Florida Senate - 2016                                    SB 1618
       
       
        
       By Senator Hutson
       
       6-01113A-16                                           20161618__
    1                        A bill to be entitled                      
    2         An act relating to real property; amending s. 153.67,
    3         F.S.; requiring a district water or sewer system that
    4         imposes a lien to provide an Internet-based procedure
    5         for furnishing an estoppel certificate to a property
    6         owner; providing criteria for the certificate based on
    7         whether foreclosure of a lien has been filed;
    8         providing fees; providing for waiver of right to a
    9         lien under certain circumstances; amending s. 159.17,
   10         F.S.; requiring a municipality that imposes a lien to
   11         provide an Internet-based procedure for furnishing an
   12         estoppel certificate to a property owner; providing
   13         criteria for the certificate based on whether
   14         foreclosure of a lien has been filed; providing for
   15         waiver of right to a lien under certain circumstances;
   16         requiring a governmental entity or quasi-governmental
   17         entity that wishes to create a lien against real
   18         property pursuant to a non-ad valorem or special
   19         assessment to record a notice with certain
   20         information; amending s. 553.79, F.S.; requiring an
   21         application for a building permit for the
   22         construction, alteration, or repair of improvements to
   23         be in a specified form; amending s. 713.13, F.S.;
   24         revising requirements for the form of a notice of
   25         commencement for improving real property; amending s.
   26         713.135, F.S.; providing for expiration and renewal of
   27         a building permit; providing the application form for
   28         renewal; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 153.67, Florida Statutes, is amended to
   33  read:
   34         153.67 Unpaid fees to constitute lien.—
   35         (1) In the event that the fees, rates, or charges for the
   36  services and facilities of any district water or sewer system
   37  shall not be paid as and when due, any unpaid balance thereof
   38  and all interest accruing thereon shall be a lien on any parcel
   39  or property affected thereby. Such lien liens shall be superior
   40  and paramount to the interest on such parcel or property of any
   41  owner, lessee, tenant, mortgagee or other person except the lien
   42  of county taxes and shall be on a parity with the lien of any
   43  such county taxes. In the event that any such sum service charge
   44  shall not be paid as and when due and shall be in default for 30
   45  thirty days or more, the unpaid balance thereof and all interest
   46  accrued thereon, together with attorney attorneys fees and
   47  costs, may be recovered by the district in a civil action, and
   48  any such lien and accrued interest may be foreclosed or
   49  otherwise enforced by the district by action or suit in equity
   50  as for the foreclosure of a mortgage on real property.
   51         (2)A district water or sewer system that imposes a lien
   52  pursuant to this section must provide an Internet-based
   53  procedure for furnishing to an owner of real property subject to
   54  the lien an estoppel certificate listing the total amount due
   55  from the owner of a parcel. Notice of the Internet-based
   56  procedure shall be recorded in the official records of the
   57  county in which the district is located. Failure to record the
   58  notice constitutes a waiver of any lien imposed pursuant to this
   59  section. The lien for all amounts due from the property as of
   60  the date of delivery shall be the lesser of the actual amount
   61  owed or the amount of the lien in the certificate.
   62         (a)If the district has not filed for foreclosure of the
   63  lien:
   64         1.The certificate must be dated as of the date of
   65  delivery.
   66         2.The certificate must list all fees, rates, and charges
   67  due as of that date.
   68         3.The certificate must be furnished within 5 business days
   69  after the request.
   70         4.The fee for preparation and delivery of the certificate
   71  must not exceed $25.
   72         (b)If the district has filed for foreclosure of the lien:
   73         1.The certificate must be dated as of the date of
   74  delivery.
   75         2.The certificate must list all fees, rates, charges,
   76  interest, attorney fees, costs, and foreclosure costs due as of
   77  that date.
   78         3.The certificate must be furnished within 20 days after
   79  the request.
   80         4.The fee for preparation and delivery of the certificate
   81  must not exceed $250.
