Florida Senate - 2017                                     SB 734
       By Senator Powell
       30-00891-17                                            2017734__
    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.