(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.
Structure Florida Statutes
Title XL - Real and Personal Property
Chapter 713 - Liens, Generally
Part I - Construction Liens (Ss. 713.001-713.37)
713.001 - Short title of part.
713.012 - Written notices, demands, or requests.
713.015 - Mandatory provisions for direct contracts.
713.02 - Types of lienors and exemptions.
713.03 - Liens for professional services.
713.04 - Subdivision improvements.
713.05 - Liens of persons in privity.
713.06 - Liens of persons not in privity; proper payments.
713.09 - Single claim of lien.
713.11 - Liens for improving land in which the contracting party has no interest.
713.13 - Notice of commencement.
713.132 - Notice of termination.
713.135 - Notice of commencement and applicability of lien.
713.14 - Application of money to materials account.
713.15 - Repossession of materials not used.
713.16 - Demand for copy of contract and statements of account; form.
713.165 - Request for list of subcontractors and suppliers.
713.17 - Materials not attachable for debts of purchaser.
713.18 - Manner of serving notices and other instruments.
713.20 - Waiver or release of liens.
713.235 - Waivers of right to claim against payment bond; forms.
713.24 - Transfer of liens to security.
713.245 - Conditional payment bond.
713.25 - Applicability of ch. 65-456.
713.30 - Other actions not barred.
713.31 - Remedies in case of fraud or collusion.
713.32 - Insurance proceeds liable for demands.
713.33 - Disbursing agent and others may rely on owner’s notices.
713.345 - Moneys received for real property improvements; penalty for misapplication.
713.346 - Payment on construction contracts.
713.3471 - Lender responsibilities with construction loans.