   82         (c)If a district fails to timely provide the certificate
   83  required by this subsection and the property is transferred to a
   84  buyer within 30 days after the request, the district waives its
   85  right to a lien for sums due before the transfer but may still
   86  pursue the sums owed in a civil action against the former parcel
   87  owner.
   88         Section 2. Section 159.17, Florida Statutes, is amended to
   89  read:
   90         159.17 Lien of service charges.—
   91         (1) Any municipality issuing revenue bonds hereunder shall
   92  have a lien on all lands or premises served by any water system,
   93  sewer system, or gas system for all service charges for such
   94  facilities until paid, which liens shall be prior to all other
   95  liens on such lands or premises except the lien of state,
   96  county, and municipal taxes and shall be on a parity with the
   97  lien of such state, county, and municipal taxes. Such liens,
   98  together with interest, attorney fees, and costs, when
   99  delinquent for more than 30 days, may be foreclosed by such
  100  municipality in the manner provided by the laws of Florida for
  101  the foreclosure of mortgages on real property.
  102         (2)A municipality that imposes a lien pursuant to this
  103  section must provide an Internet-based procedure for furnishing
  104  to an owner of real property subject to the lien an estoppel
  105  certificate listing the total amount due from the owner of a
  106  parcel. Notice of the Internet-based procedure shall be recorded
  107  in the official records of the county in which the municipality
  108  is located. Failure to record the notice constitutes a waiver of
  109  any lien imposed pursuant to this section. The lien for all
  110  amounts due from the property as of the date of delivery shall
  111  be the lesser of the actual amount owed or the amount of the
  112  lien in the certificate.
  113         (a)If the municipality has not filed for foreclosure of
  114  the lien:
  115         1.The certificate must be dated as of the date of
  116  delivery.
  117         2.The certificate must list all fees, rates, and charges
  118  due as of that date.
  119         3.The certificate must be furnished within 5 business days
  120  after the request.
  121         4.The fee for preparation and delivery of the certificate
  122  must not exceed $25.
  123         (b)If the municipality has filed for foreclosure of the
  124  lien:
  125         1.The certificate must be dated as of the date of
  126  delivery.
  127         2.The certificate must list all fees, rates, charges,
  128  interest, attorney fees, costs, and foreclosure costs due as of
  129  that date.
  130         3.The certificate must be furnished within 20 days after
  131  the request.
  132         4.The fee for preparation and delivery of the certificate
  133  must not exceed $250.
  134         (c)If a municipality fails to timely provide the
  135  certificate required by this subsection and the property is
  136  transferred to a buyer within 30 days after the request, the
  137  municipality waives its right to a lien for sums due before the
  138  transfer but may still pursue the sums owed in a civil action
  139  against the former parcel owner.
  140         Section 3. A governmental entity or quasi-governmental
  141  entity that desires to create a lien against real property
  142  pursuant to a non-ad valorem or special assessment shall record
  143  a notice in the official records of the county in which the
  144  applicable real property is located. The notice shall contain
  145  sufficient information to identify the applicability of the non
  146  ad valorem or special assessment to real property.
  147         Section 4. Subsection (1) of section 553.79, Florida
  148  Statutes, is amended to read:
  149         553.79 Permits; applications; issuance; inspections.—
  150         (1)(a) After the effective date of the Florida Building
  151  Code adopted as herein provided, it shall be unlawful for any
  152  person, firm, corporation, or governmental entity to construct,
  153  erect, alter, modify, repair, or demolish any building within
  154  this state without first obtaining a permit therefor from the
  155  appropriate enforcing agency or from such persons as may, by
  156  appropriate resolution or regulation of the authorized state or
  157  local enforcing agency, be delegated authority to issue such
  158  permits, upon the payment of such reasonable fees adopted by the
  159  enforcing agency. The enforcing agency is empowered to revoke
  160  any such permit upon a determination by the agency that the
  161  construction, erection, alteration, modification, repair, or
  162  demolition of the building for which the permit was issued is in
  163  violation of, or not in conformity with, the provisions of the
  164  Florida Building Code. Whenever a permit required under this
  165  section is denied or revoked because the plan, or the
  166  construction, erection, alteration, modification, repair, or
  167  demolition of a building, is found by the local enforcing agency
  168  to be not in compliance with the Florida Building Code, the
  169  local enforcing agency shall identify the specific plan or
  170  project features that do not comply with the applicable codes,
  171  identify the specific code chapters and sections upon which the
  172  finding is based, and provide this information to the permit
  173  applicant. Installation, replacement, removal, or metering of
  174  any load management control device is exempt from and shall not
  175  be subject to the permit process and fees otherwise required by
  176  this section.
