April 04, 2020
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_h0693__
HB 693

1
A bill to be entitled
2An act relating to construction bonds; amending s. 255.05,
3F.S.; requiring that a surety record in the public records
4a payment bond for a public works construction project;
5requiring that the bond number be stated on the first page
6of a bond; prohibiting the issuing authority for a
7building permit or a private provider providing inspection
8services from inspecting the property being improved until
9the occurrence of certain events; providing that a payment
10and performance bond is not required for certain
11contracts; authorizing certain entities to exempt certain
12contracts from the requirement for a payment and
13performance bond; requiring that the clerk of court serve
14a notice of contest of lien; amending s. 713.015, F.S.;
15requiring that a contractor provide an owner with a
16general statement of an owner's rights and
17responsibilities under Florida's Construction Lien Law;
18requiring that a signed copy of the statement be filed
19with the building permit application; specifying the form
20and content of the statement; deleting the requirement
21that notice be included in the direct contract between the
22contractor and the owner; amending s. 713.06, F.S.;
23revising the form of a notice for liens of persons not in
24privity; amending s. 713.09, F.S.; including units in
25provisions relating to a single claim of lien; deleting
26certain requirements relating to direct contracts;
27amending s. 713.13, F.S.; providing for the expiration of
28a notice of commencement; revising the form of a notice of
29commencement; requiring the posting of a payment bond on a
30job site; amending s. 713.135, F.S.; revising the warning
31to the owner printed on certain permit cards; deleting a
32requirement relating to the filing of a notice of
33commencement before certain inspections; revising the
34warning to the owner provided on a building permit form;
35deleting provisions requiring the authority issuing a
36building permit to provide certain statements and
37information; creating s. 713.137, F.S.; prohibiting the
38authority issuing a building permit or a private provider
39providing inspection services from inspecting an
40improvement until certain documents have been filed and
41the information in the notice of commencement meets
42certain standards; providing exceptions; amending s.
43713.16, F.S.; revising requirements for demands for a copy
44of a construction contract and a statement of account;
45authorizing a lienor who submits or mails a claim of lien
46to the clerk for recording to make certain demands to an
47owner for certain written statements; providing
48requirements for such written demands; amending s. 713.18,
49F.S.; providing additional methods by which certain items
50may be served by mail; specifying information required on
51certain written instruments under certain circumstances;
52amending s. 713.22, F.S.; requiring that the clerk of
53court serve a notice of contest of lien; amending s.
54713.23, F.S.; requiring that the clerk of court serve a
55notice of contest of nonpayment; conforming cross-
56references; amending s. 713.24, F.S.; requiring that the
57clerk of court serve a copy of the certificate showing the
58transfer of a lien and a copy of the security if the lien
59is transferred to a security; providing an effective date.
60
61Be It Enacted by the Legislature of the State of Florida:
62
63     Section 1.  Subsection (1) and paragraph (a) of subsection
64(2) of section 255.05, Florida Statutes, are amended to read:
65     255.05  Bond of contractor constructing public buildings;
66form; action by materialmen.-
67     (1)(a)  Any person entering into a formal contract with the
68state or any county, municipality city, or political subdivision
69thereof, or other public authority or private entity, for the
70construction of a public building, for the prosecution and
71completion of a public work, or for repairs upon a public
72building or public work shall be required, before commencing the
73work or before recommencing the work after a default or
74abandonment, to execute and, deliver to the public owner, and
75record in the public records of the county where the improvement
76is located, a payment and performance bond with a surety insurer
77authorized to do business in this state as surety.
78     (a)  A public entity may not require a contractor to secure
79a surety bond under this section from a specific agent or
80bonding company.
81     (b)  The bond must state on its front page: the name,
82principal business address, and phone number of the contractor,
83the surety, the owner of the property being improved, and, if
84different from the owner, the contracting public entity; the
85contract number assigned by the contracting public entity; the
86bond number assigned by the surety; and a description of the
87project sufficient to identify it, such as a legal description
88or the street address of the property being improved, and a
89general description of the improvement.
90     (c)  Such bond shall be conditioned upon the contractor's
91performance of the construction work in the time and manner
92prescribed in the contract and promptly making payments to all
93persons defined in s. 713.01 who furnish labor, services, or
94materials for the prosecution of the work provided for in the
95contract.
96     (d)  The contractor shall, upon issuance, record the
97payment bond in the public records of the county in which the
98improvement will be located.
99     (e)1.  The issuing authority for the building permit, or a
100private provider providing inspection services, may not inspect
101the property being improved until:
102     a.  The issuing authority has a copy of the contractor's
103recorded payment bond on file; or
104     b.  The contracting public entity has filed with the
105issuing authority a notarized statement stating that the
106contract is exempt from the requirement for a payment bond as
107provided in this section.
108     2.  This paragraph does not apply to inspections for the
109installation of temporary electrical service or other temporary
110utility service, land clearing, or other preliminary site work.
111     (f)  Any claimant may apply to the governmental entity
112having charge of the work for copies of the contract and bond
113and shall thereupon be furnished with a certified copy of the
114contract and bond. The claimant has shall have a right of action
115against the contractor and surety for the amount due him or her,
116including unpaid finance charges due under the claimant's
117contract. Such action shall not involve the public authority in
118any expense.
119     (g)1.  A payment and performance bond is not required for a
120contract with the state for $100,000 or less. When such work is
121done for the state and the contract is for $100,000 or less, no
122payment and performance bond shall be required.
123     2.  At the discretion of The official or board awarding a
124such contract when such work is done for a any county,
125municipality city, political subdivision, or public authority
126may exempt a contract, any person entering into such a contract
127which is for $200,000 or less from the requirement for a may be
128exempted from executing the payment and performance bond.
129     3.  When such work is done for the state, The Secretary of
130Management Services may delegate to a state agency agencies the
131authority to exempt any person entering into such a contract for
132amounting to more than $100,000 but less than $200,000 from the
133requirement for a executing the payment and performance bond. If
134In the event such exemption is granted, the officer or officials
135are shall not be personally liable to persons suffering loss
136because of granting such exemption. The Department of Management
137Services shall maintain information on the number of requests by
138state agencies for delegation of authority to waive the bond
139requirements by agency and project number and whether any
140request for delegation was denied and the justification for the
141denial.
142     (h)  Any provision in a payment bond furnished for public
143work contracts as provided by this subsection which restricts
144the classes of persons as defined in s. 713.01 protected by the
145bond or the venue of any proceeding relating to such bond is
146unenforceable.
147     (i)(b)  The Department of Management Services shall adopt
148rules with respect to all contracts for $200,000 or less, to
149provide:
150     1.  Procedures for retaining up to 10 percent of each
151request for payment submitted by a contractor and procedures for
152determining disbursements from the amount retained on a pro rata
153basis to laborers, materialmen, and subcontractors, as defined
154in s. 713.01.
155     2.  Procedures for requiring certification from laborers,
156materialmen, and subcontractors, as defined in s. 713.01, prior
157to final payment to the contractor that such laborers,
158materialmen, and subcontractors have no claims against the
159contractor resulting from the completion of the work provided
160for in the contract.
161
162The state is shall not be held liable to any laborer,
163materialman, or subcontractor for any amounts greater than the
164pro rata share as determined under this section.
165     (j)(c)1.  The amount of the bond shall equal the contract
166price, except that for a contract in excess of $250 million, if
167the state, county, municipality, political subdivision, or other
168public entity finds that a bond in the amount of the contract
169price is not reasonably available, the public owner shall set
170the amount of the bond at the largest amount reasonably
171available, but not less than $250 million.
172     2.  For construction-management or design-build contracts,
173if the public owner does not include in the bond amount the cost
174of design or other nonconstruction services, the bond may not be
175conditioned on performance of such services or payment to
176persons furnishing such services. Notwithstanding paragraph (h)
177(a), such a bond may exclude persons furnishing such services
178from the classes of persons protected by the bond.
179     (2)(a)1.  If a claimant is no longer furnishing labor,
180services, or materials on a project, a contractor or the
181contractor's agent or attorney may elect to shorten the
182prescribed time in this paragraph within which an action to
183enforce any claim against a payment bond must provided pursuant
184to this section may be commenced by recording in the clerk's
185office a notice in substantially the following form:
186
187
NOTICE OF CONTEST OF CLAIM
188
AGAINST PAYMENT BOND
189
190To: ...(Name and address of claimant)...
