Florida Senate - 2010                      CS for CS for SB 1048
       
       
       
       By the Committees on Judiciary; and Regulated Industries; and
       Senator Baker
       
       
       
       590-03780-10                                          20101048c2
    1                        A bill to be entitled                      
    2         An act relating to construction bonds; amending s.
    3         255.05, F.S.; requiring that a contractor record in
    4         the official records a payment bond for a public works
    5         construction project; requiring that the bond number
    6         be stated on the first page of the bond; prohibiting
    7         the issuing authority for a building permit or a
    8         private provider performing inspection services from
    9         inspecting the property being improved until certain
   10         documents are filed; providing that a payment and
   11         performance bond is not required for certain
   12         contracts; authorizing certain entities to exempt
   13         certain contracts from the requirement for a payment
   14         and performance bond; requiring the clerk of court to
   15         mail a notice of contest of lien by certified or
   16         registered mail; amending s. 713.015, F.S.; requiring
   17         that a contractor provide an owner with a general
   18         statement of an owner’s rights and responsibilities
   19         under Florida’s Construction Lien Law; requiring that
   20         a signed copy of the statement be filed with the
   21         building permit application; specifying the form and
   22         content of the statement; deleting the requirement
   23         that notice be included in the direct contract between
   24         the contractor and the owner; amending s. 713.06,
   25         F.S.; revising the form of a notice for liens of
   26         persons not in privity with the owner; amending s.
   27         713.09, F.S.; including improvements to units in
   28         provisions relating to a single claim of lien;
   29         deleting certain requirements relating to direct
   30         contracts; amending s. 713.13, F.S.; revising the form
   31         of the notice of commencement; requiring the posting
   32         of a payment bond on a job site; amending s. 713.135,
   33         F.S.; revising the warning to the owner printed on
   34         certain permit cards; deleting a requirement relating
   35         to filing a notice of commencement before certain
   36         inspections; revising the warning to the owner
   37         provided on a building permit form; deleting
   38         provisions requiring the authority issuing a building
   39         permit to provide certain statements and information;
   40         requiring the Department of Business and Professional
   41         Regulation to include forms and information relating
   42         to the construction lien laws on its website; creating
   43         s. 713.137, F.S.; prohibiting the authority issuing a
   44         building permit or a private provider performing
   45         inspection services from inspecting an improvement
   46         until certain documents have been filed and the
   47         information in the notice of commencement meets
   48         certain standards; providing exceptions; amending s.
   49         713.16, F.S.; revising requirements for demands for a
   50         copy of a construction contract and a statement of
   51         account; authorizing a lienor who submits or mails a
   52         claim of lien to the clerk for recording to make
   53         certain demands to an owner for certain written
   54         statements; providing requirements for such written
   55         demands; amending s. 713.18, F.S.; providing
   56         additional methods by which certain items may be
   57         served by mail; specifying the information required on
   58         certain written instruments under certain
   59         circumstances; amending s. 713.22, F.S.; requiring
   60         that the clerk of court serve a notice of contest of
   61         lien; amending s. 713.23, F.S.; requiring that the
   62         clerk of court mail a notice of contest of nonpayment
   63         by certified or registered mail; conforming cross
   64         references; amending s. 713.24, F.S.; requiring that
   65         the clerk of court mail, by certified or registered
   66         mail, a copy of the certificate showing the transfer
   67         of a lien and a copy of the security if the lien is
   68         transferred to a security; authorizing a clerk to
   69         collect certain service charges under certain
   70         circumstances; providing an effective date.
   71  
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Subsection (1) and paragraph (a) of subsection
   75  (2) of section 255.05, Florida Statutes, are amended to read:
   76         255.05 Bond of contractor constructing public buildings;
   77  form; action by materialmen.—
   78         (1)(a) Any person entering into a formal contract with the
   79  state or any county, municipality city, or political subdivision
   80  thereof, or other public authority or private entity, for the
   81  construction of a public building, for the prosecution and
   82  completion of a public work, or for repairs upon a public
   83  building or public work shall be required, before commencing the
   84  work or before recommencing the work after a default or
   85  abandonment, to execute and, deliver to the public owner, and
   86  record in the public records of the county where the improvement
   87  is located, a payment and performance bond with a surety insurer
   88  authorized to do business in this state as surety.
   89         (a) A public entity may not require a contractor to secure
   90  a surety bond under this section from a specific agent or
   91  bonding company.
   92         (b) The bond must state on its front page: the name,
   93  principal business address, and phone number of the contractor,
   94  the surety, the owner of the property being improved, and, if
   95  different from the owner, the contracting public entity; the
   96  contract number assigned by the contracting public entity; the
   97  bond number assigned by the surety; and a description of the
   98  project sufficient to identify it, such as a legal description
   99  or the street address of the property being improved, and a
  100  general description of the improvement.
  101         (c) Such bond shall be conditioned upon the contractor’s
  102  performance of the construction work in the time and manner
  103  prescribed in the contract and promptly making payments to all
  104  persons defined in s. 713.01 who furnish labor, services, or
  105  materials for the prosecution of the work provided for in the
  106  contract.
  107         (d)The contractor shall record the payment bond upon
  108  issuance in the official records of the county in which the
  109  improvement will be located.
  110         (e)1.The issuing authority for the building permit, or a
  111  private provider performing inspection services, may not inspect
  112  the property being improved until:
  113         a.The issuing authority has a copy of the contractor’s
  114  recorded payment bond on file; or
  115         b.The contracting public entity has filed with the issuing
  116  authority a notarized statement stating that the contract is
  117  exempt from the requirement for a payment bond as provided in
  118  this section.
  119         2.This paragraph does not apply to inspections for the
  120  installation of temporary electrical service or other temporary
  121  utility service, land clearing, or other preliminary site work.
  122         (f) Any claimant may apply to the governmental entity
  123  having charge of the work for copies of the contract and bond
  124  and shall thereupon be furnished with a certified copy of the
  125  contract and bond. The claimant has shall have a right of action
  126  against the contractor and surety for the amount due him or her,
  127  including unpaid finance charges due under the claimant’s
  128  contract. Such action shall not involve the public authority in
  129  any expense.
  130         (g)1.A payment and performance bond is not required for a
  131  contract with the state for $100,000 or less. When such work is
  132  done for the state and the contract is for $100,000 or less, no
  133  payment and performance bond shall be required.
  134         2.At the discretion of The official or board awarding a
  135  such contract when such work is done for a any county,
  136  municipality city, political subdivision, or public authority
  137  may exempt a contract, any person entering into such a contract
  138  which is for $200,000 or less from the requirement for a may be
  139  exempted from executing the payment and performance bond.
  140         3.When such work is done for the state, The Secretary of
  141  Management Services may delegate to a state agency agencies the
  142  authority to exempt any person entering into such a contract for
  143  amounting to more than $100,000 but less than $200,000 from the
  144  requirement for a executing the payment and performance bond. If
  145  In the event such exemption is granted, the officer or officials
  146  are shall not be personally liable to persons suffering loss
  147  because of granting such exemption. The Department of Management
  148  Services shall maintain information on the number of requests by
  149  state agencies for delegation of authority to waive the bond
  150  requirements by agency and project number and whether any
  151  request for delegation was denied and the justification for the
  152  denial.
  153         (h) Any provision in a payment bond furnished for public
  154  work contracts as provided by this subsection which restricts
  155  the classes of persons as defined in s. 713.01 protected by the
  156  bond or the venue of any proceeding relating to such bond is
  157  unenforceable.
  158         (i)(b) The Department of Management Services shall adopt
  159  rules with respect to all contracts for $200,000 or less, to
  160  provide:
  161         1. Procedures for retaining up to 10 percent of each
  162  request for payment submitted by a contractor and procedures for
  163  determining disbursements from the amount retained on a pro rata
  164  basis to laborers, materialmen, and subcontractors, as defined
  165  in s. 713.01.
  166         2. Procedures for requiring certification from laborers,
  167  materialmen, and subcontractors, as defined in s. 713.01, prior
  168  to final payment to the contractor, that such laborers,
  169  materialmen, and subcontractors have no claims against the
  170  contractor resulting from the completion of the work provided
  171  for in the contract.
  172  
  173  The state is shall not be held liable to any laborer,
  174  materialman, or subcontractor for any amounts greater than the
  175  pro rata share as determined under this section.
  176         (j)(c)1. The amount of the bond shall equal the contract
  177  price, except that for a contract in excess of $250 million, if
  178  the state, county, municipality, political subdivision, or other
  179  public entity finds that a bond in the amount of the contract
  180  price is not reasonably available, the public owner shall set
  181  the amount of the bond at the largest amount reasonably
  182  available, but not less than $250 million.
  183         2. For construction-management or design-build contracts,
  184  if the public owner does not include in the bond amount the cost
  185  of design or other nonconstruction services, the bond may not be
  186  conditioned on performance of such services or payment to
  187  persons furnishing such services. Notwithstanding paragraph (h)
  188  (a), such a bond may exclude persons furnishing such services
  189  from the classes of persons protected by the bond.
