2014 Florida Statutes
TITLE XL
REAL AND PERSONAL PROPERTY
LIENS, GENERALLY
Chapter 713
SECTION 132
Notice of termination.
713.132 Notice of termination.—
(1) An owner may terminate the period of effectiveness of a notice of commencement by executing, swearing to,
and recording a notice of termination that contains:
(a) The same information as the notice of
commencement;
(b) The recording office document book and page reference numbers and date of the notice of commencement;
(c) A statement of the date as of which the notice of commencement is terminated, which date may not be earlier
than 30 days after the notice of termination is recorded;
(d) A statement specifying that the notice applies to all the real property subject to the notice of commencement
or specifying the portion of such real property to which it applies;
(e) A statement that all lienors have been paid in full; and
(f) A statement that the owner has, before recording the notice of termination, served a copy of the notice of
termination on the contractor and on each lienor who has a direct contract with the owner or who has served a notice
to owner. The owner is not required to serve a copy of the notice of termination on any lienor who has executed a
waiver and release of lien upon final payment in accordance with s. 713.20
.
(2) An owner has the right to rely on a contractor’s affidavit given under s. 713.06(3)(d), except with respect to
lienors who have already given notice, in connection with the execution, swearing to, and recording of a notice of
termination. However, the notice of termination must be accompanied by the contractor’s affidavit.
(3) An owner may not record a notice of termination except after completion of construction, or after construction
ceases before completion and all lienors have been paid in full or pro rata in accordance with s. 713.06
(4). If an owner
or a contractor, by fraud or collusion, knowingly makes any fraudulent statement or affidavit in a notice of termination
or any accompanying affidavit, the owner and the contractor, or either of them, as the case may be, is liable to any
lienor who suffers damages as a result of the filing of the fraudulent notice of termination; and any such lienor has a
right of action for damages occasioned thereby.
(4) A notice of termination is effective to terminate the notice of commencement at the later of 30 days after
recording of the notice of termination or the date stated in the notice of termination as the date on which the notice
of commencement is terminated, if the notice of termination has been served pursuant to paragraph (1)(f) on the
contractor and on each lienor who has a direct contract with the owner or who has served a notice to owner.
History.—s. 7, ch. 90-109; s. 5, ch. 92-286; s. 3, ch. 97-219; s. 4, ch. 98-135; s. 7, ch. 2012-211.
Discla
imer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted
for official purposes.
Copyright © 2000- 2015 State of Florida.