References : F.S. 95.11 Limitations other than for the recovery of real property. F.S. 553.84 Title XXXIII Regulation of Trade, Commerce, Investments and Solicitations; F.S. 553 Building Construction Standards, F.S. 553.84 Statutory civil action.
Now, however, the period to file the lawsuit is measured from the earlier date of the issuance of the temporary certificate of occupancy, or certificate of completion, rather than from the date of the issuance of the certificate of occupancy. F.S. 95.11. Construction Liens [Chapter 2023-226, SB 331, Effective October 1, 2023] Summary The bill revises several provisions of the Construction Lien Law, in F.S. 713 Part 1, Construction Liens. It makes changes to the construction lien process. Notice of Termination Presently, an owner may record a notice of termination after: ● Completion of the construction project; or ● Work stops on the project and every person who worked on the property has been paid. Notice is effective 30 days after the notice of termination is recorded or on the termination date stated in the notice, whichever is later. The bill provides that, prior to recording a notice of termination, a copy of the notice must be served on each lienor in privity with the owner and on each person who timely served a notice to the owner before the recording of the notice of termination. Under the bill, if it is served, the notice terminates the notice of commencement 30 days after it is recorded. However, also requires an owner to serve a copy of the notice of termination on any lienor who began work under a notice of commencement before its termination, lacks a direct contract with the owner, and timely serves a notice to owner after the notice of termination is recorded. Notice of termination is effective as to such lienors 30 days after service. Service Requirements The documents required by the Construction Lien Law must be served by: ● Actual delivery to the person being served; if a partnership, to one partner; if a corporation, to an officer, director, managing agent, or business agent; or if a limited liability company, to a member or manager; ● Common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, to the person being served with postage or shipping paid by the sender and with evidence of delivery; or ● Posting on the construction site if service cannot be performed by the other two methods. Specialty Contractors [Chapter 2023-271, HB 1383, Effective July 1, 2023] Summary In 2021, in an action of HB 735 the following became law regarding specialty contractors. It included that – A local government, as defined in F.S. 163.211, may not require a person to obtain a license for a job scope that does not substantially correspond to the job scope of one of the contractor categories defined in F.S. 489.105(3)(a)-(o) and (q) or authorized in F.S. 489.1455(1). Such job scopes for which a local government may not require a license include, but are not limited to painting; flooring; cabinetry; interior remodeling; driveway or tennis court installation; handyman services; decorative stone, tile, marble, granite, or terrazzo installation; plastering; stuccoing; caulking; and canvas awning and ornamental iron installation. This provision required local governments to comply beginning July 1, 2023. However, it would significantly impact those companies that provide such services and are not required to be licensed. This would mean that those companies would not be
Modifies Definitions ● Definition of “ contractor ” is amended to include any licensed general or building contractor who provides construction or program management This guarantees such licensed general and building contractors the ability to claim construction liens if they are not paid for their work. ● Modifies the definition of “ clerk’s office ” to include “or another office serving as the county recorder as provided by law, in which the real property is located.” ● Defines “ finance charge ” to mean “a contractually specified additional amount to be paid by the obligor on any balance that remains unpaid by the due date set forth in the credit agreement or other contract.” Notice to Contest Lien After a clerk’s office records a notice of contest of claim against a payment bond or a notice of contest of lien and a certificate of service for notice, the clerk must serve a copy of the recorded notice on the lienor and on the owner or the owner’s attorney. Discharging a Lien The methods specified for discharging a lien may also be used to release a lien, in whole or in part. The bill also specifies that, if a satisfaction or release of lien is filed with the clerk’s office, the satisfaction or release must include the lienor’s notarized signature and the official reference number and recording date affixed by the recording office on the subject lien. Attorney Fees Entitles the prevailing party in an action to enforce a lien transferred to a security to recover reasonable attorney fees. Where a prevailing party is entitled to recover their reasonable attorney fees in an arbitration action to enforce a claim against a payment bond, the amount of the attorney fees to be awarded may be determined by the arbitrator. Computing Time Period Relating to the Construction Lien Law, if the last day of the time period is a Saturday, Sunday, legal holiday, or any day observed as a holiday by the clerk’s office or designated by the chief judge of the circuit, the time period is extended to the end of the next business day. The bill also provides that if a clerk’s office is closed in response to an emergency, the time period for recording a document or filing an action is tolled by the number of days the clerk’s office was closed. required to have license, but because of that would not be able to pull permits. As it has been revised since, F.S. 489.117(4)(a)1 extend this to include that - A local government may not require a state or local license to obtain a permit for such job scopes. Additionally, this amends F.S. 163.211 relating to the preemption of occupational licensing to the state, to extend by one year, to July 1, 2024, the date that local governments may require and issue local occupation licenses, but only if such licensing was imposed by the local government before January 1, 2021. ● The bill requires the Construction Industry Licensing Board (CILB) in the DBPR to establish by rule, certified specialty contractor categories for voluntary licensing by July 1, 2024, as specified in the bill. ● Under the bill, for specified job scopes exempt from local licensing in current law, local governments are prohibited from requiring state or local licenses for work that is covered by state licensing, and from requiring a permit for such work. ● As to job scopes exempt from local occupational licensing in current law, the bill adds the job scope of “pressure.”
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