191
192     You are notified that the undersigned contests your notice
193of nonpayment, dated _______________, __________, and served on
194the undersigned on _______________, __________, and that the
195time within which you may file suit to enforce your claim is
196limited to 60 days after the date of service of this notice.
197     DATED on _______________, __________.
198
199Signed:...(Contractor or Attorney)...
200
201The claim of any claimant upon whom such notice is served and
202who fails to institute a suit to enforce his or her claim
203against the payment bond within 60 days after service of such
204notice shall be extinguished automatically. The clerk shall
205serve mail a copy of the notice of contest to the claimant at
206the address shown in the notice of nonpayment or most recent
207amendment thereto and shall certify to such service on the face
208of such notice and record the notice. Service is complete upon
209mailing.
210     2.  A claimant, except a laborer, who is not in privity
211with the contractor shall, before commencing or not later than
21245 days after commencing to furnish labor, services, or
213materials for the prosecution of the work, furnish the
214contractor with a written notice that he or she intends to look
215to the bond for protection. A claimant who is not in privity
216with the contractor and who has not received payment for his or
217her labor, services, or materials shall deliver to the
218contractor and to the surety written notice of the performance
219of the labor or delivery of the materials or supplies and of the
220nonpayment. The notice of nonpayment may be served at any time
221during the progress of the work or thereafter but not before 45
222days after the first furnishing of labor, services, or
223materials, and not later than 90 days after the final furnishing
224of the labor, services, or materials by the claimant or, with
225respect to rental equipment, not later than 90 days after the
226date that the rental equipment was last on the job site
227available for use. Any notice of nonpayment served by a claimant
228who is not in privity with the contractor which includes sums
229for retainage must specify the portion of the amount claimed for
230retainage. An No action for the labor, materials, or supplies
231may not be instituted against the contractor or the surety
232unless both notices have been given. Notices required or
233permitted under this section may be served in accordance with s.
234713.18. A claimant may not waive in advance his or her right to
235bring an action under the bond against the surety. In any action
236brought to enforce a claim against a payment bond under this
237section, the prevailing party is entitled to recover a
238reasonable fee for the services of his or her attorney for trial
239and appeal or for arbitration, in an amount to be determined by
240the court, which fee must be taxed as part of the prevailing
241party's costs, as allowed in equitable actions. The time periods
242for service of a notice of nonpayment or for bringing an action
243against a contractor or a surety shall be measured from the last
244day of furnishing labor, services, or materials by the claimant
245and shall not be measured by other standards, such as the
246issuance of a certificate of occupancy or the issuance of a
247certificate of substantial completion.
248     Section 2.  Section 713.015, Florida Statutes, is amended
249to read:
250     713.015  General statement of owner's rights and
251responsibilities Mandatory provisions for direct contracts.-
252     (1)  For any direct contract greater than $2,500 between an
253owner and a contractor, related to improvements to real property
254consisting of single or multiple family dwellings up to and
255including four units, the contractor must provide the owner with
256a copy of the signed and dated general statement of an owner's
257rights and responsibilities under Florida's Construction Lien
258Law as described in subsection (2), which must be contain the
259following notice provision printed in no less than 12-point,
260capitalized, boldfaced type on the front page of the contract or
261on a separate page, signed by the owner and dated, and submitted
262with the original building permit application pursuant to s.
263713.135. If the contractor applies for the building permit, the
264contractor must provide to the owner a signed and dated copy of
265the general statement of an owner's rights and
266responsibilities.:
267     (2)  The general statement of an owner's rights and
268responsibilities under Florida's Construction Lien Law must be
269in substantially the following form, must include the
270information contained in the following form, and must include a
271copy of a notice of commencement as provided in s. 713.13(1), a
272waiver and release of lien upon progress payment as provided in
273s. 713.20(4), a waiver and release of lien upon final payment as
274provided in s. 713.20(5), a request for sworn statement of
275account as provided in s. 713.16, and a contractor's final
276payment affidavit as provided in s. 713.06(3):
277
278
GENERAL STATEMENT OF
279
OWNER'S RIGHTS AND RESPONSIBILITIES
280
UNDER FLORIDA'S CONSTRUCTION LIEN LAW
281
282     ABOUT THIS DOCUMENT.-Florida law requires your contractor
283to provide you with this document and the attached statutory
284forms when you are contracting to make improvements to real
285property. Therefore, it is critical that you have some
286understanding of Florida's construction lien and payment laws
287and take appropriate steps to protect your investment and
288fulfill your obligations to those who provide labor and
289materials for your project.
290
291     You must acknowledge that you have received and read this
292document by signing on the signature page. The signed original
293document must be delivered to the building permit authority,
294along with the building permit application for your project.
295Your building permit application will not be processed unless
296this signed document is in the file. You need to retain a copy
297of the filed document and the attached statutory forms so that
298you can follow the procedures described in the document and
299identify the proper statutory forms as you proceed with your
300construction project. If your contractor applies for the
301building permit, he or she must provide you with a copy of the
302signed and dated general statement of an owner's rights and
303responsibilities.
304
305     THE FLORIDA CONSTRUCTION LIEN LAW.-Part I of chapter 713,
306Florida Statutes (F.S.), governs private construction projects
307in this state. The complete text of this law can be found at
308www.leg.state.fl.us. This general statement is intended as a
309guide and does not take precedence over the language of
310Florida's Construction Lien Law.
311
312     Under this law, those who work on your property or provide
313materials and services and who are not paid in full have a right
314to enforce their claim for payment against your property. This
315claim is known as a construction lien. If your contractor or a
316subcontractor fails to pay subcontractors, sub-subcontractors,
317or material suppliers, those people who are owed money may look
318to your property for payment even if you have already paid your
319contractor in full. If you fail to pay your contractor, your
320contractor may also have a lien on your property. This means
321that if a lien is filed, your property could be sold against
322your will to pay for labor, materials, or other services that
323your contractor or a subcontractor may have failed to pay.
324
325     The law also provides procedures to protect owners and
326guarantee that you will never have to pay more than the amount
327of your contract if you make proper payments. Although the
328construction lien law has many complexities, the steps owners
329can take to protect themselves and establish a "proper payment
330defense" are simple, but very important.
331
332     STEP 1 - THE NOTICE OF COMMENCEMENT.-An owner is required
333by law to complete, sign, and record in the public records an
334accurate Notice of Commencement for all direct contracts that
335exceed $2,500, which notice provides certain specified
336information. The information provided in the recorded Notice of
337Commencement is relied upon by all parties who provide labor and
338materials to your project. A copy of the statutory Notice of
339Commencement form, s. 713.13, F.S., is attached to this
340document.
341
342     If a lender is financing your project, the lender will
343assist you in completing the Notice of Commencement and is
344responsible for recording it in the public records. It is
345critical that your Notice of Commencement be recorded after any
346construction loan or mortgage documents are recorded. If you do
347not have a lender, preparing and recording the Notice of
348Commencement is your responsibility. The Notice of Commencement
349must be recorded before commencing construction and posted on
350your jobsite. For most projects, a copy of the recorded Notice
351of Commencement must be submitted to the building permit
352authority before the first building inspection.
353
354     STEP 2 - MONITOR THE DOCUMENTS AND NOTICES YOU RECEIVE.-
355Pick up your certified mail. Most lien notices are served by
356certified mail and you need to know who is providing labor and
357materials to your project. Section 713.18, F.S., provides that
358any properly addressed notices that are returned to the sender
359through no fault of the sender are considered served on the date
360sent, so failing to claim certified mail only hurts you.
361
362     If you expect to be absent for periods of time during your
363project, you should have an attorney or other agent in a
364position of trust who understands the law handle these details
365for you. Make sure someone is receiving your mail and taking
366steps to obtain the necessary lien releases before making
367payments to your contractor. If you receive anything that you do
368not understand, seek the assistance of an experienced
369construction law attorney.
370
371     STEP 3 - OBTAIN SIGNED LIEN WAIVERS EACH TIME YOU MAKE A
372PAYMENT TO YOUR CONTRACTOR.-Each time you pay your contractor
373you should obtain a Waiver and Release of Lien form from the
374contractor and from anyone who serves you with a Notice to
375Owner. Make sure that each release waives lien rights against
376your project for work or materials furnished through the date of
377the work or materials that your payment covers. This date is
378probably not the date you are making the payment, but a date
379before the payment date through which labor and materials have
380been billed.
381
382     UNDER FLORIDA LAW, YOU HAVE THE RIGHT TO WITHHOLD PAYMENTS
383DUE TO THE CONTRACTOR UNTIL YOU HAVE BEEN PROVIDED WITH A
384WRITTEN WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT FORM OR
385A WRITTEN WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT FORM
386SHOWING THAT THE LIENOR'S CLAIM FOR PAYMENT HAS BEEN PAID.
