HB 1443

CS

CHAMBER ACTION

1	The Justice Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to liens; amending s. 679.705, F.S.;
7	extending the effective date of a financing statement
8	filed under previous law; amending s. 713.135, F.S.;
9	revising certain notice of commencement and applicability
10	of lien requirements for certain authorities issuing
11	building permits; prohibiting private providers performing
12	inspection services from performing or approving certain
13	inspections under certain circumstances; increasing a
14	threshold amount for certain application requirement
15	exemptions; prohibiting issuing authorities from requiring
16	recordation of a notice of commencement for certain
17	purposes; authorizing fees for furnishing copies of
18	certain statements; authorizing authorities issuing
19	building permits to accept permit applications
20	electronically; requiring an electronic submission
21	statement on building permit applications; requiring
22	provision of Internet access; amending s. 713.18, F.S.;
23	providing for electronic evidence of delivery of notices
24	required by the Construction Lien Law; amending s. 713.35,
25	F.S.; revising provisions relating to the making or
26	furnishing of false statements on certain construction
27	documents; providing penalties; providing effective dates.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Effective upon this act becoming a law,
32	subsection (3) of section 679.705, Florida Statutes, is amended
33	to read:
34	679.705  Effectiveness of action taken before effective
35	date.--
36	(3)  This act does not render ineffective an effective
37	financing statement that, before this act takes effect, is filed
38	and satisfies the applicable requirements for perfection under
39	the law of the jurisdiction governing perfection as provided in
40	s. 679.103, Florida Statutes 2000. However, except as otherwise
41	provided in subsections (4) and (5) and s. 679.706, the
42	financing statement ceases to be effective at the earlier of:
43	(a)  The time the financing statement would have ceased to
44	be effective under the law of the jurisdiction in which it is
45	filed; or
46	(b)  December 31 June 30, 2006.
47	Section 2.  Paragraphs (b) and (d) of subsection (1) and
48	subsections (4) and (6) of section 713.135, Florida Statutes,
49	are amended, and paragraph (e) is added to subsection (1) of
50	that section, to read:
51	713.135  Notice of commencement and applicability of
52	lien.--
53	(1)  When any person applies for a building permit, the
54	authority issuing such permit shall:
55	(b)  Provide the applicant and the owner of the real
56	property upon which improvements are to be constructed with a
57	printed statement stating that the right, title, and interest of
58	the person who has contracted for the improvement may be subject
59	to attachment under the Construction Lien Law. The Department of
60	Business and Professional Regulation shall furnish, for
61	distribution, the statement described in this paragraph, and the
62	statement must be a summary of the Construction Lien Law and
63	must include an explanation of the provisions of the
64	Construction Lien Law relating to the recording, and the posting
65	of copies, of notices of commencement and a statement
66	encouraging the owner to record a notice of commencement and
67	post a copy of the notice of commencement in accordance with s.
68	713.13. The statement must also contain an explanation of the
69	owner's rights if a lienor fails to furnish the owner with a
70	notice as provided in s. 713.06(2) and an explanation of the
71	owner's rights as provided in s. 713.22. The authority that
72	issues the building permit must obtain from the Department of
73	Business and Professional Regulation the statement required by
74	this paragraph and must mail, deliver by electronic mail or
75	other electronic format or facsimile, or personally deliver that
76	statement to the owner or, in a case in which the owner is
77	required to personally appear to obtain the permit, provide that
78	statement to any owner making improvements to real property
79	consisting of a single or multiple family dwelling up to and
80	including four units. However, the failure by the authorities to
81	provide the summary does not subject the issuing authority to
82	liability.
