The Florida Senate

713.135  Notice of commencement and applicability of lien.--

(1)  When any person applies for a building permit, the authority issuing such permit shall:

(a)  Print on the face of each permit card in no less than 18-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT."

(b)  Provide the applicant and the owner of the real property upon which improvements are to be constructed with a printed statement stating that the right, title, and interest of the person who has contracted for the improvement may be subject to attachment under the Construction Lien Law. The Department of Business and Professional Regulation shall furnish, for distribution, the statement described in this paragraph, and the statement must be a summary of the Construction Lien Law and must include an explanation of the provisions of the Construction Lien Law relating to the recording, and the posting of copies, of notices of commencement and a statement encouraging the owner to record a notice of commencement and post a copy thereof in accordance with s. 713.13. However, the failure by the authorities to provide the summary does not subject the issuing authority to liability.

(c)  Inform each applicant who is not the person whose right, title, and interest is subject to attachment that, as a condition to the issuance of a building permit, the applicant must promise in good faith that the statement will be delivered to the person whose property is subject to attachment.

(d)  Furnish to the applicant two or more copies of a form of notice of commencement conforming with s. 713.13. If the direct contract is greater than $2,500, the applicant shall file with the issuing authority prior to the first inspection either a certified copy of the recorded notice of commencement or a notarized statement that the notice of commencement has been filed for recording, along with a copy thereof. In the absence of the filing of a certified copy of the recorded notice of commencement, the issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, or any other means such certified copy with the issuing authority. Nothing herein shall be interpreted as requiring or encouraging the recording of a notice of commencement prior to the issuance of a building permit. If a local government requires a separate permit or inspection for installation of temporary electrical service or other temporary utility service, land clearing, or other preliminary site work, such permits may be issued and such inspections may be conducted without providing the issuing authority with a certified copy of a recorded notice of commencement or a notarized statement regarding a recorded notice of commencement.

(2)  On or before December 31, 1996, each county and each municipality shall submit an affidavit to the ¹Advisory Council on Intergovernmental Relations that states whether the county or municipality issues building permits and, if so, the building official must certify that the county or municipality is using a building permit application form that is substantially similar to the form set forth in subsection (7), and further certify that the county or municipality has established and is enforcing procedures to ensure compliance with the requirement to file a certified copy of the recorded notice of commencement contained in paragraph (1)(d).

(3)  An issuing authority under subsection (1) is not liable in any civil action for the failure of the person whose property is subject to attachment to receive or to be delivered a printed statement stating that the right, title, and interest of the person who has contracted for the improvement may be subject to attachment under the Construction Lien Law.

(4)  An issuing authority under subsection (1) is not liable in any civil action for the failure to verify that a certified copy of the recorded notice of commencement has been filed in accordance with this section.

(5)  The several boards of county commissioners, municipal councils, or other similar bodies may by ordinance or resolution establish reasonable fees for furnishing copies of the forms and the printed statement provided in paragraph (1)(d) in an amount not to exceed $5 to be paid by the applicant for each permit in addition to all other costs of the permit; however, no forms or statement need be furnished to, nor may such additional fee be obtained from, applicants for permits in those cases in which the owner of a legal or equitable interest (including that of ownership of stock of a corporate landowner) of the real property to be improved is engaged in the business of construction of buildings for sale to others and intends to make the improvements authorized by the permit on the property and upon completion will offer the improved real property for sale.

(6)  In addition to any other information required by the authority issuing the permit, each building permit application must contain:

(a)  The name and address of the owner of the real property;

(b)  The name and address of the contractor;

(c)  A description sufficient to identify the real property to be improved; and

(d)  The number or identifying symbol assigned to the building permit by the issuing authority, which number or symbol must be affixed to the application by the issuing authority.

(7)  In addition to any other information required by the authority issuing the permit, the building permit application must be in substantially the following form:

Tax Folio No. _____ _____

BUILDING PERMIT APPLICATION

Owner's Name

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Owner's Address

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Fee Simple Titleholder's Name (If other than owner)

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Fee Simple Titleholder's Address (If other than owner)

---

City

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State _____ _____ _____ Zip _____ _____ _____
Contractor's Name

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Contractor's Address

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City

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State _____ _____ _____ Zip _____ _____ _____
Job Name

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Job Address

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City _____ _____ _____ _____

County _____ _____ _____

Legal Description

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Bonding Company

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Bonding Company Address

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City _____ _____ _____ _____ State _____ _____ _____
Architect/Engineer's Name

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Architect/Engineer's Address

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Mortgage Lender's Name

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Mortgage Lender's Address

---

Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc.


OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning.

WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.

IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.

Signature_____ Owner or Agent (including contractor)	Signature_____ Contractor
Date_____	Date_____
NOTARY as to Owner or Agent_____ My Commission Expires:_____	NOTARY as to Contractor_____ My Commission Expires:_____

(Certificate of Competency Holder)

Contractor's State Certification or Registration No. _____

Contractor's Certificate of Competency No. _____ _____

APPLICATION APPROVED BY _____ _____ _____ _____ Permit Officer

(8)  This section applies to every municipality and county in the state which now has or hereafter may have a system of issuing building permits for the construction of improvements or for the alteration or repair of improvements on or to real property located within the geographic limits of the issuing authority.

History.--ss. 1, 2, 3, ch. 67-185; s. 2, ch. 78-397; s. 1, ch. 84-26; s. 1, ch. 86-247; s. 4, ch. 87-74; s. 8, ch. 90-109; s. 3, ch. 91-102; s. 2, ch. 93-99; s. 230, ch. 94-218; s. 5, ch. 96-383; s. 4, ch. 97-219.

¹Note.--Provisions relating to the Advisory Council on Intergovernmental Relations were repealed by s. 9, ch. 96-311, and its records, personnel, and property were transferred to the Legislative Committee on Intergovernmental Relations by s. 10, ch. 96-311.