What Is The State Code Number For Florida’S Public Records Law?

What Is The State Code Number For Florida’S Public Records Law
The 2022 Florida Statutes.119.01 General state policy on public records.119.011 Definitions.119.021 Custodial requirements; maintenance, preservation, and retention of public records.

What section is 119.071 FS?

Personal Records Exempt from Public Disclosure – As provided by s.119.071, Florida Statutes, certain information maintained by state agencies is exempt from public disclosure, and is therefore deemed confidential. This includes social security numbers, medical and financial information.

  1. Accordingly, the Florida Division of Workers’ Compensation protects the social security numbers, medical and financial information of injured workers obtained in the performance of its statutory responsibilities.
  2. However, s.119.071 (4) (d), Florida Statutes, additionally provides for the exemption of home addresses and telephone numbers from public disclosure for certain occupational groups as listed below.

Note: Home addresses and telephone numbers of spouses and children of individuals who are covered by these occupational groups are also exempt from public disclosure.

What law governs access to public records in Florida?

Florida Attorney General – The “Sunshine” Law Open Government – The “Sunshine” Law To assist the public and governmental agencies in understanding the requirements and exemptions to Florida’s open government laws, the Attorney General’s Office compiles a comprehensive guide known as the Government-in-the-Sunshine manual.

  1. The manual is published each year at no taxpayer expense by the First Amendment Foundation in Tallahassee.
  2. Florida began its tradition of openness back in 1909 with the passage of of the Florida Statutes or the “Public Records Law.” This law provides that any records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the Florida Legislature.

Over the years, the definition of what constitutes “public records” has come to include not just traditional written documents such as papers, maps and books, but also tapes, photographs, film, sound recordings and records stored in computers. Florida’s Government-in-the-Sunshine Law was enacted in 1967.

  • Today, the Sunshine Law regarding open government can be found in of the Florida Statutes.
  • These statutes establish a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities.
  • Throughout the history of Florida’s open government, its courts have consistently supported the public’s right of access to governmental meetings and records.

As such, they also have been defining and redefining what a public record is and who is covered under the open meetings law. One area of public concern was whether or not the Legislature was covered under the open meetings requirements. To address that concern, a Constitutional amendment was passed overwhelmingly by the voters in 1990 providing for open meetings in the legislative branch of government.

The Attorney General’s Office has consistently sought to safeguard Florida’s pioneering Government-in-the-Sunshine laws. Our attorneys have worked, both in the courtroom and out, to halt public records violations. In 1991, a decision by the Florida Supreme Court raised questions which made it clear that the best way to ensure the public’s right of access to all three branches of government was to secure that right through the Florida Constitution.

The Attorney General’s Office then drafted a definitive constitutional amendment, which guaranteed continued openness in the state’s government and reaffirmed the application of open government to the legislative branch and expanded it to the judiciary.

What is Florida’s public record law chapter 119 FS )?

Chapter 119 F.S. Florida Statutes Chapter 119 outlines state policy on public records. It states what documents are considered public record, what information is exempt from public disclosure and how states offices are expected to comply with requests for public records.

  1. Www.flsenate.gov/Laws/Statutes/2019?chapter=119 Public Records Policy / Cost Recovery Policy In accordance with Chapter 119 of the Florida Statutes, requests that require extensive use of state resources are subject to a fee.
  2. Should a fee apply, requestors will be provided with a cost estimate for review and approval prior to the Office of Open Government taking any billable steps.

If the estimate is accepted, the requestor will receive an invoice of the actual costs, not to exceed the estimated amount, once all documents have been compiled and reviewed. Public Records Policy Cost Estimate Template Agency Contact Sheet Each state agency processes requests for public records in which they are the custodian of.

Do I qualify as exempt from Florida’s public records law?

Public Records Exemptions / Public Records / Retirement / Workforce Operations / Florida Department of Management Services – DMS Records exempt from public records disclosure include:

  • Lists of retirees’ names or addresses.
  • Social Security numbers of current and former members.
  • Birth certificates and cause of death on death certificates.
  • Medical information (only released if the member has provided a release).
  • All personal identifying information regarding a participant in the FRS Investment Plan.
  • Information regarding complaints of misconduct filed with an agency against an employee.
  • Information identifying undercover personnel with any law enforcement agency.
  • Home and mailing addresses, all personal telephone numbers and dates of birth for members employed in the positions listed below, if a written request for confidentiality is submitted to the Division of Retirement. A request can be submitted by a member, the employer on a member’s behalf or a qualifying spouse or child (see below).
  • The name, home and mailing addresses, all personal telephone numbers and dates of birth of the spouses and children of such personnel are also exempt from disclosure.
  • If a spouse or child of a member listed below is also an FRS member, a separate request to make the information in their own file exempt must be made.
  1. Current or former sworn or civilian law enforcement officers;
  2. Current or former correctional officers and correctional probation officers;
  3. Current or former personnel of the Department of Children and Family Services whose duties include the investigation of abuse, neglect, exploitation, fraud, theft or other criminal activities;
  4. Current or former personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect; as well as current and former employees of the Department of Health whose duties include, or result in, the determination or adjudication of eligibility for social security disability benefits, the investigation or prosecution of complaints filed against health care practitioners, or the inspection of health care practitioners or health care facilities licensed by the Department of Health;
  5. Current or former personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement;
  6. Current or former non-sworn investigative personnel of the Department of Financial Services whose duties include the investigation of fraud, theft, workers’ compensation coverage requirements and compliance, other related criminal activities or state regulatory requirement violations;
  7. Current or former non-sworn investigative personnel of the Office of Financial Regulation’s Bureau of Financial Investigations whose duties include the investigation of fraud, theft, other related criminal activities or state regulatory requirement violations;
  8. Current or former emergency medical technicians or paramedics certified under Chapter 401;
  9. Current or former personnel employed in an agency’s office of inspector general or internal audit department whose duties include auditing or investigating waste, fraud, abuse, theft, exploitation or other activities that could lead to criminal prosecution or administrative discipline;
  10. Current or former juvenile probation officers, juvenile probation supervisors, detention superintendents, assistant detention superintendents, juvenile justice detention officers I and II, juvenile detention officer supervisors, juvenile justice residential officers, juvenile justice residential office supervisors I or II, juvenile justice counselors, juvenile justice counselor supervisors, human services counselors, human services counselor supervisors, human services counselor administrators, senior human services counselor administrators, rehabilitation therapists, or social services counselors of the Department of Juvenile Justice;
  11. Current or former Firefighters;
  12. Current or former Justices of the Supreme Court, district court of appeal judges, circuit and county court judges;
  13. Current or former state attorneys and assistant state attorneys, statewide prosecutors, assistant statewide prosecutors, public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel;
  14. Current general or special magistrates, compensation claim judges, Division of Administrative Hearing law judges, or child support enforcement hearing officers;
  15. Current or former human resource, labor relations, or employee relations directors, assistant directors, managers or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration or other personnel-related duties;
  16. Current or former code enforcement officers;
  17. Current or former investigators or inspectors of the Department of Business and Professional Regulation;
  18. Current county tax collectors;
  19. Current or former guardian ad litem, as defined in section 39.820, Florida Statutes;
  20. Current or former judges of United States Courts of Appeal, United States district judges, or United States magistrate judges;
  21. Current or former United States attorneys or assistant United States attorneys; and
  22. A current or former impaired practitioner consultant who is retained by an agency or current or former employee of an impaired practitioner consultant whose duties result in a determination of a person’s skill and safety to practice a licensed profession.
    • Addresses and corresponding telephone numbers of participants in the Address Confidentiality Program for Victims of Domestic Violence.
    • Personal identifying information of the alleged victim in an allegation of sexual harassment.
    • Personal identifying information of an injured or deceased employee which is contained in reports, notices, records or supporting documentation held by the Department of Financial Services pursuant to the Workers’ Compensation Law.

: Public Records Exemptions / Public Records / Retirement / Workforce Operations / Florida Department of Management Services – DMS

Are 911 calls public record in Florida?

Request 9-1-1 Call Notes and/or Recordings Support Services Division 10750 Ulmerton Road Largo, FL 33778 (727) 464-3835 A Public Policy of Open Government: The Florida Constitution and Florida Statutes §119 and §286 safeguard every Floridian’s right of access to government meetings and public records.

  • In Florida, disclosure is the standard, unless the Legislature allows an exemption or the records are otherwise confidential.
  • Every citizen has the right to obtain public records that are not exempted or confidential.
  • Citizens and the media can easily request public records from Pinellas County government.

The requester is responsible for any cost of providing the documentation, which includes staff time, cost of copies and other costs that are associated with the request.9-1-1 call public records requests can be made by phone, email, fax or in person.

What is Florida Statute 455?

455.017 Applicability of this chapter.455.02 Licensure of members of the Armed Forces in good standing and their spouses or surviving spouses with administrative boards or programs.455.10 Restriction on requirement of citizenship.455.11 Qualification of immigrants for examination to practice a licensed profession or occupation.455.117 Sale of services and information by department.455.201 Professions and occupations regulated by department; legislative intent; requirements.455.203 Department; powers and duties.455.2035 Rulemaking authority for professions not under a board.455.204 Long-range policy planning; plans, reports, and recommendations.455.205 Contacting boards through department.455.207 Boards; organization; meetings; compensation and travel expenses.455.209 Accountability and liability of board members.455.211 Board rules; final agency action; challenges.455.212 Education; substituting demonstration of competency for clock-hour requirements.455.2124 Proration of or not requiring continuing education.455.2125 Consultation with postsecondary education boards prior to adoption of changes to training requirements.455.213 General licensing provisions.455.2171 Use of professional testing services.455.2175 Penalty for theft or reproduction of an examination.455.2177 Monitoring of compliance with continuing education requirements.455.2179 Continuing education provider and course approval; cease and desist orders.455.218 Foreign-trained professionals; special examination and license provisions.455.2185 Exemption for certain out-of-state or foreign professionals; limited practice permitted.455.219 Fees; receipts; disposition; periodic management reports.455.221 Legal and investigative services.455.2228 Barbers and cosmetologists; instruction on HIV and AIDS.455.223 Power to administer oaths, take depositions, and issue subpoenas.455.224 Authority to issue citations.455.2255 Classification of disciplinary actions.455.227 Grounds for discipline; penalties; enforcement.455.2274 Criminal proceedings against licensees; appearances by department representatives.455.2275 Penalty for giving false information.455.2277 Prosecution of criminal violations.455.2278 Restriction on disciplinary action for student loan default.455.228 Unlicensed practice of a profession; cease and desist notice; civil penalty; enforcement; citations; allocation of moneys collected.455.2281 Unlicensed activities; fees; disposition.455.2285 Annual report concerning finances, administrative complaints, disciplinary actions, and recommendations.455.229 Public inspection of information required from applicants; exceptions; examination hearing.455.232 Disclosure of confidential information.455.24 Advertisement by a veterinarian of free or discounted services; required statement.455.242 Veterinarians; disposition of records of deceased practitioners or practitioners relocating or terminating practice.455.245 Veterinarians; immediate suspension of license.455.271 Inactive and delinquent status.455.273 Renewal and cancellation notices.455.32 Management Privatization Act.

Which law provides public access to information?

In brief – The Freedom of Information Act 2000 provides public access to information held by public authorities. It does this in two ways:

public authorities are obliged to publish certain information about their activities; and members of the public are entitled to request information from public authorities.

The Act covers any recorded information that is held by a public authority in England, Wales and Northern Ireland, and by UK-wide public authorities based in Scotland. Information held by Scottish public authorities is covered by Scotland’s own Freedom of Information (Scotland) Act 2002.

  • Public authorities include government departments, local authorities, the NHS, state schools and police forces.
  • However, the Act does not necessarily cover every organisation that receives public money.
  • For example, it does not cover some charities that receive grants and certain private sector organisations that perform public functions.

Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings. The Act does not give people access to their own personal data (information about themselves) such as their health records or credit reference file.

What is the Florida statute 464?

464: Nursing – Chapter 464, part I, contains Florida’s Nurse Practice Act. The laws contained in it provide safe parameters within which to work, as well as provisions intended to protect patients from unprofessional and unsafe nursing practice. Florida nurses and certified nursing assistants covered by this chapter are responsible for understanding the laws and rules that govern and define their scope of practice.

  1. Since their humble beginnings in the early 1900s, nurse practice acts have been revised, updated, and modernized.
  2. Gone are rules related to moral character, marriage restrictions, pregnancy, and age limits.
  3. Added are updated definitions of professional nursing, educational requirements, and regulations for certified nursing assistants, licensed practical nurses, registered nurses, advanced registered nurse practitioners, and clinical nurse specialists.

Computerized licensure databases have been developed, as have rules related to continuing nursing education, chemical dependency, delegation, and criminal background checks, among other additions. Because nursing scope of practice and responsibilities vary from state to state, nurses in the United States are responsible for knowing the regulatory requirements for nursing and the nurse practice act in every state in which they are practicing (NCSBN, 2016).

What is Florida chapter 440?

Requirement for Employers to Provide Workers’ Compensation to All Employees, with Few Exceptions – Florida Statute §440.02 provides the definitions of an employer that is required to provide workers’ compensation for all company employees, including the owners of the company. These definitions include:

Any Non-Construction or Non-Agricultural Business with 4 or more employees, including all owners who are corporate officers or LLC members

Any Construction Business with 1 or more employees, including all owners who are corporate officers and LLC members

Any Agricultural Business with 6 or more regular employees or 12 seasonal workers. A seasonal worker is defined as someone who works over 30 days in a season but less than 45 days in a calendar year.

Out of State Employers with employees working in Florida are required to provide a Florida workers’ comp policy from an approved insurance provider that complies with Florida laws and the state’s insurance code. Temporary out-of-state workers may be eligible to use their existing home state workers’ comp coverage (§440.094). Subcontractors and Subcontractors-of-Subcontractors must provide proof of workers’ comp insurance coverage to all contracting organizations. The contract-awarding business must provide workers’ comp coverage to everyone involved in the project who cannot provide this proof (§440.10).

440.04 and 440.05 allow certain businesses to waive the workers’ comp requirements for sole proprietors (owner/operator), corporate officers, and LLC members. However, anyone exempted from workers’ comp laws could potentially hold the company liable for injury torts.

What is Florida Statute 713?

713.001  Short title of part.713.01  Definitions.713.012  Written notices, demands, or requests.713.015  Mandatory provisions for direct contracts.713.02  Types of lienors and exemptions.713.03  Liens for professional services.713.04  Subdivision improvements.713.05  Liens of persons in privity.713.06  Liens of persons not in privity; proper payments.713.07  Priority of liens.713.08  Claim of lien.713.09  Single claim of lien.713.10  Extent of liens.713.11  Liens for improving land in which the contracting party has no interest.713.12  Liens for improving real property under contract with husband or wife on property of the other or of both.713.13  Notice of commencement.713.132  Notice of termination.713.135  Notice of commencement and applicability of lien.713.14  Application of money to materials account.713.15  Repossession of materials not used.713.16  Demand for copy of contract and statements of account; form.713.165  Request for list of subcontractors and suppliers.713.17  Materials not attachable for debts of purchaser.713.18  Manner of serving notices and other instruments.713.19  Assignment of lien.713.20  Waiver or release of liens.713.21  Discharge of lien.713.22  Duration of lien.713.23  Payment bond.713.235  Waivers of right to claim against payment bond; forms.713.24  Transfer of liens to security.713.245  Conditional payment bond.713.25  Applicability of ch.65-456.713.26  Redemption and sale.713.27  Interplead.713.28  Judgments in case of failure to establish liens; personal and deficiency judgments or decrees.713.29  Attorney’s fees.713.30  Other actions not barred.713.31  Remedies in case of fraud or collusion.713.32  Insurance proceeds liable for demands.713.33  Disbursing agent and others may rely on owner’s notices.713.345  Moneys received for real property improvements; penalty for misapplication.713.346  Payment on construction contracts.713.3471  Lender responsibilities with construction loans.713.35  Making or furnishing false statement.713.37  Rule of construction.713.001  Short title of part.

This part may be cited as the “Construction Lien Law.” History. — s.1, ch.90-109.713.01  Definitions. — As used in this part, the term: (1)  “Abandoned property” means all tangible personal property that has been disposed of on public property in a wrecked, inoperative, or partially dismantled condition.

(2)  “Architect” means a person or firm that is authorized to practice architecture pursuant to chapter 481 or a general contractor who provides architectural services under a design-build contract authorized by s.481.229(3). (3)  “Claim of lien” means the claim recorded as provided in s.713.08.

  1. 4)  “Clerk’s office” means the office of the clerk of the circuit court of the county in which the real property is located.
  2. 5)  “Commencement of the improvement” means the time of filing for record of the notice of commencement provided in s.713.13.
  3. 6)  “Contract” means an agreement for improving real property, written or unwritten, express or implied, and includes extras or change orders.

(7)  “Contract price” means the amount agreed upon by the contracting parties for performing all labor and services and furnishing all materials covered by their contract and must be increased or diminished by the price of extras or change orders, or by any amounts attributable to changes in the scope of the work or defects in workmanship or materials or any other breaches of the contract; but no penalty or liquidated damages between the owner and a contractor diminishes the contract price as to any other lienor.

If no price is agreed upon by the contracting parties, this term means the value of all labor, services, or materials covered by their contract, with any increases and diminutions, as provided in this subsection. Allowance items are a part of the contract when accepted by the owner. (8)  “Contractor” means a person other than a materialman or laborer who enters into a contract with the owner of real property for improving it, or who takes over from a contractor as so defined the entire remaining work under such contract.

The term “contractor” includes an architect, landscape architect, or engineer who improves real property pursuant to a design-build contract authorized by s.489.103(16). (9)  “Direct contract” means a contract between the owner and any other person. (10)  “Engineer” means a person or firm that is authorized to practice engineering pursuant to chapter 471 or a general contractor who provides engineering services under a design-build contract authorized by s.471.003(2)(i).

  • 11)  “Extras or change orders” means labor, services, or materials for improving real property authorized by the owner and added to or deleted from labor, services, or materials covered by a previous contract between the same parties.
  • 12)  “Final furnishing” means the last date that the lienor furnishes labor, services, or materials.

Such date may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of final completion, and does not include correction of deficiencies in the lienor’s previously performed work or materials supplied.

With respect to rental equipment, the term means the date that the rental equipment was last on the job site and available for use. (13)  “Furnish materials” means supply materials which are incorporated in the improvement including normal wastage in construction operations; or specially fabricated materials for incorporation in the improvement, not including any design work, submittals, or the like preliminary to actual fabrication of the materials; or supply materials used for the construction and not remaining in the improvement, subject to diminution by the salvage value of such materials; and includes supplying rental equipment, but does not include supplying handtools.

The delivery of materials to the site of the improvement is prima facie evidence of incorporation of such materials in the improvement. The delivery of rental equipment to the site of the improvement is prima facie evidence of the period of the actual use of the rental equipment from the delivery through the time the equipment is last available for use at the site, or 2 business days after the lessor of the rental equipment receives a written notice from the owner or the lessee of the rental equipment to pick up the equipment, whichever occurs first.

(14)  “Improve” means build, erect, place, make, alter, remove, repair, or demolish any improvement over, upon, connected with, or beneath the surface of real property, or excavate any land, or furnish materials for any of these purposes, or perform any labor or services upon the improvements, including the furnishing of carpet or rugs or appliances that are permanently affixed to the real property and final construction cleanup to prepare a structure for occupancy; or perform any labor or services or furnish any materials in grading, seeding, sodding, or planting for landscaping purposes, including the furnishing of trees, shrubs, bushes, or plants that are planted on the real property, or in equipping any improvement with fixtures or permanent apparatus or provide any solid-waste collection or disposal on the site of the improvement.

(15)  “Improvement” means any building, structure, construction, demolition, excavation, solid-waste removal, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit. (16)  “Laborer” means any person other than an architect, landscape architect, engineer, surveyor and mapper, and the like who, under properly authorized contract, personally performs on the site of the improvement labor or services for improving real property and does not furnish materials or labor service of others.

  1. 17)  “Lender” means any person who loans money to an owner for construction of an improvement to real property, who secures that loan by recording a mortgage on the real property, and who periodically disburses portions of the proceeds of that loan for the payment of the improvement.
  2. 18)  “Lienor” means a person who is: (a)  A contractor; (b)  A subcontractor; (c)  A sub-subcontractor; (d)  A laborer; (e)  A materialman who contracts with the owner, a contractor, a subcontractor, or a sub-subcontractor; or (f)  A professional lienor under s.713.03; and who has a lien or prospective lien upon real property under this part, and includes his or her successor in interest.

No other person may have a lien under this part. (19)  “Lienor giving notice” means any lienor, except a contractor, who has duly and timely served a notice to the owner and, if required, to the contractor and subcontractor, as provided in s.713.06(2).

20)  “Materialman” means any person who furnishes materials under contract to the owner, contractor, subcontractor, or sub-subcontractor on the site of the improvement or for direct delivery to the site of the improvement or, for specially fabricated materials, off the site of the improvement for the particular improvement, and who performs no labor in the installation thereof.

(21)  “Notice by lienor” means the notice to owner served as provided in s.713.06(2). (22)  “Notice of commencement” means the notice recorded as provided in s.713.13. (23)  “Owner” means a person who is the owner of any legal or equitable interest in real property, which interest can be sold by legal process, and who enters into a contract for the improvement of the real property.

  • The term includes a condominium association pursuant to chapter 718 as to improvements made to association property or common elements.
  • The term does not include any political subdivision, agency, or department of the state, a municipality, or other governmental entity.
  • 24)  “Perform” or “furnish” when used in connection with the words “labor” or “services” or “materials” means performance or furnishing by the lienor or by another for him or her.

(25)  “Post” or “posting” means placing the document referred to on the site of the improvement in a conspicuous place at the front of the site and in a manner that protects the document from the weather. (26)  “Real property” means the land that is improved and the improvements thereon, including fixtures, except any such property owned by the state or any county, municipality, school board, or governmental agency, commission, or political subdivision.

(27)  “Site of the improvement” means the real property which is being improved and on which labor or services are performed or materials furnished in furtherance of the operations of improving such real property. In cases of removal, without demolition and under contract, of an improvement from one lot, parcel, or tract of land to another, this term means the real property to which the improvement is removed.

(28)  “Subcontractor” means a person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of such contractor’s contract, including the removal of solid waste from the real property. The term includes a temporary help firm as defined in s.443.101.

(29)  “Sub-subcontractor” means a person other than a materialman or laborer who enters into a contract with a subcontractor for the performance of any part of such subcontractor’s contract, including the removal of solid waste from the real property. The term includes a temporary help firm as defined in s.443.101.

History. — s.1, ch.63-135; s.35, ch.67-254; s.1, ch.77-353; s.1, ch.80-97; s.2, ch.90-109; s.1, ch.91-102; s.3, ch.92-286; ss.120, 317, ch.94-119; s.800, ch.97-102; s.2, ch.98-135; s.71, ch.99-3; s.2, ch.2001-164; s.4, ch.2001-211; s.2, ch.2007-221. Note.

— Former s.84.011.713.012  Written notices, demands, or requests. — Notices, demands, or requests permitted or required under this part, except any required by s.713.14, must be in writing. History. — s.3, ch.2007-221.713.015  Mandatory provisions for direct contracts. — (1)  Any direct contract greater than $2,500 between an owner and a contractor, related to improvements to real property consisting of single or multiple family dwellings up to and including four units, must contain the following notice provision printed in no less than 12-point, capitalized, boldfaced type on the front page of the contract or on a separate page, signed by the owner and dated: ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY.

THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL.

IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

(2)(a)  If the contract is written, the notice must be in the contract document. If the contract is oral or implied, the notice must be provided in a document referencing the contract. (b)  The failure to provide such written notice does not bar the enforcement of a lien against a person who has not been adversely affected.

  1. C)  This section may not be construed to adversely affect the lien and bond rights of lienors who are not in privity with the owner.
  2. This section does not apply when the owner is a contractor licensed under chapter 489 or is a person who created parcels or offers parcels for sale or lease in the ordinary course of business.

History. — s.1, ch.2003-177; s.5, ch.2005-227; s.4, ch.2007-221.713.02  Types of lienors and exemptions. — (1)  Persons performing the services described in s.713.03 shall have rights to a lien on real property as provided in that section. (2)  Persons performing services or furnishing materials for subdivision improvements as described in s.713.04 shall have rights to a lien on real property as provided in that section.

  • 3)  Persons who are in privity with an owner and who perform labor or services or furnish materials constituting an improvement or part thereof shall have rights to a lien on real property as provided in s.713.05.
  • 4)  Persons who are not in privity with an owner and who perform labor or services or furnish materials constituting a part of an improvement under the direct contract of another person shall have rights to a lien on real property as provided in s.713.06.

(5)  Any improvement for which the direct contract price is $2,500 or less shall be exempt from all other provisions of this part except the provisions of s.713.05. (6)  The owner and contractor may agree that the contractor shall furnish a payment bond as provided in s.713.23, and upon receipt of the bond the owner is exempt from the other provisions of this part as to that direct contract, but this does not exempt the owner from the lien of the contractor who furnishes the bond.

  1. If the bond is provided, it shall secure all liens subsequently accruing under this part as provided in s.713.23.
  2. 7)  Notwithstanding any other provision of this part, no lien shall exist in favor of any contractor, subcontractor, or sub-subcontractor who is unlicensed as provided in s.489.128 or s.489.532.

Notwithstanding any other provision of this part, if a contract is rendered unenforceable by an unlicensed contractor, subcontractor, or sub-subcontractor pursuant to s.489.128 or s.489.532, such unenforceability shall not affect the rights of any other persons to enforce contract, lien, or bond remedies and shall not affect the obligations of a surety that has provided a bond on behalf of the unlicensed contractor, subcontractor, or sub-subcontractor.

  1. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed as provided in s.489.128 or s.489.532. History.
  2. S.1, ch.63-135; s.1, ch.67-210; s.35, ch.67-254; s.7, ch.69-97; ss.2, 17, ch.77-353; s.1, ch.78-397; s.2, ch.87-74; s.15, ch.87-310; s.3, ch.88-397; s.801, ch.97-102; s.5, ch.2001-211; s.3, ch.2003-257; s.6, ch.2005-227; s.5, ch.2007-221.

Note. — Former s.84.022.713.03  Liens for professional services. — (1)  Any person who performs services as architect, landscape architect, interior designer, engineer, or surveyor and mapper, subject to compliance with and the limitations imposed by this part, has a lien on the real property improved for any money that is owing to him or her for his or her services used in connection with improving the real property or for his or her services in supervising any portion of the work of improving the real property, rendered in accordance with his or her contract and with the direct contract.

(2)  Any architect, landscape architect, interior designer, engineer, or surveyor and mapper who has a direct contract and who in the practice of his or her profession shall perform services, by himself or herself or others, in connection with a specific parcel of real property and subject to said compliances and limitations, shall have a lien upon such real property for the money owing to him or her for his or her professional services, regardless of whether such real property is actually improved.

(3)  No liens under this section shall be acquired until a claim of lien is recorded. No lienor under this section shall be required to serve a notice to owner as provided in s.713.06(2) or an affidavit concerning unpaid lienors as provided in s.713.06(3).

History. — s.1, ch.63-135; s.1, ch.65-456; s.35, ch.67-254; s.3, ch.77-353; s.2, ch.85-103; s.3, ch.90-109; s.121, ch.94-119; s.802, ch.97-102. Note. — Former s.84.031.713.04  Subdivision improvements. — (1)  Any lienor who, regardless of privity, performs services or furnishes material to real property for the purpose of making it suitable as the site for the construction of an improvement or improvements shall be entitled to a lien on the real property for any money that is owed to her or him for her or his services or materials furnished in accordance with her or his contract and the direct contract.

The total amount of liens allowed under this section shall not exceed the amount of the direct contract under which the lienor furnishes labor, materials, or services. The work of making real property suitable as the site of an improvement shall include but shall not be limited to the grading, leveling, excavating, and filling of land, including the furnishing of fill soil; the grading and paving of streets, curbs, and sidewalks; the construction of ditches and other area drainage facilities; the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes; and the construction of canals and shall also include the altering, repairing, and redoing of all these things.

When the services or materials are placed on land dedicated to public use and are furnished under contract with the owner of the abutting land, the cost of the services and materials, if unpaid, may be the basis for a lien upon the abutting land. When the services or materials are placed upon land under contract with the owner of the land who subsequently dedicates parts of the land to public use, the person furnishing the services or materials placed upon the dedicated land shall be entitled to a lien upon the land abutting the dedicated land for the unpaid cost of the services and materials placed upon the dedicated land, or in the case of improvements that serve or benefit real property that is divided by the improvements, to a lien upon each abutting part for the equitable part of the full amount due and owing.

If the part of the cost to be borne by each parcel of the land subject to the same lien is not specified in the contract, it shall be prorated equitably among the parcels served or benefited. No lien under this section shall be acquired until a claim of lien is recorded.

No notice of commencement shall be filed for liens under this section. No lienor shall be required to serve a notice to owner for liens under this section. (2)  If a lienor under this section who is not in privity with the owner serves a notice on the owner in accordance with the provisions of s.713.06(2), payment of lienors by the owner under this section shall be governed by s.713.06(3)(c), (d), (e), (f), (g), (h), and (4).

(3)  The owner shall not pay any money on account of a direct contract before actual furnishing of labor and services or materials for subdivision improvements. Any payment not complying with such requirement shall not qualify as a proper payment under this chapter.

4)  The owner shall make final payment on account of a direct contract only after the contractor complies with s.713.06(3)(d). Any payment not complying with such requirement shall not qualify as a proper payment under this chapter. History. — s.1, ch.63-135; s.2, ch.65-456; s.35, ch.67-254; s.2, ch.80-97; s.2, ch.86-247; s.803, ch.97-102; s.7, ch.2005-227.

Note. — Former s.84.041.713.05  Liens of persons in privity. — A materialman or laborer, either of whom is in privity with the owner, or a contractor who complies with the provisions of this part shall, subject to the limitations thereof, have a lien on the real property improved for any money that is owed to him or her for labor, services, materials, or other items required by, or furnished in accordance with, the direct contract and for unpaid finance charges due under the lienor’s contract.

A materialman or laborer, in privity with the owner, or a contractor shall also have a lien on the owner’s real property for any money that is owed to him or her for labor, services, or materials furnished to improve public property if the improvements to the public property are a condition of the permit to improve the owner’s real property.

No lien under this section shall be acquired until a claim of lien is recorded. A lienor who, as a subcontractor, sub-subcontractor, laborer, or materialman not in privity with the owner, commences to furnish labor, services, or material to an improvement and who thereafter becomes in privity with the owner shall have a lien for any money that is owed to him or her for the labor, services, or materials furnished after he or she becomes in privity with the owner.

A lienor may record one claim of lien to cover both his or her work done in privity with the owner and not in privity with the owner. No lienor under this section shall be required to serve a notice to owner as provided in s.713.06(2). A lienor, except a laborer or materialman, who is in privity with the owner and claims a lien under this section shall furnish the contractor’s affidavit required in s.713.06(3)(d).

A contractor may claim a lien for any labor, services, or materials furnished by another lienor for which he or she is obligated to pay the lienor, regardless of the right of the lienor to claim a lien; but, if the lienor claims a valid lien, the contractor shall not recover the amount of the lien recovered by the lienor, and the amount of the contractor’s claim of lien may be reduced accordingly by court order.

  • No person shall have a lien under this section except those lienors specified in it, as their designations are defined in s.713.01. History.
  • S.1, ch.63-135; s.3, ch.65-456; s.2, ch.67-210; s.35, ch.67-254; s.4, ch.77-353; s.3, ch.80-97; s.1, ch.96-383; s.1763, ch.97-102. Note.
  • Former s.84.051.713.06  Liens of persons not in privity; proper payments.

— (1)  A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part and is subject to the limitations thereof, has a lien on the real property improved for any money that is owed to him or her for labor, services, or materials furnished in accordance with his or her contract and with the direct contract and for any unpaid finance charges due under the lienor’s contract.

A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the provisions of this part and is subject to the limitations thereof, also has a lien on the owner’s real property for labor, services, or materials furnished to improve public property if the improvement of the public property is furnished in accordance with his or her contract and with the direct contract.

The total amount of all liens allowed under this part for furnishing labor, services, or material covered by any certain direct contract must not exceed the amount of the contract price fixed by the direct contract except as provided in subsection (3).

  • No person may have a lien under this section except those lienors specified in it, as their designations are defined in s.713.01.
  • 2)(a)  All lienors under this section, except laborers, as a prerequisite to perfecting a lien under this chapter and recording a claim of lien, must serve a notice on the owner setting forth the lienor’s name and address, a description sufficient for identification of the real property, and the nature of the services or materials furnished or to be furnished.

A sub-subcontractor or a materialman to a subcontractor must serve a copy of the notice on the contractor as a prerequisite to perfecting a lien under this chapter and recording a claim of lien. A materialman to a sub-subcontractor must serve a copy of the notice to owner on the contractor as a prerequisite to perfecting a lien under this chapter and recording a claim of lien.

  1. A materialman to a sub-subcontractor shall serve the notice to owner on the subcontractor if the materialman knows the name and address of the subcontractor.
  2. The notice must be served before commencing, or not later than 45 days after commencing, to furnish his or her labor, services, or materials, but, in any event, before the date of the owner’s disbursement of the final payment after the contractor has furnished the affidavit under subparagraph (3)(d)1.

The notice must be served regardless of the method of payments by the owner, whether proper or improper, and does not give to the lienor serving the notice any priority over other lienors in the same category; and the failure to serve the notice, or to timely serve it, is a complete defense to enforcement of a lien by any person.

  1. The serving of the notice does not dispense with recording the claim of lien.
  2. The notice is not a lien, cloud, or encumbrance on the real property nor actual or constructive notice of any of them.
  3. B)  If the owner, in his or her notice of commencement, has designated a person in addition to himself or herself to receive a copy of such lienor’s notice, as provided in s.713.13(1)(b), the lienor shall serve a copy of his or her notice on the person so designated.

The failure by the lienor to serve such copy, however, does not invalidate an otherwise valid lien. (c)  The notice may be in substantially the following form and must include the information and the warning contained in the following form: WARNING! FLORIDA’S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL.

  1. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.
  2. TO AVOID A LIEN AND PAYING TWICE, YOU MUST OBTAIN A WRITTEN RELEASE FROM US EVERY TIME YOU PAY YOUR CONTRACTOR.
  3. NOTICE TO OWNER To (Owner’s name and address) The undersigned hereby informs you that he or she has furnished or is furnishing services or materials as follows: (General description of services or materials) for the improvement of the real property identified as (property description) under an order given by,

Florida law prescribes the serving of this notice and restricts your right to make payments under your contract in accordance with Section 713.06, Florida Statutes. IMPORTANT INFORMATION FOR YOUR PROTECTION Under Florida’s laws, those who work on your property or provide materials and are not paid have a right to enforce their claim for payment against your property.

  • This claim is known as a construction lien.
  • If your contractor fails to pay subcontractors or material suppliers or neglects to make other legally required payments, the people who are owed money may look to your property for payment, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL.
  • PROTECT YOURSELF: —RECOGNIZE that this Notice to Owner may result in a lien against your property unless all those supplying a Notice to Owner have been paid.

—LEARN more about the Construction Lien Law, Chapter 713, Part I, Florida Statutes, and the meaning of this notice by contacting an attorney or the Florida Department of Business and Professional Regulation. (Lienor’s Signature) (Lienor’s Name) (Lienor’s Address) Copies to: (Those persons listed in Section 713.06(2)(a) and (b), Florida Statutes) The form may be combined with a notice to contractor given under s.255.05 or s.713.23 and, if so, may be entitled “NOTICE TO OWNER/NOTICE TO CONTRACTOR.” (d)  A notice to an owner served on a lender must be in writing, must be served in accordance with s.713.18, and shall be addressed to the persons designated, if any, and to the place and address designated in the notice of commencement.

Any lender who, after receiving a notice provided under this subsection, pays a contractor on behalf of the owner for an improvement shall make proper payments as provided in paragraph (3)(c) as to each such notice received by the lender. The failure of a lender to comply with this paragraph renders the lender liable to the owner for all damages sustained by the owner as a result of that failure.

This paragraph does not give any person other than an owner a claim or right of action against a lender for the failure of the lender to comply with this paragraph. Further, this paragraph does not prohibit a lender from disbursing construction funds at any time directly to the owner, in which event the lender has no obligation to make proper payments under this paragraph.

E)  A lienor, in the absence of a recorded notice of commencement, may rely on the information contained in the building permit application to serve the notice prescribed in paragraphs (a), (b), and (c). (f)  If a lienor has substantially complied with the provisions of paragraphs (a), (b), and (c), errors or omissions do not prevent the enforcement of a claim against a person who has not been adversely affected by such omission or error.

However, a lienor must strictly comply with the time requirements of paragraph (a). (3)  The owner may make proper payments on the direct contract as to lienors under this section, in the following manner: (a)  If the description of the property in the notice prescribed by s.713.13 is incorrect and the error adversely affects any lienor, payments made on the direct contract shall be held improperly paid to that lienor; but this does not apply to clerical errors when the description listed covers the property where the improvements are.

  • B)  The owner may pay to any laborers the whole or any part of the amounts that shall then be due and payable to them respectively for labor or services performed by them and covered by the direct contract, and shall deduct the same from the balance due the contractor under a direct contract.
  • C)  When any payment becomes due to the contractor on the direct contract, except the final payment: 1.  The owner shall pay or cause to be paid, within the limitations imposed by subparagraph 2., the sum then due to each lienor giving notice prior to the time of the payment.

The owner may require, and, in such event, the contractor shall furnish as a prerequisite to requiring payment to himself or herself, an affidavit as prescribed in subparagraph (d)1., on any payment made, or to be made, on a direct contract, but the furnishing of the affidavit shall not relieve the owner of his or her responsibility to pay or cause to be paid all lienors giving notice.

The owner shall be under no obligation to any lienor, except laborers, from whom he or she has not received a notice to owner at the time of making a payment.2.  When the payment due is insufficient to pay all bills of lienors giving notice, the owner shall prorate the amount then due under the direct contract among the lienors giving notice pro rata in the manner prescribed in subsection (4).

Lienors receiving money shall execute partial releases, as provided in s.713.20(2), to the extent of the payment received.3.  If any affidavit permitted hereunder recites any outstanding bills for labor, services, or materials, the owner may pay the bills in full direct to the person or firm to which they are due if the balance due on the direct contract at the time the affidavit is given is sufficient to pay the bills and shall deduct the amounts so paid from the balance of payment due the contractor.

This subparagraph shall not create any obligation of the owner to pay any person who is not a lienor giving notice.4.  No person furnishing labor or material, or both, who is required to serve a notice under paragraph (2)(a) and who did not serve the notice and whose time for service has expired shall be entitled to be paid by the owner because he or she is listed in an affidavit furnished by the contractor under subparagraph (c)1.5.  If the contract is terminated before completion, the contractor shall comply with subparagraph (d)1.

(d)  When the final payment under a direct contract becomes due the contractor: 1.  The contractor shall give to the owner a final payment affidavit stating, if that be the fact, that all lienors under his or her direct contract who have timely served a notice to owner on the owner and the contractor have been paid in full or, if the fact be otherwise, showing the name of each such lienor who has not been paid in full and the amount due or to become due each for labor, services, or materials furnished.

The affidavit must be in substantially the following form: CONTRACTOR’S FINAL PAYMENT AFFIDAVIT State of Florida County of Before me, the undersigned authority, personally appeared (name of affiant), who, after being first duly sworn, deposes and says of his or her personal knowledge the following: 1. He or she is the (title of affiant), of (name of contractor’s business), which does business in the State of Florida, hereinafter referred to as the “Contractor.” 2. Contractor, pursuant to a contract with (name of owner), hereinafter referred to as the “Owner,” has furnished or caused to be furnished labor, materials, and services for the construction of certain improvements to real property as more particularly set forth in said contract.3. This affidavit is executed by the Contractor in accordance with section 713.06 of the Florida Statutes for the purposes of obtaining final payment from the Owner in the amount of $,4. All work to be performed under the contract has been fully completed, and all lienors under the direct contract have been paid in full, except the following listed lienors: NAME OF LIENOR AMOUNT DUE Signed, sealed, and delivered this day of,, By (name of affiant) (title of affiant) (name of contractor’s business) Sworn to and subscribed before me this day of by (name of affiant), who is personally known to me or produced as identification, and did take an oath.

(name of notary public) Notary Public My Commission Expires: (date of expiration of commission) The contractor shall have no lien or right of action against the owner for labor, services, or materials furnished under the direct contract while in default for not giving the owner the affidavit; however, the negligent inclusion or omission of any information in the affidavit which has not prejudiced the owner does not constitute a default that operates to defeat an otherwise valid lien.

The contractor shall execute the affidavit and deliver it to the owner at least 5 days before instituting an action as a prerequisite to the institution of any action to enforce his or her lien under this chapter, even if the final payment has not become due because the contract is terminated for a reason other than completion and regardless of whether the contractor has any lienors working under him or her or not.2.  If the contractor’s affidavit required in this subsection recites any outstanding bills for labor, services, or materials, the owner may, after giving the contractor at least 10 days’ written notice, pay such bills in full direct to the person or firm to which they are due, if the balance due on a direct contract at the time the affidavit is given is sufficient to pay them and lienors giving notice, and shall deduct the amounts so paid from the balance due the contractor.

Lienors listed in said affidavit not giving notice, whose 45-day notice time has not expired, shall be paid in full or pro rata, as appropriate, from any balance then remaining due the contractor; but no lienor whose notice time has expired shall be paid by the owner or by any other person except the person with whom that lienor has a contract.3.  If the balance due is not sufficient to pay in full all lienors listed in the affidavit and entitled to payment from the owner under this part and other lienors giving notice, the owner shall pay no money to anyone until such time as the contractor has furnished him or her with the difference; however, if the contractor fails to furnish the difference within 10 days from delivery of the affidavit or notice from the owner to the contractor to furnish the affidavit, the owner shall determine the amount due each lienor and shall disburse to them the amounts due from him or her on a direct contract in accordance with the procedure established by subsection (4).4.  The owner shall have the right to rely on the contractor’s affidavit given under this paragraph in making the final payment, unless there are lienors giving notice who are not listed in the affidavit.

If there are lienors giving notice who are not so listed, the owner may pay such lienors and any persons listed in the affidavit that are entitled to be paid by the owner under subparagraph 2. and shall thereupon be discharged of any further responsibility under the direct contract, except for any balance that may be due to the contractor.5.  The owner shall retain the final payment due under the direct contract that shall not be disbursed until the contractor’s affidavit under subparagraph 1.

has been furnished to the owner.6.  When final payment has become due to the contractor and the owner fails to withhold as required by subparagraph 5., the property improved shall be subject to the full amount of all valid liens of which the owner has notice at the time the contractor furnishes his or her affidavit.

  1. E)  If the improvement is abandoned before completion, the owner shall determine the amount due each lienor giving notice and shall pay the same in full or prorate in the same manner as provided in subsection (4).
  2. F)  No contractor shall have any right to require the owner to pay any money to him or her under a direct contract if such money cannot be properly paid by the owner to the contractor in accordance with this section.

(g)  Except with written consent of the contractor, before paying any money directly to any lienor except the contractor or any laborer, the owner shall give the contractor at least 10 days’ written notice of his or her intention to do so, and the amount he or she proposes to pay each lienor.

H)  When the owner has properly retained all sums required in this section to be retained but has otherwise made improper payments, the owner’s real property shall be liable to all laborers, subcontractors, sub-subcontractors, and materialmen complying with this chapter only to the extent of the retentions and the improper payments, notwithstanding the other provisions of this subsection.

Any money paid by the owner on a direct contract, the payment of which is proved to have caused no detriment to any certain lienor, shall be held properly paid as to the lienor, and if any of the money shall be held not properly paid as to any other lienors, the entire benefit of its being held not properly paid as to them shall go to the lienors.

(4)(a)  In determining the amounts for which liens between lienors claiming under a direct contract shall be paid by the owner or allowed by the court within the total amount fixed by the direct contract and under the provisions of this section, the owner or court shall pay or allow such liens in the following order: 1.  Liens of all laborers.2.  Liens of all persons other than the contractor.3.  Lien of the contractor.

(b)  Should the total amount for which liens under such direct contract may be allowed be less than the total amount of liens under such contract in all classes above mentioned, all liens in a class shall be allowed for their full amounts before any liens shall be allowed to any subsequent class.

Should the amount applicable to the liens of any single class be insufficient to permit all liens within that class to be allowed for their full amounts, each lien shall be allowed for its pro rata share of the total amount applicable to liens of that class; but if the same labor, services, or materials shall be covered by liens of more than one class, such labor, services, or materials shall be allowed only in the earliest class by which they shall be covered; and also if the same labor, services, or materials shall be covered by liens of two or more lienors of the same class, such labor, services, or materials shall be allowed only in the lien of the lienor farthest removed from the contractor.

This section shall not be construed to affect the priority of liens derived under separate direct contracts. History. — s.1, ch.63-135; ss.4, 5, ch.65-456; s.35, ch.67-254; s.1, ch.75-227; s.5, ch.77-353; s.4, ch.80-97; s.3, ch.87-74; s.4, ch.90-109; s.1, ch.93-99; s.318, ch.94-119; s.229, ch.94-218; s.2, ch.96-383; s.1764, ch.97-102; s.2, ch.97-219; s.3, ch.98-135; s.3, ch.99-386; ss.2, 3, ch.2003-177.

  1. Note. — Former s.84.061.713.07  Priority of liens.
  2. 1)  Liens under ss.713.03 and 713.04 shall attach at the time of recordation of the claim of lien and shall take priority as of that time.
  3. 2)  Liens under ss.713.05 and 713.06 shall attach and take priority as of the time of recordation of the notice of commencement, but in the event a notice of commencement is not filed, then such liens shall attach and take priority as of the time the claim of lien is recorded.

(3)  All such liens shall have priority over any conveyance, encumbrance or demand not recorded against the real property prior to the time such lien attached as provided herein, but any conveyance, encumbrance or demand recorded prior to the time such lien attaches and any proceeds thereof, regardless of when disbursed, shall have priority over such liens.

(4)  If construction ceases or the direct contract is terminated before completion and the owner desires to recommence construction, he or she may pay all lienors in full or pro rata in accordance with s.713.06(4) prior to recommencement in which event all liens for the recommenced construction shall take priority from such recommencement; or the owner may record an affidavit in the clerk’s office stating his or her intention to recommence construction and that all lienors giving notice have been paid in full except those listed therein as not having been so paid in which event 30 days after such recording, the rights of any person acquiring any interest, lien, or encumbrance on said property or of any lienor on the recommenced construction shall be paramount to any lien on the prior construction unless such prior lienor records a claim of lien within said 30-day period.

A copy of said affidavit shall be served on each lienor named therein. Before recommencing, the owner shall record and post a notice of commencement for the recommenced construction, as provided in s.713.13. History. — s.1, ch.63-135; s.6, ch.65-456; s.35, ch.67-254; s.804, ch.97-102; s.6, ch.2007-221.

Note. — Former s.84.071.713.08  Claim of lien. — (1)  For the purpose of perfecting her or his lien under this part, every lienor, including laborers and persons in privity, shall record a claim of lien which shall state: (a)  The name of the lienor and the address where notices or process under this part may be served on the lienor.

(b)  The name of the person with whom the lienor contracted or by whom she or he was employed. (c)  The labor, services, or materials furnished and the contract price or value thereof. Materials specially fabricated at a place other than the site of the improvement for incorporation in the improvement but not so incorporated and the contract price or value thereof shall be separately stated in the claim of lien.

(d)  A description of the real property sufficient for identification. (e)  The name of the owner. (f)  The time when the first and the last item of labor or service or materials was furnished. (g)  The amount unpaid the lienor for such labor or services or materials and for unpaid finance charges due under the lienor’s contract.

(h)  If the lien is claimed by a person not in privity with the owner, the date and method of service of the notice to owner. If the lien is claimed by a person not in privity with the contractor or subcontractor, the date and method of service of the copy of the notice on the contractor or subcontractor.

  1. 2)  The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.
  2. 3)  The claim of lien shall be sufficient if it is in substantially the following form, and includes the following warning: WARNING! THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN.

UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.

CLAIM OF LIEN State of County of Before me, the undersigned notary public, personally appeared, who was duly sworn and says that she or he is (the lienor herein) (the agent of the lienor herein ), whose address is ; and that in accordance with a contract with, lienor furnished labor, services, or materials consisting of on the following described real property in County, Florida: (Legal description of real property) owned by of a total value of $, of which there remains unpaid $, and furnished the first of the items on, (year), and the last of the items on, (year) ; and (if the lien is claimed by one not in privity with the owner) that the lienor served her or his notice to owner on, (year), by ; and (if required) that the lienor served copies of the notice on the contractor on, (year), by and on the subcontractor,, on, (year), by,

(Signature) Sworn to (or affirmed) and subscribed before me this day of, (year), by (name of person making statement), (Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced However, the negligent inclusion or omission of any information in the claim of lien which has not prejudiced the owner does not constitute a default that operates to defeat an otherwise valid lien.

