HB 1453

1	A bill to be entitled
2	An act relating to construction liens and bonds; amending
3	s. 255.05, F.S.; requiring that a contractor record in the
4	official records a payment bond for a public works
5	construction project; requiring that the bond number be
6	stated on the first page of the bond; prohibiting the
7	issuing authority for a building permit or a private
8	provider performing inspection services from inspecting
9	the property being improved until certain documents are
10	filed; providing that a payment and performance bond is
11	not required for certain contracts; authorizing certain
12	entities to exempt certain contracts from the requirement
13	for a payment and performance bond; requiring the
14	contractor to serve a notice of contest of claim against
15	the payment bond; providing the form and content for a
16	notice to contractor; providing for a sworn notice of
17	nonpayment and providing the form and content of the
18	notice; prohibiting a public authority from withholding
19	payment to a contractor when the contractor has provided a
20	payment bond; amending s. 713.015, F.S.; requiring that a
21	contractor provide an owner with a general statement of an
22	owner's rights and responsibilities under Florida's
23	Construction Lien Law; requiring that a signed copy of the
24	statement be filed with the building permit application;
25	specifying the form and content of the statement; deleting
26	the requirement that notice be included in the direct
27	contract between the contractor and the owner; amending s.
28	713.06, F.S.; revising the form of a notice for liens of
29	persons not in privity with the owner; amending s. 713.13,
30	F.S.; revising the form of the notice of commencement;
31	requiring a payment bond to be attached to a notice of
32	commencement if a project is bonded; amending s. 713.135,
33	F.S.; revising the warning to the owner printed on certain
34	permit cards; deleting a requirement relating to filing a
35	notice of commencement before certain inspections;
36	revising the warning to the owner provided on a building
37	permit form; creating s. 713.137, F.S.; prohibiting the
38	authority issuing a building permit or a private provider
39	performing inspection services from inspecting an
40	improvement until certain documents have been filed and
41	the information in the notice of commencement meets
42	certain standards; providing exceptions; amending s.
43	713.16, F.S.; revising requirements for demands for a copy
44	of a construction contract and a statement of account;
45	authorizing a lienor who submits or mails a claim of lien
46	to the clerk for recording to make certain demands to an
47	owner for certain written statements; providing
48	requirements for such written demands; amending s. 713.18,
49	F.S.; providing additional methods by which certain items
50	may be served; specifying the information required on
51	certain written instruments under certain circumstances;
52	amending s. 713.22, F.S.; requiring that the contractor
53	serve a notice of contest of lien; amending s. 713.23,
54	F.S.; providing for a sworn notice of nonpayment and
55	providing the form and content of the notice; requiring
56	that the contractor serve a notice of contest of claim
57	against the payment bond and a notice of bond; providing
58	an effective date.
59
60	Be It Enacted by the Legislature of the State of Florida:
61
62	Section 1.  Subsection (1) and paragraph (a) of subsection
63	(2) of section 255.05, Florida Statutes, are amended, and
64	subsection (11) is added to that subsection, to read:
65	255.05  Bond of contractor constructing public buildings;
66	form; action by materialmen.-
67	(1)(a)  Any person entering into a formal contract with the
68	state or any county, municipality city, or political subdivision
69	thereof, or other public authority or private entity, for the
70	construction of a public building, for the prosecution and
71	completion of a public work, or for repairs upon a public
72	building or public work must shall be required, before
73	commencing the work or before recommencing the work after a
74	default or abandonment, to execute and, deliver to the public
75	owner, and record in the public records of the county where the
76	improvement is located, a payment and performance bond with a
77	surety insurer authorized to do business in this state as
78	surety.
79	(a)  A public entity may not require a contractor to secure
80	a surety bond under this section from a specific agent or
81	bonding company.
82	(b)  The bond must state on its front page: the name,
83	principal business address, and phone number of the contractor,
84	the surety, the owner of the property being improved, and, if
85	different from the owner, the contracting public entity; the
86	contract number assigned by the contracting public entity; the
87	bond number assigned by the surety; and a description of the
88	project sufficient to identify it, such as a legal description
89	or the street address of the property being improved, and a
90	general description of the improvement.
91	(c)  Such bond shall be conditioned upon the contractor's
92	performance of the construction work in the time and manner
93	prescribed in the contract and promptly making payments due to
94	all persons defined as a lienor in s. 713.01 who furnish labor,
95	services, or materials for the prosecution of the work provided
96	for in the contract.
97	(d)  The contractor shall record the payment and
98	performance bond upon issuance in the official records of the
99	county in which the improvement will be located.
100	(e)1.  The issuing authority for the building permit, or a
101	private provider performing inspection services, may not inspect
102	the property being improved until:
103	a.  The issuing authority has a copy of the contractor's
104	recorded payment and performance bond on file; or
105	b.  The contracting public entity has filed with the
106	issuing authority a notarized statement stating that the
107	contract is exempt from the requirement for a payment and
108	performance bond as provided in this section.
109	2.  This paragraph does not apply to inspections for the
110	installation of temporary electrical service or other temporary
111	utility service, land clearing, or other preliminary site work.
112	(f)  Any claimant may apply to The governmental entity
113	having charge of the work shall provide a certified copy for
114	copies of the contract and bond to any claimant upon request and
115	shall thereupon be furnished with a certified copy of the
116	contract and bond. The claimant has shall have a right of action
117	against the contractor and surety for the amount due him or her,
118	including unpaid finance charges due under the claimant's
119	contract. Such action shall not involve the public authority in
120	any expense.
121	(g)1.  A payment and performance bond is not required for a
122	contract with the state for $100,000 or less. When such work is
123	done for the state and the contract is for $100,000 or less, no
124	payment and performance bond shall be required.
125	2.  At the discretion of The official or board awarding a
126	such contract when such work is done for a any county,
127	municipality city, political subdivision, or public authority
128	may exempt a contract, any person entering into such a contract
129	which is for $200,000 or less from the requirement for a may be
130	exempted from executing the payment and performance bond.
131	3.  When such work is done for the state, The Secretary of
132	Management Services may delegate to a state agency agencies the
133	authority to exempt any person entering into such a contract for
134	amounting to more than $100,000 but less than $200,000 from the
135	requirement for a executing the payment and performance bond. If
136	In the event such exemption is granted, the officer or officials
137	are shall not be personally liable to a person who suffers a
138	persons suffering loss due to the because of granting such
139	exemption. The Department of Management Services shall maintain
140	information on the number of requests by state agencies for
141	delegation of authority to waive the bond requirements by agency
142	and project number and whether any request for delegation was
143	denied and the justification for the denial.
144	(h)  The persons who may be protected by a payment and
145	performance bond for payments due to them for furnishing labor,
146	services, or materials for the prosecution of the work are
147	limited to those persons defined as a lienor in s. 713.01. A Any
148	provision of in a payment and performance bond furnished for a
149	public works contract work contracts as provided by this
150	subsection which further restricts the classes of persons as
151	defined in s. 713.01 protected by the bond or the venue of any
152	proceeding relating to such bond is unenforceable.
153	(i)(b)  The Department of Management Services shall adopt
154	rules with respect to all contracts for $200,000 or less, to
155	provide:
156	1.  Procedures for retaining up to 10 percent of each
157	request for payment submitted by a contractor and procedures for
158	determining disbursements from the amount retained on a pro rata
159	basis to laborers, materialmen, and subcontractors, as defined
160	in s. 713.01.
161	2.  Procedures for requiring certification from laborers,
162	materialmen, and subcontractors, as defined in s. 713.01, before
163	prior to final payment to the contractor, that they do not that
164	such laborers, materialmen, and subcontractors have a claim no
165	claims against the contractor resulting from the completion of
166	the work provided for in the contract.
167
168	The state is shall not be held liable to any laborer,
169	materialman, or subcontractor for any amounts greater than the
170	pro rata share as determined under this section.
171	(j)(c)1.  The amount of the bond shall equal the contract
172	price, except that for a contract in excess of $250 million, if
173	the state, county, municipality, political subdivision, or other
174	public entity finds that a bond in the amount of the contract
175	price is not reasonably available, the public owner shall set
176	the amount of the bond at the largest amount reasonably
177	available, but not less than $250 million.
178	2.  For construction-management or design-build contracts,
179	if the public owner does not include in the bond amount the cost
180	of design or other nonconstruction services, the bond may not be
181	conditioned on performance of such services or payment to
182	persons furnishing such services. Notwithstanding paragraph (h)
183	(a), such a bond may exclude persons furnishing such services
184	from the classes of persons protected by the bond.
