Florida Senate - 2017 SB 734
By Senator Powell
1 A bill to be entitled
2 An act relating to construction liens; amending s.
3 713.132, F.S.; revising requirements relating to the
4 recording of a notice of termination of an improvement
5 to real property; providing an effective date.
7 Be It Enacted by the Legislature of the State of Florida:
9 Section 1. Subsection (3) of section 713.132, Florida
10 Statutes, is amended to read:
11 713.132 Notice of termination.—
12 (3) An owner may
not record a notice of termination at any
13 time whether or not except after completion of construction , or
14 after construction ceases before completion. However, if the
15 notice is recorded before completion of construction, the notice
16 may be recorded only after the owner has served notice pursuant
17 to paragraph (1)(f) on the contractor and all lienors and the
18 contractor and all lienors giving notice have been paid in full
19 or pro rata in accordance with s. 713.06(4) for all labor,
20 services, and materials provided through the effective date of
21 the notice of termination as provided in subsection (4). If an
22 owner or a contractor, by fraud or collusion, knowingly makes
23 any fraudulent statement or affidavit in a notice of termination
24 or any accompanying affidavit, the owner and the contractor, or
25 either of them, as the case may be, is liable to any lienor who
26 suffers damages as a result of the filing of the fraudulent
27 notice of termination; and any such lienor has a cause right of
28 action for damages occasioned thereby.
29 Section 2. This act shall take effect July 1, 2017.