  190         (2)(a)1. If a claimant is no longer furnishing labor,
  191  services, or materials on a project, a contractor or the
  192  contractor’s agent or attorney may elect to shorten the
  193  prescribed time in this paragraph within which an action to
  194  enforce any claim against a payment bond must provided pursuant
  195  to this section may be commenced by recording in the clerk’s
  196  office a notice in substantially the following form:
  197                     NOTICE OF CONTEST OF CLAIM                    
  198                        AGAINST PAYMENT BOND                       
  199  
  200  To: ...(Name and address of claimant)...
  201  
  202         You are notified that the undersigned contests your notice
  203  of nonpayment, dated ............, ........, and served on the
  204  undersigned on ............, ........, and that the time within
  205  which you may file suit to enforce your claim is limited to 60
  206  days after the date of service of this notice.
  207  
  208         DATED on ............, .........
  209  
  210  Signed:...(Contractor or Attorney)...
  211  
  212  The claim of any claimant upon whom such notice is served and
  213  who fails to institute a suit to enforce his or her claim
  214  against the payment bond within 60 days after service of such
  215  notice shall be extinguished automatically. The clerk shall mail
  216  a copy of the notice of contest to the claimant at the address
  217  shown in the notice of nonpayment or most recent amendment
  218  thereto by certified or registered mail, return receipt
  219  requested, and shall certify to such service on the face of such
  220  notice and record the notice. Service is complete upon mailing.
  221         2. A claimant, except a laborer, who is not in privity with
  222  the contractor shall, before commencing or not later than 45
  223  days after commencing to furnish labor, services, or materials
  224  for the prosecution of the work, furnish the contractor with a
  225  written notice that he or she intends to look to the bond for
  226  protection. A claimant who is not in privity with the contractor
  227  and who has not received payment for his or her labor, services,
  228  or materials shall deliver to the contractor and to the surety
  229  written notice of the performance of the labor or delivery of
  230  the materials or supplies and of the nonpayment. The notice of
  231  nonpayment may be served at any time during the progress of the
  232  work or thereafter but not before 45 days after the first
  233  furnishing of labor, services, or materials, and not later than
  234  90 days after the final furnishing of the labor, services, or
  235  materials by the claimant or, with respect to rental equipment,
  236  not later than 90 days after the date that the rental equipment
  237  was last on the job site available for use. Any notice of
  238  nonpayment served by a claimant who is not in privity with the
  239  contractor which includes sums for retainage must specify the
  240  portion of the amount claimed for retainage. An No action for
  241  the labor, materials, or supplies may not be instituted against
  242  the contractor or the surety unless both notices have been
  243  given. Notices required or permitted under this section may be
  244  served in accordance with s. 713.18. A claimant may not waive in
  245  advance his or her right to bring an action under the bond
  246  against the surety. In any action brought to enforce a claim
  247  against a payment bond under this section, the prevailing party
  248  is entitled to recover a reasonable fee for the services of his
  249  or her attorney for trial and appeal or for arbitration, in an
  250  amount to be determined by the court, and the which fee must be
  251  taxed as part of the prevailing party’s costs, as allowed in
  252  equitable actions. The time periods for service of a notice of
  253  nonpayment or for bringing an action against a contractor or a
  254  surety shall be measured from the last day of furnishing labor,
  255  services, or materials by the claimant and shall not be measured
  256  by other standards, such as the issuance of a certificate of
  257  occupancy or the issuance of a certificate of substantial
  258  completion.
  259         Section 2. Section 713.015, Florida Statutes, is amended to
  260  read:
  261         713.015 General statement of owner’s rights and
  262  responsibilities Mandatory provisions for direct contracts.—
  263         (1) For any direct contract greater than $2,500 between an
  264  owner and a contractor, related to improvements to real property
  265  consisting of single or multiple family dwellings up to and
  266  including four units, the contractor must provide the owner with
  267  a copy of the general statement of owner’s rights and
  268  responsibilities under Florida’s Construction Lien Law as set
  269  forth in subsection (2), which must be contain the following
  270  notice provision printed in no less than 12-point, capitalized,
  271  boldfaced type on the front page of the contract or on a
  272  separate page, signed by the owner and dated, and submitted with
  273  the original building permit application pursuant to s.
  274  713.135.:
  275  
  276  ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001
  277  713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR
  278  PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
  279  RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.
  280  THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR
  281  OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB
  282  SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED
  283  MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE
  284  ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR
  285  CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
  286  PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE
  287  SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
  288  SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED
  289  TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS
  290  CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
  291  REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY
  292  PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.”
  293  FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
  294  RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
  295         (2)The general statement of an owner’s rights and
  296  responsibilities under Florida’s Construction Lien Law must be
  297  in substantially the following form, must include the
  298  information contained in the following form, and must include a
  299  copy of a notice of commencement as provided in s. 713.13(1).
  300  
  301      GENERAL STATEMENT OF OWNER’S RIGHTS AND RESPONSIBILITIES     
  302                UNDER FLORIDA’S CONSTRUCTION LIEN LAW              
  303           (Required by Section 713.015, Florida Statutes)         
  304  
  305         ABOUT THIS DOCUMENT.Florida law requires your contractor
  306  to provide you with this document when you are contracting to
  307  make improvements to real property. It is critical that you have
  308  some understanding of Florida’s construction lien and payment
  309  laws and take appropriate steps to protect your investment and
  310  fulfill your obligations to those who provide labor, services or
  311  materials for your project.
  312  
  313         You must acknowledge that you have received and read this
  314  document by signing on the signature page. The original signed
  315  document must be delivered to the building permit authority,
  316  along with the building permit application for your project.
  317  Your building permit application will not be processed unless
  318  this signed document is in the file. You need to retain a copy
  319  of this document so that you can follow the procedures described
  320  in the document and identify the proper statutory forms as you
  321  proceed with your construction project.
  322  
  323         IT IS ALWAYS RECOMMENDED THAT YOU CONSULT LEGAL ADVICE
  324  BEFORE UNDERTAKING REAL PROPERTY IMPROVEMENTS. IF YOU HAVE
  325  QUESTIONS REGARDING THE INFORMATION CONTAINED IN THIS DOCUMENT,
  326  SEEK THE ADVICE OF A FLORIDA CONSTRUCTION LAW ATTORNEY.
  327  
  328         THE FLORIDA CONSTRUCTION LIEN LAW.—Part I of chapter 713,
  329  Florida Statutes (F.S.), governs private construction projects
  330  in this state. The complete text of this law can be found at
  331  www.leg.state.fl.us. This statement is a guide and does not take
  332  precedence over the language of Florida’s Construction Lien Law.
  333  
  334         Under this law, those who work on your property or provide
  335  materials and services and who are not paid in full have a right
  336  to enforce their claim for payment against your property. This
  337  claim is known as a construction lien. If your contractor or a
  338  subcontractor fails to pay subcontractors, sub-subcontractors,
  339  or material suppliers, those people who are owed money may look
  340  to your property for payment even if you have already paid your
  341  contractor in full. If you fail to pay your contractor, your
  342  contractor may also have a lien on your property. This means
  343  that if a valid lien is filed, your property could be sold
  344  against your will to pay for labor, services, or materials that
  345  your contractor or a subcontractor may have failed to pay.
  346  
  347         FLORIDA LAW ALSO PROVIDES PROCEDURES TO PROTECT OWNERS FROM
  348  PAYING MORE THAN THE AMOUNT OF THEIR CONTRACT. IF YOU FOLLOW THE
  349  FOUR STEPS SET FORTH BELOW, YOU WILL PROTECT YOURSELF FROM VALID
  350  LIENS AGAINST YOUR PROPERTY, AND FROM PAYING TWICE FOR LABOR,
  351  SERVICES, OR MATERIALS FURNISHED FOR YOUR PROJECT.
  352  
  353         STEP 1THE NOTICE OF COMMENCEMENT.An owner is required
  354  by law to complete, sign, and record in the public records a
  355  Notice of Commencement for all direct contracts that exceed
  356  $2,500. The information provided in the recorded Notice of
  357  Commencement is relied upon by all parties who provide labor,
  358  services or materials for your project. A copy of the statutory
  359  Notice of Commencement form required by s. 713.13, Florida
  360  Statutes, is attached to this document.
  361  
  362         If a lender is financing your project, the lender will
  363  assist you in completing the Notice of Commencement and is
  364  responsible for recording it in the public records. It is
  365  critical that your Notice of Commencement be recorded after any
  366  construction loan or mortgage documents are recorded. If you are
  367  not using a lender, preparing and recording the Notice of
  368  Commencement is your responsibility. The Notice of Commencement
  369  must be recorded before commencing construction and posted on
  370  your jobsite. For most projects, a copy of the recorded Notice
  371  of Commencement must be submitted to the building permit
  372  authority prior to the first building inspection.
