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Florida Statutes, Title XL

Florida/Statutes

← All Florida coverage

Title XL, Real and Personal Property

28 chapters · 798 sections in this title.

All chapters in Title XL798 Ch 713, Liens, Generally91 Ch 718, Condominiums90 Ch 723, Mobile Home Park Lot Tenancies69 Ch 717, Florida Disposition of Abandoned Per…66 Ch 721, Vacation and Timeshare Plans65 Ch 719, Cooperatives54 Ch 689, Conveyances of Land and Declarations…37 Ch 709, Powers of Attorney and Similar Instr…36 Ch 720, Homeowners' Associations36 Ch 695, Record of Conveyances of Real Estate28 Ch 714, Uniform Commercial Real Estate Recei…28 Ch 710, Transfers to Minors24 Ch 715, Property: General Provisions19 Ch 694, Certain Conveyances Made Valid17

798 sections·Filtered byTitle XL✕

Fla. Stat. § 713.21 Discharge of lien
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A lien properly perfected under 1this chapter may be discharged, or released in whole or in part, by any of the following methods:(1) By entering satisfaction of the lien upon the margin of the record thereof in the clerk’s office when not otherwise prohibited by law. This satisf…
Fla. Stat. § 713.22 Duration of lien
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(1) A lien provided by this part does not continue for a longer period than 1 year after the claim of lien has been recorded or 1 year after the recording of an amended claim of lien that shows a later date of final furnishing of labor, services, or materials, unless within that …
Fla. Stat. § 713.23 Payment bond
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(1)(a) The payment bond required to exempt an owner under this part shall be furnished by the contractor in at least the amount of the original contract price before commencing the construction of the improvement under the direct contract, and a copy of the bond shall be attached…
Fla. Stat. § 713.235 Waivers of right to claim against payment bond; forms
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(1) When a person is required to execute a waiver of his or her right to make a claim against a payment bond provided pursuant to s. 713.23 or s. 713.245, in exchange for, or to induce payment of, a progress payment, the waiver may be in substantially the following form:WAIVER OF…

Showing 301–350 of 798

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Fla. Stat. § 713.24 Transfer of liens to security

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(1) Any lien claimed under this part may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by:(a) Depositing in the clerk’s office a sum o…

Fla. Stat. § 713.245 Conditional payment bond

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(1) Notwithstanding any provisions of ss. 713.23 and 713.24 to the contrary, if the contractor’s written contractual obligation to pay lienors is expressly conditioned upon and limited to the payments made by the owner to the contractor, the duty of the surety to pay lienors will…

Fla. Stat. § 713.26 Redemption and sale

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The right of redemption upon all sales under this part shall exist in favor of the person whose interest is sold and may be exercised in the same manner as is or may be provided for redemption of real property from sales under mortgages.History.—s. 1, ch. 63-135; s. 35, ch. 67-25…

Fla. Stat. § 713.27 Interplead

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An owner or other person holding funds for disbursement on an improvement shall have the right to interplead such lienor and any other person having or claiming to have an interest in the real property improved or a contract relating to the improvement thereof, whenever there is …

Fla. Stat. § 713.28 Judgments in case of failure to establish liens; personal and deficiency judgments or decrees

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(1) If a lienor shall fail, for any reason, to establish a lien for the full amount found to be due him or her in an action to enforce the same under the provisions of this part, he or she may, in addition to the lien decreed in his or her favor, recover a judgment or decree in s…

Fla. Stat. § 713.29 Attorney fees

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In any action brought to enforce a lien, including a lien that has been transferred to security, or to enforce a claim against a bond under this part, the prevailing party is entitled to recover a reasonable fee for the services of her or his attorney for trial and appeal or for …

Fla. Stat. § 713.30 Other actions not barred

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This part shall be cumulative to other existing remedies and nothing contained in this part shall be construed to prevent any lienor or assignee under any contract from maintaining an action thereon at law in like manner as if he or she had no lien for the security of his or her …

Fla. Stat. § 713.31 Remedies in case of fraud or collusion

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(1) When the owner or any lienor shall, by fraud or collusion, deprive or attempt to deprive any lienor of benefits or rights to which such lienor is entitled under this part by establishing or manipulating the contract price or by giving false affidavits, releases, invoices, wor…

Fla. Stat. § 713.32 Insurance proceeds liable for demands

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The proceeds of any insurance that by the terms of the policy contract are payable to the owner of improved real property or a lienor and actually received or to be received by him or her because of the damage, destruction, or removal by fire or other casualty of an improvement o…

Fla. Stat. § 713.33 Disbursing agent and others may rely on owner’s notices

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When the proceeds of a construction or improvement loan or any portion thereof are being disbursed by a person other than the owner, any affidavit, notice or other instrument which is permitted or required under this part to be furnished to the owner may be relied upon by such ot…