185	(2)(a)1.  If a claimant is no longer furnishing labor,
186	services, or materials on a project, a contractor or the
187	contractor's agent or attorney may elect to shorten the
188	prescribed time in this paragraph within which an action to
189	enforce any claim against a payment bond must provided pursuant
190	to this section may be commenced by recording in the clerk's
191	office a notice in substantially the following form:
192	NOTICE OF CONTEST OF CLAIM
193	AGAINST PAYMENT BOND
194
195	To: ...(Name and address of claimant)...
196
197	You are notified that the undersigned contests your notice
198	of nonpayment, dated ............, ........, and served on the
199	undersigned on ............, ........, and that the time within
200	which you may file suit to enforce your claim is limited to 60
201	days after the date of service of this notice.
202
203	DATED on ............, .........
204
205	Signed:...(Contractor or Attorney)...
206
207	The claim of any claimant upon whom such notice is served and
208	who fails to institute a suit to enforce his or her claim
209	against the payment bond within 60 days after service of such
210	notice shall be extinguished automatically. The contractor or
211	the contractor's attorney clerk shall serve mail a copy of the
212	notice of contest to the claimant at the address shown in the
213	notice of nonpayment or most recent amendment thereto and shall
214	certify to such service on the face of such notice and record
215	the notice. Service is complete upon mailing.
216	2.a.  A claimant, except a laborer, who is not in privity
217	with the contractor must shall, before commencing or not later
218	than 45 days after commencing to furnish labor, services, or
219	materials for the prosecution of the work, furnish the
220	contractor with a written notice that he or she intends to look
221	to the bond for protection. The notice must be in substantially
222	the following form:
223
224	NOTICE TO CONTRACTOR
225
226	To: ...(Name and address of contractor)...
227
228	This notice is to inform you that the claimant identified below
229	intends to look to the contractor's bond to secure payment for
230	the furnishing of materials or services for the improvement of
231	real property. These materials or services have been furnished
232	or are being furnished to: ...(property description)..., which
233	is owned by: ...(owner's name and address).... A general
234	description of the materials or services is as follows:
235	...(general description of materials or services).... The
236	materials or services were ordered by: ...(claimant's
237	customer)....
238
239	...(name of claimant)...
240	...(signature of claimant or claimant's
241	representative)......(date)...
242	...(claimant's address)...
243
244	b.  A claimant who is not in privity with the contractor
245	and who has not received payment for his or her labor, services,
246	or materials must serve on shall deliver to the contractor and
247	to the surety written notice of the performance of the labor or
248	services, or the delivery of the materials, or supplies and of
249	the nonpayment. The notice of nonpayment must state, as of the
250	date of the notice, the nature of the labor or services
251	performed and to be performed, if any; the materials furnished;
252	the materials to be furnished, if known; the amount paid on
253	account to date; the amount due; the amount to become due, if
254	known; and the date that the notice to contractor, if any, was
255	served on the contractor. The notice of nonpayment must be a
256	sworn statement and may be served at any time during the
257	progress of the work or thereafter but not before 45 days after
258	the first furnishing of labor, services, or materials, and not
259	later than 90 days after the final furnishing of the labor,
260	services, or materials by the claimant or, with respect to
261	rental equipment, not later than 90 days after the date that the
262	rental equipment was last on the job site available for use. Any
263	notice of nonpayment served by a claimant who is not in privity
264	with the contractor which includes sums for retainage must
265	specify the portion of the amount claimed for retainage. For a
266	claimant who is not in privity with the contractor, the service
267	of the notice of nonpayment satisfies one of the two conditions
268	precedent to bringing an action against the contractor or surety
269	as provided in sub-subparagraph c., both with respect to the
270	payment described in the notice of nonpayment, including unpaid
271	finance charges due under the claimant's contract, and with
272	respect to any other payments that become due to the claimant
273	after the date of the notice of nonpayment. The time for serving
274	a written notice of nonpayment is measured from the last day of
275	furnishing labor, services, or materials by the claimant and may
276	not be measured by other standards, such as the issuance of a
277	certificate of occupancy or the issuance of a certificate of
278	substantial completion. The failure of a claimant to receive
279	retainage sums of 10 percent or less of the value of labor,
280	services, or materials furnished by the claimant is not
281	considered a nonpayment requiring the service of the notice
282	provided under this sub-subparagraph. The notice of nonpayment
283	must be in substantially the following form:
284
285	NOTICE OF NONPAYMENT
286
287	To: ...(Name and address of contractor)...
288	...(Name and address of surety)...
289
290	This notice is to inform you that, as of the date of this
291	notice, the claimant identified below has not been fully paid
292	for furnishing labor, services, or materials for an improvement
293	to real property. The labor, services, or materials have been
294	furnished to: ...(property description)..., which is owned by:
295	...(owner's name and address).... A general description of the
296	labor, services, or materials is as follows: ...(general
297	description of labor, services, or materials).... The labor,
298	services, or materials were ordered by: ...(claimant's
299	customer)....
300
301	The amount paid by ...(claimant's customer)... as of the date of
302	this notice for the labor, services, or materials is $..... The
303	total amount currently due and unpaid is $...., with $.... of
304	that amount attributable to retainage.
305
306	You are further notified that the claimant identified below
307	expects to furnish additional labor, services, or materials for
308	the improvement ordered by the same customer. A general
309	description of the additional labor, services, or materials is
310	as follows: ...(general description of labor, services, or
311	materials).... The additional amount expected to become due is:
312	$.....
313
314	If applicable, a notice to contractor pursuant to section
315	255.05(2)(a)2.a., Florida Statutes, was served on ...(name of
316	contractor)... on ...(date)....
317
318	...(name of claimant)...
319	...(signature of claimant or claimant's
320	representative)......(date)...
321	...(claimant's address)...
322
323	Sworn to (or affirmed) and subscribed before me this .... day of
324	...., ..(year).., by ...(name of person making statement)....
325	...(Signature of Notary Public...... (Print, Type, or Stamp
326	Commissioned Name of Notary Public)...
327
328	Personally Known .... OR Produced ...... as identification.
329	c.  An No action for the labor, services, or materials, or
330	supplies may not be instituted against the contractor or the
331	surety unless the notice to contractor and the notice of
332	nonpayment both notices have been given, if required by this
333	section. Service of all notices or other instruments required or
334	permitted under this section shall may be made served in
335	accordance with s. 713.18. A claimant may not waive in advance
336	his or her right to bring an action under the bond against the
337	surety. In any action brought to enforce a claim against a
338	payment bond under this section, the prevailing party is
339	entitled to recover a reasonable fee for the services of his or
340	her attorney for trial and appeal or for arbitration, in an
341	amount to be determined by the court, and the which fee must be
342	taxed as part of the prevailing party's costs, as allowed in
343	equitable actions. The time periods for service of a notice of
344	nonpayment or for bringing an action against a contractor or a
345	surety shall be measured from the last day of furnishing labor,
346	services, or materials by the claimant and shall not be measured
347	by other standards, such as the issuance of a certificate of
348	occupancy or the issuance of a certificate of substantial
349	completion.
350	(11)  If a contractor furnishes a payment and performance
351	bond for a public works project under this section and has
352	recorded the bond pursuant to paragraph (1)(d), the public
353	authority may not condition its payments to the contractor on
354	the production of a release, waiver, or like documentation from
355	a claimant demonstrating that the claimant does not have an
356	outstanding claim against the contractor, the surety, the bond,
357	or the public authority for payments due on labor, services, or
358	materials furnished on the public works project.
359	Section 2.  Section 713.015, Florida Statutes, is amended
360	to read:
361	713.015  General statement of owner's rights and
362	responsibilities Mandatory provisions for direct contracts.-
363	(1)  For any direct contract greater than $2,500 between an
364	owner and a contractor, related to improvements to real property
365	consisting of single or multiple family dwellings up to and
366	including four units, the contractor must provide the owner with
367	a copy of the general statement of owner's rights and
368	responsibilities under Florida's Construction Lien Law as set
369	forth in subsection (2), which must be contain the following
370	notice provision printed in no less than 12-point, capitalized,
371	boldfaced type on the front page of the contract or on a
372	separate page, signed by the owner and dated, and submitted with
373	the original building permit application pursuant to s.