  1. 4)(a)  The omission of any of the foregoing details or errors in such claim of lien shall not, within the discretion of the trial court, prevent the enforcement of such lien as against one who has not been adversely affected by such omission or error.
  2. B)  Any claim of lien recorded as provided in this part may be amended at any time during the period allowed for recording such claim of lien, provided that such amendment shall not cause any person to suffer any detriment by having acted in good faith in reliance upon such claim of lien as originally recorded.

Any amendment of the claim of lien shall be recorded in the same manner as provided for recording the original claim of lien. (c)  The claim of lien shall be served on the owner. Failure to serve any claim of lien in the manner provided in s.713.18 before recording or within 15 days after recording shall render the claim of lien voidable to the extent that the failure or delay is shown to have been prejudicial to any person entitled to rely on the service.

  • 5)  The claim of lien may be recorded at any time during the progress of the work or thereafter but not later than 90 days after the final furnishing of the labor or services or materials by the lienor.
  • However, if the original contract is terminated under s.713.07(4), a claim for a lien attaching prior to such termination may not be recorded after 90 days following the date of such termination or 90 days after the final furnishing of labor, services, or materials by the lienor, whichever occurs first.

The claim of lien shall be recorded in the clerk’s office. If such real property is situated in two or more counties, the claim of lien shall be recorded in the clerk’s office in each of such counties. The recording of the claim of lien shall be constructive notice to all persons of the contents and effect of such claim.

  1. The validity of the lien and the right to record a claim therefor shall not be affected by the insolvency, bankruptcy, or death of the owner before the claim of lien is recorded. History.
  2. S.1, ch.63-135; s.7, ch.65-456; s.35, ch.67-254; s.6, ch.77-353; s.5, ch.80-97; s.4, ch.92-286; s.3, ch.96-383; s.1765, ch.97-102; s.13, ch.98-246; s.4, ch.99-386; s.4, ch.2003-177; s.8, ch.2005-227; s.7, ch.2007-221.

Note. — Former s.84.081.713.09  Single claim of lien. — A lienor is required to record only one claim of lien covering his or her entire demand against the real property when the amount demanded is for labor or services or material furnished for more than one improvement under the same direct contract.

The single claim of lien is sufficient even though the improvement is for one or more improvements located on separate lots, parcels, or tracts of land. If materials to be used on one or more improvements on separate lots, parcels, or tracts of land under one direct contract are delivered by a lienor to a place designated by the person with whom the materialman contracted, other than the site of the improvement, the delivery to the place designated is prima facie evidence of delivery to the site of the improvement and incorporation in the improvement.

The single claim of lien may be limited to a part of multiple lots, parcels, or tracts of land and their improvements or may cover all of the lots, parcels, or tracts of land and improvements. In each claim of lien under this section, the owner under the direct contract must be the same person for all lots, parcels, or tracts of land against which a single claim of lien is recorded.

  1. History. — s.1, ch.63-135; s.8, ch.65-456; s.35, ch.67-254; s.6, ch.80-97; s.5, ch.90-109; s.805, ch.97-102. Note.
  2. Former s.84.091.713.10  Extent of liens.
  3. 1)  Except as provided in s.713.12, a lien under this part shall extend to, and only to, the right, title, and interest of the person who contracts for the improvement as such right, title, and interest exists at the commencement of the improvement or is thereafter acquired in the real property.

When an improvement is made by a lessee in accordance with an agreement between such lessee and her or his lessor, the lien shall extend also to the interest of such lessor. (2)(a)  When the lease expressly provides that the interest of the lessor shall not be subject to liens for improvements made by the lessee, the lessee shall notify the contractor making any such improvements of such provision or provisions in the lease, and the knowing or willful failure of the lessee to provide such notice to the contractor shall render the contract between the lessee and the contractor voidable at the option of the contractor.

B)  The interest of the lessor is not subject to liens for improvements made by the lessee when: 1.  The lease, or a short form or a memorandum of the lease that contains the specific language in the lease prohibiting such liability, is recorded in the official records of the county where the premises are located before the recording of a notice of commencement for improvements to the premises and the terms of the lease expressly prohibit such liability; or 2.  The terms of the lease expressly prohibit such liability, and a notice advising that leases for the rental of premises on a parcel of land prohibit such liability has been recorded in the official records of the county in which the parcel of land is located before the recording of a notice of commencement for improvements to the premises, and the notice includes the following: a.  The name of the lessor.b.  The legal description of the parcel of land to which the notice applies.c.  The specific language contained in the various leases prohibiting such liability.d.  A statement that all or a majority of the leases entered into for premises on the parcel of land expressly prohibit such liability.3.  The lessee is a mobile home owner who is leasing a mobile home lot in a mobile home park from the lessor.

A notice that is consistent with subparagraph 2. effectively prohibits liens for improvements made by a lessee even if other leases for premises on the parcel do not expressly prohibit liens or if provisions of each lease restricting the application of liens are not identical.

3)  Any contractor or lienor under contract to furnish labor, services, or materials for improvements being made by a lessee may serve written demand on the lessor for a copy of the provision in the lease prohibiting liability for improvements made by the lessee, which copy shall be verified under s.92.525.

The demand must identify the lessee and the premises being improved and must be in a document that is separate from the notice to the owner as provided in s.713.06(2). The interest of any lessor who does not serve a verified copy of the lease provision within 30 days after demand, or who serves a false or fraudulent copy, is subject to a lien under this part by the contractor or lienor who made the demand if the contractor or lienor has otherwise complied with this part and did not have actual notice that the interest of the lessor was not subject to a lien for improvements made by the lessee.

The written demand must include a warning in conspicuous type in substantially the following form: WARNING YOUR FAILURE TO SERVE THE REQUESTED VERIFIED COPY WITHIN 30 DAYS OR THE SERVICE OF A FALSE COPY MAY RESULT IN YOUR PROPERTY BEING SUBJECT TO THE CLAIM OF LIEN OF THE PERSON REQUESTING THE VERIFIED COPY.

History. — s.1, ch.63-135; s.35, ch.67-254; s.1, ch.85-103; s.1, ch.92-148; s.806, ch.97-102; s.1, ch.2011-212; s.4, ch.2012-211. Note. — Former s.84.101.713.11  Liens for improving land in which the contracting party has no interest. — When the person contracting for improving real property has no interest as owner in the land, no lien shall attach to the land, except as provided in s.713.12, but if removal of such improvement from the land is practicable, the lien of a lienor shall attach to the improvement on which he or she has performed labor or services or for which he or she has furnished materials.

  • The court, in the enforcement of such lien, may order such improvement to be separately sold and the purchaser may remove it within such reasonable time as the court may fix.
  • The purchase price for such improvement shall be paid into court.
  • The owner of the land upon which the improvement was made may demand that the land be restored substantially to its condition before the improvement was commenced, in which case the court shall order its restoration and the reasonable charge therefor shall be first paid out of such purchase price and the remainder shall be paid to lienors and other encumbrancers in accordance with their respective rights.

History. — s.1, ch.63-135; s.35, ch.67-254; s.807, ch.97-102. Note. — Former s.84.111.713.12  Liens for improving real property under contract with husband or wife on property of the other or of both. — When the contract for improving real property is made with a husband or wife who is not separated and living apart from his or her spouse and the property is owned by the other or by both, the spouse who contracts shall be deemed to be the agent of the other to the extent of subjecting the right, title, or interest of the other in said property to liens under this part unless such other shall, within 10 days after learning of such contract, give the contractor and record in the clerk’s office, notice of his or her objection thereto.

History. — s.1, ch.63-135; s.35, ch.67-254. Note. — Former s.84.121.713.13  Notice of commencement. — (1)(a)  Except for an improvement that is exempt pursuant to s.713.02(5), an owner or the owner’s authorized agent before actually commencing to improve any real property, or recommencing completion of any improvement after default or abandonment, whether or not a project has a payment bond complying with s.713.23, shall record a notice of commencement in the clerk’s office and forthwith post either a certified copy thereof or a notarized statement that the notice of commencement has been filed for recording along with a copy thereof.

The notice of commencement shall contain the following information: 1.  A description sufficient for identification of the real property to be improved. The description should include the legal description of the property and also should include the street address and tax folio number of the property if available or, if there is no street address available, such additional information as will describe the physical location of the real property to be improved.2.  A general description of the improvement.3.  The name and address of the owner, the owner’s interest in the site of the improvement, and the name and address of the fee simple titleholder, if other than such owner.

A lessee who contracts for the improvements is an owner as defined under s.713.01(23) and must be listed as the owner together with a statement that the ownership interest is a leasehold interest.4.  The name and address of the contractor.5.  The name and address of the surety on the payment bond under s.713.23, if any, and the amount of such bond.6.  The name and address of any person making a loan for the construction of the improvements.7.  The name and address within the state of a person other than himself or herself who may be designated by the owner as the person upon whom notices or other documents may be served under this part; and service upon the person so designated constitutes service upon the owner.

(b)  The owner, at his or her option, may designate a person in addition to himself or herself to receive a copy of the lienor’s notice as provided in s.713.06(2)(b), and if he or she does so, the name and address of such person must be included in the notice of commencement.

(c)  If the contract between the owner and a contractor named in the notice of commencement expresses a period of time for completion for the construction of the improvement greater than 1 year, the notice of commencement must state that it is effective for a period of 1 year plus any additional period of time.

Any payments made by the owner after the expiration of the notice of commencement are considered improper payments. (d)  A notice of commencement must be in substantially the following form: Permit No. Tax Folio No. NOTICE OF COMMENCEMENT State of County of The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement.1.  Description of property: (legal description of the property, and street address if available),2.  General description of improvement:,3.  Owner information or Lessee information if the Lessee contracted for the improvement: a.  Name and address:,b.  Interest in property:,c.  Name and address of fee simple titleholder (if different from Owner listed above):,4.a.  Contractor: (name and address),b.  Contractor’s phone number:,5.  Surety (if applicable, a copy of the payment bond is attached): a.  Name and address:,b.  Phone number:,c.  Amount of bond: $,6.a.  Lender: (name and address),b.  Lender’s phone number:,7.  Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes: a.  Name and address:,b.  Phone numbers of designated persons:,8.a.  In addition to himself or herself, Owner designates of to receive a copy of the Lienor’s Notice as provided in Section 713.13(1)(b), Florida Statutes.b.  Phone number of person or entity designated by owner:,9.  Expiration date of notice of commencement (the expiration date will be 1 year from the date of recording unless a different date is specified),

WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.

IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. (Signature of Owner or Lessee, or Owner’s or Lessee’s Authorized Officer/Director/Partner/Manager) (Signatory’s Title/Office) The foregoing instrument was acknowledged before me this day of, (year), by (name of person) as (type of authority, . . . e.g.

officer, trustee, attorney in fact) for (name of party on behalf of whom instrument was executed), (Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced (e)  A copy of any payment bond must be attached at the time of recordation of the notice of commencement.

The failure to attach a copy of the bond to the notice of commencement when the notice is recorded negates the exemption provided in s.713.02(6). However, if a payment bond under s.713.23 exists but was not attached at the time of recordation of the notice of commencement, the bond may be used to transfer any recorded lien of a lienor except that of the contractor by the recordation and service of a notice of bond pursuant to s.713.23(2).

The notice requirements of s.713.23 apply to any claim against the bond; however, the time limits for serving any required notices shall, at the option of the lienor, be calculated from the dates specified in s.713.23 or the date the notice of bond is served on the lienor. (f)  The giving of a notice of commencement is effective upon the filing of the notice in the clerk’s office.

(g)  The owner must sign the notice of commencement and no one else may be permitted to sign in his or her stead. (2)  If the improvement described in the notice of commencement is not actually commenced within 90 days after the recording thereof, such notice is void and of no further effect.

3)  The recording of a notice of commencement does not constitute a lien, cloud, or encumbrance on real property, but gives constructive notice that claims of lien under this part may be recorded and may take priority as provided in s.713.07. The posting of a copy does not constitute a lien, cloud, or encumbrance on real property, nor actual or constructive notice of any of them.

(4)  This section does not apply to an owner who is constructing improvements described in s.713.04. (5)(a)  A notice of commencement that is recorded within the effective period may be amended to extend the effective period, change erroneous information in the original notice, or add information that was omitted from the original notice.

  • However, in order to change contractors, a new notice of commencement or notice of recommencement must be executed and recorded.
  • B)  The amended notice must identify the official records book and page where the original notice of commencement is recorded, and a copy of the amended notice must be served by the owner upon the contractor and each lienor who serves notice before or within 30 days after the date the amended notice is recorded.

(6)  Unless otherwise provided in the notice of commencement or a new or amended notice of commencement, a notice of commencement is not effectual in law or equity against a conveyance, transfer, or mortgage of or lien on the real property described in the notice, or against creditors or subsequent purchasers for a valuable consideration, after 1 year after the date of recording the notice of commencement.

  • 7)  A lender must, prior to the disbursement of any construction funds to the contractor, record the notice of commencement in the clerk’s office as required by this section; however, the lender is not required to post a certified copy of the notice at the construction site.
  • The posting of the notice at the construction site remains the owner’s obligation.

The failure of a lender to record the notice of commencement as required by this subsection renders the lender liable to the owner for all damages sustained by the owner as a result of the failure. Whenever a lender is required to record a notice of commencement, the lender shall designate the lender, in addition to others, to receive copies of notices to owner.

This subsection does not give any person other than the owner a claim or right of action against a lender for failure to record a notice of commencement. History. — s.1, ch.63-135; s.9, ch.65-456; s.35, ch.67-254; s.14, ch.77-353; s.7, ch.80-97; s.4, ch.88-397; s.6, ch.90-109; s.2, ch.91-102; s.4, ch.96-383; s.1766, ch.97-102; s.14, ch.98-246; s.6, ch.2001-211; s.9, ch.2005-227; s.8, ch.2007-221; s.2, ch.2011-212; s.5, ch.2012-211.

Note. — Former s.84.131.713.132  Notice of termination. — (1)  An owner may terminate the period of effectiveness of a notice of commencement by executing, swearing to, and recording a notice of termination that contains: (a)  The same information as the notice of commencement; (b)  The recording office document book and page reference numbers and date of the notice of commencement; (c)  A statement of the date as of which the notice of commencement is terminated, which date may not be earlier than 30 days after the notice of termination is recorded; (d)  A statement specifying that the notice applies to all the real property subject to the notice of commencement or specifying the portion of such real property to which it applies; (e)  A statement that all lienors have been paid in full; and (f)  A statement that the owner has, before recording the notice of termination, served a copy of the notice of termination on the contractor and on each lienor who has a direct contract with the owner or who has served a notice to owner.

The owner is not required to serve a copy of the notice of termination on any lienor who has executed a waiver and release of lien upon final payment in accordance with s.713.20. (2)  An owner has the right to rely on a contractor’s affidavit given under s.713.06(3)(d), except with respect to lienors who have already given notice, in connection with the execution, swearing to, and recording of a notice of termination.

However, the notice of termination must be accompanied by the contractor’s affidavit. (3)  An owner may not record a notice of termination except after completion of construction, or after construction ceases before completion and all lienors have been paid in full or pro rata in accordance with s.713.06(4).

If an owner or a contractor, by fraud or collusion, knowingly makes any fraudulent statement or affidavit in a notice of termination or any accompanying affidavit, the owner and the contractor, or either of them, as the case may be, is liable to any lienor who suffers damages as a result of the filing of the fraudulent notice of termination; and any such lienor has a right of action for damages occasioned thereby.

(4)  A notice of termination is effective to terminate the notice of commencement at the later of 30 days after recording of the notice of termination or the date stated in the notice of termination as the date on which the notice of commencement is terminated, if the notice of termination has been served pursuant to paragraph (1)(f) on the contractor and on each lienor who has a direct contract with the owner or who has served a notice to owner.

History. — s.7, ch.90-109; s.5, ch.92-286; s.3, ch.97-219; s.4, ch.98-135; s.7, ch.2012-211.713.135  Notice of commencement and applicability of lien. — (1)  When any person applies for a building permit, the authority issuing such permit shall: (a)  Print on the face of each permit card in no less than 14-point, capitalized, boldfaced type: “WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.

A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.” (b)  Provide the applicant and the owner of the real property upon which improvements are to be constructed with a printed statement stating that the right, title, and interest of the person who has contracted for the improvement may be subject to attachment under the Construction Lien Law.

The Department of Business and Professional Regulation shall furnish, for distribution, the statement described in this paragraph, and the statement must be a summary of the Construction Lien Law and must include an explanation of the provisions of the Construction Lien Law relating to the recording, and the posting of copies, of notices of commencement and a statement encouraging the owner to record a notice of commencement and post a copy of the notice of commencement in accordance with s.713.13.

The statement must also contain an explanation of the owner’s rights if a lienor fails to furnish the owner with a notice as provided in s.713.06(2) and an explanation of the owner’s rights as provided in s.713.22. The authority that issues the building permit must obtain from the Department of Business and Professional Regulation the statement required by this paragraph and must mail, deliver by electronic mail or other electronic format or facsimile, or personally deliver that statement to the owner or, in a case in which the owner is required to personally appear to obtain the permit, provide that statement to any owner making improvements to real property consisting of a single or multiple family dwelling up to and including four units.

However, the failure by the authorities to provide the summary does not subject the issuing authority to liability. (c)  In addition to providing the owner with the statement as required by paragraph (b), inform each applicant who is not the person whose right, title, and interest is subject to attachment that, as a condition to the issuance of a building permit, the applicant must promise in good faith that the statement will be delivered to the person whose property is subject to attachment.

(d)  Furnish to the applicant two or more copies of a form of notice of commencement conforming with s.713.13. If the direct contract is greater than $2,500, the applicant shall file with the issuing authority prior to the first inspection either a certified copy of the recorded notice of commencement or a notarized statement that the notice of commencement has been filed for recording, along with a copy thereof.

In the absence of the filing of a certified copy of the recorded notice of commencement, the issuing authority or a private provider performing inspection services may not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, or any other means such certified copy with the issuing authority.

The certified copy of the notice of commencement must contain the name and address of the owner, the name and address of the contractor, and the location or address of the property being improved. The issuing authority shall verify that the name and address of the owner, the name of the contractor, and the location or address of the property being improved which is contained in the certified copy of the notice of commencement is consistent with the information in the building permit application.

  • The issuing authority shall provide the recording information on the certified copy of the recorded notice of commencement to any person upon request.
  • This subsection does not require the recording of a notice of commencement prior to the issuance of a building permit.
  • If a local government requires a separate permit or inspection for installation of temporary electrical service or other temporary utility service, land clearing, or other preliminary site work, such permits may be issued and such inspections may be conducted without providing the issuing authority with a certified copy of a recorded notice of commencement or a notarized statement regarding a recorded notice of commencement.

This subsection does not apply to a direct contract to repair or replace an existing heating or air-conditioning system in an amount less than $7,500. (e)  Not require that a notice of commencement be recorded as a condition of the application for, or processing or issuance of, a building permit.

  1. However, this paragraph does not modify or waive the inspection requirements set forth in this subsection.
  2. 2)  An issuing authority under subsection (1) is not liable in any civil action for the failure of the person whose property is subject to attachment to receive or to be delivered a printed statement stating that the right, title, and interest of the person who has contracted for the improvement may be subject to attachment under the Construction Lien Law.

(3)  An issuing authority under subsection (1) is not liable in any civil action for the failure to verify that a certified copy of the recorded notice of commencement has been filed in accordance with this section. (4)  The several boards of county commissioners, municipal councils, or other similar bodies may by ordinance or resolution establish reasonable fees for furnishing copies of the forms and the printed statement provided in paragraphs (1)(b) and (d) in an amount not to exceed $5 to be paid by the applicant for each permit in addition to all other costs of the permit; however, no forms or statement need be furnished, mailed, or otherwise provided to, nor may such additional fee be obtained from, applicants for permits in those cases in which the owner of a legal or equitable interest (including that of ownership of stock of a corporate landowner) of the real property to be improved is engaged in the business of construction of buildings for sale to others and intends to make the improvements authorized by the permit on the property and upon completion will offer the improved real property for sale.

(5)  In addition to any other information required by the authority issuing the permit, each building permit application must contain: (a)  The name and address of the owner of the real property; (b)  The name and address of the contractor; (c)  A description sufficient to identify the real property to be improved; and (d)  The number or identifying symbol assigned to the building permit by the issuing authority, which number or symbol must be affixed to the application by the issuing authority.

(6)(a)  In addition to any other information required by the authority issuing the permit, the building permit application must be in substantially the following form: Tax Folio No. BUILDING PERMIT APPLICATION Owner’s Name Owner’s Address Fee Simple Titleholder’s Name (If other than owner) Fee Simple Titleholder’s Address (If other than owner) City State Zip Contractor’s Name Contractor’s Address City State Zip Job Name Job Address City County Legal Description Bonding Company Bonding Company Address City State Architect/Engineer’s Name Architect/Engineer’s Address Mortgage Lender’s Name Mortgage Lender’s Address Application is hereby made to obtain a permit to do the work and installations as indicated.

I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS, and AIR CONDITIONERS, etc.

OWNER’S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.

  • A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.
  • IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.
  • Signature of Owner or Agent) (including contractor) STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me this day of, (year), by (name of person making statement),

(Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced (Signature of Contractor) STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me this day of, (year), by (name of person making statement),

(Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced (Certificate of Competency Holder) Contractor’s State Certification or Registration No. Contractor’s Certificate of Competency No.

APPLICATION APPROVED BY Permit Officer (b)1.  Consistent with the requirements of paragraph (a), an authority responsible for issuing building permits under this section may accept a building permit application in an electronic format, as prescribed by the authority.

Building permit applications submitted to the authority electronically must contain the following additional statement in lieu of the requirement in paragraph (a) that a signed, sworn, and notarized signature of the owner or agent and the contractor be part of the owner’s affidavit: OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty of perjury, I declare that all the information contained in this building permit application is true and correct.2.  For purposes of implementing a “United States Department of Energy SunShot Initiative: Rooftop Solar Challenge” grant and the participation of county and municipal governments, including local permitting agencies under the jurisdiction of such county and municipal governments, an owner or contractor shall not be required to personally appear and provide a notarized signature when filing a building permit application, if such building permit application will be electronically submitted to the permitting authority, the application relates to a solar project, and the owner or contractor certifies the application, consistent with this paragraph, using the permitting authority’s electronic confirmation system.

For purposes of this subsection, a “solar project” means installing, uninstalling, or replacing solar panels on single-family residential property, multifamily residential property, or commercial property. (c)  An authority responsible for issuing building permit applications which accepts building permit applications in an electronic format shall provide public Internet access to the electronic building permit applications in a searchable format.

(d)  An authority responsible for issuing building permits which accepts building permit applications in an electronic format for solar projects, as defined in subparagraph (b)2., is not liable in any civil action for any inaccurate information submitted by an owner or contractor using the authority’s electronic confirmation system.

(7)  This section applies to every municipality and county in the state which now has or hereafter may have a system of issuing building permits for the construction of improvements or for the alteration or repair of improvements on or to real property located within the geographic limits of the issuing authority.

History. — ss.1, 2, 3, ch.67-185; s.2, ch.78-397; s.1, ch.84-26; s.1, ch.86-247; s.4, ch.87-74; s.8, ch.90-109; s.3, ch.91-102; s.2, ch.93-99; s.230, ch.94-218; s.5, ch.96-383; s.4, ch.97-219; s.15, ch.98-246; s.71, ch.99-5; s.5, ch.99-386; s.5, ch.2003-177; s.2, ch.2006-187; s.9, ch.2007-221; s.18, ch.2012-13.713.14  Application of money to materials account.

— (1)  Any owner, contractor, subcontractor, or sub-subcontractor, in making any payment under, or properly applicable to, any contract to one with whom she or he has a running account, or with whom she or he has more than one contract, or to whom she or he is otherwise indebted, shall designate the contract under which the payment is made or the items of account to which it is to be applied.

If she or he shall fail to do so or shall make a false designation, she or he shall be liable to anyone suffering a loss in consequence for the amount of the loss. (2)  When a payment for materials is made to a subcontractor, sub-subcontractor, or materialman, the subcontractor, sub-subcontractor, or materialman shall demand of the person making the payment a designation of the account and the items of account to which the payment is to apply.

In any case in which a lien is claimed for materials furnished by a subcontractor, sub-subcontractor, or materialman, it is a defense to the claim, to the extent of the payment made, to prove that a payment made by the owner to the contractor for the materials has been paid over to the subcontractor, sub-subcontractor, or materialman, and to prove also that when such payment was received by such subcontractor, sub-subcontractor, or materialman she or he did not demand a designation of the account and of the items of account to which the payment was to be applied or, receiving a designation of its application to the account for the materials, she or he failed to apply the payment in accordance therewith.

This subsection is cumulative to any other defenses available to the person paying the materialman, subcontractor, or sub-subcontractor. History. — s.1, ch.63-135; s.35, ch.67-254; s.7, ch.77-353; s.9, ch.90-109; s.808, ch.97-102. Note. — Former s.84.141.713.15  Repossession of materials not used. — If for any reason the completion of an improvement is abandoned or though the improvement is completed, materials delivered are not used therefor, a person who has delivered materials for the improvement which have not been incorporated therein and for which he or she has not received payment may peaceably repossess and remove such materials or replevy the same and thereupon he or she shall have no lien on the real property or improvements and no right against any persons for the price thereof, but shall have the same rights in regard to the materials as if he or she had never parted with their possession.

This right to repossess and remove or replevy the materials shall not be affected by their sale, encumbrance, attachment, or transfer from the site of improvement, except that if the materials have been so transferred, the right to repossess or replevy them shall not be effective as against a purchaser or encumbrancer thereof in good faith whose interest therein is acquired after such transfer from the site of the improvement or as against a creditor attaching after such transfer.

The right of repossession and removal given by this section shall extend only to materials whose purchase price does not exceed the amount remaining due to the person repossessing but where materials have been partly paid for, the person delivering them may repossess them as allowed in this section on refunding the part of the purchase price which has been paid.

History. — s.1, ch.63-135; s.35, ch.67-254; s.809, ch.97-102. Note. — Former s.84.151.713.16  Demand for copy of contract and statements of account; form. — (1)  A copy of the contract of a lienor or owner and a statement of the amount due or to become due if fixed or ascertainable thereon must be furnished by any party thereto, upon written demand of an owner or a lienor contracting with or employed by the other party to such contract.

If the owner or lienor refuses or neglects to furnish such copy of the contract or such statement, or willfully and falsely states the amount due or to become due if fixed or ascertainable under such contract, any person who suffers any detriment thereby has a cause of action against the person refusing or neglecting to furnish the same or willfully and falsely stating the amount due or to become due for his or her damages sustained thereby.

The information contained in such copy or statement furnished pursuant to such written demand is binding upon the owner or lienor furnishing it unless actual notice of any modification is given to the person demanding the copy or statement before such person acts in good faith in reliance on it.

The person demanding such documents must pay for the reproduction thereof; and, if such person fails or refuses to do so, he or she is entitled only to inspect such documents at reasonable times and places. (2)  The owner may serve in writing a demand of any lienor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement by the lienor.

Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to owner served by such lienor and must include a description of the property and the names of the owner, the contractor, and the lienor’s customer, as set forth in the lienor’s notice to owner.

  • The failure or refusal to furnish the statement does not deprive the lienor of his or her lien if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to owner.
  • The failure or refusal to furnish the statement under oath within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person so failing or refusing to furnish such statement of his or her lien.

If the owner serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor’s last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her lien.

  • The negligent inclusion or omission of any information deprives the person of his or her lien to the extent the owner can demonstrate prejudice from such act or omission by the lienor.
  • The failure to furnish a response to a demand for statement of account does not affect the validity of any claim of lien being enforced through a foreclosure case filed before the date the demand for statement is received by the lienor.

(3)  A request for sworn statement of account must be in substantially the following form: REQUEST FOR SWORN STATEMENT OF ACCOUNT WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT, SIGNED UNDER OATH, WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR LIEN.

To: (Lienor’s name and address) The undersigned hereby demands a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement for the improvement of real property identified as (property description),

(name of contractor) (name of the lienor’s customer, as set forth in the lienor’s Notice to Owner, if such notice has been served) (signature and address of owner) (date of request for sworn statement of account) (4)  When a contractor has furnished a payment bond pursuant to s.713.23, he or she may, when an owner makes any payment to the contractor or directly to a lienor, serve a written demand on any other lienor for a written statement under oath of his or her account showing the nature of the labor or services performed and to be performed, if any, the materials furnished, the materials to be furnished, if known, the amount paid on account to date, the amount due, and the amount to become due, if known, as of the date of the statement by the lienor.

Any such demand to a lienor must be served on the lienor at the address and to the attention of any person who is designated to receive the demand in the notice to contractor served by such lienor. The demand must include a description of the property and the names of the owner, the contractor, and the lienor’s customer, as set forth in the lienor’s notice to contractor.

The failure or refusal to furnish the statement does not deprive the lienor of his or her rights under the bond if the demand is not served at the address of the lienor or directed to the attention of the person designated to receive the demand in the notice to contractor.

  1. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond.
  2. If the contractor serves more than one demand for statement of account on a lienor and none of the information regarding the account has changed since the lienor’s last response to a demand, the failure or refusal to furnish such statement does not deprive the lienor of his or her rights under the bond.

The negligent inclusion or omission of any information deprives the person of his or her rights under the bond to the extent the contractor can demonstrate prejudice from such act or omission by the lienor. The failure to furnish a response to a demand for statement of account does not affect the validity of any claim on the bond being enforced in a lawsuit filed prior to the date the demand for statement of account is received by the lienor.

5)(a)  Any lienor who is perfecting a claim of lien may serve with the claim of lien or thereafter a written demand on the owner for a written statement under oath showing: 1.  The amount of the direct contract under which the lien was recorded; 2.  The dates and amounts paid or to be paid by or on behalf of the owner for all improvements described in the direct contract; 3.  The reasonable estimated costs of completing the direct contract under which the lien was claimed pursuant to the scope of the direct contract; and 4.  If known, the actual cost of completion.

(b)  Any owner who does not provide the statement within 30 days after demand, or who provides a false or fraudulent statement, is not a prevailing party for purposes of an award of attorney fees under s.713.29. The written demand must include the following warning in conspicuous type in substantially the following form: WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING THIS STATEMENT.

  • 6)  Any written demand served on the owner must include a description of the property and the names of the contractor and the lienor’s customer, as set forth in the lienor’s notice to owner.
  • 7)  For purposes of this section, the term “information” means the nature and quantity of the labor, services, and materials furnished or to be furnished by a lienor and the amount paid, the amount due, and the amount to become due on the lienor’s account.

History. — s.1, ch.63-135; s.10, ch.65-456; s.35, ch.67-254; s.8, ch.77-353; s.10, ch.90-109; s.6, ch.92-286; s.319, ch.94-119; s.6, ch.96-383; s.1767, ch.97-102; s.6, ch.99-386; s.10, ch.2007-221; s.8, ch.2012-211. Note. — Former s.84.161.713.165  Request for list of subcontractors and suppliers.

1)  An owner of real property may request from the contractor a list of all subcontractors and suppliers who have any contract with the contractor to furnish any material or to perform any service for the contractor with respect to the owner’s real property or improvement to the real property. The request must be in writing and delivered by registered or certified mail to the address of the contractor shown in the contract or the recorded notice of commencement.

(2)  The contractor must within 10 days after receipt of the property owner’s written request, furnish to the property owner or the property owner’s agent a list of the subcontractors and suppliers who have a contract with the contractor as of the date the request is received by the contractor.

If the contractor fails to furnish the list, the contractor thereby forfeits the contractor’s right to assert a lien against the owner’s property to the extent the owner is prejudiced by the contractor’s failure to furnish the list or by any omissions from the list. (3)  A list furnished under this section shall not constitute a notice to owner.

History. — s.7, ch.95-240.713.17  Materials not attachable for debts of purchaser. — Whenever materials have been furnished to improve real property and payment therefor has not been made or waived, such materials shall not be subject to attachment, execution, or other legal process to enforce any debt due by the purchaser of such materials, except a debt due for the purchase price thereof, so long as in good faith the same are about to be applied to improve the real property; but if the owner has made payment for materials furnished and the materialman has not received payment therefor, such materials shall not be subject to attachment, execution, or other legal process to enforce the debt due for the purchase price.

History. — s.1, ch.63-135; s.35, ch.67-254. Note. — Former s.84.171.713.18  Manner of serving notices and other instruments. — (1)  Service of notices, claims of lien, affidavits, assignments, and other instruments permitted or required under this part, or copies thereof when so permitted or required, unless otherwise specifically provided in this part, must be made by one of the following methods: (a)  By actual delivery to the person to be served; if a partnership, to one of the partners; if a corporation, to an officer, director, managing agent, or business agent; or, if a limited liability company, to a member or manager.

(b)  By common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (c)  By posting on the site of the improvement if service as provided by paragraph (a) or paragraph (b) cannot be accomplished.

2)  Notwithstanding subsection (1), service of a notice to owner or a preliminary notice to contractor under s.255.05, s.337.18, or s.713.23 is effective as of the date of mailing if: (a)  The notice is mailed by registered, Global Express Guaranteed, or certified mail, with postage prepaid, to the person to be served at any of the addresses set forth in subsection (3); (b)  The notice is mailed within 40 days after the date the lienor first furnishes labor, services, or materials; and (c)1.  The person who served the notice maintains a registered or certified mail log that shows the registered or certified mail number issued by the United States Postal Service, the name and address of the person served, and the date stamp of the United States Postal Service confirming the date of mailing; or 2.  The person who served the notice maintains electronic tracking records generated by the United States Postal Service containing the postal tracking number, the name and address of the person served, and verification of the date of receipt by the United States Postal Service.

(3)(a)  Service of an instrument pursuant to this section is effective on the date of mailing the instrument if it: 1.  Is sent to the last address shown in the notice of commencement or any amendment thereto or, in the absence of a notice of commencement, to the last address shown in the building permit application, or to the last known address of the person to be served; and 2.  Is returned as being “refused,” “moved, not forwardable,” or “unclaimed,” or is otherwise not delivered or deliverable through no fault of the person serving the item.

(b)  If the address shown in the notice of commencement or any amendment to the notice of commencement, or, in the absence of a notice of commencement, in the building permit application, is incomplete for purposes of mailing or delivery, the person serving the item may complete the address and properly format it according to United States Postal Service addressing standards using information obtained from the property appraiser or another public record without affecting the validity of service under this section.

(4)  A notice served by a lienor on one owner or one partner of a partnership owning the real property is deemed notice to all owners and partners. History. — s.1, ch.63-135; s.11, ch.65-456; s.35, ch.67-254; s.10, ch.87-405; s.11, ch.90-109; s.7, ch.96-383; s.1768, ch.97-102; s.5, ch.98-135; s.7, ch.99-386; ss.7, 12, ch.2001-211; s.20, ch.2003-2; s.3, ch.2006-187; s.11, ch.2007-221; s.9, ch.2012-211.

Note. — Former s.84.181.713.19  Assignment of lien. — A lien or prospective lien, except that of a laborer, may be assigned by the lienor at any time before its discharge. The assignment may be recorded in the clerk’s office. History. — s.1, ch.63-135; s.12, ch.65-456; s.35, ch.67-254. Note. — Former s.84.191.713.20  Waiver or release of liens.

— (1)  The acceptance by the lienor of an unsecured note for all or any part of the amount of his or her demand shall not constitute a waiver of his or her lien therefor unless expressly so agreed in writing, nor shall it in any way affect the period for filing the notice under s.713.06(2), or the claim of lien under s.713.08.

  • 2)  A right to claim a lien may not be waived in advance.
  • A lien right may be waived only to the extent of labor, services, or materials furnished.
  • Any waiver of a right to claim a lien that is made in advance is unenforceable.
  • 3)  Any person may at any time waive, release, or satisfy any part of his or her lien under this part, either as to the amount due for labor, services, or materials furnished or for labor, services, or materials furnished through a certain date subject to exceptions specified at the time of release, or as to any part or parcel of the real property.

(4)  When a lienor is required to execute a waiver or release of lien in exchange for, or to induce payment of, a progress payment, the waiver or release may be in substantially the following form: WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of $, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through (insert date) to (insert the name of your customer) on the job of (insert the name of the owner) to the following property: (description of property) This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified.

  • DATED on, (year),
  • Lienor) By: (5)  When a lienor is required to execute a waiver or release of lien in exchange for, or to induce payment of, the final payment, the waiver and release may be in substantially the following form: WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to (insert the name of your customer) on the job of (insert the name of the owner) to the following described property: (description of property) DATED on, (year),

(Lienor) By: (6)  A person may not require a lienor to furnish a lien waiver or release of lien that is different from the forms in subsection (4) or subsection (5). (7)  A lienor who executes a lien waiver and release in exchange for a check may condition the waiver and release on payment of the check.

  • However, in the absence of a payment bond protecting the owner, the owner may withhold from any payment to the contractor the amount of any such unpaid check until any such condition is satisfied.
  • 8)  A lien waiver or lien release that is not substantially similar to the forms in subsections (4) and (5) is enforceable in accordance with the terms of the lien waiver or lien release.

History. — s.1, ch.63-135; s.35, ch.67-254; s.5, ch.88-397; s.8, ch.96-383; s.1769, ch.97-102; s.5, ch.97-219; s.30, ch.99-6. Note. — Former s.84.202.713.21  Discharge of lien. — A lien properly perfected under 1 this chapter may be discharged by any of the following methods: (1)  By entering satisfaction of the lien upon the margin of the record thereof in the clerk’s office when not otherwise prohibited by law.

  1. This satisfaction shall be signed by the lienor, the lienor’s agent or attorney and attested by said clerk.
  2. Any person who executes a claim of lien shall have authority to execute a satisfaction in the absence of actual notice of lack of authority to any person relying on the same.
  3. 2)  By the satisfaction of the lienor, duly acknowledged and recorded in the clerk’s office.

Any person who executes a claim of lien shall have authority to execute a satisfaction in the absence of actual notice of lack of authority to any person relying on the same. (3)  By failure to begin an action to enforce the lien within the time prescribed in this part.

  1. 4)  By an order of the circuit court of the county where the property is located, as provided in this subsection.
  2. Upon filing a complaint therefor by any interested party the clerk shall issue a summons to the lienor to show cause within 20 days why his or her lien should not be enforced by action or vacated and canceled of record.

Upon failure of the lienor to show cause why his or her lien should not be enforced or the lienor’s failure to commence such action before the return date of the summons the court shall forthwith order cancellation of the lien. (5)  By recording in the clerk’s office the original or a certified copy of a judgment or decree of a court of competent jurisdiction showing a final determination of the action.

  • History. — s.1, ch.63-135; s.35, ch.67-254; s.810, ch.97-102.1 Note.
  • The language “this chapter” predates inclusion of this material in chapter 713 and, when initially included in this section’s text, referred to former chapter 84, Mechanics Liens.
  • The Florida Uniform Federal Lien Registration Act was enacted without reference to statutory placement by ch.92-25, Laws of Florida, and was added as part IV of chapter 713 by the editors.

Note. — Former s.84.211.713.22  Duration of lien. — (1)  A lien provided by this part does not continue for a longer period than 1 year after the claim of lien has been recorded or 1 year after the recording of an amended claim of lien that shows a later date of final furnishing of labor, services, or materials, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction.

  1. A lien that has been continued beyond the 1-year period by the commencement of an action is not enforceable against creditors or subsequent purchasers for a valuable consideration and without notice, unless a notice of lis pendens is recorded.
  2. 2)  An owner or the owner’s attorney may elect to shorten the time prescribed in subsection (1) within which to commence an action to enforce any claim of lien or claim against a bond or other security under s.713.23 or s.713.24 by recording in the clerk’s office a notice in substantially the following form: NOTICE OF CONTEST OF LIEN To: (Name and address of lienor) You are notified that the undersigned contests the claim of lien filed by you on, (year), and recorded in Book, Page, of the public records of County, Florida, and that the time within which you may file suit to enforce your lien is limited to 60 days from the date of service of this notice.

This day of, (year), Signed: (Owner or Attorney) The lien of any lienor upon whom such notice is served and who fails to institute a suit to enforce his or her lien within 60 days after service of such notice shall be extinguished automatically. The clerk shall serve, in accordance with s.713.18, a copy of the notice of contest to the lien claimant at the address shown in the claim of lien or most recent amendment thereto and shall certify to such service and the date of service on the face of the notice and record the notice.

  • History. — s.1, ch.63-135; s.13, ch.65-456; s.35, ch.67-254; s.9, ch.77-353; s.811, ch.97-102; s.31, ch.99-6; s.12, ch.2007-221; s.10, ch.2012-211. Note.
  • Former s.84.221.713.23  Payment bond.
  • 1)(a)  The payment bond required to exempt an owner under this part shall be furnished by the contractor in at least the amount of the original contract price before commencing the construction of the improvement under the direct contract, and a copy of the bond shall be attached to the notice of commencement when the notice of commencement is recorded.

The bond shall be executed as surety by a surety insurer authorized to do business in this state and shall be conditioned that the contractor shall promptly make payments for labor, services, and material to all lienors under the contractor’s direct contract.

  • Any form of bond given by a contractor conditioned to pay for labor, services, and material used to improve real property shall be deemed to include the condition of this subsection.
  • B)  The owner, contractor, or surety shall furnish a true copy of the bond at the cost of reproduction to any lienor demanding it.

Any person who fails or refuses to furnish the copy without justifiable cause shall be liable to the lienor demanding the copy for any damages caused by the refusal or failure. (c)  Before beginning or within 45 days after beginning to furnish labor, materials, or supplies, a lienor who is not in privity with the contractor, except a laborer, shall serve the contractor with notice in writing that the lienor will look to the contractor’s bond for protection on the work.

If a notice of commencement with the attached bond is not recorded before commencement of construction, the lienor not in privity with the contractor may, in the alternative, elect to serve the notice to the contractor up to 45 days after the date the lienor is served with a copy of the bond. A notice to owner pursuant to s.713.06 that has been timely served on the contractor satisfies the requirements of this paragraph.

However, the limitation period for commencement of an action on the payment bond as established in paragraph (e) may not be expanded. The notice may be in substantially the following form and may be combined with a notice to owner given under s.713.06 and, if so, may be entitled “NOTICE TO OWNER/NOTICE TO CONTRACTOR”: NOTICE TO CONTRACTOR To (name and address of contractor) The undersigned hereby informs you that he or she has furnished or is furnishing services or materials as follows: (general description of services or materials) for the improvement of the real property identified as (property description) under an order given by (lienor’s customer),

This notice is to inform you that the undersigned intends to look to the contractor’s bond to secure payment for the furnishing of materials or services for the improvement of the real property. (name of lienor) (signature of lienor or lienor’s representative) (date) (lienor’s address) (d)  In addition, a lienor is required, as a condition precedent to recovery under the bond, to serve a written notice of nonpayment to the contractor and the surety not later than 90 days after the final furnishing of labor, services, or materials by the lienor.

A written notice satisfies this condition precedent with respect to the payment described in the notice of nonpayment, including unpaid finance charges due under the lienor’s contract, and with respect to any other payments which become due to the lienor after the date of the notice of nonpayment.

The time period for serving a written notice of nonpayment shall be measured from the last day of furnishing labor, services, or materials by the lienor and shall not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion.

The failure of a lienor to receive retainage sums not in excess of 10 percent of the value of labor, services, or materials furnished by the lienor is not considered a nonpayment requiring the service of the notice provided under this paragraph. If the payment bond is not recorded before commencement of construction, the time period for the lienor to serve a notice of nonpayment may at the option of the lienor be calculated from the date specified in this section or the date the lienor is served a copy of the bond.

However, the limitation period for commencement of an action on the payment bond as established in paragraph (e) may not be expanded. The notice under this paragraph may be in substantially the following form: NOTICE OF NONPAYMENT To (name of contractor and address) (name of surety and address) The undersigned notifies you that he or she has furnished (describe labor, services, or materials) for the improvement of the real property identified as (property description),

The amount now due and unpaid is $, (signature and address of lienor) (e)  An action for the labor or materials or supplies may not be instituted or prosecuted against the contractor or surety unless both notices have been given, if required by this section.

An action may not be instituted or prosecuted against the contractor or against the surety on the bond under this section after 1 year from the performance of the labor or completion of delivery of the materials and supplies. The time period for bringing an action against the contractor or surety on the bond shall be measured from the last day of furnishing labor, services, or materials by the lienor.

The time period may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. A contractor or the contractor’s attorney may elect to shorten the time within which an action to enforce any claim against a payment bond provided under this section or s.713.245 must be commenced at any time after a notice of nonpayment, if required, has been served for the claim by recording in the clerk’s office a notice in substantially the following form: NOTICE OF CONTEST OF CLAIM AGAINST PAYMENT BOND To: (Name and address of lienor) You are notified that the undersigned contests your notice of nonpayment, dated,, and served on the undersigned on,, and that the time within which you may file suit to enforce your claim is limited to 60 days from the date of service of this notice.

  • DATED on,,
  • Signed: (Contractor or Attorney) The claim of any lienor upon whom the notice is served and who fails to institute a suit to enforce his or her claim against the payment bond within 60 days after service of the notice shall be extinguished automatically.
  • The contractor or the contractor’s attorney shall serve a copy of the notice of contest to the lienor at the address shown in the notice of nonpayment or most recent amendment thereto and shall certify to such service on the face of the notice and record the notice.

(f)  A lienor has a direct right of action on the bond against the surety. Any provision in a payment bond issued on or after October 1, 2012, which further restricts the classes of persons who are protected by the payment bond, which restricts the venue of any proceeding relating to such payment bond, which limits or expands the effective duration of the payment bond, or which adds conditions precedent to the enforcement of a claim against a payment bond beyond those provided in this part is unenforceable.

The surety is not entitled to the defense of pro tanto discharge as against any lienor because of changes or modifications in the contract to which the surety is not a party; but the liability of the surety may not be increased beyond the penal sum of the bond. A lienor may not waive in advance his or her right to bring an action under the bond against the surety.

(2)  The bond shall secure every lien under the direct contract accruing subsequent to its execution and delivery, except that of the contractor. Every claim of lien, except that of the contractor, filed subsequent to execution and delivery of the bond shall be transferred to it with the same effect as liens transferred under s.713.24.

Record notice of the transfer shall be effected by the contractor, or any person having an interest in the property against which the claim of lien has been asserted, by recording in the clerk’s office a notice, with the bond attached, in substantially the following form: NOTICE OF BOND To (Name and Address of Lienor) You are notified that the claim of lien filed by you on,, and recorded in Official Records Book at page of the public records of County, Florida, is secured by a bond, a copy being attached.

Signed: (Name of person recording notice) The notice shall be verified. The person recording the notice of bond shall serve a copy of the notice with a copy of the bond to the lienor at the address shown in the claim of lien, or the most recent amendment to it; shall certify to the service on the face of the notice; and shall record the notice.

3)  A payment bond in substantially the following form shall be sufficient: PAYMENT BOND BY THIS BOND We,, as Principal, and, a corporation, as Surety, are bound to, herein called Owner, in the sum of $ for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.

THE CONDITION OF THIS BOND is that if Principal: 1. Promptly makes payments to all lienors supplying labor, material, and supplies used directly or indirectly by Principal in the prosecution of the work provided in the contract dated,, between Principal and Owner for construction of, the contract being made a part of this bond by reference; and 2. Pays Owner all loss, damage, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of default by Principal under paragraph 1.

of this bond; then this bond is void; otherwise, it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with formalities connected with the contract or with the changes do not affect Surety’s obligation under this bond. DATED on,, (Principal)  (SEAL) (Surety’s name) By As Attorney in Fact (4)  The provisions of s.713.24(3) apply to bonds under this section except when those provisions conflict with this section.

(5)  A waiver and release of lien pursuant to s.713.20 given by a lienor shall constitute a waiver and release in a like amount of the lienor’s right to make a claim against a payment bond under this section. History. — s.1, ch.63-135; s.14, ch.65-456; s.35, ch.67-254; s.10, ch.77-353; s.8, ch.80-97; s.5, ch.87-74; s.6, ch.88-397; s.12, ch.90-109; s.812, ch.97-102; s.6, ch.98-135; s.32, ch.99-6; s.8, ch.99-386; s.8, ch.2001-211; s.10, ch.2005-227; s.11, ch.2012-211.

  1. Note. — Former s.84.231.713.235  Waivers of right to claim against payment bond; forms.
  2. 1)  When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to s.713.23 or s.713.245, in exchange for, or to induce payment of, a progress payment, the waiver may be in substantially the following form: WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (PROGRESS PAYMENT) The undersigned, in consideration of the sum of $ hereby waives its right to claim against the payment bond for labor, services, or materials furnished through (insert date), to (insert the name of your customer) on the job of (insert the name of the owner), for improvements to the following described project: (description of project) This waiver does not cover any retention or any labor, services, or materials furnished after the date specified.