387
388     There are two statutory Waiver and Release of Lien forms.
389The signed Waiver and Release of Lien Upon Progress Payment
390should be submitted by a contractor, subcontractor, or material
391supplier each time you make a payment to your contractor. The
392signed Waiver and Release of Lien Upon Final Payment should be
393submitted by your contractor, a subcontractor, or material
394supplier when they are finished furnishing all work or materials
395for your project and have received final payment. For example,
396when the plumber finishes all plumbing on your project and
397receives final payment from the contractor, you should obtain a
398Waiver and Release of Lien Upon Final Payment. Once you receive
399a final waiver from a contractor, subcontractor, or material
400supplier, you should not need another waiver unless they are
401hired to do additional work. A copy of both statutory Waiver and
402Release of Lien forms, s. 713.20, F.S., is attached to this
403document.
404
405     STEP 4 - OBTAIN A CONTRACTOR'S FINAL PAYMENT AFFIDAVIT
406BEFORE YOU MAKE FINAL PAYMENT TO YOUR CONTRACTOR.-In addition to
407obtaining Final Waiver and Release of Lien forms from the
408contractor and anyone who has served you with a Notice to Owner,
409you should obtain a Contractor's Final Payment Affidavit before
410you make final payment to your contractor. This sworn affidavit
411should reflect that everyone who supplied labor and materials on
412your project has been paid in full or should list those
413subcontractors and suppliers who are still owed money. Make sure
414that anyone listed as not being paid in full is paid before
415making final payment to your contractor. You have a right to
416rely on the information contained in the sworn affidavit when
417you make final payment to your contractor with respect to any
418lienor who has not served a Notice to Owner. A copy of the
419statutory Contractor's Final Payment Affidavit form, s. 713.06,
420F.S., is attached to this document.
421
422     IF YOU FOLLOW THESE FOUR SIMPLE STEPS, FLORIDA LAW WILL
423PROTECT YOU AND YOU SHOULD NEVER HAVE TO PAY TWICE FOR THE SAME
424LABOR OR MATERIALS.
425
426
ADDITIONAL INFORMATION FOR YOUR PROTECTION
427
428     1.  Always hire a Florida-licensed contractor. You can
429verify the license status of your contractor by accessing the
430website of the Department of Business and Professional
431Regulation at www.myflorida.com/dbpr and performing a licensee
432search. You can check under an individual name or, if your
433contractor is a company, under the business name and then check
434to see who the qualifying licensee is for that company.
435
436     2.  Make sure that your contractor has the proper workers'
437compensation coverage, or an allowed workers' compensation
438exemption, and carries sufficient builder's risk or commercial
439liability insurance. The contractor should be able to provide
440you with current, valid certificates of insurance from his or
441her insurance agent.
442
443     3.  Use caution before accepting an obviously low bid. If
444it seems too good to be true, it probably is, and your
445construction project may be in trouble before you even begin.
446
447     4.  Some contractors require a reasonable deposit to cover
448the cost of plans and permitting. This is an acceptable
449practice. However, you should use caution before paying
450substantial sums to a contractor in advance of the work being
451performed.
452
453     5.  At any time during the construction process if you need
454contract or payment information from anyone providing labor,
455services, or materials to your project, you have the right to
456make a written request to them for a Sworn Statement of Account
457to ascertain the nature of the work performed or to be
458performed, the materials furnished or to be furnished, the
459amounts paid or to be paid, or the amounts due or to become due
460to them. The form for this written Request for Sworn Statement
461of Account is attached to this statement. If you received a
462Notice to Owner from the person to whom you wish to send such a
463request, make sure you address the request to the person,
464company, and address listed in the Notice to Owner. The request
465must be served by you in accordance with lien law provisions
466(usually by hand delivery, certified mail, or overnight
467delivery) and you should make sure to request and keep the proof
468of delivery.
469
470     6.  If you receive documents or information that you do not
471understand, consult an experienced construction law attorney.
472
473     7.  Florida has a Homeowners' Construction Recovery Fund
474that is funded through a portion of the building permit fees.
475This fund helps consumers who have been harmed by a licensed
476contractor. In order to be eligible to recover from this fund,
477you must have complied with the proper payment procedures as
478described in this document. For more information, contact the
479Construction Industry Licensing Board at
480www.myflorida.com/dbpr/pro/cilb.
481
482     8.  You have the right to require that a contractor furnish
483a payment bond so that the owner is exempt from the Construction
484Lien Law. If there is a payment bond, a lienor must file a claim
485on the payment bond for payment rather than file a lien on the
486property. However, if you require a payment bond, understand
487that the payment bond will likely increase the cost of your
488construction.
489
490
OWNER'S ACKNOWLEDGMENT AND RECEIPT
491
492     The undersigned owner(s) of Florida real property hereby
493acknowledge that they are preparing to enter into a contract
494with _____________________________________________for the
495construction of real property improvements to the following-
496described property ...(insert address or legal description)...:
497
498     _________________________________________
499
500     _________________________________________
501
502     ...(Signature of Property Owner)......(Date)...
503
504     ...(Signature of Property Owner)......(Date)...
505
506     Attached Statutory Forms:
507     Notice of Commencement
508     Waiver and Release of Lien Upon Progress Payment
509     Waiver and Release of Lien Upon Final Payment
510     Request for Sworn Statement of Account
511     Contractor's Final Payment Affidavit
512
513ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-
514713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR
515PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
516RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.
517THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR
518OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-
519SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED
520MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE
521ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR
522CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
523PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE
524SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
525SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED
526TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS
527CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
528REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY
529PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER."
530FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
531RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
532     (2)(a)  If the contract is written, the notice must be in
533the contract document. If the contract is oral or implied, the
534notice must be provided in a document referencing the contract.
535     (3)(b)  The failure to provide such written notice does not
536bar the enforcement of a lien against a person who has not been
537adversely affected.
538     (4)(c)  This section may not be construed to adversely
539affect the lien and bond rights of lienors who are not in
540privity with the owner. This section does not apply when the
541owner is a contractor licensed under chapter 489 or is a person
542who created parcels or offers parcels for sale or lease in the
543ordinary course of business.
544     Section 3.  Paragraph (c) of subsection (2) of section
545713.06, Florida Statutes, is amended to read:
546     713.06  Liens of persons not in privity; proper payments.-
547     (2)
548     (c)  The notice may be in substantially the following form
549and must include the information and the warning contained in
550the following form:
551
552WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME
553UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL
554SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF
555YOU HAVE MADE PAYMENT IN FULL.
556
557UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID
558MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING
559TWICE.
560
561     TO PROTECT YOURSELF, EACH TIME YOU MAKE A PAYMENT TO THE
562CONTRACTOR, ASK YOUR CONTRACTOR TO PROVIDE YOU WITH A WRITTEN
563WAIVER AND RELEASE OF LIEN FROM US. FOR ADDITIONAL INFORMATION,
564REFER TO THE GENERAL STATEMENT OF OWNER'S RIGHTS AND
565RESPONSIBILITIES WHICH WAS PROVIDED TO YOU BY YOUR CONTRACTOR AT
566THE BEGINNING OF YOUR CONSTRUCTION PROJECT. AVOID A LIEN AND
567PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY
568TIME YOU PAY YOUR CONTRACTOR.
569
570
NOTICE TO OWNER
571
572To ...(Owner's name and address)...
573
574The undersigned hereby informs you that he or she has furnished
575or is furnishing services or materials as follows:
576
577...(General description of services or materials)... for the
578improvement of the real property identified as ...(property
579description)... under an order given by_______________.
580
581Florida law prescribes the serving of this notice and restricts
582your right to make payments under your contract in accordance
583with Section 713.06, Florida Statutes.
584
585
IMPORTANT INFORMATION FOR
586
YOUR PROTECTION
587
588     Under Florida's laws, those who work on your property or
589provide materials and are not paid have a right to enforce their
590claim for payment against your property. This claim is known as
591a construction lien.
592     If your contractor fails to pay subcontractors or material
593suppliers or neglects to make other legally required payments,
594the people who are owed money may look to your property for
595payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.
596
597PROTECT YOURSELF:
598     -RECOGNIZE that this Notice to Owner may result in a lien
599against your property unless all those supplying a Notice to
600Owner have been paid.