374	713.135.:
375
376	ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-
377	713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR
378	PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A
379	RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.
380	THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR
381	OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-
382	SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED
383	MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE
384	ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR
385	CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
386	PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE
387	SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER
388	SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED
389	TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS
390	CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS
391	REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY
392	PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER."
393	FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS
394	RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
395	(2)  The general statement of owner's rights and
396	responsibilities under Florida's Construction Lien Law must be
397	in substantially the following form, must include the
398	information contained in the following form, and must include a
399	copy of a notice of commencement as provided in s. 713.13(1).
400
401	GENERAL STATEMENT OF OWNER'S RIGHTS AND RESPONSIBILITIES
402	UNDER FLORIDA'S CONSTRUCTION LIEN LAW
403	(Required by Section 713.015, Florida Statutes)
404
405	ABOUT THIS DOCUMENT.-Florida law requires your contractor
406	to provide you with this document when you are contracting to
407	make improvements to real property. It is critical that you have
408	some understanding of Florida's construction lien and payment
409	laws and take appropriate steps to protect your investment and
410	fulfill your obligations to those who provide labor, services,
411	or materials for your project.
412
413	You must acknowledge that you have received and read this
414	document by signing on the signature page. The original signed
415	document must be delivered to the building permit authority,
416	along with the building permit application for your project.
417	Your building permit application will not be processed unless
418	this signed document is in the file. You need to retain a copy
419	of this document so that you can follow the procedures described
420	in the document and identify the proper statutory forms as you
421	proceed with your construction project.
422
423	IT IS ALWAYS RECOMMENDED THAT YOU OBTAIN LEGAL ADVICE
424	BEFORE UNDERTAKING REAL PROPERTY IMPROVEMENTS. IF YOU HAVE
425	QUESTIONS REGARDING THE INFORMATION CONTAINED IN THIS DOCUMENT,
426	SEEK THE ADVICE OF A FLORIDA CONSTRUCTION LAW ATTORNEY.
427
428	THE FLORIDA CONSTRUCTION LIEN LAW.-Part I of chapter 713,
429	Florida Statutes (F.S.), governs private construction projects
430	in this state. The complete text of this law can be found at
431	www.leg.state.fl.us. This statement is a guide and does not take
432	precedence over the language of Florida's Construction Lien Law.
433
434	Under this law, those who work on your property or provide
435	materials or services and who are not paid in full have a right
436	to enforce their claim for payment against your property. This
437	claim is known as a construction lien. If your contractor or a
438	subcontractor fails to pay subcontractors, sub-subcontractors,
439	or material suppliers, those people who are owed money may look
440	to your property for payment even if you have already paid your
441	contractor in full. If you fail to pay your contractor, your
442	contractor may also have a lien on your property. This means
443	that if a valid lien is filed, your property could be sold
444	against your will to pay for labor, services, or materials that
445	your contractor or a subcontractor may have failed to pay. A
446	contractor or subcontractor who files a lien on your property is
447	called a lienor.
448
449	FLORIDA LAW ALSO PROVIDES PROCEDURES TO PROTECT OWNERS FROM
450	PAYING MORE THAN THE AMOUNT OF THEIR CONTRACT. IF YOU FOLLOW THE
451	FOUR STEPS SET FORTH BELOW, YOU WILL PROTECT YOURSELF FROM VALID
452	LIENS AGAINST YOUR PROPERTY, AND FROM PAYING TWICE FOR LABOR,
453	SERVICES, OR MATERIALS FURNISHED FOR YOUR PROJECT.
454
455	STEP 1 - THE NOTICE OF COMMENCEMENT.-An owner is required
456	by law to complete, sign, and record in the public records a
457	Notice of Commencement for all direct contracts that exceed
458	$2,500. The information provided in the recorded Notice of
459	Commencement is relied upon by all parties who provide labor,
460	services, or materials for your project. A copy of the statutory
461	Notice of Commencement form required by s. 713.13, Florida
462	Statutes, is attached to this document.
463
464	If a lender is financing your project, the lender will
465	assist you in completing the Notice of Commencement and is
466	responsible for recording it in the public records. It is
467	critical that your Notice of Commencement be recorded after any
468	construction loan or mortgage documents are recorded. If you are
469	not using a lender, preparing and recording the Notice of
470	Commencement is your responsibility. The Notice of Commencement
471	must be recorded before commencing construction and posted on
472	your job site. For most projects, a copy of the recorded Notice
473	of Commencement must be submitted to the building permit
474	authority before the first building inspection.
475
476	STEP 2 - MONITOR THE DOCUMENTS AND NOTICES YOU RECEIVE.-
477	Pick up your certified mail. Most lien notices are sent by
478	certified mail and you need to know who is providing labor,
479	services, or materials for your project. The law provides that
480	any properly addressed notices that are returned to the sender
481	through no fault of the sender are considered received by you on
482	the date sent, so failing to claim certified mail only hurts
483	you.
484
485	If you expect to be absent for periods of time during your
486	project, you should have an attorney or other agent in a
487	position of trust who understands the law handle these details
488	for you. Make sure someone is receiving your mail and taking
489	steps to obtain the necessary lien releases before making
490	payments to your contractor. If you receive anything that you do
491	not understand, seek the assistance of an experienced
492	construction law attorney.
493
494	STEP 3 - OBTAIN SIGNED LIEN WAIVERS EACH TIME YOU MAKE A
495	PAYMENT TO YOUR CONTRACTOR.-Each time you pay your contractor
496	you should obtain a Waiver and Release of Lien form from the
497	contractor AND from anyone who has served you with a Notice to
498	Owner. Make sure that each release waives lien rights against
499	your project for work or materials furnished through the date of
500	the work or materials that your payment covers. This date is
501	probably not the date you are making the payment, but a date
502	prior to the payment date through which labor, services, or
503	materials have been billed.
504
505	UNDER FLORIDA LAW, YOU HAVE THE RIGHT TO WITHHOLD PAYMENTS
506	OWED TO THE CONTRACTOR UNTIL YOU HAVE BEEN PROVIDED WITH A
507	WRITTEN WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT OR A
508	WRITTEN WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT SHOWING
509	THAT THE LIENOR'S CLAIM FOR PAYMENT HAS BEEN PAID.
510
511	There are two statutory Waiver and Release of Lien forms
512	that you should know about. The signed Waiver and Release of
513	Lien Upon Progress Payment should be provided to you by your
514	contractor, a subcontractor, or a material supplier each time
515	you make a progress payment to your contractor. The signed
516	Waiver and Release of Lien Upon Final Payment should be
517	submitted by your contractor, the subcontractor, or the material
518	supplier when they are finished furnishing all work or materials
519	for your project and have received final payment. Once you
520	receive a final waiver from the contractor, subcontractor, or
521	material supplier, you should not need another waiver unless
522	they are hired to do additional work.
523
524	STEP 4 - OBTAIN A CONTRACTOR'S FINAL PAYMENT AFFIDAVIT
525	BEFORE YOU MAKE FINAL PAYMENT TO YOUR CONTRACTOR.-In addition to
526	obtaining Final Waiver and Release of Lien forms from the
527	contractor and anyone who has served you with a Notice to Owner,
528	you should obtain a Contractor's Final Payment Affidavit before
529	you make final payment to your contractor. This sworn affidavit
530	should reflect that everyone who supplied labor, services, or
531	materials on your project has been paid in full or should list
532	those subcontractors and suppliers who are still owed money.
533	Make sure that anyone listed as not being paid in full is paid
534	before making final payment to your contractor. You have a right
535	to rely on the information contained in the sworn affidavit when
536	you make final payment to your contractor with respect to any
537	lienor who has not sent you a Notice to Owner. If a lienor has
538	sent you a Notice to Owner, you should obtain a Waiver and
539	Release of Lien Upon Final Payment from that lienor.
540
541	OWNER'S ACKNOWLEDGMENT AND RECEIPT
542
543	The undersigned owner(s) of Florida real property hereby
544	acknowledge that they are preparing to enter into a contract
545	with _____________________________________________for the
546	construction of real property improvements to the following
547	described property (insert address or legal description):
548	_________________________________________
549	_________________________________________
550	...(Signature of Property Owner)......(Date)...
551	...(Signature of Property Owner)......(Date)...