Fla. Stat. § 713.345 Moneys received for real property improvements; penalty for misapplication

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(1)(a) A person, firm, or corporation, or an agent, officer, or employee thereof, who receives any payment on account of improving real property must apply such portion of any payment to the payment of all amounts then due and owing for services and labor which were performed on,…

Fla. Stat. § 713.346 Payment on construction contracts

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(1) Any person who receives a payment for constructing or altering permanent improvements to real property shall pay, in accordance with the contract terms, the undisputed contract obligations for labor, services, or materials provided on account of such improvements. A person, f…

Fla. Stat. § 713.3471 Lender responsibilities with construction loans

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(1) Prior to a lender making any loan disbursement on any construction loan secured by residential real property directly to the owner, which, for purposes of this subsection, means only a natural person, into the owner’s account or accounts, or jointly to the owner and any other…

Fla. Stat. § 713.35 Making or furnishing false statement

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Any person, firm, or corporation who knowingly and intentionally makes or furnishes to another person, firm, or corporation an affidavit, a waiver or release of lien, or other document, whether or not under oath, containing false information about the payment status of subcontrac…

Fla. Stat. § 713.37 Rule of construction

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This part shall not be subject to a rule of liberal construction in favor of any person to whom it applies.History.—s. 15, ch. 77-353.

Fla. Stat. § 713.50 Liens upon property

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Liens prior in dignity to all others accruing thereafter shall exist in favor of the following persons, upon the following described personal property under the circumstances hereinafter mentioned in this part. This part is limited to liens on personal property and their enforcem…

Fla. Stat. § 713.56 Liens for labor on and with machines, etc

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In favor of any person by herself or himself or others performing any labor upon or with any engine, machine, apparatus, fixture, implement, newspaper or printing material or other property, or doing work in any hotel; upon such engine, machine, material, apparatus, fixture, impl…

Fla. Stat. § 713.57 Liens for labor on logs and timber

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In favor of any person by herself or himself or others cutting, rafting, running, driving, or performing other labor upon logs or timber of any kind; on such logs and timber, and on any article manufactured therefrom.History.—s. 7, ch. 3747, 1887; RS 1731; GS 2197; RGS 3504; CGL …

Fla. Stat. § 713.58 Liens for labor or services on personal property

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(1) In favor of persons performing labor or services for any other person, upon the personal property of the latter upon which the labor or services is performed, or which is used in the business, occupation, or employment in which the labor or services is performed.(2) It is unl…

Fla. Stat. § 713.585 Enforcement of lien by sale of motor vehicle

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A person claiming a lien under s. 713.58 for performing labor or services on a motor vehicle may enforce such lien by sale of the vehicle in accordance with the following procedures:(1) The lienor or the lienor’s agent must give notice of the lien by certified mail to the registe…

Fla. Stat. § 713.59 Liens for labor in raising crops

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In favor of any person performing any labor in, or managing or overseeing, the cultivation or harvesting of crops; upon the crops cultivated or harvested.History.—ch. 1899, 1872; s. 9, ch. 3747, 1887; RS 1733; GS 2199; RGS 3506; CGL 5367; s. 36, ch. 67-254.Note.—Former s. 85.10.

Fla. Stat. § 713.595 Liens for labor or services in ginning cotton

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(1) A lien prior in dignity to all others accruing thereafter shall exist in favor of any person performing the service of ginning or classifying cotton for any cotton producer.(2) In addition to, or in lieu of, any other remedy provided by law or in equity for the enforcement of…

Fla. Stat. § 713.596 Molder’s liens

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(1) DEFINITIONS.—As used in this section, the term:(a) “Customer” means any person who causes a molder to fabricate, cast, or otherwise make a mold, or who provides a molder with a mold with which to manufacture, assemble, cast, fabricate, or otherwise make a product for a custom…

Fla. Stat. § 713.60 Liens for labor on or for vessels

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In favor of any person performing for himself or herself or others, any labor, or furnishing any materials or supplies for use in the construction of any vessel or watercraft; and in favor of any person performing for himself or herself or others, any labor or service of any kind…

Fla. Stat. § 713.61 Liens for manufacturing and repairing articles

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In favor of any person who shall manufacture, alter or repair any article or thing of value; upon such article or thing.History.—s. 5, ch. 3747, 1887; RS 1735; GS 2201; RGS 3508; CGL 5369; s. 36, ch. 67-254.Note.—Former s. 85.12.