601     -LEARN more about the Construction Lien Law, Chapter 713,
602Part I, Florida Statutes, and the meaning of this notice by
603contacting an attorney or the Florida Department of Business and
604Professional Regulation.
605...(Lienor's Signature)...
606...(Lienor's Name)...
607...(Lienor's Address)...
608
609Copies to: ...(Those persons listed in Section 713.06(2)(a) and
610(b), Florida Statutes)...
611
612The form may be combined with a notice to contractor given under
613s. 255.05 or s. 713.23 and, if so, may be entitled "NOTICE TO
614OWNER/NOTICE TO CONTRACTOR."
615     Section 4.  Section 713.09, Florida Statutes, is amended to
616read:
617     713.09  Single claim of lien.-A lienor may is required to
618record only one claim of lien covering his or her entire demand
619against the real property when the amount demanded is for labor
620or services or material furnished for more than one improvement
621under the same direct contract. The single claim of lien is
622sufficient even though the improvement is for one or more
623improvements located on separate lots, parcels, units, or tracts
624of land. If materials to be used on one or more improvements on
625separate lots, parcels, units, or tracts of land under one
626direct contract are delivered by a lienor to a place designated
627by the person with whom the materialman contracted, other than
628the site of the improvement, the delivery to the place
629designated is prima facie evidence of delivery to the site of
630the improvement and incorporation in the improvement. The single
631claim of lien may be limited to a part of multiple lots,
632parcels, or tracts of land and their improvements or may cover
633all of the lots, parcels, units, or tracts of land and
634improvements. In each claim of lien under this section, the
635owner under the direct contract must be the same person for all
636lots, parcels, or tracts of land against which a single claim of
637lien is recorded.
638     Section 5.  Section 713.13, Florida Statutes, is amended to
639read:
640     713.13  Notice of commencement.-
641     (1)(a)  Except for an improvement that is exempt pursuant
642to s. 713.02(5), an owner or the owner's authorized agent before
643actually commencing to improve any real property, or
644recommencing completion of any improvement after default or
645abandonment, whether or not a project has a payment bond
646complying with s. 713.23, shall record a notice of commencement
647in the clerk's office and forthwith post either a certified copy
648thereof or a notarized statement that the notice of commencement
649has been filed for recording along with a copy thereof. The
650notice of commencement shall contain the following information:
651     1.  A description sufficient for identification of the real
652property to be improved. The description should include the
653legal description of the property and also should include the
654street address and tax folio number of the property if available
655or, if there is no street address available, such additional
656information as will describe the physical location of the real
657property to be improved.
658     2.  A general description of the improvement.
659     3.  The name and address of the owner, the owner's interest
660in the site of the improvement, and the name and address of the
661fee simple titleholder, if other than such owner.
662     4.  The name and address of the contractor.
663     5.  The name and address of the surety on the payment bond
664under s. 713.23, if any, and the amount of such bond.
665     6.  The name and address of any person making a loan for
666the construction of the improvements.
667     7.  The name and address within the state of a person other
668than himself or herself who may be designated by the owner as
669the person upon whom notices or other documents may be served
670under this part; and service upon the person so designated
671constitutes service upon the owner.
672     (b)  The owner, at his or her option, may designate a
673person in addition to himself or herself to receive a copy of
674the lienor's notice as provided in s. 713.06(2)(b), and if he or
675she does so, the name and address of such person must be
676included in the notice of commencement.
677     (c)  A notice of commencement expires:
678     1.  Ninety days after the day of the final furnishing of
679all labor, services, and materials required by the direct
680contract, including any change orders; or
681     2.  On the effective date of a notice of termination that
682has been served and recorded. If the contract between the owner
683and a contractor named in the notice of commencement expresses a
684period of time for completion for the construction of the
685improvement greater than 1 year, the notice of commencement must
686state that it is effective for a period of 1 year plus any
687additional period of time. Any payments made by the owner after
688the expiration of the notice of commencement are considered
689improper payments.
690     (d)  A notice of commencement must be in substantially the
691following form:
692
693Permit No._____     Tax Folio No._____
694
NOTICE OF COMMENCEMENT
695State of_____
696County of_____
697
698The undersigned hereby gives notice that improvement will be
699made to certain real property, and in accordance with Chapter
700713, Florida Statutes, the following information is provided in
701this Notice of Commencement.
702     1.  Description of property: ...(legal description of the
703property, and street address if available)....
704     2.  General description of improvement:_____.
705     3.  Owner information:_____.
706     a.  Name and address:_____.
707     b.  Interest in property:_____.
708     c.  Name and address of fee simple titleholder (if other
709than Owner):_____.
710     4.a.  Contractor: ...(name and address)....
711     b.  Contractor's phone number:_____.
712     5.  Surety ...(a copy of the payment bond is attached, if
713the project is bonded)....
714     a.  Name and address:_____.
715     b.  Phone number:_____.
716     c.  Amount of bond: $_____.
717     6.a.  Lender: ...(name and address)....
718     b.  Lender's phone number:_____.
719     7.a.  Persons within the State of Florida designated by
720Owner upon whom notices or other documents may be served as
721provided by Section 713.13(1)(a)7., Florida Statutes: ...(name
722and address)....
723     b.  Phone numbers of designated persons:_____.
724     8.a.  In addition to himself or herself, Owner designates
725_______________ of _______________ to receive a copy of the
726Lienor's Notice as provided in Section 713.13(1)(b), Florida
727Statutes.
728     b.  Phone number of person or entity designated by
729owner:_____.
730     9.  This notice of commencement expires 90 days after the
731day of the final furnishing of all labor, services, and
732materials required by the direct contract, including any change
733orders, or on the effective date of a notice of termination.
734Expiration date of notice of commencement (the expiration date
735is 1 year from the date of recording unless a different date is
736specified)_____.
737
738WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
739EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
740PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
741STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
742TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
743POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
744INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
745ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
746COMMENCEMENT.
747
748     Under penalty of perjury, I declare that I have read the
749foregoing notice of commencement and that the facts stated
750therein are true to the best of my knowledge and belief.
751
752...(Signature of Owner or Owner's Authorized
753Officer/Director/Partner/Manager)...
754
755...(Signatory's Title/Office)...
756
757The foregoing instrument was acknowledged before me this _____
758day of _____, ...(year)..., by ...(name of person)... as
759...(type of authority, . . . e.g. officer, trustee, attorney in
760fact)... for ...(name of party on behalf of whom instrument was
761executed)....
762
763...(Signature of Notary Public - State of Florida)...
764
765...(Print, Type, or Stamp Commissioned Name of Notary Public)...
766
767     Personally Known _____ OR Produced Identification _____
768
769     Type of Identification Produced_______________
770
771Verification pursuant to Section 92.525, Florida Statutes.
772
773Under penalties of perjury, I declare that I have read the
774foregoing and that the facts stated in it are true to the best
775of my knowledge and belief.
776
777...(Signature of Natural Person Signing Above)...
778     (e)  A copy of any payment bond must be attached at the
779time of recordation of the notice of commencement. The failure
780to attach a copy of the bond to the notice of commencement when
781the notice is recorded negates the exemption provided in s.
782713.02(6). However, if a payment bond under s. 713.23 exists but
783was not attached at the time of recordation of the notice of
784commencement, the bond may be used to transfer any recorded lien
785of a lienor except that of the contractor by the recordation and
786service of a notice of bond pursuant to s. 713.23(2). The notice
787requirements of s. 713.23 apply to any claim against the bond;
788however, the time limits for serving any required notices shall
789begin running from the later of the time specified in s. 713.23
790or the date the notice of bond is served on the lienor.
791     (f)  The giving of a notice of commencement is effective
792upon the filing of the notice in the clerk's office.
793     (g)  The owner must sign the notice of commencement and no
794one else may be permitted to sign in his or her stead.
795     (2)  If the improvement described in the notice of
796commencement is not actually commenced within 90 days after the
797recording thereof, such notice is void and of no further effect.
798     (2)(3)  The recording of a notice of commencement does not
799constitute a lien, cloud, or encumbrance on real property, but
800gives constructive notice that claims of lien under this part
801may be recorded and may take priority as provided in s. 713.07.
802The posting of a copy does not constitute a lien, cloud, or
803encumbrance on real property, nor actual or constructive notice
804of any of them.
805     (3)(4)  This section does not apply to an owner who is
806constructing improvements described in s. 713.04.
807     (4)(5)(a)  A notice of commencement that is recorded within
808the effective period may be amended to extend the effective
809period, change erroneous information in the original notice, or
810add information that was omitted from the original notice.