552
553	Attached Statutory Form: Notice of Commencement
554
555	(2)(a)  If the contract is written, the notice must be in
556	the contract document. If the contract is oral or implied, the
557	notice must be provided in a document referencing the contract.
558	(3)(b)  The failure to provide such written notice does not
559	bar the enforcement of a lien against a person who has not been
560	adversely affected.
561	(4)(c)  This section may not be construed to adversely
562	affect the lien and bond rights of lienors who are not in
563	privity with the owner. This section does not apply when the
564	owner is a contractor licensed under chapter 489 or is a person
565	who created parcels or offers parcels for sale or lease in the
566	ordinary course of business.
567	Section 3.  Paragraph (c) of subsection (2) of section
568	713.06, Florida Statutes, is amended to read:
569	713.06  Liens of persons not in privity; proper payments.-
570	(2)
571	(c)  The notice must may be in substantially the following
572	form and must include the information and the warning contained
573	in the following form:
574
575	WARNING! FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME
576	UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL
577	SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF
578	YOU HAVE MADE PAYMENT IN FULL.
579
580	UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID
581	MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING
582	TWICE.
583	TO PROTECT YOURSELF, EACH TIME YOU MAKE A PAYMENT TO THE
584	CONTRACTOR, ASK YOUR CONTRACTOR TO PROVIDE YOU WITH A WRITTEN
585	WAIVER AND RELEASE OF LIEN. FOR ADDITIONAL INFORMATION, REFER TO
586	THE GENERAL STATEMENT OF OWNER'S RIGHTS AND RESPONSIBILITIES,
587	WHICH WAS PROVIDED TO YOU BY YOUR CONTRACTOR AT THE BEGINNING OF
588	YOUR CONSTRUCTION PROJECT. AVOID A LIEN AND PAYING TWICE, YOU
589	MUST OBTAIN A WRITTEN RELEASE FROM US EVERY TIME YOU PAY YOUR
590	CONTRACTOR.
591	NOTICE TO OWNER
592
593	To ...(Owner's name and address)...
594
595	The undersigned hereby informs you that he or she has furnished
596	or is furnishing services or materials as follows:
597	...(General description of services or materials)... for the
598	improvement of the real property identified as ...(property
599	description)... under an order given by.............
600
601	Florida law prescribes the serving of this notice and restricts
602	your right to make payments under your contract in accordance
603	with Section 713.06, Florida Statutes.
604	IMPORTANT INFORMATION FOR
605	YOUR PROTECTION
606
607	Under Florida's laws, those who work on your property or
608	provide materials and are not paid have a right to enforce their
609	claim for payment against your property. This claim is known as
610	a construction lien.
611	If your contractor fails to pay subcontractors or material
612	suppliers or neglects to make other legally required payments,
613	the people who are owed money may look to your property for
614	payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.
615
616	PROTECT YOURSELF:
617	-RECOGNIZE that this Notice to Owner may result in a lien
618	against your property unless all those supplying a Notice to
619	Owner have been paid.
620	-LEARN more about the Construction Lien Law, Chapter 713,
621	Part I, Florida Statutes, and the meaning of this notice by
622	contacting an attorney or the Florida Department of Business and
623	Professional Regulation.
624	...(Lienor's Signature)...
625	...(Lienor's Name)...
626	...(Lienor's Address)...
627
628	Copies to: ...(Those persons listed in Section 713.06(2)(a) and
629	(b), Florida Statutes)...
630
631	The form may be combined with a notice to contractor given under
632	s. 255.05 or s. 713.23 and, if so, may be entitled "NOTICE TO
633	OWNER/NOTICE TO CONTRACTOR."
634	Section 4.  Paragraph (d) of subsection (1) of section
635	713.13, Florida Statutes, is amended to read:
636	713.13  Notice of commencement.-
637	(1)
638	(d)  A notice of commencement must be in substantially the
639	following form:
640
641	Permit No.....     Tax Folio No.....
642	NOTICE OF COMMENCEMENT
643	State of....
644	County of....
645
646	The undersigned hereby gives notice that improvement will be
647	made to certain real property, and in accordance with Chapter
648	713, Florida Statutes, the following information is provided in
649	this Notice of Commencement.
650	1.  Description of property: ...(legal description of the
651	property, and street address if available)....
652	2.  General description of improvement:.....
653	3.  Owner information:.....
654	a.  Name and address:.....
655	b.  Interest in property:.....
656	c.  Name and address of fee simple titleholder (if other
657	than Owner):.....
658	4.a.  Contractor:...(name and address)....
659	b.  Contractor's phone number:.....
660	5.  Surety: ...(a copy of the payment bond is attached, if
661	the project is bonded)....
662	a.  Name and address:.....
663	b.  Phone number:.....
664	c.  Amount of bond: $.....
665	6.a.  Lender: ...(name and address)....
666	b.  Lender's phone number:.....
667	7.a.  Persons within the State of Florida designated by
668	Owner upon whom notices or other documents may be served as
669	provided by Section 713.13(1)(a)7., Florida Statutes: ...(name
670	and address)....
671	b.  Phone numbers of designated persons:.....
672	8.a.  In addition to himself or herself, Owner designates
673	............ of ............ to receive a copy of the Lienor's
674	Notice as provided in Section 713.13(1)(b), Florida Statutes.
675	b.  Phone number of person or entity designated by
676	owner:.....
677	9.  Expiration date of notice of commencement (the
678	expiration date is 1 year from the date of recording unless a
679	later different date is specified).....
680
681	WARNING TO OWNER: IF THIS NOTICE OF COMMENCEMENT WILL EXPIRE
682	BEFORE ALL WORK IS COMPLETED AND FINAL PAYMENT IS MADE, THE
683	EXPIRATION DATE MUST BE EXTENDED. ANY PAYMENTS MADE BY THE OWNER
684	AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE
685	CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION
686	713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE
687	FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST
688	BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST
689	INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
690	LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR
691	NOTICE OF COMMENCEMENT.
692
693	Under penalty of perjury, I declare that I have read the
694	foregoing notice of commencement and that the facts stated
695	therein are true to the best of my knowledge and belief.
696
697	...(Signature of Owner or Owner's Authorized
698	Officer/Director/Partner/Manager)...
699
700	...(Signatory's Title/Office)...
701
702	The foregoing instrument was acknowledged before me this ....
703	day of ...., ...(year)..., by ...(name of person)... as ...(type
704	of authority,...e.g. officer, trustee, attorney in fact)... for
705	...(name of party on behalf of whom instrument was executed)....
706
707	...(Signature of Notary Public - State of Florida)...
708
709	...(Print, Type, or Stamp Commissioned Name of Notary Public)...
710
711	Personally Known .... OR Produced Identification ....
712
713	Type of Identification Produced............
714
715	Verification pursuant to Section 92.525, Florida Statutes.
716
717	Under penalties of perjury, I declare that I have read the
718	foregoing and that the facts stated in it are true to the best
719	of my knowledge and belief.
720
721	...(Signature of Natural Person Signing Above)...
722	Section 5.  Section 713.135, Florida Statutes, is amended
723	to read:
724	713.135  Notice of commencement and applicability of lien.-
725	(1)  When a any person applies for a building permit, the
726	authority issuing such permit shall:
727	(a)  Require the applicant to submit the signed and dated
728	general statement of an owner's rights and responsibilities
729	under Florida's Construction Lien Law provided in s. 713.015 for
730	any single-family or multifamily residential dwelling up to and
731	including four units. A building permit application may not be
732	processed unless the signed document is in the file.
733	(b)(a)  Print on the face of each permit card in no less
734	than 14-point, capitalized, boldfaced type: "WARNING TO OWNER:
735	IF YOU FAIL YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT, YOU
736	MAY PAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR
737	PROPERTY. A NOTICE OF COMMENCEMENT, AND THE CONTRACTOR'S PAYMENT
738	BOND IF THE PROJECT IS BONDED, MUST BE RECORDED AND POSTED ON
739	THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO
740	OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
741	RECORDING YOUR NOTICE OF COMMENCEMENT."
742	(c)(b)  Make available to Provide the applicant and the
743	owner of the real property upon which improvements are to be
744	constructed copies of the general statement of an owner's rights
745	and responsibilities under Florida's with a printed statement
746	stating that the right, title, and interest of the person who
747	has contracted for the improvement may be subject to attachment
748	under the Construction Lien Law, as described in s. 713.015,
749	along with a statutory notice of commencement form. The issuing
750	authority may make the general statement and form available in
751	printed form or on the Internet or both. The Department of
752	Business and Professional Regulation shall furnish, for
753	distribution, the statement described in this paragraph, and the
754	statement must be a summary of the Construction Lien Law and
755	must include an explanation of the provisions of the
756	Construction Lien Law relating to the recording, and the posting
757	of copies, of notices of commencement and a statement
758	encouraging the owner to record a notice of commencement and
759	post a copy of the notice of commencement in accordance with s.