  373  
  374         STEP 2 MONITOR THE DOCUMENTS AND NOTICES YOU RECEIVE.
  375  Pick up your certified mail. Most lien notices are served by
  376  certified mail and you need to know who is providing labor,
  377  services, or materials for your project. The law provides that
  378  any properly addressed notices that are returned to the sender
  379  through no fault of the sender are considered served on the date
  380  sent, so failing to claim certified mail only hurts you.
  381  
  382         If you expect to be absent for periods of time during your
  383  project, you should have an attorney or other agent in a
  384  position of trust who understands the law handle these details
  385  for you. Make sure someone is receiving your mail and taking
  386  steps to obtain the necessary lien releases before making
  387  payments to your contractor. If you receive anything that you do
  388  not understand, seek the assistance of an experienced
  389  construction law attorney.
  390  
  391         STEP 3  OBTAIN SIGNED LIEN WAIVERS EACH TIME YOU MAKE A
  392  PAYMENT TO YOUR CONTRACTOR.Each time you pay your contractor
  393  you should obtain a Waiver and Release of Lien form from the
  394  contractor AND from anyone who has served you with a Notice to
  395  Owner. Make sure that each release waives lien rights against
  396  your project for work or materials furnished through the date of
  397  the work or materials that your payment covers. This date is
  398  probably not the date you are making the payment, but a date
  399  prior to the payment date through which labor, services, or
  400  materials have been billed.
  401  
  402         UNDER FLORIDA LAW, YOU HAVE THE RIGHT TO WITHHOLD PAYMENTS
  403  OWED TO THE CONTRACTOR UNTIL YOU HAVE BEEN PROVIDED WITH A
  404  WRITTEN WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT OR A
  405  WRITTEN WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT SHOWING
  406  THAT THE LIENOR’S CLAIM FOR PAYMENT HAS BEEN PAID.
  407  
  408         There are two statutory Waiver and Release of Lien forms.
  409  The signed Waiver and Release of Lien Upon Progress Payment
  410  should be provided to you by a contractor, subcontractor, or
  411  material supplier each time you make a progress payment to your
  412  contractor. The signed Waiver and Release of Lien Upon Final
  413  Payment should be submitted by your contractor, a subcontractor,
  414  or material supplier when they are finished furnishing all work
  415  or materials for your project and have received final payment.
  416  Once you receive a final waiver from a contractor,
  417  subcontractor, or material supplier, you should not need another
  418  waiver unless they are hired to do additional work.
  419  
  420         STEP 4 OBTAIN A CONTRACTOR’S FINAL PAYMENT AFFIDAVIT
  421  BEFORE YOU MAKE FINAL PAYMENT TO YOUR CONTRACTOR.—In addition to
  422  obtaining Final Waiver and Release of Lien forms from the
  423  contractor and anyone who has served you with a Notice to Owner,
  424  you should obtain a Contractor’s Final Payment Affidavit before
  425  you make final payment to your contractor. This sworn affidavit
  426  should reflect that everyone who supplied labor, services, or
  427  materials on your project has been paid in full or should list
  428  those subcontractors and suppliers who are still owed money.
  429  Make sure that anyone listed as not being paid in full is paid
  430  before making final payment to your contractor. You have a right
  431  to rely on the information contained in the sworn affidavit when
  432  you make final payment to your contractor with respect to any
  433  lienor who has not served a Notice to Owner. If a lienor has
  434  served you with a Notice to Owner, you should obtain a Waiver
  435  and Release of Lien Upon Final Payment from that lienor.
  436  
  437                 OWNER’S ACKNOWLEDGMENT AND RECEIPT                
  438  
  439         The undersigned owner(s) of Florida real property hereby
  440  acknowledge that they are preparing to enter into a contract
  441  with _____________________________________________for the
  442  construction of real property improvements to the following
  443  described property (insert address or legal description):
  444         _________________________________________
  445         _________________________________________
  446  ..(Signature of Property Owner)......(Date)...
  447  ...(Signature of Property Owner)......(Date)...
  448  
  449         Attached Statutory Form: Notice of Commencement
  450         Additional information regarding license and insurance
  451  requirements for contractors and copies of the statutory forms
  452  discussed in this document can be obtained online at
  453  www.myflorida.com/dbpr/pro/cilb.
  454         (2)(a)If the contract is written, the notice must be in
  455  the contract document. If the contract is oral or implied, the
  456  notice must be provided in a document referencing the contract.
  457         (3)(b) The failure to provide such written notice does not
  458  bar the enforcement of a lien against a person who has not been
  459  adversely affected.
  460         (4)(c) This section may not be construed to adversely
  461  affect the lien and bond rights of lienors who are not in
  462  privity with the owner. This section does not apply when the
  463  owner is a contractor licensed under chapter 489 or is a person
  464  who created parcels or offers parcels for sale or lease in the
  465  ordinary course of business.
  466         Section 3. Paragraph (c) of subsection (2) of section
  467  713.06, Florida Statutes, is amended to read:
  468         713.06 Liens of persons not in privity; proper payments.—
  469         (2)
  470         (c) The notice may be in substantially the following form
  471  and must include the information and the warning contained in
  472  the following form:
  473  
  474         WARNING! FLORIDA’S CONSTRUCTION LIEN LAW ALLOWS SOME
  475         UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL
  476         SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF
  477         YOU HAVE MADE PAYMENT IN FULL.
  478  
  479  UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID
  480  MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING
  481  TWICE.
  482         TO PROTECT YOURSELF, EACH TIME YOU MAKE A PAYMENT TO THE
  483  CONTRACTOR ASK YOUR CONTRACTOR TO PROVIDE YOU WITH A WRITTEN
  484  WAIVER AND RELEASE OF LIEN FROM US. FOR ADDITIONAL INFORMATION,
  485  REFER TO THE GENERAL STATEMENT OF OWNER’S RIGHTS AND
  486  RESPONSIBILITIES WHICH WAS PROVIDED TO YOU BY OUR CONTRACTOR AT
  487  THE BEGINNING OF YOUR CONSTRUCTION PROJECT. AVOID A LIEN AND
  488  PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY
  489  TIME YOU PAY YOUR CONTRACTOR.
  490                           NOTICE TO OWNER                         
  491  
  492  To ...(Owner’s name and address)...
  493  
  494  The undersigned hereby informs you that he or she has furnished
  495  or is furnishing services or materials as follows:
  496  ...(General description of services or materials)... for the
  497  improvement of the real property identified as ...(property
  498  description)... under an order given by.............
  499  
  500  Florida law prescribes the serving of this notice and restricts
  501  your right to make payments under your contract in accordance
  502  with Section 713.06, Florida Statutes.
  503                      IMPORTANT INFORMATION FOR                    
  504                           YOUR PROTECTION                         
  505  
  506         Under Florida’s laws, those who work on your property or
  507  provide materials and are not paid have a right to enforce their
  508  claim for payment against your property. This claim is known as
  509  a construction lien.
  510         If your contractor fails to pay subcontractors or material
  511  suppliers or neglects to make other legally required payments,
  512  the people who are owed money may look to your property for
  513  payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.
  514  
  515  PROTECT YOURSELF:
  516         —RECOGNIZE that this Notice to Owner may result in a lien
  517  against your property unless all those supplying a Notice to
  518  Owner have been paid.
  519         —LEARN more about the Construction Lien Law, Chapter 713,
  520  Part I, Florida Statutes, and the meaning of this notice by
  521  contacting an attorney or the Florida Department of Business and
  522  Professional Regulation.
  523  ......(Lienor’s Signature)......
  524  ......(Lienor’s Name)......
  525  ......(Lienor’s Address)......
  526  
  527  Copies to: ...(Those persons listed in Section 713.06(2)(a) and
  528  (b), Florida Statutes)...
  529  The form may be combined with a notice to contractor given under
  530  s. 255.05 or s. 713.23 and, if so, may be entitled “NOTICE TO
  531  OWNER/NOTICE TO CONTRACTOR.”
  532         Section 4. Section 713.09, Florida Statutes, is amended to
  533  read:
  534         713.09 Single claim of lien.—A lienor may is required to
  535  record only one claim of lien covering his or her entire demand
  536  against the real property when the amount demanded is for labor
  537  or services or material furnished for more than one improvement
  538  under the same direct contract. The single claim of lien is
  539  sufficient even though the improvement is for one or more
  540  improvements located on separate lots, parcels, units, or tracts
  541  of land. If materials to be used on one or more improvements on
  542  separate lots, parcels, units, or tracts of land under one
  543  direct contract are delivered by a lienor to a place designated
  544  by the person with whom the materialman contracted, other than
  545  the site of the improvement, the delivery to the place
  546  designated is prima facie evidence of delivery to the site of
  547  the improvement and incorporation in the improvement. The single
  548  claim of lien may be limited to a part of multiple lots,
  549  parcels, or tracts of land and their improvements or may cover
  550  all of the lots, parcels, units, or tracts of land and
  551  improvements. In each claim of lien under this section, the
  552  owner under the direct contract must be the same person for all
  553  lots, parcels, or tracts of land against which a single claim of
  554  lien is recorded.