811However, in order to change contractors, a new notice of
812commencement or notice of recommencement must be executed and
813recorded.
814     (b)  The amended notice must identify the official records
815book and page where the original notice of commencement is
816recorded, and a copy of the amended notice must be served by the
817owner upon the contractor and each lienor who serves notice
818before or within 30 days after the date the amended notice is
819recorded.
820     (5)(6)  Unless otherwise provided in the notice of
821commencement or a new or amended notice of commencement, A
822notice of commencement is not effectual in law or equity against
823a conveyance, transfer, or mortgage of or lien on the real
824property described in the notice, or against creditors or
825subsequent purchasers for a valuable consideration, after the
826expiration of 1 year after the date of recording the notice of
827commencement.
828     (6)(7)  A lender must, prior to the disbursement of any
829construction funds to the contractor, record the notice of
830commencement in the clerk's office as required by this section;
831however, the lender is not required to post a certified copy of
832the notice at the construction site. The posting of the notice
833at the construction site remains the owner's obligation. The
834failure of a lender to record the notice of commencement as
835required by this subsection renders the lender liable to the
836owner for all damages sustained by the owner as a result of the
837failure. Whenever a lender is required to record a notice of
838commencement, the lender shall designate the lender, in addition
839to others, to receive copies of notices to owner. This
840subsection does not give any person other than the owner a claim
841or right of action against a lender for failure to record a
842notice of commencement.
843     Section 6.  Section 713.135, Florida Statutes, is amended
844to read:
845     713.135  Notice of commencement and applicability of lien.-
846     (1)  When any person applies for a building permit, the
847authority issuing such permit shall:
848     (a)  Require the applicant to submit the signed and dated
849general statement of an owner's rights and responsibilities
850under Florida's Construction Lien Law as provided in s. 713.015
851for any single-family or multifamily dwelling up to and
852including four units. A building permit application may not be
853processed unless the signed document is in the file.
854     (b)(a)  Print on the face of each permit card in no less
855than 14-point, capitalized, boldfaced type: "WARNING TO OWNER:
856IF YOU FAIL YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT, YOU
857MAY PAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR
858PROPERTY. A NOTICE OF COMMENCEMENT, AND THE CONTRACTOR'S PAYMENT
859BOND IF THE PROJECT IS BONDED, MUST BE RECORDED AND POSTED ON
860THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO
861OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
862RECORDING YOUR NOTICE OF COMMENCEMENT."
863     (c)(b)  Make available to Provide the applicant and the
864owner of the real property upon which improvements are to be
865constructed copies of the general statement of an owner's rights
866and responsibilities under Florida's with a printed statement
867stating that the right, title, and interest of the person who
868has contracted for the improvement may be subject to attachment
869under the Construction Lien Law as described in s. 713.015 with
870the attached statutory forms. The issuing authority may make the
871general statement and forms available in printed form, on the
872Internet, or both. The Department of Business and Professional
873Regulation shall furnish, for distribution, the statement
874described in this paragraph, and the statement must be a summary
875of the Construction Lien Law and must include an explanation of
876the provisions of the Construction Lien Law relating to the
877recording, and the posting of copies, of notices of commencement
878and a statement encouraging the owner to record a notice of
879commencement and post a copy of the notice of commencement in
880accordance with s. 713.13. The statement must also contain an
881explanation of the owner's rights if a lienor fails to furnish
882the owner with a notice as provided in s. 713.06(2) and an
883explanation of the owner's rights as provided in s. 713.22. The
884authority that issues the building permit must obtain from the
885Department of Business and Professional Regulation the statement
886required by this paragraph and must mail, deliver by electronic
887mail or other electronic format or facsimile, or personally
888deliver that statement to the owner or, in a case in which the
889owner is required to personally appear to obtain the permit,
890provide that statement to any owner making improvements to real
891property consisting of a single or multiple family dwelling up
892to and including four units. However, the failure by the
893authorities to provide the summary does not subject the issuing
894authority to liability.
895     (c)  In addition to providing the owner with the statement
896as required by paragraph (b), inform each applicant who is not
897the person whose right, title, and interest is subject to
898attachment that, as a condition to the issuance of a building
899permit, the applicant must promise in good faith that the
900statement will be delivered to the person whose property is
901subject to attachment.
902     (d)  Furnish to the applicant two or more copies of a form
903of notice of commencement conforming with s. 713.13. If the
904direct contract is greater than $2,500, the applicant shall file
905with the issuing authority prior to the first inspection either
906a certified copy of the recorded notice of commencement or a
907notarized statement that the notice of commencement has been
908filed for recording, along with a copy thereof. In the absence
909of the filing of a certified copy of the recorded notice of
910commencement, the issuing authority or a private provider
911performing inspection services may not perform or approve
912subsequent inspections until the applicant files by mail,
913facsimile, hand delivery, or any other means such certified copy
914with the issuing authority. The certified copy of the notice of
915commencement must contain the name and address of the owner, the
916name and address of the contractor, and the location or address
917of the property being improved. The issuing authority shall
918     (d)  Verify that the name and address of the owner, the
919name of the contractor, and the location or address of the
920property being improved which is contained in the certified copy
921of the notice of commencement is consistent with the information
922in the building permit application.
923     (e)  Provide the recording information from the official
924public records in which the notice of commencement and payment
925bond, if any, are recorded to any person upon request. The
926issuing authority shall provide the recording information on the
927certified copy of the recorded notice of commencement to any
928person upon request. This subsection does not require the
929recording of a notice of commencement prior to the issuance of a
930building permit. If a local government requires a separate
931permit or inspection for installation of temporary electrical
932service or other temporary utility service, land clearing, or
933other preliminary site work, such permits may be issued and such
934inspections may be conducted without providing the issuing
935authority with a certified copy of a recorded notice of
936commencement or a notarized statement regarding a recorded
937notice of commencement. This subsection does not apply to a
938direct contract to repair or replace an existing heating or air-
939conditioning system in an amount less than $7,500.
940     (f)(e)  Not require that a notice of commencement be
941recorded as a condition of the application for, or processing or
942issuance of, a building permit. However, this paragraph does not
943modify or waive the inspection requirements set forth in this
944subsection.
945     (2)  An issuing authority under subsection (1) is not
946liable in any civil action for the failure of the person whose
947property is subject to attachment to receive or to be delivered
948the general statement of an owner's rights and responsibilities
949under Florida's a printed statement stating that the right,
950title, and interest of the person who has contracted for the
951improvement may be subject to attachment under the Construction
952Lien Law as provided in s. 713.015.
953     (3)  An issuing authority under subsection (1) is not
954liable in any civil action for the failure to verify that a
955certified copy of the recorded notice of commencement has been
956filed in accordance with this section.
957     (4)  The several boards of county commissioners, municipal
958councils, or other similar bodies may by ordinance or resolution
959establish reasonable fees for furnishing, upon request, copies
960of the forms and the printed statement provided in paragraph
961(1)(a) paragraphs (1)(b) and (d) in an amount not to exceed $5
962to be paid by the applicant for each permit in addition to all
963other costs of the permit; however, no forms or statement need
964be furnished, mailed, or otherwise provided to, nor may such
965additional fee be obtained from, applicants for permits in those
966cases in which the owner of a legal or equitable interest
967(including that of ownership of stock of a corporate landowner)
968of the real property to be improved is engaged in the business
969of construction of buildings for sale to others and intends to
970make the improvements authorized by the permit on the property
971and upon completion will offer the improved real property for
972sale.
973     (5)  In addition to any other information required by the
974authority issuing the permit, each building permit application
975must contain:
976     (a)  The name and address of the owner of the real
977property;
978     (b)  The name and address of the contractor;
979     (c)  A description sufficient to identify the real property
980to be improved; and
981     (d)  The number or identifying symbol assigned to the
982building permit by the issuing authority, which number or symbol
983must be affixed to the application by the issuing authority.