760	713.13. The statement must also contain an explanation of the
761	owner's rights if a lienor fails to furnish the owner with a
762	notice as provided in s. 713.06(2) and an explanation of the
763	owner's rights as provided in s. 713.22. The authority that
764	issues the building permit must obtain from the Department of
765	Business and Professional Regulation the statement required by
766	this paragraph and must mail, deliver by electronic mail or
767	other electronic format or facsimile, or personally deliver that
768	statement to the owner or, in a case in which the owner is
769	required to personally appear to obtain the permit, provide that
770	statement to any owner making improvements to real property
771	consisting of a single or multiple family dwelling up to and
772	including four units. However, the failure by the authorities to
773	provide the summary does not subject the issuing authority to
774	liability.
775	(c)  In addition to providing the owner with the statement
776	as required by paragraph (b), inform each applicant who is not
777	the person whose right, title, and interest is subject to
778	attachment that, as a condition to the issuance of a building
779	permit, the applicant must promise in good faith that the
780	statement will be delivered to the person whose property is
781	subject to attachment.
782	(d)  Furnish to the applicant two or more copies of a form
783	of notice of commencement conforming with s. 713.13. If the
784	direct contract is greater than $2,500, the applicant shall file
785	with the issuing authority prior to the first inspection either
786	a certified copy of the recorded notice of commencement or a
787	notarized statement that the notice of commencement has been
788	filed for recording, along with a copy thereof. In the absence
789	of the filing of a certified copy of the recorded notice of
790	commencement, the issuing authority or a private provider
791	performing inspection services may not perform or approve
792	subsequent inspections until the applicant files by mail,
793	facsimile, hand delivery, or any other means such certified copy
794	with the issuing authority. The certified copy of the notice of
795	commencement must contain the name and address of the owner, the
796	name and address of the contractor, and the location or address
797	of the property being improved. The issuing authority shall
798	(d)  Verify that the name and address of the owner, the
799	name of the contractor, and the location or address of the
800	property being improved, which are is contained in the certified
801	copy of the notice of commencement, are is consistent with the
802	information in the building permit application.
803	(e)  Provide the recording information from the official
804	public records in which the notice of commencement and payment
805	bond, if any, are recorded to any person upon request. The
806	issuing authority shall provide the recording information on the
807	certified copy of the recorded notice of commencement to any
808	person upon request. This subsection does not require the
809	recording of a notice of commencement prior to the issuance of a
810	building permit. If a local government requires a separate
811	permit or inspection for installation of temporary electrical
812	service or other temporary utility service, land clearing, or
813	other preliminary site work, such permits may be issued and such
814	inspections may be conducted without providing the issuing
815	authority with a certified copy of a recorded notice of
816	commencement or a notarized statement regarding a recorded
817	notice of commencement. This subsection does not apply to a
818	direct contract to repair or replace an existing heating or air-
819	conditioning system in an amount less than $7,500.
820	(f)(e)  Not require that a notice of commencement be
821	recorded as a condition of the application for, or processing or
822	issuance of, a building permit. However, this paragraph does not
823	modify or waive the inspection requirements set forth in this
824	subsection.
825	(g)  Not require that a notice of commencement be recorded
826	or provided for those projects described in s. 713.137(2).
827	(2)  An issuing authority under subsection (1) is not
828	liable in any civil action for the failure of the person whose
829	property is subject to attachment to receive or to be delivered
830	the general statement of an owner's rights and responsibilities
831	under Florida's a printed statement stating that the right,
832	title, and interest of the person who has contracted for the
833	improvement may be subject to attachment under the Construction
834	Lien Law as provided in s. 713.015.
835	(3)  An issuing authority under subsection (1) is not
836	liable in any civil action for the failure to verify that a
837	certified copy of the recorded notice of commencement has been
838	filed in accordance with this section.
839	(4)  The several boards of county commissioners, municipal
840	councils, or other similar bodies may by ordinance or resolution
841	establish reasonable fees for furnishing, upon request, copies
842	of the forms and the printed statement provided in paragraph
843	(1)(a) paragraphs (1)(b) and (d) in an amount not to exceed $5
844	to be paid by the applicant for each permit in addition to all
845	other costs of the permit; however, no forms or statement need
846	be furnished, mailed, or otherwise provided to, nor may such
847	additional fee be obtained from, applicants for permits in those
848	cases in which the owner of a legal or equitable interest
849	(including that of ownership of stock of a corporate landowner)
850	of the real property to be improved is engaged in the business
851	of construction of buildings for sale to others and intends to
852	make the improvements authorized by the permit on the property
853	and upon completion will offer the improved real property for
854	sale.
855	(5)  In addition to any other information required by the
856	authority issuing the permit, each building permit application
857	must contain:
858	(a)  The name and address of the owner of the real
859	property;
860	(b)  The name and address of the contractor;
861	(c)  A description sufficient to identify the real property
862	to be improved; and
863	(d)  The number or identifying symbol assigned to the
864	building permit by the issuing authority, which number or symbol
865	must be affixed to the application by the issuing authority.
866	(6)(a)  In addition to any other information required by
867	the authority issuing the permit, the building permit
868	application must be in substantially the following form:
869
870	Tax Folio No.........
871	BUILDING PERMIT APPLICATION
872
873	Owner's Name
874	Owner's Address
875	Fee Simple Titleholder's Name (If other than owner)
876	Fee Simple Titleholder's Address (If other than owner)
877	City
878	State............ Zip............
879	Contractor's Name
880	Contractor's Address
881	City
882	State............ Zip............
883	Job Name
884	Job Address
885	City................     County............
886	Legal Description
887	Bonding Company
888	Bonding Company Address
889	City................ State............
890	Architect/Engineer's Name
891	Architect/Engineer's Address
892	Mortgage Lender's Name
893	Mortgage Lender's Address
894
895	Application is hereby made to obtain a permit to do the
896	work and installations as indicated. I certify that no work or
897	installation has commenced prior to the issuance of a permit and
898	that all work will be performed to meet the standards of all
899	laws regulating construction in this jurisdiction. I understand
900	that a separate permit must be secured for ELECTRICAL WORK,
901	PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,
902	TANKS, and AIR CONDITIONERS, etc.
903
904	OWNER'S AFFIDAVIT: I certify that all the foregoing information
905	is accurate and that all work will be done in compliance with
906	all applicable laws regulating construction and zoning.
907
908	WARNING TO OWNER: IF YOU FAIL YOUR FAILURE TO RECORD A
909	NOTICE OF COMMENCEMENT, YOU MAY PAY RESULT IN YOUR
910	PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A
911	NOTICE OF COMMENCEMENT, AND THE CONTRACTOR'S PAYMENT
912	BOND IF THE PROJECT IS BONDED, MUST BE RECORDED AND
913	POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.
914
915	IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
916	LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR
917	RECORDING YOUR NOTICE OF COMMENCEMENT.
918
919	...(Signature of Owner or Agent)...
920
921	...(including contractor)...
922	STATE OF FLORIDA
923	COUNTY OF ....
924
925	Sworn to (or affirmed) and subscribed before me this ....
926	day of ...., ...(year)..., by ...(name of person making
927	statement)....
928
929	...(Signature of Notary Public - State of Florida)...
930	...(Print, Type, or Stamp Commissioned Name of Notary Public)...
931
932	Personally Known .... OR Produced Identification ....
933
934	Type of Identification Produced............
935	...(Signature of Contractor)...
936
937	STATE OF FLORIDA
938	COUNTY OF ....
939
940	Sworn to (or affirmed) and subscribed before me this ....
941	day of ...., ...(year)..., by ...(name of person making
942	statement)....
943	...(Signature of Notary Public - State of Florida)...
944	...(Print, Type, or Stamp Commissioned Name of Notary Public)...
