Florida 2022 Regular Session

Florida House Bill H1171 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 1171 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1171-00
9	9	Page 1 of 4
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to notices of termination and 2
16	16	commencement; amending s. 713.132, F.S.; revising 3
17	17	requirements for a notice of termination; providing an 4
18	18	effective date. 5
19	19	6
20	20	Be It Enacted by the Legislature of the State of Florida: 7
21	21	8
22	22	Section 1. Subsections (1), (3), and (4) of section 9
23	23	713.132, Florida Statutes, are amended to read: 10
24	24	713.132 Notice of termination. — 11
25	25	(1) An owner may terminate the period of effec tiveness of 12
26	26	a notice of commencement by executing, swearing to, and 13
27	27	recording a notice of termination that contains all of the 14
28	28	following: 15
29	29	(a) The same information as the notice of commencement .; 16
30	30	(b) The official records' recording office document book 17
31	31	and page reference numbers and recording date affixed by the 18
32	32	recording office on of the recorded notice of commencement .; 19
33	33	(c) A statement of the date as of which the notice of 20
34	34	commencement is terminated, which date may not be earlier than 21
35	35	30 days after the notice of termination is recorded .; 22
36	36	(d) A statement specifying that the notice applies to all 23
37	37	the real property subject to the notice of commencement or 24
38	38	specifying the portion of such real property to which it 25
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40	40	HB 1171 2022
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1171-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	applies.; 26
52	52	(e) A statement that all lien ors have been paid in full .; 27
53	53	and 28
54	54	(f) A statement that the owner has, before recording the 29
55	55	notice of termination, served a copy of the notice of 30
56	56	termination on the contractor and on each lienor who has a 31
57	57	direct contract with the owner or who has timely served a notice 32
58	58	to owner, and a statement that the owner will serve a copy of 33
59	59	the notice of termination on each lienor who timely serves a 34
60	60	notice to owner after the notice of termination has been 35
61	61	recorded. The owner is not required to serve a copy of the 36
62	62	notice of termination on any lienor who has executed a waiver 37
63	63	and release of lien upon final payment in accordance with s. 38
64	64	713.20. 39
65	65	(3) An owner may not record a notice of termination at any 40
66	66	time after except after completion of construction, or after 41
67	67	construction ceases before completion and all lienors have been 42
68	68	paid in full or pro rata in accordance with s. 713.06(4). 43
69	69	(4) If an owner or a contractor, by fraud or collusion, 44
70	70	knowingly makes any fraudulent statement or affidavit in a 45
71	71	notice of termination o r any accompanying affidavit, the owner 46
72	72	and the contractor, or either of them, as the case may be, is 47
73	73	liable to any lienor who suffers damages as a result of the 48
74	74	filing of the fraudulent notice of termination ,; and any such 49
75	75	lienor has a right of action for damages occasioned thereby. 50
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77	77	HB 1171 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1171-00
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	(5)(4) A notice of termination must be served before 51
89	89	recording on each lienor who has a direct contract with the 52
90	90	owner and on each lienor who has timely and properly served a 53
91	91	notice to owner in accordance with this part befor e the 54
92	92	recording of the notice of termination. A notice of termination 55
93	93	must be recorded in the official records of the county in which 56
94	94	the improvement is located. If properly served before recording 57
95	95	in accordance with this subsection, the notice of terminat ion 58
96	96	terminates the period of effectiveness of the notice of 59
97	97	commencement 30 days after the notice of termination is recorded 60
98	98	in the official records is effective to terminate the notice of 61
99	99	commencement at the later of 30 days after recording of the 62
100	100	notice of termination or a later the date stated in the notice 63
101	101	of termination as the date on which the notice of commencement 64
102	102	is terminated. However, if a lienor who began work under the 65
103	103	notice of commencement before its termination lacks a direct 66
104	104	contract with the owner and timely serves his or her notice to 67
105	105	owner after the notice of termination has been recorded, the 68
106	106	owner must serve a copy of the notice of termination upon such 69
107	107	lienor, and the termination of the notice of commencement as to 70
108	108	that lienor is effec tive 30 days after service of the notice of 71
109	109	termination if the notice of termination has been served 72
110	110	pursuant to paragraph (1)(f) on the contractor and on each 73
111	111	lienor who has a direct contract with the owner or who has 74
112	112	served a notice to owner . 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb1171-00
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	Section 2. This act shall take effect July 1, 2022. 76