  555         Section 5. Section 713.13, Florida Statutes, is amended to
  556  read:
  557         713.13 Notice of commencement.—
  558         (1)(a) Except for an improvement that is exempt pursuant to
  559  s. 713.02(5), an owner or the owner’s authorized agent before
  560  actually commencing to improve any real property, or
  561  recommencing completion of any improvement after default or
  562  abandonment, whether or not a project has a payment bond
  563  complying with s. 713.23, shall record a notice of commencement
  564  in the clerk’s office and forthwith post either a certified copy
  565  thereof or a notarized statement that the notice of commencement
  566  has been filed for recording along with a copy thereof. The
  567  notice of commencement shall contain the following information:
  568         1. A description sufficient for identification of the real
  569  property to be improved. The description should include the
  570  legal description of the property and also should include the
  571  street address and tax folio number of the property if available
  572  or, if there is no street address available, such additional
  573  information as will describe the physical location of the real
  574  property to be improved.
  575         2. A general description of the improvement.
  576         3. The name and address of the owner, the owner’s interest
  577  in the site of the improvement, and the name and address of the
  578  fee simple titleholder, if other than such owner.
  579         4. The name and address of the contractor.
  580         5. The name and address of the surety on the payment bond
  581  under s. 713.23, if any, and the amount of such bond.
  582         6. The name and address of any person making a loan for the
  583  construction of the improvements.
  584         7. The name and address within the state of a person other
  585  than himself or herself who may be designated by the owner as
  586  the person upon whom notices or other documents may be served
  587  under this part; and service upon the person so designated
  588  constitutes service upon the owner.
  589         (b) The owner, at his or her option, may designate a person
  590  in addition to himself or herself to receive a copy of the
  591  lienor’s notice as provided in s. 713.06(2)(b), and if he or she
  592  does so, the name and address of such person must be included in
  593  the notice of commencement.
  594         (c) If the contract between the owner and a contractor
  595  named in the notice of commencement expresses a period of time
  596  for completion for the construction of the improvement greater
  597  than 1 year, the notice of commencement must state that it is
  598  effective for a period of 1 year plus any additional period of
  599  time. Any payments made by the owner after the expiration of the
  600  notice of commencement are considered improper payments.
  601         (d) A notice of commencement must be in substantially the
  602  following form:
  603  
  604  Permit No.....                                 Tax Folio No.....
  605                       NOTICE OF COMMENCEMENT                      
  606  State of....
  607  County of....
  608  
  609  The undersigned hereby gives notice that improvement will be
  610  made to certain real property, and in accordance with Chapter
  611  713, Florida Statutes, the following information is provided in
  612  this Notice of Commencement.
  613         1. Description of property: ...(legal description of the
  614  property, and street address if available)....
  615         2. General description of improvement:.....
  616         3. Owner information:.....
  617         a. Name and address:.....
  618         b. Interest in property:.....
  619         c. Name and address of fee simple titleholder (if other
  620  than Owner):.....
  621         4.a. Contractor: ...(name and address)....
  622         b. Contractor’s phone number:.....
  623         5. Surety...(a copy of the payment bond is attached, if the
  624  project is bonded)....
  625         a. Name and address:.....
  626         b. Phone number:.....
  627         c. Amount of bond: $.....
  628         6.a. Lender:......(name and address).......
  629         b. Lender’s phone number:.....
  630         7.a. Persons within the State of Florida designated by
  631  Owner upon whom notices or other documents may be served as
  632  provided by Section 713.13(1)(a)7., Florida Statutes:
  633  ......(name and address).......
  634         b. Phone numbers of designated persons:.....
  635         8.a. In addition to himself or herself, Owner designates
  636  ............ of ............ to receive a copy of the Lienor’s
  637  Notice as provided in Section 713.13(1)(b), Florida Statutes.
  638         b. Phone number of person or entity designated by
  639  owner:.....
  640         9. Expiration date of notice of commencement (the
  641  expiration date is 1 year from the date of recording unless a
  642  later different date is specified).....
  643  
  644  WARNING TO OWNER: IF THIS NOTICE OF COMMENCEMENT WILL EXPIRE
  645  BEFORE ALL WORK IS COMPLETED AND FINAL PAYMENT IS MADE, THE
  646  EXPIRATION DATE MUST BE EXTENDED. ANY PAYMENTS MADE BY THE OWNER
  647  AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE
  648  CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION
  649  713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE
  650  FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST
  651  BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST
  652  INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
  653  LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR
  654  NOTICE OF COMMENCEMENT.
  655  
  656  Under penalty of perjury, I declare that I have read the
  657  foregoing notice of commencement and that the facts stated
  658  therein are true to the best of my knowledge and belief.
  659  
  660  ......(Signature of Owner or Owner’s Authorized
  661  Officer/Director/Partner/Manager)......
  662  
  663  ......(Signatory’s Title/Office)......
  664  
  665  The foregoing instrument was acknowledged before me this ....
  666  day of ...., ...(year)..., by ...(name of person)... as ...(type
  667  of authority,...e.g. officer, trustee, attorney in fact)... for
  668  ...(name of party on behalf of whom instrument was executed)....
  669  
  670  ...(Signature of Notary Public - State of Florida)...
  671  
  672  ......(Print, Type, or Stamp Commissioned Name of Notary
  673  Public)......
  674  
  675         Personally Known .... OR Produced Identification ....
  676  
  677         Type of Identification Produced............
  678  
  679  Verification pursuant to Section 92.525, Florida Statutes.
  680  
  681  Under penalties of perjury, I declare that I have read the
  682  foregoing and that the facts stated in it are true to the best
  683  of my knowledge and belief.
  684  
  685  ...(Signature of Natural Person Signing Above)...
  686         (e) A copy of any payment bond must be attached at the time
  687  of recordation of the notice of commencement. The failure to
  688  attach a copy of the bond to the notice of commencement when the
  689  notice is recorded negates the exemption provided in s.
  690  713.02(6). However, if a payment bond under s. 713.23 exists but
  691  was not attached at the time of recordation of the notice of
  692  commencement, the bond may be used to transfer any recorded lien
  693  of a lienor except that of the contractor by the recordation and
  694  service of a notice of bond pursuant to s. 713.23(2). The notice
  695  requirements of s. 713.23 apply to any claim against the bond;
  696  however, the time limits for serving any required notices shall
  697  begin running from the later of the time specified in s. 713.23
  698  or the date the notice of bond is served on the lienor.
  699         (f) The giving of a notice of commencement is effective
  700  upon the filing of the notice in the clerk’s office.
  701         (g) The owner must sign the notice of commencement and no
  702  one else may be permitted to sign in his or her stead.
  703         (2) If the improvement described in the notice of
  704  commencement is not actually commenced within 90 days after the
  705  recording thereof, such notice is void and of no further effect.
  706         (3) The recording of a notice of commencement does not
  707  constitute a lien, cloud, or encumbrance on real property, but
  708  gives constructive notice that claims of lien under this part
  709  may be recorded and may take priority as provided in s. 713.07.
  710  The posting of a copy does not constitute a lien, cloud, or
  711  encumbrance on real property, nor actual or constructive notice
  712  of any of them.
  713         (4) This section does not apply to an owner who is
  714  constructing improvements described in s. 713.04.
  715         (5)(a) A notice of commencement that is recorded within the
  716  effective period may be amended to extend the effective period,
  717  change erroneous information in the original notice, or add
  718  information that was omitted from the original notice. However,
  719  in order to change contractors, a new notice of commencement or
  720  notice of recommencement must be executed and recorded.
  721         (b) The amended notice must identify the official records
  722  book and page where the original notice of commencement is
  723  recorded, and a copy of the amended notice must be served by the
  724  owner upon the contractor and each lienor who serves notice
  725  before or within 30 days after the date the amended notice is
  726  recorded.
  727         (6) Unless otherwise provided in the notice of commencement
  728  or a new or amended notice of commencement, a notice of
  729  commencement is not effectual in law or equity against a
  730  conveyance, transfer, or mortgage of or lien on the real
  731  property described in the notice, or against creditors or
  732  subsequent purchasers for a valuable consideration, after 1 year
  733  after the date of recording the notice of commencement.
  734         (7) A lender must, prior to the disbursement of any
  735  construction funds to the contractor, record the notice of
  736  commencement in the clerk’s office as required by this section;
  737  however, the lender is not required to post a certified copy of
  738  the notice at the construction site. The posting of the notice
  739  at the construction site remains the owner’s obligation. The
  740  failure of a lender to record the notice of commencement as
  741  required by this subsection renders the lender liable to the
  742  owner for all damages sustained by the owner as a result of the
  743  failure. Whenever a lender is required to record a notice of
  744  commencement, the lender shall designate the lender, in addition
  745  to others, to receive copies of notices to owner. This
  746  subsection does not give any person other than the owner a claim
  747  or right of action against a lender for failure to record a
  748  notice of commencement.