945
946	Personally Known .... OR Produced Identification ....
947
948	Type of Identification Produced............
949	(Certificate of Competency Holder)
950
951	Contractor's State Certification or Registration No.....
952
953	Contractor's Certificate of Competency No.........
954
955	APPLICATION APPROVED BY
956	................Permit Officer
957	(b)  Consistent with the requirements of paragraph (a), an
958	authority responsible for issuing building permits under this
959	section may accept a building permit application in an
960	electronic format, as prescribed by the authority. Building
961	permit applications submitted to the authority electronically
962	must contain the following additional statement in lieu of the
963	requirement in paragraph (a) that a signed, sworn, and notarized
964	signature of the owner or agent and the contractor be part of
965	the owner's affidavit:
966
967	OWNER'S ELECTRONIC SUBMISSION STATEMENT: Under penalty of
968	perjury, I declare that all the information contained in this
969	building permit application is true and correct.
970	(c)  An authority responsible for issuing building permit
971	applications which accepts building permit applications in an
972	electronic format shall provide public Internet access to the
973	electronic building permit applications in a searchable format.
974	(7)  This section applies to every municipality and county
975	in the state which now has or hereafter may have a system of
976	issuing building permits for the construction of improvements or
977	for the alteration or repair of improvements on or to real
978	property located within the geographic limits of the issuing
979	authority.
980	Section 6.  Section 713.137, Florida Statutes, is created
981	to read:
982	713.137  Prerequisites to inspection of improvements;
983	exceptions.-
984	(1)  The authority issuing a building permit or a private
985	provider performing inspection services may not inspect the real
986	property being improved unless:
987	(a)  The following documents have been filed with the
988	issuing authority:
989	1.a.  A certified copy of the recorded notice of
990	commencement; or
991	b.  A notarized statement that the notice of commencement
992	has been filed for recording, along with a copy of the notice.
993	2.  If the permit is for a commercial project:
994	a.  A copy of the contractor's recorded payment bond; or
995	b.  A notarized statement of the contractor or owner
996	stating that a payment bond was not required.
997	3.  A signed copy of the general statement of owner's
998	rights and responsibilities under Florida's Construction Lien
999	Law, if required by s. 713.015.
1000	(b)  The information in the notice of commencement filed
1001	with the issuing authority has been verified by the issuing
1002	authority to be legible, complete, and consistent with the
1003	building permit application.
1004	(2)  This section does not apply to inspections of the
1005	following improvements:
1006	(a)  The installation of temporary electrical service or
1007	other temporary utility service, land clearing, or other
1008	preliminary site work.
1009	(b)  Improvements pursuant to a direct contract in an
1010	amount of $5,000 or less.
1011	(c)  The repair or replacement of a heating or air-
1012	conditioning system pursuant to a direct contract in an amount
1013	of $7,500 or less.
1014	(d)  The installation of a solar hot water system pursuant
1015	to a direct contract in an amount of $7,500 or less.
1016	Section 7.  Section 713.16, Florida Statutes, is amended to
1017	read:
1018	713.16  Demand for copy of contract and statements of
1019	account; form.-
1020	(1)  A copy of the contract of a lienor or owner and a
1021	statement of the amount due or to become due if fixed or
1022	ascertainable thereon must be furnished by any party thereto,
1023	upon written demand of an owner or a lienor contracting with or
1024	employed by the other party to such contract. If the owner or
1025	lienor refuses or neglects to furnish such copy of the contract
1026	or such statement, or willfully and falsely states the amount
1027	due or to become due if fixed or ascertainable under such
1028	contract, any person who suffers any detriment thereby has a
1029	cause of action against the person refusing or neglecting to
1030	furnish the same or willfully and falsely stating the amount due
1031	or to become due for his or her damages sustained thereby. The
1032	information contained in such copy or statement furnished
1033	pursuant to such written demand is binding upon the owner or
1034	lienor furnishing it unless actual notice of any modification is
1035	given to the person demanding the copy or statement before such
1036	person acts in good faith in reliance on it. The person
1037	demanding such documents must pay for the reproduction thereof;
1038	and, if such person fails or refuses to do so, he or she is
1039	entitled only to inspect such documents at reasonable times and
1040	places.
1041	(2)  The owner may serve in writing a demand of any lienor
1042	for a written statement under oath of his or her account showing
1043	the nature of the labor or services performed and to be
1044	performed, if any, the materials furnished, the materials to be
1045	furnished, if known, the amount paid on account to date, the
1046	amount due, and the amount to become due, if known, as of the
1047	date of the statement by the lienor. Any such demand to a lienor
1048	must be served on the lienor at the address and to the attention
1049	of any person who is designated to receive the demand in the
1050	notice to owner served by such lienor and must include a
1051	description of the project, including the names of the owner,
1052	the contractor, and the lienor's customer, as set forth in the
1053	lienor's notice to owner, sufficient for the lienor to properly
1054	identify the account in question. The failure or refusal to
1055	furnish the statement does not deprive the lienor of his or her
1056	lien if the demand is not served at the address of the lienor or
1057	directed to the attention of the person designated to receive
1058	the demand in the notice to owner. The failure or refusal to
1059	furnish the statement under oath within 30 days after the
1060	demand, or the furnishing of a false or fraudulent statement,
1061	deprives the person so failing or refusing to furnish such
1062	statement of his or her lien. If the owner serves more than one
1063	demand for statement of account on a lienor and none of the
1064	information regarding the account has changed since the lienor's
1065	last response to a demand, the failure or refusal to furnish
1066	such statement does not deprive the lienor of his or her lien.
1067	The negligent inclusion or omission of any information deprives
1068	the person of his or her lien to the extent the owner can
1069	demonstrate prejudice from such act or omission by the lienor.
1070	The failure to furnish a response to a demand for statement of
1071	account does not affect the validity of any claim of lien being
1072	enforced through a foreclosure case filed prior to the date the
1073	demand for statement is received by the lienor.
1074	(3)  A request for sworn statement of account must be in
1075	substantially the following form:
1076	REQUEST FOR SWORN STATEMENT OF ACCOUNT
1077
1078	WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT, SIGNED
1079	UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE
1080	STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN.
1081
1082	To: ...(Lienor's name and address)...
1083
1084	The undersigned hereby demands a written statement under oath of
1085	his or her account showing the nature of the labor or services
1086	performed and to be performed, if any, the materials furnished,
1087	the materials to be furnished, if known, the amount paid on
1088	account to date, the amount due, and the amount to become due,
1089	if known, as of the date of the statement for the improvement of
1090	real property identified as ......(property description).......
1091	Name of contractor: .............
1092	Name of the lienor's customer (as specified in the lienor's
1093	Notice to Owner, if such notice has been served): .............
1094	...(signature and address of owner)...
1095	......(date of request for sworn statement of account)......
1096	(4)  When a contractor has furnished a payment bond
1097	pursuant to s. 713.23, he or she may, when an owner makes any
1098	payment to the contractor or directly to a lienor, serve a
1099	written demand on any other lienor for a written statement under
1100	oath of his or her account showing the nature of the labor or
1101	services performed and to be performed, if any, the materials
1102	furnished, the materials to be furnished, if known, the amount
1103	paid on account to date, the amount due, and the amount to
1104	become due, if known, as of the date of the statement by the
1105	lienor. Any such demand to a lienor must be served on the lienor
1106	at the address and to the attention of any person who is
1107	designated to receive the demand in the notice to contractor
1108	served by such lienor. The demand must include a description of
1109	the project, the names of the owner, the contractor, and the
1110	lienor's customer, as set forth in the lienor's notice to
1111	contractor, sufficient for the lienor to properly identify the
1112	account in question. The failure or refusal to furnish the
1113	statement does not deprive the lienor of his or her rights under
1114	the bond if the demand is not served at the address of the
1115	lienor or directed to the attention of the person designated to
1116	receive the demand in the notice to contractor. The failure to
1117	furnish the statement within 30 days after the demand, or the
1118	furnishing of a false or fraudulent statement, deprives the
1119	person who fails to furnish the statement, or who furnishes the
1120	false or fraudulent statement, of his or her rights under the
1121	bond. If the contractor serves more than one demand for
1122	statement of account on a lienor and none of the information
1123	regarding the account has changed since the lienor's last
1124	response to a demand, the failure or refusal to furnish such
1125	statement does not deprive the lienor of his or her rights under
1126	the bond. The negligent inclusion or omission of any information
1127	deprives the person of his or her rights under the bond to the
1128	extent the contractor can demonstrate prejudice from such act or
1129	omission by the lienor. The failure to furnish a response to a
1130	demand for statement of account does not affect the validity of
1131	any claim on the bond being enforced in a lawsuit filed prior to
1132	the date the demand for statement of account is received by the
1133	lienor.
