Page 144 - Florida Pest Control Examinations
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State of _____
County of _____ WHITEFLY
Before me, the undersigned notary public, personally appeared
_____, who was duly sworn and says that she or he is (the lienor
herein) (the agent of the lienor herein _____), whose address is
_____; and that in accordance with a contract with _____, lienor
furnished labor, services, or materials consisting of _____ on the
following described real property in _____ County, Florida:
(Legal description of real property)
owned by _____ of a total value of $_____, of which there remains Photo Courtesy of UNIVAR
unpaid $_____, and furnished the first of the items on _____, (year) , and the last of the items
on _____, (year) ; and (if the lien is claimed by one not in privity with the owner) that the
lienor served her or his notice to owner on _____, (year) , by _____; and (if required) that the
lienor served copies of the notice on the contractor on _____, (year) , by _____ and on the
subcontractor, _____, on _____, (year) , by _____.
(Signature)
Sworn to (or affirmed) and subscribed before me this _____ day of _____, (year) , by (name of
person making statement) .
(Signature of Notary Public - State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known _____ OR Produced Identification _____
Type of Identification Produced_______________
However, the negligent inclusion or omission of any information in the claim of lien which has
not prejudiced the owner does not constitute a default that operates to defeat an otherwise
valid lien.
(4)(a) The omission of any of the foregoing details or errors in such claim of lien shall not,
within the discretion of the trial court, prevent the enforcement of such lien as against one who
has not been adversely affected by such omission or error.
(b) Any claim of lien recorded as provided in this part may be amended at any time during the
period allowed for recording such claim of lien, provided that such amendment shall not cause
any person to suffer any detriment by having acted in good faith in reliance upon such claim of
lien as originally recorded. Any amendment of the claim of lien shall be recorded in the same
manner as provided for recording the original claim of lien.
(c) The claim of lien shall be served on the owner. Failure to serve any claim of lien in the
manner provided in s. 713.18 (See page 145) before recording or within 15 days after
recording shall render the claim of lien voidable to the extent that the failure or delay is shown
to have been prejudicial to any person entitled to rely on the service.
(5) The claim of lien may be recorded at any time during the progress of the work or thereafter
but not later than 90 days after the final furnishing of the labor or services or materials by
the lienor; or, with respect to rental equipment, within 90 days after the date that the rental
equipment was last on the job site available for use; provided if the original contractor defaults
or the contract is terminated under s. 713.07(4), no claim for a lien attaching prior to such
default shall be recorded after 90 days from the date of such default or 90 days after the final
performance of labor or services or furnishing of materials, whichever occurs first. The time
period for recording a claim of lien shall be measured from the last day of furnishing labor,
services, or materials by the lienor and shall not be measured by other standards, such as the
issuance of a certificate of occupancy or the issuance of a certificate of substantial completion.
The claim of lien shall be recorded in the clerk’s office. If such real property is situated in two or
more counties, the claim of lien shall be recorded in the clerk’s office in each of such counties.
The recording of the claim of lien shall be constructive notice to all persons of the contents
and effect of such claim. The validity of the lien and the right to record a claim therefor shall
not be affected by the insolvency, bankruptcy, or death of the owner before the claim of lien is
recorded.
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