Florida Senate - 2023                              CS for SB 624
       
       
        
       By the Committee on Judiciary; and Senators Grall and Perry
       
       
       
       
       
       590-03285-23                                           2023624c1
    1                        A bill to be entitled                      
    2         An act relating to liens and bonds; amending s.
    3         255.05, F.S.; revising when a notice of contest of
    4         claim against a payment bond must be served; requiring
    5         that a copy of a notice of nonpayment be served on the
    6         surety; revising the process for notarizing a notice
    7         of nonpayment; revising authorized alternative forms
    8         of security; requiring service of documents to be made
    9         in a specified manner; conforming provisions to
   10         changes made by the act; making technical changes;
   11         amending s. 337.18, F.S.; requiring service of
   12         documents to be made in a specified manner; conforming
   13         provisions to changes made by the act; amending s.
   14         713.01, F.S.; revising and providing definitions;
   15         creating s. 713.011, F.S.; providing for the
   16         computation of time when certain time periods fall on
   17         specified days or during an emergency; tolling
   18         specified time periods for recording a document or
   19         filing an action under certain circumstances; amending
   20         s. 713.10, F.S.; revising the extent of certain liens;
   21         amending s. 713.13, F.S.; conforming a cross
   22         reference; revising the process for notarizing a
   23         notice of commencement; making technical changes;
   24         amending s. 713.132, F.S.; revising requirements for a
   25         notice of termination; revising when an owner may
   26         record a notice of termination; specifying when a
   27         notice of termination terminates a notice of
   28         commencement; amending s. 713.135, F.S.; defining the
   29         term “copy of the notice of commencement”; providing
   30         applicability; revising the dollar threshold of an
   31         exception; providing immunity; amending s. 713.18,
   32         F.S.; requiring service of documents relating to
   33         construction bonds to be made in a specified manner;
   34         authorizing employees or agents of specified entities
   35         to receive service of certain documents; making
   36         technical changes; amending s. 713.21, F.S.;
   37         authorizing the full or partial release of a lien
   38         under specified conditions; making technical changes;
   39         amending s. 713.22, F.S.; requiring the clerk to serve
   40         a copy of a notice of contest of lien on certain
   41         persons after it has been recorded; making technical
   42         changes; amending s. 713.23, F.S.; requiring that a
   43         copy of a notice of nonpayment be served on the
   44         surety; revising the process for notarizing a notice
   45         of nonpayment under a payment bond; requiring the
   46         clerk to serve a copy of a notice of contest of lien
   47         on certain persons after it has been recorded;
   48         amending s. 713.24, F.S.; revising the amount required
   49         in addition to the deposit or bond that applies toward
   50         attorney fees and court costs; requiring the clerk to
   51         make a copy of the deposit or bond used to transfer a
   52         lien to other security and mail it to the lienor;
   53         making technical changes; repealing s. 713.25, F.S.,
   54         relating to applicability of chapter 65-456, Laws of
   55         Florida; amending s. 713.29, F.S.; authorizing
   56         attorney fees in actions brought to enforce a lien
   57         that has been transferred to security; making
   58         technical changes; providing an effective date.
   59          
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Paragraph (a) of subsection (2) and subsection
   63  (7) of section 255.05, Florida Statutes, are amended, and
   64  subsection (12) is added to that section, to read:
   65         255.05 Bond of contractor constructing public buildings;
   66  form; action by claimants.—
   67         (2)(a)1. If a claimant is no longer furnishing labor,
   68  services, or materials on a project, a contractor or the
   69  contractor’s agent or attorney may elect to shorten the time
   70  within which an action to enforce any claim against a payment
   71  bond must be commenced by recording in the clerk’s office a
   72  notice in substantially the following form:
   73  
   74                     NOTICE OF CONTEST OF CLAIM                    
   75                        AGAINST PAYMENT BOND                       
   76  
   77  To: ...(Name and address of claimant)...
   78  
   79         You are notified that the undersigned contests your notice
   80  of nonpayment, dated ............, ........, and served on the
   81  undersigned on ............, ........, and that the time within
   82  which you may file suit to enforce your claim is limited to 60
   83  days after the date of service of this notice.
   84  
   85         DATED on ............, .........
   86  
   87  Signed: ...(Contractor or Attorney)...
   88  
   89  The claim of a claimant upon whom such notice is served and who
   90  fails to institute a suit to enforce his or her claim against
   91  the payment bond within 60 days after service of such notice is
   92  extinguished automatically. The contractor or the contractor’s
   93  attorney shall serve a copy of the notice of contest on to the
   94  claimant at the address shown in the notice of nonpayment or
   95  most recent amendment thereto and shall certify to such service
   96  on the face of the notice and record the notice.
   97         2. A claimant, except a laborer, who is not in privity with
   98  the contractor shall, before commencing or not later than 45
   99  days after commencing to furnish labor, services, or materials
  100  for the prosecution of the work, serve the contractor with a
  101  written notice that he or she intends to look to the bond for
  102  protection. If the payment bond is not recorded before the
  103  commencement of work or before the recommencement of work after
  104  a default or abandonment as required by subsection (1), the
  105  claimant may serve the contractor with such written notice up to
  106  45 days after the date that the claimant is served with a copy
  107  of the bond. A claimant who is not in privity with the
  108  contractor and who has not received payment for furnishing his
  109  or her labor, services, or materials shall serve a written
  110  notice of nonpayment on the contractor and a copy of the notice
  111  of nonpayment on the surety. The notice of nonpayment must shall
  112  be under oath and served during the progress of the work or
  113  thereafter but may not be served earlier than 45 days after the
  114  first furnishing of labor, services, or materials by the
  115  claimant or later than 90 days after the final furnishing of the
  116  labor, services, or materials by the claimant or, with respect
  117  to rental equipment, later than 90 days after the date that the
  118  rental equipment was last on the job site of the improvement and
  119  available for use. Any notice of nonpayment served by a claimant
  120  who is not in privity with the contractor which includes sums
  121  for retainage must specify the portion of the amount claimed for
  122  retainage. An action for the labor, services, or materials may
  123  not be instituted against the contractor or the surety unless
  124  the notice to the contractor and notice of nonpayment have been
  125  served, if required by this section. Notices required or
  126  permitted under this section must be served in accordance with
  127  s. 713.18. A claimant may not waive in advance his or her right
  128  to bring an action under the bond against the surety. In any
  129  action brought to enforce a claim against a payment bond under
  130  this section, the prevailing party is entitled to recover a
  131  reasonable fee for the services of his or her attorney for trial
  132  and appeal or for arbitration, in an amount to be determined by
  133  the court or arbitrator, which fee must be taxed as part of the
  134  prevailing party’s costs, as allowed in equitable actions. The
  135  time periods for service of a notice of nonpayment or for
  136  bringing an action against a contractor or a surety are shall be
  137  measured from the last day of furnishing labor, services, or
  138  materials by the claimant and may not be measured by other
  139  standards, such as the issuance of a certificate of occupancy or
  140  the issuance of a certificate of substantial completion. The
  141  negligent inclusion or omission of any information in the notice
  142  of nonpayment that has not prejudiced the contractor or surety
  143  does not constitute a default that operates to defeat an
  144  otherwise valid bond claim. A claimant who serves a fraudulent
  145  notice of nonpayment forfeits his or her rights under the bond.