83	(d)  Furnish to the applicant two or more copies of a form
84	of notice of commencement conforming with s. 713.13. If the
85	direct contract is greater than $2,500, the applicant shall file
86	with the issuing authority prior to the first inspection either
87	a certified copy of the recorded notice of commencement or a
88	notarized statement that the notice of commencement has been
89	filed for recording, along with a copy thereof. In the absence
90	of the filing of a certified copy of the recorded notice of
91	commencement, the issuing authority or a private provider
92	performing inspection services may shall not perform or approve
93	subsequent inspections until the applicant files by mail,
94	facsimile, hand delivery, or any other means such certified copy
95	with the issuing authority. The certified copy of the notice of
96	commencement must contain the name and address of the owner, the
97	name and address of the contractor, and the location or address
98	of the property being improved. The issuing authority shall
99	verify that the name and address of the owner, the name of the
100	contractor, and the location or address of the property being
101	improved which is contained in the certified copy of the notice
102	of commencement is consistent with the information in the
103	building permit application. The issuing authority shall provide
104	the recording information on the certified copy of the recorded
105	notice of commencement to any person upon request. This
106	subsection does not require the recording of a notice of
107	commencement prior to the issuance of a building permit. If a
108	local government requires a separate permit or inspection for
109	installation of temporary electrical service or other temporary
110	utility service, land clearing, or other preliminary site work,
111	such permits may be issued and such inspections may be conducted
112	without providing the issuing authority with a certified copy of
113	a recorded notice of commencement or a notarized statement
114	regarding a recorded notice of commencement. This subsection
115	does not apply to a direct contract to repair or replace an
116	existing heating or air-conditioning system in an amount less
117	than $7,500 $5,000.
118	(e)  Not require that a notice of commencement be recorded
119	as a condition of the application for or processing or issuance
120	of a building permit. However, this paragraph does not modify or
121	waive the inspection requirements set forth in this subsection.
122	(4)  The several boards of county commissioners, municipal
123	councils, or other similar bodies may by ordinance or resolution
124	establish reasonable fees for furnishing copies of the forms and
125	the printed statement provided in paragraphs paragraph (1)(b)
126	and (d) in an amount not to exceed $5 to be paid by the
127	applicant for each permit in addition to all other costs of the
128	permit; however, no forms or statement need be furnished,
129	mailed, or otherwise provided to, nor may such additional fee be
130	obtained from, applicants for permits in those cases in which
131	the owner of a legal or equitable interest (including that of
132	ownership of stock of a corporate landowner) of the real
133	property to be improved is engaged in the business of
134	construction of buildings for sale to others and intends to make
135	the improvements authorized by the permit on the property and
136	upon completion will offer the improved real property for sale.
137	(6)(a)  In addition to any other information required by
138	the authority issuing the permit, the building permit
139	application must be in substantially the following form:
140
141	Tax Folio No.__________
142	BUILDING PERMIT APPLICATION
143
144	Owner's Name
145	Owner's Address
146	Fee Simple Titleholder's Name (If other than owner)
147	Fee Simple Titleholder's Address (If other than owner)
148	City
149	State_______________ Zip_______________
150	Contractor's Name
151	Contractor's Address
152	City
153	State_______________ Zip_______________
154	Job Name
155	Job Address
156	City____________________ County_______________
157	Legal Description
158	Bonding Company
159	Bonding Company Address
160	City____________________ State_______________
161	Architect/Engineer's Name
162	Architect/Engineer's Address
163	Mortgage Lender's Name
164	Mortgage Lender's Address
165
166	Application is hereby made to obtain a permit to do the
167	work and installations as indicated. I certify that no work or
168	installation has commenced prior to the issuance of a permit and
169	that all work will be performed to meet the standards of all
170	laws regulating construction in this jurisdiction. I understand
171	that a separate permit must be secured for ELECTRICAL WORK,
172	PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
173	TANKS, and AIR CONDITIONERS, etc.
174
175	OWNER'S AFFIDAVIT: I certify that all the foregoing information
176	is accurate and that all work will be done in compliance with
177	all applicable laws regulating construction and zoning.
178
179
180	WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
181	COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
182	YOUR PROPERTY.
183
184
185	IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR
186	AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
187
188	(Signature of Owner or Agent)
189	(including contractor)
190	STATE OF FLORIDA
191	COUNTY OF _____
192
193
194	Sworn to (or affirmed) and subscribed before me this _____
195	day of _____,   (year)  , by   (name of person making statement)
196	.
