Title: Construction Liens

Summary: Revising requirements relating to the recording of a notice of termination of an improvement to real property, etc.

Full Text:
An act relating to construction liens; amending s. 713.132, F.S.; revising requirements relating to the recording of a notice of termination of an improvement to real property; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (3) of section 713.132, Florida Statutes, is amended to read: 713.132 Notice of termination.  (3) An owner may not record a notice of termination at any time whether or not except after completion of construction,or after construction ceases before completion.However, if the notice is recorded before completion of construction, the notice may be recorded only after the owner has served notice pursuant to paragraph (1)(f) on the contractor and all lienors and the contractor and all lienors giving notice have been paid in full or pro rata in accordance with s. 713.06(4) for all labor, services, and materials provided through the effective date of the notice of termination as provided in subsection (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 cause right of action for damages occasioned thereby.Section 2. This act shall take effect July 1, 2017.