  146  A notice of nonpayment is fraudulent if the claimant has
  147  willfully exaggerated the amount unpaid, willfully included a
  148  claim for work not performed or materials not furnished for the
  149  subject improvement, or prepared the notice with such willful
  150  and gross negligence as to amount to a willful exaggeration.
  151  However, a minor mistake or error in a notice of nonpayment, or
  152  a good faith dispute as to the amount unpaid, does not
  153  constitute a willful exaggeration that operates to defeat an
  154  otherwise valid claim against the bond. The service of a
  155  fraudulent notice of nonpayment is a complete defense to the
  156  claimant’s claim against the bond. The notice of nonpayment
  157  under this subparagraph must include the following information,
  158  current as of the date of the notice, and must be in
  159  substantially the following form:
  160  
  161                        NOTICE OF NONPAYMENT                       
  162  
  163  To: ...(name of contractor and address)...
  164  
  165  ...(name of surety and address)...
  166  
  167  The undersigned claimant notifies you that:
  168         1. Claimant has furnished ...(describe labor, services, or
  169  materials)... for the improvement of the real property
  170  identified as ...(property description).... The corresponding
  171  amount unpaid to date is $...., of which $.... is unpaid
  172  retainage.
  173         2. Claimant has been paid to date the amount of $.... for
  174  previously furnishing ...(describe labor, services, or
  175  materials)... for this improvement.
  176         3. Claimant expects to furnish ...(describe labor,
  177  services, or materials)... for this improvement in the future
  178  (if known), and the corresponding amount expected to become due
  179  is $.... (if known).
  180  
  181  I declare that I have read the foregoing Notice of Nonpayment
  182  and that the facts stated in it are true to the best of my
  183  knowledge and belief.
  184  
  185  DATED on ............, .........
  186  
  187  ...(signature and address of claimant)...
  188  
  189  STATE OF FLORIDA
  190  COUNTY OF ........
  191  
  192  The foregoing instrument was sworn to (or affirmed) and
  193  subscribed before me by means of ☐ physical presence or sworn to
  194  (or affirmed) by ☐ online notarization this .... day of ....,
  195  ...(year)..., by ...(name of signatory)....
  196         ...(Signature of Notary Public - State of Florida)...
  197         ...(Print, Type, or Stamp Commissioned Name of Notary
  198  Public)...
  199  
  200  Personally Known ........ OR Produced Identification ........
  201  
  202  Type of Identification Produced.................................
  203  
  204         (7) In lieu of the bond required by this section, a
  205  contractor may file with the state, county, city, or other
  206  political authority an alternative form of security in the form
  207  of cash;, a money order;, a certified check;, a cashier’s
  208  check;, an irrevocable letter of credit, or a domestic corporate
  209  bond, note, or debenture as authorized in s. 625.317 security of
  210  a type listed in part II of chapter 625. Any such alternative
  211  form of security is shall be for the same purpose and be subject
  212  to the same conditions as those applicable to the bond required
  213  by this section. The determination of the value of an
  214  alternative form of security shall be made by the appropriate
  215  state, county, city, or other political subdivision.
  216         (12)Unless otherwise provided in this section, service of
  217  any document must be made in accordance with s. 713.18.
  218         Section 2. Paragraph (c) of subsection (1) of section
  219  337.18, Florida Statutes, is amended, and subsection (6) is
  220  added to that section, to read:
  221         337.18 Surety bonds for construction or maintenance
  222  contracts; requirement with respect to contract award; bond
  223  requirements; defaults; damage assessments.—
  224         (1)
  225         (c) A claimant, except a laborer, who is not in privity
  226  with the contractor shall, before commencing or not later than
  227  90 days after commencing to furnish labor, materials, or
  228  supplies for the prosecution of the work, furnish the contractor
  229  with a notice that he or she intends to look to the bond for
  230  protection. A claimant who is not in privity with the contractor
  231  and who has not received payment for his or her labor,
  232  materials, or supplies shall deliver to the contractor and to
  233  the surety written notice of the performance of the labor or
  234  delivery of the materials or supplies and of the nonpayment. The
  235  notice of nonpayment may be served at any time during the
  236  progress of the work or thereafter but not before 45 days after
  237  the first furnishing of labor, services, or materials, and not
  238  later than 90 days after the final furnishing of the labor,
  239  services, or materials by the claimant or, with respect to
  240  rental equipment, not later than 90 days after the date that the
  241  rental equipment was last on the job site of the improvement and
  242  available for use. An action by a claimant, except a laborer,
  243  who is not in privity with the contractor for the labor,
  244  materials, or supplies may not be instituted against the
  245  contractor or the surety unless both notices have been given.
  246  Written notices required or permitted under this section must
  247  may be served in accordance with any manner provided in s.
  248  713.18.