DATED on (Lienor) By: (2)  When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to s.713.23 or s.713.245, in exchange for, or to induce payment of, the final payment, the waiver may be in substantially the following form: WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) The undersigned, in consideration of the final payment in the amount of $, hereby waives its right to claim against the payment bond for labor, services, or materials furnished to (insert the name of your customer) on the job of (insert the name of the owner), for improvements to the following described project: (description of project) DATED on (Lienor) By: (3)  A person may not require a claimant to furnish a waiver that is different from the forms in subsections (1) and (2).

  • 4)  A person who executes a waiver in exchange for a check may condition the waiver on payment of the check.
  • 5)  A waiver that is not substantially similar to the forms in this section is enforceable in accordance with its terms. History.
  • S.7, ch.98-135.713.24  Transfer of liens to security.
  • 1)  Any lien claimed under this part may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by either: (a)  Depositing in the clerk’s office a sum of money, or (b)  Filing in the clerk’s office a bond executed as surety by a surety insurer licensed to do business in this state, either to be in an amount equal to the amount demanded in such claim of lien, plus interest thereon at the legal rate for 3 years, plus $1,000 or 25 percent of the amount demanded in the claim of lien, whichever is greater, to apply on any attorney’s fees and court costs that may be taxed in any proceeding to enforce said lien.
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Such deposit or bond shall be conditioned to pay any judgment or decree which may be rendered for the satisfaction of the lien for which such claim of lien was recorded. Upon making such deposit or filing such bond, the clerk shall make and record a certificate showing the transfer of the lien from the real property to the security and shall mail a copy thereof by registered or certified mail to the lienor named in the claim of lien so transferred, at the address stated therein.

  • Upon filing the certificate of transfer, the real property shall thereupon be released from the lien claimed, and such lien shall be transferred to said security.
  • In the absence of allegations of privity between the lienor and the owner, and subject to any order of the court increasing the amount required for the lien transfer deposit or bond, no other judgment or decree to pay money may be entered by the court against the owner.

The clerk shall be entitled to a service charge for making and serving the certificate, in the amount of up to $20. If the transaction involves the transfer of multiple liens, an additional charge of up to $10 for each additional lien shall be charged.

For recording the certificate and approving the bond, the clerk shall receive her or his usual statutory service charges as prescribed in s.28.24. Any number of liens may be transferred to one such security. (2)  Any excess of the security over the aggregate amount of any judgments or decrees rendered plus costs actually taxed shall be repaid to the party filing the same or her or his successor in interest.

Any deposit of money shall be considered as paid into court and shall be subject to the provisions of law relative to payments of money into court and the disposition of same. (3)  Any party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit court of the county where such security is deposited, or file a motion in a pending action to enforce a lien, for an order to require additional security, reduction of security, change or substitution of sureties, payment of discharge thereof, or any other matter affecting said security.

If the court finds that the amount of the deposit or bond in excess of the amount claimed in the claim of lien is insufficient to pay the lienor’s attorney’s fees and court costs incurred in the action to enforce the lien, the court must increase the amount of the cash deposit or lien transfer bond.

Nothing in this section shall be construed to vest exclusive jurisdiction in the circuit courts over transfer bond claims for nonpayment of an amount within the monetary jurisdiction of the county courts. (4)  If a proceeding to enforce a transferred lien is not commenced within the time specified in s.713.22 or if it appears that the transferred lien has been satisfied of record, the clerk shall return said security upon request of the person depositing or filing the same, or the insurer.

If a proceeding to enforce a lien is commenced in a court of competent jurisdiction within the time specified in s.713.22 and, during such proceeding, the lien is transferred pursuant to this section or s.713.13(1)(e), an action commenced within 1 year after the transfer, unless otherwise shortened by operation of law, in the same county or circuit court to recover against the security shall be deemed to have been brought as of the date of filing the action to enforce the lien, and the court shall have jurisdiction over the action.

History. — s.1, ch.63-135; s.15, ch.65-456; s.35, ch.67-254; s.6, ch.77-354; s.6, ch.87-74; s.813, ch.97-102; s.8, ch.98-135; s.111, ch.2003-402; s.73, ch.2004-265; s.11, ch.2005-227; s.38, ch.2008-111. Note. — Former s.84.241.713.245  Conditional payment bond.

— (1)  Notwithstanding any provisions of ss.713.23 and 713.24 to the contrary, if the contractor’s written contractual obligation to pay lienors is expressly conditioned upon and limited to the payments made by the owner to the contractor, the duty of the surety to pay lienors will be coextensive with the duty of the contractor to pay, if the following provisions are complied with: (a)  The bond is listed in the notice of commencement for the project as a conditional payment bond and is recorded together with the notice of commencement for the project prior to commencement of the project.

(b)  The words “conditional payment bond” are contained in the title of the bond at the top of the front page. (c)  The bond contains on the front page, in at least 10-point type, the statement: THIS BOND ONLY COVERS CLAIMS OF SUBCONTRACTORS, SUB-SUBCONTRACTORS, SUPPLIERS, AND LABORERS TO THE EXTENT THE CONTRACTOR HAS BEEN PAID FOR THE LABOR, SERVICES, OR MATERIALS PROVIDED BY SUCH PERSONS.

  • THIS BOND DOES NOT PRECLUDE YOU FROM SERVING A NOTICE TO OWNER OR FILING A CLAIM OF LIEN ON THIS PROJECT.
  • 2)  Except as specified in this section, all bonds issued under this section must conform to the requirements of s.713.23(1)(a), (b), (f), and (4).
  • No action shall be instituted or prosecuted against the contractor or the surety after 1 year from the date the lien is transferred to the bond.

(3)  The owner’s property is not exempt from liens filed under this part. All lienors must comply with the provisions of this part to preserve and perfect those lien rights. (4)  Within 90 days after a claim of lien is recorded for labor, services, or materials for which the contractor has been paid, the owner or the contractor may record a notice of bond as specified in s.713.23(2), together with a copy of the bond and a sworn statement in substantially the following form: CERTIFICATE OF PAYMENT TO THE CONTRACTOR TO: Lienor (name and address from claim of lien) Contractor (name and address) Surety (name and address) Under penalties of perjury, the undersigned certifies that the bond recorded with this certificate conforms with s.713.245, F.S., that the bond is in full force and effect, and that the contractor has been paid $ for the labor, services, and materials described in the Claim of Lien filed by dated, (year), and recorded, (year), in Official Records Book at Page of the Public Records of County, Florida.

Dated this day of, (year), (Owner) (Address) STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me this day of, (year), by (name of person making statement), (Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced (Contractor) (Address) STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me this day of, (year), by (name of person making statement),

(Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced Any notice of bond recorded more than 90 days after the recording of the claim of lien shall have no force or effect as to that lien unless the owner, the contractor and the surety all sign the notice of bond.

(5)  The clerk shall serve a copy of the notice, the bond, and the certificate on the contractor, the surety, and the lienor; certify to the service on the face of the notice, the bond, and the certificate; record the notice, the bond, and the certificate; and collect a fee in accordance with s.713.23(2).

(6)  The contractor may join in a certificate of payment to the contractor at any time by recording a sworn statement substantially in the following form: JOINDER IN CERTIFICATE OF PAYMENT TO: Owner (name and address from certificate of payment) Lienor (name and address from claim of lien) Surety (name and address) The undersigned joins in the Certificate of Payment to the Contractor recorded on, (year), in Official Records Book at Page of the Public Records of County, Florida, and certifies that the facts stated in the Certificate of Payment to the Contractor are true and correct.

  • Dated this day of, (year),
  • Name) (Address) STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me this day of, (year), by (name of person making statement),
  • Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced (7)  The clerk shall serve the joinder in certificate of payment on the owner, the surety, and the lienor; certify to the service on the face of the joinder; record the joinder; and collect a fee in accordance with s.713.23(2).

(8)  If the contractor disputes the certificate of payment to the contractor, the contractor must record, not later than 15 days after the date the clerk certifies service of the certificate, a sworn statement in substantially the following form: NOTICE OF CONTEST OF PAYMENT TO: Owner (name and address from certificate of payment) Lienor (name and address from claim of lien) Surety (name and address) Under penalties of perjury, the undersigned certifies that the contractor has not been paid or has only been paid $ for the labor, services, and materials described in the Certificate of Payment to the Contractor recorded in Official Records Book at Page of the Public Records of County, Florida.

  • Dated this day of, (year),
  • Name) (Address) STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me this day of, (year), by (name of person making statement),
  • Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced (9)  The clerk shall serve a copy of the notice of contest of payment on the owner, the lienor, and the surety; certify service on the face of the notice; record the notice; and collect a fee in accordance with s.713.23(2).

(10)  If the contractor has signed the certificate of payment to the contractor or the joinder in the certificate or the contractor fails to record a notice of contest of payment within 15 days after the date the clerk certifies service of a certificate of payment to the contractor signed by the owner, the lien shall transfer to the bond to the extent of payment specified in the certificate of payment to the contractor.

To the extent the lien exceeds the amount specified in the certificate of payment to the contractor, such amount shall remain as a lien on the owner’s property. The surety may assert all claims or defenses of the owner regarding the validity of the claim of lien or of the contractor regarding the amount due the lienor.

(11)  If the notice of contest of payment specifies that the contractor has been paid a portion of the amount due the lienor, the lien shall transfer to the bond to the extent of the payment specified in the notice of contest of payment. To the extent the lien exceeds the amount specified in the notice of contest of payment, such amount shall remain as a lien on the owner’s property.

The surety may assert all claims or defenses of the owner regarding the validity of the claim of lien or of the contractor regarding the amount due the lienor. (12)  If there are any material misstatements of fact made by the owner or the contractor in any certificate of payment to the contractor, or by the contractor in any notice of contest of payment, the person making the material misstatement is guilty of a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084.

The penalties apply individually and to the business entity if the false certificate is signed in a representative capacity. (13)  The certificate of payment to the contractor and the notice of contest of payment must be signed by the owner or the contractor individually if she or he is a natural person, by the general partner if the owner or the contractor is a limited partnership, by a partner if the owner or the contractor is a general partnership, by the president or a vice president if the owner or the contractor is a corporation, or by any authorized agent if the owner or the contractor is any other type of business entity.

  • 14)  In an action to enforce a lien, the owner shall not be considered the prevailing party solely because the lien is transferred to a conditional payment bond after the action to enforce the lien is brought. History.
  • S.13, ch.90-109; s.9, ch.92-286; s.3, ch.93-99; s.58, ch.95-211; s.814, ch.97-102; s.16, ch.98-246; s.9, ch.2001-211.713.25  Applicability of ch.65-456.

— This act shall take effect on July 1, 1965, but shall not apply to any act required to be done within a time period which is running on that date nor shall apply to existing projects where its operation would impair vested rights. History. — s.17, ch.65-456; s.35, ch.67-254.

Note. — Former s.84.242.713.26  Redemption and sale. — The right of redemption upon all sales under this part shall exist in favor of the person whose interest is sold and may be exercised in the same manner as is or may be provided for redemption of real property from sales under mortgages. History. — s.1, ch.63-135; s.35, ch.67-254; s.4, ch.71-5.

Note. — Former s.84.251.713.27  Interplead. — An owner or other person holding funds for disbursement on an improvement shall have the right to interplead such lienor and any other person having or claiming to have an interest in the real property improved or a contract relating to the improvement thereof, whenever there is a dispute between lienors as to the amounts due or to become due them.

If the court decrees the interpleader, it may transfer all claims to the funds held by the plaintiff. In such case the court shall require said fund to be deposited in registry of court and, effective upon such deposit, shall decree the real property to be free of all liens and claims of lien of the parties to the suit.

History. — s.1, ch.63-135; s.35, ch.67-254. Note. — Former s.84.271.713.28  Judgments in case of failure to establish liens; personal and deficiency judgments or decrees. — (1)  If a lienor shall fail, for any reason, to establish a lien for the full amount found to be due him or her in an action to enforce the same under the provisions of this part, he or she may, in addition to the lien decreed in his or her favor, recover a judgment or decree in such action against any party liable therefor for such sums in excess of the lien as are due him or her or which the lienor might recover in an action on a contract against any party to the action from whom such sums are due him or her.

  1. 2)  In any action heretofore or hereafter brought a court may, either before or after the final adjudication, award a summary money judgment or decree in favor of any party.
  2. This shall not preclude the rendition of other judgments or decrees in the action.
  3. 3)  If, upon the sale of the real property under any judgment or decree there is a deficiency of proceeds to pay the amount of such judgment or decree, the judgment or decree may be enforced for the deficiency against any person liable therefor in the same manner and under the same conditions as deficiency decrees in mortgage foreclosures.

Any payment made on account of any judgment or decree in favor of a party shall be credited on any other judgment or decree rendered in favor of that party in the same action. History. — s.1, ch.63-135; s.35, ch.67-254; s.815, ch.97-102. Note. — Former s.84.281.713.29  Attorney’s fees.

— In any action brought to enforce a lien or to enforce a claim against a bond under this part, the prevailing party is entitled to recover a reasonable fee for the services of her or his attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party’s costs, as allowed in equitable actions.

History. — s.1, ch.63-135; s.35, ch.67-254; s.11, ch.77-353; s.14, ch.90-109; s.7, ch.92-286; s.816, ch.97-102. Note. — Former s.84.291.713.30  Other actions not barred. — This part shall be cumulative to other existing remedies and nothing contained in this part shall be construed to prevent any lienor or assignee under any contract from maintaining an action thereon at law in like manner as if he or she had no lien for the security of his or her debt, and the bringing of such action shall not prejudice his or her rights under this part, except as herein otherwise expressly provided.

  • History. — s.1, ch.63-135; s.35, ch.67-254; s.817, ch.97-102. Note.
  • Former s.84.301.713.31  Remedies in case of fraud or collusion.
  • 1)  When the owner or any lienor shall, by fraud or collusion, deprive or attempt to deprive any lienor of benefits or rights to which such lienor is entitled under this part by establishing or manipulating the contract price or by giving false affidavits, releases, invoices, worthless checks, statements, or written instruments permitted or required under this part relating to the improvement of real property hereunder to the detriment of any such lienor, the circuit court in chancery shall have jurisdiction, upon a complaint filed by such lienor, to issue temporary and permanent injunctions, order accountings, grant discovery, utilize all remedies available under creditors’ bills and proceedings supplementary to execution, marshal assets, and exercise any other appropriate legal or equitable remedies or procedures without regard to the adequacy of a remedy at law or whether or not irreparable damage has or will be done.

(2)(a)  Any lien asserted under this part in which the lienor has willfully exaggerated the amount for which such lien is claimed or in which the lienor has willfully included a claim for work not performed upon or materials not furnished for the property upon which he or she seeks to impress such lien or in which the lienor has compiled his or her claim with such willful and gross negligence as to amount to a willful exaggeration shall be deemed a fraudulent lien.

(b)  It is a complete defense to any action to enforce a lien under this part, or against any lien in any action in which the validity of the lien is an issue, that the lien is a fraudulent lien; and the court so finding is empowered to and shall declare the lien unenforceable, and the lienor thereupon forfeits his or her right to any lien on the property upon which he or she sought to impress such fraudulent lien.

However, a minor mistake or error in a claim of lien, or a good faith dispute as to the amount due does not constitute a willful exaggeration that operates to defeat an otherwise valid lien. (c)  An owner against whose interest in real property a fraudulent lien is filed, or any contractor, subcontractor, or sub-subcontractor who suffers damages as a result of the filing of the fraudulent lien, shall have a right of action for damages occasioned thereby.

The action may be instituted independently of any other action, or in connection with a summons to show cause under s.713.21, or as a counterclaim or cross-claim to any action to enforce or to determine the validity of the lien. The prevailing party in an action under this paragraph may recover reasonable attorney’s fees and costs.

If the lienor who files a fraudulent lien is not the prevailing party, the lienor shall be liable to the owner or the defrauded party who prevails in an action under this subsection in damages, which shall include court costs, clerk’s fees, a reasonable attorney’s fee and costs for services in securing the discharge of the lien, the amount of any premium for a bond given to obtain the discharge of the lien, interest on any money deposited for the purpose of discharging the lien, and punitive damages in an amount not exceeding the difference between the amount claimed by the lienor to be due or to become due and the amount actually due or to become due.

  1. 3)  Any person who willfully files a fraudulent lien, as defined in this section, commits a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084.
  2. A state attorney or the statewide prosecutor, upon the filing of an indictment or information against a contractor, subcontractor, or sub-subcontractor which charges such person with a violation of this subsection, shall forward a copy of the indictment or information to the Department of Business and Professional Regulation.

The Department of Business and Professional Regulation shall promptly open an investigation into the matter, and if probable cause is found, shall furnish a copy of any investigative report to the state attorney or statewide prosecutor who furnished a copy of the indictment or information and to the owner of the property which is the subject of the investigation.

History. — s.1, ch.63-135; s.35, ch.67-254; s.12, ch.77-353; s.260, ch.79-400; s.9, ch.80-97; s.15, ch.90-109; s.8, ch.95-240; s.818, ch.97-102; s.6, ch.2003-177; s.13, ch.2007-221. Note. — Former s.84.311.713.32  Insurance proceeds liable for demands. — The proceeds of any insurance that by the terms of the policy contract are payable to the owner of improved real property or a lienor and actually received or to be received by him or her because of the damage, destruction, or removal by fire or other casualty of an improvement on which lienors have furnished labor or services or materials shall, after the owner or lienor, as the case may be, has been reimbursed therefrom for any premiums paid by him or her, be liable to liens or demands for payment provided by this part to the same extent and in the same manner, order of priority, and conditions as the real property or payments under a direct contract would have been, if the improvement had not been so damaged, destroyed, or removed.

The insurer may pay the proceeds of the policy of insurance to the insured named in the policy and thereupon any liability of the insurer under this part shall cease. The named insured who receives any proceeds of the policy shall be deemed a trustee of the proceeds, and the proceeds shall be deemed trust funds for the purposes designated by this section for a period of 1 year from the date of receipt of the proceeds.

  1. This section shall not apply to that part of the proceeds of any policy of insurance payable to a person, including a mortgagee, who holds a lien perfected before the recording of the notice of commencement or recommencement. History.
  2. S.1, ch.63-135; s.35, ch.67-254; s.13, ch.77-353; s.819, ch.97-102; s.72, ch.99-3.

Note. — Former s.84.321.713.33  Disbursing agent and others may rely on owner’s notices. — When the proceeds of a construction or improvement loan or any portion thereof are being disbursed by a person other than the owner, any affidavit, notice or other instrument which is permitted or required under this part to be furnished to the owner may be relied upon by such other person in making such disbursements to the same extent as the owner is entitled to rely upon the same.

History. — s.1, ch.63-135; s.35, ch.67-254. Note. — Former s.84.331.713.345  Moneys received for real property improvements; penalty for misapplication. — (1)(a)  A person, firm, or corporation, or an agent, officer, or employee thereof, who receives any payment on account of improving real property must apply such portion of any payment to the payment of all amounts then due and owing for services and labor which were performed on, or materials which were furnished for, such improvement prior to receipt of the payment.

This paragraph does not prevent any person from withholding any payment, or any part of a payment, in accordance with the terms of a contract for services, labor, or materials, or pursuant to a bona fide dispute regarding the amount due, if any, for such services, labor, or materials.

(b)  Any person who knowingly and intentionally fails to comply with paragraph (a) is guilty of misapplication of construction funds, punishable as follows: 1.  If the amount of payments misapplied has an aggregate value of $100,000 or more, the violator is guilty of a felony of the first degree, punishable as provided in s.775.082, s.775.083, or s.775.084.2.  If the amount of payments misapplied has an aggregate value of $1,000 or more but less than $100,000, the violator is guilty of a felony of the second degree, punishable as provided in s.775.082, s.775.083, or s.775.084.3.  If the amount of payments misapplied has an aggregate value of less than $1,000, the violator is guilty of a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084.

(c)  A permissive inference that a person knowingly and intentionally misapplied construction funds in violation of this subsection is created when a valid lien has been recorded against the property of an owner for labor, services, or materials; the person who ordered the labor, services, or materials has received sufficient funds to pay for such labor, services, or materials; and the person has failed, for a period of at least 45 days from receipt of the funds, to remit sufficient funds to pay for such labor, services, or materials, except for funds withheld pursuant to paragraph (a).

D)  A state attorney or the statewide prosecutor, upon the filing of an indictment or information against a contractor, subcontractor, or sub-subcontractor which charges such person with a violation of paragraph (b), shall forward a copy of the indictment or information to the Department of Business and Professional Regulation.

The Department of Business and Professional Regulation shall promptly open an investigation into the matter and, if probable cause is found, shall furnish a copy of any investigative report to the state attorney or statewide prosecutor who furnished a copy of the indictment or information and to the owner of the property which is the subject of the investigation.

2)  This section does not apply to mortgage bankers or their agents, servants, or employees for their acts in the usual course of the business of lending or disbursing mortgage funds. History. — s.1, ch.87-74; s.7, ch.88-397; s.17, ch.90-109; s.7, ch.2003-177; s.12, ch.2005-227.713.346  Payment on construction contracts.

— (1)  Any person who receives a payment for constructing or altering permanent improvements to real property shall pay, in accordance with the contract terms, the undisputed contract obligations for labor, services, or materials provided on account of such improvements.

2)  The failure to pay any undisputed obligations for such labor, services, or materials within 30 days after the date the labor, services, or materials were furnished and payment for such labor, services, or materials became due, or within 30 days after the date payment for such labor, services, or materials is received, whichever last occurs, shall entitle any person providing such labor, services, or materials to the procedures specified in subsection (3) and the remedies provided in subsection (4).

(3)  Any person providing labor, services, or materials for improvements to real property may file a verified complaint alleging: (a)  The existence of a contract, as defined in s.713.01, to improve real property. (b)  A description of the labor, services, or materials provided and alleging that the labor, services, or materials were provided in accordance with the contract.

C)  The amount of the contract price. (d)  The amount, if any, paid pursuant to the contract. (e)  The amount that remains unpaid pursuant to the contract, and the amount thereof that is undisputed. (f)  That the undisputed amount has remained due and payable pursuant to the contract for more than 30 days after the date the labor or services were accepted or the materials were received.

(g)  That the person against whom the complaint was filed has received payment on account of the labor, services, or materials described in the complaint more than 30 days prior to the date the complaint was filed. (4)  After service of the complaint, the court shall conduct an evidentiary hearing on the complaint, upon not less than 15 days’ written notice.

The person providing labor, services, or materials is entitled to the following remedies to the extent of the undisputed amount due for labor or services performed or materials supplied, and upon proof of each allegation in the complaint: (a)  An accounting of the use of any such payment from the person who received such payment.

(b)  A temporary injunction against the person who received the payment, subject to the bond requirements specified in the Florida Rules of Civil Procedure. (c)  Prejudgment attachment against the person who received the payment, in accordance with each of the requirements of chapter 76.

D)  Such other legal or equitable remedies as may be appropriate in accordance with the requirements of the law. (5)  The remedies specified in subsection (4) must be granted without regard to any other remedy at law and without regard to whether or not irreparable damage has occurred or will occur.

(6)  The remedies specified in subsection (4) do not apply: (a)  To the extent of a bona fide dispute regarding any portion of the contract price. (b)  In the event the plaintiff has committed a material breach of the contract which would relieve the defendant from the obligations under the contract.

7)  The prevailing party in any proceeding under this section is entitled to recover costs, including a reasonable attorney’s fee, at trial and on appeal. History. — s.8, ch.88-397; s.18, ch.90-109.713.3471  Lender responsibilities with construction loans. — (1)  Prior to a lender making any loan disbursement on any construction loan secured by residential real property directly to the owner, which, for purposes of this subsection, means only a natural person, into the owner’s account or accounts, or jointly to the owner and any other party, the lender shall mail, deliver by electronic mail or other electronic format or facsimile, or personally deliver the following written notice to the borrowers in bold type larger than any other type on the page: WARNING! YOUR LENDER IS MAKING A LOAN DISBURSEMENT DIRECTLY TO YOU AS THE BORROWER, OR JOINTLY TO YOU AND ANOTHER PARTY.

TO PROTECT YOURSELF FROM HAVING TO PAY TWICE FOR THE SAME LABOR, SERVICES, OR MATERIALS USED IN MAKING THE IMPROVEMENTS TO YOUR PROPERTY, BE SURE THAT YOU REQUIRE YOUR CONTRACTOR TO GIVE YOU LIEN RELEASES FROM EACH LIENOR WHO HAS SENT YOU A NOTICE TO OWNER EACH TIME YOU MAKE A PAYMENT TO YOUR CONTRACTOR.

  1. This subsection does not apply when the owner is a contractor licensed under chapter 489 or is a person who creates parcels or offers parcels for sale or lease in the ordinary course of business.
  2. 2)(a)  Within 5 business days after a lender makes a final determination, prior to the distribution of all funds available under a construction loan, that the lender will cease further advances pursuant to the loan, the lender shall serve written notice of that decision on the contractor and on any other lienor who has given the lender notice.

The lender shall not be liable to the contractor based upon the decision of the lender to cease further advances if the lender gives the contractor notice of such decision in accordance with this subsection and the decision is otherwise permitted under the loan documents.

(b)  The failure to give notice to the contractor under paragraph (a) renders the lender liable to the contractor to the extent of the actual value of the materials and direct labor costs furnished by the contractor plus 15 percent for overhead, profit, and all other costs from the date on which notice of the lender’s decision should have been served on the contractor and the date on which notice of the lender’s decision is served on the contractor.

The lender and the contractor may agree in writing to any other reasonable method for determining the value of the labor, services, and materials furnished by the contractor. (c)  The liability of the lender shall in no event be greater than the amount of undisbursed funds at the time the notice should have been given unless the failure to give notice was done for the purpose of defrauding the contractor.

The lender is not liable to the contractor for consequential or punitive damages for failure to give timely notice under this subsection. The contractor shall have a separate cause of action against the lender for damages sustained as the result of the lender’s failure to give timely notice under this subsection.

Such separate cause of action may not be used to hinder or delay any foreclosure action filed by the lender, may not be the basis of any claim for an equitable lien or for equitable subordination of the mortgage lien, and may not be asserted as an offset or a defense in the foreclosure case.

(d)  For purposes of serving notice on the contractor under this subsection, the lender may rely on the name and address of the contractor listed in the notice of commencement or, if no notice of commencement is recorded, on the name and address of the contractor listed in the uniform building permit application.

For purposes of serving notice on any other lienor under this subsection, the lender may rely upon the name and address of the lienor listed in the notice to owner. (e)  The contractor or any other lienor may not waive the right to receive notice under this paragraph.

3)(a)  If the lender and the borrower have designated a portion of the construction loan proceeds, the borrower may not authorize the lender to disburse the funds so designated for any other purpose until the owner serves the contractor and any other lienor who has given the owner a notice to owner with written notice of that decision, including the amount of such loan proceeds to be disbursed.

For the purposes of this subsection, the term “designated construction loan proceeds” means that portion of the loan allocated to actual construction costs of the facility and shall not include allocated loan proceeds for tenant improvements where the contractor has no contractual obligation or work order to proceed with such improvements.

The lender shall not be liable to the contractor based upon the reallocation of the loan proceeds or the disbursement of the loan proceeds if the notice is timely given in accordance with this subsection and the decision is otherwise permitted under the loan documents. (b)  If the lender is permitted under the loan documents to make disbursements from the loan contrary to the original loan budget without the borrower’s prior consent, the lender is responsible for serving the notice to the contractor or other lienor required under this subsection.

(c)  This subsection does not apply to a residential project of four units or less. (d)  This subsection does not apply to construction loans of less than $1 million unless the lender has committed to make more than one loan, the total of which loans are greater than $1 million, for the purpose of evading this subsection.

(e)  The owner or the lender is not required to give notice to the contractor or any other lienor under this subsection unless the total amount of all disbursements described in paragraph (a) exceed 5 percent of the original amount of the designated construction loan proceeds or $100,000, whichever is less.

(f)  Disbursement of loan proceeds contrary to this subsection renders the lender liable to the contractor to the extent of any such disbursements or to the extent of the actual value of the materials and direct labor costs plus 15 percent for overhead, profit, and all other costs, whichever is less.

The lender is not liable to the contractor for consequential or punitive damages for disbursing loan proceeds in violation of this subsection. The contractor shall have a separate cause of action against the lender for damages sustained as the result of the disbursement of loan proceeds in violation of this subsection.

Such separate cause of action may not be used to hinder or delay any foreclosure action filed by the lender, may not be the basis of any claim for equitable subordination of the mortgage lien, and may not be asserted as an offset or a defense in the foreclosure case.

(g)  For purposes of serving notice on the contractor under this subsection, the lender may rely upon the name and address of the contractor listed in the notice of commencement or, if no notice of commencement is recorded, the name and address of the contractor listed in the uniform building permit application.

For purposes of serving notice on any other lienor under this subsection, the lender may rely upon the name and address of the lienor listed in the notice to owner. (h)  For purposes of this subsection, the lender may rely upon a written statement, signed under oath by the contractor or any other lienor, that confirms that the contractor or the lienor has received the written notice required by this subsection.

I)  A contractor and any other lienor may not waive his or her right to receive notice under this subsection. History. — s.8, ch.92-286; s.820, ch.97-102; s.8, ch.2003-177; s.13, ch.2005-227.713.35  Making or furnishing false statement. — Any person, firm, or corporation who knowingly and intentionally makes or furnishes to another person, firm, or corporation an affidavit, a waiver or release of lien, or other document, whether or not under oath, containing false information about the payment status of subcontractors, sub-subcontractors, or suppliers in connection with the improvement of real property in this state, knowing that the one to whom it was furnished might rely on it, and the one to whom it was furnished will part with draw payments or final payment relying on the truth of such statement as an inducement to do so commits a felony of the third degree, punishable as provided in s.775.082 or s.775.083.

A state attorney or the statewide prosecutor, upon the filing of an indictment or information against a contractor, subcontractor, or sub-subcontractor which charges such person with a violation of this section, shall forward a copy of the indictment or information to the Department of Business and Professional Regulation.

The Department of Business and Professional Regulation shall promptly open an investigation into the matter and, if probable cause is found, shall furnish a copy of any investigative report to the state attorney or statewide prosecutor who furnished a copy of the indictment or information and to the owner of the property which is the subject of the investigation.

History. — s.1, ch.63-135; s.35, ch.67-254; s.9, ch.95-240; s.9, ch.2003-177; s.4, ch.2006-187. Note. — Former s.84.351.713.37  Rule of construction. — This part shall not be subject to a rule of liberal construction in favor of any person to whom it applies.

  • History. — s.15, ch.77-353.
  • PART II MISCELLANEOUS LIENS 713.50  Liens upon property.713.56  Liens for labor on and with machines, etc.713.57  Liens for labor on logs and timber.713.58  Liens for labor or services on personal property.713.585  Enforcement of lien by sale of motor vehicle.713.59  Liens for labor in raising crops.713.595  Liens for labor or services in ginning cotton.713.596  Molder’s liens.713.60  Liens for labor on or for vessels.713.61  Liens for manufacturing and repairing articles.713.62  Liens for furnishing articles to be manufactured.713.63  Liens for furnishing locomotives, machinery, etc.713.64  Liens for furnishing material for vessels.713.65  Liens for care and maintenance of animals.713.655  Liens for professional services of veterinarians.713.66  Liens for feed, etc., for racehorses, polo ponies and race dogs.713.665  Liens for furnishing pest control.713.67  Liens for board, lodging, etc., at hotels, etc.713.68  Liens for hotels, apartment houses, roominghouses, boardinghouses, etc.713.69  Unlawful to remove property upon which lien has accrued.713.691  Landlord’s lien for rent; exemptions.713.70  Lien for service of stallions and other animals.713.71  Liens for loans and advances.713.73  Priority of foregoing liens.713.74  Acquisition of liens by persons in privity with the owner.713.75  Acquisition of liens by persons not in privity with the owner.713.76  Release of lien by filing bond.713.77  Liens of owners, operators, or keepers of mobile home or recreational vehicle parks; ejection of occupants.713.78  Liens for recovering, towing, or storing vehicles and vessels.713.785  Liens for recovering, towing, or storing mobile homes.713.79  Liens for interior design services.713.50  Liens upon property.

— Liens prior in dignity to all others accruing thereafter shall exist in favor of the following persons, upon the following described personal property under the circumstances hereinafter mentioned in this part. This part is limited to liens on personal property and their enforcement and related matters.

  1. History. — ss.1, 6, ch.3747, 1887; RS 1726, 1730; s.1, ch.5143, 1903; GS 2190, 2196; RGS 3495, 3502; CGL 5349, 5363; s.44, ch.16042, 1933; s.36, ch.67-254; s.1, ch.69-97; s.1, ch.88-249. Note.
  2. Former s.85.01.713.56  Liens for labor on and with machines, etc.
  3. In favor of any person by herself or himself or others performing any labor upon or with any engine, machine, apparatus, fixture, implement, newspaper or printing material or other property, or doing work in any hotel; upon such engine, machine, material, apparatus, fixture, implement, newspaper or printing material, or other property, and upon the furniture, furnishings and belongings of said hotel.

History. — s.6, ch.3747, 1887; RS 1730; s.1, ch.4583, 1897; GS 2196; RGS 3503; CGL 5364; s.36, ch.67-254; s.821, ch.97-102. Note. — Former s.85.07.713.57  Liens for labor on logs and timber. — In favor of any person by herself or himself or others cutting, rafting, running, driving, or performing other labor upon logs or timber of any kind; on such logs and timber, and on any article manufactured therefrom.

History. — s.7, ch.3747, 1887; RS 1731; GS 2197; RGS 3504; CGL 5365; s.36, ch.67-254; s.822, ch.97-102. Note. — Former s.85.08.713.58  Liens for labor or services on personal property. — (1)  In favor of persons performing labor or services for any other person, upon the personal property of the latter upon which the labor or services is performed, or which is used in the business, occupation, or employment in which the labor or services is performed.

(2)  It is unlawful for any person, knowingly, willfully, and with intent to defraud, to remove any property upon which a lien has accrued under this section without first making full payment to the person performing labor or services of all sums due and payable for such labor or services or without first having the written consent of such person so performing the labor or services so to remove such property.

(3)  In that the possessory right and lien of the person performing labor or services under this section is released, relinquished, and lost by the removal of such property upon which a lien has accrued, it shall be deemed prima facie evidence of intent to defraud if, upon the removal of such property, the person removing such property utters, delivers, or gives any check, draft, or written order for the payment of money in payment of the indebtedness secured by the lien and then stops payment on such check, draft, or written order.

(4)  Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine of not more than $500 or imprisonment in the county jail for not more than 3 months. History. — s.10, ch.3747, 1887; RS 1732; GS 2198; RGS 3505; s.1, ch.8474, 1921; CGL 5366; s.36, ch.67-254; s.1, ch.70-340.

Note. — Former s.85.09.713.585  Enforcement of lien by sale of motor vehicle. — A person claiming a lien under s.713.58 for performing labor or services on a motor vehicle may enforce such lien by sale of the vehicle in accordance with the following procedures: (1)  The lienor must give notice, by certified mail, return receipt requested, within 7 business days, excluding Saturday and Sunday, from the beginning date of the assessment of storage charges on said motor vehicle, to the registered owner of the vehicle, to the customer as indicated on the order for repair, and to all other persons claiming an interest in or lien thereon, as disclosed by the records of the Department of Highway Safety and Motor Vehicles or as disclosed by the records of any corresponding agency of any other state in which the vehicle is identified through a records check of the National Motor Vehicle Title Information System or an equivalent commercially available system as being the current state where the vehicle is titled.

Such notice must contain: (a)  A description of the vehicle, including, at minimum, its year, make, vehicle identification number, and the vehicle’s location. (b)  The name and address of the owner of the vehicle, the customer as indicated on the order for repair, and any person claiming an interest in or lien thereon.

(c)  The name, address, and telephone number of the lienor. (d)  Notice that the lienor claims a lien on the vehicle for labor and services performed and storage charges, if any, and the cash sum which, if paid to the lienor, would be sufficient to redeem the vehicle from the lien claimed by the lienor.

(e)  Notice that the lien claimed by the lienor is subject to enforcement pursuant to this section and that the vehicle may be sold to satisfy the lien. (f)  If known, the date, time, and location of any proposed or scheduled sale of the vehicle. A vehicle may not be sold earlier than 60 days after completion of the repair work.

(g)  Notice that the owner of the vehicle or any person claiming an interest in or lien thereon has a right to a hearing at any time before the scheduled date of sale by filing a demand for hearing with the clerk of the circuit court in the county in which the vehicle is held and mailing copies of the demand for hearing to all other owners and lienors as reflected on the notice.

(h)  Notice that the owner of the vehicle has a right to recover possession of the vehicle without instituting judicial proceedings by posting bond in accordance with s.559.917. (i)  Notice that any proceeds from the sale of the vehicle remaining after payment of the amount claimed to be due and owing to the lienor will be deposited with the clerk of the circuit court for disposition upon court order pursuant to subsection (8).

  1. J)  Notice that a lienholder, if any, has the right, as specified in subsection (5), to demand a hearing or to post a bond.
  2. 2)  If attempts to locate the owner or lienholder are unsuccessful after a check of the records of the Department of Highway Safety and Motor Vehicles and any state disclosed by the check of the National Motor Vehicle Title Information System or an equivalent commercially available system, the lienor must notify the local law enforcement agency in writing by certified mail or acknowledged hand delivery that the lienor has been unable to locate the owner or lienholder, that a physical search of the vehicle has disclosed no ownership information, and that a good faith effort, including records checks of the Department of Highway Safety and Motor Vehicles database and the National Motor Vehicle Title Information System or an equivalent commercially available system, has been made.

A description of the motor vehicle which includes the year, make, and identification number must be given on the notice. This notification must take place within 7 business days, excluding Saturday and Sunday, from the beginning date of the assessment of storage charges on said motor vehicle.

For purposes of this paragraph, the term “good faith effort” means that the following checks have been performed by the company to establish the prior state of registration and title: (a)  A check of the Department of Highway Safety and Motor Vehicles database for the owner and any lienholder; (b)  A check of the federally mandated electronic National Motor Vehicle Title Information System or an equivalent commercially available system to determine the state of registration when there is not a current title or registration record for the vehicle on file with the Department of Highway Safety and Motor Vehicles; (c)  A check of vehicle for any type of tag, tag record, temporary tag, or regular tag; (d)  A check of vehicle for inspection sticker or other stickers and decals that could indicate the state of possible registration; and (e)  A check of the interior of the vehicle for any papers that could be in the glove box, trunk, or other areas for the state of registration.

(3)  If the date of the sale was not included in the notice required in subsection (1), notice of the sale must be sent by certified mail, return receipt requested, not less than 15 days before the date of sale, to the customer as indicated on the order for repair, and to all other persons claiming an interest in or lien on the motor vehicle, as disclosed by the records of the Department of Highway Safety and Motor Vehicles or of a corresponding agency of any other state in which the vehicle appears to have been registered after completion of a check of the National Motor Vehicle Title Information System or an equivalent commercially available system.

4)  The lienor, at least 15 days before the proposed or scheduled date of sale of the vehicle, shall publish the notice required by this section once in a newspaper circulated in the county where the vehicle is held. A certificate of compliance with the notification provisions of this section, verified by the lienor, together with a copy of the notice and return receipt for mailing of the notice required by this section, proof of publication, and checks of the Department of Highway Safety and Motor Vehicles and the National Motor Vehicle Title Information System or an equivalent commercially available system, must be duly and expeditiously filed with the clerk of the circuit court in the county where the vehicle is held.

The lienor, at the time of filing the certificate of compliance, must pay to the clerk of that court a service charge of $10 for indexing and recording the certificate. (5)  At any time before the proposed or scheduled date of sale of a vehicle, the owner of the vehicle, or any person claiming an interest in the vehicle or a lien thereon, may post a bond following the procedures outlined in s.559.917 or file a demand for hearing with the clerk of the circuit court in the county in which the vehicle is held to determine whether the vehicle has been wrongfully taken or withheld from her or him.

  • A lienholder has standing to allege any violation of part IX of chapter 559 in a proceeding instituted pursuant to this subsection.
  • Any person who files a demand for hearing shall mail copies of the demand to all other owners and lienors as reflected on the notice required in subsection (1).
  • A)  Upon the filing of a demand for hearing, a hearing shall be held before the proposed or scheduled date of sale of the vehicle.

(b)  Upon the posting of the bond and payment of the applicable fee set forth in s.28.24, the clerk of the court shall issue a certificate notifying the lienor of the posting of the bond and directing the lienor to release the vehicle to the lienholder or the owner, based upon whomever posted the bond.

(c)  If a lienholder obtains the vehicle and the owner of the vehicle is not in default under the installment sales contract or title loan at the time the lienholder has possession of the vehicle, the lienholder must return the vehicle to the owner within 5 days after the owner repays the lienholder for the amount of the bond, or makes arrangements to repay the lienholder for the bond under terms agreeable to the lienholder.

A lienholder may retain possession of the vehicle if the owner is in default until such time as the default is cured and the amount of the bond is repaid by the owner, or an arrangement agreeable to the lienholder is made with the owner. (6)  In the event a lienor institutes a judicial proceeding to enforce a lien, no filing fee shall be required at the time of filing, but the court shall require the lienor to pay the filing fee unless the lienor shall prevail in the action.

(7)  At a hearing on a complaint relating to the requirements of this section, the court shall issue an order determining: (a)  Whether the vehicle is subject to a valid lien by the lienor and the amount thereof; (b)  The priority of the lien of the lienor as against any existing security interest in the vehicle; (c)  The distribution of any proceeds of the sale by the clerk of the circuit court; (d)  The awarding of damages, if any; (e)  The award of reasonable attorney fees and costs, at the court’s discretion, to the prevailing party; and (f)  The reasonableness of storage charges.

A final order, by the court, must also provide for immediate payment of any proceeds or awards, and the immediate release of the bond to the posting party, if applicable. (8)  A vehicle subject to lien enforcement pursuant to this section must be sold by the lienor at public sale.

Immediately upon the sale of the vehicle and payment in cash of the purchase price, the lienor shall deposit with the clerk of the circuit court the proceeds of the sale less the amount claimed by the lienor for work done and storage, if any, and all reasonable costs and expenses incurred in conducting the sale, including any attorney’s fees and costs ordered by the court.

Simultaneously with depositing the proceeds of sale remaining after payment to the lienor, the lienor shall file with the clerk a verified report of the sale stating a description of the vehicle sold, including the vehicle identification number; the name and address of the purchaser; the date of the sale; and the selling price.

  • The report shall also itemize the amount retained by the lienor pursuant to this section and shall indicate whether a hearing was demanded and held.
  • All proceeds held by the court shall be held for the benefit of the owner of the vehicle or any lienholder whose lien is discharged by the sale and shall be disbursed only upon order of the court.

Unless a proceeding is initiated to validate a claim to such proceeds within 1 year and a day from the date of the sale, the proceeds shall be deemed abandoned property and disposition thereof shall be governed by s.705.103. The clerk shall receive 5 percent of the proceeds deposited with her or him, not to exceed $25, for her or his services under this section.

(9)  A copy of the certificate of compliance and the report of sale, certified by the clerk of the court, and proof of the required check of the National Motor Vehicle Title Information System or an equivalent commercially available system shall constitute satisfactory proof for application to the Department of Highway Safety and Motor Vehicles for transfer of title, together with any other proof required by any rules and regulations of the department.

(10)  Nothing contained in this section shall be construed as affecting an owner’s right to redeem her or his vehicle from the lien at any time prior to sale by paying the amount claimed by the lienor for work done and assessed storage charges, plus any costs incurred by the repair shop for utilizing enforcement procedures under this section.

  • 11)  Nothing in this section shall operate in derogation of the rights and remedies established by s.559.917.
  • 12)  When a vehicle is sold by a lienor in accordance with this law, a purchaser for value takes title to the vehicle free and clear of all claims, liens, and encumbrances whatsoever, unless otherwise provided by court order.

(13)  A failure to make good faith efforts as defined in subsection (2) precludes the imposition of any storage charges against the vehicle. If a lienor fails to provide notice to any person claiming a lien on a vehicle under subsection (1) within 7 business days after the assessment of storage charges has begun, then the lienor is precluded from charging for more than 7 days of storage, but failure to provide timely notice does not affect charges made for repairs, adjustments, or modifications to the vehicle or the priority of liens on the vehicle.

  • History. — s.1, ch.80-139; s.475, ch.81-259; s.10, ch.87-145; s.3, ch.90-307; s.76, ch.94-237; s.823, ch.97-102; s.74, ch.2013-160; s.38, ch.2016-166.713.59  Liens for labor in raising crops.
  • In favor of any person performing any labor in, or managing or overseeing, the cultivation or harvesting of crops; upon the crops cultivated or harvested.

History. — ch.1899, 1872; s.9, ch.3747, 1887; RS 1733; GS 2199; RGS 3506; CGL 5367; s.36, ch.67-254. Note. — Former s.85.10.713.595  Liens for labor or services in ginning cotton. — (1)  A lien prior in dignity to all others accruing thereafter shall exist in favor of any person performing the service of ginning or classifying cotton for any cotton producer.

(2)  In addition to, or in lieu of, any other remedy provided by law or in equity for the enforcement of this lien: (a)  The ginner or classifier may withhold the producer’s warehouse receipts until the ginner or classifier has been paid in full; (b)  A purchaser or lender may withhold from the producer the proceeds from a sale of the cotton or a loan on the cotton until the ginner or classifier has been paid in full; or (c)  The purchaser of the cotton may make payment jointly to the producer and the ginner or classifier.

The ginner or classifier may withhold from the joint payment only the amount owed for ginning or classifying such cotton. History. — s.1, ch.88-228.713.596  Molder’s liens. — (1)  DEFINITIONS. — As used in this section, the term: (a)  “Customer” means any person who causes a molder to fabricate, cast, or otherwise make a mold, or who provides a molder with a mold with which to manufacture, assemble, cast, fabricate, or otherwise make a product for a customer.

(b)  “Mold” means a die, mold, form, or pattern, but does not include computer software used to control or direct automatic machines in a manufacturing process, and does not include impressions, molds, models, or study casts used by a dentist, orthotist, or prosthetist within the scope of his or her practice.

(c)  “Molder” means any person who fabricates, casts, or otherwise makes or uses a mold for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product for a customer. The term includes a tool or die maker. (2)  LIENS.

  • A)  A molder that has not received payment from a customer in accordance with the terms of the contract between the two has a lien on a mold in the molder’s possession which belongs to that customer.
  • The lien is for the balance due the molder from the customer for any work that the molder has performed for the customer in manufacturing or fabricating products for the customer using the mold and for the value of all material related to such work.

The molder may retain possession of the mold until the debts are paid. (b)  Before enforcing the lien, the molder must notify the customer in writing of the claim of lien. The notice must be either delivered personally or sent by certified mail, return receipt requested, to the last known address of the customer.

  • The notice must state that the molder claims a lien for the balance due for work that the molder has performed in manufacturing or fabricating products for the customer using the mold and for the value of related materials as is specified in the notice.
  • Additionally, the notice must include a statement of the amount of the balance owed, a demand for payment, and a statement of the location of the mold.

Finally, the notice must include the following warning in conspicuous type and in substantially the following form: WARNING: YOUR FAILURE TO PAY THE UNPAID BALANCE AS STATED HEREIN WILL RESULT IN THE IMPOSITION OF A LIEN ON THE MOLD DESCRIBED HEREIN AND IN THE SALE OF THAT MOLD AS PROVIDED BY LAW.

  • C)  If the customer does not pay the amount due as stated in the notice within 60 days after the date of receipt of the notice, the molder may sell the mold at a public auction.
  • However, the mold may not be sold if there is a good faith dispute or litigation between the molder and the customer concerning either the quality of the products made or fabricated by use of the mold or the amount due.

(3)  SALE. — (a)  Before a molder may sell a mold, the molder must notify the customer and any holder of a security interest perfected in this state of the intended sale. The notice must be by certified mail, return receipt requested, and must include: 1.  Notice of the molder’s intent to sell the mold 30 days after the customer’s receipt of the notice.2.  A description of the mold to be sold.3.  The time and place of the sale.4.  An itemized statement of the amount due.

(b)  If there is no return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder must publish notice, at least 30 days before the date of sale in a newspaper of general circulation in the county of the customer’s last known place of business, of the molder’s intent to sell the mold.

The notice must include a description of the mold to be sold and the time and place of the sale. (c)1.  The proceeds of the sale must be paid first to any holder of a security interest perfected in this state. Any excess must be paid to the molder holding the lien created by this section.

Any remaining amount is to be paid to the customer, if the customer’s address is known, or to the Chief Financial Officer for deposit in the General Revenue Fund if the customer’s address is unknown to the molder at the time of the sale.2.  A sale may not be made under this section if it would be in violation of any right of a customer under federal patent or copyright law.