984     (6)(a)  In addition to any other information required by
985the authority issuing the permit, the building permit
986application must be in substantially the following form:
987
988Tax Folio No.__________
989
BUILDING PERMIT APPLICATION
990
991Owner's Name___________________________
992Owner's Address___________________________
993Fee Simple Titleholder's Name (If other than
994owner)___________________________
995Fee Simple Titleholder's Address (If other than
996owner)___________________________
997City___________________________
998State_______________ Zip_______________
999Contractor's Name___________________________
1000Contractor's Address___________________________
1001City___________________________
1002State_______________ Zip_______________
1003Job Name___________________________
1004Job Address___________________________
1005City____________________     County_______________
1006Legal Description___________________________
1007Bonding Company___________________________
1008Bonding Company Address___________________________
1009City____________________ State_______________
1010Architect/Engineer's Name___________________________
1011Architect/Engineer's Address___________________________
1012Mortgage Lender's Name___________________________
1013Mortgage Lender's Address___________________________
1014
1015     Application is hereby made to obtain a permit to do the
1016work and installations as indicated. I certify that no work or
1017installation has commenced prior to the issuance of a permit and
1018that all work will be performed to meet the standards of all
1019laws regulating construction in this jurisdiction. I understand
1020that a separate permit must be secured for ELECTRICAL WORK,
1021PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
1022TANKS, and AIR CONDITIONERS, etc.
1023
1024     OWNER'S AFFIDAVIT: I certify that all the foregoing
1025information is accurate and that all work will be done in
1026compliance with all applicable laws regulating construction and
1027zoning.
1028
1029     WARNING TO OWNER: IF YOU FAIL YOUR FAILURE TO RECORD A
1030NOTICE OF COMMENCEMENT, YOU MAY PAY RESULT IN YOUR PAYING TWICE
1031FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT, AND
1032THE CONTRACTOR'S PAYMENT BOND IF THE PROJECT IS BONDED, MUST BE
1033RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.
1034
1035     IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER
1036OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE
1037OF COMMENCEMENT.
1038
1039...(Signature of Owner or Agent)...
1040...(including contractor)...
1041STATE OF FLORIDA
1042COUNTY OF _____
1043
1044     Sworn to (or affirmed) and subscribed before me this _____
1045day of _____, ...(year)..., by ...(name of person making
1046statement)....
1047
1048...(Signature of Notary Public - State of Florida)...
1049
1050...(Print, Type, or Stamp Commissioned Name of Notary Public)...
1051
1052     Personally Known _____ OR Produced Identification _____
1053
1054     Type of Identification Produced_______________
1055
1056...(Signature of Contractor)...
1057
1058STATE OF FLORIDA
1059COUNTY OF _____
1060
1061     Sworn to (or affirmed) and subscribed before me this _____
1062day of _____, ...(year)..., by ...(name of person making
1063statement)....
1064
1065...(Signature of Notary Public - State of Florida)...
1066
1067...(Print, Type, or Stamp Commissioned Name of Notary Public)...
1068
1069     Personally Known _____ OR Produced Identification _____
1070
1071     Type of Identification Produced_______________
1072
1073
(Certificate of Competency Holder)
1074
1075Contractor's State Certification or Registration No._____
1076
1077Contractor's Certificate of Competency No.__________
1078
1079APPLICATION APPROVED BY
1080____________________Permit Officer
1081     (b)  Consistent with the requirements of paragraph (a), an
1082authority responsible for issuing building permits under this
1083section may accept a building permit application in an
1084electronic format, as prescribed by the authority. Building
1085permit applications submitted to the authority electronically
1086must contain the following additional statement in lieu of the
1087requirement in paragraph (a) that a signed, sworn, and notarized
1088signature of the owner or agent and the contractor be part of
1089the owner's affidavit:
1090
1091     OWNER'S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
1092perjury, I declare that all the information contained in this
1093building permit application is true and correct.
1094     (c)  An authority responsible for issuing building permit
1095applications which accepts building permit applications in an
1096electronic format shall provide public Internet access to the
1097electronic building permit applications in a searchable format.
1098     (7)  This section applies to every municipality and county
1099in the state which now has or hereafter may have a system of
1100issuing building permits for the construction of improvements or
1101for the alteration or repair of improvements on or to real
1102property located within the geographic limits of the issuing
1103authority.
1104     Section 7.  Section 713.137, Florida Statutes, is created
1105to read:
1106     713.137  Prerequisites to inspection of improvements;
1107exceptions.-
1108     (1)  The authority issuing a building permit or a private
1109provider providing inspection services may not inspect the real
1110property being improved unless:
1111     (a)  The following documents have been filed with the
1112issuing authority:
1113     1.a.  A certified copy of the recorded notice of
1114commencement; or
1115     b.  A notarized statement that the notice of commencement
1116has been filed for recording, along with a copy of the notice.
1117     2.a.  A copy of the contractor's recorded payment bond; or
1118     b.  A notarized statement of the contractor or owner
1119stating that a payment bond was not required.
1120     3.  A signed copy of the general statement of owner's
1121rights and responsibilities under Florida's Construction Lien
1122Law, if required by s. 713.015.
1123     (b)  The information in the notice of commencement filed
1124with the issuing authority is consistent with the building
1125permit application, complete, and legible.
1126     (2)  This section does not apply to inspections of the
1127following improvements:
1128     (a)  The installation of temporary electrical service or
1129other temporary utility service, land clearing, or other
1130preliminary site work.
1131     (b)  Improvements pursuant to a direct contract in an
1132amount of $5,000 or less.
1133     (c)  The repair or replacement of a heating or air-
1134conditioning system pursuant to a direct contract in an amount
1135of $7,500 or less.
1136     (d)  The installation of a solar hot water system pursuant
1137to a direct contract of $7,500 or less.
1138     Section 8.  Section 713.16, Florida Statutes, is amended to
1139read:
1140     713.16   Demand for copy of contract and statements of
1141account; form.-
1142     (1)  A copy of the contract of a lienor or owner and a
1143statement of the amount due or to become due if fixed or
1144ascertainable thereon must be furnished by any party thereto,
1145upon written demand of an owner or a lienor contracting with or
1146employed by the other party to such contract. If the owner or
1147lienor refuses or neglects to furnish such copy of the contract
1148or such statement, or willfully and falsely states the amount
1149due or to become due if fixed or ascertainable under such
1150contract, any person who suffers any detriment thereby has a
1151cause of action against the person refusing or neglecting to
1152furnish the same or willfully and falsely stating the amount due
1153or to become due for his or her damages sustained thereby. The
1154information contained in such copy or statement furnished
1155pursuant to such written demand is binding upon the owner or
1156lienor furnishing it unless actual notice of any modification is
1157given to the person demanding the copy or statement before such
1158person acts in good faith in reliance on it. The person
1159demanding such documents must pay for the reproduction thereof;
1160and, if such person fails or refuses to do so, he or she is
1161entitled only to inspect such documents at reasonable times and
1162places.
1163     (2)  The owner may serve in writing a demand of any lienor
1164for a written statement under oath of his or her account showing
1165the nature of the labor or services performed and to be
1166performed, if any, the materials furnished, the materials to be
1167furnished, if known, the amount paid on account to date, the
1168amount due, and the amount to become due, if known, as of the
1169date of the statement by the lienor. Any such demand to a lienor
1170must be served on the lienor at the address and to the attention
1171of any person who is designated to receive the demand in the
1172notice to owner served by such lienor and must include a
1173description of the project, including the names of the owner,
1174the contractor, and the lienor's customer, sufficient for the
1175lienor to properly identify the account in question. The failure
1176or refusal to furnish the statement does not deprive the lienor
1177of his or her lien if the demand is not served at the address of
1178the lienor or directed to the attention of the person designated
1179to receive the demand in the notice to owner. The failure or
1180refusal to furnish the statement under oath within 30 days after
1181the demand, or the furnishing of a false or fraudulent
1182statement, deprives the person so failing or refusing to furnish
1183such statement of his or her lien. If the owner serves more than
1184one demand for statement of account on a lienor and none of the
1185information regarding the account has changed since the lienor's
1186last response to a demand, the failure or refusal to furnish
1187such statement does not deprive the lienor of his or her lien.
1188The negligent inclusion or omission of any information deprives
1189the person of his or her lien to the extent the owner can
1190demonstrate prejudice from such act or omission by the lienor.
1191The failure to furnish a response to a demand for statement of
1192account does not affect the validity of any claim of lien being
1193enforced through a foreclosure case filed prior to the date the
1194demand for statement is received by the lienor.
1195     (3)  A request for sworn statement of account must be in
1196substantially the following form:
1197
1198
REQUEST FOR SWORN STATEMENT OF ACCOUNT
1199
1200     WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT,
1201SIGNED UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE
1202STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN.
1203
1204To: ...(Lienor's name and address)...
1205
1206     The undersigned hereby demands a written statement under
1207oath of his or her account showing the nature of the labor or
1208services performed and to be performed, if any, the materials
1209furnished, the materials to be furnished, if known, the amount
1210paid on account to date, the amount due, and the amount to
1211become due, if known, as of the date of the statement for the
1212improvement of real property identified as ...(property
1213description)....