  749         Section 6. Section 713.135, Florida Statutes, is amended to
  750  read:
  751         713.135 Notice of commencement and applicability of lien.—
  752         (1) When any person applies for a building permit, the
  753  authority issuing such permit shall:
  754         (a)Require the applicant to submit the signed and dated
  755  general statement of an owner’s rights and responsibilities
  756  under Florida’s Construction Lien Law provided in s. 713.015 for
  757  any single-family or multifamily dwelling up to and including
  758  four units. A building permit application may not be processed
  759  unless the signed document is in the file.
  760         (b)(a) Print on the face of each permit card in no less
  761  than 14-point, capitalized, boldfaced type: “WARNING TO OWNER:
  762  IF YOU FAIL YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT, YOU
  763  MAY PAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR
  764  PROPERTY. A NOTICE OF COMMENCEMENT, AND THE CONTRACTOR’S PAYMENT
  765  BOND IF THE PROJECT IS BONDED, MUST BE RECORDED AND POSTED ON
  766  THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO
  767  OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
  768  RECORDING YOUR NOTICE OF COMMENCEMENT.”
  769         (c)(b)Make available to Provide the applicant and the
  770  owner of the real property upon which improvements are to be
  771  constructed copies of the general statement of an owner’s rights
  772  and responsibilities under Florida’s with a printed statement
  773  stating that the right, title, and interest of the person who
  774  has contracted for the improvement may be subject to attachment
  775  under the Construction Lien Law, as described in s. 713.015,
  776  along with the attached statutory form. The issuing authority
  777  may make the general statement and form available in printed
  778  form or on the Internet or both. The Department of Business and
  779  Professional Regulation shall furnish, for distribution, the
  780  statement described in this paragraph, and the statement must be
  781  a summary of the Construction Lien Law and must include an
  782  explanation of the provisions of the Construction Lien Law
  783  relating to the recording, and the posting of copies, of notices
  784  of commencement and a statement encouraging the owner to record
  785  a notice of commencement and post a copy of the notice of
  786  commencement in accordance with s. 713.13. The statement must
  787  also contain an explanation of the owner’s rights if a lienor
  788  fails to furnish the owner with a notice as provided in s.
  789  713.06(2) and an explanation of the owner’s rights as provided
  790  in s. 713.22. The authority that issues the building permit must
  791  obtain from the Department of Business and Professional
  792  Regulation the statement required by this paragraph and must
  793  mail, deliver by electronic mail or other electronic format or
  794  facsimile, or personally deliver that statement to the owner or,
  795  in a case in which the owner is required to personally appear to
  796  obtain the permit, provide that statement to any owner making
  797  improvements to real property consisting of a single or multiple
  798  family dwelling up to and including four units. However, the
  799  failure by the authorities to provide the summary does not
  800  subject the issuing authority to liability.
  801         (c)In addition to providing the owner with the statement
  802  as required by paragraph (b), inform each applicant who is not
  803  the person whose right, title, and interest is subject to
  804  attachment that, as a condition to the issuance of a building
  805  permit, the applicant must promise in good faith that the
  806  statement will be delivered to the person whose property is
  807  subject to attachment.
  808         (d)Furnish to the applicant two or more copies of a form
  809  of notice of commencement conforming with s. 713.13. If the
  810  direct contract is greater than $2,500, the applicant shall file
  811  with the issuing authority prior to the first inspection either
  812  a certified copy of the recorded notice of commencement or a
  813  notarized statement that the notice of commencement has been
  814  filed for recording, along with a copy thereof. In the absence
  815  of the filing of a certified copy of the recorded notice of
  816  commencement, the issuing authority or a private provider
  817  performing inspection services may not perform or approve
  818  subsequent inspections until the applicant files by mail,
  819  facsimile, hand delivery, or any other means such certified copy
  820  with the issuing authority. The certified copy of the notice of
  821  commencement must contain the name and address of the owner, the
  822  name and address of the contractor, and the location or address
  823  of the property being improved. The issuing authority shall
  824         (d) Verify that the name and address of the owner, the name
  825  of the contractor, and the location or address of the property
  826  being improved which is contained in the certified copy of the
  827  notice of commencement is consistent with the information in the
  828  building permit application.
  829         (e)Provide the recording information from the official
  830  public records in which the notice of commencement and payment
  831  bond, if any, are recorded to any person upon request. The
  832  issuing authority shall provide the recording information on the
  833  certified copy of the recorded notice of commencement to any
  834  person upon request. This subsection does not require the
  835  recording of a notice of commencement prior to the issuance of a
  836  building permit. If a local government requires a separate
  837  permit or inspection for installation of temporary electrical
  838  service or other temporary utility service, land clearing, or
  839  other preliminary site work, such permits may be issued and such
  840  inspections may be conducted without providing the issuing
  841  authority with a certified copy of a recorded notice of
  842  commencement or a notarized statement regarding a recorded
  843  notice of commencement. This subsection does not apply to a
  844  direct contract to repair or replace an existing heating or air
  845  conditioning system in an amount less than $7,500.
  846         (f)(e) Not require that a notice of commencement be
  847  recorded as a condition of the application for, or processing or
  848  issuance of, a building permit. However, this paragraph does not
  849  modify or waive the inspection requirements set forth in this
  850  subsection.
  851         (g)Not require that a notice of commencement be recorded
  852  or provided for those projects described in s. 713.137(2).
  853         (2) An issuing authority under subsection (1) is not liable
  854  in any civil action for the failure of the person whose property
  855  is subject to attachment to receive or to be delivered the
  856  general statement of an owner’s rights and responsibilities
  857  under Florida’s a printed statement stating that the right,
  858  title, and interest of the person who has contracted for the
  859  improvement may be subject to attachment under the Construction
  860  Lien Law as provided in s. 713.015.
  861         (3) An issuing authority under subsection (1) is not liable
  862  in any civil action for the failure to verify that a certified
  863  copy of the recorded notice of commencement has been filed in
  864  accordance with this section.
  865         (4) The several boards of county commissioners, municipal
  866  councils, or other similar bodies may by ordinance or resolution
  867  establish reasonable fees for furnishing, upon request, copies
  868  of the forms and the printed statement provided in paragraph
  869  (1)(a) paragraphs (1)(b) and (d) in an amount not to exceed $5
  870  to be paid by the applicant for each permit in addition to all
  871  other costs of the permit; however, no forms or statement need
  872  be furnished, mailed, or otherwise provided to, nor may such
  873  additional fee be obtained from, applicants for permits in those
  874  cases in which the owner of a legal or equitable interest
  875  (including that of ownership of stock of a corporate landowner)
  876  of the real property to be improved is engaged in the business
  877  of construction of buildings for sale to others and intends to
  878  make the improvements authorized by the permit on the property
  879  and upon completion will offer the improved real property for
  880  sale.
  881         (5) In addition to any other information required by the
  882  authority issuing the permit, each building permit application
  883  must contain:
  884         (a) The name and address of the owner of the real property;
  885         (b) The name and address of the contractor;
  886         (c) A description sufficient to identify the real property
  887  to be improved; and
  888         (d) The number or identifying symbol assigned to the
  889  building permit by the issuing authority, which number or symbol
  890  must be affixed to the application by the issuing authority.
  891         (6)(a) In addition to any other information required by the
  892  authority issuing the permit, the building permit application
  893  must be in substantially the following form:
  894  
  895  Tax Folio No.........
  896                     BUILDING PERMIT APPLICATION                   
  897  
  898  Owner’s Name....................................................
  899  Owner’s Address.................................................
  900  Fee Simple Titleholder’s Name (If other than owner).............
  901  Fee Simple Titleholder’s Address (If other than owner)..........
  902  City............................................................
  903  State............ Zip............
  904  Contractor’s Name...............................................
  905  Contractor’s Address............................................
  906  City............................................................
  907  State............ Zip............
  908  Job Name........................................................
  909  Job Address.....................................................
  910  City................                          County............
  911  Legal Description...............................................
  912  Bonding Company.................................................
  913  Bonding Company Address.........................................
  914  City................ State............
  915  Architect/Engineer’s Name.......................................
  916  Architect/Engineer’s Address....................................
  917  Mortgage Lender’s Name..........................................
  918  Mortgage Lender’s Address.......................................
  919  
  920         Application is hereby made to obtain a permit to do the
  921  work and installations as indicated. I certify that no work or
  922  installation has commenced prior to the issuance of a permit and
  923  that all work will be performed to meet the standards of all
  924  laws regulating construction in this jurisdiction. I understand
  925  that a separate permit must be secured for ELECTRICAL WORK,
  926  PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
  927  TANKS, and AIR CONDITIONERS, etc.
  928  
  929  OWNER’S AFFIDAVIT: I certify that all the foregoing information
  930  is accurate and that all work will be done in compliance with
  931  all applicable laws regulating construction and zoning.
