumstances; precluding certain 17 defenses; amending s. 713.04, F.S.; revising 18 certain final payment requirements; amending s. 19 713.08, F.S.; requiring a claim of lien to be 20 served on an owner; amending s. 713.13, F.S.; 21 clarifying use of a payment bond as a transfer 22 bond; amending s. 713.135, F.S., revising 23 certain notice of commencement and 24 applicability of lien requirements for certain 25 authorities issuing building permits; amending 26 s. 713.24, F.S.; preserving certain lien rights 27 when filing a transfer bond after commencing 28 certain lien enforcement proceedings; amending 29 s. 713.345, F.S.; increasing certain criminal 30 penalties for misapplication of construction 31 funds; amending s. 713.3471, F.S.; revising a 8 8:49 AM 04/26/04 s1600.go03.ee
SENATE AMENDMENT Bill No. CS for SB 1600 Amendment No. ___ Barcode 090100 1 notice requirement concerning the disbursement 2 of payments on construction loans; requiring 3 that the notice be provided to the owner; 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 8:49 AM 04/26/04 s1600.go03.ee
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