1214
1215     Name of contractor:_______________
1216
1217     Name of the lienor's customer (as specified in the lienor's
1218Notice to Owner, if such notice has been served):_______________
1219
1220...(signature and address of owner)...
1221...(date of request for sworn statement of account)...
1222     (4)  When a contractor has furnished a payment bond
1223pursuant to s. 713.23, he or she may, when an owner makes any
1224payment to the contractor or directly to a lienor, serve a
1225written demand on any other lienor for a written statement under
1226oath of his or her account showing the nature of the labor or
1227services performed and to be performed, if any, the materials
1228furnished, the materials to be furnished, if known, the amount
1229paid on account to date, the amount due, and the amount to
1230become due, if known, as of the date of the statement by the
1231lienor. Any such demand to a lienor must be served on the lienor
1232at the address and to the attention of any person who is
1233designated to receive the demand in the notice to contractor
1234served by such lienor. The failure or refusal to furnish the
1235statement does not deprive the lienor of his or her rights under
1236the bond if the demand is not served at the address of the
1237lienor or directed to the attention of the person designated to
1238receive the demand in the notice to contractor or does not
1239include a description of the project, including the names of the
1240owner, the contractor, and the lienor's customer as set forth in
1241the lienor's notice to contractor, sufficient for the lienor to
1242properly identify the account in question. The failure to
1243furnish the statement within 30 days after the demand, or the
1244furnishing of a false or fraudulent statement, deprives the
1245person who fails to furnish the statement, or who furnishes the
1246false or fraudulent statement, of his or her rights under the
1247bond. If the contractor serves more than one demand for
1248statement of account on a lienor and none of the information
1249regarding the account has changed since the lienor's last
1250response to a demand, the failure or refusal to furnish such
1251statement does not deprive the lienor of his or her rights under
1252the bond. The negligent inclusion or omission of any information
1253deprives the person of his or her rights under the bond to the
1254extent the contractor can demonstrate prejudice from such act or
1255omission by the lienor. The failure to furnish a response to a
1256demand for statement of account does not affect the validity of
1257any claim on the bond being enforced in a lawsuit filed prior to
1258the date the demand for statement of account is received by the
1259lienor.
1260     (5)(a)  Any lienor who submits or mails has recorded a
1261claim of lien to the clerk for recording may make
1262on the owner for a written statement under oath showing:
1263     1.  The amount of the direct contract under which the lien
1264was recorded;
1265     2.  The dates and amounts paid or to be paid by or on
1266behalf of the owner for all improvements described in the direct
1267contract;
1268     3.  The reasonable estimated costs of completing the direct
1269contract under which the lien was claimed pursuant to the scope
1270of the direct contract; and
1271     4.  If known, the actual cost of completion.
1272     (b)  Any owner who does not provide the statement within 30
1273days after demand, or who provides a false or fraudulent
1274statement, is not a prevailing party for purposes of an award of
1275attorney's fees under s. 713.29. The written demand must include
1276the following warning in conspicuous type in substantially the
1277following form:
1278     WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT
1279WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL
1280RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY
1281ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING
1282THIS STATEMENT.
1283     (6)  Any written demand served on the owner shall include a
1284description of the project, including the names of the
1285contractor and the lienor's customer as set forth in the
1286lienor's notice to owner, sufficient for the owner to properly
1287identify the project in question.
1288     (7)(6)  For purposes of this section, the term
1289"information" means the nature and quantity of the labor,
1290services, and materials furnished or to be furnished by a lienor
1291and the amount paid, the amount due, and the amount to become
1292due on the lienor's account.
1293     Section 9.  Section 713.18, Florida Statutes, is amended to
1294read:
1295     713.18  Manner of serving notices and other instruments.-
1296     (1)  Service of notices, claims of lien, affidavits,
1297assignments, and other instruments permitted or required under
1298this part, or copies thereof when so permitted or required,
1299unless otherwise specifically provided in this part, must be
1300made by one of the following methods:
1301     (a)  By actual delivery to the person to be served; if a
1302partnership, to one of the partners; if a corporation, to an
1303officer, director, managing agent, or business agent; or, if a
1304limited liability company, to a member or manager.
1305     (b)  By sending the same by common carrier delivery service
1306or registered, global express guaranteed, or certified mail,
1307with postage prepaid, and or by overnight or second-day delivery
1308with evidence of delivery, which may be in an electronic format.
1309     (c)  If the method specified in paragraph (a) or paragraph
1310(b) cannot be accomplished, By posting on the site of the
1311improvement if service as provided by paragraph (a) or paragraph
1312(b) cannot be accomplished premises.
1313     (2)  Notwithstanding subsection (1), service of if a notice
1314to owner, a notice to contractor under s. 713.23, or a
1315preliminary notice under s. 255.05 is mailed by registered or
1316certified mail with postage prepaid to the person to be served
1317at any of the addresses set forth in subsection (3) within 40
1318days after the date the lienor first furnishes labor, services,
1319or materials, service of that notice is effective as of the date
1320of mailing if:
1321     (a)  The notice is mailed by registered, global express
1322guaranteed, or certified mail, with postage prepaid, to the
1323person to be served at any of the addresses set forth in
1324subsection (3).
1325     (b)  The notice is mailed within 40 days after the date the
1326lienor first furnishes labor, services, or materials.
1327     (c)1.  The person who served the notice maintains a
1328registered or certified mail log that shows the registered or
1329certified mail number issued by the United States Postal
1330Service, the name and address of the person served, and the date
1331stamp of the United States Postal Service confirming the date of
1332mailing; or if
1333     2.  The person who served the notice maintains electronic
1334tracking records generated through use of the United States
1335Postal Service Confirm service or a similar service containing
1336the postal tracking number, the name and address of the person
1337served, and verification of the date of receipt by the United
1338States Postal Service.
1339     (3)(a)  Service of If an instrument served pursuant to this
1340section is effective on the date of mailing if the instrument:
1341     1.  Was sent to the last address shown in the notice of
1342commencement or any amendment thereto or, in the absence of a
1343notice of commencement, to the last address shown in the
1344building permit application, or to the last known address of the
1345person to be served; and, is not received, but
1346     2.  Is returned as being "refused," "moved, not
1347forwardable," or "unclaimed," or is otherwise not delivered or
1348deliverable through no fault of the person serving the item,
1349then service is effective on the date the instrument was sent.
1350     (b)  If the address information shown in the notice of
1351commencement or any amendment to the notice, or in the absence
1352of a notice of commencement, in the building permit application,
1353is incomplete for purposes of mailing or delivery, the person
1354serving the item may complete the address and properly format it
1355according to United States Postal Service addressing standards
1356using information obtained from the property appraiser or
1357another public record or directory without affecting the
1358validity of service under this section.
1359     (4)  A notice served by a lienor on one owner or one
1360partner of a partnership owning the real property If the real
1361property is owned by more than one person or a partnership, a
1362lienor may serve any notices or other papers under this part on
1363any one of such owners or partners, and such notice is deemed
1364notice to all owners and partners.
1365     Section 10.  Section 713.22, Florida Statutes, is amended
1366to read:
1367     713.22  Duration of lien.-
1368     (1)  A No lien provided by this part may not shall continue
1369for a longer period than 1 year after the claim of lien has been
1370recorded or 1 year after the recording of an amended claim of
1371lien that shows a later date of final furnishing of labor,
1372services, or materials, unless within that time an action to
1373enforce the lien is commenced in a court of competent
1374jurisdiction. A lien that has been continued beyond the 1-year
1375period The continuation of the lien effected by the commencement
1376of an the action is shall not enforceable be good against
1377creditors or subsequent purchasers for a valuable consideration
1378and without notice, unless a notice of lis pendens is recorded.
1379     (2)  An owner or the owner's agent or attorney may elect to
1380shorten the time prescribed in subsection (1) within which to
1381commence an action to enforce any claim of lien or claim against
1382a bond or other security under s. 713.23 or s. 713.24 by
1383recording in the clerk's office a notice in substantially the
1384following form:
1385
1386
NOTICE OF CONTEST OF LIEN
1387
1388To: ...(Name and address of lienor)...
1389
1390You are notified that the undersigned contests the claim of lien
1391filed by you on _____, ...(year)..., and recorded in _____ Book
1392_____, Page _____, of the public records of _____ County,
1393Florida, and that the time within which you may file suit to
1394enforce your lien is limited to 60 days from the date of service
1395of this notice. This _____ day of _____, ...(year)....
