F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 263 2022
1 A bill to be entitled
2 An act relating to notice of commencement
3 requirements; amending s. 713.135, F.S.; requiring an
4 applicant to file certain information with the issuing
5 authority if the direct contract is greater than a
6 specified amount; exempting specified direct contracts
7 from certain notice of commencement requirements;
8 making technical changes; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (d) of subsection (1) of section
13 713.135, Florida Statutes, is amended to read:
14 713.135 Notice of commencement and applicability of lien. —
15 (1) When any person applies for a building permit, the
16 authority issuing such permit shall:
17 (d) Furnish to the applicant two or more copies of a form
18 of notice of commencement conforming with s. 713.13. If the
19 direct contract is greater than $5,000 $2,500, the applicant
20 must shall file with the issuing authority before prior to the
21 first inspection either a certified copy of the recorded notice
22 of commencement or a notarized statement that the notice of
23 commencement has been filed for recording, along with a copy
24 thereof. In the absence of the filing of a certified copy of the
25 recorded notice of commencement, the issuing authority or a
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CS/CS/HB 263 2022
26 private provider performing inspection services may not perform
27 or approve subsequent inspections until the applicant files by
28 mail, facsimile, hand delivery, or any other means such
29 certified copy with the issuing authority. The certified copy of
30 the notice of commencement must contain the name and address of
31 the owner, the name and address of the contractor, and the
32 location or address of the property being improved. The issuing
33 authority shall verify that the name and address of the owner,
34 the name and address of the contractor, and the location or
35 address of the property being improved which is contained in the
36 certified copy of the notice of commencement is consistent with
37 the information in the building permit application. The issuing
38 authority shall provide the recording information on the
39 certified copy of the recorded notice of commencement to any
40 person upon request. This subsection does not require the
41 recording of a notice of commencement before prior to the
42 issuance of a building permit. If a local government requires a
43 separate permit or inspection for installation of temporary
44 electrical service or other temporary utility service, land
45 clearing, or other preliminary site work, such permits m ay be
46 issued and such inspections may be conducted without providing
47 the issuing authority with a certified copy of a recorded notice
48 of commencement or a notarized statement regarding a recorded
49 notice of commencement. This subsection does not apply to a
50 direct contract to repair or replace an existing heating or air -
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51 conditioning system in an amount less than $12,500 $7,500.
52 Section 2. This act shall take effect July 1, 2022.
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Statutes affected:
H 263 Filed: 713.135
H 263 c1: 713.135
H 263 c2: 713.135