  249         (6)Unless otherwise provided in this section, service of
  250  any document must be made in accordance with s. 713.18.
  251         Section 3. Present subsections (13) through (29) of section
  252  713.01, Florida Statutes, are redesignated as subsections (14)
  253  through (30), respectively, a new subsection (13) is added to
  254  that section, and subsections (4), (8), and (12) of that section
  255  are amended, to read:
  256         713.01 Definitions.—As used in this part, the term:
  257         (4) “Clerk’s office” means the office of the clerk of the
  258  circuit court of the county, or another office serving as the
  259  county recorder as provided by law, in which the real property
  260  is located.
  261         (8) “Contractor” means a person other than a materialman or
  262  laborer who enters into a contract with the owner of real
  263  property for improving it, or who takes over from a contractor
  264  as so defined the entire remaining work under such contract. The
  265  term “contractor” includes an architect, landscape architect, or
  266  engineer who improves real property pursuant to a design-build
  267  contract authorized by s. 489.103(16). The term also includes a
  268  licensed general contractor or building contractor, as those
  269  terms are defined in s. 489.105(3)(a) and (b), respectively, who
  270  provides construction management services, which include
  271  scheduling and coordinating preconstruction and construction
  272  phases for the construction project, or who provides program
  273  management services, which include schedule control, cost
  274  control, and coordinating the provision or procurement of
  275  planning, design, and construction for the construction project.
  276         (12) “Final furnishing” means the last date that the lienor
  277  furnishes labor, services, or materials. Such date may not be
  278  measured by other standards, such as the issuance of a
  279  certificate of occupancy or the issuance of a certificate of
  280  final completion, and does not include the correction of
  281  deficiencies in the lienor’s previously performed work or
  282  materials supplied. With respect to rental equipment, the term
  283  means the date that the rental equipment was last on the job
  284  site of the improvement and available for use.
  285         (13)“Finance charge” means a contractually specified
  286  additional amount to be paid by the obligor on any balance that
  287  remains unpaid by the due date set forth in the credit agreement
  288  or other contract.
  289         Section 4. Section 713.011, Florida Statutes, is created to
  290  read:
  291         713.011Computation of time.—
  292         (1)In computing any time period under this part, if the
  293  last day of the time period is a Saturday, Sunday, or holiday
  294  specified in s. 110.117(1), or any day observed as a holiday by
  295  the clerk’s office or designated as a holiday by the chief judge
  296  of the circuit, the time period is extended to the end of the
  297  next business day.
  298         (2)If a clerk’s office is directed to close by a federal,
  299  state, or local governmental order in response to a state of
  300  emergency declared under chapter 252, the time periods for
  301  recording a document or filing an action with such clerk’s
  302  office under this part are tolled until the first business day
  303  after the clerk’s office reopens.
  304         Section 5. Paragraph (b) of subsection (2) of section
  305  713.10, Florida Statutes, is amended, and subsection (4) is
  306  added to that section, to read:
  307         713.10 Extent of liens.—
  308         (2)
  309         (b) The interest of the lessor is not subject to liens for
  310  improvements made by the lessee when:
  311         1. The lease, or a short form or a memorandum of the lease
  312  that contains the specific language in the lease prohibiting
  313  such liability, is recorded in the official records of the
  314  county where the premises are located before the recording of a
  315  notice of commencement for improvements to the premises and the
  316  terms of the lease expressly prohibit such liability; or
  317         2. The terms of the lease expressly prohibit such
  318  liability, and a notice advising that leases for the rental of
  319  premises on a parcel of land prohibit such liability has been
  320  recorded in the official records of the county in which the
  321  parcel of land is located before the recording of a notice of
  322  commencement for improvements to the premises, and the notice
  323  includes the following:
  324         a. The name of the lessor.
  325         b. The legal description of the parcel of land to which the
  326  notice applies.
  327         c. The specific language contained in the various leases
  328  prohibiting such liability.
  329         d. A statement that all or a majority of the leases entered
  330  into for premises on the parcel of land expressly prohibit such
  331  liability.
  332         3.The lessee is a mobile home owner who is leasing a
  333  mobile home lot in a mobile home park from the lessor.
  334  
  335  A notice that is consistent with subparagraph 2. effectively
  336  prohibits liens for improvements made by a lessee even if other
  337  leases for premises on the parcel do not expressly prohibit
  338  liens or if provisions of each lease restricting the application
  339  of liens are not identical.
  340         (4)The interest of the lessor is not subject to liens for
  341  improvements made by the lessee when the lessee is a mobile home
  342  owner who is leasing a mobile home lot in a mobile home park
  343  from the lessor.
  344         Section 6. Paragraphs (a) and (d) of subsection (1) of
  345  section 713.13, Florida Statutes, are amended to read:
  346         713.13 Notice of commencement.—
  347         (1)(a) Except for an improvement that is exempt under
  348  pursuant to s. 713.02(5), an owner or the owner’s authorized
  349  agent before actually commencing to improve any real property,
  350  or recommencing completion of any improvement after default or
  351  abandonment, whether or not a project has a payment bond
  352  complying with s. 713.23, shall record a notice of commencement
  353  in the clerk’s office and forthwith post either a certified copy
  354  thereof or a notarized statement that the notice of commencement
  355  has been filed for recording along with a copy thereof. The
  356  notice of commencement must shall contain all of the following
  357  information:
  358         1. A description sufficient for identification of the real
  359  property to be improved. The description must should include the
  360  legal description of the property and also should include the
  361  street address and tax folio number of the property if available
  362  or, if the there is no street address is not available, such
  363  additional information as will describe the physical location of
  364  the real property to be improved.
  365         2. A general description of the improvement.
  366         3. The name and address of the owner, the owner’s interest
  367  in the site of the improvement, and the name and address of the
  368  fee simple titleholder, if other than such owner. A lessee who
  369  contracts for the improvements is an owner as defined in s.
  370  713.01 under s. 713.01(23) and must be listed as the owner
  371  together with a statement that the ownership interest is a
  372  leasehold interest.
  373         4. The name and address of the contractor.