1396
1397Signed: ...(Owner or Attorney)...
1398
1399     The lien of any lienor upon whom such notice is served and
1400who fails to institute a suit to enforce his or her lien within
140160 days after service of such notice shall be extinguished
1402automatically. The clerk shall serve mail a copy of the notice
1403of contest to the lien claimant at the address shown in the
1404claim of lien or most recent amendment thereto and shall certify
1405to such service on the face of such notice and record the
1406notice. Service shall be deemed complete upon mailing.
1407     Section 11.  Paragraph (e) of subsection (1) and
1408subsections (2) and (4) of section 713.23, Florida Statutes, are
1409amended to read:
1410     713.23  Payment bond.-
1411     (1)
1412     (e)  An No action for the labor or materials or supplies
1413may not be instituted or prosecuted against the contractor or
1414surety unless both notices have been given. An No action may not
1415shall be instituted or prosecuted against the contractor or
1416against the surety on the bond under this section after 1 year
1417from the performance of the labor or completion of delivery of
1418the materials and supplies. The time period for bringing an
1419action against the contractor or surety on the bond shall be
1420measured from the last day of furnishing labor, services, or
1421materials by the lienor. The time period may and shall not be
1422measured by other standards, such as the issuance of a
1423certificate of occupancy or the issuance of a certificate of
1424substantial completion. A contractor or the contractor's agent
1425or attorney may elect to shorten the prescribed time within
1426which an action to enforce any claim against a payment bond
1427provided under this section or s. 713.245 must may be commenced
1428at any time after a notice of nonpayment, if required, has been
1429served for the claim by recording in the clerk's office a notice
1430in substantially the following form:
1431
1432
NOTICE OF CONTEST OF CLAIM
1433
AGAINST PAYMENT BOND
1434
1435To:  ...(Name and address of lienor)...
1436
1437     You are notified that the undersigned contests your notice
1438of nonpayment, dated _____, _____, and served on the undersigned
1439on _____, _____, and that the time within which you may file
1440suit to enforce your claim is limited to 60 days from the date
1441of service of this notice.
1442DATED on _____, _____.
1443
1444Signed: ...(Contractor or Attorney)...
1445
1446     The claim of any lienor upon whom the notice is served and
1447who fails to institute a suit to enforce his or her claim
1448against the payment bond within 60 days after service of the
1449notice shall be extinguished automatically. The clerk shall
1450serve mail a copy of the notice of contest to the lienor at the
1451address shown in the notice of nonpayment or most recent
1452amendment thereto and shall certify to such service on the face
1453of the notice and record the notice. Service is complete upon
1454mailing.
1455     (2)  The bond shall secure every lien under the direct
1456contract accruing subsequent to its execution and delivery,
1457except that of the contractor. Every claim of lien, except that
1458of the contractor, filed subsequent to execution and delivery of
1459the bond shall be transferred to it with the same effect as
1460liens transferred under s. 713.24. Record notice of the transfer
1461shall be effected by the contractor, or any person having an
1462interest in the property against which the claim of lien has
1463been asserted, by recording in the clerk's office a notice in
1464substantially the following form:
1465
1466
NOTICE OF BOND
1467
1468To ...(Name and Address of Lienor)...
1469
1470You are notified that the claim of lien filed by you on _____,
1471_____, and recorded in Official Records Book _____ at page _____
1472of the public records of _____ County, Florida, is secured by a
1473bond, a copy being attached.
1474
1475Signed: ...(Name of person recording notice)...
1476
1477     The notice shall be verified. The clerk shall mail a copy
1478of the notice to the lienor at the address shown in the claim of
1479lien, or the most recent amendment to it; shall certify to the
1480service on the face of the notice; and shall record the notice.
1481The clerk shall receive the same fee as prescribed in s. 713.24
1482s. 713.24(1) for certifying to a transfer of lien.
1483     (4)  The provisions of s. 713.24(7) s. 713.24(3) shall
1484apply to bonds under this section.
1485     Section 12.  Section 713.24, Florida Statutes, is amended
1486to read:
1487     713.24  Transfer of liens to security.-
1488     (1)  A Any lien claimed under this part may be transferred,
1489by a any person having an interest in the real property upon
1490which the lien is imposed or the contract under which the lien
1491is claimed, from such real property to other security by either:
1492     (a)  Depositing in the clerk's office a sum of money;, or
1493     (b)  Filing in the clerk's office a bond executed as surety
1494by a surety insurer licensed to do business in this state.,
1495     (2)  The security must either to be in an amount equal to
1496the amount demanded in the such claim of lien, plus interest on
1497the claim thereon at the legal rate for 3 years, plus $1,000 or
149825 percent of the amount demanded in the claim of lien,
1499whichever is greater, to apply on any attorney's fees and court
1500costs that may be taxed in any proceeding to enforce the said
1501lien.
1502     (3)  The security Such deposit or bond shall be conditioned
1503to pay any judgment or decree that which may be rendered for the
1504satisfaction of the lien for which such claim of lien was
1505recorded.
1506     (4)  A Upon making such deposit or filing such bond, the
1507clerk who receives other security for a lien:
1508     (a)  Shall make and record a certificate showing the
1509transfer of the lien from the real property to the security. The
1510clerk and shall serve mail a copy of the certificate and a copy
1511of the bond, if the lien was transferred to a bond, on thereof
1512by registered or certified mail to the lienor named in the claim
1513of lien so transferred, at the address stated in the claim
1514therein. When Upon filing the certificate of transfer is
1515recorded, the real property is shall thereupon be released from
1516the lien claimed, and the such lien is shall be transferred to
1517the other said security.
1518     (b)  May collect a service charge of no more than $20 for
1519making and serving the certificate. The clerk may collect an
1520additional charge of no more than $10 for each additional lien
1521transferred to the security. The clerk shall receive the
1522statutory service charges as prescribed in s. 28.24 for
1523recording the certificate and approving the bond.
1524     (5)  In the absence of allegations of privity between the
1525lienor and the owner, and subject to any order of the court
1526increasing the amount required for the lien transfer deposit or
1527bond, no other judgment or decree to pay money may be entered by
1528the court against the owner. The clerk shall be entitled to a
1529service charge for making and serving the certificate, in the
1530amount of up to $20. If the transaction involves the transfer of
1531multiple liens, an additional charge of up to $10 for each
1532additional lien shall be charged. For recording the certificate
1533and approving the bond, the clerk shall receive her or his usual
1534statutory service charges as prescribed in s. 28.24. Any number
1535of liens may be transferred to one such security.
1536     (6)(2)  Any excess of the security over the aggregate
1537amount of any judgments or decrees rendered plus costs actually
1538taxed shall be repaid to the party filing the same or her or his
1539successor in interest. Any deposit of money shall be considered
1540as paid into court and is shall be subject to the provisions of
1541law relative to payments of money into court and the disposition
1542of same.
1543     (7)(3)  Any party having an interest in such security or
1544the property from which the lien was transferred may at any
1545time, and any number of times, file a complaint in chancery in
1546the circuit court of the county where such security is
1547deposited, or file a motion in a pending action to enforce a
1548lien, for an order to require additional security, reduction of
1549security, change or substitution of sureties, payment of
1550discharge thereof, or any other matter affecting the said
1551security. If the court finds that the amount of the deposit or
1552bond in excess of the amount claimed in the claim of lien is
1553insufficient to pay the lienor's attorney's fees and court costs
1554incurred in the action to enforce the lien, the court must
1555increase the amount of the cash deposit or lien transfer bond.
1556Nothing in This section does not shall be construed to vest
1557exclusive jurisdiction in the circuit courts over transfer bond
1558claims for nonpayment of an amount within the monetary
1559jurisdiction of the county courts.
1560     (8)(4)  If a proceeding to enforce a transferred lien is
1561not commenced within the time specified in s. 713.22 or if it
1562appears that the transferred lien has been satisfied of record,
1563the clerk shall return the said security upon request of the
1564person depositing or filing the same, or the insurer. If a
1565proceeding to enforce a lien is commenced in a court of
1566competent jurisdiction within the time specified in s. 713.22
1567and, during such proceeding, the lien is transferred pursuant to
1568this section or s. 713.13(1)(e), an action commenced within 1
1569year after the transfer, unless otherwise shortened by operation
1570of law, in the same county or circuit court to recover against
1571the security shall be deemed to have been brought as of the date
1572of filing the action to enforce the lien, and the court has
1573shall have jurisdiction over the action.
1574     Section 13.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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