Florida Senate - 2014                                     SB 460
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-00396B-14                                           2014460__
    1                        A bill to be entitled                      
    2         An act relating to construction liens; amending s.
    3         28.24, F.S.; specifying a new fee for recording a
    4         claim of lien under the Construction Lien Law;
    5         amending s. 713.08, F.S.; providing that recording a
    6         claim of lien after a specified time is an act of
    7         fraud; requiring certain documents to be provided
    8         before a claim of lien is recorded; requiring the
    9         clerk of court to attach such document to the claim of
   10         lien before recording the claim; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (f) is added to subsection (12) of
   16  section 28.24, Florida Statutes, to read:
   17         28.24 Service charges.—The clerk of the circuit court shall
   18  charge for services rendered manually or electronically by the
   19  clerk’s office in recording documents and instruments and in
   20  performing other specified duties. These charges may not exceed
   21  those specified in this section, except as provided in s.
   22  28.345.
   23  
   24  Charges
   25  
   26         (12) For recording, indexing, and filing any instrument not
   27  more than 14 inches by 8 1/2 inches, including required notice
   28  to property appraiser where applicable:
   29         (f) Notwithstanding paragraphs (a) and (b), to record a
   30  claim of lien pursuant to part I of chapter 713 .... 50.00
   31         Section 2. Subsection (5) of section 713.08, Florida
   32  Statutes, is amended, and subsection (6) is added to that
   33  section, to read:
   34         713.08 Claim of lien.—
   35         (5) The claim of lien may be recorded at any time during
   36  the progress of the work or thereafter but not later than 90
   37  days after the final furnishing of the labor, or services, or
   38  materials by the lienor. However, if the original contract is
   39  terminated under s. 713.07(4), a claim for a lien attaching
   40  before prior to such termination may not be recorded more than
   41  after 90 days after following the date of such termination or 90
   42  days after the final furnishing of labor, services, or materials
   43  by the lienor, whichever occurs first. Recording a claim of lien
   44  after the 90-day period is an act of fraud, punishable as
   45  provided under s. 713.31.
   46         (a) The claim of lien shall be recorded in the clerk’s
   47  office. If the such real property is situated in two or more
   48  counties, the claim of lien shall be recorded in the clerk’s
   49  office in each of such counties. The recording of the claim of
   50  lien shall be constructive notice to all persons of the contents
   51  and effect of such claim.
   52         (b) The validity of the lien and the right to record a
   53  claim of lien is therefor shall not be affected by the
   54  insolvency, bankruptcy, or death of the owner before the claim
   55  of lien is recorded.
   56         (6)(a) A claim of lien may not be recorded until the lienor
   57  provides the clerk with a copy of one of the following:
   58         1. The notice of commencement.
   59         2. The building permit for the real property at issue.
   60         3. An affidavit or contract signed under penalty of perjury
   61  which attests that the labor or materials were furnished for the
   62  real property at issue.
   63         (b) The clerk of court shall attach the copy provided
   64  pursuant to paragraph (a) to the claim of lien before recording
   65  the claim.
   66         Section 3. This act shall take effect July 1, 2014.