1134	(5)(a)  Any lienor who submits or mails has recorded a
1135	claim of lien to the clerk for recording may make written demand
1136	on the owner for a written statement under oath showing:
1137	1.  The amount of the direct contract under which the lien
1138	was recorded;
1139	2.  The dates and amounts paid or to be paid by or on
1140	behalf of the owner for all improvements described in the direct
1141	contract;
1142	3.  The reasonable estimated costs of completing the direct
1143	contract under which the lien was claimed pursuant to the scope
1144	of the direct contract; and
1145	4.  If known, the actual cost of completion.
1146	(b)  Any owner who does not provide the statement within 30
1147	days after demand, or who provides a false or fraudulent
1148	statement, is not a prevailing party for purposes of an award of
1149	attorney's fees under s. 713.29. The written demand must include
1150	the following warning in conspicuous type in substantially the
1151	following form:
1152	WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT
1153	WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL
1154	RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY
1155	ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING
1156	THIS STATEMENT.
1157	(6)  Any written demand served on the owner must include a
1158	description of the project, the names of the contractor and the
1159	lienor's customer, as set forth in the lienor's notice to owner,
1160	sufficient for the owner to properly identify the project in
1161	question.
1162	(7)(6)  For purposes of this section, the term
1163	"information" means the nature and quantity of the labor,
1164	services, and materials furnished or to be furnished by a lienor
1165	and the amount paid, the amount due, and the amount to become
1166	due on the lienor's account.
1167	Section 8.  Section 713.18, Florida Statutes, is amended to
1168	read:
1169	713.18  Manner of serving notices and other instruments.-
1170	(1)  Service of notices, claims of lien, affidavits,
1171	assignments, and other instruments permitted or required under
1172	this part, or copies thereof when so permitted or required,
1173	unless otherwise specifically provided in this part, must be
1174	made by one of the following methods:
1175	(a)  By actual delivery to the person to be served; if a
1176	partnership, to one of the partners; if a corporation, to an
1177	officer, director, managing agent, or business agent; or, if a
1178	limited liability company, to a member or manager.
1179	(b)  By sending the same by common carrier delivery service
1180	or by registered, global express guaranteed, or certified mail,
1181	with postage or shipping paid by the sender prepaid, and or by
1182	overnight or second-day delivery with evidence of delivery,
1183	which may be in an electronic format.
1184	(c)  If the method specified in paragraph (a) or paragraph
1185	(b) cannot be accomplished, By posting on the site of the
1186	improvement if service as provided by paragraph (a) or paragraph
1187	(b) cannot be accomplished premises.
1188	(2)  Notwithstanding subsection (1), service of if a notice
1189	to owner, a notice to contractor under s. 713.23, or a
1190	preliminary notice under s. 255.05 is mailed by registered or
1191	certified mail with postage prepaid to the person to be served
1192	at any of the addresses set forth in subsection (3) within 40
1193	days after the date the lienor first furnishes labor, services,
1194	or materials, service of that notice is effective as of the date
1195	of mailing if:
1196	(a)  The notice is mailed by registered, global express
1197	guaranteed, or certified mail, with postage prepaid, to the
1198	person to be served at any of the addresses set forth in
1199	subsection (3);
1200	(b)  The notice is mailed within 40 days after the date the
1201	lienor first furnishes labor, services, or materials; and
1202	(c)1.  The person who served the notice maintains a
1203	registered or certified mail log that shows the registered or
1204	certified mail number issued by the United States Postal
1205	Service, the name and address of the person served, and the date
1206	stamp of the United States Postal Service confirming the date of
1207	mailing; or if
1208	2.  The person who served the notice maintains electronic
1209	tracking records generated through use of the United States
1210	Postal Service Confirm service or a similar service containing
1211	the postal tracking number, the name and address of the person
1212	served, and verification of the date of receipt by the United
1213	States Postal Service.
1214	(3)(a)  Service of If an instrument served pursuant to this
1215	section is effective on the date of mailing if the instrument:
1216	1.  Is sent to the last address shown in the notice of
1217	commencement or any amendment thereto or, in the absence of a
1218	notice of commencement, to the last address shown in the
1219	building permit application, or to the last known address of the
1220	person to be served; and, is not received, but
1221	2.  Is returned as being "refused," "moved, not
1222	forwardable," or "unclaimed," or is otherwise not delivered or
1223	deliverable through no fault of the person serving the item,
1224	then service is effective on the date the instrument was sent.
1225	(b)  If the address shown in the notice of commencement or
1226	any amendment to the notice, or, in the absence of a notice of
1227	commencement, in the building permit application, is incomplete
1228	for purposes of mailing or delivery, the person serving the item
1229	may complete the address and properly format it according to
1230	United States Postal Service addressing standards using
1231	information obtained from the property appraiser or another
1232	public record or directory without affecting the validity of
1233	service under this section.
1234	(4)  A notice served by a lienor on one owner or one
1235	partner of a partnership owning the real property If the real
1236	property is owned by more than one person or a partnership, a
1237	lienor may serve any notices or other papers under this part on
1238	any one of such owners or partners, and such notice is deemed
1239	notice to all owners and partners.
1240	Section 9.  Section 713.22, Florida Statutes, is amended to
1241	read:
1242	713.22  Duration of lien.-
1243	(1)  A No lien provided by this part does not shall
1244	continue for a longer period than 1 year after the claim of lien
1245	has been recorded or 1 year after the recording of an amended
1246	claim of lien that shows a later date of final furnishing of
1247	labor, services, or materials, unless within that time an action
1248	to enforce the lien is commenced in a court of competent
1249	jurisdiction. A lien that has been continued beyond the 1-year
1250	period The continuation of the lien effected by the commencement
1251	of an the action is shall not enforceable be good against
1252	creditors or subsequent purchasers for a valuable consideration
1253	and without notice, unless a notice of lis pendens is recorded.
1254	(2)  An owner or the owner's agent or attorney may elect to
1255	shorten the time prescribed in subsection (1) within which to
1256	commence an action to enforce any claim of lien or claim against
1257	a bond or other security under s. 713.23 or s. 713.24 by
1258	recording in the clerk's office a notice in substantially the
1259	following form:
1260	NOTICE OF CONTEST OF LIEN
1261	To: ...(Name and address of lienor)...
1262	You are notified that the undersigned contests the claim of lien
1263	filed by you on ...., ...(year)..., and recorded in .... Book
1264	...., Page ...., of the public records of .... County, Florida,
1265	and that the time within which you may file suit to enforce your
1266	lien is limited to 60 days from the date of service of this
1267	notice. This .... day of ...., ...(year).....
1268	Signed: ...(Owner or Attorney)...
1269
1270	The lien of any lienor upon whom such notice is served and who
1271	fails to institute a suit to enforce his or her lien within 60
1272	days after service of such notice shall be extinguished
1273	automatically. The owner or the owner's attorney clerk shall
1274	serve mail a copy of the notice of contest to the lien claimant
1275	at the address shown in the claim of lien or most recent
1276	amendment thereto and shall certify to such service on the face
1277	of such notice and record the notice. Service shall be deemed
1278	complete upon mailing.
1279	Section 10.  Paragraphs (c), (d), and (e) of subsection (1)
1280	and subsections (2) and (4) of section 713.23, Florida Statutes,
1281	are amended to read:
1282	713.23  Payment bond.-
1283	(1)
1284	(c)  Either before beginning or within 45 days after
1285	beginning to furnish labor, materials, or supplies, a lienor who
1286	is not in privity with the contractor, except a laborer, shall
1287	serve the contractor with notice in writing that the lienor will
1288	look to the contractor's bond for protection on the work. If a
1289	notice of commencement is not recorded, or a reference to the
1290	bond is not given in the notice of commencement, and in either
1291	case if the lienor not in privity with the contractor is not
1292	otherwise notified in writing of the existence of the bond, the
1293	lienor not in privity with the contractor shall have 45 days
1294	from the date the lienor is notified of the existence of the
1295	bond within which to serve the notice. The notice must may be in
1296	substantially the following form:
1297
1298	NOTICE TO CONTRACTOR
1299
1300	To ...(name and address of contractor)...
1301
1302	This notice is to inform you that the lienor identified below
1303	intends to look to the contractor's bond to secure payment for
1304	the furnishing of materials or services for the improvement of
1305	real property. These materials or services have been furnished
1306	or are being furnished to: ...(property description)..., which
1307	is owned by: ...(owner's name and address).... A general
1308	description of the materials or services is as follows:
1309	...(general description of materials or services).... The
1310	materials or services were ordered by: ...(lienor's
1311	customer)....
