The 1996 amendments to the Florida construction lien law.

Florida Bar JournalVol. 71 Nbr. 1, January 1997

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The 1996 amendments to the Florida construction lien law.

The purpose of this article is to summarize the recent amendments to the Florida Construction Lien Law, F.S. Ch. 713.(1) The amendments became effective October 1, 1996.(2) These changes will have the following effects: 1) they expand the scope of monetary obligations which may be secured by a construction lien; 2) they impose additional obligations upon the governmental authorities which issue building permits to verify that notices of commencement have been recorded; 3) they authorize service of notices by facsimile; and 4) they impose restrictions upon the types of releases of lien and waivers of lien which can be required from lienors as a condition to receiving payment for work performed.(3)

Expanded Scope of Construction Lien

The 1996 amendments to the construction lien law authorize the use of a construction lien to secure amounts due and owing for the improvement of public property for situations which, under prior law, no lien was allowed. Generally, a construction lien may only be imposed upon private property, or that which is not owned by the state or any county, municipality, school board, ...

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