197
198	(Signature of Notary Public - State of Florida)
199	(Print, Type, or Stamp Commissioned Name of Notary Public)
200
201	Personally Known _____ OR Produced Identification _____
202
203	Type of Identification Produced _______________
204	(Signature of Contractor)
205
206
207	STATE OF FLORIDA
208	COUNTY OF _____
209
210
211	Sworn to (or affirmed) and subscribed before me this _____
212	day of _____,   (year)  , by   (name of person making statement)
213
214
215	(Signature of Notary Public - State of Florida)
216	(Print, Type, or Stamp Commissioned Name of Notary Public)
217
218	Personally Known _____ OR Produced Identification _____
219
220	Type of Identification Produced _______________
221
222	(Certificate of Competency Holder)
223
224	Contractor's State Certification or Registration No._____
225
226	Contractor's Certificate of Competency No.__________
227
228	APPLICATION APPROVED BY
229	____________________ Permit Officer
230
231	(b)  Consistent with the requirements of paragraph (a), an
232	authority responsible for issuing building permits under this
233	section may accept a building permit application in an
234	electronic format, as prescribed by the authority. Building
235	permit applications submitted to the authority electronically
236	must contain the following additional statement in lieu of the
237	requirement in paragraph (a) that a signed, sworn, and notarized
238	signature of the owner or agent and the contractor be part of
239	the owner's affidavit:
240
241	OWNER'S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
242	perjury, I declare that all the information contained in this
243	building permit application is true and correct.
244
245	(c)  An authority responsible for issuing building permit
246	applications which accepts building permit applications in an
247	electronic format shall provide public Internet access to the
248	electronic building permit applications in a searchable format.
249	Section 3.  Paragraph (b) of subsection (1) of section
250	713.18, Florida Statutes, is amended to read:
251	713.18  Manner of serving notices and other instruments.--
252	(1)  Service of notices, claims of lien, affidavits,
253	assignments, and other instruments permitted or required under
254	this part, or copies thereof when so permitted or required,
255	unless otherwise specifically provided in this part, must be
256	made by one of the following methods:
257	(b)  By sending the same by registered or certified mail,
258	with postage prepaid, or by overnight or second-day delivery
259	with evidence of delivery, which may be in an electronic format.
260	1.  If a notice to owner, a notice to contractor under s.
261	713.23, or a preliminary notice under s. 255.05 is mailed by
262	registered or certified mail with postage prepaid to the person
263	to be served at any of the addresses set forth in subparagraph
264	2. within 40 days after the date the lienor first furnishes
265	labor, services, or materials, service of that notice is
266	effective as of the date of mailing if the person who served the
267	notice maintains a registered or certified mail log that shows
268	the registered or certified mail number issued by the United
269	States Postal Service, the name and address of the person
270	served, and the date stamp of the United States Postal Service
271	confirming the date of mailing or if the person who served the
272	notice maintains electronic tracking records generated through
273	use of the United States Postal Service Confirm service or a
274	similar service containing the postal tracking number, the name
275	and address of the person served, and verification of the date
276	of receipt by the United States Postal Service.
277	2.  If an instrument served pursuant to this section to the
278	last address shown in the notice of commencement or any
279	amendment thereto or, in the absence of a notice of
280	commencement, to the last address shown in the building permit
281	application, or to the last known address of the person to be
282	served, is not received, but is returned as being "refused,"
283	"moved, not forwardable," or "unclaimed," or is otherwise not
284	delivered or deliverable through no fault of the person serving
285	the item, then service is effective on the date the notice was
286	sent.
287	Section 4.  Section 713.35, Florida Statutes, is amended to
288	read:
289	713.35  Making or furnishing false statement.--Any person,
290	firm, or corporation who knowingly and intentionally makes or
291	furnishes to another person, firm, or corporation, a written
292	statement in the form of an affidavit, a waiver or release of
293	lien, or other document, whether or not under oath, containing
294	false information about the payment status of subcontractors,
295	sub-subcontractors, or suppliers in connection with the
296	improvement of real property in this state, knowing that the one
297	to whom it was furnished might rely on it, and the one to whom
298	it was furnished will part with draw payments or final payment
299	relying on the truth of such statement as an inducement to do so
300	commits is guilty of a felony of the third degree, punishable as
301	provided in s. 775.082 or s. 775.083. A state attorney or the
302	statewide prosecutor, upon the filing of an indictment or
303	information against a contractor, subcontractor, or sub-
304	subcontractor which charges such person with a violation of this
305	section, shall forward a copy of the indictment or information
306	to the Department of Business and Professional Regulation. The
307	Department of Business and Professional Regulation shall
308	promptly open an investigation into the matter and, if probable
309	cause is found, shall furnish a copy of any investigative report
310	to the state attorney or statewide prosecutor who furnished a
311	copy of the indictment or information and to the owner of the
312	property which is the subject of the investigation.
313	Section 5.  Except as otherwise expressly provided in this
314	act, this act shall take effect October 1, 2006.

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