  932  
  933         WARNING TO OWNER: IF YOU FAIL YOUR FAILURE TO RECORD A
  934         NOTICE OF COMMENCEMENT, YOU MAY PAY RESULT IN YOUR
  935         PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A
  936         NOTICE OF COMMENCEMENT, AND THE CONTRACTOR’S PAYMENT
  937         BOND IF THE PROJECT IS BONDED, MUST BE RECORDED AND
  938         POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.
  939  
  940         IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
  941         LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR
  942         RECORDING YOUR NOTICE OF COMMENCEMENT.
  943  
  944  ...(Signature of Owner or Agent)...
  945  
  946  ...(including contractor)...
  947  STATE OF FLORIDA
  948  COUNTY OF ....
  949  
  950         Sworn to (or affirmed) and subscribed before me this ....
  951  day of ...., ...(year)..., by ...(name of person making
  952  statement)....
  953  
  954  ...(Signature of Notary Public - State of Florida)...
  955  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  956  
  957         Personally Known .... OR Produced Identification ....
  958  
  959         Type of Identification Produced............
  960  ...(Signature of Contractor)...
  961  
  962  STATE OF FLORIDA
  963  COUNTY OF ....
  964  
  965         Sworn to (or affirmed) and subscribed before me this ....
  966  day of ...., ...(year)..., by ......(name of person making
  967  statement).......
  968  ...(Signature of Notary Public - State of Florida)...
  969  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  970  
  971         Personally Known .... OR Produced Identification ....
  972  
  973         Type of Identification Produced............
  974                 (Certificate of Competency Holder)                
  975  
  976  Contractor’s State Certification or Registration No.....
  977  
  978  Contractor’s Certificate of Competency No.........
  979  
  980  APPLICATION APPROVED BY
  981  ................Permit Officer
  982         (b) Consistent with the requirements of paragraph (a), an
  983  authority responsible for issuing building permits under this
  984  section may accept a building permit application in an
  985  electronic format, as prescribed by the authority. Building
  986  permit applications submitted to the authority electronically
  987  must contain the following additional statement in lieu of the
  988  requirement in paragraph (a) that a signed, sworn, and notarized
  989  signature of the owner or agent and the contractor be part of
  990  the owner’s affidavit:
  991  
  992  OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
  993  perjury, I declare that all the information contained in this
  994  building permit application is true and correct.
  995         (c) An authority responsible for issuing building permit
  996  applications which accepts building permit applications in an
  997  electronic format shall provide public Internet access to the
  998  electronic building permit applications in a searchable format.
  999         (7) This section applies to every municipality and county
 1000  in the state which now has or hereafter may have a system of
 1001  issuing building permits for the construction of improvements or
 1002  for the alteration or repair of improvements on or to real
 1003  property located within the geographic limits of the issuing
 1004  authority.
 1005         (8) The Department of Business and Professional Regulation
 1006  shall furnish, in a consumer-friendly location on its website,
 1007  the general statement of an owner’s rights and responsibilities
 1008  under Florida’s Construction Lien Law, as described in s.
 1009  713.015, and the statutory forms for a notice of commencement,
 1010  waiver and release of lien upon progress payment, waiver and
 1011  release of lien upon final payment, request for sworn statement
 1012  of account, and contractor’s final payment affidavit, in
 1013  addition to any other consumer information relating to
 1014  construction that the department believes is beneficial to
 1015  consumers relating to licensing, insurance requirements, and
 1016  unlicensed activity.
 1017         Section 7. Section 713.137, Florida Statutes, is created to
 1018  read:
 1019         713.137Prerequisites to inspection of improvements;
 1020  exceptions.—
 1021         (1)The authority issuing a building permit or a private
 1022  provider performing inspection services may not inspect the real
 1023  property being improved unless:
 1024         (a)The following documents have been filed with the
 1025  issuing authority:
 1026         1.a.A certified copy of the recorded notice of
 1027  commencement; or
 1028         b.A notarized statement that the notice of commencement
 1029  has been filed for recording, along with a copy of the notice.
 1030         2. If the permit is for a commercial project:
 1031         a.A copy of the contractor’s recorded payment bond; or
 1032         b.A notarized statement of the contractor or owner stating
 1033  that a payment bond was not required.
 1034         3.A signed copy of the general statement of owner’s rights
 1035  and responsibilities under Florida’s Construction Lien Law, if
 1036  required by s. 713.015.
 1037         (b)The information in the notice of commencement filed
 1038  with the issuing authority is consistent with the building
 1039  permit application, complete, and legible.
 1040         (2)This section does not apply to inspections of the
 1041  following improvements:
 1042         (a)The installation of temporary electrical service or
 1043  other temporary utility service, land clearing, or other
 1044  preliminary site work.
 1045         (b)Improvements pursuant to a direct contract in an amount
 1046  of $5,000 or less.
 1047         (c)The repair or replacement of a heating or air
 1048  conditioning system pursuant to a direct contract in an amount
 1049  of $7,500 or less.
 1050         Section 8. Section 713.16, Florida Statutes, is amended to
 1051  read:
 1052         713.16  Demand for copy of contract and statements of
 1053  account; form.—
 1054         (1) A copy of the contract of a lienor or owner and a
 1055  statement of the amount due or to become due if fixed or
 1056  ascertainable thereon must be furnished by any party thereto,
 1057  upon written demand of an owner or a lienor contracting with or
 1058  employed by the other party to such contract. If the owner or
 1059  lienor refuses or neglects to furnish such copy of the contract
 1060  or such statement, or willfully and falsely states the amount
 1061  due or to become due if fixed or ascertainable under such
 1062  contract, any person who suffers any detriment thereby has a
 1063  cause of action against the person refusing or neglecting to
 1064  furnish the same or willfully and falsely stating the amount due
 1065  or to become due for his or her damages sustained thereby. The
 1066  information contained in such copy or statement furnished
 1067  pursuant to such written demand is binding upon the owner or
 1068  lienor furnishing it unless actual notice of any modification is
 1069  given to the person demanding the copy or statement before such
 1070  person acts in good faith in reliance on it. The person
 1071  demanding such documents must pay for the reproduction thereof;
 1072  and, if such person fails or refuses to do so, he or she is
 1073  entitled only to inspect such documents at reasonable times and
 1074  places.
 1075         (2) The owner may serve in writing a demand of any lienor
 1076  for a written statement under oath of his or her account showing
 1077  the nature of the labor or services performed and to be
 1078  performed, if any, the materials furnished, the materials to be
 1079  furnished, if known, the amount paid on account to date, the
 1080  amount due, and the amount to become due, if known, as of the
 1081  date of the statement by the lienor. Any such demand to a lienor
 1082  must be served on the lienor at the address and to the attention
 1083  of any person who is designated to receive the demand in the
 1084  notice to owner served by such lienor and must include a
 1085  description of the project, including the names of the owner,
 1086  the contractor, and the lienor’s customer, sufficient for the
 1087  lienor to properly identify the account in question. The failure
 1088  or refusal to furnish the statement does not deprive the lienor
 1089  of his or her lien if the demand is not served at the address of
 1090  the lienor or directed to the attention of the person designated
 1091  to receive the demand in the notice to owner. The failure or
 1092  refusal to furnish the statement under oath within 30 days after
 1093  the demand, or the furnishing of a false or fraudulent
 1094  statement, deprives the person so failing or refusing to furnish
 1095  such statement of his or her lien. If the owner serves more than
 1096  one demand for statement of account on a lienor and none of the
 1097  information regarding the account has changed since the lienor’s
 1098  last response to a demand, the failure or refusal to furnish
 1099  such statement does not deprive the lienor of his or her lien.
 1100  The negligent inclusion or omission of any information deprives
 1101  the person of his or her lien to the extent the owner can
 1102  demonstrate prejudice from such act or omission by the lienor.
 1103  The failure to furnish a response to a demand for statement of
 1104  account does not affect the validity of any claim of lien being
 1105  enforced through a foreclosure case filed prior to the date the
 1106  demand for statement is received by the lienor.
 1107         (3) A request for sworn statement of account must be in
 1108  substantially the following form:
 1109               REQUEST FOR SWORN STATEMENT OF ACCOUNT              
 1110  
 1111  WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT, SIGNED
 1112  UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE
 1113  STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN.
 1114  
 1115  To: ...(Lienor’s name and address)...
 1116  
 1117  The undersigned hereby demands a written statement under oath of
 1118  his or her account showing the nature of the labor or services
 1119  performed and to be performed, if any, the materials furnished,
 1120  the materials to be furnished, if known, the amount paid on
 1121  account to date, the amount due, and the amount to become due,
 1122  if known, as of the date of the statement for the improvement of
 1123  real property identified as ......(property description).......
 1124         Name of contractor: .............
 1125         Name of the lienor’s customer (as specified in the lienor’s
 1126  Notice to Owner, if such notice has been served): .............
 1127  ...(signature and address of owner)...
 1128  ......(date of request for sworn statement of account)......