History. — s.2, ch.98-215; s.1880, ch.2003-261.713.60  Liens for labor on or for vessels. — In favor of any person performing for himself or herself or others, any labor, or furnishing any materials or supplies for use in the construction of any vessel or watercraft; and in favor of any person performing for himself or herself or others, any labor or service of any kind, on, to or for the use or benefit of a vessel or watercraft, including masters, mates and members of the crew and persons loading or unloading the vessel or putting in or taking out ballast; upon such vessel or watercraft, whether partially or completely constructed and whether launched or on land, her tackle, apparel and furniture.

  • History. — s.1, ch.3612, 1885; RS 1734; GS 2200; s.10, ch.7838, 1919; RGS 3507; CGL 5368; s.36, ch.67-254; s.824, ch.97-102. Note.
  • Former s.85.11.713.61  Liens for manufacturing and repairing articles.
  • In favor of any person who shall manufacture, alter or repair any article or thing of value; upon such article or thing.

History. — s.5, ch.3747, 1887; RS 1735; GS 2201; RGS 3508; CGL 5369; s.36, ch.67-254. Note. — Former s.85.12.713.62  Liens for furnishing articles to be manufactured. — In favor of any person who shall furnish any logs, lumber, clay, sand, stone or other material whatsoever, crude or partially or wholly prepared for use, to any mill or other manufactory to be manufactured into any article of value; upon all such articles furnished and upon all articles manufactured therefrom.

  1. History. — s.7, ch.3747, 1887; RS 1736; GS 2202; RGS 3509; CGL 5370; s.36, ch.67-254. Note.
  2. Former s.85.13.713.63  Liens for furnishing locomotives, machinery, etc.
  3. In favor of any person who shall furnish any locomotive or stationary engine, water engine, windmill, car or other machine or parts of machine or instrument for any railroad, telegraph or telephone line, mill, distillery, or other manufactory; upon the articles so furnished.

History. — s.9, ch.3747, 1887; RS 1737; GS 2203; RGS 3510; CGL 5371; s.36, ch.67-254. Note. — Former s.85.14.713.64  Liens for furnishing material for vessels. — In favor of any ship chandler, storekeeper or dealer furnishing stores, provisions, rigging or other material to or for the use of any ship, vessel, steamboat or other watercraft; on such ship, vessel, steamboat or other watercraft.

History. — s.14, ch.40, 1845; ss.1-4, ch.1128, 1861; RS 1738; GS 2204; RGS 3511; CGL 5372; s.36, ch.67-254. Note. — Former s.85.15.713.65  Liens for care and maintenance of animals. — In favor of all persons feeding or caring for the horse or other animal of another, including all keepers of livery, sale or feed or feed stables, for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal.

History. — s.1, ch.3618, 1885; RS 1739; GS 2205; RGS 3512; CGL 5373; s.1, ch.25048, 1949; s.36, ch.67-254. Note. — Former s.85.16.713.655  Liens for professional services of veterinarians. — In favor of any veterinarian who renders professional services to an animal at the request of the owner of the animal, the owner’s agent, or a bailee, lessee, or custodian of the animal, for the unpaid portion of the fees for such professional services, upon the animal to which such services were rendered.

  1. Such lien shall remain valid and enforceable for a period of 1 year from the date the professional services were rendered, and such lien is to be enforced in the manner provided for the enforcement of other liens on personal property in this state. History.
  2. S.1, ch.88-249.713.66  Liens for feed, etc., for racehorses, polo ponies and race dogs.

— In favor of any person who shall furnish corn, oats, hay, grain or other feed or feedstuffs or straw or bedding material to or upon the order of the owner, or the agent, bailee, lessee, or custodian of the owner, of any racehorse, polo pony or race dog, for the unpaid portion of the price of such supplies upon every racehorse, polo pony, or race dog which consumes any part of such supplies.

All racehorses and race dogs of such owner which are accustomed to consume supplies of the character delivered, which are at the time of the delivery of such supplies upon the premises to which delivery is made, shall be deemed prima facie to have consumed such supplies. Such lien shall remain valid and enforceable for a period of 1 year from the dates of the respective deliveries of such corn, oats, hay, grain, feed or feedstuffs, or straw; and such liens are to be enforced in the manner provided for the enforcement of other liens on personal property in this state.

Said liens shall be superior to any and all claims, liens and mortgages, whether recorded or unrecorded, including, but not limited to, any lessor’s or vendor’s lien, and any chattel mortgage, which theretofore may have been or thereafter may be created against such racehorse, polo pony or race dog, and to the claims of any and all purchases thereof.

History. — s.1, ch.17092, 1935; CGL 1936 Supp.5373(1); s.7, ch.22858, 1945; s.36, ch.67-254. Note. — Former s.85.17.713.665  Liens for furnishing pest control. — The holder of a license under chapter 482 to engage in the business of pest control has and may enforce: (1)  A lien on real property improved for any money that is owed to him or her for labor or services performed or materials furnished in accordance with his or her contract and with the direct contract, subject to the licensee’s compliance with the provisions of part I of this chapter.

(2)  A lien for labor and services on personal property upon which the licensee has performed pest control, subject to the licensee’s compliance with the provisions of part I of this chapter and s.713.58. History. — s.1, ch.59-454; s.1, ch.65-295; s.3, ch.76-168; s.1, ch.77-457; ss.2, 3, ch.81-318; ss.14, 15, ch.82-229; s.22, ch.90-109; ss.49, 59, ch.92-203; s.825, ch.97-102.

  1. Note. — Former s.482.201.713.67  Liens for board, lodging, etc., at hotels, etc.
  2. In favor of keepers of hotels, apartment houses, roominghouses, and boardinghouses for the board, lodging and occupancy of and for moneys advanced to transient guests or tenants, upon the goods and chattels belonging to such guests or tenants in such hotel, apartment house, roominghouse or boardinghouse, including garage and storeroom.

Upon the nonpayment of such sums in accordance with the rules of such hotels, apartment houses, roominghouses or boardinghouses, the keeper thereof may instantly eject such transient guests or tenants therefrom. History. — s.6, ch.1999, 1874; RS 1740; GS 2206; RGS 3513; CGL 5374; s.44, ch.16042, 1933; s.36, ch.67-254; s.6, ch.73-330.

Note. — Former s.85.18.713.68  Liens for hotels, apartment houses, roominghouses, boardinghouses, etc. — In favor of any person conducting or operating any hotel, apartment house, roominghouse, boardinghouse or tenement house where rooms or apartments are let for hire or rental on a transient basis. Such lien shall exist on all the property including trunks, baggage, jewelry and wearing apparel, guns and sporting goods, furniture and furnishings and other personal property of any person which property is brought into or placed in any room or apartment of any hotel, apartment house, lodginghouse, roominghouse, boardinghouse or tenement house when such person shall occupy, on a transient basis, such room or apartment as tenant, lessee, boarder, roomer or guest for the privilege of which occupancy money or anything of value is to be paid to the person conducting or operating such hotel, apartment house, roominghouse, lodginghouse, boardinghouse or tenement house.

Such lien shall continue and be in full force and effect for the amount payable for such occupancy until the same shall have been fully paid and discharged. History. — s.1, ch.12080, 1927; CGL 5375; s.36, ch.67-254; s.7, ch.73-330. Note. — Former s.85.19.713.69  Unlawful to remove property upon which lien has accrued.

— It is unlawful for any person to remove any property upon which a lien has accrued under the provisions of s.713.68 from any hotel, apartment house, roominghouse, lodginghouse, boardinghouse or tenement house without first making full payment to the person operating or conducting the same of all sums due and payable for such occupancy or without first having the written consent of such person so conducting or operating such place to so remove such property.

Any person violating the provisions of this section shall, if the property removed in violation hereof be of the value of $50 or less, be guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s.775.083; and if the property so removed should be of greater value than $50 then such person shall be guilty of a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084.

History. — ss.2, 3, ch.12080, 1927; CGL 5376, 7323; s.36, ch.67-254; s.687, ch.71-136. Note. — Former s.85.20.713.691  Landlord’s lien for rent; exemptions. — (1)  With regard to a residential tenancy, the landlord has a lien on all personal property of the tenant located on the premises for accrued rent due to the landlord under the rental agreement.

This lien shall be in addition to any other liens upon such property which the landlord may acquire by law and may be modified or waived, in whole or in part, by the provisions of a written rental agreement. The landlord’s lien for rent shall attach to the tenant’s personal property at the time the sheriff gives the landlord possession of the premises, but it is not required that the tenant’s property be removed in order to give the landlord possession of the premises.

  • 2)  When the tenant is the head of a family, personal property owned by her or him in the value of $1,000 is exempt from the lien provided by this section.
  • This subsection does not authorize an exemption any greater than that which may be available to the tenant in s.4, Art.
  • X of the State Constitution.

(3)  The remedy of distress for rent is abolished with regard to residential tenancies. History. — s.3, ch.73-330; s.9, ch.87-195; s.8, ch.88-379; s.826, ch.97-102.713.70  Lien for service of stallions and other animals. — In favor of owners of stallions, jackasses or bulls, upon the colt or calf of the get of said stallion, jackass or bull, and also upon the mare, jenny or cow served by said stallion, jackass or bull in breeding thereof for the sum stipulated to be paid for the service thereof, by filing at any time within 18 months after the date of service a statement of the account thereof, together with the description as to color and markings of the female served, and the name of the owner at the date of service, in the office of the county clerk of the county wherein the owner of the said female resided at the time of service.

Neither the mare, jenny or cow, nor the get thereof, shall be sold within 18 months after the date of service, unless the service fee shall be paid, unless such sale shall be agreed to and approved in writing by the owner of the stallion, jackass or bull at the time of the sale or transfer of the mare, jenny or cow, or offspring thereof.

At any time after such mare, jenny or cow shall conceive, anyone having the lien herein provided may enforce the same in the same manner as is now provided by law. History. — s.1, ch.4352, 1895; GS 2207; s.1, ch.7362, 1917; RGS 3514; CGL 5377; s.36, ch.67-254.

  • Note. — Former s.85.21.713.71  Liens for loans and advances.
  • Any person who shall procure a loan or advance of money or goods and chattels, wares or merchandise or other things of value, to aid him or her in the business of planting, farming, timber-getting or any other kind of businesses in this state, from any factor, merchant, firm or person in this state, or in the United States or in any foreign country, shall, by this part, be held to have given to the lender, lenders, or person making such advance, a statutory lien of prior dignity to all other encumbrances, saving and excepting liens for labor and liens in favor of landlords, upon all the timber-getting, all the crops, and products grown or anything else made or grown by said person, through the assistance of said loan or advances; provided, that the lien above-given shall not be created unless the person obtaining or procuring such loan or advance shall give to the person making such loan or advance an instrument of writing consenting to said lien; and the same shall be recorded in the office of the clerk of the circuit court of the county wherein such business of planting, farming, or timber-getting is conducted.

History. — s.1, ch.4163, 1893; GS 2208; RGS 3515; CGL 5378; s.36, ch.67-254; s.827, ch.97-102. Note. — Former s.85.22.713.73  Priority of foregoing liens. — Liens for labor and liens for material provided for by this law shall take priority among themselves according to the times that the notices required to create such liens respectively were given or were recorded in the cases where record is required; that is to say, each such lien which shall have attached to the property shall be paid before any such lien which shall have subsequently attached thereto, shall be entitled to be paid.

History. — s.12, ch.5143, 1903; GS 2209; RGS 3516; CGL 5379; s.36, ch.67-254. Note. — Former s.85.24.713.74  Acquisition of liens by persons in privity with the owner. — As against the owner of personal property upon which a lien is claimed under this part, the lien shall be acquired by any person in privity with the owner by the performance of the labor or the furnishing of the materials.

There shall be no lien upon personal property as against purchasers and creditors without notice unless the person claiming the lien is in possession of the property upon which the lien is claimed. The lien shall continue as long as the possession continues, not to exceed 3 months after performance of the labor or furnishing the material.

  1. History. — RS 1742; s.1, ch.4582, 1897; ss.8, 9, 11, ch.5143, 1903; GS 2210; RGS 3517; CGL 5380; s.36, ch.67-254; s.4, ch.69-97. Note.
  2. Former s.85.25.713.75  Acquisition of liens by persons not in privity with the owner.
  3. A person entitled to acquire a lien not in privity with the owner of the personal property shall acquire a lien upon the owner’s personal property as against the owner and persons claiming through her or him by delivery to the owner of a written notice that the person for whom the labor has been performed or the material furnished is indebted to the person performing the labor or furnishing the material in the sum stated in the notice.

A person who is performing or is about to perform labor or is furnishing or is about to furnish materials for personal property may deliver to the owner a written cautionary notice that she or he will do so. A lien shall exist from the time of delivery of either notice for the amount unpaid on the contract of the owner with the person contracting with the lienor and the delivery of the notice shall also create a personal liability against the owner of the personal property in favor of the lienor giving the notice, but not to a greater extent than the amount then unpaid on the contract between the owner and the person with whom the owner contracted.

  1. There shall be no lien upon personal property as against creditors and purchasers without notice except under the circumstances and for the time prescribed in s.713.74 and for the amount of the debt due to the lienor at the time of the service of the notice provided for in this section. History.
  2. RS 1743; s.2, ch.4582, 1897; ss.1, 15, ch.5143, 1903; GS 2211; RGS 3518; CGL 5381; s.36, ch.67-254; s.5, ch.69-97; s.828, ch.97-102.

Note. — Former s.85.26.713.76  Release of lien by filing bond. — (1)  Any lienee may release his or her property from any lien claimed thereon under this part by filing with the clerk of the circuit court a cash or surety bond, payable to the person claiming the lien, in the amount of the final bill, and conditioned for the payment of any judgment which may be recovered on said lien, with costs.

(2)  Whenever a lienee brings an action in the appropriate court with respect to any property which has been wrongfully detained by a lienor in violation of this section, the lienee, upon a judgment in the lienee’s favor, shall be entitled to damages, reasonable court costs, and attorney’s fees sustained by the lienee by reason of such wrongful detention.

(3)  Any lienor who, upon the posting of the bond, fails to release or return the property to the lienee pursuant to this section is guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s.775.083. History. — s.8, ch.1632, 1868; RS 1749; s.19, ch.5143, 1903; GS 2225; RGS 3532; CGL 5396; s.36, ch.67-254; s.1, ch.77-387; s.167, ch.91-224; s.829, ch.97-102.

  1. Note. — Former s.85.27.713.77  Liens of owners, operators, or keepers of mobile home or recreational vehicle parks; ejection of occupants.
  2. A lien prior in dignity to all others except a lien for unpaid purchase price shall exist in favor of the owner, operator, or keeper of a mobile home park or recreational vehicle park for rent owing by, and for money or other property advanced to, any occupant thereof upon the goods, chattels, or other personal property of such occupant.

Upon the nonpayment of such sums in accordance with the rules of such park, or for failure to observe any provision of this part or the rules and regulations prescribed by the Department of Health, the owner, operator, or keeper thereof may instantly eject such occupant therefrom.

A lien created in favor of an owner or operator of a mobile home park or recreational vehicle park may be enforced in the same manner as is now or may hereafter be provided by law for the enforcement of liens in favor of keepers of hotels and boardinghouses. Nothing in this section, however, shall prevent an owner or operator of a mobile home park or recreational vehicle park from enforcing any claim for rent under and in the manner provided by landlord and tenant acts of this state.

History. — s.11, ch.12419, 1927; s.1, ch.19365, 1939; CGL 4149; s.36, ch.67-254; s.13, ch.83-321; s.277, ch.99-8. Note. — Former s.85.28.713.78  Liens for recovering, towing, or storing vehicles and vessels. — (1)  For the purposes of this section, the term: (a)  “Vehicle” means any mobile item, whether motorized or not, which is mounted on wheels.

  • B)  “Vessel” means every description of watercraft, barge, and airboat used or capable of being used as a means of transportation on water, other than a seaplane or a “documented vessel” as defined in s.327.02.
  • C)  “Wrecker” means any truck or other vehicle which is used to tow, carry, or otherwise transport motor vehicles or vessels upon the streets and highways of this state and which is equipped for that purpose with a boom, winch, car carrier, or other similar equipment.

(d)  “National Motor Vehicle Title Information System” means the federally authorized electronic National Motor Vehicle Title Information System. (e)  “Equivalent commercially available system” means a service that charges a fee to provide vehicle information and that at a minimum maintains records from those states participating in data sharing with the National Motor Vehicle Title Information System.

2)  Whenever a person regularly engaged in the business of transporting vehicles or vessels by wrecker, tow truck, or car carrier recovers, removes, or stores a vehicle or vessel upon instructions from: (a)  The owner thereof; (b)  The owner or lessor, or a person authorized by the owner or lessor, of property on which such vehicle or vessel is wrongfully parked, and the removal is done in compliance with s.715.07; (c)  The landlord or a person authorized by the landlord, when such motor vehicle or vessel remained on the premises after the tenancy terminated and the removal is done in compliance with s.83.806 or s.715.104; or (d)  Any law enforcement agency, she or he shall have a lien on the vehicle or vessel for a reasonable towing fee and for a reasonable storage fee; except that no storage fee shall be charged if the vehicle is stored for less than 6 hours.

(3)  This section does not authorize any person to claim a lien on a vehicle for fees or charges connected with the immobilization of such vehicle using a vehicle boot or other similar device pursuant to s.715.07. (4)(a)  Any person regularly engaged in the business of recovering, towing, or storing vehicles or vessels who comes into possession of a vehicle or vessel pursuant to subsection (2), and who claims a lien for recovery, towing, or storage services, shall give notice to the registered owner, the insurance company insuring the vehicle notwithstanding the provisions of s.627.736, and to all persons claiming a lien thereon, as disclosed by the records in the Department of Highway Safety and Motor Vehicles or as disclosed by the records of any corresponding agency in any other state in which the vehicle is identified through a records check of the National Motor Vehicle Title Information System or an equivalent commercially available system as being titled or registered.

(b)  Whenever any law enforcement agency authorizes the removal of a vehicle or vessel or whenever any towing service, garage, repair shop, or automotive service, storage, or parking place notifies the law enforcement agency of possession of a vehicle or vessel pursuant to s.715.07(2)(a)2., the law enforcement agency of the jurisdiction where the vehicle or vessel is stored shall contact the Department of Highway Safety and Motor Vehicles, or the appropriate agency of the state of registration, if known, within 24 hours through the medium of electronic communications, giving the full description of the vehicle or vessel.

Upon receipt of the full description of the vehicle or vessel, the department shall search its files to determine the owner’s name, the insurance company insuring the vehicle or vessel, and whether any person has filed a lien upon the vehicle or vessel as provided in s.319.27(2) and (3) and notify the applicable law enforcement agency within 72 hours.

  • The person in charge of the towing service, garage, repair shop, or automotive service, storage, or parking place shall obtain such information from the applicable law enforcement agency within 5 days after the date of storage and shall give notice pursuant to paragraph (a).
  • The department may release the insurance company information to the requestor notwithstanding the provisions of s.627.736.

(c)  Notice by certified mail shall be sent within 7 business days after the date of storage of the vehicle or vessel to the registered owner, the insurance company insuring the vehicle notwithstanding the provisions of s.627.736, and all persons of record claiming a lien against the vehicle or vessel.

It shall state the fact of possession of the vehicle or vessel, that a lien as provided in subsection (2) is claimed, that charges have accrued and the amount thereof, that the lien is subject to enforcement pursuant to law, and that the owner or lienholder, if any, has the right to a hearing as set forth in subsection (5), and that any vehicle or vessel which remains unclaimed, or for which the charges for recovery, towing, or storage services remain unpaid, may be sold free of all prior liens after 35 days if the vehicle or vessel is more than 3 years of age or after 50 days if the vehicle or vessel is 3 years of age or less.

(d)  If attempts to locate the name and address of the owner or lienholder prove unsuccessful, the towing-storage operator shall, after 7 working days, excluding Saturday and Sunday, of the initial tow or storage, notify the public agency of jurisdiction where the vehicle or vessel is stored in writing by certified mail or acknowledged hand delivery that the towing-storage company has been unable to locate the name and address of the owner or lienholder and a physical search of the vehicle or vessel has disclosed no ownership information and a good faith effort has been made, including records checks of the Department of Highway Safety and Motor Vehicles database and the National Motor Vehicle Title Information System or an equivalent commercially available system.

For purposes of this paragraph and subsection (9), “good faith effort” means that the following checks have been performed by the company to establish prior state of registration and for title: 1.  Check of the Department of Highway Safety and Motor Vehicles database for the owner and any lienholder.2.  Check of the electronic National Motor Vehicle Title Information System or an equivalent commercially available system to determine the state of registration when there is not a current registration record for the vehicle on file with the Department of Highway Safety and Motor Vehicles.3.  Check of vehicle or vessel for any type of tag, tag record, temporary tag, or regular tag.4.  Check of law enforcement report for tag number or other information identifying the vehicle or vessel, if the vehicle or vessel was towed at the request of a law enforcement officer.5.  Check of trip sheet or tow ticket of tow truck operator to see if a tag was on vehicle or vessel at beginning of tow, if private tow.6.  If there is no address of the owner on the impound report, check of law enforcement report to see if an out-of-state address is indicated from driver license information.7.  Check of vehicle or vessel for inspection sticker or other stickers and decals that may indicate a state of possible registration.8.  Check of the interior of the vehicle or vessel for any papers that may be in the glove box, trunk, or other areas for a state of registration.9.  Check of vehicle for vehicle identification number.10.  Check of vessel for vessel registration number.11.  Check of vessel hull for a hull identification number which should be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or, if there is no transom, to the outmost seaboard side at the end of the hull that bears the rudder or other steering mechanism.

(5)(a)  The owner of a vehicle or vessel removed pursuant to the provisions of subsection (2), or any person claiming a lien, other than the towing-storage operator, within 10 days after the time she or he has knowledge of the location of the vehicle or vessel, may file a complaint in the county court of the county in which the vehicle or vessel is stored to determine if her or his property was wrongfully taken or withheld from her or him.

(b)  Upon filing of a complaint, an owner or lienholder may have her or his vehicle or vessel released upon posting with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing or storage and lot rental amount to ensure the payment of such charges in the event she or he does not prevail.

Upon the posting of the bond and the payment of the applicable fee set forth in s.28.24, the clerk of the court shall issue a certificate notifying the lienor of the posting of the bond and directing the lienor to release the vehicle or vessel. At the time of such release, after reasonable inspection, she or he shall give a receipt to the towing-storage company reciting any claims she or he has for loss or damage to the vehicle or vessel or the contents thereof.

C)  Upon determining the respective rights of the parties, the court may award damages, attorney’s fees, and costs in favor of the prevailing party. In any event, the final order shall provide for immediate payment in full of recovery, towing, and storage fees by the vehicle or vessel owner or lienholder; or the agency ordering the tow; or the owner, lessee, or agent thereof of the property from which the vehicle or vessel was removed.

(6)  Any vehicle or vessel which is stored pursuant to subsection (2) and which remains unclaimed, or for which reasonable charges for recovery, towing, or storing remain unpaid, and any contents not released pursuant to subsection (10), may be sold by the owner or operator of the storage space for such towing or storage charge after 35 days from the time the vehicle or vessel is stored therein if the vehicle or vessel is more than 3 years of age or after 50 days following the time the vehicle or vessel is stored therein if the vehicle or vessel is 3 years of age or less.

  1. The sale shall be at public sale for cash.
  2. If the date of the sale was not included in the notice required in subsection (4), notice of the sale shall be given to the person in whose name the vehicle or vessel is registered and to all persons claiming a lien on the vehicle or vessel as shown on the records of the Department of Highway Safety and Motor Vehicles or of any corresponding agency in any other state in which the vehicle is identified through a records check of the National Motor Vehicle Title Information System or an equivalent commercially available system as being titled.

Notice shall be sent by certified mail to the owner of the vehicle or vessel and the person having the recorded lien on the vehicle or vessel at the address shown on the records of the registering agency and shall be mailed not less than 15 days before the date of the sale.

  • After diligent search and inquiry, if the name and address of the registered owner or the owner of the recorded lien cannot be ascertained, the requirements of notice by mail may be dispensed with.
  • In addition to the notice by mail, public notice of the time and place of sale shall be made by publishing a notice thereof one time, at least 10 days prior to the date of the sale, in a newspaper of general circulation in the county in which the sale is to be held.

The proceeds of the sale, after payment of reasonable towing and storage charges, and costs of the sale, in that order of priority, shall be deposited with the clerk of the circuit court for the county if the owner or lienholder is absent, and the clerk shall hold such proceeds subject to the claim of the owner or lienholder legally entitled thereto.

  1. The clerk shall be entitled to receive 5 percent of such proceeds for the care and disbursement thereof.
  2. The certificate of title issued under this law shall be discharged of all liens unless otherwise provided by court order.
  3. The owner or lienholder may file a complaint after the vehicle or vessel has been sold in the county court of the county in which it is stored.

Upon determining the respective rights of the parties, the court may award damages, attorney’s fees, and costs in favor of the prevailing party. (7)(a)  A wrecker operator recovering, towing, or storing vehicles or vessels is not liable for damages connected with such services, theft of such vehicles or vessels, or theft of personal property contained in such vehicles or vessels, provided that such services have been performed with reasonable care and provided, further, that, in the case of removal of a vehicle or vessel upon the request of a person purporting, and reasonably appearing, to be the owner or lessee, or a person authorized by the owner or lessee, of the property from which such vehicle or vessel is removed, such removal has been done in compliance with s.715.07.

Further, a wrecker operator is not liable for damage to a vehicle, vessel, or cargo that obstructs the normal movement of traffic or creates a hazard to traffic and is removed in compliance with the request of a law enforcement officer. (b)  For the purposes of this subsection, a wrecker operator is presumed to use reasonable care to prevent the theft of a vehicle or vessel or of any personal property contained in such vehicle stored in the wrecker operator’s storage facility if all of the following apply: 1.  The wrecker operator surrounds the storage facility with a chain-link or solid-wall type fence at least 6 feet in height; 2.  The wrecker operator has illuminated the storage facility with lighting of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet during nighttime; and 3.  The wrecker operator uses one or more of the following security methods to discourage theft of vehicles or vessels or of any personal property contained in such vehicles or vessels stored in the wrecker operator’s storage facility: a.  A night dispatcher or watchman remains on duty at the storage facility from sunset to sunrise; b.  A security dog remains at the storage facility from sunset to sunrise; c.  Security cameras or other similar surveillance devices monitor the storage facility; or d.  A security guard service examines the storage facility at least once each hour from sunset to sunrise.

(c)  Any law enforcement agency requesting that a motor vehicle be removed from an accident scene, street, or highway must conduct an inventory and prepare a written record of all personal property found in the vehicle before the vehicle is removed by a wrecker operator.

  • However, if the owner or driver of the motor vehicle is present and accompanies the vehicle, no inventory by law enforcement is required.
  • A wrecker operator is not liable for the loss of personal property alleged to be contained in such a vehicle when such personal property was not identified on the inventory record prepared by the law enforcement agency requesting the removal of the vehicle.

(8)  A person regularly engaged in the business of recovering, towing, or storing vehicles or vessels, except a person licensed under chapter 493 while engaged in “repossession” activities as defined in s.493.6101, may not operate a wrecker, tow truck, or car carrier unless the name, address, and telephone number of the company performing the service is clearly printed in contrasting colors on the driver and passenger sides of its vehicle.

  1. The name must be in at least 3-inch permanently affixed letters, and the address and telephone number must be in at least 1-inch permanently affixed letters.
  2. 9)  Failure to make good faith best efforts to comply with the notice requirements of this section shall preclude the imposition of any storage charges against such vehicle or vessel.

(10)  Persons who provide services pursuant to this section shall permit vehicle or vessel owners, lienholders, insurance company representatives, or their agents, which agency is evidenced by an original writing acknowledged by the owner before a notary public or other person empowered by law to administer oaths, to inspect the towed vehicle or vessel and shall release to the owner, lienholder, or agent the vehicle, vessel, or all personal property not affixed to the vehicle or vessel which was in the vehicle or vessel at the time the vehicle or vessel came into the custody of the person providing such services.

(11)(a)  Any person regularly engaged in the business of recovering, towing, or storing vehicles or vessels who comes into possession of a vehicle or vessel pursuant to subsection (2) and who has complied with the provisions of subsections (3) and (6), when such vehicle or vessel is to be sold for purposes of being dismantled, destroyed, or changed in such manner that it is not the motor vehicle or vessel described in the certificate of title, shall report the vehicle to the National Motor Vehicle Title Information System and apply to the Department of Highway Safety and Motor Vehicles for a certificate of destruction.

A certificate of destruction, which authorizes the dismantling or destruction of the vehicle or vessel described therein, shall be reassignable a maximum of two times before dismantling or destruction of the vehicle shall be required, and shall accompany the vehicle or vessel for which it is issued, when such vehicle or vessel is sold for such purposes, in lieu of a certificate of title.

The application for a certificate of destruction must include proof of reporting to the National Motor Vehicle Title Information System and an affidavit from the applicant that it has complied with all applicable requirements of this section and, if the vehicle or vessel is not registered in this state or any other state, by a statement from a law enforcement officer that the vehicle or vessel is not reported stolen, and shall be accompanied by such documentation as may be required by the department.

(b)  The Department of Highway Safety and Motor Vehicles shall charge a fee of $3 for each certificate of destruction. A service charge of $4.25 shall be collected and retained by the tax collector who processes the application. (12)(a)  Any person who violates any provision of subsection (1), subsection (2), subsection (4), subsection (5), subsection (6), or subsection (7) is guilty of a misdemeanor of the first degree, punishable as provided in s.775.082 or s.775.083.

  1. B)  Any person who violates the provisions of subsections (8) through (11) is guilty of a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084.
  2. C)  Any person who uses a false or fictitious name, gives a false or fictitious address, or makes any false statement in any application or affidavit required under the provisions of this section is guilty of a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084.

(d)  Employees of the Department of Highway Safety and Motor Vehicles and law enforcement officers are authorized to inspect the records of any person regularly engaged in the business of recovering, towing, or storing vehicles or vessels or transporting vehicles or vessels by wrecker, tow truck, or car carrier, to ensure compliance with the requirements of this section.

  • Any person who fails to maintain records, or fails to produce records when required in a reasonable manner and at a reasonable time, commits a misdemeanor of the first degree, punishable as provided in s.775.082 or s.775.083.
  • 13)(a)  Upon receipt by the Department of Highway Safety and Motor Vehicles of written notice from a wrecker operator who claims a wrecker operator’s lien under paragraph (2)(d) for recovery, towing, or storage of an abandoned vehicle or vessel upon instructions from any law enforcement agency, for which a certificate of destruction has been issued under subsection (11) and the vehicle has been reported to the National Motor Vehicle Title Information System, the department shall place the name of the registered owner of that vehicle or vessel on the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under s.320.03(8).

If the vehicle or vessel is owned jointly by more than one person, the name of each registered owner shall be placed on the list. The notice of wrecker operator’s lien shall be submitted on forms provided by the department, which must include: 1.  The name, address, and telephone number of the wrecker operator.2.  The name of the registered owner of the vehicle or vessel and the address to which the wrecker operator provided notice of the lien to the registered owner under subsection (4).3.  A general description of the vehicle or vessel, including its color, make, model, body style, and year.4.  The vehicle identification number (VIN); registration license plate number, state, and year; validation decal number, state, and year; vessel registration number; hull identification number; or other identification number, as applicable.5.  The name of the person or the corresponding law enforcement agency that requested that the vehicle or vessel be recovered, towed, or stored.6.  The amount of the wrecker operator’s lien, not to exceed the amount allowed by paragraph (b).

B)  For purposes of this subsection only, the amount of the wrecker operator’s lien for which the department will prevent issuance of a license plate or revalidation sticker may not exceed the amount of the charges for recovery, towing, and storage of the vehicle or vessel for 7 days. These charges may not exceed the maximum rates imposed by the ordinances of the respective county or municipality under ss.125.0103(1)(c) and 166.043(1)(c).

This paragraph does not limit the amount of a wrecker operator’s lien claimed under subsection (2) or prevent a wrecker operator from seeking civil remedies for enforcement of the entire amount of the lien, but limits only that portion of the lien for which the department will prevent issuance of a license plate or revalidation sticker.

(c)1.  The registered owner of a vehicle or vessel may dispute a wrecker operator’s lien, by notifying the department of the dispute in writing on forms provided by the department, if at least one of the following applies: a.  The registered owner presents a notarized bill of sale proving that the vehicle or vessel was sold in a private or casual sale before the vehicle or vessel was recovered, towed, or stored.b.  The registered owner presents proof that the Florida certificate of title of the vehicle or vessel was sold to a licensed dealer as defined in s.319.001 before the vehicle or vessel was recovered, towed, or stored.c.  The records of the department were marked “sold” prior to the date of the tow.

If the registered owner’s dispute of a wrecker operator’s lien complies with one of these criteria, the department shall immediately remove the registered owner’s name from the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under s.320.03(8), thereby allowing issuance of a license plate or revalidation sticker.

If the vehicle or vessel is owned jointly by more than one person, each registered owner must dispute the wrecker operator’s lien in order to be removed from the list. However, the department shall deny any dispute and maintain the registered owner’s name on the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under s.320.03(8) if the wrecker operator has provided the department with a certified copy of the judgment of a court which orders the registered owner to pay the wrecker operator’s lien claimed under this section.

In such a case, the amount of the wrecker operator’s lien allowed by paragraph (b) may be increased to include no more than $500 of the reasonable costs and attorney’s fees incurred in obtaining the judgment. The department’s action under this subparagraph is ministerial in nature, shall not be considered final agency action, and is appealable only to the county court for the county in which the vehicle or vessel was ordered removed.2.  A person against whom a wrecker operator’s lien has been imposed may alternatively obtain a discharge of the lien by filing a complaint, challenging the validity of the lien or the amount thereof, in the county court of the county in which the vehicle or vessel was ordered removed.

Upon filing of the complaint, the person may have her or his name removed from the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under s.320.03(8), thereby allowing issuance of a license plate or revalidation sticker, upon posting with the court a cash or surety bond or other adequate security equal to the amount of the wrecker operator’s lien to ensure the payment of such lien in the event she or he does not prevail.

Upon the posting of the bond and the payment of the applicable fee set forth in s.28.24, the clerk of the court shall issue a certificate notifying the department of the posting of the bond and directing the department to release the wrecker operator’s lien.

Upon determining the respective rights of the parties, the court may award damages and costs in favor of the prevailing party.3.  If a person against whom a wrecker operator’s lien has been imposed does not object to the lien, but cannot discharge the lien by payment because the wrecker operator has moved or gone out of business, the person may have her or his name removed from the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under s.320.03(8), thereby allowing issuance of a license plate or revalidation sticker, upon posting with the clerk of court in the county in which the vehicle or vessel was ordered removed, a cash or surety bond or other adequate security equal to the amount of the wrecker operator’s lien.

Upon the posting of the bond and the payment of the application fee set forth in s.28.24, the clerk of the court shall issue a certificate notifying the department of the posting of the bond and directing the department to release the wrecker operator’s lien.

  • The department shall mail to the wrecker operator, at the address upon the lien form, notice that the wrecker operator must claim the security within 60 days, or the security will be released back to the person who posted it.
  • At the conclusion of the 60 days, the department shall direct the clerk as to which party is entitled to payment of the security, less applicable clerk’s fees.4.  A wrecker operator’s lien expires 5 years after filing.

(d)  Upon discharge of the amount of the wrecker operator’s lien allowed by paragraph (b), the wrecker operator must issue a certificate of discharged wrecker operator’s lien on forms provided by the department to each registered owner of the vehicle or vessel attesting that the amount of the wrecker operator’s lien allowed by paragraph (b) has been discharged.

Upon presentation of the certificate of discharged wrecker operator’s lien by the registered owner, the department shall immediately remove the registered owner’s name from the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under s.320.03(8), thereby allowing issuance of a license plate or revalidation sticker.

Issuance of a certificate of discharged wrecker operator’s lien under this paragraph does not discharge the entire amount of the wrecker operator’s lien claimed under subsection (2), but only certifies to the department that the amount of the wrecker operator’s lien allowed by paragraph (b), for which the department will prevent issuance of a license plate or revalidation sticker, has been discharged.

E)  When a wrecker operator files a notice of wrecker operator’s lien under this subsection, the department shall charge the wrecker operator a fee of $2, which shall be deposited into the General Revenue Fund. A service charge of $2.50 shall be collected and retained by the tax collector who processes a notice of wrecker operator’s lien.

(f)  This subsection applies only to the annual renewal in the registered owner’s birth month of a motor vehicle registration and does not apply to the transfer of a registration of a motor vehicle sold by a motor vehicle dealer licensed under chapter 320, except for the transfer of registrations which includes the annual renewals.

  1. This subsection does not apply to any vehicle registered in the name of the lessor.
  2. This subsection does not affect the issuance of the title to a motor vehicle, notwithstanding s.319.23(8)(b). History.
  3. S.2, ch.76-83; s.1, ch.79-206; s.1, ch.79-244; s.1, ch.79-410; s.7, ch.90-283; s.2, ch.92-148; s.10, ch.93-49; s.830, ch.97-102; s.11, ch.98-324; s.64, ch.99-248; s.41, ch.2000-362; s.3, ch.2001-164; s.36, ch.2001-196; s.17, ch.2002-235; s.16, ch.2003-179; s.3, ch.2005-137; s.94, ch.2005-164; s.10, ch.2006-172; s.6, ch.2009-206; s.2, ch.2012-103; s.71, ch.2012-181; s.105, ch.2013-18; s.75, ch.2013-160; s.164, ch.2014-17; s.9, ch.2014-70; s.3, ch.2017-82.713.785  Liens for recovering, towing, or storing mobile homes.

— (1)  As used in this section, the term: (a)  “Mobile home transport company” means a person regularly engaged in the business of transporting mobile homes. (b)  “Store” means a mobile home transport company has legal possession of a mobile home either on the mobile home transport company’s property or on any other property.

(c)  “Unpaid lot rental amount” or “rent” means any unpaid financial obligations of the mobile home owner or tenant to the mobile home park owner defined as “lot rental amount” in s.723.003 or “rent” in part II of chapter 83 and includes any amounts defined as storage charges in s.723.084. (2)  If the mobile home transport company recovers, removes, or stores a mobile home upon instructions from: (a)  The owner of the mobile home; (b)  Any law enforcement agency; or (c)  A mobile home park owner as defined in s.723.003 who has a current writ of possession for a mobile home lot under s.723.062 or s.83.62, the mobile home transport company has a lien on the mobile home for a reasonable towing fee and for a reasonable storage fee.

(3)(a)  A mobile home transport company that comes into possession of a mobile home under subsection (2) and that claims a lien for recovery, towing, or storage services must give notice to the registered owner and to all persons claiming a lien on the mobile home, as disclosed by the records in the Department of Highway Safety and Motor Vehicles or of a corresponding agency in any other state.

(b)  Notice by certified mail, return receipt requested, shall be sent within 7 business days after the date of storage of the mobile home to the registered owner at the owner’s last known address, and all persons of record claiming a lien against the mobile home. The notice shall state the fact of possession of the mobile home, that a lien as provided in subsection (2) is claimed, that charges have accrued and the amount thereof, that the lien is subject to enforcement under law and that the owner or lienholder, if any, has the right to a hearing as set forth in subsection (4), and that any mobile home which remains unclaimed, or for which charges remain unpaid, may be sold free of all prior liens after 35 days following the eviction proceeding that resulted in the issuance of the writ of possession, provided that any lienholder entitled to notice pursuant to s.723.084 has received such notice and has failed to act pursuant to s.723.084 to pay storage charges, take possession of the home, or take legal action to foreclose its interest prior to issuance of the writ of possession.

(4)(a)  The owner of a mobile home stored under subsection (2), or any person claiming a lien of record, other than the mobile home transport company, within 10 days after the time she or he has knowledge of the location of the mobile home, may file a complaint in the court of the county in which the mobile home is stored, to determine if her or his property was wrongfully taken or withheld from her or him.

(b)  Upon filing of a complaint, an owner or lienholder may have the mobile home released upon posting with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing or storage and lot rental amount due and owing at that time to ensure the payment of the charges in the event she or he does not prevail.

Upon the posting of the bond and the payment of the applicable fee set forth in s.28.24, the clerk of the court shall issue a certificate notifying the mobile home transport company of the posting of the bond and directing the mobile home transport company to release the mobile home.

  1. At the time of the release, after reasonable inspection, she or he shall give a receipt to the mobile home transport company citing any claims she or he has for loss or damage to the mobile home or the contents thereof.
  2. C)  Upon determining the respective rights of the parties, the court may award damages and costs in favor of the prevailing party.

The final order shall provide for immediate payment in full of any lien for recovery, towing, and storage fees and any unpaid lot rental amount accruing until the time the home is removed from the property, by the mobile home owner or lienholder, or the owner, lessee, or agent thereof of the property from which the mobile home was removed.

5)  A mobile home that is stored under subsection (2) and which remains unclaimed, or for which reasonable charges for recovery, towing, or storing remain unpaid or for which a lot rental amount is due and owing to the mobile home park owner as evidenced by a judgment for unpaid rent and any contents of the mobile home not released under subsection (9), may be sold by the mobile home transport company for the towing or storage charge and any unpaid lot rental amount 35 days after the mobile home is stored by a mobile home transport company.

The sale shall be at public auction for cash. If the date of the sale was not included in the notice required by subsection (3), notice of the sale must be given to the person in whose name the mobile home is registered at her or his last known address, to the mobile home park owner, and to all persons claiming a lien on the mobile home as shown on the records of the Department of Highway Safety and Motor Vehicles or of the corresponding agency in any other state.

Notice must be sent by certified mail, return receipt requested, at least 15 days before the date of the sale. After diligent search and inquiry, if the name and address of the registered owner or the owner of the recorded lien cannot be ascertained, the requirements of notice by mail may be dispensed with.

In addition to the notice by mail, public notice of the time and place of sale must be made by publishing a notice of the sale one time, at least 10 days before the date of the sale, in a newspaper of general circulation in the county in which the sale is to be held.

The proceeds of the sale, after payment of reasonable towing and storage charges, costs of the sale, and the unpaid lot rental amount as evidenced by the judgment for unpaid lot rental and an affidavit executed by the mobile home park owner or the owner’s agent establishing the amount of unpaid lot rental amount through the date of the sale, in that order of priority, must be deposited with the clerk of the circuit court for the county if the owner is absent, and the clerk shall hold the proceeds subject to the claim of the person legally entitled to those proceeds.

The clerk is entitled to receive 5 percent of the proceeds for the care and disbursement of the proceeds. The certificate of title issued under this section shall be discharged of all liens unless otherwise provided by court order. (6)  The mobile home transport company, the landlord or his or her agent, or any subsequent purchaser for value is not responsible to the tenant or any other party for loss, destruction, or damage to the mobile home or other personal property after coming into possession of the mobile home under this section, provided the mobile home transport company, the landlord, or their agents use reasonable care in storing the mobile home.

As used in this subsection, the term “reasonable care” means securing the mobile home by changing door locks, or any similar methods for securing the mobile home, in place in the mobile home park or in a separate storage area. (7)(a)  A mobile home transport company that comes into possession of a mobile home under subsection (2) and that complies with subsection (3), if the mobile home is to be sold for purposes of being dismantled, destroyed, or changed so that it is not the mobile home described in the certificate of title, must apply to the county tax collector for a certificate of destruction.

A certificate of destruction, which authorizes the dismantling or destruction of the mobile home described in the certificate, is reassignable no more than twice before dismantling or destruction of the mobile home, and the certificate must accompany the mobile home for which it is issued when the mobile home is sold for that purpose, in lieu of a certificate of title.

The application for a certificate of destruction must include an affidavit from the applicant that it has complied with all applicable requirements of this section; must, if the mobile home is not registered in this state, include a statement from a law enforcement officer that the mobile home is not reported stolen; and shall be accompanied by any other documentation as may be required by the department.

(b)  The Department of Highway Safety and Motor Vehicles shall charge a fee of $3 for each certificate of destruction. The tax collector who processes the application shall collect and retain a service charge of $4.25. (c)  Employees of the Department of Highway Safety and Motor Vehicles and law enforcement officers may inspect the records of each mobile home transport company in this state to ensure compliance with this section.

8)(a)  Upon receipt by the Department of Highway Safety and Motor Vehicles of written notice from a mobile home transport company that claims a lien under paragraph (2)(b) or paragraph (2)(c) for recovery, towing, or storage of a mobile home for which a certificate of destruction has been issued under subsection (7), the department shall place the name of the registered owner of that mobile home on the list of those persons who may not be issued a revalidation sticker under s.320.03.

If the mobile home is owned jointly by more than one person, the name of each registered owner must be placed on the list. The notice of a mobile home transport company’s lien must be submitted on forms provided by the department, which must include: 1.  The name, address, and telephone number of the mobile home transport company.2.  The name of the registered owner of the mobile home and the address to which the mobile home transport company provided notice of the lien to the registered owner under subsection (3).3.  A general description of the mobile home, including its color, make, model, body style, and year.4.  The mobile home sticker number, state, and year or other identification number, as applicable.5.  The name of the person or the corresponding law enforcement agency that requested that the mobile home be recovered, towed, or stored.6.  The amount of the lien, not to exceed the amount allowed by paragraph (b).

(b)  For purposes of this subsection, the amount of the mobile home transport company’s lien for which the department will prevent issuance of a revalidation sticker may not exceed the amount of the charges for recovery, towing, and storage of the mobile home for 7 days. These charges may not exceed the maximum rates imposed by the ordinances of the respective county or municipality under ss.125.0103(1)(c) and 166.043(1)(c).

This paragraph does not limit the amount of a mobile home transport company’s lien claimed under subsection (2) or prevent a mobile home transport company from seeking civil remedies for enforcement of the entire amount of the lien, but limits only that portion of the lien for which the department will prevent issuance of a revalidation sticker.

(c)1.  The registered owner of the mobile home may dispute the mobile home transport company’s lien by notifying the department of the dispute in writing on forms provided by the department, if at least one of the following applies: a.  The registered owner presents a notarized bill of sale proving that the mobile home was sold in a private or casual sale before the mobile home was recovered, towed, or stored.b.  The registered owner presents proof that the Florida certificate of title of the mobile home was sold to a licensed dealer as defined in s.319.001 before the mobile home was recovered, towed, or stored.c.  The records of the department were marked to indicate that the mobile home was sold before the issuance of the certificate of destruction under subsection (7).

If the registered owner’s dispute of a mobile home transport company’s lien complies with one of these criteria, the department shall immediately remove the registered owner’s name from the list of those persons who may not be issued a revalidation sticker under s.320.03.

  • If the mobile home is owned jointly by more than one person, each registered owner must dispute the mobile home transport company’s lien in order to be removed from the list.
  • However, the department shall deny any dispute and maintain the registered owner’s name on the list of those persons who may not be issued a revalidation sticker if the mobile home transport company has provided the department with a certified copy of the judgment of a court which orders the registered owner to pay the mobile home transport company’s lien claimed under this section.

In such a case, the amount of the mobile home transport company’s lien allowed by paragraph (b) may be increased to include no more than $500 of the reasonable costs and attorney’s fees incurred in obtaining the judgment. The department’s action under this subparagraph is ministerial in nature, is not final agency action, and is appealable only to the county court for the county in which the mobile home was ordered removed.2.  A person against whom a mobile home transport company’s lien has been imposed may alternatively obtain a discharge of the lien by filing a complaint, challenging the validity of the lien or the amount thereof, in the county court of the county in which the mobile home was ordered removed.

Upon filing of the complaint, the person may have her or his name removed from the list of those persons who may not be issued a revalidation sticker for any mobile home under s.320.03 upon posting with the court a cash or surety bond or other adequate security equal to the amount of the mobile home transport company’s lien to ensure the payment of the lien in the event she or he does not prevail.

Upon the posting of the bond and the payment of the applicable fee set forth in s.28.24, the clerk of the court shall issue a certificate notifying the department of the posting of the bond and directing the department to release the mobile home transport company’s lien.

Upon determining the respective rights of the parties, the court may award damages and costs in favor of the prevailing party.3.  If a person against whom a mobile home transport company’s lien has been imposed does not object to the lien, but cannot discharge the lien by payment because the mobile home transport company has moved or gone out of business, the person may have her or his name removed from the list of those persons who may not be issued a revalidation sticker under s.320.03, upon posting with the clerk of court in the county in which the mobile home was ordered removed a cash or surety bond or other adequate security equal to the amount of the mobile home transport company’s lien.

Upon the posting of the bond and the payment of the application fee set forth in s.28.24, the clerk of the court shall issue a certificate notifying the department of the posting of the bond and directing the department to release the mobile home transport company’s lien.