  177         (b)A person, firm, corporation, or governmental entity
  178  that applies for a building permit for the construction of
  179  improvements or for the alteration or repair of improvements on
  180  or to real property shall apply for such permit in the form
  181  required under s. 713.135.
  182         Section 5.  Paragraph (d) of subsection (1) of section
  183  713.13, Florida Statutes, is amended to read:
  184         713.13 Notice of commencement.—
  185         (1)
  186         (d) A notice of commencement must be in substantially the
  187  following form:
  188  
  189  Permit No.....                                 Tax Folio No.....
  190                       NOTICE OF COMMENCEMENT                      
  191  State of....
  192  County of....
  193  
  194  The undersigned hereby gives notice that improvement will be
  195  made to certain real property, and in accordance with Chapter
  196  713, Florida Statutes, the following information is provided in
  197  this Notice of Commencement.
  198         1. Description of property: ...(legal description of the
  199  property, and street address if available)....
  200         2. General description of improvement:.....
  201         3. Owner information or Lessee information if the Lessee
  202  contracted for the improvement:
  203         a. Name and address:.....
  204         b. Interest in property:.....
  205         c. Name and address of fee simple titleholder (if different
  206  from Owner listed above):.....
  207         4.a. Contractor: ...(name and address)....
  208         b. Contractor’s phone number:.....
  209         5. Surety (if applicable, a copy of the payment bond is
  210  attached):
  211         a. Name and address:.....
  212         b. Phone number:.....
  213         c. Amount of bond: $.....
  214         6.a. Lender: ...(name and address)....
  215         b. Lender’s phone number:.....
  216         7. Persons within the State of Florida designated by Owner
  217  upon whom notices or other documents may be served as provided
  218  by Section 713.13(1)(a)7., Florida Statutes:
  219         a. Name and address:.....
  220         b. Phone numbers of designated persons:.....
  221         8.a. In addition to himself or herself, Owner designates
  222  ............ of ............ to receive a copy of the Lienor’s
  223  Notice as provided in Section 713.13(1)(b), Florida Statutes.
  224         b. Phone number of person or entity designated by
  225  owner:.....
  226         9. Expiration date of notice of commencement (the
  227  expiration date will be 1 year from the date of recording unless
  228  a different date is specified).....
  229         10. Permit number, applicable local enforcement agency, and
  230  issuance date of building permit, which shall expire in
  231  accordance with Section 713.135(7), Florida Statutes:.....
  232  
  233  WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
  234  EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
  235  PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
  236  STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
  237  TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
  238  POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU
  239  INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN
  240  ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF
  241  COMMENCEMENT.
  242  
  243  ...(Signature of Owner or Lessee, or Owner’s or Lessee’s
  244  Authorized Officer/Director/Partner/Manager)...
  245  
  246  ...(Signatory’s Title/Office)...
  247  
  248  The foregoing instrument was acknowledged before me this ....
  249  day of ...., ...(year)..., by ...(name of person)... as ...(type
  250  of authority, . . . e.g. officer, trustee, attorney in fact)...
  251  for ...(name of party on behalf of whom instrument was
  252  executed)....
  253  
  254  ...(Signature of Notary Public - State of Florida)...
