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