The department shall mail to the mobile home transport company, at the address upon the lien form, notice that the mobile home transport company must claim the security within 60 days or the security will be released to the person who posted it. At the conclusion of the 60 days, the department shall direct the clerk as to which party is entitled to payment of the security, less applicable fees of the clerk.4.  A mobile home transport company’s lien expires 5 years after filing.

(d)  Upon discharge of the amount of the mobile home transport company’s lien allowed under paragraph (b), the mobile home transport company must issue a certificate of discharged lien on a form provided by the department to each registered owner of the mobile home attesting that the amount of the mobile home transport company’s lien allowed under paragraph (b) has been discharged.

  • Upon presentation of the certificate of discharged lien by the registered owner, the department shall immediately remove the registered owner’s name from the list of those persons who may not be issued a revalidation sticker under s.320.03.
  • Issuance of a certificate of discharged lien under this paragraph does not discharge the entire amount of the mobile home transport company’s lien claimed under subsection (2), but certifies to the department only that the amount of the mobile home transport company’s lien allowed by paragraph (b), for which the department will prevent issuance of a revalidation sticker, has been discharged.

(e)  When a mobile home transport company files a notice of lien under this subsection, the department shall charge the mobile home transport company a fee of $2, which must be deposited into the General Revenue Fund. The tax collector who processes a notice of lien shall collect and retain a service charge of $2.50.

(9)  Persons who provide services under this section shall permit a mobile home owner or her or his agent, whose agency is evidenced by a writing acknowledged by the owner before a notary public or other person empowered by law to administer oaths, to inspect the mobile home and shall release to the owner or agent all personal property not affixed to the mobile home, provided there exists no landlord’s lien for rent under s.713.691 or s.713.77.

(10)  Any person who violates subsection (3), subsection (5), subsection (6), subsection (7), or subsection (9) commits a misdemeanor of the first degree, punishable as provided in s.775.082 or s.775.083. History. — s.4, ch.2005-137; s.106, ch.2013-18.713.79  Liens for interior design services.

— Any person who, as part of his or her services performed as an interior designer, furnishes any articles of furniture, including, but not limited to, desks, tables, lamps, area rugs, wall hangings, photographs, paintings or other works of art, or any items of furnishing, subject to compliance with and the limitations imposed by this part, shall have a lien upon all such articles furnished and upon all such articles manufactured or converted from such furnishing, provided that the same shall be tangible personal property and provided further that such furnishings are rendered in accordance with a written contract and under direct contract with the owner.

History. — s.3, ch.85-103; s.831, ch.97-102. PART III OIL AND GAS LIENS 713.801  Definitions.713.803  Entitlement to lien.713.805  Property subject to lien.713.807  Subcontractors’ lien.713.809  Forfeiture or failure of title.713.811  Notice to purchasers of oil and gas.713.813  Liability of interest holder to subcontractors.713.815  Date lien arises.713.817  Parity of liens; exception.713.819  When single claim of lien sufficient.713.821  Claim of lien.713.823  Release of lien by filing bond.713.825  Duration of lien.713.801  Definitions.

— As used in this part, the following terms shall have the following meanings unless the context clearly requires another meaning: (1)  “Interest holder” means a person, or his or her agent, holding, for oil or gas purposes or for any oil or gas pipeline, any interest in the legal or equitable title to any land or any leasehold interest, and shall include purchasers under executory contract, receivers, and trustees.

(2)  “Operator” means the person in charge of operations on lands or leaseholds for oil or gas purposes or for any oil or gas pipeline. For the purposes of this part, an operator shall be deemed to be the agent of the interest holder. (3)  “Material” means any machinery, equipment, appliances, buildings, structures, tools, bits, or supplies used in connection with any construction, drilling, or operating upon any land or leasehold for oil or gas purposes or for any oil or gas pipeline.

  1. 4)  “Drilling” means drilling, digging, torpedoing, acidizing, perforating, fracturing, testing, logging, cementing, completing, or repairing upon any land or leasehold for oil or gas purposes or for any oil or gas pipeline.
  2. 5)  “Operating” means conducting any operation in connection with, or necessary to, the production of oil or gas, either in the development thereof or in working thereon in the subtractive process.

(6)  “Construction” means construction, maintenance, operation, or repair in connection with any oil or gas pipeline or in connection with, or necessary for, the production of oil or gas, either in the development thereof or in working thereon in the subtractive process.

  1. 7)  “Oil or gas pipeline” means any pipeline laid and designed as a means of transporting natural gas, oil, or gasoline, or their components or derivatives, and the right-of-way therefor.
  2. 8)  “Original contractor” means any person for whose benefit a lien is prescribed by the provisions of s.713.803.

History. — s.1, ch.75-51; s.832, ch.97-102.713.803  Entitlement to lien. — Any person who, under contract with an interest holder or operator, performs any labor or furnishes any material or service used or furnished to be used: (1)  In the drilling or operating of any oil or gas well upon the land or leasehold of the interest holder or in the construction of any oil or gas pipeline, or (2)  In the construction of any material so used or employed, whether the labor is performed or the material or service is furnished on or off the said land or leasehold, shall be entitled to a lien, whether or not a producing well is obtained and whether or not such material is consumed or becomes a part of the completed oil or gas well or oil or gas pipeline, for the amount due him or her for the performance of such labor or the furnishing of such material or service, but in no case greater than the contract price, with legal interest from the date the same was due.

  1. History. — s.1, ch.75-51; s.833, ch.97-102.713.805  Property subject to lien.
  2. Liens created under s.713.803 shall extend to: (1)  The leasehold interest or that portion thereof covered by an assignment, farmout agreement, or operating agreement held by the operator, whichever shall be the lesser interest, held for oil or gas purposes or for any oil or gas pipeline for which the material or service was furnished or for which the labor was performed, and the appurtenances thereunto belonging as title thereto existed on the date such labor was first performed or such material or service was first furnished.
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However, neither the land itself, apart from the rights granted under an oil or gas lease, nor any mineral interest or royalty interest shall be subject to such lien. (2)  All materials and fixtures owned by the interest holder and used or furnished to be used in the drilling or operating of any oil or gas well, or in the construction of any oil or gas pipeline, located on the land or leasehold held by the interest holder.

(3)  All oil or gas wells located on such land or leasehold, the oil or gas produced therefrom, and the proceeds from the sale thereof inuring to those interests subject to such lien. History. — s.1, ch.75-51; s.1, ch.77-174.713.807  Subcontractors’ lien. — Any person who shall, under contract, perform any labor or furnish any material or service as a subcontractor under an original contractor, or for or to an original contractor or subcontractor under an original contractor, shall be entitled to a lien for the amount due her or him, but in no case greater than the contract price, upon all the property upon which the lien of an original contractor may attach, to the same extent as an original contractor.

The lien provided for in this section shall further extend and attach to all materials and fixtures owned by such original contractor or subcontractor to whom the labor, services, or materials were furnished. History. — s.1, ch.75-51; s.834, ch.97-102.713.809  Forfeiture or failure of title.

— If a lien, as provided for in this part, is imposed on an assignment, farmout agreement, operating agreement, or other equitable interest or legal interest in land or in a leasehold estate, which interest is contingent upon the happening of a condition subsequent, such lien may be perfected and entered against such land or against the leasehold estate, notwithstanding the failure of such interest to ripen into legal title or the failure of such conditions subsequent to be fulfilled.

History. — s.1, ch.75-51.713.811  Notice to purchasers of oil and gas. — No lien under this part, to the extent that it may extend to oil or gas or the proceeds from the sale thereof, shall be effective against any purchaser of such oil or gas until the purchaser has received proper written notice of said claim.

  1. Such notice shall state the name of the claimant and his or her address, the amount for which the lien is claimed, and a description of the land or leasehold upon which the lien is claimed.
  2. Notice shall be delivered personally to the purchaser or by registered or certified mail.
  3. A purchaser who has received such notice shall withhold payment for such oil or gas runs to the extent of the lien amount claimed, together with legal interest, until said lien has been satisfied or held to be invalid by a court of competent jurisdiction.

History. — s.1, ch.75-51; s.835, ch.97-102.713.813  Liability of interest holder to subcontractors. — Nothing in this part shall be deemed to fix a liability upon an interest holder greater than the amount for which the interest holder would be liable to the original contractor.

Payment made by the interest holder to the original contractor prior to notice of a subcontractor’s lien shall be considered satisfaction of obligations to the extent of such payments. Payments made by the interest holder to a subcontractor pursuant to a valid lien shall be considered satisfaction of obligations owed by the interest holder to the contractor under the contract to the extent of such payments.

History. — s.1, ch.75-51.713.815  Date lien arises. — The liens provided for in this part arise on the date of furnishing of the first item of material or service or the date of performance of the first labor. Upon compliance with the provisions of s.713.821, such lien shall be preferred to all other titles, charges, liens, or encumbrances which may, subsequent to the date the lien herein provided for arises, attach to or upon any of the property upon which a lien is given by this part.

History. — s.1, ch.75-51.713.817  Parity of liens; exception. — All liens arising by virtue of this part upon the same property shall be of the same class, except that liens of persons for the performance of labor shall be preferred to all other liens arising by virtue of this part. History. — s.1, ch.75-51.713.819  When single claim of lien sufficient.

— All labor performed, and materials and services furnished, by any person entitled to a lien under this part shall, for the purposes of this part, be considered to have been performed or furnished under a single contract, regardless of whether or not the same was performed or furnished at different times or on separate orders.

  1. However, no more than 90 days shall have elapsed between the date of performance of such labor or the date of furnishing such materials or services and the date on which labor is next performed or materials or services are next furnished. History.
  2. S.1, ch.75-51.713.821  Claim of lien.
  3. The manner of perfecting a lien under this part shall be the same as that provided in s.713.08.

History. — s.1, ch.75-51.713.823  Release of lien by filing bond. — Any lienee may release her or his property from any lien under this part in the manner provided by s.713.76. History. — s.1, ch.75-51; s.836, ch.97-102.713.825  Duration of lien. — No lien provided by this part shall continue for a period longer than 1 year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction.

History. — s.1, ch.75-51. PART IV FLORIDA UNIFORM FEDERAL LIEN REGISTRATION ACT 713.901  Florida Uniform Federal Lien Registration Act.713.901  Florida Uniform Federal Lien Registration Act. — (1)  SHORT TITLE. — This section may be cited as the “Florida Uniform Federal Lien Registration Act.” (2)  SCOPE.

— This section applies only to federal tax liens and to other federal liens, notices of which, under any act of Congress or any regulation adopted pursuant thereto, are required or permitted to be filed in the same manner as notices of federal tax liens.

(3)  PLACE OF FILING. — (a)  Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens, notices of which, under any act of Congress or any regulation adopted pursuant thereto, are required or permitted to be filed in the same manner as notices of federal tax liens, must be filed in accordance with this section.

(b)  Notices of liens upon real property for obligations payable to the United States, and certificates and notices affecting the liens, shall be filed in the office of the clerk of the circuit court of the county in which the real property subject to the liens is situated.

  • If by law the county recorder and custodian of the official records of a county is other than the clerk of the circuit court, a reference in this section to the clerk of the circuit court shall be deemed to be the county recorder so designated by law.
  • C)  Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States, and certificates and notices affecting the liens, shall be filed as follows: 1.  If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the Secretary of State.2.  If the person against whose interest the lien applies is a trust that is not covered by subparagraph 1., in the office of the Secretary of State.3.  If the person against whose interest the lien applies is the estate of a decedent, in the office of the Secretary of State.4.  In all other cases, in the office of the clerk of the circuit court of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.

(4)  EXECUTION OF NOTICES AND CERTIFICATES. — Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his or her delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed, and no other attestation, certification, or acknowledgment is necessary.

  1. 5)  DUTIES OF FILING OFFICER.
  2. A)  If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in paragraph (b) is presented to a filing officer who is: 1.  The Secretary of State or his or her designee, the filing officer shall cause the notice to be marked, held, and indexed in accordance with the provisions of ss.55.202 and 55.203.2.  Any other officer described in subsection (3), the filing officer shall mark and index the notice or certificate in the same manner as other instruments filed for recording in the official records.

(b)  If a certificate of release, nonattachment, discharge, or subordination of any lien, or if a refiled notice of federal lien, is presented to the Secretary of State for filing, he or she shall: 1.  Cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files.2.  Cause a certificate of discharge or subordination to be marked, held, and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.3.  Cause a refiled notice of federal lien to be marked, held, and indexed as if the refiled notice were a continuation statement within the meaning of the Uniform Commercial Code.

  1. 6)  FEES.
  2. A)  The charges or fees of the Secretary of State, with respect to a notice or certificate filed under this section, or for searching records with respect thereto, are: 1.  For filing a notice of lien, which fee shall include the cost of filing a certificate of release or nonstatement for said notice of lien, $25.2.  For indexing of each additional debtor or secured party, $3.3.  For each additional facing page attached to a notice or certificate, $3.4.  For use of a nonapproved form, $5.5.  For filing a certificate of discharge or subordination, $12.6.  For filing a refiled notice of federal lien, $12.7.  For filing any other document required or permitted to be filed under this act, $12.8.  For certifying any record, $10.

(b)  The charges or fees of the clerks of the circuit court with respect to a notice or certificate filed under this section shall be the same as prescribed in s.28.24, relating to instruments recorded in the official records. (7)  UNIFORMITY OF APPLICATION AND CONSTRUCTION.

This section shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among the states enacting it and to permit a filing officer, including the Secretary of State, who is now using a paper filing system to record notices of liens, certificates, and other notices affecting federal tax liens or other federal liens to use a filing system consisting of paper or an electronic or magnetic medium, or some combination thereof, as he or she considers appropriate, and to permit federal officials to file notices of liens upon real or personal property for obligations payable to the United States, and certificates and notices affecting those liens, under the filing system being maintained by the Secretary of State or the filing officer.

History. — s.1, ch.92-25; s.837, ch.97-102; s.17, ch.2001-154; s.31, ch.2007-134.

What is chapter 117 of the Florida Statutes?

CHAPTER 117 CHAPTER 117 NOTARIES PUBLIC PART I GENERAL PROVISIONS (ss.117.01-117.108) PART II ONLINE NOTARIZATIONS (ss.117.201-117.305) 117.01  Appointment, application, suspension, revocation, application fee, bond, and oath.117.021  Electronic notarization.117.03  Administration of oaths.117.04  Acknowledgments.117.045  Marriages.117.05  Use of notary commission; unlawful use; notary fee; seal; duties; employer liability; name change; advertising; photocopies; penalties.117.06  Validity of acts prior to April 1, 1903.117.10  Law enforcement and correctional officers; administration of oaths.117.103  Certification of notary’s authority by Secretary of State.117.105  False or fraudulent acknowledgments; penalty.117.107  Prohibited acts.117.108  Validity of acts, seals, and certificates prior to January 1, 1995.117.01  Appointment, application, suspension, revocation, application fee, bond, and oath.

— (1)  The Governor may appoint as many notaries public as he or she deems necessary, each of whom must be at least 18 years of age and a legal resident of this state. A permanent resident alien may apply and be appointed and shall file with his or her application a recorded Declaration of Domicile. The residence required for appointment must be maintained throughout the term of appointment.

A notary public shall be appointed for 4 years and may only use and exercise the office of notary public if he or she is within the boundaries of this state. An applicant must be able to read, write, and understand the English language. (2)  The application for appointment shall be signed and sworn to by the applicant and shall be accompanied by a fee of $25, together with the $10 commission fee required by s.113.01, and a surcharge of $4, which $4 is appropriated to the Executive Office of the Governor to be used to educate and assist notaries public.

  1. The Executive Office of the Governor may contract with private vendors to provide the services set forth in this section.
  2. However, no commission fee shall be required for the issuance of a commission as a notary public to a veteran who served during a period of wartime service, as defined in s.1.01(14), and who has been rated by the United States Government or the United States Department of Veterans Affairs or its predecessor to have a disability rating of 50 percent or more; such a disability is subject to verification by the Secretary of State, who has authority to adopt reasonable procedures to implement this act.

The oath of office and notary bond required by this section shall also accompany the application and shall be in a form prescribed by the Department of State which shall require, but not be limited to, the following information: full name, residence address and telephone number, business address and telephone number, date of birth, race, sex, social security number, citizenship status, driver license number or the number of other official state-issued identification, affidavit of good character from someone unrelated to the applicant who has known the applicant for 1 year or more, a list of all professional licenses and commissions issued by the state during the previous 10 years and a statement as to whether or not the applicant has had such license or commission revoked or suspended, and a statement as to whether or not the applicant has been convicted of a felony, and, if there has been a conviction, a statement of the nature of the felony and restoration of civil rights.

  1. The applicant may not use a fictitious or assumed name other than a nickname on an application for commission.
  2. The application shall be maintained by the Department of State for the full term of a notary commission.
  3. A notary public shall notify, in writing, the Department of State of any change in his or her business address, home telephone number, business telephone number, home address, or criminal record within 60 days after such change.

The Governor may require any other information he or she deems necessary for determining whether an applicant is eligible for a notary public commission. Each applicant must swear or affirm on the application that the information on the application is true and correct.

  • 3)  As part of the oath, the applicant must swear that he or she has read this chapter and knows the duties, responsibilities, limitations, and powers of a notary public.
  • 4)  The Governor may suspend a notary public for any of the grounds provided in s.7, Art.
  • IV of the State Constitution.
  • Grounds constituting malfeasance, misfeasance, or neglect of duty include, but are not limited to, the following: (a)  A material false statement on the application.

(b)  A complaint found to have merit by the Governor. (c)  Failure to cooperate or respond to an investigation by the Governor’s office or the Department of State regarding a complaint. (d)  Official misconduct as defined in s.838.022. (e)  False or misleading advertising relating to notary public services.

  • F)  Unauthorized practice of law.
  • G)  Failure to report a change in business or home address or telephone number, or failure to submit documentation to request an amended commission after a lawful name change, within the specified period of time.
  • H)  Commission of fraud, misrepresentation, or any intentional violation of this chapter.

(i)  Charging fees in excess of fees authorized by this chapter. (j)  Failure to maintain the bond required by this section. (5)(a)  If a notary public receives notice from the Department of State that his or her office has been declared vacant, the notary shall forthwith mail or deliver to the Secretary of State his or her notary commission.

(b)  A notary public who wishes to resign his or her commission, or a notary public who does not maintain legal residence in this state during the entire term of appointment, or a notary public whose resignation is required by the Governor, shall send a signed letter of resignation to the Governor and shall return his or her certificate of notary public commission.

The resigning notary public shall destroy his or her official notary public seal of office, unless the Governor requests its return. (6)  No person may be automatically reappointed as a notary public. The application process must be completed regardless of whether an applicant is requesting his or her first notary commission, a renewal of a commission, or any subsequent commission.

7)(a)  A notary public shall, prior to executing the duties of the office and throughout the term of office, give bond, payable to any individual harmed as a result of a breach of duty by the notary public acting in his or her official capacity, in the amount of $7,500, conditioned for the due discharge of the office and shall take an oath that he or she will honestly, diligently, and faithfully discharge the duties of the notary public.

The bond shall be approved and filed with the Department of State and executed by a surety company for hire duly authorized to transact business in this state. (b)  Any notary public whose term of appointment extends beyond January 1, 1999, is required to increase the amount of his or her bond to $7,500 only upon reappointment on or after January 1, 1999.

  • C)  Beginning July 1, 1996, surety companies for hire which process notary public applications, oaths, affidavits of character, and bonds for submission to the Department of State must properly submit these documents in a software and hard copy format approved by the Department of State.
  • 8)  Upon payment to any individual harmed as a result of a breach of duty by the notary public, the entity who has issued the bond for the notary public shall notify the Governor of the payment and the circumstances which led to the claim.

History. — s.1, Sept.13, 1822; RS 218; s.1, ch.4544, 1897; GS 302; RGS 413; CGL 479; s.1, ch.21765, 1943; s.1, ch.63-138; s.1, ch.65-256; ss.1, 2, ch.67-54; ss.10, 12, 35, ch.69-106; s.70, ch.71-136; s.1, ch.75-161; s.6, ch.77-121; ss.5, 6, ch.81-260; s.33, ch.83-217; s.3, ch.88-557; s.1, ch.91-291; s.1, ch.92-209; s.746, ch.95-147; s.18, ch.95-280; s.27, ch.95-312; s.2, ch.96-407; s.1, ch.98-246; s.9, ch.2003-158; s.7, ch.2016-151; s.2, ch.2019-71.117.021  Electronic notarization.

  1. 1)  Any document requiring notarization may be notarized electronically.
  2. The provisions of ss.117.01, 117.03, 117.04, 117.05(1)-(11), (13), and (14), 117.105, and 117.107 apply to all notarizations under this section.
  3. 2)  In performing an electronic notarial act, a notary public shall use an electronic signature that is: (a)  Unique to the notary public; (b)  Capable of independent verification; (c)  Retained under the notary public’s sole control and includes access protection through the use of passwords or codes under control of the notary public; and (d)  Attached to or logically associated with the electronic document in a manner that any subsequent alteration to the electronic document displays evidence of the alteration.

(3)  When a signature is required to be accompanied by a notary public seal, the requirement is satisfied when the electronic signature of the notary public contains all of the following seal information: (a)  The full name of the notary public exactly as provided on the notary public’s application for commission; (b)  The words “Notary Public State of Florida”; (c)  The date of expiration of the commission of the notary public; and (d)  The notary public’s commission number.

  1. 4)  A notary public performing a notarial act with respect to an electronic record shall select the technology to be used for such notarial act.
  2. A person may not require the notary public to use a particular technology; however, if the notary public is required by his or her contract or employer to perform notarial acts with respect to electronic records, the contract or employer may require the use of a particular technology for those notarial acts.

(5)  Failure of a notary public to comply with any of the requirements of this section may constitute grounds for suspension of the notary public’s commission by the Executive Office of the Governor. (6)  The Department of State may adopt rules to ensure the security, reliability, and uniformity of signatures and seals authorized in this section.

  1. 7)  The Department of State, in collaboration with the Department of Management Services, shall adopt rules establishing standards for tamper-evident technologies that will indicate any alteration or change to an electronic record after completion of an electronic notarial act.
  2. All electronic notarizations performed on or after January 1, 2020, must comply with the adopted standards.

History. — s.1, ch.2007-257; s.3, ch.2019-71; s.21, ch.2020-2; s.1, ch.2021-137.117.03  Administration of oaths. — A notary public may administer an oath and make a certificate thereof when it is necessary for the execution of any writing or document to be published under the seal of a notary public.

The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required. History. — s.1, Sept.13, 1822; RS 219; GS 304; RGS 415; CGL 481; s.20, ch.73-334; s.1, ch.80-173; s.2, ch.91-291; s.2, ch.92-209; s.2, ch.93-62; s.2, ch.98-246.117.04  Acknowledgments. — A notary public is authorized to take the acknowledgments of deeds and other instruments of writing for record, as fully as other officers of this state.

History. — s.2, ch.1127, 1860; RS 220; GS 305; RGS 416; CGL 482; s.20, ch.73-334; s.8, ch.81-260; s.3, ch.91-291; s.3, ch.93-62; s.3, ch.98-246.117.045  Marriages. — A notary public is authorized to solemnize the rites of matrimony. For solemnizing the rites of matrimony, the fee of a notary public may not exceed those provided by law to the clerks of the circuit court for like services.

  1. History. — s.4, ch.98-246.117.05  Use of notary commission; unlawful use; notary fee; seal; duties; employer liability; name change; advertising; photocopies; penalties.
  2. 1)  A person may not obtain or use a notary public commission in other than his or her legal name, and it is unlawful for a notary public to notarize his or her own signature.

Any person applying for a notary public commission must submit proof of identity to the Department of State. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084. (2)(a)  The fee of a notary public may not exceed $10 for any one notarial act under this part, except as provided in s.117.045 or s.117.275.

B)  A notary public may not charge a fee for witnessing a vote-by-mail ballot in an election, and must witness such a ballot upon the request of an elector, provided the notarial act is in accordance with the provisions of this chapter. (3)(a)  A notary public seal shall be affixed to all notarized paper documents and shall be of the rubber stamp type and shall include the words “Notary Public-State of Florida.” The seal shall also include the name of the notary public, the date of expiration of the commission of the notary public, and the commission number.

The rubber stamp seal must be affixed to the notarized paper document in photographically reproducible black ink. Every notary public shall print, type, or stamp below his or her signature on a paper document his or her name exactly as commissioned. An impression-type seal may be used in addition to the rubber stamp seal, but the rubber stamp seal shall be the official seal for use on a paper document, and the impression-type seal may not be substituted therefor.

  1. B)  The notary public official seal and the certificate of notary public commission are the exclusive property of the notary public and must be kept under the direct and exclusive control of the notary public.
  2. The seal and certificate of commission must not be surrendered to an employer upon termination of employment, regardless of whether the employer paid for the seal or for the commission.

(c)  A notary public whose official seal is lost, stolen, or believed to be in the possession of another person shall immediately notify the Department of State or the Governor in writing. (d)  Any person who unlawfully possesses a notary public official seal or any papers or copies relating to notarial acts is guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s.775.083.

4)  When notarizing a signature, a notary public shall complete a jurat or notarial certificate in substantially the same form as those found in subsection (13). The jurat or certificate of acknowledgment shall contain the following elements: (a)  The venue stating the location of the notary public at the time of the notarization in the format, “State of Florida, County of,” (b)  The type of notarial act performed, an oath or an acknowledgment, evidenced by the words “sworn” or “acknowledged.” (c)  Whether the signer personally appeared before the notary public at the time of the notarization by physical presence or by means of audio-video communication technology as authorized under part II of this chapter.

(d)  The exact date of the notarial act. (e)  The name of the person whose signature is being notarized. It is presumed, absent such specific notation by the notary public, that notarization is to all signatures. (f)  The specific type of identification the notary public is relying upon in identifying the signer, either based on personal knowledge or satisfactory evidence specified in subsection (5).

  1. G)  The notary public’s official signature.
  2. H)  The notary public’s name, which must be typed, printed, or stamped below the signature.
  3. I)  The notary public’s official seal affixed below or to either side of the notary public’s signature.
  4. 5)  A notary public may not notarize a signature on a document unless he or she personally knows, or has satisfactory evidence, that the person whose signature is to be notarized is the individual who is described in and who is executing the instrument.

A notary public shall certify in the certificate of acknowledgment or jurat the type of identification, either based on personal knowledge or other form of identification, upon which the notary public is relying. In the case of an online notarization, the online notary public shall comply with the requirements set forth in part II of this chapter.

  • A)  For purposes of this subsection, the term “personally knows” means having an acquaintance, derived from association with the individual, which establishes the individual’s identity with at least a reasonable certainty.
  • B)  For the purposes of this subsection, the term “satisfactory evidence” means the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person whose signature is to be notarized is not the person he or she claims to be and any one of the following: 1.  The sworn written statement of one credible witness personally known to the notary public or the sworn written statement of two credible witnesses whose identities are proven to the notary public upon the presentation of satisfactory evidence that each of the following is true: a.  That the person whose signature is to be notarized is the person named in the document; b.  That the person whose signature is to be notarized is personally known to the witnesses; c.  That it is the reasonable belief of the witnesses that the circumstances of the person whose signature is to be notarized are such that it would be very difficult or impossible for that person to obtain another acceptable form of identification; d.  That it is the reasonable belief of the witnesses that the person whose signature is to be notarized does not possess any of the identification documents specified in subparagraph 2.; and e.  That the witnesses do not have a financial interest in nor are parties to the underlying transaction; or 2.  Reasonable reliance on the presentation to the notary public of any one of the following forms of identification, if the document is current or has been issued within the past 5 years and bears a serial or other identifying number: a.  A Florida identification card or driver license issued by the public agency authorized to issue driver licenses; b.  A passport issued by the Department of State of the United States; c.  A passport issued by a foreign government if the document is stamped by the United States Bureau of Citizenship and Immigration Services; d.  A driver license or an identification card issued by a public agency authorized to issue driver licenses in a state other than Florida or in a territory of the United States, or Canada or Mexico; e.  An identification card issued by any branch of the armed forces of the United States; f.  A veteran health identification card issued by the United States Department of Veterans Affairs; g.  An inmate identification card issued on or after January 1, 1991, by the Florida Department of Corrections for an inmate who is in the custody of the department; h.  An inmate identification card issued by the United States Department of Justice, Bureau of Prisons, for an inmate who is in the custody of the department; i.  A sworn, written statement from a sworn law enforcement officer that the forms of identification for an inmate in an institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized; or j.  An identification card issued by the United States Bureau of Citizenship and Immigration Services.

(6)  The employer of a notary public shall be liable to the persons involved for all damages proximately caused by the notary’s official misconduct, if the notary public was acting within the scope of his or her employment at the time the notary engaged in the official misconduct.

(7)  Any person who acts as or otherwise willfully impersonates a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s.775.083. (8)  Any notary public who knowingly acts as a notary public after his or her commission has expired is guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s.775.083.

(9)  Any notary public who lawfully changes his or her name shall, within 60 days after such change, request an amended commission from the Secretary of State and shall send $25, his or her current commission, and a notice of change form, obtained from the Secretary of State, which shall include the new name and contain a specimen of his or her official signature.

The Secretary of State shall issue an amended commission to the notary public in the new name. A rider to the notary public’s bond must accompany the notice of change form. After submitting the required notice of change form and rider to the Secretary of State, the notary public may continue to perform notarial acts in his or her former name for 60 days or until receipt of the amended commission, whichever date is earlier.

(10)  A notary public who is not an attorney who advertises the services of a notary public in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall post or otherwise include with the advertisement a notice in English and in the language used for the advertisement.

The notice shall be of a conspicuous size, if in writing, and shall state: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.” If the advertisement is by radio or television, the statement may be modified but must include substantially the same message.

(11)  Literal translation of the phrase “Notary Public” into a language other than English is prohibited in an advertisement for notarial services. (12)(a)  A notary public may supervise the making of a copy of a tangible or an electronic record or the printing of an electronic record and attest to the trueness of the copy or of the printout, provided the document is neither a vital record in this state, another state, a territory of the United States, or another country, nor a public record, if a copy can be made by the custodian of the public record.

B)  A notary public must use a certificate in substantially the following form in notarizing an attested copy: STATE OF FLORIDA COUNTY OF On this day of, (year), I attest that the preceding or attached document is a true, exact, complete, and unaltered photocopy made by me of (description of document) presented to me by the document’s custodian,, and, to the best of my knowledge, that the photocopied document is neither a vital record nor a public record, certified copies of which are available from an official source other than a notary public.

(Official Notary Signature and Notary Seal) (Name of Notary Typed, Printed or Stamped) (c)  A notary public must use a certificate in substantially the following form in notarizing a copy of a tangible or an electronic record or a printout of an electronic record: STATE OF FLORIDA COUNTY OF On this day of, (year), I attest that the preceding or attached document is a true, exact, complete, and unaltered (copy of a tangible or an electronic record presented to me by the document’s custodian) or a (printout made by me from such record),

If a printout, I further attest that, at the time of printing, no security features, if any, present on the electronic record, indicated that the record had been altered since execution. (Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) (13)  The following notarial certificates are sufficient for the purposes indicated, if completed with the information required by this chapter.

The specification of forms under this subsection does not preclude the use of other forms. (a)  For an oath or affirmation: STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this day of, (year), by (name of person making statement),

Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced (b)  For an acknowledgment in an individual capacity: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of, (year), by (name of person acknowledging),

(Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced (c)  For an acknowledgment in a representative capacity: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of, (year), by (name of person) as (type of authority, . . . e.g.

officer, trustee, attorney in fact) for (name of party on behalf of whom instrument was executed), (Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced (14)  A notary public must make reasonable accommodations to provide notarial services to persons with disabilities.

(a)  A notary public may notarize the signature of a person who is blind after the notary public has read the entire instrument to that person. (b)  A notary public may notarize the signature of a person who signs with a mark if: 1.  The document signing is witnessed by two disinterested persons; 2.  The notary public prints the person’s first name at the beginning of the designated signature line and the person’s last name at the end of the designated signature line; and 3.  The notary public prints the words “his (or her) mark” below the person’s signature mark.

(c)  The following notarial certificates are sufficient for the purpose of notarizing for a person who signs with a mark: 1.  For an oath or affirmation: (First Name)   (Last Name) (His (or Her) Mark) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me by means of ☐ physical presence or ☐ online notarization, this day of, (year), by (name of person making statement), who signed with a mark in the presence of these witnesses: (Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced 2.  For an acknowledgment in an individual capacity: (First Name)   (Last Name) (His (or Her) Mark) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of, (year), by (name of person acknowledging), who signed with a mark in the presence of these witnesses: (Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced (d)  A notary public may sign the name of a person whose signature is to be notarized when that person is physically unable to sign or make a signature mark on a document if: 1.  The person with a disability directs the notary public to sign in his or her presence by verbal, written, or other means; 2.  The document signing is witnessed by two disinterested persons; and 3.  The notary public writes below the signature the following statement: “Signature affixed by notary, pursuant to s.117.05(14), Florida Statutes,” and states the circumstances and the means by which the notary public was directed to sign the notarial certificate.

The notary public must maintain the proof of direction and authorization to sign on behalf of the person with a disability for 10 years from the date of the notarial act. (e)  The following notarial certificates are sufficient for the purpose of notarizing for a person with a disability who directs the notary public to sign his or her name: 1.  For an oath or affirmation: STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) before me by means of ☐ physical presence or ☐ online notarization, this day of, (year), by (name of person making statement), and subscribed by (name of notary) at the direction of (name of person making statement) by (written, verbal, or other means), and in the presence of these witnesses: (Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced 2.  For an acknowledgment in an individual capacity: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of, (year), by (name of person acknowledging) and subscribed by (name of notary) at the direction of (name of person acknowledging), and in the presence of these witnesses: (Signature of Notary Public – State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification Type of Identification Produced History.

— s.1, ch.3253, 1889; ch.3874, 1889; RS 221; GS 306; RGS 417; CGL 483; s.8, ch.81-260; s.4, ch.91-291; s.3, ch.92-209; s.4, ch.93-62; s.747, ch.95-147; s.1, ch.97-241; s.33, ch.98-129; s.5, ch.98-246; s.46, ch.99-2; s.7, ch.2004-5; s.19, ch.2014-17; s.40, ch.2016-37; s.1, ch.2017-17; s.4, ch.2019-71; s.2, ch.2021-137.117.06  Validity of acts prior to April 1, 1903.

— Any and all notarial acts that were done by any notary public in the state prior to April 1, 1903, which would have been valid had not the term of office of the notary public expired, are declared to be valid. History. — s.1, ch.5217, 1903; GS 307; RGS 418; CGL 484.117.10  Law enforcement and correctional officers; administration of oaths.

  • 1)  For purposes of this section, the term “reliable electronic means” means the signing and transmission of a document through means compliant with criminal justice information system security measures.
  • Such signing and transmission must be made by an affiant to an officer authorized to administer oaths under subsection (2) under circumstances that indicate that the document was submitted by the affiant.

(2)  Law enforcement officers, correctional officers, and correctional probation officers, as defined in s.943.10, and traffic accident investigation officers and traffic infraction enforcement officers, as described in s.316.640, are authorized to administer oaths by reliable electronic means or in the physical presence of an affiant when engaged in the performance of official duties.

Sections 117.01, 117.04, 117.045, 117.05, and 117.103 do not apply to this section. An officer may not notarize his or her own signature. (3)  An oath administered pursuant to this section is an acceptable method of verification as provided under s.92.525. History. — s.4, ch.84-97; s.43, ch.89-526; s.2, ch.91-174; s.9, ch.91-291; s.748, ch.95-147; s.4, ch.95-283; s.6, ch.98-246; s.2, ch.2015-23.117.103  Certification of notary’s authority by Secretary of State.

— A notary public is not required to record his or her notary public commission in an office of a clerk of the circuit court. If certification of the notary public’s commission is required, it must be obtained from the Secretary of State. Upon the receipt of a written request and a fee of $10 payable to the Secretary of State, the Secretary of State shall issue a certificate of notarial authority, in a form prescribed by the Secretary of State, which shall include a statement explaining the legal qualifications and authority of a notary public in this state.

History. — s.5, ch.91-291; s.7, ch.98-246; s.73, ch.99-251.117.105  False or fraudulent acknowledgments; penalty. — A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084.

History. — s.6, ch.91-291.117.107  Prohibited acts. — (1)  A notary public may not use a name or initial in signing certificates other than that by which the notary public is commissioned. (2)  A notary public may not sign notarial certificates using a facsimile signature stamp unless the notary public has a physical disability that limits or prohibits his or her ability to make a written signature and unless the notary public has first submitted written notice to the Department of State with an exemplar of the facsimile signature stamp.

This subsection does not apply to or prohibit the use of an electronic signature and seal by a notary public who is registered as an online notary public to perform an electronic or online notarization in accordance with this chapter. (3)  A notary public may not affix his or her signature to a blank form of affidavit or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment.

(4)  A notary public may not take the acknowledgment of or administer an oath to a person whom the notary public actually knows to have been adjudicated mentally incapacitated by a court of competent jurisdiction, where the acknowledgment or oath necessitates the exercise of a right that has been removed pursuant to s.744.3215(2) or (3), and where the person has not been restored to capacity as a matter of record.

  • 5)  A notary public may not notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization.
  • 6)  A notary public may not take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand.

(7)  A notary public may not change anything in a written instrument after it has been signed by anyone. (8)  A notary public may not amend a notarial certificate after the notarization is complete. (9)  A notary public may not notarize a signature on a document if the person whose signature is being notarized does not appear before the notary public either by means of physical presence or by means of audio-video communication technology as authorized under part II of this chapter at the time the signature is notarized.

  1. Any notary public who violates this subsection is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and such violation constitutes malfeasance and misfeasance in the conduct of official duties.
  2. It is no defense to the civil infraction specified in this subsection that the notary public acted without intent to defraud.

A notary public who violates this subsection with the intent to defraud is guilty of violating s.117.105. (10)  A notary public may not notarize a signature on a document if the document is incomplete or blank. However, an endorsement or assignment in blank of a negotiable or nonnegotiable note and the assignment in blank of any instrument given as security for such note is not deemed incomplete.

(11)  A notary public may not notarize a signature on a document if the person whose signature is to be notarized is the spouse, son, daughter, mother, or father of the notary public. (12)  A notary public may not notarize a signature on a document if the notary public has a financial interest in or is a party to the underlying transaction; however, a notary public who is an employee may notarize a signature for his or her employer, and this employment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other than his or her salary and the fee for services as a notary public authorized by law.

For purposes of this subsection, a notary public who is an attorney does not have a financial interest in and is not a party to the underlying transaction evidenced by a notarized document if he or she notarizes a signature on that document for a client for whom he or she serves as an attorney of record and he or she has no interest in the document other than the fee paid to him or her for legal services and the fee authorized by law for services as a notary public.

History. — s.7, ch.91-291; s.4, ch.92-209; s.749, ch.95-147; s.19, ch.95-280; s.8, ch.98-246; s.33, ch.2006-178; s.5, ch.2019-71.117.108  Validity of acts, seals, and certificates prior to January 1, 1995. — A notarial act performed, a notarial certificate signed, or a notarial seal used by any notary public before January 1, 1995, which would have been valid under the laws in effect in this state on January 1, 1991, is valid.

History. — s.5, ch.93-62. PART II ONLINE NOTARIZATIONS 117.201  Definitions.117.209  Authority to perform online notarizations.117.215  Relation to other laws.117.225  Registration; qualifications.117.231  Remote administration of certain oaths.117.235  Performance of notarial acts.117.245  Electronic journal of online notarizations.117.255  Use of electronic journal, signature, and seal.117.265  Online notarization procedures.117.275  Fees for online notarization.117.285  Supervising the witnessing of electronic records.117.295  Standards for electronic and online notarization; rulemaking authority.117.305  Relation to federal law.117.201  Definitions.

— As used in this part, the term: (1)  “Appear before,” “before,” or “in the presence of” means: (a)  In the physical presence of another person; or (b)  Outside of the physical presence of another person, but able to see, hear, and communicate with the person by means of audio-video communication technology.

(2)  “Audio-video communication technology” means technology in compliance with applicable law which enables real-time, two-way communication using electronic means in which participants are able to see, hear, and communicate with one another. (3)  “Credential analysis” means a process or service, in compliance with applicable law, in which a third party aids a notary public in affirming the validity of a government-issued identification credential and data thereon through review of public or proprietary data sources.

4)  “Electronic,” “electronic record,” or “electronic signature” has the same meaning as provided in s.668.50. (5)  “Errors and omissions insurance” means a type of insurance that provides coverage for potential errors or omissions in or relating to the notarial act and is maintained, as applicable, by the online notary public or his or her employer, or a Remote Online Notarization service provider.

(6)  “Government-issued identification credential” means any approved credential for verifying identity under s.117.05(5)(b)2. However, for an online notarization of a principal not located within the United States, a passport issued by a foreign government not including the stamp of the United States Bureau of Citizenship and Immigration Services may be used as a government-issued identification credential to verify the principal’s identity.

(7)  “Identity proofing” means a process or service in compliance with applicable law in which a third party affirms the identity of an individual through use of public or proprietary data sources, which may include by means of knowledge-based authentication or biometric verification. (8)  “Knowledge-based authentication” means a form of identity proofing based on a set of questions which pertain to an individual and are formulated from public or proprietary data sources.

(9)  “Online notarization” means the performance of a notarial act using electronic means in which the principal or any witness appears before the notary public by means of audio-video communication technology. (10)  “Online notary public” means a notary public commissioned under part I of this chapter, a civil-law notary appointed under chapter 118, or a commissioner of deeds appointed under part IV of chapter 721, who has registered with the Department of State to perform online notarizations under this part.

  1. 11)  “Physical presence” means being in the same physical location as another person and close enough to see, hear, communicate with, and exchange credentials with that person.
  2. 12)  “Principal” means an individual whose electronic signature is acknowledged, witnessed, or attested to in an online notarization or who takes an oath or affirmation administered by the online notary public.

(13)  “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form, including public records as defined in s.119.011. (14)  “Remote Online Notarization service provider” or “RON service provider” means a person that provides audio-video communication technology and related processes, services, software, data storage, or other services to online notaries public for the purpose of directly facilitating their performance of online notarizations, in compliance with the requirements of this chapter and any rules adopted by the Department of State pursuant to s.117.295.

(15)  “Remote presentation” means transmission of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to identify the individual seeking the notary’s services and to perform credential analysis through audio-video communication technology.

History. — s.6, ch.2019-71; s.3, ch.2021-137; s.1, ch.2021-205.117.209  Authority to perform online notarizations. — (1)  An online notary public may perform any of the functions authorized under part I of this chapter as an online notarization by complying with the requirements of this part and any rules adopted by the Department of State pursuant to s.117.295, excluding solemnizing the rites of matrimony.

(2)  If a notarial act requires a principal to appear before or in the presence of the online notary public, the principal may appear before the online notary public by means of audio-video communication technology that meets the requirements of this part and any rules adopted by the Department of State pursuant to s.117.295.

(3)  An online notary public physically located in this state may perform an online notarization as authorized under this part, regardless of whether the principal or any witnesses are physically located in this state at the time of the online notarization.

A commissioner of deeds registered as an online notary public may perform an online notarization while physically located within or outside the state in accordance with the territorial limits of its jurisdiction and other limitations and requirements otherwise applicable to notarial acts by commissioners of deeds.

(4)  The validity of an online notarization performed by an online notary public registered in this state shall be determined by applicable laws of this state regardless of the physical location of the principal or any witnesses at the time of the notarial act.

  • History. — s.7, ch.2019-71.117.215  Relation to other laws.
  • 1)  If a provision of law requires a notary public or other authorized official of this state to notarize a signature or a statement, to take an acknowledgment of an instrument, or to administer an oath or affirmation so that a document may be sworn, affirmed, made under oath, or subject to penalty of perjury, an online notarization performed in accordance with the provisions of this part and any rules adopted hereunder satisfies such requirement.

(2)  If a provision of law requires a signature or an act to be witnessed, compliance with the online electronic witnessing standards prescribed in s.117.285 and any rules adopted thereunder satisfies that requirement. History. — s.8, ch.2019-71.117.225  Registration; qualifications.

— A notary public, a civil-law notary appointed under chapter 118, or a commissioner of deeds appointed under part IV of chapter 721 may complete registration as an online notary public with the Department of State by: (1)  Holding a current commission as a notary public under part I of this chapter, an appointment as a civil-law notary under chapter 118, or an appointment as a commissioner of deeds under part IV of chapter 721, and submitting his or her commission or appointment number.

(2)  Certifying that the notary public, civil-law notary, or commissioner of deeds registering as an online notary public has completed a classroom or online course covering the duties, obligations, and technology requirements for serving as an online notary public.

3)  Paying a notary public registration fee as required by s.113.01. (4)  Submitting a registration as an online notary public to the Department of State, signed and sworn to by the registrant. (5)  Identifying the RON service provider or providers whose audio-video communication technology and processes for credential analysis and identity-proofing technologies the registrant intends to use for online notarizations.

(6)  Providing evidence satisfactory to the Department of State that the registrant has obtained a bond in the amount of $25,000, payable to any individual harmed as a result of a breach of duty by the registrant acting in his or her official capacity as an online notary public, conditioned for the due discharge of the office, and on such terms as are specified in rule by the Department of State as reasonably necessary to protect the public.

The bond shall be approved and filed with the Department of State and executed by a surety company duly authorized to transact business in this state. Compliance by an online notary public with this requirement shall satisfy the requirement of obtaining a bond under s.117.01(7). (7)  Providing evidence satisfactory to the Department of State that the registrant acting in his or her capacity as an online notary public is covered by an errors and omissions insurance policy from an insurer authorized to transact business in this state, in the minimum amount of $25,000 and on such terms as are specified by rule by the Department of State as reasonably necessary to protect the public.

History. — s.9, ch.2019-71; s.4, ch.2021-137.117.231  Remote administration of certain oaths. — (1)  When taking the oath of an individual who is testifying at any court proceeding, deposition, arbitration, or public hearing and who is outside of the physical presence of the notary public, the notary public may fulfill the requirements of s.117.05 using audio-video communication technology.

  • 2)  When taking an oath of admission to The Florida Bar from an individual who is outside of the physical presence of the notary public, the notary public may fulfill the requirements of s.117.05 using audio-video communication technology.
  • 3)  If an individual is located outside of this state at the time the notary public is to take the individual’s oath under this section, consent from the individual must be obtained to take his or her oath using audio-video communication technology pursuant to this section.

(4)  When taking an oath under this section, the notary public is not required to be an online notary public or to use a RON service provider. History. — s.5, ch.2021-137.117.235  Performance of notarial acts. — (1)  An online notary public is subject to part I of this chapter to the same extent as a notary public appointed and commissioned only under that part, including the provisions of s.117.021 relating to electronic notarizations.

(2)  An online notary public may perform notarial acts as provided by part I of this chapter in addition to performing online notarizations as authorized and pursuant to the provisions of this part. History. — s.10, ch.2019-71.117.245  Electronic journal of online notarizations. — (1)  An online notary public shall keep one or more secure electronic journals of online notarizations performed by the online notary public.

For each online notarization, the electronic journal entry must contain all of the following: (a)  The date and time of the notarization. (b)  The type of notarial act performed, whether an oath or acknowledgment. (c)  The type, the title, or a description of the electronic record or proceeding.

(d)  The name and address of each principal involved in the transaction or proceeding. (e)  Evidence of identity of each principal involved in the transaction or proceeding in either of the following forms: 1.  A statement that the person is personally known to the online notary public; or 2.a.  A notation of the type of government-issued identification credential provided to the online notary public; b.  An indication that the government-issued identification credential satisfied the credential analysis; and c.  An indication that the principal satisfactorily passed the identity proofing.

(f)  The fee, if any, charged for the notarization. (2)  The RON service provider shall retain an uninterrupted and unedited copy of the recording of the audio-video communication in which an online notarization is performed. The online notary public shall ensure that the recording includes all of the following: (a)  Appearance by the principal and any witness before the online notary public.

  1. B)  Confirmation of the identity of the principal and any witness.
  2. C)  A general description or identification of the records to be signed.
  3. D)  At the commencement of the recording, recitation by the online notary public of information sufficient to identify the notarial act.
  4. E)  A declaration by the principal that his or her signature on the record is knowingly and voluntarily made.

(f)  All of the actions and spoken words of the principal, notary public, and any required witness during the entire online notarization, including the signing of any records before the online notary public. (3)  The online notary public shall take reasonable steps to: (a)  Ensure the integrity, security, and authenticity of online notarizations.

(b)  Maintain a backup record of the electronic journal required by subsection (1). (c)  Protect the electronic journal, the backup record, and any other records received by the online notary public from unauthorized access or use. (4)  The electronic journal required under subsection (1) and the recordings of audio-video communications required under subsection (2) shall be maintained for at least 10 years after the date of the notarial act.

However, a full copy of the recording of the audio-video communication required under subsection (2) relating to an online notarization session that involves the signing of an electronic will must be maintained by a qualified custodian in accordance with chapters 731 and 732.