 1129         (4) When a contractor has furnished a payment bond pursuant
 1130  to s. 713.23, he or she may, when an owner makes any payment to
 1131  the contractor or directly to a lienor, serve a written demand
 1132  on any other lienor for a written statement under oath of his or
 1133  her account showing the nature of the labor or services
 1134  performed and to be performed, if any, the materials furnished,
 1135  the materials to be furnished, if known, the amount paid on
 1136  account to date, the amount due, and the amount to become due,
 1137  if known, as of the date of the statement by the lienor. Any
 1138  such demand to a lienor must be served on the lienor at the
 1139  address and to the attention of any person who is designated to
 1140  receive the demand in the notice to contractor served by such
 1141  lienor. The failure or refusal to furnish the statement does not
 1142  deprive the lienor of his or her rights under the bond if the
 1143  demand is not served at the address of the lienor or directed to
 1144  the attention of the person designated to receive the demand in
 1145  the notice to contractor or if the demand does not include a
 1146  description of the project, including the names of the owner,
 1147  the contractor, and the lienor’s customer as set forth in the
 1148  lienor’s notice to contractor, sufficient for the lienor to
 1149  properly identify the account in question. The failure to
 1150  furnish the statement within 30 days after the demand, or the
 1151  furnishing of a false or fraudulent statement, deprives the
 1152  person who fails to furnish the statement, or who furnishes the
 1153  false or fraudulent statement, of his or her rights under the
 1154  bond. If the contractor serves more than one demand for
 1155  statement of account on a lienor and none of the information
 1156  regarding the account has changed since the lienor’s last
 1157  response to a demand, the failure or refusal to furnish such
 1158  statement does not deprive the lienor of his or her rights under
 1159  the bond. The negligent inclusion or omission of any information
 1160  deprives the person of his or her rights under the bond to the
 1161  extent the contractor can demonstrate prejudice from such act or
 1162  omission by the lienor. The failure to furnish a response to a
 1163  demand for statement of account does not affect the validity of
 1164  any claim on the bond being enforced in a lawsuit filed prior to
 1165  the date the demand for statement of account is received by the
 1166  lienor.
 1167         (5)(a) Any lienor who submits or mails has recorded a claim
 1168  of lien to the clerk for recording may make written demand on
 1169  the owner for a written statement under oath showing:
 1170         1. The amount of the direct contract under which the lien
 1171  was recorded;
 1172         2. The dates and amounts paid or to be paid by or on behalf
 1173  of the owner for all improvements described in the direct
 1174  contract;
 1175         3. The reasonable estimated costs of completing the direct
 1176  contract under which the lien was claimed pursuant to the scope
 1177  of the direct contract; and
 1178         4. If known, the actual cost of completion.
 1179         (b) Any owner who does not provide the statement within 30
 1180  days after demand, or who provides a false or fraudulent
 1181  statement, is not a prevailing party for purposes of an award of
 1182  attorney’s fees under s. 713.29. The written demand must include
 1183  the following warning in conspicuous type in substantially the
 1184  following form:
 1185         WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT
 1186  WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL
 1187  RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY
 1188  ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING
 1189  THIS STATEMENT.
 1190         (6)Any written demand served on the owner shall include a
 1191  description of the project, including the names of the
 1192  contractor and the lienor’s customer as set forth in the
 1193  lienor’s notice to owner, sufficient for the owner to properly
 1194  identify the project in question.
 1195         (7)(6) For purposes of this section, the term “information”
 1196  means the nature and quantity of the labor, services, and
 1197  materials furnished or to be furnished by a lienor and the
 1198  amount paid, the amount due, and the amount to become due on the
 1199  lienor’s account.
 1200         Section 9. Section 713.18, Florida Statutes, is amended to
 1201  read:
 1202         713.18 Manner of serving notices and other instruments.—
 1203         (1) Service of notices, claims of lien, affidavits,
 1204  assignments, and other instruments permitted or required under
 1205  this part, or copies thereof when so permitted or required,
 1206  unless otherwise specifically provided in this part, must be
 1207  made by one of the following methods:
 1208         (a) By actual delivery to the person to be served; if a
 1209  partnership, to one of the partners; if a corporation, to an
 1210  officer, director, managing agent, or business agent; or, if a
 1211  limited liability company, to a member or manager.
 1212         (b) By sending the same by common carrier delivery service
 1213  or registered, global express guaranteed, or certified mail,
 1214  with postage prepaid, and or by overnight or second-day delivery
 1215  with evidence of delivery, which may be in an electronic format.
 1216         (c) If the method specified in paragraph (a) or paragraph
 1217  (b) cannot be accomplished, By posting on the site of the
 1218  improvement if service as provided by paragraph (a) or paragraph
 1219  (b) cannot be accomplished premises.
 1220         (2) Notwithstanding subsection (1), service of if a notice
 1221  to owner, a notice to contractor under s. 713.23, or a
 1222  preliminary notice under s. 255.05 is mailed by registered or
 1223  certified mail with postage prepaid to the person to be served
 1224  at any of the addresses set forth in subsection (3) within 40
 1225  days after the date the lienor first furnishes labor, services,
 1226  or materials, service of that notice is effective as of the date
 1227  of mailing if:
 1228         (a)The notice is mailed by registered, global express
 1229  guaranteed, or certified mail, with postage prepaid, to the
 1230  person to be served at any of the addresses set forth in
 1231  subsection (3);
 1232         (b)The notice is mailed within 40 days after the date the
 1233  lienor first furnishes labor, services, or materials; and
 1234         (c)1. The person who served the notice maintains a
 1235  registered or certified mail log that shows the registered or
 1236  certified mail number issued by the United States Postal
 1237  Service, the name and address of the person served, and the date
 1238  stamp of the United States Postal Service confirming the date of
 1239  mailing; or if
 1240         2. The person who served the notice maintains electronic
 1241  tracking records generated through use of the United States
 1242  Postal Service Confirm service or a similar service containing
 1243  the postal tracking number, the name and address of the person
 1244  served, and verification of the date of receipt by the United
 1245  States Postal Service.
 1246         (3)(a)Service of If an instrument served pursuant to this
 1247  section is effective on the date of mailing if the instrument:
 1248         1.Was sent to the last address shown in the notice of
 1249  commencement or any amendment thereto or, in the absence of a
 1250  notice of commencement, to the last address shown in the
 1251  building permit application, or to the last known address of the
 1252  person to be served; and, is not received, but
 1253         2. Is returned as being “refused,” “moved, not
 1254  forwardable,” or “unclaimed,” or is otherwise not delivered or
 1255  deliverable through no fault of the person serving the item,
 1256  then service is effective on the date the instrument was sent.
 1257         (b)If the address information shown in the notice of
 1258  commencement or any amendment to the notice, or in the absence
 1259  of a notice of commencement, in the building permit application,
 1260  is incomplete for purposes of mailing or delivery, the person
 1261  serving the item may complete the address and properly format it
 1262  according to United States Postal Service addressing standards
 1263  using information obtained from the property appraiser or
 1264  another public record or directory without affecting the
 1265  validity of service under this section.
 1266         (4) A notice served by a lienor on one owner or one partner
 1267  of a partnership owning the real property If the real property
 1268  is owned by more than one person or a partnership, a lienor may
 1269  serve any notices or other papers under this part on any one of
 1270  such owners or partners, and such notice is deemed notice to all
 1271  owners and partners.
 1272         Section 10. Section 713.22, Florida Statutes, is amended to
 1273  read:
 1274         713.22 Duration of lien.—
 1275         (1) A No lien provided by this part may not shall continue
 1276  for a longer period than 1 year after the claim of lien has been
 1277  recorded or 1 year after the recording of an amended claim of
 1278  lien that shows a later date of final furnishing of labor,
 1279  services, or materials, unless within that time an action to
 1280  enforce the lien is commenced in a court of competent
 1281  jurisdiction. A lien that has been continued beyond the 1-year
 1282  period The continuation of the lien effected by the commencement
 1283  of an the action is shall not enforceable be good against
 1284  creditors or subsequent purchasers for a valuable consideration
 1285  and without notice, unless a notice of lis pendens is recorded.
 1286         (2) An owner or the owner’s agent or attorney may elect to
 1287  shorten the time prescribed in subsection (1) within which to
 1288  commence an action to enforce any claim of lien or claim against
 1289  a bond or other security under s. 713.23 or s. 713.24 by
 1290  recording in the clerk’s office a notice in substantially the
 1291  following form:
 1292                      NOTICE OF CONTEST OF LIEN                    
 1293  To: ...(Name and address of lienor)...
 1294  You are notified that the undersigned contests the claim of lien
 1295  filed by you on ...., ...(year)..., and recorded in .... Book
 1296  ...., Page ...., of the public records of .... County, Florida,
 1297  and that the time within which you may file suit to enforce your
 1298  lien is limited to 60 days from the date of service of this
 1299  notice. This .... day of ...., ...(year).....
 1300  Signed: ...(Owner or Attorney)...
 1301  
 1302  The lien of any lienor upon whom such notice is served and who
 1303  fails to institute a suit to enforce his or her lien within 60
 1304  days after service of such notice shall be extinguished
 1305  automatically. The clerk shall mail a copy of the notice of
 1306  contest to the lien claimant at the address shown in the claim
 1307  of lien or most recent amendment thereto, by certified or
 1308  registered mail, return receipt requested, and shall certify to
 1309  such service on the face of such notice and record the notice.