  374         5. The name and address of the surety on the payment bond
  375  under s. 713.23, if any, and the amount of such bond.
  376         6. The name and address of any person making a loan for the
  377  construction of the improvements.
  378         7. The name and address within the state of a person other
  379  than himself or herself who may be designated by the owner as
  380  the person upon whom notices or other documents may be served
  381  under this part; and service upon the person so designated
  382  constitutes service upon the owner.
  383         (d) A notice of commencement must be in substantially the
  384  following form:
  385  
  386  Permit No.....                                 Tax Folio No.....
  387                       NOTICE OF COMMENCEMENT                      
  388  State of....
  389  County of....
  390  
  391  The undersigned hereby gives notice that improvement will be
  392  made to certain real property, and in accordance with Chapter
  393  713, Florida Statutes, the following information is provided in
  394  this Notice of Commencement.
  395         1. Description of property: ...(legal description of the
  396  property, and street address if available)....
  397         2. General description of improvement:.....
  398         3. Owner information or Lessee information if the Lessee
  399  contracted for the improvement:
  400         a. Name and address:.....
  401         b. Interest in property:.....
  402         c. Name and address of fee simple titleholder (if different
  403  from Owner listed above):.....
  404         4.a. Contractor: ...(name and address)....
  405         b. Contractor’s phone number:.....
  406         5. Surety (if applicable, a copy of the payment bond is
  407  attached):
  408         a. Name and address:.....
  409         b. Phone number:.....
  410         c. Amount of bond: $.....
  411         6.a. Lender: ...(name and address)....
  412         b. Lender’s phone number:.....
  413         7. Persons within the State of Florida designated by Owner
  414  upon whom notices or other documents may be served as provided
  415  by Section 713.13(1)(a)7., Florida Statutes:
  416         a. Name and address:.....
  417         b. Phone numbers of designated persons:.....
  418         8.a. In addition to himself or herself, Owner designates
  419  ............ of ............ to receive a copy of the Lienor’s
  420  Notice as provided in Section 713.13(1)(b), Florida Statutes.
  421         b. Phone number of person or entity designated by
  422  owner:.....
  423         9. Expiration date of notice of commencement (the
  424  expiration date will be 1 year after from the date of recording
  425  unless a different date is specified).....
  426  
  427  WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE
  428  EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER
  429  PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA
  430  STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
  431  TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
  432  POSTED ON THE JOB SITE OF THE IMPROVEMENT BEFORE THE FIRST
  433  INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
  434  LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR
  435  NOTICE OF COMMENCEMENT.
  436  
  437  ...(Signature of Owner or Lessee, or Owner’s or Lessee’s
  438  Authorized Officer/Director/Partner/Manager)...
  439  
  440  ...(Signatory’s Title/Office)...
  441  
  442  The foregoing instrument was acknowledged before me by means of
  443  ☐ physical presence or sworn to (or affirmed) by ☐ online
  444  notarization this .... day of ...., ...(year)..., by ...(name of
  445  person)... as ...(type of authority, . . . e.g. officer,
  446  trustee, attorney in fact)... for ...(name of party on behalf of
  447  whom instrument was executed)....
  448  
  449  ...(Signature of Notary Public - State of Florida)...
  450  
  451  ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
  452  
  453         Personally Known .... OR Produced Identification ....
  454  
  455         Type of Identification Produced............
  456         Section 7. Present subsection (4) of section 713.132,
  457  Florida Statutes, is redesignated as subsection (5) and amended,
  458  a new subsection (4) is added to that section, and subsections
  459  (1) and (3) of that section are amended, to read:
  460         713.132 Notice of termination.—
  461         (1) An owner may terminate the period of effectiveness of a
  462  notice of commencement by executing, swearing to, and recording
  463  a notice of termination that contains all of the following:
  464         (a) The same information that is in as the notice of
  465  commencement.;
  466         (b) The official records’ recording office document book
  467  and page reference numbers and recording date affixed by the
  468  recording office on of the recorded notice of commencement.;
  469         (c) A statement of the date as of which the notice of
  470  commencement is terminated, which date may not be earlier than
  471  30 days after the notice of termination is recorded.;
  472         (d) A statement specifying that the notice applies to all
  473  the real property subject to the notice of commencement or
  474  specifying the portion of such real property to which it
  475  applies.;
  476         (e) A statement that all lienors have been paid in full.;
  477  and
  478         (f) A statement that the owner has, before recording the
  479  notice of termination, served a copy of the notice of
  480  termination on the contractor and on each lienor who has a
  481  direct contract with the owner or who has timely served a notice
  482  to owner, and a statement that the owner will serve a copy of
  483  the notice of termination on each lienor who timely serves a
  484  notice to owner after the notice of termination has been
  485  recorded. The owner is not required to serve a copy of the
  486  notice of termination on any lienor who has executed a waiver
  487  and release of lien upon final payment in accordance with s.
  488  713.20.
  489         (3) An owner may not record a notice of termination at any
  490  time after except after completion of construction, or after
  491  construction ceases before completion and all lienors have been
  492  paid in full or pro rata in accordance with s. 713.06(4).
  493         (4) If an owner or a contractor, by fraud or collusion,
  494  knowingly makes any fraudulent statement or affidavit in a
  495  notice of termination or any accompanying affidavit, the owner
  496  and the contractor, or either of them, as the case may be, is
  497  liable to any lienor who suffers damages as a result of the
  498  filing of the fraudulent notice of termination,; and any such
  499  lienor has a right of action for damages occasioned thereby.