The Department of State maintains jurisdiction over the electronic journal and audio-video communication recordings to investigate notarial misconduct for a period of 10 years after the date of the notarial act. The online notary public, a guardian of an incapacitated online notary public, or the personal representative of a deceased online notary public may, by contract with a secure repository in accordance with any rules established under this chapter, delegate to the repository the online notary public’s duty to retain the electronic journal, provided that the Department of State is notified of such delegation of retention duties to the repository within 30 days thereafter, including the effective date of the delegation and the address and contact information for the repository.

If an online notary public delegates to a secure repository under this section, the online notary public shall make an entry in his or her electronic journal identifying such repository and provide notice to the Department of State as required in this subsection.

A RON service provider may, by contract with a secure repository in accordance with any rules established under this chapter, delegate to the repository the RON service provider’s duty to retain the required recordings of audio-video communications, provided that the Department of State is notified of such delegation of retention duties to the repository within 30 days thereafter, including the effective date of the delegation and the address and contact information for the repository.

During any delegation under this subsection, the secure repository shall fulfill the responsibilities of the online notary public or RON service provider to provide copies or access under s.117.255(2) and (3). (5)  An omitted or incomplete entry in the electronic journal does not impair the validity of the notarial act or of the electronic record which was notarized, but may be introduced as evidence to establish violations of this chapter; as evidence of possible fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, or unconscionability; or for other evidentiary purposes.

However, if the recording of the audio-video communication required under subsection (2) relating to the online notarization of the execution of an electronic will cannot be produced by the RON service provider, the online notary public, or the qualified custodian, the electronic will shall be treated as a lost or destroyed will subject to s.733.207.

History. — s.11, ch.2019-71; s.22, ch.2020-2; s.6, ch.2021-137.117.255  Use of electronic journal, signature, and seal. — (1)  An online notary public shall: (a)  Take reasonable steps to ensure that any registered device used to create an electronic seal is current and has not been revoked or terminated by the issuing or registering authority of the device.

B)  Keep the electronic journal and electronic seal secure and under his or her sole control, which includes access protection using passwords or codes under control of the online notary public. The online notary public may not allow another person to use the online notary public’s electronic journal, electronic signature, or electronic seal, other than a RON service provider or other authorized person providing services to an online notary public to facilitate performance of online notarizations.

(c)  Attach or logically associate the electronic signature and seal to the electronic notarial certificate of an electronic record in a manner that is capable of independent verification using tamper-evident technology that renders any subsequent change or modification to the electronic record evident.

(d)  Notify an appropriate law enforcement agency and the Department of State of any unauthorized use of or compromise to the security of the electronic journal, official electronic signature, or electronic seal within 7 days after discovery of such unauthorized use or compromise to security. (2)  An online notary public shall provide electronic copies of pertinent entries in the electronic journal, and a RON service provider shall provide access to the related audio-video communication recordings, or a copy thereof, to the following persons upon request: (a)  The parties to an electronic record notarized by the online notary public; (b)  The qualified custodian of an electronic will notarized by the online notary public; (c)  The title agent, settlement agent, or title insurer who insured the electronic record or engaged the online notary public with regard to a real estate transaction; (d)  Any person who is asked to accept a power of attorney that was notarized by the online notary public; (e)  The Department of State pursuant to a notary misconduct investigation; (f)  Any other persons pursuant to a subpoena, court order, law enforcement investigation, or other lawful inspection demand; (g)  With respect to audio-video communication recordings of an online notarization, the online notary public performing that notarization; and (h)  With respect to electronic copies of pertinent entries in the electronic journal, the RON service provider used for the online notarizations associated with those entries.

(3)  The online notary public may charge a fee not to exceed $20 per transaction record for making and delivering electronic copies of a given series of related electronic records, and a RON service provider may charge a fee not to exceed $20 for providing access to, or a copy of, the related audio-video communication records, except such copies or access must be provided without charge if requested by any of the following within the 10-year period specified in s.117.245(4): (a)  A party to the electronic record; (b)  In a real estate transaction, the title agent, settlement agent, or title insurer who insured the electronic record or engaged the online notary public with regard to such transaction; (c)  The Department of State pursuant to an investigation relating to the official misconduct of an online notary public; (d)  The qualified custodian of an electronic will notarized by the online notary public; (e)  With respect to audio-video communication recordings of an online notarization, the online notary public performing that notarization; or (f)  With respect to electronic copies of a given series of related electronic records, the RON service provider used for the online notarization of those records.

If the online notary public or RON service provider charges a fee, the online notary public or RON service provider must disclose the amount of such fee to the requester before making the electronic copies or providing access to, or making a copy of, the requested audio-video communication recordings.

History. — s.12, ch.2019-71; s.7, ch.2021-137.117.265  Online notarization procedures. — (1)  An online notary public physically located in this state may perform an online notarization that meets the requirements of this part regardless of whether the principal or any witnesses are physically located in this state at the time of the online notarization.

A commissioner of deeds registered as an online notary public may perform an online notarization while physically located within or outside of this state in accordance with the territorial limits of its jurisdiction and other limitations and requirements otherwise applicable to notarial acts by commissioners of deeds.

An online notarization performed in accordance with this chapter is deemed to have been performed within this state and is governed by the applicable laws of this state. (2)  In performing an online notarization, an online notary public shall confirm the identity of a principal and any witness appearing online, at the time that the signature is taken, by using audio-video communication technology and processes that meet the requirements of this part and of any rules adopted hereunder and record the two-way audio-video conference session between the notary public and the principal and any witnesses.

A principal may not act in the capacity of a witness for his or her own signature in an online notarization. (3)  In performing an online notarization of a principal not located within this state, an online notary public must confirm, either verbally or through the principal’s written consent, that the principal desires for the notarial act to be performed by a Florida notary public and under the general law of this state.

(4)  An online notary public shall confirm the identity of the principal by: (a)  Personal knowledge of each principal; or (b)  All of the following, as such criteria may be modified or supplemented in rules adopted by the Department of State pursuant to s.117.295: 1.  Remote presentation of a government-issued identification credential by each principal.2.  Credential analysis of each government-issued identification credential.3.  Identity proofing of each principal in the form of knowledge-based authentication or another method of identity proofing that conforms to the standards of this chapter.

If the online notary public is unable to satisfy subparagraphs 1.-3., or if the databases consulted for identity proofing do not contain sufficient information to permit authentication, the online notary public may not perform the online notarization. (5)(a)  An online notary public shall select the RON service provider to be used to perform an online notarization, and a person may not require the online notary public to use a particular RON service provider; however, if the online notary public is required by his or her contract or employer to perform online notarizations, the contract or employer may require the use of a particular RON service provider for those online notarizations.

(b)  An online notary public may change his or her RON service provider or providers from time to time, but shall notify the Department of State of such change, and its effective date, within 30 days thereafter. (6)  The online notary public or his or her RON service provider shall take reasonable steps to ensure that the audio-video communication technology used in an online notarization is secure from unauthorized interception.

(7)  The electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization which may be satisfied by placing the term “online notary” in or adjacent to the online notary public’s seal. (8)  Except where otherwise expressly provided in this part, the provisions of part I of this chapter apply to an online notarization and an online notary public.

(9)  Any failure to comply with the online notarization procedures set forth in this section does not impair the validity of the notarial act or the electronic record that was notarized, but may be introduced as evidence to establish violations of this chapter or as an indication of possible fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, or unconscionability, or for other evidentiary purposes.

  • This subsection may not be construed to alter the duty of an online notary public to comply with this chapter and any rules adopted hereunder. History.
  • S.13, ch.2019-71; s.23, ch.2020-2; s.8, ch.2021-137.117.275  Fees for online notarization.
  • An online notary public or the employer of such online notary public may charge a fee, not to exceed $25, for performing an online notarial act under this part.

Fees for services other than notarial acts, including the services of a RON service provider, are not governed by this section. A RON service provider’s services are also not considered closing services, as defined in s.627.7711, and a fee for those services may be separately charged.

History. — s.14, ch.2019-71; s.9, ch.2021-137.117.285  Supervising the witnessing of electronic records. — Supervising the witnessing of an electronic record by an online notary public in accordance with this section is a notarial act. An online notary public may supervise the witnessing of electronic records by complying with the online notarization procedures of this part and using the same audio-video communication technology used for online notarization by a principal, as follows: (1)  The witness may be in the physical presence of the principal or remote from the principal provided the witness and principal are using audio-video communication technology.

(2)  If the witness is remote from the principal and viewing and communicating with the principal by means of audio-video communication technology, the principal’s and witness’s identities must be verified in accordance with the procedures for identifying a principal as set forth in s.117.265(4).

  1. If the witness is in the physical presence of the principal, the witness must confirm his or her identity by stating his or her name and current address on the audio-video recording as part of the act of witnessing.
  2. 3)  The act of witnessing an electronic signature means the witness is either in the physical presence of the principal or present through audio-video communication technology at the time the principal affixes the electronic signature and the witness hears the principal make a statement to the effect that the principal has signed the electronic record.

(4)  A witness remote from the principal and appearing through audio-video communication technology must verbally confirm that he or she is a resident of and physically located within the United States or a territory of the United States at the time of witnessing.

(5)  Notwithstanding subsections (2) and (3), if an electronic record to be signed is a will under chapter 732; a revocable trust with testamentary aspects as described in s.736.0403(2)(b); a health care advance directive; an agreement concerning succession or a waiver of spousal rights under s.732.701 or s.732.702, respectively; or a power of attorney authorizing any of the transactions enumerated in s.709.2208, all of the following apply when fewer than two witnesses are in the physical presence of the principal: (a)  Prior to facilitating witnessing of an instrument by means of audio-video communication technology, a RON service provider shall require the principal to answer the following questions in substantially the following form: 1. Are you under the influence of any drug or alcohol today that impairs your ability to make decisions? 2. Do you have any physical or mental condition or long-term disability that impairs your ability to perform the normal activities of daily living? 3. Do you require assistance with daily care? (b)  If any question required under paragraph (a) is answered in the affirmative, the principal’s signature on the instrument may only be validly witnessed by witnesses in the physical presence of the principal at the time of signing.

(c)  Subsequent to submission of the answers required under paragraph (a), the RON service provider shall give the principal written notice in substantially the following form: NOTICE: If you are a vulnerable adult as defined in s.415.102, Florida Statutes, the documents you are about to sign are not valid if witnessed by means of audio-video communication technology.

If you suspect you may be a vulnerable adult, you should have witnesses physically present with you before signing. (d)  The act of witnessing an electronic signature through the witness’s presence by audio-video communication technology is valid only if, during the audio-video communication, the principal provides verbal answers to all of the following questions, each of which must be asked by the online notary public in substantially the following form: 1. Are you currently married? If so, name your spouse.2. Please state the names of anyone who assisted you in accessing this video conference today.3. Please state the names of anyone who assisted you in preparing the documents you are signing today.4. Where are you currently located? 5. Who is in the room with you? (e)  An online notary public shall consider the responses to the questions specified in paragraph (d) in carrying out of the duties of a notary public as set forth in s.117.107(5).

(f)  A principal’s responses to the questions in paragraphs (a) and (d) may be offered as evidence regarding the validity of the instrument, but an incorrect answer may not serve as the sole basis to invalidate an instrument. (g)  The presence of a witness with the principal at the time of signing by means of audio-video communication technology is not effective for witnessing the signature of a principal who is a vulnerable adult as defined in s.415.102.

  • The contestant of an electronic record has the burden of proving that the principal was a vulnerable adult at the time of executing the electronic record.
  • H)  Nothing in this subsection shall: 1.  Preclude a power of attorney, which includes banking or investment powers enumerated in s.709.2208, from being effective with respect to any other authority granted therein or with respect to the agent’s authority in connection with a real property, commercial, or consumer transaction or loan, to exercise any power specified therein or to execute and deliver instruments obligating the principal or to draw upon the proceeds of such transaction or loan; or 2.  Affect the nontestamentary aspects of a revocable trust under chapter 736.

(i)  The electronic record containing an instrument signed by witnesses who were present with the principal by means of audio-video communication technology shall contain a perceptible indication of their presence by such means. (j)  This subsection does not affect the application of s.709.2119.

  1. K)  The requirements of this subsection do not apply if there are at least two witnesses in the physical presence of the principal at the time of the notarial act.
  2. 6)  Pursuant to subpoena, court order, an authorized law enforcement inquiry, or other lawful request, a RON service provider or online notary public shall provide: (a)  The last known address of each witness who witnessed the signing of an electronic record using audio-video communication technology under this section.

(b)  A principal’s responses to the questions in paragraph (5)(a) or paragraph (5)(d), as applicable. (c)  An uninterrupted and unedited copy of the recording of the audio-video communication in which an online notarization is performed. (7)  Except as set forth in s.709.2202, an act of witnessing performed pursuant to this section satisfies any requirement that the witness must be a subscribing or attesting witness or must be in the presence of the principal at the time of signing.

(8)  The law of this state governs the validity of witnessing supervised by an online notary public pursuant to this section, regardless of the physical location of the witness at the time of witnessing. State and federal courts in this state have subject matter jurisdiction over any dispute arising out of an act of witnessing pursuant to this section, and may issue subpoenas for records or to require the appearance of witnesses in relation thereto in accordance with applicable law.

History. — s.15, ch.2019-71; s.2, ch.2021-205.117.295  Standards for electronic and online notarization; rulemaking authority. — (1)  For purposes of this part, the Department of State may adopt rules necessary to implement the requirements of this chapter and to set standards for online notarization which include, but are not limited to: (a)  Improvements in technology and methods of assuring the identity of principals and the security of an electronic record, including tamper-evident technologies in compliance with the standards adopted pursuant to s.117.021 which apply to online notarizations.

  • B)  Education requirements for online notaries public and the required terms of bonds and errors and omissions insurance, but not including the amounts of such bonds and insurance policies.
  • C)  Identity proofing, credential analysis, unauthorized interception, remote presentation, audio-video communication technology, and retention of electronic journals and copies of audio-video communications recordings in a secure repository.

(2)  The Department of State shall: (a)  Adopt forms, processes, and rules necessary to accept applications from and register online notaries public pursuant to s.117.225. (b)  Publish on its website a list containing each online notary public, the online notary public’s RON service providers from January 1, 2022, and thereafter, the effective dates during which the online notary public used each RON service provider, as identified pursuant to ss.117.225(5) and 117.265(5)(b), any secure repositories to which the online notary public may have delegated his or her duties pursuant to s.117.245(4) from January 1, 2022, and thereafter, and the effective dates of that delegation.

3)  Until such time as the Department of State adopts rules setting standards that are equally or more protective, the following minimum standards shall apply to any online notarization performed by an online notary public of this state or his or her RON service provider: (a)  Use of identity proofing by means of knowledge-based authentication which must have, at a minimum, the following security characteristics: 1.  The principal must be presented with five or more questions with a minimum of five possible answer choices per question.2.  Each question must be drawn from a third-party provider of public and proprietary data sources and be identifiable to the principal’s social security number or other identification information, or the principal’s identity and historical events records.3.  Responses to all questions must be made within a 2-minute time constraint.4.  The principal must answer a minimum of 80 percent of the questions correctly.5.  The principal may be offered one additional attempt in the event of a failed attempt.6.  During the second attempt, the principal may not be presented with more than three questions from the prior attempt.

(b)  Use of credential analysis using one or more commercially available automated software or hardware processes that are consistent with sound commercial practices; that aid the notary public in verifying the authenticity of the credential by analyzing the integrity of visual, physical, or cryptographic security features to indicate that the credential is not fraudulent or inappropriately modified; and that use information held or published by the issuing source or authoritative source, as available, to confirm the validity of credential details.

  1. The output of the credential analysis process must be provided to the online notary public performing the notarial act.
  2. C)  Use of audio-video communication technology in completing online notarizations that must meet the following requirements: 1.  The signal transmission must be reasonably secure from interception, access, or viewing by anyone other than the participants communicating.2.  The technology must provide sufficient audio clarity and video resolution to enable the notary to communicate with the principal and any witness, and to confirm the identity of the principal and any witness, as required, using the identification methods described in s.117.265.

(4)(a)  A RON service provider must file a self-certification with the Department of State, on a form adopted by department rule, confirming that its audio-video communication technology and related processes, services, software, data storage, or other services provided to online notaries public for the purpose of directly facilitating their performance of online notarizations satisfy the requirements of this chapter and any rules adopted by the Department of State pursuant to this section.

Each certification shall remain active for a period of 1 year after the date of filing. The Department of State must publish on its website a list of each RON service provider that has filed a self-certification, the date of filing of the self-certification, any secure repositories to which the RON service provider may have delegated its duties pursuant to s.117.245(4) from January 1, 2022, and thereafter, and the effective dates of that delegation.

(b)  A RON service provider is deemed to have satisfied tamper-evident technology requirements by use of technology that renders any subsequent change or modification to the electronic record evident. (5)  In addition to any coverage it elects to provide for individual online notaries public, maintenance of errors and omissions insurance coverage by a RON service provider in a total amount of at least $250,000 in the annual aggregate with respect to potential errors or omissions in or relating to the technology or processes provided by the RON service provider.

  • An online notary public is not responsible for the security of the systems used by the principal or others to access the online notarization session.
  • 6)  A 2-hour in-person or online course addressing the duties, obligations, and technology requirements for serving as an online notary public offered by the Florida Land Title Association; the Real Property, Probate and Trust Law Section of the Florida Bar; the Florida Legal Education Association, Inc.; the Department of State; or a vendor approved by the Department of State shall satisfy the education requirements of s.117.225(2).

Each such provider shall make the in-person or online course generally available to all applicants. Regardless of membership in the provider’s organization, the provider shall charge each attendee the same cost for the course unless the course is provided in conjunction with a regularly scheduled meeting of the provider’s membership.

  1. 7)  The rulemaking required under this section is exempt from s.120.541(3).
  2. 8)  A RON service provider may not use, sell, or offer to sell or transfer to another person for use or sale any personal information obtained under this part which identifies a principal, a witness, or a person named in a record presented for online notarization, except: (a)  As necessary to facilitate performance of a notarial act; (b)  To administer or process a record provided by or on behalf of a principal or the transaction of which the record is a part; (c)  To detect fraud, identity theft, or other criminal activities; (d)  In accordance with this part and the rules adopted pursuant to this part or any other applicable federal, state, or local law, or to comply with a lawful subpoena or court order or a lawful request from a law enforcement or regulatory agency; (e)  To monitor and improve the audio-video communication technology and related processes, services, software, data storage, or other services offered by the RON service provider to online notaries public for the purpose of directly facilitating their performance of online notarizations; or (f)  In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit of a RON service provider, or the dissolution, insolvency, or cessation of operations of a business or operating unit, if limited to such personal information held by that business or unit and any transferee agrees to comply with the restrictions set forth in this subsection.

History. — s.16, ch.2019-71; s.10, ch.2021-137.117.305  Relation to federal law. — This part supersedes the Electronic Signatures in Global and National Commerce Act as authorized under 15 U.S.C. ss.7001 et seq., but does not modify, limit, or supersede s.101(c) of that act, 15 U.S.C.s.7001(c), or authorize the electronic delivery of the notices described in 15 U.S.C.s.7003(b).

What Florida statute is it that you Cannot record someone without their consent?

What are the Penalties for Secretly Audio Recording Someone in Florida? – Under Fla. Stat.934.03, secretly audio recording another individual is a 3 rd Degree Felony offense, punishable by up to five years in prison and a $5,000 fine. (Extortion is a separate Felony offense, and a subject for a separate blog.) As such, each audio recording is a separate Felony.

Therefore, if you secretly record 14 audio files, then you have committed 14 Felonies under Florida law. It is also a 3 rd Degree Felony every time an individual shares the secretly recorded audio. Thus, each time this woman shared her secret audio recordings with her girlfriends for fun and giggles, such was a separate Felony.

Furthermore, each time one of her girlfriends shared the secretly recorded audios, her girlfriends committed their own Felony offense in the act of sharing audio which they knew was secretly recorded by the wife. The good news for those who are victims of this insane act is that the secret audio recordings are also inadmissible in Court per 934.06, unless being used to prosecute someone in violation of making or distributing said secret audio recordings under Fla.

Can you record a police officer without permission in Florida?

Right to Record the Police in Florida What is the law? Florida has a statute, § 934.03, that prohibits the “intentional interception any wire, oral, or electronic communication” and makes it a third-degree felony. The statute makes an exception when all parties to the communication give their consent.

  1. For an oral communication to be protected under the statute, the person speaking must have a reasonable expectation of privacy, and society must recognize that expectation as reasonable.
  2. Case law from the U.S.
  3. Court of Appeals for the 11th Circuit, which presides over Florida, has also clearly held that individuals have “a First Amendment right, subject to reasonable time, manner and place restrictions, to photograph or videotape police conduct.” It also held that individuals have “the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.” Importantly, this right has been upheld by the Court in instances where an individual was recording police activity during a protest.

So, when can you record the police? Anytime you are in an open public space (for example, most public roads, public parks, and public beaches) where other individuals can witness what is happening, you can record the police as long as you are not interfering with police activity.3 Always make sure that you have the right to be in that area.

Can other people still witness what is happening? Has the officer consented to being recorded?

If the answer to either of those questions is yes, you may proceed to record with caution. If the answer to both questions is no, the law is less clear. Please see below for precautionary steps that should be taken any time a recording is made. Precautionary steps you should always take:

Announce that you are recording what is going on. Stay a reasonable distance away from whatever activity you are recording. Do not interfere with the police’s actions while recording.

Footnote 3: Ford v. City of Boynton Beach, 323 So.3d 215, 220 (Fla.4th DCA 2021) : Right to Record the Police in Florida

Who is entitled to exempt property in Florida?

F.S.732.402 732.402  Exempt property. — (1)  If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property.” (2)  Exempt property shall consist of: (a)  Household furniture, furnishings, and appliances in the decedent’s usual place of abode up to a net value of $20,000 as of the date of death.

(b)  Two motor vehicles as defined in s.316.003, which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedent’s name and regularly used by the decedent or members of the decedent’s immediate family as their personal motor vehicles.

(c)  All qualified tuition programs authorized by s.529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s.1009.98 and the Florida Prepaid College Trust Fund participation agreements under s.1009.981,

(d)  All benefits paid pursuant to s.112.1915, (3)  Exempt property shall be exempt from all claims against the estate except perfected security interests thereon. (4)  Exempt property shall be in addition to protected homestead, statutory entitlements, and property passing under the decedent’s will or by intestate succession.

(5)  Property specifically or demonstratively devised by the decedent’s will to any devisee shall not be included in exempt property. However, persons to whom property has been specifically or demonstratively devised and who would otherwise be entitled to it as exempt property under this section may have the court determine the property to be exempt from claims, except for perfected security interests thereon, after complying with the provisions of subsection (6).

6)  Persons entitled to exempt property shall be deemed to have waived their rights under this section unless a petition for determination of exempt property is filed by or on behalf of the persons entitled to the exempt property on or before the later of the date that is 4 months after the date of service of the notice of administration or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the estate subject to this section.

(7)  Property determined as exempt under this section shall be excluded from the value of the estate before residuary, intestate, or pretermitted or elective shares are determined. History. — s.1, ch.74-106; s.19, ch.75-220; s.10, ch.77-87; s.1, ch.77-174; s.1, ch.81-238; s.3, ch.85-79; s.67, ch.87-226; s.51, ch.98-421; s.3, ch.99-220; s.3, ch.2001-180; s.39, ch.2001-226; s.1036, ch.2002-387; s.5, ch.2006-134; s.5, ch.2006-303; s.8, ch.2009-115; s.81, ch.2016-239.

Who can request access to Florida’s public records?

The Florida Public Records Law states that any person can inspect and copy public records. An individual does not need to state a purpose or special interest to obtain access to a record and does not need to present identification. Steps to take when making a record request: 1.

Does Florida have free public records?

Are Florida Records Public? – According to the Florida Sunshine Law, most records generated by government entities are considered public. The law states that all persons have the right to access municipal, county, and state records. Residents are also free to inspect these records or obtain copies as preferred.

The Sunshine Law defines public records as information created or received by a public agency, and required to transact public business. Some requestable public records include court records, bankruptcy records, arrest records, sex offender information, vital records, and inmate records. Florida’s Sunshine Law protects the public’s right to access records, regardless of physical form, mode of transmission, or characteristics.

Records may be documents, books, photographs, sound recordings, tapes, software, films, or other material. The state’s public record laws also specify that public access must not be hindered by the effort of any government agency to automate record access ( Fla.

Stat. § 119.01(2)(a) ). Furthermore, agencies who choose to provide remote access to Florida public records must do so in the most efficient and cost-effective manner ( Fla. Stat. § 119.01(2)(a) ). However, requesters must note that Florida records are only receivable in the same format they are maintained.

Florida law does not require public agencies to create or reclassify records, answer questions about maintained records, or convert records into formats that are not already available.

Do you have to tell someone they are being recorded in Florida?

Florida’s wiretapping law is a ‘two-party consent’ law. Florida makes it a crime to intercept or record a ‘wire, oral, or electronic communication’ in Florida, unless all parties to the communication consent.

Is Florida a public record state?

CHAPTER 119 CHAPTER 119 PUBLIC RECORDS 119.01  General state policy on public records.119.011  Definitions.119.021  Custodial requirements; maintenance, preservation, and retention of public records.119.035  Officers-elect.119.07  Inspection and copying of records; photographing public records; fees; exemptions.119.0701  Contracts; public records; request for contractor records; civil action.119.071  General exemptions from inspection or copying of public records.119.0711  Executive branch agency exemptions from inspection or copying of public records.119.0712  Executive branch agency-specific exemptions from inspection or copying of public records.119.0713  Local government agency exemptions from inspection or copying of public records.119.0714  Court files; court records; official records.119.0715  Trade secrets held by an agency.119.0725  Agency cybersecurity information; public records exemption; public meetings exemption.119.084  Copyright of data processing software created by governmental agencies; sale price and licensing fee.119.092  Registration by federal employer’s registration number.119.10  Violation of chapter; penalties.119.105  Protection of victims of crimes or accidents.119.11  Accelerated hearing; immediate compliance.119.12  Attorney fees.119.15  Legislative review of exemptions from public meeting and public records requirements.119.01  General state policy on public records.

  • 1)  It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person.
  • Providing access to public records is a duty of each agency.
  • 2)(a)  Automation of public records must not erode the right of access to those records.
  • As each agency increases its use of and dependence on electronic recordkeeping, each agency must provide reasonable public access to records electronically maintained and must ensure that exempt or confidential records are not disclosed except as otherwise permitted by law.

(b)  When designing or acquiring an electronic recordkeeping system, an agency must consider whether such system is capable of providing data in some common format such as, but not limited to, the American Standard Code for Information Interchange. (c)  An agency may not enter into a contract for the creation or maintenance of a public records database if that contract impairs the ability of the public to inspect or copy the public records of the agency, including public records that are online or stored in an electronic recordkeeping system used by the agency.

D)  Subject to the restrictions of copyright and trade secret laws and public records exemptions, agency use of proprietary software must not diminish the right of the public to inspect and copy a public record. (e)  Providing access to public records by remote electronic means is an additional method of access that agencies should strive to provide to the extent feasible.

If an agency provides access to public records by remote electronic means, such access should be provided in the most cost-effective and efficient manner available to the agency providing the information. (f)  Each agency that maintains a public record in an electronic recordkeeping system shall provide to any person, pursuant to this chapter, a copy of any public record in that system which is not exempted by law from public disclosure.

An agency must provide a copy of the record in the medium requested if the agency maintains the record in that medium, and the agency may charge a fee in accordance with this chapter. For the purpose of satisfying a public records request, the fee to be charged by an agency if it elects to provide a copy of a public record in a medium not routinely used by the agency, or if it elects to compile information not routinely developed or maintained by the agency or that requires a substantial amount of manipulation or programming, must be in accordance with s.119.07(4).

(3)  If public funds are expended by an agency in payment of dues or membership contributions for any person, corporation, foundation, trust, association, group, or other organization, all the financial, business, and membership records of that person, corporation, foundation, trust, association, group, or other organization which pertain to the public agency are public records and subject to the provisions of s.119.07.

  1. History. — s.1, ch.5942, 1909; RGS 424; CGL 490; s.1, ch.73-98; s.2, ch.75-225; s.2, ch.83-286; s.4, ch.86-163; ss.1, 5, ch.95-296; s.2, ch.2004-335; s.1, ch.2005-251.119.011  Definitions.
  2. As used in this chapter, the term: (1)  “Actual cost of duplication” means the cost of the material and supplies used to duplicate the public record, but does not include labor cost or overhead cost associated with such duplication.

(2)  “Agency” means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.

  1. 3)(a)  “Criminal intelligence information” means information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity.
  2. B)  “Criminal investigative information” means information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance.

(c)  “Criminal intelligence information” and “criminal investigative information” shall not include: 1.  The time, date, location, and nature of a reported crime.2.  The name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s.119.071(2)(h) or (o).3.  The time, date, and location of the incident and of the arrest.4.  The crime charged.5.  Documents given or required by law or agency rule to be given to the person arrested, except as provided in s.119.071(2)(h) or (m), and, except that the court in a criminal case may order that certain information required by law or agency rule to be given to the person arrested be maintained in a confidential manner and exempt from the provisions of s.119.07(1) until released at trial if it is found that the release of such information would: a.  Be defamatory to the good name of a victim or witness or would jeopardize the safety of such victim or witness; and b.  Impair the ability of a state attorney to locate or prosecute a codefendant.6.  Informations and indictments except as provided in s.905.26.

(d)  The word “active” shall have the following meaning: 1.  Criminal intelligence information shall be considered “active” as long as it is related to intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activities.2.  Criminal investigative information shall be considered “active” as long as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future.

In addition, criminal intelligence and criminal investigative information shall be considered “active” while such information is directly related to pending prosecutions or appeals. The word “active” shall not apply to information in cases which are barred from prosecution under the provisions of s.775.15 or other statute of limitation.

(4)  “Criminal justice agency” means: (a)  Any law enforcement agency, court, or prosecutor; (b)  Any other agency charged by law with criminal law enforcement duties; (c)  Any agency having custody of criminal intelligence information or criminal investigative information for the purpose of assisting such law enforcement agencies in the conduct of active criminal investigation or prosecution or for the purpose of litigating civil actions under the Racketeer Influenced and Corrupt Organization Act, during the time that such agencies are in possession of criminal intelligence information or criminal investigative information pursuant to their criminal law enforcement duties; or (d)  The Department of Corrections.

(5)  “Custodian of public records” means the elected or appointed state, county, or municipal officer charged with the responsibility of maintaining the office having public records, or his or her designee. (6)  “Data processing software” means the programs and routines used to employ and control the capabilities of data processing hardware, including, but not limited to, operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer networking programs.

  1. 7)  “Duplicated copies” means new copies produced by duplicating, as defined in s.283.30.
  2. 8)  “Exemption” means a provision of general law which provides that a specified record or meeting, or portion thereof, is not subject to the access requirements of s.119.07(1), s.286.011, or s.24, Art.
  3. I of the State Constitution.

(9)  “Information technology resources” means data processing hardware and software and services, communications, supplies, personnel, facility resources, maintenance, and training. (10)  “Paratransit” has the same meaning as provided in s.427.011. (11)  “Proprietary software” means data processing software that is protected by copyright or trade secret laws.

12)  “Public records” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

(13)  “Redact” means to conceal from a copy of an original public record, or to conceal from an electronic image that is available for public viewing, that portion of the record containing exempt or confidential information. (14)  “Sensitive,” for purposes of defining agency-produced software that is sensitive, means only those portions of data processing software, including the specifications and documentation, which are used to: (a)  Collect, process, store, and retrieve information that is exempt from s.119.07(1); (b)  Collect, process, store, and retrieve financial management information of the agency, such as payroll and accounting records; or (c)  Control and direct access authorizations and security measures for automated systems.

  1. 15)  “Utility” means a person or entity that provides electricity, natural gas, telecommunications, water, chilled water, reuse water, or wastewater. History.
  2. S.1, ch.67-125; s.2, ch.73-98; s.3, ch.75-225; ss.1, 2, ch.79-187; s.8, ch.85-53; s.1, ch.88-188; s.5, ch.93-404; s.5, ch.93-405; s.5, ch.95-207; s.6, ch.95-296; s.10, ch.95-398; s.40, ch.96-406; s.2, ch.97-90; s.3, ch.2004-335; s.43, ch.2005-251; s.1, ch.2008-57; s.1, ch.2016-95; s.1, ch.2017-11; s.2, ch.2018-2.119.021  Custodial requirements; maintenance, preservation, and retention of public records.

— (1)  Public records shall be maintained and preserved as follows: (a)  All public records should be kept in the buildings in which they are ordinarily used. (b)  Insofar as practicable, a custodian of public records of vital, permanent, or archival records shall keep them in fireproof and waterproof safes, vaults, or rooms fitted with noncombustible materials and in such arrangement as to be easily accessible for convenient use.

C)1.  Record books should be copied or repaired, renovated, or rebound if worn, mutilated, damaged, or difficult to read.2.  Whenever any state, county, or municipal records are in need of repair, restoration, or rebinding, the head of the concerned state agency, department, board, or commission; the board of county commissioners of such county; or the governing body of such municipality may authorize that such records be removed from the building or office in which such records are ordinarily kept for the length of time required to repair, restore, or rebind them.3.  Any public official who causes a record book to be copied shall attest and certify under oath that the copy is an accurate copy of the original book.

The copy shall then have the force and effect of the original. (2)(a)  The Division of Library and Information Services of the Department of State shall adopt rules to establish retention schedules and a disposal process for public records. (b)  Each agency shall comply with the rules establishing retention schedules and disposal processes for public records which are adopted by the records and information management program of the division.

(c)  Each public official shall systematically dispose of records no longer needed, subject to the consent of the records and information management program of the division in accordance with s.257.36. (d)  The division may ascertain the condition of public records and shall give advice and assistance to public officials to solve problems related to the preservation, creation, filing, and public accessibility of public records in their custody.

Public officials shall assist the division by preparing an inclusive inventory of categories of public records in their custody. The division shall establish a time period for the retention or disposal of each series of records. Upon the completion of the inventory and schedule, the division shall, subject to the availability of necessary space, staff, and other facilities for such purposes, make space available in its records center for the filing of semicurrent records so scheduled and in its archives for noncurrent records of permanent value, and shall render such other assistance as needed, including the microfilming of records so scheduled.

(3)  Agency final orders rendered before July 1, 2015, that were indexed or listed pursuant to s.120.53, and agency final orders rendered on or after July 1, 2015, that must be listed or copies of which must be transmitted to the Division of Administrative Hearings pursuant to s.120.53, have continuing legal significance; therefore, notwithstanding any other provision of this chapter or any provision of chapter 257, each agency shall permanently maintain records of such orders pursuant to the applicable rules of the Department of State.

(4)(a)  Whoever has custody of any public records shall deliver, at the expiration of his or her term of office, to his or her successor or, if there be none, to the records and information management program of the Division of Library and Information Services of the Department of State, all public records kept or received by him or her in the transaction of official business.

  1. B)  Whoever is entitled to custody of public records shall demand them from any person having illegal possession of them, who must forthwith deliver the same to him or her.
  2. Any person unlawfully possessing public records must within 10 days deliver such records to the lawful custodian of public records unless just cause exists for failing to deliver such records.

History. — s.2, ch.67-125; s.3, ch.83-286; s.753, ch.95-147; s.5, ch.2004-335; s.1, ch.2015-155.119.035  Officers-elect. — (1)  It is the policy of this state that the provisions of this chapter apply to officers-elect upon their election to public office.

  • Such officers-elect shall adopt and implement reasonable measures to ensure compliance with the public records obligations set forth in this chapter.
  • 2)  Public records of an officer-elect shall be maintained in accordance with the policies and procedures of the public office to which the officer has been elected.

(3)  If an officer-elect, individually or as part of a transition process, creates or uses an online or electronic communication or recordkeeping system, all public records maintained on such system shall be preserved so as not to impair the ability of the public to inspect or copy such public records.

4)  Upon taking the oath of office, the officer-elect shall, as soon as practicable, deliver to the person or persons responsible for records and information management in such office all public records kept or received in the transaction of official business during the period following election to public office.

(5)  As used in this section, the term “officer-elect” means the Governor, the Lieutenant Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture. History. — s.1, ch.2012-25.119.07  Inspection and copying of records; photographing public records; fees; exemptions.

  1. 1)(a)  Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records.
  2. B)  A custodian of public records or a person having custody of public records may designate another officer or employee of the agency to permit the inspection and copying of public records, but must disclose the identity of the designee to the person requesting to inspect or copy public records.

(c)  A custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed.

  1. D)  A person who has custody of a public record who asserts that an exemption applies to a part of such record shall redact that portion of the record to which an exemption has been asserted and validly applies, and such person shall produce the remainder of such record for inspection and copying.
  2. E)  If the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute.

(f)  If requested by the person seeking to inspect or copy the record, the custodian of public records shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential. (g)  In any civil action in which an exemption to this section is asserted, if the exemption is alleged to exist under or by virtue of s.119.071(1)(d) or (f), (2)(d), (e), or (f), or (4)(c), the public record or part thereof in question shall be submitted to the court for an inspection in camera.

If an exemption is alleged to exist under or by virtue of s.119.071(2)(c), an inspection in camera is discretionary with the court. If the court finds that the asserted exemption is not applicable, it shall order the public record or part thereof in question to be immediately produced for inspection or copying as requested by the person seeking such access.

(h)  Even if an assertion is made by the custodian of public records that a requested record is not a public record subject to public inspection or copying under this subsection, the requested record shall, nevertheless, not be disposed of for a period of 30 days after the date on which a written request to inspect or copy the record was served on or otherwise made to the custodian of public records by the person seeking access to the record.

  1. If a civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of the record except by order of a court of competent jurisdiction after notice to all affected parties.
  2. I)  The absence of a civil action instituted for the purpose stated in paragraph (g) does not relieve the custodian of public records of the duty to maintain the record as a public record if the record is in fact a public record subject to public inspection and copying under this subsection and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of such record.

(2)(a)  As an additional means of inspecting or copying public records, a custodian of public records may provide access to public records by remote electronic means, provided exempt or confidential information is not disclosed. (b)  The custodian of public records shall provide safeguards to protect the contents of public records from unauthorized remote electronic access or alteration and to prevent the disclosure or modification of those portions of public records which are exempt or confidential from subsection (1) or s.24, Art.

  • I of the State Constitution.
  • C)  Unless otherwise required by law, the custodian of public records may charge a fee for remote electronic access, granted under a contractual arrangement with a user, which fee may include the direct and indirect costs of providing such access.
  • Fees for remote electronic access provided to the general public shall be in accordance with the provisions of this section.

(3)(a)  Any person shall have the right of access to public records for the purpose of making photographs of the record while such record is in the possession, custody, and control of the custodian of public records. (b)  This subsection applies to the making of photographs in the conventional sense by use of a camera device to capture images of public records but excludes the duplication of microfilm in the possession of the clerk of the circuit court where a copy of the microfilm may be made available by the clerk.

C)  Photographing public records shall be done under the supervision of the custodian of public records, who may adopt and enforce reasonable rules governing the photographing of such records. (d)  Photographing of public records shall be done in the room where the public records are kept. If, in the judgment of the custodian of public records, this is impossible or impracticable, photographing shall be done in another room or place, as nearly adjacent as possible to the room where the public records are kept, to be determined by the custodian of public records.

Where provision of another room or place for photographing is required, the expense of providing the same shall be paid by the person desiring to photograph the public record pursuant to paragraph (4)(e). (4)  The custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law.

If a fee is not prescribed by law, the following fees are authorized: (a)1.  Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8 1 / 2 inches; 2.  No more than an additional 5 cents for each two-sided copy; and 3.  For all other copies, the actual cost of duplication of the public record.

(b)  The charge for copies of county maps or aerial photographs supplied by county constitutional officers may also include a reasonable charge for the labor and overhead associated with their duplication. (c)  An agency may charge up to $1 per copy for a certified copy of a public record.

D)  If the nature or volume of public records requested to be inspected or copied pursuant to this subsection is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the agency involved, or both, the agency may charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both.

(e)1.  Where provision of another room or place is necessary to photograph public records, the expense of providing the same shall be paid by the person desiring to photograph the public records.2.  The custodian of public records may charge the person making the photographs for supervision services at a rate of compensation to be agreed upon by the person desiring to make the photographs and the custodian of public records.

  • If they fail to agree as to the appropriate charge, the charge shall be determined by the custodian of public records.
  • 5)  When ballots are produced under this section for inspection or examination, no persons other than the supervisor of elections or the supervisor’s employees shall touch the ballots.

If the ballots are being examined before the end of the contest period in s.102.168, the supervisor of elections shall make a reasonable effort to notify all candidates by telephone or otherwise of the time and place of the inspection or examination.

  • All such candidates, or their representatives, shall be allowed to be present during the inspection or examination.
  • 6)  An exemption contained in this chapter or in any other general or special law shall not limit the access of the Auditor General, the Office of Program Policy Analysis and Government Accountability, or any state, county, municipal, university, board of community college, school district, or special district internal auditor to public records when such person states in writing that such records are needed for a properly authorized audit, examination, or investigation.

Such person shall maintain the exempt or confidential status of that public record and shall be subject to the same penalties as the custodian of that record for public disclosure of such record. (7)  An exemption from this section does not imply an exemption from s.286.011.

  1. The exemption from s.286.011 must be expressly provided.
  2. 8)  The provisions of this section are not intended to expand or limit the provisions of Rule 3.220, Florida Rules of Criminal Procedure, regarding the right and extent of discovery by the state or by a defendant in a criminal prosecution or in collateral postconviction proceedings.

This section may not be used by any inmate as the basis for failing to timely litigate any postconviction action. (9)  After receiving a request to inspect or copy a record, an agency may not respond to that request by filing an action for declaratory relief against the requester to determine whether the record is a public record as defined by s.119.011, or the status of the record as confidential or exempt from the provisions of subsection (1).

History. — s.7, ch.67-125; s.4, ch.75-225; s.2, ch.77-60; s.2, ch.77-75; s.2, ch.77-94; s.2, ch.77-156; s.2, ch.78-81; ss.2, 4, 6, ch.79-187; s.2, ch.80-273; s.1, ch.81-245; s.1, ch.82-95; s.36, ch.82-243; s.6, ch.83-215; s.2, ch.83-269; s.1, ch.83-286; s.5, ch.84-298; s.1, ch.85-18; s.1, ch.85-45; s.1, ch.85-73; s.1, ch.85-86; s.7, ch.85-152; s.1, ch.85-177; s.4, ch.85-301; s.2, ch.86-11; s.1, ch.86-21; s.1, ch.86-109; s.2, ch.87-399; s.2, ch.88-188; s.1, ch.88-384; s.1, ch.89-29; s.7, ch.89-55; s.1, ch.89-80; s.1, ch.89-275; s.2, ch.89-283; s.2, ch.89-350; s.1, ch.89-531; s.1, ch.90-43; s.63, ch.90-136; s.2, ch.90-196; s.4, ch.90-211; s.24, ch.90-306; ss.22, 26, ch.90-344; s.116, ch.90-360; s.78, ch.91-45; s.11, ch.91-57; s.1, ch.91-71; s.1, ch.91-96; s.1, ch.91-130; s.1, ch.91-149; s.1, ch.91-219; s.1, ch.91-288; ss.43, 45, ch.92-58; s.90, ch.92-152; s.59, ch.92-289; s.217, ch.92-303; s.1, ch.93-87; s.2, ch.93-232; s.3, ch.93-404; s.4, ch.93-405; s.4, ch.94-73; s.1, ch.94-128; s.3, ch.94-130; s.67, ch.94-164; s.1, ch.94-176; s.1419, ch.95-147; ss.1, 3, ch.95-170; s.4, ch.95-207; s.1, ch.95-320; ss.1, 2, 3, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 18, 19, 20, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, 36, ch.95-398; s.1, ch.95-399; s.121, ch.95-418; s.3, ch.96-178; s.1, ch.96-230; s.5, ch.96-268; s.4, ch.96-290; s.41, ch.96-406; s.18, ch.96-410; s.1, ch.97-185; s.1, ch.98-9; s.7, ch.98-137; s.1, ch.98-255; s.1, ch.98-259; s.128, ch.98-403; s.2, ch.99-201; s.27, ch.2000-164; s.54, ch.2000-349; s.1, ch.2001-87; s.1, ch.2001-108; s.1, ch.2001-249; s.29, ch.2001-261; s.33, ch.2001-266; s.1, ch.2001-364; s.1, ch.2002-67; ss.1, 3, ch.2002-257; s.2, ch.2002-391; s.11, ch.2003-1; s.1, ch.2003-100; ss.1, 2, ch.2003-110; s.1, ch.2003-137; ss.1, 2, ch.2003-157; ss.1, 2, ch.2004-9; ss.1, 2, ch.2004-32; ss.1, 2, ch.2004-62; ss.1, 3, ch.2004-95; s.7, ch.2004-335; ss.2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, ch.2005-251; s.74, ch.2005-277; s.1, ch.2007-39; ss.2, 4, ch.2007-251; s.1, ch.2021-173.119.0701  Contracts; public records; request for contractor records; civil action.

— (1)  DEFINITIONS. — For purposes of this section, the term: (a)  “Contractor” means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under s.119.011(2).

  1. B)  “Public agency” means a state, county, district, authority, or municipal officer, or department, division, board, bureau, commission, or other separate unit of government created or established by law.
  2. 2)  CONTRACT REQUIREMENTS.
  3. In addition to other contract requirements provided by law, each public agency contract for services entered into or amended on or after July 1, 2016, must include: (a)  The following statement, in substantially the following form, identifying the contact information of the public agency’s custodian of public records in at least 14-point boldfaced type: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (telephone number, e-mail address, and mailing address),

(b)  A provision that requires the contractor to comply with public records laws, specifically to: 1.  Keep and maintain public records required by the public agency to perform the service.2.  Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.3.  Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency.4.  Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service.

  1. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.
  2. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records.

All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. (3)  REQUEST FOR RECORDS; NONCOMPLIANCE.

  1. A)  A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency.
  2. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time.

(b)  If a contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. (c)  A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s.119.10.

(4)  CIVIL ACTION. — (a)  If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1.  The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2.  At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor.

(b)  A notice complies with subparagraph (a)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format.

C)  A contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. History. — s.1, ch.2013-154; s.1, ch.2016-20.119.071  General exemptions from inspection or copying of public records. — (1)  AGENCY ADMINISTRATION.

— (a)  Examination questions and answer sheets of examinations administered by a governmental agency for the purpose of licensure, certification, or employment are exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution. A person who has taken such an examination has the right to review his or her own completed examination.

(b)1.  For purposes of this paragraph, “competitive solicitation” means the process of requesting and receiving sealed bids, proposals, or replies in accordance with the terms of a competitive process, regardless of the method of procurement.2.  Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.3.  If an agency rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the agency concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution until such time as the agency provides notice of an intended decision concerning the reissued competitive solicitation or until the agency withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial agency notice rejecting all bids, proposals, or replies.

(c)  Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a proposal for a road or any other public works project is exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution.

(d)1.  A public record that was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney’s express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution until the conclusion of the litigation or adversarial administrative proceedings. For purposes of capital collateral litigation as set forth in s.27.7001, the Attorney General’s office is entitled to claim this exemption for those public records prepared for direct appeal as well as for all capital collateral litigation after direct appeal until execution of sentence or imposition of a life sentence.2.  This exemption is not waived by the release of such public record to another public employee or officer of the same agency or any person consulted by the agency attorney.

When asserting the right to withhold a public record pursuant to this paragraph, the agency shall identify the potential parties to any such criminal or civil litigation or adversarial administrative proceedings. If a court finds that the document or other record has been improperly withheld under this paragraph, the party seeking access to such document or record shall be awarded reasonable attorney’s fees and costs in addition to any other remedy ordered by the court.

(e)  Any videotape or video signal that, under an agreement with an agency, is produced, made, or received by, or is in the custody of, a federally licensed radio or television station or its agent is exempt from s.119.07(1). (f)  Agency-produced data processing software that is sensitive is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. The designation of agency-produced software as sensitive does not prohibit an agency head from sharing or exchanging such software with another public agency. (g)1.  United States Census Bureau address information, including maps showing structure location points, agency records that verify addresses, and agency records that identify address errors or omissions, which is held by an agency pursuant to the Local Update of Census Addresses Program authorized under 13 U.S.C.s.16, is confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.2.  Such information may be released to another agency or governmental entity in the furtherance of its duties and responsibilities under the Local Update of Census Addresses Program.3.  An agency performing duties and responsibilities under the Local Update of Census Addresses Program shall have access to any other confidential or exempt information held by another agency if such access is necessary in order to perform its duties and responsibilities under the program.4.  This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature.

