Bill Text: FL S0866 | 2016 | Regular Session | Introduced

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Bill Title: Construction Liens

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-13 - Withdrawn from further consideration [S0866 Detail]

Download: Florida-2016-S0866-Introduced.html

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       Florida Senate - 2016                                     SB 866
       
       
        
       By Senator Smith
       
       
       
       
       
       31-00933-16                                            2016866__
    1                        A bill to be entitled                      
    2         An act relating to construction liens; amending s.
    3         713.10, F.S.; providing that a lessor’s interest in
    4         commercial property is not subject to a construction
    5         lien for construction, renovation, or improvement made
    6         by a lessee under certain conditions; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (b) of subsection (2) of section
   12  713.10, Florida Statutes, is amended to read:
   13         713.10 Extent of liens.—
   14         (2)
   15         (b) The interest of the lessor is not subject to liens for
   16  improvements made by the lessee under any of the following
   17  circumstances when:
   18         1. The lease, or a short form or a memorandum of the lease
   19  that contains the specific language in the lease prohibiting
   20  such liability, is recorded in the official records of the
   21  county where the premises are located before the recording of a
   22  notice of commencement for improvements to the premises and the
   23  terms of the lease expressly prohibit such liability.; or
   24         2. The terms of the lease expressly prohibit such
   25  liability, and a notice advising that leases for the rental of
   26  premises on a parcel of land prohibit such liability has been
   27  recorded in the official records of the county in which the
   28  parcel of land is located before the recording of a notice of
   29  commencement for improvements to the premises, and the notice
   30  includes the following:
   31         a. The name of the lessor.
   32         b. The legal description of the parcel of land to which the
   33  notice applies.
   34         c. The specific language contained in the various leases
   35  prohibiting such liability.
   36         d. A statement that all or a majority of the leases entered
   37  into for premises on the parcel of land expressly prohibit such
   38  liability.
   39         3. The lessee is a mobile home owner who is leasing a
   40  mobile home lot in a mobile home park from the lessor.
   41  
   42  A notice that is consistent with this subparagraph 2.
   43  effectively prohibits liens for improvements made by a lessee
   44  even if other leases for premises on the parcel do not expressly
   45  prohibit liens or if provisions of each lease restricting the
   46  application of liens are not identical.
   47         3. The lessee is a mobile home owner who is leasing a
   48  mobile home lot in a mobile home park from the lessor.
   49         4. The lien is imposed by a county or municipality for a
   50  fine or penalty related to the failure to obtain the necessary
   51  local government authorization for the construction, renovation,
   52  or improvement of commercial property and:
   53         a. The lessee of the commercial property was responsible
   54  for the construction, renovation, or improvement.
   55         b. The construction, renovation, or improvement was done
   56  without the knowledge and consent of the lessor.
   57         c. The county or municipality provided the lessor with at
   58  least 180 days’ notice to obtain the necessary local government
   59  authorization before imposing the fine or penalty.
   60         Section 2. This act shall take effect July 1, 2016.