  500         (5)(4) A notice of termination must be served on each
  501  lienor who has a direct contract with the owner and on each
  502  lienor who has timely and properly served a notice to owner in
  503  accordance with this part before the recording of the notice of
  504  termination. A notice of termination must be recorded in the
  505  official records of the county in which the improvement is
  506  located. If properly served before recording in accordance with
  507  this subsection, the notice of termination terminates the period
  508  of effectiveness of the notice of commencement 30 days after the
  509  notice of termination is recorded in the official records is
  510  effective to terminate the notice of commencement at the later
  511  of 30 days after recording of the notice of termination or a
  512  later the date stated in the notice of termination as the date
  513  on which the notice of commencement is terminated. However, if a
  514  lienor who began work under the notice of commencement before
  515  its termination lacks a direct contract with the owner and
  516  timely serves his or her notice to the owner after the notice of
  517  termination has been recorded, the owner must serve a copy of
  518  the notice of termination upon such lienor, and the termination
  519  of the notice of commencement as to that lienor is effective 30
  520  days after service of the notice of termination, if the notice
  521  of termination has been served pursuant to paragraph (1)(f) on
  522  the contractor and on each lienor who has a direct contract with
  523  the owner or who has served a notice to owner.
  524         Section 8. Subsections (1) and (3) of section 713.135,
  525  Florida Statutes, are amended to read:
  526         713.135 Notice of commencement and applicability of lien.—
  527         (1) When a any person applies for a building permit, the
  528  authority issuing such permit shall:
  529         (a) Print on the face of each permit card in no less than
  530  14-point, capitalized, boldfaced type: “WARNING TO OWNER: YOUR
  531  FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
  532  PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF
  533  COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE OF THE
  534  IMPROVEMENT BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN
  535  FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE
  536  RECORDING YOUR NOTICE OF COMMENCEMENT.”
  537         (b) Provide the applicant and the owner of the real
  538  property upon which improvements are to be constructed with a
  539  printed statement stating that the right, title, and interest of
  540  the person who has contracted for the improvement may be subject
  541  to attachment under the Construction Lien Law. The Department of
  542  Business and Professional Regulation shall furnish, for
  543  distribution, the statement described in this paragraph, and the
  544  statement must be a summary of the Construction Lien Law and
  545  must include an explanation of the provisions of the
  546  Construction Lien Law relating to the recording, and the posting
  547  of copies, of notices of commencement and a statement
  548  encouraging the owner to record a notice of commencement and
  549  post a copy of the notice of commencement in accordance with s.
  550  713.13. The statement must also contain an explanation of the
  551  owner’s rights if a lienor fails to furnish the owner with a
  552  notice as provided in s. 713.06(2) and an explanation of the
  553  owner’s rights as provided in s. 713.22. The authority that
  554  issues the building permit must obtain from the Department of
  555  Business and Professional Regulation the statement required by
  556  this paragraph and must mail, deliver by electronic mail or
  557  other electronic format or facsimile, or personally deliver that
  558  statement to the owner or, in a case in which the owner is
  559  required to personally appear to obtain the permit, provide that
  560  statement to any owner making improvements to real property
  561  consisting of a single or multiple family dwelling up to and
  562  including four units. However, the failure by the authorities to
  563  provide the summary does not subject the issuing authority to
  564  liability.
  565         (c) In addition to providing the owner with the statement
  566  as required by paragraph (b), inform each applicant who is not
  567  the person whose right, title, and interest is subject to
  568  attachment that, as a condition to the issuance of a building
  569  permit, the applicant must promise in good faith that the
  570  statement will be delivered to the person whose property is
  571  subject to attachment.
  572         (d) Furnish to the applicant two or more copies of a form
  573  of notice of commencement conforming with s. 713.13.
  574         (e)Require If the direct contract is greater than $2,500,
  575  the applicant to shall file with the issuing authority before
  576  prior to the first inspection either a certified copy of the
  577  recorded notice of commencement if the direct contract is
  578  greater than $7,500. For purposes of this paragraph, the term
  579  “copy of the notice of commencement” means a certified copy of
  580  the recorded notice of commencement, or a notarized statement
  581  that the notice of commencement has been filed for recording,
  582  along with a copy thereof, or the clerk’s office’s official
  583  records identifying information that includes the instrument
  584  number for the notice of commencement or the number and page of
  585  book where the notice of commencement is recorded, as identified
  586  by the clerk.
  587         1. In the absence of the filing of a certified copy of the
  588  recorded notice of commencement, the issuing authority or a
  589  private provider performing inspection services may not perform
  590  or approve subsequent inspections until the applicant files by
  591  mail, facsimile, hand delivery, or any other means such
  592  certified copy with the issuing authority.
  593         2. The certified copy of the notice of commencement must
  594  contain the name and address of the owner, the name and address
  595  of the contractor, and the location or address of the property
  596  being improved. The issuing authority shall verify that the name
  597  and address of the owner, the name of the contractor, and the
  598  location or address of the property being improved which is
  599  contained in the certified copy of the notice of commencement is
  600  consistent with the information in the building permit
  601  application.
  602         3. The issuing authority shall provide the recording
  603  information on the certified copy of the recorded notice of
  604  commencement to any person upon request.
  605         4. This paragraph subsection does not require the recording
  606  of a notice of commencement before prior to the issuance of a
  607  building permit. If a local government requires a separate
  608  permit or inspection for installation of temporary electrical
  609  service or other temporary utility service, land clearing, or
  610  other preliminary site work, such permits may be issued and such
  611  inspections may be conducted without providing the issuing
  612  authority with a certified copy of the a recorded notice of
  613  commencement or a notarized statement regarding a recorded
  614  notice of commencement. This subsection does not apply to a
  615  direct contract to repair or replace an existing heating or air
  616  conditioning system in an amount less than $15,000.
  617         (f)(e) Not require that a notice of commencement be
  618  recorded as a condition of the application for, or processing or
  619  issuance of, a building permit. However, this paragraph does not
  620  modify or waive the inspection requirements set forth in this
  621  subsection.
  622  
  623  This subsection does not apply to a direct contract to repair or
  624  replace an existing heating or air-conditioning system in an
  625  amount less than $15,000.
  626         (3) An issuing authority under subsection (1) is not liable
  627  in any civil action for the failure to verify that a certified
  628  copy of the recorded notice of commencement, a notarized
  629  statement that the notice of commencement has been filed for
  630  recording along with a copy thereof, or the clerk’s office’s
  631  official records identifying information that includes the
  632  instrument number for the notice of commencement or the number
  633  and page of book where the notice of commencement is recorded,
  634  as identified by the clerk, has been filed in accordance with
  635  this section.