  • 2)  AGENCY INVESTIGATIONS.
  • A)  All criminal intelligence and criminal investigative information received by a criminal justice agency prior to January 25, 1979, is exempt from s.119.07(1) and s.24(a), Art.
  • I of the State Constitution.
  • B)  Whenever criminal intelligence information or criminal investigative information held by a non-Florida criminal justice agency is available to a Florida criminal justice agency only on a confidential or similarly restricted basis, the Florida criminal justice agency may obtain and use such information in accordance with the conditions imposed by the providing agency.

(c)1.  Active criminal intelligence information and active criminal investigative information are exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution.2.a.  A request made by a law enforcement agency to inspect or copy a public record that is in the custody of another agency and the custodian’s response to the request, and any information that would identify whether a law enforcement agency has requested or received that public record are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution, during the period in which the information constitutes active criminal intelligence information or active criminal investigative information.b.  The law enforcement agency that made the request to inspect or copy a public record shall give notice to the custodial agency when the criminal intelligence information or criminal investigative information is no longer active so that the request made by the law enforcement agency, the custodian’s response to the request, and information that would identify whether the law enforcement agency had requested or received that public record are available to the public.c.  This exemption is remedial in nature, and it is the intent of the Legislature that the exemption be applied to requests for information received before, on, or after the effective date of this paragraph.

(d)  Any information revealing surveillance techniques or procedures or personnel is exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution. Any comprehensive inventory of state and local law enforcement resources compiled pursuant to part I, chapter 23, and any comprehensive policies or plans compiled by a criminal justice agency pertaining to the mobilization, deployment, or tactical operations involved in responding to an emergency, as defined in s.252.34, are exempt from s.119.07(1) and s.24(a), Art.

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I of the State Constitution and unavailable for inspection, except by personnel authorized by a state or local law enforcement agency, the office of the Governor, the Department of Legal Affairs, the Department of Law Enforcement, or the Division of Emergency Management as having an official need for access to the inventory or comprehensive policies or plans.

(e)  Any information revealing the substance of a confession of a person arrested is exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution, until such time as the criminal case is finally determined by adjudication, dismissal, or other final disposition.

  • F)  Any information revealing the identity of a confidential informant or a confidential source is exempt from s.119.07(1) and s.24(a), Art.
  • I of the State Constitution.
  • G)1.  All complaints and other records in the custody of any agency which relate to a complaint of discrimination relating to race, color, religion, sex, national origin, age, handicap, or marital status in connection with hiring practices, position classifications, salary, benefits, discipline, discharge, employee performance, evaluation, or other related activities are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution until a finding is made relating to probable cause, the investigation of the complaint becomes inactive, or the complaint or other record is made part of the official record of any hearing or court proceeding.a.  This exemption does not affect any function or activity of the Florida Commission on Human Relations.b.  Any state or federal agency that is authorized to have access to such complaints or records by any provision of law shall be granted such access in the furtherance of such agency’s statutory duties.2.  If an alleged victim chooses not to file a complaint and requests that records of the complaint remain confidential, all records relating to an allegation of employment discrimination are confidential and exempt from s.119.07(1) and s.24(a), Art.

  • I of the State Constitution.
  • H)1.  The following criminal intelligence information or criminal investigative information is confidential and exempt from s.119.07(1) and s.24(a), Art.
  • I of the State Constitution: a.  Any information that reveals the identity of the victim of the crime of child abuse as defined by chapter 827 or that reveals the identity of a person under the age of 18 who is the victim of the crime of human trafficking proscribed in s.787.06(3)(a).b.  Any information that may reveal the identity of a person who is a victim of any sexual offense, including a sexual offense proscribed in s.787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796, chapter 800, chapter 827, or chapter 847.c.  A photograph, videotape, or image of any part of the body of the victim of a sexual offense prohibited under s.787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796, chapter 800, s.810.145, chapter 827, or chapter 847, regardless of whether the photograph, videotape, or image identifies the victim.2.  Criminal investigative information and criminal intelligence information made confidential and exempt under this paragraph may be disclosed by a law enforcement agency: a.  In the furtherance of its official duties and responsibilities.b.  For print, publication, or broadcast if the law enforcement agency determines that such release would assist in locating or identifying a person that such agency believes to be missing or endangered.

The information provided should be limited to that needed to identify or locate the victim and not include the sexual nature of the offense committed against the person.c.  To another governmental agency in the furtherance of its official duties and responsibilities.3.  This exemption applies to such confidential and exempt criminal intelligence information or criminal investigative information held by a law enforcement agency before, on, or after the effective date of the exemption.

  • I)  Any criminal intelligence information or criminal investigative information that reveals the personal assets of the victim of a crime, other than property stolen or destroyed during the commission of the crime, is exempt from s.119.07(1) and s.24(a), Art.
  • I of the State Constitution.
  • J)1.  Any document that reveals the identity, home or employment telephone number, home or employment address, or personal assets of the victim of a crime and identifies that person as the victim of a crime, which document is received by any agency that regularly receives information from or concerning the victims of crime, is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. Any information not otherwise held confidential or exempt from s.119.07(1) which reveals the home or employment telephone number, home or employment address, or personal assets of a person who has been the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution, upon written request by the victim, which must include official verification that an applicable crime has occurred. Such information shall cease to be exempt 5 years after the receipt of the written request. Any state or federal agency that is authorized to have access to such documents by any provision of law shall be granted such access in the furtherance of such agency’s statutory duties, notwithstanding this section.2.a.  Any information in a videotaped statement of a minor who is alleged to be or who is a victim of sexual battery, lewd acts, or other sexual misconduct proscribed in chapter 800 or in s.794.011, s.827.071, s.847.012, s.847.0125, s.847.013, s.847.0133, or s.847.0145, which reveals that minor’s identity, including, but not limited to, the minor’s face; the minor’s home, school, church, or employment telephone number; the minor’s home, school, church, or employment address; the name of the minor’s school, church, or place of employment; or the personal assets of the minor; and which identifies that minor as the victim of a crime described in this subparagraph, held by a law enforcement agency, is confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. Any governmental agency that is authorized to have access to such statements by any provision of law shall be granted such access in the furtherance of the agency’s statutory duties, notwithstanding the provisions of this section.b.  A public employee or officer who has access to a videotaped statement of a minor who is alleged to be or who is a victim of sexual battery, lewd acts, or other sexual misconduct proscribed in chapter 800 or in s.794.011, s.827.071, s.847.012, s.847.0125, s.847.013, s.847.0133, or s.847.0145 may not willfully and knowingly disclose videotaped information that reveals the minor’s identity to a person who is not assisting in the investigation or prosecution of the alleged offense or to any person other than the defendant, the defendant’s attorney, or a person specified in an order entered by the court having jurisdiction of the alleged offense.

  1. A person who violates this provision commits a misdemeanor of the first degree, punishable as provided in s.775.082 or s.775.083.
  2. K)  A complaint of misconduct filed with an agency against an agency employee and all information obtained pursuant to an investigation by the agency of the complaint of misconduct is confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution until the investigation ceases to be active, or until the agency provides written notice to the employee who is the subject of the complaint, either personally or by mail, that the agency has either: 1.  Concluded the investigation with a finding not to proceed with disciplinary action or file charges; or 2.  Concluded the investigation with a finding to proceed with disciplinary action or file charges.

(l)1.  As used in this paragraph, the term: a.  “Body camera” means a portable electronic recording device that is worn on a law enforcement officer’s body and that records audio and video data in the course of the officer performing his or her official duties and responsibilities.b.  “Law enforcement officer” has the same meaning as provided in s.943.10.c.  “Personal representative” means a parent, a court-appointed guardian, an attorney, or an agent of, or a person holding a power of attorney for, a person recorded by a body camera.

If a person depicted in the recording is deceased, the term also means the personal representative of the estate of the deceased person; the deceased person’s surviving spouse, parent, or adult child; the deceased person’s attorney or agent; or the parent or guardian of a surviving minor child of the deceased.

  1. An agent must possess written authorization of the recorded person to act on his or her behalf.2.  A body camera recording, or a portion thereof, is confidential and exempt from s.119.07(1) and s.24(a), Art.
  2. I of the State Constitution if the recording: a.  Is taken within the interior of a private residence; b.  Is taken within the interior of a facility that offers health care, mental health care, or social services; or c.  Is taken in a place that a reasonable person would expect to be private.3.  Notwithstanding subparagraph 2., a body camera recording, or a portion thereof, may be disclosed by a law enforcement agency: a.  In furtherance of its official duties and responsibilities; or b.  To another governmental agency in the furtherance of its official duties and responsibilities.4.  Notwithstanding subparagraph 2., a body camera recording, or a portion thereof, shall be disclosed by a law enforcement agency: a.  To a person recorded by a body camera; however, a law enforcement agency may disclose only those portions that are relevant to the person’s presence in the recording; b.  To the personal representative of a person recorded by a body camera; however, a law enforcement agency may disclose only those portions that are relevant to the represented person’s presence in the recording; c.  To a person not depicted in a body camera recording if the recording depicts a place in which the person lawfully resided, dwelled, or lodged at the time of the recording; however, a law enforcement agency may disclose only those portions that record the interior of such a place.d.  Pursuant to a court order.

(I)  In addition to any other grounds the court may consider in determining whether to order that a body camera recording be disclosed, the court shall consider whether: (A)  Disclosure is necessary to advance a compelling interest; (B)  The recording contains information that is otherwise exempt or confidential and exempt under the law; (C)  The person requesting disclosure is seeking to obtain evidence to determine legal issues in a case in which the person is a party; (D)  Disclosure would reveal information regarding a person that is of a highly sensitive personal nature; (E)  Disclosure may harm the reputation or jeopardize the safety of a person depicted in the recording; (F)  Confidentiality is necessary to prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice; (G)  The recording could be redacted to protect privacy interests; and (H)  There is good cause to disclose all or portions of a recording.

II)  In any proceeding regarding the disclosure of a body camera recording, the law enforcement agency that made the recording shall be given reasonable notice of hearings and shall be given an opportunity to participate.5.  A law enforcement agency must retain a body camera recording for at least 90 days.6.  The exemption provided in subparagraph 2.

applies retroactively.7.  This exemption does not supersede any other public records exemption that existed before or is created after the effective date of this exemption. Those portions of a recording which are protected from disclosure by another public records exemption shall continue to be exempt or confidential and exempt.

(m)  Criminal intelligence information or criminal investigative information that reveals the personal identifying information of a witness to a murder, as described in s.782.04, is confidential and exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution for 2 years after the date on which the murder is observed by the witness.

A criminal justice agency may disclose such information: 1.  In the furtherance of its official duties and responsibilities.2.  To assist in locating or identifying the witness if the agency believes the witness to be missing or endangered.3.  To another governmental agency for use in the performance of its official duties and responsibilities.4.  To the parties in a pending criminal prosecution as required by law.

  1. N)  Personal identifying information of the alleged victim in an allegation of sexual harassment or the victim of sexual harassment is confidential and exempt from s.119.07(1) and s.24(a), Art.
  2. I of the State Constitution if such information identifies that person as an alleged victim or as a victim of sexual harassment.

Confidentiality may be waived in writing by the alleged victim or the victim. Such information may be disclosed to another governmental entity in the furtherance of its official duties and responsibilities. This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.

  1. O)  The address of a victim of an incident of mass violence is exempt from s.119.07(1) and s.24(a), Art.
  2. I of the State Constitution.
  3. For purposes of this paragraph, the term “incident of mass violence” means an incident in which four or more people, not including the perpetrator, are severely injured or killed by an intentional and indiscriminate act of violence of another.

For purposes of this paragraph, the term “victim” means a person killed or injured during an incident of mass violence, not including the perpetrator. This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature.

P)1.  As used in this paragraph, the term: a.  “Killing of a law enforcement officer who was acting in accordance with his or her official duties” means all acts or events that cause or otherwise relate to the death of a law enforcement officer who was acting in accordance with his or her official duties, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.b.  “Killing of a victim of mass violence” means events that depict either a victim being killed or the body of a victim killed in an incident in which three or more persons, not including the perpetrator, are killed by the perpetrator of an intentional act of violence.2.  A photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence is confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution, except that a surviving spouse of the decedent may view and copy any such photograph or video recording or listen to or copy any such audio recording. If there is no surviving spouse, the surviving parents shall have access to such records.

  • If there is no surviving spouse or parent, the adult children shall have access to such records.
  • Nothing in this paragraph precludes a surviving spouse, parent, or adult child of the victim from sharing or publicly releasing such photograph or video or audio recording.3.a.  The deceased’s surviving relative, with whom authority rests to obtain such records, may designate in writing an agent to obtain such records.b.  A local governmental entity, or a state or federal agency, in furtherance of its official duties, pursuant to a written request, may view or copy a photograph or video recording or may listen to or copy an audio recording of the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, and, unless otherwise required in the performance of its duties, the identity of the deceased shall remain confidential and exempt.c.  The custodian of the record, or his or her designee, may not permit any other person to view or copy such photograph or video recording or listen to or copy such audio recording without a court order.4.a.  The court, upon a showing of good cause, may issue an order authorizing any person to view or copy a photograph or video recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, or to listen to or copy an audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, and may prescribe any restrictions or stipulations that the court deems appropriate.b.  In determining good cause, the court shall consider: (I)  Whether such disclosure is necessary for the public evaluation of governmental performance; (II)  The seriousness of the intrusion into the family’s right to privacy and whether such disclosure is the least intrusive means available; and (III)  The availability of similar information in other public records, regardless of form.c.  In all cases, the viewing, copying, listening to, or other handling of a photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence must be under the direct supervision of the custodian of the record or his or her designee.5.  A surviving spouse shall be given reasonable notice of a petition filed with the court to view or copy a photograph or video recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, or to listen to or copy any such audio recording, a copy of such petition, and reasonable notice of the opportunity to be present and heard at any hearing on the matter.

If there is no surviving spouse, such notice must be given to the parents of the deceased and, if the deceased has no surviving parent, to the adult children of the deceased.6.a.  Any custodian of a photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence who willfully and knowingly violates this paragraph commits a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084.b.  Any person who willfully and knowingly violates a court order issued pursuant to this paragraph commits a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084.c.  A criminal or administrative proceeding is exempt from this paragraph but, unless otherwise exempted, is subject to all other provisions of chapter 119; however, this paragraph does not prohibit a court in a criminal or administrative proceeding upon good cause shown from restricting or otherwise controlling the disclosure of a killing, crime scene, or similar photograph or video or audio recording in the manner prescribed in this paragraph.7.  The exemption in this paragraph shall be given retroactive application and shall apply to all photographs or video or audio recordings that depict or record the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence, regardless of whether the killing of the person occurred before, on, or after May 23, 2019.

However, nothing in this paragraph is intended to, nor may be construed to, overturn or abrogate or alter any existing orders duly entered into by any court of this state, as of the effective date of this act, which restrict or limit access to any photographs or video or audio recordings that depict or record the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence.8.  This paragraph applies only to such photographs and video and audio recordings held by an agency.9.  This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.

(q)1.  As used in this paragraph, the term: a.  “Conviction integrity unit” means a unit within a state attorney’s office established for the purpose of reviewing plausible claims of actual innocence.b.  “Conviction integrity unit reinvestigation information” means information or materials generated during a new investigation by a conviction integrity unit following the unit’s formal written acceptance of an applicant’s case.

The term does not include: (I)  Information, materials, or records generated by a state attorney’s office during an investigation done for the purpose of responding to motions made pursuant to Rule 3.800, Rule 3.850, or Rule 3.853, Florida Rules of Criminal Procedure, or any other collateral proceeding.

(II)  Petitions by applicants to the conviction integrity unit. (III)  Criminal investigative information generated before the commencement of a conviction integrity unit investigation which is not otherwise exempt from this section.2.  Conviction integrity unit reinvestigation information is exempt from s.119.07(1) and s.24(a), Art.

  1. I of the State Constitution for a reasonable period of time during an active, ongoing, and good faith investigation of a claim of actual innocence in a case that previously resulted in the conviction of the accused person and until the claim is no longer capable of further investigation.
  2. This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature.

(3)  SECURITY AND FIRESAFETY. — (a)1.  As used in this paragraph, the term “security or firesafety system plan” includes all: a.  Records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof relating directly to the physical security or firesafety of the facility or revealing security or firesafety systems; b.  Threat assessments conducted by any agency or any private entity; c.  Threat response plans; d.  Emergency evacuation plans; e.  Sheltering arrangements; or f.  Manuals for security or firesafety personnel, emergency equipment, or security or firesafety training.2.  A security or firesafety system plan or portion thereof for: a.  Any property owned by or leased to the state or any of its political subdivisions; or b.  Any privately owned or leased property held by an agency is confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. This exemption is remedial in nature, and it is the intent of the Legislature that this exemption apply to security or firesafety system plans held by an agency before, on, or after the effective date of this paragraph. This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature.3.  Information made confidential and exempt by this paragraph may be disclosed: a.  To the property owner or leaseholder; b.  In furtherance of the official duties and responsibilities of the agency holding the information; c.  To another local, state, or federal agency in furtherance of that agency’s official duties and responsibilities; or d.  Upon a showing of good cause before a court of competent jurisdiction.

(b)1.  Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.2.  This exemption applies to building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency before, on, or after the effective date of this act.3.  Information made exempt by this paragraph may be disclosed: a.  To another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; b.  To a licensed architect, engineer, or contractor who is performing work on or related to the building, arena, stadium, water treatment facility, or other structure owned or operated by an agency; or c.  Upon a showing of good cause before a court of competent jurisdiction.4.  The entities or persons receiving such information shall maintain the exempt status of the information.

(c)1.  Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout or structural elements of an attractions and recreation facility, entertainment or resort complex, industrial complex, retail and service development, office development, health care facility, or hotel or motel development, which records are held by an agency are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.2.  This exemption applies to any such records held by an agency before, on, or after the effective date of this act.3.  Information made exempt by this paragraph may be disclosed to another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; to the owner or owners of the structure in question or the owner’s legal representative; or upon a showing of good cause before a court of competent jurisdiction.4.  This paragraph does not apply to comprehensive plans or site plans, or amendments thereto, which are submitted for approval or which have been approved under local land development regulations, local zoning regulations, or development-of-regional-impact review.5.  As used in this paragraph, the term: a.  “Attractions and recreation facility” means any sports, entertainment, amusement, or recreation facility, including, but not limited to, a sports arena, stadium, racetrack, tourist attraction, amusement park, or pari-mutuel facility that: (I)  For single-performance facilities: (A)  Provides single-performance facilities; or (B)  Provides more than 10,000 permanent seats for spectators.

(II)  For serial-performance facilities: (A)  Provides parking spaces for more than 1,000 motor vehicles; or (B)  Provides more than 4,000 permanent seats for spectators.b.  “Entertainment or resort complex” means a theme park comprised of at least 25 acres of land with permanent exhibitions and a variety of recreational activities, which has at least 1 million visitors annually who pay admission fees thereto, together with any lodging, dining, and recreational facilities located adjacent to, contiguous to, or in close proximity to the theme park, as long as the owners or operators of the theme park, or a parent or related company or subsidiary thereof, has an equity interest in the lodging, dining, or recreational facilities or is in privity therewith.

Close proximity includes an area within a 5-mile radius of the theme park complex.c.  “Industrial complex” means any industrial, manufacturing, processing, distribution, warehousing, or wholesale facility or plant, as well as accessory uses and structures, under common ownership that: (I)  Provides onsite parking for more than 250 motor vehicles; (II)  Encompasses 500,000 square feet or more of gross floor area; or (III)  Occupies a site of 100 acres or more, but excluding wholesale facilities or plants that primarily serve or deal onsite with the general public.d.  “Retail and service development” means any retail, service, or wholesale business establishment or group of establishments which deals primarily with the general public onsite and is operated under one common property ownership, development plan, or management that: (I)  Encompasses more than 400,000 square feet of gross floor area; or (II)  Provides parking spaces for more than 2,500 motor vehicles.e.  “Office development” means any office building or park operated under common ownership, development plan, or management that encompasses 300,000 or more square feet of gross floor area.f.  “Health care facility” means a hospital, ambulatory surgical center, nursing home, hospice, or intermediate care facility for the developmentally disabled.g.  “Hotel or motel development” means any hotel or motel development that accommodates 350 or more units.6.  This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature.

(d)1.  Information relating to the Nationwide Public Safety Broadband Network established pursuant to 47 U.S.C. ss.1401 et seq., held by an agency is confidential and exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution if release of such information would reveal: a.  The design, development, construction, deployment, and operation of network facilities; b.  Network coverage, including geographical maps indicating actual or proposed locations of network infrastructure or facilities; c.  The features, functions, and capabilities of network infrastructure and facilities; d.  The features, functions, and capabilities of network services provided to first responders, as defined in s.112.1815, and other network users; e.  The design, features, functions, and capabilities of network devices provided to first responders and other network users; or f.  Security, including cybersecurity, of the design, construction, and operation of the network and associated services and products.2.  This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature.

(e)1.a.  Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the structural elements of 911, E911, or public safety radio communication system infrastructure, including towers, antennae, equipment or facilities used to provide 911, E911, or public safety radio communication services, or other 911, E911, or public safety radio communication structures or facilities owned and operated by an agency are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.b.  Geographical maps indicating the actual or proposed locations of 911, E911, or public safety radio communication system infrastructure, including towers, antennae, equipment or facilities used to provide 911, E911, or public safety radio services, or other 911, E911, or public safety radio communication structures or facilities owned and operated by an agency are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.2.  This exemption applies to building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the structural elements of 911, E911, or public safety radio communication system infrastructure or other 911, E911, or public safety radio communication structures or facilities owned and operated by an agency, and geographical maps indicating actual or proposed locations of 911, E911, or public safety radio communication system infrastructure or other 911, E911, or public safety radio communication structures or facilities owned and operated by an agency, before, on, or after the effective date of this act.3.  Information made exempt by this paragraph may be disclosed: a.  To another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; b.  To a licensed architect, engineer, or contractor who is performing work on or related to the 911, E911, or public safety radio communication system infrastructure, including towers, antennae, equipment or facilities used to provide 911, E911, or public safety radio communication services, or other 911, E911, or public safety radio communication structures or facilities owned and operated by an agency; or c.  Upon a showing of good cause before a court of competent jurisdiction.4.  The entities or persons receiving such information must maintain the exempt status of the information.5.  For purposes of this paragraph, the term “public safety radio” is defined as the means of communication between and among 911 public safety answering points, dispatchers, and first responder agencies using those portions of the radio frequency spectrum designated by the Federal Communications Commission under 47 C.F.R.

part 90 for public safety purposes.6.  This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2025, unless reviewed and saved from repeal through reenactment by the Legislature.

  • 4)  AGENCY PERSONNEL INFORMATION.
  • A)1.  The social security numbers of all current and former agency employees which are held by the employing agency are confidential and exempt from s.119.07(1) and s.24(a), Art.
  • I of the State Constitution.2.  The social security numbers of current and former agency employees may be disclosed by the employing agency: a.  If disclosure of the social security number is expressly required by federal or state law or a court order.b.  To another agency or governmental entity if disclosure of the social security number is necessary for the receiving agency or entity to perform its duties and responsibilities.c.  If the current or former agency employee expressly consents in writing to the disclosure of his or her social security number.

(b)1.  Medical information pertaining to a prospective, current, or former officer or employee of an agency which, if disclosed, would identify that officer or employee is exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution. However, such information may be disclosed if the person to whom the information pertains or the person’s legal representative provides written permission or pursuant to court order.2.a.  Personal identifying information of a dependent child of a current or former officer or employee of an agency, which dependent child is insured by an agency group insurance plan, is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. For purposes of this exemption, “dependent child” has the same meaning as in s.409.2554.b.  This exemption is remedial in nature and applies to such personal identifying information held by an agency before, on, or after the effective date of this exemption. (c)  Any information revealing undercover personnel of any criminal justice agency is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. (d)1.  For purposes of this paragraph, the term: a.  “Home addresses” means the dwelling location at which an individual resides and includes the physical address, mailing address, street address, parcel identification number, plot identification number, legal property description, neighborhood name and lot number, GPS coordinates, and any other descriptive property information that may reveal the home address.b.  “Telephone numbers” includes home telephone numbers, personal cellular telephone numbers, personal pager telephone numbers, and telephone numbers associated with personal communications devices.2.a.  The home addresses, telephone numbers, dates of birth, and photographs of active or former sworn law enforcement personnel or of active or former civilian personnel employed by a law enforcement agency, including correctional and correctional probation officers, personnel of the Department of Children and Families whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities, personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect, and personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement; the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.b.  The home addresses, telephone numbers, dates of birth, and photographs of current or former nonsworn investigative personnel of the Department of Financial Services whose duties include the investigation of fraud, theft, workers’ compensation coverage requirements and compliance, other related criminal activities, or state regulatory requirement violations; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.c.  The home addresses, telephone numbers, dates of birth, and photographs of current or former nonsworn investigative personnel of the Office of Financial Regulation’s Bureau of Financial Investigations whose duties include the investigation of fraud, theft, other related criminal activities, or state regulatory requirement violations; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.d.  The home addresses, telephone numbers, dates of birth, and photographs of current or former firefighters certified in compliance with s.633.408; the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such firefighters; and the names and locations of schools and day care facilities attended by the children of such firefighters are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.e.  The home addresses, dates of birth, and telephone numbers of current or former justices of the Supreme Court, district court of appeal judges, circuit court judges, and county court judges; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of current or former justices and judges; and the names and locations of schools and day care facilities attended by the children of current or former justices and judges are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.f.  The home addresses, telephone numbers, dates of birth, and photographs of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors; the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors; and the names and locations of schools and day care facilities attended by the children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.g.  The home addresses, dates of birth, and telephone numbers of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers; and the names and locations of schools and day care facilities attended by the children of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.h.  The home addresses, telephone numbers, dates of birth, and photographs of current or former human resource, labor relations, or employee relations directors, assistant directors, managers, or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel-related duties; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.i.  The home addresses, telephone numbers, dates of birth, and photographs of current or former code enforcement officers; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.j.  The home addresses, telephone numbers, places of employment, dates of birth, and photographs of current or former guardians ad litem, as defined in s.39.820; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.k.  The home addresses, telephone numbers, dates of birth, and photographs of current or former juvenile probation officers, juvenile probation supervisors, detention superintendents, assistant detention superintendents, juvenile justice detention officers I and II, juvenile justice detention officer supervisors, juvenile justice residential officers, juvenile justice residential officer supervisors I and II, juvenile justice counselors, juvenile justice counselor supervisors, human services counselor administrators, senior human services counselor administrators, rehabilitation therapists, and social services counselors of the Department of Juvenile Justice; the names, home addresses, telephone numbers, dates of birth, and places of employment of spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.l.  The home addresses, telephone numbers, dates of birth, and photographs of current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel; and the names and locations of schools and day care facilities attended by the children of current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.m.  The home addresses, telephone numbers, dates of birth, and photographs of current or former investigators or inspectors of the Department of Business and Professional Regulation; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such current or former investigators and inspectors; and the names and locations of schools and day care facilities attended by the children of such current or former investigators and inspectors are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.n.  The home addresses, telephone numbers, and dates of birth of county tax collectors; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such tax collectors; and the names and locations of schools and day care facilities attended by the children of such tax collectors are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.o.  The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel of the Department of Health whose duties include, or result in, the determination or adjudication of eligibility for social security disability benefits, the investigation or prosecution of complaints filed against health care practitioners, or the inspection of health care practitioners or health care facilities licensed by the Department of Health; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.p.  The home addresses, telephone numbers, dates of birth, and photographs of current or former impaired practitioner consultants who are retained by an agency or current or former employees of an impaired practitioner consultant whose duties result in a determination of a person’s skill and safety to practice a licensed profession; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such consultants or their employees; and the names and locations of schools and day care facilities attended by the children of such consultants or employees are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.q.  The home addresses, telephone numbers, dates of birth, and photographs of current or former emergency medical technicians or paramedics certified under chapter 401; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such emergency medical technicians or paramedics; and the names and locations of schools and day care facilities attended by the children of such emergency medical technicians or paramedics are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.r.  The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel employed in an agency’s office of inspector general or internal audit department whose duties include auditing or investigating waste, fraud, abuse, theft, exploitation, or other activities that could lead to criminal prosecution or administrative discipline; the names, home addresses, telephone numbers, dates of birth, and places of employment of spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.s.  The home addresses, telephone numbers, dates of birth, and photographs of current or former directors, managers, supervisors, nurses, and clinical employees of an addiction treatment facility; the home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.119.07(1) and s.24(a), Art.

  1. I of the State Constitution.
  2. For purposes of this sub-subparagraph, the term “addiction treatment facility” means a county government, or agency thereof, that is licensed pursuant to s.397.401 and provides substance abuse prevention, intervention, or clinical treatment, including any licensed service component described in s.397.311(26).t.  The home addresses, telephone numbers, dates of birth, and photographs of current or former directors, managers, supervisors, and clinical employees of a child advocacy center that meets the standards of s.39.3035(2) and fulfills the screening requirement of s.39.3035(3), and the members of a Child Protection Team as described in s.39.303 whose duties include supporting the investigation of child abuse or sexual abuse, child abandonment, child neglect, and child exploitation or to provide services as part of a multidisciplinary case review team; the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel and members; and the names and locations of schools and day care facilities attended by the children of such personnel and members are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.u.  The home addresses, telephone numbers, places of employment, dates of birth, and photographs of current or former staff and domestic violence advocates, as defined in s.90.5036(1)(b), of domestic violence centers certified by the Department of Children and Families under chapter 39; the names, home addresses, telephone numbers, places of employment, dates of birth, and photographs of the spouses and children of such personnel; and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.3.  An agency that is the custodian of the information specified in subparagraph 2. and that is not the employer of the officer, employee, justice, judge, or other person specified in subparagraph 2. must maintain the exempt status of that information only if the officer, employee, justice, judge, other person, or employing agency of the designated employee submits a written and notarized request for maintenance of the exemption to the custodial agency.

The request must state under oath the statutory basis for the individual’s exemption request and confirm the individual’s status as a party eligible for exempt status.4.a.  A county property appraiser, as defined in s.192.001(3), or a county tax collector, as defined in s.192.001(4), who receives a written and notarized request for maintenance of the exemption pursuant to subparagraph 3.

  1. Must comply by removing the name of the individual with exempt status and the instrument number or Official Records book and page number identifying the property with the exempt status from all publicly available records maintained by the property appraiser or tax collector.
  2. For written requests received on or before July 1, 2021, a county property appraiser or county tax collector must comply with this sub-subparagraph by October 1, 2021.

A county property appraiser or county tax collector may not remove the street address, legal description, or other information identifying real property within the agency’s records so long as a name or personal information otherwise exempt from inspection and copying pursuant to this section are not associated with the property or otherwise displayed in the public records of the agency.b.  Any information restricted from public display, inspection, or copying under sub-subparagraph a.

Must be provided to the individual whose information was removed.5.  An officer, an employee, a justice, a judge, or other person specified in subparagraph 2. may submit a written request for the release of his or her exempt information to the custodial agency. The written request must be notarized and must specify the information to be released and the party authorized to receive the information.

Upon receipt of the written request, the custodial agency must release the specified information to the party authorized to receive such information.6.  The exemptions in this paragraph apply to information held by an agency before, on, or after the effective date of the exemption.7.  Information made exempt under this paragraph may be disclosed pursuant to s.28.2221 to a title insurer authorized pursuant to s.624.401 and its affiliates as defined in s.624.10; a title insurance agent or title insurance agency as defined in s.626.841(1) or (2), respectively; or an attorney duly admitted to practice law in this state and in good standing with The Florida Bar.8.  The exempt status of a home address contained in the Official Records is maintained only during the period when a protected party resides at the dwelling location.

  1. Upon conveyance of real property after October 1, 2021, and when such real property no longer constitutes a protected party’s home address as defined in sub-subparagraph 1.a., the protected party must submit a written request to release the removed information to the county recorder.
  2. The written request to release the removed information must be notarized, must confirm that a protected party’s request for release is pursuant to a conveyance of his or her dwelling location, and must specify the Official Records book and page, instrument number, or clerk’s file number for each document containing the information to be released.9.  Upon the death of a protected party as verified by a certified copy of a death certificate or court order, any party can request the county recorder to release a protected decedent’s removed information unless there is a related request on file with the county recorder for continued removal of the decedent’s information or unless such removal is otherwise prohibited by statute or by court order.

The written request to release the removed information upon the death of a protected party must attach the certified copy of a death certificate or court order and must be notarized, must confirm the request for release is due to the death of a protected party, and must specify the Official Records book and page number, instrument number, or clerk’s file number for each document containing the information to be released.

A fee may not be charged for the release of any document pursuant to such request.10.  This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.

(e)1.  As used in this paragraph, the term “law enforcement geolocation information” means information collected using a global positioning system or another mapping, locational, or directional information system that allows tracking of the location or movement of a law enforcement officer or a law enforcement vehicle.2.  Law enforcement geolocation information held by a law enforcement agency is exempt from s.119.07(1) and s.24(a), Art.

  • I of the State Constitution.
  • This exemption applies to such information held by an agency before, on, or after the effective date of the exemption.
  • This exemption does not apply to uniform traffic citations, crash reports, homicide reports, arrest reports, incident reports, or any other official reports issued by an agency which contain law enforcement geolocation information.3.  A law enforcement agency shall disclose law enforcement geolocation information in the following instances: a.  Upon a request from a state or federal law enforcement agency; b.  When a person files a petition with the circuit court in the jurisdiction where the agency having custody of the requested law enforcement geolocation information is located specifying the reasons for requesting such information and the court, upon a showing of good cause, issues an order authorizing the release of the law enforcement geolocation information.

In all cases in which the court releases law enforcement geolocation information under this sub-subparagraph, such information must be viewed or copied under the direct supervision of the custodian of the record or his or her designee; or c.  When law enforcement geolocation information is requested for use in a criminal, civil, or administrative proceeding.

This sub-subparagraph does not prohibit a court in such a criminal, civil, or administrative proceeding, upon a showing of good cause, from restricting or otherwise controlling the disclosure of such information.4.  This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.

(5)  OTHER PERSONAL INFORMATION. — (a)1.a.  The Legislature acknowledges that the social security number was never intended to be used for business purposes but was intended to be used solely for the administration of the federal Social Security System.

The Legislature is further aware that over time this unique numeric identifier has been used extensively for identity verification purposes and other legitimate consensual purposes.b.  The Legislature recognizes that the social security number can be used as a tool to perpetuate fraud against an individual and to acquire sensitive personal, financial, medical, and familial information, the release of which could cause great financial or personal harm to an individual.c.  The Legislature intends to monitor the use of social security numbers held by agencies in order to maintain a balanced public policy.2.a.  An agency may not collect an individual’s social security number unless the agency has stated in writing the purpose for its collection and unless it is: (I)  Specifically authorized by law to do so; or (II)  Imperative for the performance of that agency’s duties and responsibilities as prescribed by law.b.  An agency shall identify in writing the specific federal or state law governing the collection, use, or release of social security numbers for each purpose for which the agency collects the social security number, including any authorized exceptions that apply to such collection, use, or release.

Each agency shall ensure that the collection, use, or release of social security numbers complies with the specific applicable federal or state law.c.  Social security numbers collected by an agency may not be used by that agency for any purpose other than the purpose provided in the written statement.3.  An agency collecting an individual’s social security number shall provide that individual with a copy of the written statement required in subparagraph 2.

  • The written statement also shall state whether collection of the individual’s social security number is authorized or mandatory under federal or state law.4.  Each agency shall review whether its collection of social security numbers is in compliance with subparagraph 2.
  • If the agency determines that collection of a social security number is not in compliance with subparagraph 2., the agency shall immediately discontinue the collection of social security numbers for that purpose.5.  Social security numbers held by an agency are confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. This exemption applies to social security numbers held by an agency before, on, or after the effective date of this exemption. This exemption does not supersede any federal law prohibiting the release of social security numbers or any other applicable public records exemption for social security numbers existing prior to May 13, 2002, or created thereafter.6.  Social security numbers held by an agency may be disclosed if any of the following apply: a.  The disclosure of the social security number is expressly required by federal or state law or a court order.b.  The disclosure of the social security number is necessary for the receiving agency or governmental entity to perform its duties and responsibilities.c.  The individual expressly consents in writing to the disclosure of his or her social security number.d.  The disclosure of the social security number is made to comply with the USA Patriot Act of 2001, Pub.L.

No.107-56, or Presidential Executive Order 13224.e.  The disclosure of the social security number is made to a commercial entity for the permissible uses set forth in the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss.2721 et seq.; the Fair Credit Reporting Act, 15 U.S.C. ss.1681 et seq.; or the Financial Services Modernization Act of 1999, 15 U.S.C.

ss.6801 et seq., provided that the authorized commercial entity complies with the requirements of this paragraph.f.  The disclosure of the social security number is for the purpose of the administration of health benefits for an agency employee or his or her dependents.g.  The disclosure of the social security number is for the purpose of the administration of a pension fund administered for the agency employee’s retirement fund, deferred compensation plan, or defined contribution plan.h.  The disclosure of the social security number is for the purpose of the administration of the Uniform Commercial Code by the office of the Secretary of State.7.a.  For purposes of this subsection, the term: (I)  “Commercial activity” means the permissible uses set forth in the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C.

Ss.2721 et seq.; the Fair Credit Reporting Act, 15 U.S.C. ss.1681 et seq.; or the Financial Services Modernization Act of 1999, 15 U.S.C. ss.6801 et seq., or verification of the accuracy of personal information received by a commercial entity in the normal course of its business, including identification or prevention of fraud or matching, verifying, or retrieving information.

It does not include the display or bulk sale of social security numbers to the public or the distribution of such numbers to any customer that is not identifiable by the commercial entity. (II)  “Commercial entity” means any corporation, partnership, limited partnership, proprietorship, sole proprietorship, firm, enterprise, franchise, or association that performs a commercial activity in this state.b.  An agency may not deny a commercial entity engaged in the performance of a commercial activity access to social security numbers, provided the social security numbers will be used only in the performance of a commercial activity and provided the commercial entity makes a written request for the social security numbers.

The written request must: (I)  Be verified as provided in s.92.525; (II)  Be legibly signed by an authorized officer, employee, or agent of the commercial entity; (III)  Contain the commercial entity’s name, business mailing and location addresses, and business telephone number; and (IV)  Contain a statement of the specific purposes for which it needs the social security numbers and how the social security numbers will be used in the performance of a commercial activity, including the identification of any specific federal or state law that permits such use.c.  An agency may request any other information reasonably necessary to verify the identity of a commercial entity requesting the social security numbers and the specific purposes for which the numbers will be used.8.a.  Any person who makes a false representation in order to obtain a social security number pursuant to this paragraph, or any person who willfully and knowingly violates this paragraph, commits a felony of the third degree, punishable as provided in s.775.082 or s.775.083.b.  Any public officer who violates this paragraph commits a noncriminal infraction, punishable by a fine not exceeding $500 per violation.9.  Any affected person may petition the circuit court for an order directing compliance with this paragraph.

(b)  Bank account numbers and debit, charge, and credit card numbers held by an agency are exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution. This exemption applies to bank account numbers and debit, charge, and credit card numbers held by an agency before, on, or after the effective date of this exemption.

(c)1.  For purposes of this paragraph, the term: a.  “Child” means any person younger than 18 years of age.b.  “Government-sponsored recreation program” means a program for which an agency assumes responsibility for a child participating in that program, including, but not limited to, after-school programs, athletic programs, nature programs, summer camps, or other recreational programs.2.  Information that would identify or locate a child who participates in a government-sponsored recreation program is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.3.  Information that would identify or locate a parent or guardian of a child who participates in a government-sponsored recreation program is exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution.4.  This exemption applies to records held before, on, or after the effective date of this exemption.

(d)  All records supplied by a telecommunications company, as defined by s.364.02, to an agency which contain the name, address, and telephone number of subscribers are confidential and exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution. (e)  Any information provided to an agency for the purpose of forming ridesharing arrangements, which information reveals the identity of an individual who has provided his or her name for ridesharing, as defined in s.341.031, is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. (f)1.  The following information held by the Department of Economic Opportunity, the Florida Housing Finance Corporation, a county, a municipality, or a local housing finance agency is confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution: a.  Medical history records and information related to health or property insurance provided by an applicant for or a participant in a federal, state, or local housing assistance program.b.  Property photographs and personal identifying information of an applicant for or a participant in a federal, state, or local housing assistance program for the purpose of disaster recovery assistance for a presidentially declared disaster.2.  Governmental entities or their agents shall have access to such confidential and exempt records and information for the purpose of auditing federal, state, or local housing programs or housing assistance programs.3.  Such confidential and exempt records and information may be used in any administrative or judicial proceeding, provided such records are kept confidential and exempt unless otherwise ordered by a court.4.  Sub-subparagraph 1.b.

is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2025, unless reviewed and saved from repeal through reenactment by the Legislature. (g)  Biometric identification information held by an agency before, on, or after the effective date of this exemption is exempt from s.119.07(1) and s.24(a), Art.

  • I of the State Constitution.
  • As used in this paragraph, the term “biometric identification information” means: 1.  Any record of friction ridge detail; 2.  Fingerprints; 3.  Palm prints; and 4.  Footprints.
  • H)1.  Personal identifying information of an applicant for or a recipient of paratransit services which is held by an agency is confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.2.  This exemption applies to personal identifying information of an applicant for or a recipient of paratransit services which is held by an agency before, on, or after the effective date of this exemption.3.  Confidential and exempt personal identifying information shall be disclosed: a.  With the express written consent of the applicant or recipient or the legally authorized representative of such applicant or recipient; b.  In a medical emergency, but only to the extent that is necessary to protect the health or life of the applicant or recipient; c.  By court order upon a showing of good cause; or d.  To another agency in the performance of its duties and responsibilities.

(i)1.  For purposes of this paragraph, “identification and location information” means the: a.  Home address, telephone number, and photograph of a current or former United States attorney, assistant United States attorney, judge of the United States Courts of Appeal, United States district judge, or United States magistrate; b.  Home address, telephone number, photograph, and place of employment of the spouse or child of such attorney, judge, or magistrate; and c.  Name and location of the school or day care facility attended by the child of such attorney, judge, or magistrate.2.  Identification and location information held by an agency is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution if such attorney, judge, or magistrate submits to an agency that has custody of the identification and location information: a.  A written request to exempt such information from public disclosure; and b.  A written statement that he or she has made reasonable efforts to protect the identification and location information from being accessible through other means available to the public.

  1. J)  Any information furnished by a person to an agency for the purpose of being provided with emergency notification by the agency is exempt from s.119.07(1) and s.24(a), Art.
  2. I of the State Constitution.
  3. This exemption applies to information held by an agency before, on, or after the effective date of this exemption.

History. — s.4, ch.75-225; ss.2, 3, 4, 6, ch.79-187; s.1, ch.82-95; s.1, ch.83-286; s.5, ch.84-298; s.1, ch.85-18; s.1, ch.85-45; s.1, ch.85-86; s.4, ch.85-301; s.2, ch.86-11; s.1, ch.86-21; s.1, ch.86-109; s.2, ch.88-188; s.1, ch.88-384; s.1, ch.89-80; s.63, ch.90-136; s.4, ch.90-211; s.78, ch.91-45; s.1, ch.91-96; s.1, ch.91-149; s.90, ch.92-152; s.1, ch.93-87; s.2, ch.93-232; s.3, ch.93-404; s.4, ch.93-405; s.1, ch.94-128; s.3, ch.94-130; s.1, ch.94-176; s.1419, ch.95-147; ss.1, 3, ch.95-170; s.4, ch.95-207; s.1, ch.95-320; ss.3, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 18, 20, 25, 29, 31, 32, 33, 34, ch.95-398; s.3, ch.96-178; s.41, ch.96-406; s.18, ch.96-410; s.1, ch.98-9; s.7, ch.98-137; s.1, ch.98-259; s.2, ch.99-201; s.27, ch.2000-164; s.1, ch.2001-249; s.29, ch.2001-261; s.1, ch.2001-361; s.1, ch.2001-364; s.1, ch.2002-67; ss.1, 3, ch.2002-256; s.1, ch.2002-257; ss.2, 3, ch.2002-391; s.11, ch.2003-1; s.1, ch.2003-16; s.1, ch.2003-100; s.1, ch.2003-137; ss.1, 2, ch.2003-157; ss.1, 2, ch.2004-9; ss.1, 2, ch.2004-32; ss.1, 3, ch.2004-95; s.7, ch.2004-335; s.4, ch.2005-213; s.41, ch.2005-236; ss.3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, ch.2005-251; s.14, ch.2006-1; s.1, ch.2006-158; s.1, ch.2006-180; s.1, ch.2006-181; s.1, ch.2006-211; s.1, ch.2006-212; s.13, ch.2006-224; s.1, ch.2006-284; s.1, ch.2006-285; s.1, ch.2007-93; s.1, ch.2007-95; s.1, ch.2007-250; s.1, ch.2007-251; s.1, ch.2008-41; s.2, ch.2008-57; s.1, ch.2008-145; ss.1, 3, ch.2008-234; s.1, ch.2009-104; ss.1, 2, ch.2009-150; s.1, ch.2009-169; ss.1, 2, ch.2009-235; s.1, ch.2009-237; s.1, ch.2010-71; s.1, ch.2010-171; s.1, ch.2011-83; s.1, ch.2011-85; s.1, ch.2011-115; s.1, ch.2011-140; s.48, ch.2011-142; s.1, ch.2011-201; s.1, ch.2011-202; s.1, ch.2012-149; s.1, ch.2012-214; s.1, ch.2012-216; s.1, ch.2013-69; s.119, ch.2013-183; s.1, ch.2013-220; s.1, ch.2013-243; s.1, ch.2013-248; s.1, ch.2014-72; s.1, ch.2014-94; s.1, ch.2014-105; s.1, ch.2014-172; s.1, ch.2015-37; s.1, ch.2015-41; s.1, ch.2015-86; s.1, ch.2015-146; s.1, ch.2016-6; s.1, ch.2016-27; s.1, ch.2016-49; s.1, ch.2016-159; s.1, ch.2016-164; s.1, ch.2016-178; s.1, ch.2016-214; s.2, ch.2017-11; s.1, ch.2017-53; s.1, ch.2017-66; s.1, ch.2017-96; s.1, ch.2017-103; s.1, ch.2018-2; s.1, ch.2018-53; s.1, ch.2018-60; s.1, ch.2018-64; s.1, ch.2018-77; s.8, ch.2018-110; s.1, ch.2018-117; s.1, ch.2018-146; s.1, ch.2018-147; s.26, ch.2019-3; s.1, ch.2019-12; s.1, ch.2019-28; ss.1, 3, ch.2019-46; s.1, ch.2020-13; s.1, ch.2020-34; s.1, ch.2020-170; s.1, ch.2020-183; s.1, ch.2021-48; s.1, ch.2021-52; s.1, ch.2021-105; s.30, ch.2021-170; s.1, ch.2021-182; s.3, ch.2021-215; s.1, ch.2022-88; s.1, ch.2022-107; s.1, ch.2022-172.

Note. — A. Additional exemptions from the application of this section appear in the General Index to the Florida Statutes under the heading “Public Records.” B. Portions former ss.119.07(6), 119.072, and 119.0721; subparagraph (2)(g)1. former s.119.0711(1); paragraph (2)(p) former s.406.136.119.0711  Executive branch agency exemptions from inspection or copying of public records.

— When an agency of the executive branch of state government seeks to acquire real property by purchase or through the exercise of the power of eminent domain, all appraisals, other reports relating to value, offers, and counteroffers must be in writing and are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution until execution of a valid option contract or a written offer to sell that has been conditionally accepted by the agency, at which time the exemption shall expire. The agency shall not finally accept the offer for a period of 30 days in order to allow public review of the transaction.

The agency may give conditional acceptance to any option or offer subject only to final acceptance by the agency after the 30-day review period. If a valid option contract is not executed, or if a written offer to sell is not conditionally accepted by the agency, then the exemption shall expire at the conclusion of the condemnation litigation of the subject property.

  • An agency of the executive branch may exempt title information, including names and addresses of property owners whose property is subject to acquisition by purchase or through the exercise of the power of eminent domain, from s.119.07(1) and s.24(a), Art.
  • I of the State Constitution to the same extent as appraisals, other reports relating to value, offers, and counteroffers.

For the purpose of this subsection, the term “option contract” means an agreement of an agency of the executive branch of state government to purchase real property subject to final agency approval. This subsection has no application to other exemptions from s.119.07(1) which are contained in other provisions of law and shall not be construed to be an express or implied repeal thereof.

  • History. — s.1, ch.85-18; s.1, ch.86-21; s.1, ch.89-29; ss.19, 25, ch.95-398; s.7, ch.2004-335; ss.30, 31, ch.2005-251; s.1, ch.2008-145. Note.
  • A. Additional exemptions from the application of this section appear in the General Index to the Florida Statutes under the heading “Public Records.” B. Former s.119.07(6)(n), (q).119.0712  Executive branch agency-specific exemptions from inspection or copying of public records.