  255  
  256  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  257  
  258         Personally Known .... OR Produced Identification ....
  259  
  260         Type of Identification Produced............
  261         Section 6. Subsection (7) of section 713.135, Florida
  262  Statutes, is renumbered as subsection (9), and new subsections
  263  (7) and (8) are added to that section, to read:
  264         713.135 Notice of commencement and applicability of lien.—
  265         (7)A building permit, including a site-specific building
  266  permit under s. 553.794, shall expire:
  267         (a)One year after the date of issue if the permit has not
  268  been renewed pursuant to subsection (8);
  269         (b)Six months after the application date if a permit has
  270  not been issued and an extension of time has not been granted;
  271         (c)Six months after the date of issue if work:
  272         1.Has not been commenced;
  273         2.Has been suspended or abandoned for 6 months; or
  274         3.Has not had the required inspection within 6 months;
  275         (d)On the date of issue of a certificate of completion or
  276  certificate of occupancy; or
  277         (e)On the expiration date of a notice of commencement if
  278  the notice of commencement indicates that the expiration date is
  279  less than 1 year after the date of recording.
  280         (8)(a)A building permit is deemed automatically renewed if
  281  a permitholder files a notice of renewal before the expiration
  282  date of the permit. Upon renewal, the building permit is subject
  283  to expiration as provided in subsection (7).
  284         (b)An owner or an owner’s authorized agent, before the
  285  expiration of the permit and before continuing work, shall
  286  record a notice of renewal in the clerk’s office and post at the
  287  construction site a certified copy of such notice or a notarized
  288  statement indicating the notice of renewal was filed for
  289  recording. The notice of renewal must be in substantially the
  290  following form:
  291  
  292  Tax Folio No.....
  293                  BUILDING PERMIT NOTICE OF RENEWAL                
  294  Permit Number:.....
  295  Local Enforcement Agency:.....
  296  Issuance Date of Building Permit:.....
  297  Date of Last Inspection:....
  298  
  299         Notice is hereby given of the renewal of the building
  300  permit listed above. I certify that all work will be performed
  301  to meet the standard of all laws regulating construction in this
  302  jurisdiction. I understand that a separate notice of renewal
  303  must be recorded for a permit for electrical work, plumbing,
  304  signs, wells, pools, furnaces, boilers, heaters, tanks, and air
  305  conditioners, etc.
  306         OWNER’S AFFIDAVIT: I certify that all the foregoing
  307  information is accurate and that all work will be done in
  308  compliance with all applicable laws regulating construction and
  309  zoning.
  310         WARNING TO OWNER: Your failure to record a current notice
  311  of commencement may result in your paying twice for improvements
  312  to your property. A notice of commencement must be recorded and
  313  posted at the job site before continuing work.
  314         IF YOU INTEND TO OBTAIN FINANCING: consult with your lender
  315  or an attorney before continuing work or recording your notice
  316  of commencement or notice of renewal.
  317         ...(Signature of Owner or Agent)...
  318         ...(Signature of Contractor)...
  319         STATE OF FLORIDA
  320         COUNTY OF ....
  321         Sworn to (or affirmed) and subscribed before me this ...
  322  (day of) ..., ...(year)..., by ...(name of person making
  323  statement)....
  324         ...(Signature of Notary Public-State of Florida)...
  325         ...(Print, Type, or Stamp Commissioned Name of Notary
  326  Public)...
  327         Personally Known .... OR Produced Identification ....
  328         Type of Identification Produced ....
  329         ...(Signature of Contractor)...
  330         STATE OF FLORIDA
  331         COUNTY OF ....
  332         Sworn to (or affirmed) and subscribed before me this ...
  333  (day of) ..., ...(year)..., by ...(name of person making
  334  statement)....
  335         ...(Signature of Notary Public-State of Florida)...
  336         ...(Print, Type, or Stamp Commissioned Name of Notary
  337  Public)...
  338         Personally Known .... OR Produced Identification ....
  339         Type of Identification Produced ....
  340         ...(Certificate of Competency Holder...)
  341         Contractor’s State Certification or Registration No. ....
  342         Contractor’s Certificate of Competency No. ....
  343         NOTICE OF RENEWAL APPROVED BY
  344         .... Permit Officer
  345  
  346         (c) At the time a notice of renewal is filed, a
  347  permitholder shall also amend the notice of commencement as
  348  provided in s. 713.13(5).
  349         Section 7. This act shall take effect July 1, 2016.