  636         Section 9. Section 713.18, Florida Statutes, is amended to
  637  read:
  638         713.18 Manner of serving documents notices and other
  639  instruments.—
  640         (1) Unless otherwise specifically provided by law, service
  641  of any document notices, claims of lien, affidavits,
  642  assignments, and other instruments permitted or required under
  643  this part, s. 255.05, or s. 337.18, or copies thereof when so
  644  permitted or required, unless otherwise specifically provided in
  645  this part, must be made by one of the following methods:
  646         (a) By hand actual delivery to the person to be served; if
  647  a partnership, to one of the partners; if a corporation, to an
  648  officer or a, director, managing agent, or business agent; or,
  649  if a limited liability company, to a member or manager; or to an
  650  employee or agent authorized by the partnership, corporation, or
  651  limited liability company to receive service of such document.
  652         (b) By common carrier delivery service or by registered,
  653  Global Express Guaranteed, or certified mail to the person to be
  654  served, with postage or shipping paid by the sender and with
  655  evidence of delivery, which may be in an electronic format.
  656         (c) By posting on the site of the improvement if service as
  657  provided by paragraph (a) or paragraph (b) cannot be
  658  accomplished.
  659         (2) Notwithstanding subsection (1), service of a notice to
  660  owner or a preliminary notice to contractor under this part, s.
  661  255.05, or s. 337.18, or s. 713.23 is effective as of the date
  662  of mailing and the requirements for service under this section
  663  have been satisfied if all of the following requirements have
  664  been met:
  665         (a) The notice is mailed by registered, Global Express
  666  Guaranteed, or certified mail, with postage prepaid, to the
  667  person to be served and addressed as prescribed at any of the
  668  addresses set forth in subsection (3).;
  669         (b) The notice is mailed within 40 days after the date the
  670  lienor first furnishes labor, services, or materials.; and
  671         (c)1. The person who served the notice maintains a
  672  registered or certified mail log that shows the registered or
  673  certified mail number issued by the United States Postal
  674  Service, the name and address of the person served, and the date
  675  stamp of the United States Postal Service confirming the date of
  676  mailing; or
  677         2. The person who served the notice maintains electronic
  678  tracking records approved or generated by the United States
  679  Postal Service containing the postal tracking number, the name
  680  and address of the person served, and verification of the date
  681  of receipt by the United States Postal Service.
  682         (3)(a) Notwithstanding subsection (1), service of a
  683  document under an instrument pursuant to this section is
  684  effective on the date of mailing or shipping, and the
  685  requirements for service under this section have been satisfied,
  686  the instrument if the document is it:
  687         1. Is Sent to the last address shown in the notice of
  688  commencement or any amendment thereto or, in the absence of a
  689  notice of commencement, to the last address shown in the
  690  building permit application, or to the last known address of the
  691  person to be served; and
  692         2. Is Returned as being “refused,” “moved, not
  693  forwardable,” or “unclaimed,” or is otherwise not delivered or
  694  deliverable through no fault of the person serving the document
  695  item.
  696         (b) If the address shown in the notice of commencement or
  697  any amendment thereto to the notice of commencement, or, in the
  698  absence of a notice of commencement, in the building permit
  699  application, is incomplete for purposes of mailing or delivery,
  700  the person serving the document item may complete the address
  701  and properly format it according to United States Postal Service
  702  addressing standards using information obtained from the
  703  property appraiser or another public record without affecting
  704  the validity of service under this section.
  705         (4) A document notice served by a lienor on one owner or
  706  one partner of a partnership owning the real property is deemed
  707  served on notice to all owners and partners.
  708         Section 10. Section 713.21, Florida Statutes, is amended to
  709  read:
  710         713.21 Discharge of lien.—A lien properly perfected under
  711  this chapter may be discharged, or released in whole or in part,
  712  by any of the following methods:
  713         (1) By entering satisfaction of the lien upon the margin of
  714  the record thereof in the clerk’s office when not otherwise
  715  prohibited by law. This satisfaction must shall be signed by the
  716  lienor or, the lienor’s agent or attorney and attested by the
  717  said clerk. Any person who executes a claim of lien has shall
  718  have authority to execute a satisfaction in the absence of
  719  actual notice of lack of authority to any person relying on the
  720  same.
  721         (2) By the satisfaction or release of the lienor, duly
  722  acknowledged and recorded in the clerk’s office. The
  723  satisfaction or release must include the lienor’s notarized
  724  signature and set forth the official records’ reference number
  725  and recording date affixed by the recording office on the
  726  subject lien. Any person who executes a claim of lien has shall
  727  have authority to execute a satisfaction or release in the
  728  absence of actual notice of lack of authority to any person
  729  relying on the same.
  730         (3) By failure to begin an action to enforce the lien
  731  within the time prescribed in this part.
  732         (4) By an order of the circuit court of the county where
  733  the property is located, as provided in this subsection. Upon
  734  filing a complaint therefor by any interested party, the clerk
  735  shall issue a summons to the lienor to show cause within 20 days
  736  why his or her lien should not be enforced by action or vacated
  737  and canceled of record. Upon failure of the lienor to show cause
  738  why his or her lien should not be enforced or the lienor’s
  739  failure to commence such action before the return date of the
  740  summons, the court shall forthwith order cancellation of the
  741  lien.
  742         (5) By recording in the clerk’s office the original or a
  743  certified copy of a judgment or decree of a court of competent
  744  jurisdiction showing a final determination of the action.
  745         Section 11. Subsection (2) of section 713.22, Florida
  746  Statutes, is amended to read:
  747         713.22 Duration of lien.—
  748         (2) An owner or the owner’s attorney may elect to shorten
  749  the time prescribed in subsection (1) within which to commence
  750  an action to enforce any claim of lien or claim against a bond
  751  or other security under s. 713.23 or s. 713.24 by recording in
  752  the clerk’s office a notice in substantially the following form:
  753  
  754                      NOTICE OF CONTEST OF LIEN                    
  755  
  756  To: ...(Name and address of lienor)...
  757  
  758  You are notified that the undersigned contests the claim of lien
  759  filed by you on ...., ...(year)..., and recorded in .... Book
  760  ...., Page ...., of the public records of .... County, Florida,
  761  and that the time within which you may file suit to enforce your
  762  lien is limited to 60 days from the date of service of this
  763  notice. This .... day of ...., ...(year)....