— (1)  DEPARTMENT OF HEALTH. — All personal identifying information contained in records relating to an individual’s personal health or eligibility for health-related services held by the Department of Health is confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution, except as otherwise provided in this subsection. Information made confidential and exempt by this subsection shall be disclosed: (a)  With the express written consent of the individual or the individual’s legally authorized representative. (b)  In a medical emergency, but only to the extent necessary to protect the health or life of the individual.

(c)  By court order upon a showing of good cause. (d)  To a health research entity, if the entity seeks the records or data pursuant to a research protocol approved by the department, maintains the records or data in accordance with the approved protocol, and enters into a purchase and data-use agreement with the department, the fee provisions of which are consistent with s.119.07(4).

The department may deny a request for records or data if the protocol provides for intrusive follow-back contacts, has not been approved by a human studies institutional review board, does not plan for the destruction of confidential records after the research is concluded, is administratively burdensome, or does not have scientific merit.

The agreement must restrict the release of any information that would permit the identification of persons, limit the use of records or data to the approved research protocol, and prohibit any other use of the records or data. Copies of records or data issued pursuant to this paragraph remain the property of the department.

  1. 2)  DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.
  2. A)  For purposes of this subsection, the term “motor vehicle record” means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration, or identification card issued by the Department of Highway Safety and Motor Vehicles.

(b)  Personal information, including highly restricted personal information as defined in 18 U.S.C.s.2725, contained in a motor vehicle record is confidential pursuant to the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. ss.2721 et seq. Such information may be released only as authorized by that act; however, information received pursuant to that act may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers.

(c)  E-mail addresses collected by the Department of Highway Safety and Motor Vehicles pursuant to s.319.40(3), s.320.95(2), or s.322.08(10) are exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution. This exemption applies retroactively. (d)1.  Emergency contact information contained in a motor vehicle record is confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.2.  Without the express consent of the person to whom such emergency contact information applies, the emergency contact information contained in a motor vehicle record may be released only to: a.  Law enforcement agencies for purposes of contacting those listed in the event of an emergency.b.  A receiving facility, hospital, or licensed detoxification or addictions receiving facility pursuant to s.394.463(2)(a) or s.397.6772(1)(a) for the sole purpose of informing a patient’s emergency contacts of the patient’s whereabouts.

  1. E)  Any person who uses or releases any information contained in the Driver and Vehicle Information Database for a purpose not specifically authorized by law commits a noncriminal infraction, punishable by a fine not exceeding $2,000.
  2. F)1.  Secure login credentials held by the Department of Highway Safety and Motor Vehicles are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. This exemption applies to secure login credentials held by the department before, on, or after the effective date of the exemption. For purposes of this subparagraph, the term “secure login credentials” means information held by the department for purposes of authenticating a user logging into a user account on a computer, a computer system, a computer network, or an electronic device; an online user account accessible over the Internet, whether through a mobile device, a website, or any other electronic means; or information used for authentication or password recovery.2.  Internet protocol addresses, geolocation data, and other information held by the Department of Highway Safety and Motor Vehicles which describes the location, computer, computer system, or computer network from which a user accesses a public-facing portal, and the dates and times that a user accesses a public-facing portal, are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. This exemption applies to such information held by the department before, on, or after the effective date of the exemption. For purposes of this subparagraph, the term “public-facing portal” means a web portal or computer application accessible by the public over the Internet, whether through a mobile device, website, or other electronic means, which is established for administering chapter 319, chapter 320, chapter 322, chapter 328, or any other provision of law conferring duties upon the department.3.  This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature.

(3)  OFFICE OF FINANCIAL REGULATION. — The following information held by the Office of Financial Regulation before, on, or after July 1, 2011, is confidential and exempt from s.119.07(1) and s.24(a), Art. I of the State Constitution: (a)  Any information received from another state or federal regulatory, administrative, or criminal justice agency that is otherwise confidential or exempt pursuant to the laws of that state or pursuant to federal law.

B)  Any information that is received or developed by the office as part of a joint or multiagency examination or investigation with another state or federal regulatory, administrative, or criminal justice agency. The office may obtain and use the information in accordance with the conditions imposed by the joint or multiagency agreement.

This exemption does not apply to information obtained or developed by the office that would otherwise be available for public inspection if the office had conducted an independent examination or investigation under Florida law. (4)  DEPARTMENT OF MILITARY AFFAIRS.

— Information held by the Department of Military Affairs that is stored in a United States Department of Defense system of records, transmitted using a United States Department of Defense network or communications device, or pertaining to the United States Department of Defense, pursuant to 10 U.S.C.s.394, is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. Any information not made exempt by this subsection may be disclosed only after the department makes any redactions in accordance with applicable federal and state laws. This exemption applies to information made exempt by this subsection which is held by the department before, on, or after the effective date of the exemption.

This subsection is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature. History. — s.1, ch.97-185; s.1, ch.2001-108; ss.1, 2, ch.2004-62; s.7, ch.2004-335; ss.32, 33, ch.2005-251; s.1, ch.2006-199; s.1, ch.2007-94; ss.1, 2, ch.2009-153; s.1, ch.2011-88; s.7, ch.2013-18; s.1, ch.2015-32; s.9, ch.2016-10; s.1, ch.2016-28; s.1, ch.2020-48; s.1, ch.2021-86; s.1, ch.2021-129; s.1, ch.2021-236; s.1, ch.2022-36.

Note. — A. Additional exemptions from the application of this section appear in the General Index to the Florida Statutes under the heading “Public Records.” B. Former s.119.07(6)(aa), (cc).119.0713  Local government agency exemptions from inspection or copying of public records.

— (1)  All complaints and other records in the custody of any unit of local government which relate to a complaint of discrimination relating to race, color, religion, sex, national origin, age, handicap, marital status, sale or rental of housing, the provision of brokerage services, or the financing of housing are exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution until a finding is made relating to probable cause, the investigation of the complaint becomes inactive, or the complaint or other record is made part of the official record of any hearing or court proceeding. This provision does not affect any function or activity of the Florida Commission on Human Relations.

  1. Any state or federal agency that is authorized to access such complaints or records by any provision of law shall be granted such access in the furtherance of such agency’s statutory duties.
  2. This subsection does not modify or repeal any special or local act.
  3. 2)(a)  As used in this subsection, the term “unit of local government” means a county, municipality, special district, local agency, authority, consolidated city-county government, or any other local governmental body or public body corporate or politic authorized or created by general or special law.

(b)  The audit report of an internal auditor and the investigative report of the inspector general prepared for or on behalf of a unit of local government becomes a public record when the audit or investigation becomes final. An audit or investigation becomes final when the audit report or investigative report is presented to the unit of local government.

  1. Audit workpapers and notes related to such audit and information received, produced, or derived from an investigation are confidential and exempt from s.119.07(1) and s.24(a), Art.
  2. I of the State Constitution until the audit or investigation is complete and the audit report becomes final or when the investigation is no longer active.

An investigation is active if it is continuing with a reasonable, good faith anticipation of resolution and with reasonable dispatch. (3)  Any data, record, or document used directly or solely by a municipally owned utility to prepare and submit a bid relative to the sale, distribution, or use of any service, commodity, or tangible personal property to any customer or prospective customer is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. This exemption commences when a municipal utility identifies in writing a specific bid to which it intends to respond. This exemption no longer applies after the contract for sale, distribution, or use of the service, commodity, or tangible personal property is executed, a decision is made not to execute such contract, or the project is no longer under active consideration.

The exemption in this subsection includes the bid documents actually furnished in response to the request for bids. However, the exemption for the bid documents submitted no longer applies after the bids are opened by the customer or prospective customer.

(4)(a)  Proprietary confidential business information means information, regardless of form or characteristics, which is held by an electric utility that is subject to this chapter, is intended to be and is treated by the entity that provided the information to the electric utility as private in that the disclosure of the information would cause harm to the entity providing the information or its business operations, and has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or a private agreement that provides that the information will not be released to the public.

Proprietary confidential business information includes: 1.  Trade secrets, as defined in s.688.002.2.  Internal auditing controls and reports of internal auditors.3.  Security measures, systems, or procedures.4.  Information concerning bids or other contractual data, the disclosure of which would impair the efforts of the electric utility to contract for goods or services on favorable terms.5.  Information relating to competitive interests, the disclosure of which would impair the competitive business of the provider of the information.

B)  Proprietary confidential business information held by an electric utility that is subject to this chapter in conjunction with a due diligence review of an electric project as defined in s.163.01(3)(d) or a project to improve the delivery, cost, or diversification of fuel or renewable energy resources is confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. (c)  All proprietary confidential business information described in paragraph (b) shall be retained for 1 year after the due diligence review has been completed and the electric utility has decided whether or not to participate in the project.

  1. 5)(a)  The following information held by a utility owned or operated by a unit of local government is exempt from s.119.07(1) and s.24(a), Art.
  2. I of the State Constitution: 1.  Information related to the security of the technology, processes, or practices of a utility owned or operated by a unit of local government that are designed to protect the utility’s networks, computers, programs, and data from attack, damage, or unauthorized access, which information, if disclosed, would facilitate the alteration, disclosure, or destruction of such data or information technology resources.2.  Information related to the security of existing or proposed information technology systems or industrial control technology systems of a utility owned or operated by a unit of local government, which, if disclosed, would facilitate unauthorized access to, and alteration or destruction of, such systems in a manner that would adversely impact the safe and reliable operation of the systems and the utility.3.  Customer meter-derived data and billing information in increments less than one billing cycle.

(b)  This exemption applies to such information held by a utility owned or operated by a unit of local government before, on, or after the effective date of this exemption. (c)  This subsection is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.

  1. History. — s.1, ch.86-21; s.24, ch.95-398; s.1, ch.95-399; s.1, ch.96-230; s.1, ch.2001-87; ss.1, 2, ch.2003-110; s.7, ch.2004-335; ss.34, 35, 36, ch.2005-251; ss.3, 5, ch.2008-57; s.1, ch.2011-87; s.1, ch.2013-143; s.1, ch.2016-47; s.2, ch.2016-95; s.1, ch.2018-120; s.1, ch.2019-38. Note.
  2. A. Additional exemptions from the application of this section appear in the General Index to the Florida Statutes under the heading “Public Records.” B. Former s.119.07(6)(p), (y), (z), (hh).119.0714  Court files; court records; official records.

— (1)  COURT FILES. — Nothing in this chapter shall be construed to exempt from s.119.07(1) a public record that was made a part of a court file and that is not specifically closed by order of court, except: (a)  A public record that was prepared by an agency attorney or prepared at the attorney’s express direction as provided in s.119.071(1)(d).

  1. B)  Data processing software as provided in s.119.071(1)(f).
  2. C)  Any information revealing surveillance techniques or procedures or personnel as provided in s.119.071(2)(d).
  3. D)  Any comprehensive inventory of state and local law enforcement resources, and any comprehensive policies or plans compiled by a criminal justice agency, as provided in s.119.071(2)(d).

(e)  Any information revealing the substance of a confession of a person arrested as provided in s.119.071(2)(e). (f)  Any information revealing the identity of a confidential informant or confidential source as provided in s.119.071(2)(f). (g)  Any information revealing undercover personnel of any criminal justice agency as provided in s.119.071(4)(c).

H)  Criminal intelligence information or criminal investigative information that is confidential and exempt as provided in s.119.071(2)(h) or (m). (i)  Social security numbers as provided in s.119.071(5)(a). (j)  Bank account numbers and debit, charge, and credit card numbers as provided in s.119.071(5)(b).

(k)1.  A petition, and the contents thereof, for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking that is dismissed without a hearing, dismissed at an ex parte hearing due to failure to state a claim or lack of jurisdiction, or dismissed for any reason having to do with the sufficiency of the petition itself without an injunction being issued on or after July 1, 2017, is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution.2.  A petition, and the contents thereof, for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking that is dismissed without a hearing, dismissed at an ex parte hearing due to failure to state a claim or lack of jurisdiction, or dismissed for any reason having to do with the sufficiency of the petition itself without an injunction being issued before July 1, 2017, is exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution only upon request by an individual named in the petition as a respondent. The request must be in the form of a signed, legibly written request specifying the case name, case number, document heading, and page number. The request must be delivered by mail, facsimile, or electronic transmission or in person to the clerk of the court.

A fee may not be charged for such request.3.  Any information that can be used to identify a petitioner or respondent in a petition for an injunction against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking, and any affidavits, notice of hearing, and temporary injunction, is confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution until the respondent has been personally served with a copy of the petition for injunction, affidavits, notice of hearing, and temporary injunction. (l)  Personal identifying information and annuity contract numbers of a payee of a structured settlement as defined in s.626.99296(2) and the names of family members, dependents, and beneficiaries of such payee contained within a court file relating to a proceeding for the approval of the transfer of structured settlement payment rights under s.626.99296.

  • Such information shall remain exempt from s.119.07(1) and s.24(a), Art.
  • I of the State Constitution during the pendency of the transfer proceeding and for 6 months after the final court order approving, or not approving, the transferee’s application.
  • This paragraph is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.

(2)  COURT RECORDS. — (a)  Until January 1, 2012, if a social security number or a bank account, debit, charge, or credit card number is included in a court file, such number may be included as part of the court record available for public inspection and copying unless redaction is requested by the holder of such number or by the holder’s attorney or legal guardian.

  • B)  A request for redaction must be a signed, legibly written request specifying the case name, case number, document heading, and page number.
  • The request must be delivered by mail, facsimile, electronic transmission, or in person to the clerk of the court.
  • The clerk of the court does not have a duty to inquire beyond the written request to verify the identity of a person requesting redaction.

(c)  A fee may not be charged for the redaction of a social security number or a bank account, debit, charge, or credit card number pursuant to such request. (d)  The clerk of the court has no liability for the inadvertent release of social security numbers, or bank account, debit, charge, or credit card numbers, unknown to the clerk of the court in court records filed on or before January 1, 2012.

E)1.  The clerk of the court must keep social security numbers confidential and exempt as provided for in s.119.071(5)(a), and bank account, debit, charge, and credit card numbers exempt as provided for in s.119.071(5)(b), without any person having to request redaction.2.  Section 119.071(5)(a)7. and 8.

does not apply to the clerks of the court with respect to court records. (f)  A request for maintenance of a public records exemption in s.119.071(4)(d)2. made pursuant to s.119.071(4)(d)3. must specify the document type, name, identification number, and page number of the court record that contains the exempt information.

G)  The clerk of the court is not liable for the release of information that is required by the Florida Rules of Judicial Administration to be identified by the filer as confidential if the filer fails to make the required identification of the confidential information to the clerk of the court. (3)  OFFICIAL RECORDS.

— A person who prepares or files a record for recording in the official records as provided in chapter 28 may not include in that record a social security number or a bank account, debit, charge, or credit card number unless otherwise expressly required by law.

(a)  If a social security number or a bank account, debit, charge, or credit card number is included in an official record, such number may be made available as part of the official records available for public inspection and copying unless redaction is requested by the holder of such number or by the holder’s attorney or legal guardian.1.  If such record is in electronic format, on January 1, 2011, and thereafter, the county recorder must use his or her best effort, as provided in paragraph (d), to keep social security numbers confidential and exempt as provided for in s.119.071(5)(a), and to keep complete bank account, debit, charge, and credit card numbers exempt as provided for in s.119.071(5)(b), without any person having to request redaction.2.  Section 119.071(5)(a)7.

and 8. does not apply to the county recorder with respect to official records. (b)  The holder of a social security number or a bank account, debit, charge, or credit card number, or the holder’s attorney or legal guardian, may request that a county recorder redact from an image or copy of an official record placed on a county recorder’s publicly available Internet website or on a publicly available Internet website used by a county recorder to display public records, or otherwise made electronically available to the public, his or her social security number or bank account, debit, charge, or credit card number contained in that official record.1.  A request for redaction must be a signed, legibly written request and must be delivered by mail, facsimile, electronic transmission, or in person to the county recorder.

The request must specify the identification page number of the record that contains the number to be redacted.2.  The county recorder does not have a duty to inquire beyond the written request to verify the identity of a person requesting redaction.3.  A fee may not be charged for redacting a social security number or a bank account, debit, charge, or credit card number.

(c)  A county recorder shall immediately and conspicuously post signs throughout his or her offices for public viewing, and shall immediately and conspicuously post on any Internet website or remote electronic site made available by the county recorder and used for the ordering or display of official records or images or copies of official records, a notice stating, in substantially similar form, the following: 1.  On or after October 1, 2002, any person preparing or filing a record for recordation in the official records may not include a social security number or a bank account, debit, charge, or credit card number in such document unless required by law.2.  Any person has a right to request a county recorder to remove from an image or copy of an official record placed on a county recorder’s publicly available Internet website or on a publicly available Internet website used by a county recorder to display public records, or otherwise made electronically available to the general public, any social security number contained in an official record.

  1. Such request must be made in writing and delivered by mail, facsimile, or electronic transmission, or delivered in person, to the county recorder.
  2. The request must specify the identification page number that contains the social security number to be redacted.
  3. A fee may not be charged for the redaction of a social security number pursuant to such a request.

(d)  If the county recorder accepts or stores official records in an electronic format, the county recorder must use his or her best efforts to redact all social security numbers and bank account, debit, charge, or credit card numbers from electronic copies of the official record.

  1. The use of an automated program for redaction is deemed to be the best effort in performing the redaction and is deemed in compliance with the requirements of this subsection.
  2. E)  The county recorder is not liable for the inadvertent release of social security numbers, or bank account, debit, charge, or credit card numbers, filed with the county recorder.

(f)  A request for maintenance of a public records exemption in s.119.071(4)(d)2. made pursuant to s.119.071(4)(d)3. must specify the document type, name, identification number, and page number of the official record that contains the exempt information.

History. — s.2, ch.79-187; s.1, ch.83-286; s.5, ch.84-298; s.1, ch.85-86; s.1, ch.86-109; s.2, ch.88-188; s.26, ch.90-344; s.36, ch.95-398; s.7, ch.2004-335; s.2, ch.2005-251; s.2, ch.2007-251; s.5, ch.2008-234; s.2, ch.2009-237; s.23, ch.2010-162; s.4, ch.2011-83; s.7, ch.2013-109; s.3, ch.2017-11; s.1, ch.2017-14; s.1, ch.2017-133; s.1, ch.2019-39; s.1, ch.2022-125.

Note. — Subsection (1) former s.119.07(6).119.0715  Trade secrets held by an agency. — (1)  DEFINITION. — “Trade secret” has the same meaning as in s.688.002. (2)  PUBLIC RECORD EXEMPTION. — A trade secret held by an agency is confidential and exempt from s.119.07(1) and s.24(a), Art.

  • I of the State Constitution.
  • 3)  AGENCY ACCESS.
  • An agency may disclose a trade secret to an officer or employee of another agency or governmental entity whose use of the trade secret is within the scope of his or her lawful duties and responsibilities.
  • 4)  LIABILITY.
  • An agency employee who, while acting in good faith and in the performance of his or her duties, releases a record containing a trade secret pursuant to this chapter is not liable, civilly or criminally, for such release.

(5)  OPEN GOVERNMENT SUNSET REVIEW. — This section is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature.

  • History. — s.1, ch.2021-223.119.0725  Agency cybersecurity information; public records exemption; public meetings exemption.
  • 1)  As used in this section, the term: (a)  “Breach” means unauthorized access of data in electronic form containing personal information.
  • Good faith access of personal information by an employee or agent of an agency does not constitute a breach, provided that the information is not used for a purpose unrelated to the business or subject to further unauthorized use.

(b)  “Critical infrastructure” means existing and proposed information technology and operational technology systems and assets, whether physical or virtual, the incapacity or destruction of which would negatively affect security, economic security, public health, or public safety.

(c)  “Cybersecurity” has the same meaning as in s.282.0041. (d)  “Data” has the same meaning as in s.282.0041. (e)  “Incident” means a violation or imminent threat of violation, whether such violation is accidental or deliberate, of information technology resources, security, policies, or practices. As used in this paragraph, the term “imminent threat of violation” means a situation in which the agency has a factual basis for believing that a specific incident is about to occur.

(f)  “Information technology” has the same meaning as in s.282.0041. (g)  “Operational technology” means the hardware and software that cause or detect a change through the direct monitoring or control of physical devices, systems, processes, or events.

  • 2)  The following information held by an agency is confidential and exempt from s.119.07(1) and s.24(a), Art.
  • I of the State Constitution: (a)  Coverage limits and deductible or self-insurance amounts of insurance or other risk mitigation coverages acquired for the protection of information technology systems, operational technology systems, or data of an agency.

(b)  Information relating to critical infrastructure. (c)  Cybersecurity incident information reported pursuant to s.282.318 or s.282.3185. (d)  Network schematics, hardware and software configurations, or encryption information or information that identifies detection, investigation, or response practices for suspected or confirmed cybersecurity incidents, including suspected or confirmed breaches, if the disclosure of such information would facilitate unauthorized access to or unauthorized modification, disclosure, or destruction of: 1.  Data or information, whether physical or virtual; or 2.  Information technology resources, which include an agency’s existing or proposed information technology systems.

  1. 3)  Any portion of a meeting that would reveal information made confidential and exempt under subsection (2) is exempt from s.286.011 and s.24(b), Art.
  2. I of the State Constitution.
  3. An exempt portion of a meeting may not be off the record and must be recorded and transcribed.
  4. The recording and transcript are confidential and exempt from s.119.07(1) and s.24(a), Art.

I of the State Constitution. (4)  The public records exemptions contained in this section apply to information held by an agency before, on, or after July 1, 2022. (5)(a)  Information made confidential and exempt pursuant to this section shall be made available to a law enforcement agency, the Auditor General, the Cybercrime Office of the Department of Law Enforcement, the Florida Digital Service within the Department of Management Services, and, for agencies under the jurisdiction of the Governor, the Chief Inspector General.

  1. B)  Such confidential and exempt information may be disclosed by an agency in the furtherance of its official duties and responsibilities or to another agency or governmental entity in the furtherance of its statutory duties and responsibilities.
  2. 6)  Agencies may report information about cybersecurity incidents in the aggregate.

(7)  This section is subject to the Open Government Sunset Review Act in accordance with s.119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature. History. — s.1, ch.2022-221.119.084  Copyright of data processing software created by governmental agencies; sale price and licensing fee.

— (1)  As used in this section, “agency” has the same meaning as in s.119.011(2), except that the term does not include any private agency, person, partnership, corporation, or business entity. (2)  An agency is authorized to acquire and hold a copyright for data processing software created by the agency and to enforce its rights pertaining to such copyright, provided that the agency complies with the requirements of this subsection.

(a)  An agency that has acquired a copyright for data processing software created by the agency may sell or license the copyrighted data processing software to any public agency or private person. The agency may establish a price for the sale and a licensing fee for the use of such data processing software that may be based on market considerations.

  1. However, the prices or fees for the sale or licensing of copyrighted data processing software to an individual or entity solely for application to information maintained or generated by the agency that created the copyrighted data processing software shall be determined pursuant to s.119.07(4).
  2. B)  Proceeds from the sale or licensing of copyrighted data processing software shall be deposited by the agency into a trust fund for the agency’s appropriate use for authorized purposes.

Counties, municipalities, and other political subdivisions of the state may designate how such sale and licensing proceeds are to be used. (c)  The provisions of this subsection are supplemental to, and shall not supplant or repeal, any other provision of law that authorizes an agency to acquire and hold copyrights.

History. — s.1, ch.2001-251; s.9, ch.2004-335; s.1, ch.2006-286.119.092  Registration by federal employer’s registration number. — Each state agency which registers or licenses corporations, partnerships, or other business entities shall include, within its numbering system, the federal employer’s identification number of each corporation, partnership, or other business entity registered or licensed by it.

Any state agency may maintain a dual numbering system in which the federal employer’s identification number or the state agency’s own number is the primary identification number; however, the records of such state agency shall be designed in such a way that the record of any business entity is subject to direct location by the federal employer’s identification number.

The Department of State shall keep a registry of federal employer’s identification numbers of all business entities, registered with the Division of Corporations, which registry of numbers may be used by all state agencies. History. — s.1, ch.77-148; s.9, ch.2018-110.119.10  Violation of chapter; penalties.

— (1)  Any public officer who: (a)  Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500. (b)  Knowingly violates the provisions of s.119.07(1) is subject to suspension and removal or impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided in s.775.082 or s.775.083.

2)  Any person who willfully and knowingly violates: (a)  Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as provided in s.775.082 or s.775.083. (b)  Section 119.105 commits a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084.

History. — s.10, ch.67-125; s.74, ch.71-136; s.5, ch.85-301; s.2, ch.2001-271; s.11, ch.2004-335.119.105  Protection of victims of crimes or accidents. — Police reports are public records except as otherwise made exempt or confidential. Every person is allowed to examine nonexempt or nonconfidential police reports.

A person who comes into possession of exempt or confidential information contained in police reports may not use that information for any commercial solicitation of the victims or relatives of the victims of the reported crimes or accidents and may not knowingly disclose such information to any third party for the purpose of such solicitation during the period of time that information remains exempt or confidential.

This section does not prohibit the publication of such information to the general public by any news media legally entitled to possess that information or the use of such information for any other data collection or analysis purposes by those entitled to possess that information.

History. — s.1, ch.90-280; s.2, ch.2003-411; s.12, ch.2004-335.119.11  Accelerated hearing; immediate compliance. — (1)  Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases. (2)  Whenever a court orders an agency to open its records for inspection in accordance with this chapter, the agency shall comply with such order within 48 hours, unless otherwise provided by the court issuing such order, or unless the appellate court issues a stay order within such 48-hour period.

(3)  A stay order shall not be issued unless the court determines that there is a substantial probability that opening the records for inspection will result in significant damage. (4)  Upon service of a complaint, counterclaim, or cross-claim in a civil action brought to enforce the provisions of this chapter, the custodian of the public record that is the subject matter of such civil action shall not transfer custody, alter, destroy, or otherwise dispose of the public record sought to be inspected and examined, notwithstanding the applicability of an exemption or the assertion that the requested record is not a public record subject to inspection and examination under s.119.07(1), until the court directs otherwise.

The person who has custody of such public record may, however, at any time permit inspection of the requested record as provided in s.119.07(1) and other provisions of law. History. — s.5, ch.75-225; s.2, ch.83-214; s.6, ch.84-298.119.12  Attorney fees. — (1)  If a civil action is filed against an agency to enforce the provisions of this chapter, the court shall assess and award the reasonable costs of enforcement, including reasonable attorney fees, against the responsible agency if the court determines that: (a)  The agency unlawfully refused to permit a public record to be inspected or copied; and (b)  The complainant provided written notice identifying the public record request to the agency’s custodian of public records at least 5 business days before filing the civil action, except as provided under subsection (2).

The notice period begins on the day the written notice of the request is received by the custodian of public records, excluding Saturday, Sunday, and legal holidays, and runs until 5 business days have elapsed. (2)  The complainant is not required to provide written notice of the public record request to the agency’s custodian of public records as provided in paragraph (1)(b) if the agency does not prominently post the contact information for the agency’s custodian of public records in the agency’s primary administrative building in which public records are routinely created, sent, received, maintained, and requested and on the agency’s website, if the agency has a website.

3)  The court shall determine whether the complainant requested to inspect or copy a public record or participated in the civil action for an improper purpose. If the court determines there was an improper purpose, the court may not assess and award the reasonable costs of enforcement, including reasonable attorney fees, to the complainant, and shall assess and award against the complainant and to the agency the reasonable costs, including reasonable attorney fees, incurred by the agency in responding to the civil action.

For purposes of this subsection, the term “improper purpose” means a request to inspect or copy a public record or to participate in the civil action primarily to cause a violation of this chapter or for a frivolous purpose. (4)  This section does not create a private right of action authorizing the award of monetary damages for a person who brings an action to enforce the provisions of this chapter.

Payments by the responsible agency may include only the reasonable costs of enforcement, including reasonable attorney fees, directly attributable to a civil action brought to enforce the provisions of this chapter. History. — s.5, ch.75-225; s.7, ch.84-298; s.13, ch.2004-335; s.1, ch.2017-21.119.15  Legislative review of exemptions from public meeting and public records requirements.

— (1)  This section may be cited as the “Open Government Sunset Review Act.” (2)  This section provides for the review and repeal or reenactment of an exemption from s.24, Art. I of the State Constitution and s.119.07(1) or s.286.011. This act does not apply to an exemption that: (a)  Is required by federal law; or (b)  Applies solely to the Legislature or the State Court System.

(3)  In the 5th year after enactment of a new exemption or substantial amendment of an existing exemption, the exemption shall be repealed on October 2nd of the 5th year, unless the Legislature acts to reenact the exemption. (4)(a)  A law that enacts a new exemption or substantially amends an existing exemption must state that the record or meeting is: 1.  Exempt from s.24, Art.

I of the State Constitution; 2.  Exempt from s.119.07(1) or s.286.011; and 3.  Repealed at the end of 5 years and that the exemption must be reviewed by the Legislature before the scheduled repeal date. (b)  For purposes of this section, an exemption is substantially amended if the amendment expands the scope of the exemption to include more records or information or to include meetings as well as records.

An exemption is not substantially amended if the amendment narrows the scope of the exemption. (c)  This section is not intended to repeal an exemption that has been amended following legislative review before the scheduled repeal of the exemption if the exemption is not substantially amended as a result of the review.

(5)(a)  By June 1 in the year before the repeal of an exemption under this section, the Office of Legislative Services shall certify to the President of the Senate and the Speaker of the House of Representatives the language and statutory citation of each exemption scheduled for repeal the following year.

  1. B)  An exemption that is not identified and certified to the President of the Senate and the Speaker of the House of Representatives is not subject to legislative review and repeal under this section.
  2. If the office fails to certify an exemption that it subsequently determines should have been certified, it shall include the exemption in the following year’s certification after that determination.

(6)(a)  As part of the review process, the Legislature shall consider the following: 1.  What specific records or meetings are affected by the exemption? 2.  Whom does the exemption uniquely affect, as opposed to the general public? 3.  What is the identifiable public purpose or goal of the exemption? 4.  Can the information contained in the records or discussed in the meeting be readily obtained by alternative means? If so, how? 5.  Is the record or meeting protected by another exemption? 6.  Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge? (b)  An exemption may be created, revised, or maintained only if it serves an identifiable public purpose, and the exemption may be no broader than is necessary to meet the public purpose it serves.

An identifiable public purpose is served if the exemption meets one of the following purposes and the Legislature finds that the purpose is sufficiently compelling to override the strong public policy of open government and cannot be accomplished without the exemption: 1.  Allows the state or its political subdivisions to effectively and efficiently administer a governmental program, which administration would be significantly impaired without the exemption; 2.  Protects information of a sensitive personal nature concerning individuals, the release of which information would be defamatory to such individuals or cause unwarranted damage to the good name or reputation of such individuals or would jeopardize the safety of such individuals.

However, in exemptions under this subparagraph, only information that would identify the individuals may be exempted; or 3.  Protects information of a confidential nature concerning entities, including, but not limited to, a formula, pattern, device, combination of devices, or compilation of information which is used to protect or further a business advantage over those who do not know or use it, the disclosure of which information would injure the affected entity in the marketplace.

7)  Records made before the date of a repeal of an exemption under this section may not be made public unless otherwise provided by law. In deciding whether the records shall be made public, the Legislature shall consider whether the damage or loss to persons or entities uniquely affected by the exemption of the type specified in subparagraph (6)(b)2.

or subparagraph (6)(b)3. would occur if the records were made public. (8)  Notwithstanding s.768.28 or any other law, neither the state or its political subdivisions nor any other public body shall be made party to any suit in any court or incur any liability for the repeal or revival and reenactment of an exemption under this section.

Are police reports public records in Florida?

Advisory Legal Opinion – Public records; active police cases PUBLIC RECORDS LAW-APPLICABILITY TO CRIME AND ARREST REPORTS To: Edward B. Knapp, Director of Administration, Pembroke Pines Police Department, Pembroke Pines Prepared by: Percy W. Mallison, Jr., Assistant Attorney General QUESTIONS: 1.

  1. Are police crime and arrest reports which relate to ongoing, active cases exempt from the provisions of the public records law? 2.
  2. Are police crime and arrest reports which relate to inactive cases which have been closed for lack of probable cause or because the victim does not wish to prosecute exempt from the provisions of the Public Records Law? 3.

If requested, must the custodian of a public record which is not exempt from the Public Records Law furnish the requestor with a copy of the public record, or is permitting the inspection of the record all that is required? SUMMARY: Police crime and arrest reports are public records subject to public inspection as provided in s.119.07(1), F.S., and the custodian of public records must supply copies of any public record under his control upon payment of fees as set out in the Public Records Law.

AS TO QUESTIONS 1 and 2: As your first two questions are interrelated, they will be discussed together. Florida has had a Public Records Law since at least 1909. See Ch.5942, 1909, Laws of Florida, providing that “all State, county and municipal records shall at all times be open for a personal inspection of any citizen,” While this statutory language clearly provided that “all” records be open for inspection, the common law has long recognized that public policy considerations necessitate that certain records not be open for public inspection.

Thus, in the case of Lee v. Beach Publishing Co., 173 So.440 (Fla.1937), the Florida Supreme Court quoted the general rule to the effect that “he right of inspection does not extend to all public records or documents, for public policy demands that some of them, although of a public nature, must be kept secret and free from common inspection, such for example as diplomatic correspondence and letters and dispatches in the detective police service or otherwise relating to the apprehension and prosecution of criminals.” 173 So.

at 442. Cf. Petition of Kilgore, 65 So.2d 30 (Fla.1953), and Widener v. Croft, 184 So.2d 444 (4 D.C.A. Fla., 1966). This statement from the Lee case gave birth to what has become known in the common law as the Police Secrets Rule. Generally speaking, that rule recognizes that certain police records are too sensitive to be made public and will therefore be exempt from public inspection.

See Lee, supra, and AGO 057-157. This judicially created exemption has its limitations, however, and has never been used to restrict such police records as crime and arrest reports from being publicly inspected. See, e.g., AGO’s 057-157, 072-168, 076-156, and 077-125.

  • In 1967 the Legislature added s.119.07, F.S., to the Public Records Law.
  • See s.7, Ch.67-125, Laws of Florida.
  • That section effectuates the policy of the law by providing that “very person having custody of public records shall permit them to be inspected and examined at reasonable times and under his supervision by any person,” See s.7(1), Ch.67-125.

This same section of the law went on, however, to exempt certain public records from the inspection provisions by providing that “ll public records which presently and deemed by law to be confidential or which are prohibited from being inspected by the public,

shall be exempt from the provisions of this section.” (Emphasis supplied.) See s.7(2)(1), Ch.67-125. Focusing on the language “deemed by law to be confidential,” the Second District Court of Appeal in the case of Wisher v. News-Press Publishing Co., 310 So.2d 345 (2 D.C.A. Fla., 1975), rev’d., 345 So.2d 646 (Fla.1977), construed this section as exempting from inspection not only those records made confidential by statutory law but also those records deemed confidential or privileged only by judicial decision.

While this decision seemed consistent with previous court cases which had held that some records not exempted from public inspection by a specific provision of statutory law could nevertheless be exempt if it was in the interest of public policy, the Legislature objected to this judicial construction of s.119.07, F.S.

  • Consequently, it amended the law in 1975 by changing the language “deemed by law to be confidential” to read “provided by law to be confidential.” See s.4, Ch.75-225, Laws of Florida.
  • In Wait v.
  • Florida Power and Light Co., 372 So.2d 420 (Fla.1979), the Florida Supreme Court held that this intentional change in language was meant to clarify that the only exemptions to the Public Records Law are those provided by statutory law.

As the court stated, “f the common law privileges are to be included as exemptions, it is up to the legislature, and not this Court, to amend the statute.” 372 So.2d 424. The Wait decision meant, of course, that the continued efficacy of the Police Secrets Rule, with its common-law heritage, was in considerable doubt.

Reacting to this uncertainty, the Legislature amended the Public Records Law during the 1979 session to provide a statutory basis for exempting certain police records from public inspection. See Ch.79-187, Laws of Florida. The 1979 amendment to the Public Records Law expressly exempts from the disclosural provisions of s.119.07(1), F.S., certain records and information in the possession of a criminal justice agency.

Among the records and information so exempted from public inspection are the identity of confidential sources (s.119.07(3)(e)); information concerning surveillance techniques or procedures or personnel (s.119.07(3)(f)); information revealing a criminal justice agency’s undercover personnel (s.119.07(3)(g)); the identity of a victim of a sexual battery or child abuse (s.119.07(3)(h); the personal assets of the victim of a crime which are unrelated to that crime (s.119.07(3)(i)); all criminal intelligence and investigative information received by a criminal justice agency prior to January 25, 1979 (s.119.07(3)(j)); and the home address, telephone number, and photograph of any law enforcement personnel and his spouse and children (s.119.07(3)(k)).

  1. The foregoing information is confidential and not subject to public inspection wherever it may be found.
  2. I would note that s.119.07(2)(a) provides that, when a public record contains some information which is not open to public inspection, the custodian of that record is responsible for deleting or excising only those portions which are confidential and producing the remainder of the record for inspection.

Consequently, should any of the foregoing information be contained in a record which is otherwise open to public inspection, it should be excised from the record; the record then should be held open for inspection. The 1979 amendment also exempts from the disclosural provisions of the Public Records Law active criminal intelligence information and active criminal investigative information.

See s.2, Ch.79-187, Laws of Florida, codified as s.119.07(3)(d), F.S. Criminal intelligence information is defined as “information with respect to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity.” (Emphasis supplied.) Section 119.011(3)(a), F.S.

To be considered “active,” criminal intelligence information must relate to “intelligence gathering conducted with a reasonable, good faith belief that it will lead to detection of ongoing or reasonably anticipated criminal activities.” Section 119.011(3)(d)1.

Criminal investigative information is defined as “information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission, including, but not limited to, information derived from laboratory tests, reports of investigators or informants, or any type of surveillance.” (Emphasis supplied.) Section 119.011(3)(b).

To be considered “active,” such information must relate to “an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future.” Section 119.011(3)(d)2. In addition, criminal intelligence and investigative information is to be considered “active” while directly related to a pending prosecution or appeal.

  • Section 119.011(3)(d).
  • In light of the history of the common-law Police Secrets Rule and the recent amendments to the Public Records Law, you have asked whether police crime and arrest reports, while active or after the cases to which they pertain have been closed, are subject to public inspection or whether they should be considered exempt from the disclosural provisions of the Public Records Law.

I must begin by reiterating what was said earlier to the effect that, even under the common law, crime and arrest reports generally were held to be public records subject to public inspection. In view of this, you are really asking whether the Legislature, in creating a statutory basis for confidentiality of certain police records, intended to extend that confidentiality to crime and arrest reports.

If any uncertainty exists with respect to whether such records should be made available to the public, I am constrained to resolve such doubt in favor of public access. See AGO’s 080-57 and 079-75 and the cases cited therein. The Public Records Law nowhere expressly exempts or refers to “police crime and arrest reports.” The only exemption which could even arguably include such reports is the one found in s.119.07(3)(d), F.S., which relates to active criminal intelligence and investigative information.

It is my view, however, that neither criminal intelligence information nor criminal investigative information includes crime and arrest reports. To begin with, criminal intelligence information, unlike crime and arrest reports, does not relate to any actual crime which has been committed, but rather relates to intelligence information collected generally in an effort to anticipate criminal activity.

  1. Thus, crime and arrest reports, because they clearly relate to specific criminal acts or omissions, could not be considered criminal intelligence information.
  2. Neither, in my opinion, could they be considered criminal investigative information.
  3. This is because, as I conceive of the investigative process, the crime report initiates the investigation while the arrest report is merely the fruit of its labor.

In other words, the criminal investigation is what occurs after the crime report is filed and terminates in the arrest of a suspect. Thus, a report filed before the investigative process actually begins or after it has concluded could not be considered criminal investigative information.

Supporting this view is the explicit statement in s.119.011(3)(c), F.S., that criminal intelligence and investigative information is not to be construed as including such things as the time, date, location, and nature of a reported crime; the name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s.119.07(3)(h); the time, date, and location of the incident and of the arrest; and the crime charged.

I realize that crime and arrest report forms are not standardized, but the specific items mentioned in s.119.011(3)(c) appear to constitute a fairly succinct outline of the type of information which one would expect to find in them. As I am of the view that crime and arrest reports are not exempt from the inspection provisions of the Public Records Law, it is irrelevant whether such reports relate to active, ongoing cases or whether the cases to which they relate have been closed for whatever reason.

Relative to the issue of active or inactive files, it is only active criminal intelligence or investigative information-as defined and delimited by the provisions of s.119.011(3), F.S.-which is exempt from the Public Records Law; and, since crime and arrest reports are to be considered neither criminal intelligence nor criminal investigative information, their status as active or inactive is immaterial.

AS TO QUESTION 3: The Public Records Law expressly requires the custodian of public records to furnish copies or certified copies of any public record under his control upon payment of fees as prescribed by law. See s.119.07(1)(a), F.S. If no fee is prescribed by law, the custodian may charge a fee equal to the actual cost of duplication.

Are police reports confidential in Florida?

Florida law enforcement agencies are authorized by statute to release exempt criminal history information about a criminal offender, unless it is confidential by law. Under Florida public records law, exempt information may be withheld. Confidential information must be withheld.

Which section of the Florida Administrative Code relates to personnel rules?

6C3-10 : PERSONNEL MATTERS – Florida Administrative Rules, Law, Code, Register – FAC, FAR, eRulemaking.

Does Florida have a sunshine law?

Open Government – Frequently Asked Questions The following questions and answers are intended to be used as a reference only – interested parties should refer to the Florida Statutes and applicable case law before drawing legal conclusions.

What is the Sunshine Law? What are the requirements of the Sunshine law? What agencies are covered under the Sunshine Law? Are federal agencies covered by the Sunshine Law? Does the Sunshine Law apply to the Legislature? Does the Sunshine Law apply to members-elect? What qualifies as a meeting? Can a public agency hold closed meetings? Does the law require that a public meeting be audio taped? Can a city restrict a citizen’s right to speak at a meeting? As a private citizen, can I videotape a public meeting? Can a board vote by secret ballot? Can two members of a public board attend social functions together? What is a public record? Can I request public documents over the telephone and do I have to tell why I want them? How much can an agency charge for public documents? Does an agency have to explain why it denies access to public records? When does a document sent to a public agency become a public document? Are public employee personnel records considered public records? Can an agency refuse to allow public records to be inspected or copied if requested to do so by the maker or sender of the documents? Are arrest records public documents? Is an agency required to give out information from public records or produce public records in a particular form as requested by an individual? What agency can prosecute violators? What is the difference between the Sunshine Amendment and the Sunshine Law? How can I find out more about the open meetings and public records laws?

What is the Sunshine Law? Florida’s Government-in-the-Sunshine law provides a right of access to governmental proceedings at both the state and local levels. It applies to any gathering of two or more members of the same board to discuss some matter which will foresee ably come before that board for action. There is also a constitutionally guaranteed right of access. Virtually all state and local collegial public bodies are covered by the open meetings requirements with the exception of the judiciary and the state Legislature which has its own constitutional provision relating to access. What are the requirements of the Sunshine law? The Sunshine law requires that 1) meetings of boards or commissions must be open to the public; 2) reasonable notice of such meetings must be given, and 3) minutes of the meeting must be taken. What agencies are covered under the Sunshine Law? The Government-in-the-Sunshine Law applies to “any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision.” Thus, it applies to public collegial bodies within the state at both the local as well as state level. It applies equally to elected or appointed boards or commissions. Are federal agencies covered by the Sunshine Law? Federal agencies operating in the state do not come under Florida’s Sunshine law. Does the Sunshine Law apply to the Legislature? Florida’s Constitution provides that meetings of the Legislature be open and noticed except those specifically exempted by the Legislature or specifically closed by the Constitution. Each house is responsible through its rules of procedures for interpreting, implementing and enforcing these provisions. Information on the rules governing openness in the Legislature can be obtained from the respective houses. Does the Sunshine Law apply to members-elect? Members-elect of public boards or commissions are covered by the Sunshine law immediately upon their election to public off ice. What qualifies as a meeting? The Sunshine law applies to all discussions or deliberations as well as the formal action taken by a board or commission. The law, in essence, is applicable to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission. There is no requirement that a quorum be present for a meeting to be covered under the law. Can a public agency hold closed meetings? There are a limited number of exemptions which would allow a public agency to close a meeting. These include, but are not limited to, certain discussions with the board’s attorney over pending litigation and portions of collective bargaining sessions. In addition, specific portions of meetings of some agencies (usually state agencies) may be closed when those agencies are making probable cause determinations or considering confidential records. Does the law require that a public meeting be audio taped? There is no requirement under the Sunshine law that tape recordings be made by a public board or commission, but if they are made, they become public records. Can a city restrict a citizen’s right to speak at a meeting? Public agencies are allowed to adopt reasonable rules and regulations which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of the public attending. This includes limiting the amount of time an individual can speak and, when a large number of people attend and wish to speak, requesting that a representative of each side of the issue speak rather than every one present. As a private citizen, can I videotape a public meeting? A public board may not prohibit a citizen from videotaping a public meeting through the use of nondisruptive video recording devices. Can a board vote by secret ballot? The Sunshine law requires that meetings of public boards or commissions be “open to the public at all times.” Thus, use of preassigned numbers, codes or secret ballots would violate the law. Can two members of a public board attend social functions together? Members of a public board are not prohibited under the Sunshine law from meeting together socially, provided that matters which may come before the board are not discussed at such gatherings. What is a public record? The Florida Supreme Court has determined that public records are all materials made or received by an agency in connection with official business which are used to perpetuate, communicate or formalize knowledge. They are not limited to traditional written documents. Tapes, photographs, films and sound recordings are also considered public records subject to inspection unless a statutory exemption exists. Can I request public documents over the telephone and do I have to tell why I want them? Nothing in the public records law requires that a request for public records be in writing or in person, although individuals may wish to make their request in writing to ensure they have an accurate record of what they requested. Unless otherwise exempted, a custodian of public records must honor a request for records, whether it is made in person, over the telephone, or in writing, provided the required fees are paid. In addition, nothing in the law requires the requestor to disclose the reason for the request. How much can an agency charge for public documents? The law provides that the custodian shall furnish a copy of public records upon payment of the fee prescribed by law. If no fee is prescribed, an agency is normally allowed to charge up to 15 cents per one-sided copy for copies that are 14″ x 8 1/2″ or less. A charge of up to $1 per copy may be assessed for a certified copy of a public record. If the nature and volume of the records to be copied requires extensive use of information technology resources or extensive clerical or supervisory assistance, or both, the agency may charge a reasonable service charge based on the actual cost incurred. Does an agency have to explain why it denies access to public records? A custodian of a public record who contends that the record or part of a record is exempt from inspection must state the basis for that exemption, including the statutory citation. Additionally, when asked, the custodian must state in writing the reasons for concluding the record is exempt. When does a document sent to a public agency become a public document? As soon as a document is received by a public agency, it becomes a public record, unless there is a legislatively created exemption which makes it confidential and not subject to disclosure. Are public employee personnel records considered public records? The rule on personnel records is the same as for other public documents, unless the Legislature has specifically exempted an agency’s personnel records or authorized the agency to adopt rules limiting public access to the records, personnel records are open to public inspection. There are, however, numerous statutory exemptions that apply to personnel records. Can an agency refuse to allow public records to be inspected or copied if requested to do so by the maker or sender of the documents? No. To allow the maker or sender of documents to dictate the circumstances under which documents are deemed confidential would permit private parties instead of the Legislature to determine which public records are public and which are not. Are arrest records public documents? Arrest reports prepared by a law enforcement agency after the arrest of a subject are generally considered to be open for public inspection. At the same time, however, certain information such as the identity of a sexual battery victim is exempt. Is an agency required to give out information from public records or produce public records in a particular form as requested by an individual? The Sunshine Law provides for a right of access to inspect and copy existing public records. It does not mandate that the custodian give out information from the records nor does it mandate that an agency create new records to accommodate a request for information. What agency can prosecute violators? The local state attorney has the statutory authority to prosecute alleged criminal violations of the open meetings and public records law. Certain civil remedies are also available. What is the difference between the Sunshine Amendment and the Sunshine Law? The Sunshine Amendment was added to Florida’s Constitution in 1976 and provides for full and public disclosure of the financial interests of all public officers, candidates and employees. The Sunshine Law provides for open meetings for governmental boards How can I find out more about the open meetings and public records laws? Probably the most comprehensive guide to understanding the requirements and exemptions to Florida’s open government laws is the Government-in-the-Sunshine manual compiled by the Attorney General’s Office. The manual is updated each year and is available for purchase through the First Amendment Foundation in Tallahassee. For information on obtaining a copy, contact the First Amendment Foundation at (850) 224-4555,