Florida 2023 Regular Session

Florida House Bill H0797 Latest Draft

Bill / Comm Sub Version Filed 03/28/2023

                               
 
CS/HB 797  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0797-01-c1 
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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 
 
 
 
A bill to be entitled 1 
An act relating to notice of commencement 2 
requirements; amending s. 713.13, F.S.; requiring the 3 
Department of Business and Professional Regulation to 4 
furnish for distribution a uniform notice of 5 
commencement in a specified form; requiring certain 6 
persons to use such uniform notice of commencement; 7 
providing an effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Paragraph (d) of subsection (1) of section 12 
713.13, Florida Statutes, is amended to read: 13 
 713.13  Notice of commencement. — 14 
 (1) 15 
 (d)  The Department of Business and Professional Regulation 16 
shall furnish for distribution a uniform a notice of 17 
commencement must be in substantially the following form, and an 18 
owner or an owner's authorized agent must use such uniform 19 
notice of commencement for the purposes of this subsection : 20 
Permit No..... 	Tax Folio No..... 21 
NOTICE OF COMMENCEMENT 22 
State of.... 23 
County of.... 24 
The undersigned hereby gives notice that improvement will be 25     
 
CS/HB 797  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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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 
 
 
 
made to certain real property, and in accordance with Chapter 26 
713, Florida Statutes, the following information is provided in 27 
this Notice of Commencement. 28 
 1.  Description of property: ...(legal description o f the 29 
property, and street address if available).... 30 
 2.  General description of improvement:..... 31 
 3.  Owner information or Lessee information if the Lessee 32 
contracted for the improvement: 33 
 a.  Name and address:..... 34 
 b.  Interest in property:..... 35 
 c.  Name and address of fee simple titleholder (if 36 
different from Owner listed above):..... 37 
 4.a.  Contractor: ...(name and address).... 38 
 b.  Contractor's phone number:..... 39 
 5.  Surety (if applicable, a copy of the payment bond is 40 
attached): 41 
 a.  Name and address:..... 42 
 b.  Phone number:..... 43 
 c.  Amount of bond: $..... 44 
 6.a.  Lender: ...(name and address).... 45 
 b.  Lender's phone number:..... 46 
 7.  Persons within the State of Florida designated by Owner 47 
upon whom notices or other documents may be served as prov ided 48 
by Section 713.13(1)(a)7., Florida Statutes: 49 
 a.  Name and address:..... 50     
 
CS/HB 797  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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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 
 
 
 
 b.  Phone numbers of designated persons:..... 51 
 8.a.  In addition to himself or herself, Owner designates 52 
............ of ............ to receive a copy of the Lienor's 53 
Notice as provided in Section 713.13(1)(b), Florida Statutes. 54 
 b.  Phone number of person or entity designated by 55 
owner:..... 56 
 9.  Expiration date of notice of commencement (the 57 
expiration date will be 1 year from the date of recording unless 58 
a different date is sp ecified)..... 59 
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE 60 
EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER 61 
PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA 62 
STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEM ENTS 63 
TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND 64 
POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU 65 
INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN 66 
ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF 67 
COMMENCEMENT. 68 
...(Signature of Owner or Lessee, or Owner's or Lessee's 69 
Authorized Officer/Director/Partner/Manager)... 70 
...(Signatory's Title/Office)... 71 
The foregoing instrument was acknowledged before me this .... 72 
day of ...., ...(year)..., by ...(name of person).. . as ...(type 73 
of authority,  .  .  .  e.g. officer, trustee, attorney in 74 
fact)... for ...(name of party on behalf of whom instrument was 75     
 
CS/HB 797  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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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 
 
 
 
executed).... 76 
...(Signature of Notary Public - State of Florida)... 77 
...(Print, Type, or Stamp Commissioned Name of Nota ry Public)... 78 
 Personally Known .... OR Produced Identification .... 79 
 Type of Identification Produced............ 80 
 Section 2.  This act shall take effect July 1, 2023. 81