Bill Text: FL S1258 | 2019 | Regular Session | Introduced

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Bill Title: Notice of Termination

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-05-03 - Died in Commerce and Tourism [S1258 Detail]

Download: Florida-2019-S1258-Introduced.html

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       Florida Senate - 2019                                    SB 1258
       
       
        
       By Senator Hooper
       
       
       
       
       
       16-01790-19                                           20191258__
    1                        A bill to be entitled                      
    2         An act relating to a notice of termination; amending
    3         s. 713.132, F.S.; revising and providing statements
    4         that must be included in a notice of termination;
    5         revising when a notice of termination may be recorded;
    6         providing requirements for a notice of termination to
    7         be effective; requiring that a notice of termination
    8         be recorded in the public records of the county where
    9         the project is located; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 713.132, Florida Statutes, is amended to
   14  read:
   15         713.132 Notice of termination.—
   16         (1) An owner may terminate the period of effectiveness of a
   17  notice of commencement by executing, swearing to, and recording
   18  a notice of termination that contains:
   19         (a) The same information as the notice of commencement;
   20         (b) The recording office document with the book and page
   21  reference numbers and date of the notice of commencement;
   22         (c) A statement of the date as of which the notice of
   23  commencement is terminated, which date may not be earlier than
   24  30 days after the notice of termination is recorded;
   25         (d) A statement specifying that the notice applies to all
   26  the real property subject to the notice of commencement or
   27  specifying the portion of such real property to which it
   28  applies;
   29         (e) A statement that all lienors have been paid in full;
   30  and
   31         (f) A statement that the owner has, before recording the
   32  notice of termination, served a copy of the notice of
   33  termination on the contractor and on each lienor who has a
   34  direct contract with the owner or who has served a notice to
   35  owner, and a statement that the owner will serve a copy of the
   36  notice of termination on each lienor who timely serves a notice
   37  to owner after the notice of termination has been recorded. The
   38  owner is not required to serve a copy of the notice of
   39  termination on any lienor who has executed a waiver and release
   40  of lien upon final payment in accordance with s. 713.20.
   41         (2) An owner has the right to rely on a contractor’s
   42  affidavit given under s. 713.06(3)(d), except with respect to
   43  lienors who have already given notice, in connection with the
   44  execution, swearing to, and recording of a notice of
   45  termination. However, the notice of termination must be
   46  accompanied by the contractor’s affidavit.
   47         (3) An owner may not record a notice of termination at any
   48  time except after completion of construction, or after
   49  construction ceases before completion and all lienors have been
   50  paid in full or pro rata in accordance with s. 713.06(4).
   51         (4) If an owner or a contractor, by fraud or collusion,
   52  knowingly makes any fraudulent statement or affidavit in a
   53  notice of termination or any accompanying affidavit, the owner
   54  and the contractor, or either of them, as the case may be, is
   55  liable to any lienor who suffers damages as a result of the
   56  filing of the fraudulent notice of termination; and any such
   57  lienor has a right of action for damages occasioned thereby.
   58         (5)(4) A notice of termination is effective after it has
   59  been served on each lienor who has a direct contract with the
   60  owner or who has been timely served a notice to owner before the
   61  recording of the notice of termination. A notice of termination
   62  must be recorded in the public records of the county where the
   63  project is located. The termination of the notice of
   64  commencement is effective 30 days after the notice of
   65  termination is recorded in the public records is effective to
   66  terminate the notice of commencement at the later of 30 days
   67  after recording of the notice of termination or the date stated
   68  in the notice of termination as the date on which the notice of
   69  commencement is terminated. However, if a lienor, who began work
   70  under the notice of commencement before its termination, lacks a
   71  direct contract with the owner and timely serves his or her
   72  notice to owner after the notice of termination has been
   73  recorded, the owner must serve a copy of the notice of
   74  termination upon such lienor, and the termination of the notice
   75  of commencement as to that lienor is effective 30 days after
   76  service of the notice of termination, if the notice of
   77  termination has been served pursuant to paragraph (1)(f) on the
   78  contractor and on each lienor who has a direct contract with the
   79  owner or who has served a notice to owner.
   80         Section 2. This act shall take effect July 1, 2019.