  764  
  765  Signed: ...(Owner or Attorney)...
  766  
  767  The lien of any lienor upon whom such notice is served and who
  768  fails to institute a suit to enforce his or her lien within 60
  769  days after service of such notice is shall be extinguished
  770  automatically. The clerk shall serve, in accordance with s.
  771  713.18, a copy of the notice of contest on to the lienor lien
  772  claimant at the address shown in the claim of lien or most
  773  recent amendment thereto and shall certify to such service and
  774  the date of service on the face of the notice and record the
  775  notice. After the clerk records the notice with the certificate
  776  of service, the clerk shall serve, in accordance with s. 713.18,
  777  a copy of such recorded notice on the lienor and the owner or
  778  the owner’s attorney.
  779         Section 12. Paragraphs (d) and (e) of subsection (1) of
  780  section 713.23, Florida Statutes, are amended to read:
  781         713.23 Payment bond.—
  782         (1)
  783         (d) In addition, a lienor who has not received payment for
  784  furnishing his or her labor, services, or materials must, as a
  785  condition precedent to recovery under the bond, serve a written
  786  notice of nonpayment on to the contractor and a copy of the
  787  notice of nonpayment on the surety. The notice of nonpayment
  788  must be under oath and served during the progress of the work or
  789  thereafter, but may not be served later than 90 days after the
  790  final furnishing of labor, services, or materials by the lienor,
  791  or, with respect to rental equipment, later than 90 days after
  792  the date the rental equipment was on the job site of the
  793  improvement and available for use. A notice of nonpayment that
  794  includes sums for retainage must specify the portion of the
  795  amount claimed for retainage. The required notice satisfies this
  796  condition precedent with respect to the payment described in the
  797  notice of nonpayment, including unpaid finance charges due under
  798  the lienor’s contract, and with respect to any other payments
  799  which become due to the lienor after the date of the notice of
  800  nonpayment. The time period for serving a notice of nonpayment
  801  is shall be measured from the last day of furnishing labor,
  802  services, or materials by the lienor and may not be measured by
  803  other standards, such as the issuance of a certificate of
  804  occupancy or the issuance of a certificate of substantial
  805  completion. The failure of a lienor to receive retainage sums
  806  not in excess of 10 percent of the value of labor, services, or
  807  materials furnished by the lienor is not considered a nonpayment
  808  requiring the service of the notice provided under this
  809  paragraph. If the payment bond is not recorded before
  810  commencement of construction, the time period for the lienor to
  811  serve a notice of nonpayment may, at the option of the lienor,
  812  be calculated from the date specified in this section or the
  813  date the lienor is served a copy of the bond. However, the
  814  limitation period for commencement of an action on the payment
  815  bond as established in paragraph (e) may not be expanded. The
  816  negligent inclusion or omission of any information in the notice
  817  of nonpayment that has not prejudiced the contractor or surety
  818  does not constitute a default that operates to defeat an
  819  otherwise valid bond claim. A lienor who serves a fraudulent
  820  notice of nonpayment forfeits his or her rights under the bond.
  821  A notice of nonpayment is fraudulent if the lienor has willfully
  822  exaggerated the amount unpaid, willfully included a claim for
  823  work not performed or materials not furnished for the subject
  824  improvement, or prepared the notice with such willful and gross
  825  negligence as to amount to a willful exaggeration. However, a
  826  minor mistake or error in a notice of nonpayment, or a good
  827  faith dispute as to the amount unpaid, does not constitute a
  828  willful exaggeration that operates to defeat an otherwise valid
  829  claim against the bond. The service of a fraudulent notice of
  830  nonpayment is a complete defense to the lienor’s claim against
  831  the bond. The notice under this paragraph must include the
  832  following information, current as of the date of the notice, and
  833  must be in substantially the following form:
  834  
  835                        NOTICE OF NONPAYMENT                       
  836  
  837  To ...(name of contractor and address)...
  838  
  839  ...(name of surety and address)...
  840  
  841  The undersigned lienor notifies you that:
  842         1. The lienor has furnished ...(describe labor, services,
  843  or materials)... for the improvement of the real property
  844  identified as ...(property description).... The corresponding
  845  amount unpaid to date is $...., of which $.... is unpaid
  846  retainage.
  847         2. The lienor has been paid to date the amount of $.... for
  848  previously furnishing ...(describe labor, services, or
  849  materials)... for this improvement.
  850         3. The lienor expects to furnish ...(describe labor,
  851  services, or materials)... for this improvement in the future
  852  (if known), and the corresponding amount expected to become due
  853  is $.... (if known).
  854  
  855  I declare that I have read the foregoing Notice of Nonpayment
  856  and that the facts stated in it are true to the best of my
  857  knowledge and belief.
  858  
  859  DATED on ............, .........
  860  
  861  ...(signature and address of lienor)...
  862  
  863  STATE OF FLORIDA
  864  COUNTY OF........
  865  
  866  The foregoing instrument was sworn to (or affirmed) and
  867  subscribed before me by means of ☐ physical presence or sworn to
  868  (or affirmed) by ☐ online notarization this .... day of ....,
  869  ...(year)..., by ...(name of signatory)....
  870         ...(Signature of Notary Public - State of Florida)...