 1310  Service shall be deemed complete upon mailing.
 1311         Section 11. Paragraph (e) of subsection (1) and subsections
 1312  (2) and (4) of section 713.23, Florida Statutes, are amended to
 1313  read:
 1314         713.23 Payment bond.—
 1315         (1)
 1316         (e) An No action for the labor or materials or supplies may
 1317  not be instituted or prosecuted against the contractor or surety
 1318  unless both notices have been given. An No action may not shall
 1319  be instituted or prosecuted against the contractor or against
 1320  the surety on the bond under this section after 1 year from the
 1321  performance of the labor or completion of delivery of the
 1322  materials and supplies. The time period for bringing an action
 1323  against the contractor or surety on the bond shall be measured
 1324  from the last day of furnishing labor, services, or materials by
 1325  the lienor. The time period may and shall not be measured by
 1326  other standards, such as the issuance of a certificate of
 1327  occupancy or the issuance of a certificate of substantial
 1328  completion. A contractor or the contractor’s agent or attorney
 1329  may elect to shorten the prescribed time within which an action
 1330  to enforce any claim against a payment bond provided under this
 1331  section or s. 713.245 must may be commenced at any time after a
 1332  notice of nonpayment, if required, has been served for the claim
 1333  by recording in the clerk’s office a notice in substantially the
 1334  following form:
 1335                     NOTICE OF CONTEST OF CLAIM                    
 1336                        AGAINST PAYMENT BOND                       
 1337  To: ...(Name and address of lienor)...
 1338         You are notified that the undersigned contests your notice
 1339  of nonpayment, dated ...., ...., and served on the undersigned
 1340  on ...., ...., and that the time within which you may file suit
 1341  to enforce your claim is limited to 60 days from the date of
 1342  service of this notice.
 1343  
 1344  DATED on ...., .....
 1345  
 1346  Signed: ...(Contractor or Attorney)...
 1347  
 1348  The claim of any lienor upon whom the notice is served and who
 1349  fails to institute a suit to enforce his or her claim against
 1350  the payment bond within 60 days after service of the notice
 1351  shall be extinguished automatically. The clerk shall mail a copy
 1352  of the notice of contest to the lienor at the address shown in
 1353  the notice of nonpayment or most recent amendment thereto, by
 1354  certified or registered mail, return receipt requested, and
 1355  shall certify to such service on the face of the notice and
 1356  record the notice. Service is complete upon mailing.
 1357         (2) The bond shall secure every lien under the direct
 1358  contract accruing subsequent to its execution and delivery,
 1359  except that of the contractor. Every claim of lien, except that
 1360  of the contractor, filed subsequent to execution and delivery of
 1361  the bond shall be transferred to it with the same effect as
 1362  liens transferred under s. 713.24. Record notice of the transfer
 1363  shall be effected by the contractor, or any person having an
 1364  interest in the property against which the claim of lien has
 1365  been asserted, by recording in the clerk’s office a notice in
 1366  substantially the following form:
 1367                           NOTICE OF BOND                          
 1368  
 1369  To ...(Name and Address of Lienor)...
 1370  
 1371  You are notified that the claim of lien filed by you on ....,
 1372  ...., and recorded in Official Records Book .... at page .... of
 1373  the public records of .... County, Florida, is secured by a
 1374  bond, a copy being attached.
 1375  
 1376  Signed: ...(Name of person recording notice)...
 1377  
 1378  The notice shall be verified. The clerk shall mail a copy of the
 1379  notice to the lienor at the address shown in the claim of lien,
 1380  or the most recent amendment to it; shall certify to the service
 1381  on the face of the notice; and shall record the notice. The
 1382  clerk shall receive the same fee as prescribed in s. 713.24 s.
 1383  713.24(1) for certifying to a transfer of lien.
 1384         (4) The provisions of s. 713.24(7) s. 713.24(3) shall apply
 1385  to bonds under this section.
 1386         Section 12. Section 713.24, Florida Statutes, is amended to
 1387  read:
 1388         713.24 Transfer of liens to security.—
 1389         (1) A Any lien claimed under this part may be transferred,
 1390  by a any person having an interest in the real property upon
 1391  which the lien is imposed or the contract under which the lien
 1392  is claimed, from such real property to other security by either:
 1393         (a) Depositing in the clerk’s office a sum of money;, or
 1394         (b) Filing in the clerk’s office a bond executed as surety
 1395  by a surety insurer licensed to do business in this state.,
 1396         (2)The security must either to be in an amount equal: to
 1397         (a) The amount demanded in the such claim of lien;, plus
 1398         (b) Interest on the claim thereon at the legal rate for 3
 1399  years, plus $1,000 or 25 percent of the amount demanded in the
 1400  claim of lien, whichever is greater, to apply on any attorney’s
 1401  fees and court costs that may be taxed in any proceeding to
 1402  enforce the said lien.
 1403         (3)The security Such deposit or bond shall be conditioned
 1404  to pay any judgment or decree that which may be rendered for the
 1405  satisfaction of the lien for which such claim of lien was
 1406  recorded.
 1407         (4)A Upon making such deposit or filing such bond, the
 1408  clerk who receives other security for a lien:
 1409         (a) Shall make and record a certificate showing the
 1410  transfer of the lien from the real property to the security. The
 1411  clerk and shall serve mail a copy of the certificate and a copy
 1412  of the bond, if the lien was transferred to a bond, on thereof
 1413  by registered or certified mail to the lienor named in the claim
 1414  of lien so transferred, at the address stated in the claim
 1415  therein. When Upon filing the certificate of transfer is
 1416  recorded, the real property is shall thereupon be released from
 1417  the lien claimed, and the such lien is shall be transferred to
 1418  the other said security.
 1419         (b)May collect a service charge of no more than $20 for
 1420  making and serving the certificate. The clerk may collect an
 1421  additional charge of no more than $10 for each additional lien
 1422  transferred to the security. The clerk shall receive the
 1423  statutory service charges as prescribed in s. 28.24 for
 1424  recording the certificate and approving the bond.
 1425         (5) In the absence of allegations of privity between the
 1426  lienor and the owner, and subject to any order of the court
 1427  increasing the amount required for the lien transfer deposit or
 1428  bond, no other judgment or decree to pay money may be entered by
 1429  the court against the owner. The clerk shall be entitled to a
 1430  service charge for making and serving the certificate, in the
 1431  amount of up to $20. If the transaction involves the transfer of
 1432  multiple liens, an additional charge of up to $10 for each
 1433  additional lien shall be charged. For recording the certificate
 1434  and approving the bond, the clerk shall receive her or his usual
 1435  statutory service charges as prescribed in s. 28.24. Any number
 1436  of liens may be transferred to one such security.
 1437         (6)(2) Any excess of the security over the aggregate amount
 1438  of any judgments or decrees rendered plus costs actually taxed
 1439  shall be repaid to the party filing the same or her or his
 1440  successor in interest. Any deposit of money shall be considered
 1441  as paid into court and is shall be subject to the provisions of
 1442  law relative to payments of money into court and the disposition
 1443  of same.
 1444         (7)(3) Any party having an interest in such security or the
 1445  property from which the lien was transferred may at any time,
 1446  and any number of times, file a complaint in chancery in the
 1447  circuit court of the county where such security is deposited, or
 1448  file a motion in a pending action to enforce a lien, for an
 1449  order to require additional security, reduction of security,
 1450  change or substitution of sureties, payment of discharge
 1451  thereof, or any other matter affecting the said security. If the
 1452  court finds that the amount of the deposit or bond in excess of
 1453  the amount claimed in the claim of lien is insufficient to pay
 1454  the lienor’s attorney’s fees and court costs incurred in the
 1455  action to enforce the lien, the court must increase the amount
 1456  of the cash deposit or lien transfer bond. Nothing in This
 1457  section does not shall be construed to vest exclusive
 1458  jurisdiction in the circuit courts over transfer bond claims for
 1459  nonpayment of an amount within the monetary jurisdiction of the
 1460  county courts.
 1461         (8)(4) If a proceeding to enforce a transferred lien is not
 1462  commenced within the time specified in s. 713.22 or if it
 1463  appears that the transferred lien has been satisfied of record,
 1464  the clerk shall return the said security upon request of the
 1465  person depositing or filing the same, or the insurer. If a
 1466  proceeding to enforce a lien is commenced in a court of
 1467  competent jurisdiction within the time specified in s. 713.22
 1468  and, during such proceeding, the lien is transferred pursuant to
 1469  this section or s. 713.13(1)(e), an action commenced within 1
 1470  year after the transfer, unless otherwise shortened by operation
 1471  of law, in the same county or circuit court to recover against
 1472  the security shall be deemed to have been brought as of the date
 1473  of filing the action to enforce the lien, and the court has
 1474  shall have jurisdiction over the action.
 1475         Section 13. This act shall take effect October 1, 2010.