Page 144 - Florida Pest Control Examinations
P. 144

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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