1312
1313	... (name of lienor)...
1314	...(signature of lienor or lienor's
1315	representative)......(date)...
1316	...(lienor's address)...
1317
1318	The undersigned notifies you that he or she has furnished or is
1319	furnishing ...(services or materials)... for the improvement of
1320	the real property identified as ...(property description)...
1321	owned by ...(owner's name and address)... under an order given
1322	by .... and that the undersigned will look to the contractor's
1323	bond for protection on the work.
1324
1325	...(Lienor's signature and address)...
1326
1327	(d)  In addition, a lienor is required, as a condition
1328	precedent to recovery under the bond, to serve a written notice
1329	of nonpayment to the contractor and the surety not later than 90
1330	days after the final furnishing of labor, services, or materials
1331	by the lienor. The notice of nonpayment must state, as of the
1332	date of the notice, the nature of the labor or services
1333	performed and to be performed, if any; the materials furnished;
1334	the materials to be furnished, if known; the amount paid on
1335	account to date; the amount due; the amount to become due, if
1336	known; and the date that the notice to contractor, if any, was
1337	served on the contractor. Any notice of nonpayment served by a
1338	lienor who is not in privity with the contractor which includes
1339	sums for retainage must specify the portion of the amount
1340	claimed for retainage. The notice of nonpayment shall be a sworn
1341	statement and may be served at any time during the progress of
1342	the work or thereafter, but not later than 90 days after the
1343	final furnishing of the labor, services, or materials by the
1344	lienor or, with respect to rental equipment, not later than 90
1345	days after the date that the rental equipment was last on the
1346	job site available for use. This A written notice satisfies the
1347	this condition precedent with respect to the payment described
1348	in the notice of nonpayment, including unpaid finance charges
1349	due under the lienor's contract, and with respect to any other
1350	payments which become due to the lienor after the date of the
1351	notice of nonpayment. The time period for serving a written
1352	notice of nonpayment shall be measured from the last day of
1353	furnishing labor, services, or materials by the lienor and shall
1354	not be measured by other standards, such as the issuance of a
1355	certificate of occupancy or the issuance of a certificate of
1356	substantial completion. The failure of a lienor to receive
1357	retainage sums not in excess of 10 percent of the value of
1358	labor, services, or materials furnished by the lienor is not
1359	considered a nonpayment requiring the service of the notice
1360	provided under this paragraph. The notice under this paragraph
1361	must may be in substantially the following form:
1362	NOTICE OF NONPAYMENT
1363	To: ...(name and address of contractor)...
1364	...(name and address of surety)...
1365
1366	This notice is to inform you that, as of the date of this
1367	notice, the lienor identified below has not been fully paid for
1368	furnishing labor, services, or materials for an improvement to
1369	real property. The labor, services, or materials have been
1370	furnished to: ...(property description)..., which is owned by:
1371	...(owner's name and address).... A general description of the
1372	labor, services, or materials is as follows: ...(general
1373	description of labor, services, or materials).... The labor,
1374	services, or materials were ordered by: ...(lienor's
1375	customer)....
1376
1377	The amount paid by ...(lienor's customer)... as of the date of
1378	this notice for the labor, services, or materials is: $..... The
1379	total amount currently due and unpaid is $...., with $.... of
1380	that amount attributable to retainage.
1381
1382	You are further notified that the lienor identified below
1383	expects to furnish additional labor, services, or materials for
1384	the improvement ordered by the same customer. A general
1385	description of the additional labor, services, or materials is
1386	as follows: ...(general description of labor, services, or
1387	materials).... The additional amount expected to become due is:
1388	$.....
1389
1390	If applicable, a notice to contractor pursuant to section
1391	713.23(1)(c), Florida Statutes, was served on ...(name of
1392	contractor)... on ...(date)....
1393
1394	...(name of lienor)...
1395	...(signature of lienor or lienor's
1396	representative)......(date)...
1397	...(lienor's address)...
1398
1399	Sworn to (or affirmed) and subscribed before me this .... day of
1400	.... ,..(year).., by ...(name of person making statement)....
1401	...(Signature of Notary Public...... (Print, Type, or Stamp
1402	Commissioned Name of Notary Public)...
1403
1404	Personally Known .... OR Produced ...... as identification.
1405	To ...(name of contractor and address)...
1406
1407	...(name of surety and address)...
1408
1409	The undersigned notifies you that he or she has furnished
1410	...(describe labor, services, or materials)... for the
1411	improvement of the real property identified as ...(property
1412	description).... The amount now due and unpaid is $.....
1413
1414	...(signature and address of lienor)...
1415
1416	(e)  An No action for the labor or materials or supplies
1417	may not be instituted or prosecuted against the contractor or
1418	surety unless both notices have been given, if required by this
1419	section. An No action may not shall be instituted or prosecuted
1420	against the contractor or against the surety on the bond under
1421	this section after 1 year from the performance of the labor or
1422	completion of delivery of the materials and supplies. The time
1423	period for bringing an action against the contractor or surety
1424	on the bond shall be measured from the last day of furnishing
1425	labor, services, or materials by the lienor. The time period may
1426	and shall not be measured by other standards, such as the
1427	issuance of a certificate of occupancy or the issuance of a
1428	certificate of substantial completion. A contractor or the
1429	contractor's agent or attorney may elect to shorten the
1430	prescribed time within which an action to enforce any claim
1431	against a payment bond provided under this section or s. 713.245
1432	must may be commenced at any time after a notice of nonpayment,
1433	if required, has been served for the claim by recording in the
1434	clerk's office a notice in substantially the following form:
1435	NOTICE OF CONTEST OF CLAIM
1436	AGAINST PAYMENT BOND
1437	To: ...(Name and address of lienor)...
1438	You are notified that the undersigned contests your notice
1439	of nonpayment, dated ...., ...., and served on the undersigned
1440	on ...., ...., and that the time within which you may file suit
1441	to enforce your claim is limited to 60 days from the date of
1442	service of this notice.
1443
1444	DATED on ...., .....
1445
1446	Signed: ...(Contractor or Attorney)...
1447
1448	The claim of any lienor upon whom the notice is served and who
1449	fails to institute a suit to enforce his or her claim against
1450	the payment bond within 60 days after service of the notice
1451	shall be extinguished automatically. The contractor or the
1452	contractor's attorney clerk shall serve mail a copy of the
1453	notice of contest to the lienor at the address shown in the
1454	notice of nonpayment or most recent amendment thereto and shall
1455	certify to such service on the face of the notice and record the
1456	notice. Service is complete upon mailing.
1457	(2)  The bond shall secure every lien under the direct
1458	contract accruing subsequent to its execution and delivery,
1459	except that of the contractor. Every claim of lien, except that
1460	of the contractor, filed subsequent to execution and delivery of
1461	the bond shall be transferred to it with the same effect as
1462	liens transferred under s. 713.24. Record notice of the transfer
1463	shall be effected by the contractor, or any person having an
1464	interest in the property against which the claim of lien has
1465	been asserted, by recording in the clerk's office a notice in
1466	substantially the following form:
1467	NOTICE OF BOND
1468
1469	To ...(Name and Address of Lienor)...
1470
1471	You are notified that the claim of lien filed by you on ....,
1472	...., and recorded in Official Records Book .... at page .... of
1473	the public records of .... County, Florida, is secured by a
1474	bond, a copy being attached.
1475
1476	Signed: ...(Name of person recording notice)...
1477
1478	The notice shall be verified. The person recording the notice of
1479	bond clerk shall serve mail a copy of the notice along with a
1480	copy of the bond to the lienor at the address shown in the claim
1481	of lien, or the most recent amendment to it; shall certify to
1482	the service on the face of the notice; and shall record the
1483	notice. The clerk shall receive the same fee as prescribed in s.
1484	713.24(1) for certifying to a transfer of lien.
1485	(4)  The provisions of s. 713.24(3) shall apply to bonds
1486	under this section.
1487	Section 11.  This act shall take effect October 1, 2011.

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