  871         ...(Print, Type, or Stamp Commissioned Name of Notary
  872  Public)...
  873  
  874  Personally Known ........ OR Produced Identification ........
  875  
  876  Type of Identification Produced.................................
  877         (e) An action for the labor, or materials, or supplies may
  878  not be instituted or prosecuted against the contractor or surety
  879  unless both notices have been given, if required by this
  880  section. An action may not be instituted or prosecuted against
  881  the contractor or against the surety on the bond under this
  882  section after 1 year from the performance of the labor or
  883  completion of delivery of the materials and supplies. The time
  884  period for bringing an action against the contractor or surety
  885  on the bond is shall be measured from the last day of furnishing
  886  labor, services, or materials by the lienor. The time period may
  887  not be measured by other standards, such as the issuance of a
  888  certificate of occupancy or the issuance of a certificate of
  889  substantial completion. A contractor or the contractor’s
  890  attorney may elect to shorten the time within which an action to
  891  enforce any claim against a payment bond provided under this
  892  section or s. 713.245 must be commenced at any time after a
  893  notice of nonpayment, if required, has been served for the claim
  894  by recording in the clerk’s office a notice in substantially the
  895  following form:
  896                     NOTICE OF CONTEST OF CLAIM                    
  897                        AGAINST PAYMENT BOND                       
  898  To: ...(Name and address of lienor)...
  899         You are notified that the undersigned contests your notice
  900  of nonpayment, dated ...., ...., and served on the undersigned
  901  on ...., ...., and that the time within which you may file suit
  902  to enforce your claim is limited to 60 days after from the date
  903  of service of this notice.
  904  DATED on ...., .....
  905  Signed: ...(Contractor or Attorney)...
  906  
  907  The claim of any lienor upon whom the notice is served and who
  908  fails to institute a suit to enforce his or her claim against
  909  the payment bond within 60 days after service of the notice is
  910  shall be extinguished automatically. The contractor or the
  911  contractor’s attorney shall serve, in accordance with s. 713.18,
  912  a copy of the notice of contest to the lienor at the address
  913  shown in the notice of nonpayment or most recent amendment
  914  thereto and shall certify to such service on the face of the
  915  notice and record the notice. After the clerk records the notice
  916  with the certificate of service, the clerk shall serve, in
  917  accordance with s. 713.18, a copy of such recorded notice on the
  918  lienor and the contractor or the contractor’s attorney.
  919         Section 13. Subsections (1) and (3) of section 713.24,
  920  Florida Statutes, are amended to read:
  921         713.24 Transfer of liens to security.—
  922         (1) Any lien claimed under this part may be transferred, by
  923  any person having an interest in the real property upon which
  924  the lien is imposed or the contract under which the lien is
  925  claimed, from such real property to other security by either:
  926         (a) Depositing in the clerk’s office a sum of money;, or
  927         (b) Filing in the clerk’s office a bond executed as surety
  928  by a surety insurer licensed to do business in this state,
  929  
  930  either to be in an amount equal to the amount demanded in such
  931  claim of lien, plus interest thereon at the legal rate for 3
  932  years, plus $5,000 $1,000 or 25 percent of the amount demanded
  933  in the claim of lien, whichever is greater, to apply on any
  934  attorney attorney’s fees and court costs that may be taxed in
  935  any proceeding to enforce the said lien. Such deposit or bond
  936  must shall be conditioned to pay any judgment or decree which
  937  may be rendered for the satisfaction of the lien for which such
  938  claim of lien was recorded. Upon making such deposit or filing
  939  such bond, the clerk shall make and record a certificate, which
  940  must include a copy of the deposit or bond used to transfer,
  941  showing the transfer of the lien from the real property to the
  942  security and shall mail a copy thereof together with a copy of
  943  the deposit or bond used to transfer by registered or certified
  944  mail to the lienor named in the claim of lien so transferred, at
  945  the address stated therein. Upon filing the certificate of
  946  transfer, the real property is shall thereupon be released from
  947  the lien claimed, and such lien is shall be transferred to the
  948  said security. In the absence of allegations of privity between
  949  the lienor and the owner, and subject to any order of the court
  950  increasing the amount required for the lien transfer deposit or
  951  bond, no other judgment or decree to pay money may be entered by
  952  the court against the owner. The clerk is shall be entitled to a
  953  service charge for making and serving the certificate, in the
  954  amount of up to $20, from which the clerk shall remit $5 to the
  955  Department of Revenue for deposit into the General Revenue Fund.
  956  If the transaction involves the transfer of multiple liens, the
  957  clerk must charge an additional service charge of up to $10 for
  958  each additional lien shall be charged, from which the clerk
  959  shall remit $2.50 to the Department of Revenue for deposit into
  960  the General Revenue Fund. For recording the certificate and
  961  approving the bond, the clerk shall receive her or his usual
  962  statutory service charges as prescribed in s. 28.24. Any number
  963  of liens may be transferred to one such security.
  964         (3) Any party having an interest in such security or the
  965  property from which the lien was transferred may at any time,
  966  and any number of times, file a complaint in chancery in the
  967  circuit court of the county where such security is deposited, or
  968  file a motion in a pending action to enforce a lien, for an
  969  order to require additional security, reduction of security,
  970  change or substitution of sureties, payment of discharge
  971  thereof, or any other matter affecting the said security. If the
  972  court finds that the amount of the deposit or bond in excess of
  973  the amount claimed in the claim of lien is insufficient to pay
  974  the lienor’s attorney attorney’s fees and court costs incurred
  975  in the action to enforce the lien, the court must increase the
  976  amount of the cash deposit or lien transfer bond. Nothing in
  977  This section may not shall be construed to vest exclusive
  978  jurisdiction in the circuit courts over transfer bond claims for
  979  nonpayment of an amount within the monetary jurisdiction of the
  980  county courts.
  981         Section 14. Section 713.25, Florida Statutes, is repealed.
  982         Section 15. Section 713.29, Florida Statutes, is amended to
  983  read:
  984         713.29 Attorney Attorney’s fees.—In any action brought to
  985  enforce a lien, including a lien that has been transferred to
  986  security, or to enforce a claim against a bond under this part,
  987  the prevailing party is entitled to recover a reasonable fee for
  988  the services of her or his attorney for trial and appeal or for
  989  arbitration, in an amount to be determined by the court, which
  990  fee must be taxed as part of the prevailing party’s costs, as
  991  allowed in equitable actions.
  992         Section 16. This act shall take effect October 1, 2023.