Fla. Stat. § 713.62 Liens for furnishing articles to be manufactured

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In favor of any person who shall furnish any logs, lumber, clay, sand, stone or other material whatsoever, crude or partially or wholly prepared for use, to any mill or other manufactory to be manufactured into any article of value; upon all such articles furnished and upon all a…

Fla. Stat. § 713.63 Liens for furnishing locomotives, machinery, etc

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In favor of any person who shall furnish any locomotive or stationary engine, water engine, windmill, car or other machine or parts of machine or instrument for any railroad, telegraph or telephone line, mill, distillery, or other manufactory; upon the articles so furnished.Histo…

Fla. Stat. § 713.64 Liens for furnishing material for vessels

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In favor of any ship chandler, storekeeper or dealer furnishing stores, provisions, rigging or other material to or for the use of any ship, vessel, steamboat or other watercraft; on such ship, vessel, steamboat or other watercraft.History.—s. 14, ch. 40, 1845; ss. 1-4, ch. 1128,…

Fla. Stat. § 713.65 Liens for care and maintenance of animals

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In favor of all persons feeding or caring for the horse or other animal of another, including all keepers of livery, sale or feed or feed stables, for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal.History.—s. 1, ch. 3618,…

Fla. Stat. § 713.655 Liens for professional services of veterinarians

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In favor of any veterinarian who renders professional services to an animal at the request of the owner of the animal, the owner’s agent, or a bailee, lessee, or custodian of the animal, for the unpaid portion of the fees for such professional services, upon the animal to which s…

Fla. Stat. § 713.66 Liens for feed, etc., for racehorses, polo ponies and race dogs

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In favor of any person who shall furnish corn, oats, hay, grain or other feed or feedstuffs or straw or bedding material to or upon the order of the owner, or the agent, bailee, lessee, or custodian of the owner, of any racehorse, polo pony or race dog, for the unpaid portion of …

Fla. Stat. § 713.665 Liens for furnishing pest control

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The holder of a license under chapter 482 to engage in the business of pest control has and may enforce:(1) A lien on real property improved for any money that is owed to him or her for labor or services performed or materials furnished in accordance with his or her contract and …

Fla. Stat. § 713.67 Liens for board, lodging, etc., at hotels, etc

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In favor of keepers of hotels, apartment houses, roominghouses, and boardinghouses for the board, lodging and occupancy of and for moneys advanced to transient guests or tenants, upon the goods and chattels belonging to such guests or tenants in such hotel, apartment house, roomi…

Fla. Stat. § 713.68 Liens for hotels, apartment houses, roominghouses, boardinghouses, etc

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In favor of any person conducting or operating any hotel, apartment house, roominghouse, boardinghouse or tenement house where rooms or apartments are let for hire or rental on a transient basis. Such lien shall exist on all the property including trunks, baggage, jewelry and wea…

Fla. Stat. § 713.69 Unlawful to remove property upon which lien has accrued

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It is unlawful for any person to remove any property upon which a lien has accrued under s. 713.68 from any hotel, apartment house, roominghouse, lodginghouse, boardinghouse or tenement house without first making full payment to the person operating or conducting the same of all …

Fla. Stat. § 713.691 Landlord’s lien for rent; exemptions

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(1) With regard to a residential tenancy, the landlord has a lien on all personal property of the tenant located on the premises for accrued rent due to the landlord under the rental agreement. This lien shall be in addition to any other liens upon such property which the landlor…

Fla. Stat. § 713.70 Lien for service of stallions and other animals

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In favor of owners of stallions, jackasses or bulls, upon the colt or calf of the get of said stallion, jackass or bull, and also upon the mare, jenny or cow served by said stallion, jackass or bull in breeding thereof for the sum stipulated to be paid for the service thereof, by…

Fla. Stat. § 713.71 Liens for loans and advances

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Any person who shall procure a loan or advance of money or goods and chattels, wares or merchandise or other things of value, to aid him or her in the business of planting, farming, timber-getting or any other kind of businesses in this state, from any factor, merchant, firm or p…

Fla. Stat. § 713.73 Priority of foregoing liens

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Liens for labor and liens for material provided for by this law shall take priority among themselves according to the times that the notices required to create such liens respectively were given or were recorded in the cases where record is required; that is to say, each such lie…

Fla. Stat. § 713.74 Acquisition of liens by persons in privity with the owner

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As against the owner of personal property upon which a lien is claimed under this part, the lien shall be acquired by any person in privity with the owner by the performance of the labor or the furnishing of the materials. There shall be no lien upon personal property as against …

Fla. Stat. § 713.75 Acquisition of liens by persons not in privity with the owner

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A person entitled to acquire a lien not in privity with the owner of the personal property shall acquire a lien upon the owner’s personal property as against the owner and persons claiming through her or him by delivery to the owner of a written notice that the person for whom th…

Fla. Stat. § 713.76 Release of lien by filing bond

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(1) Any lienee may release his or her property from any lien claimed thereon under this part by filing with the clerk of the circuit court a cash or surety bond, payable to the person claiming the lien, in the amount of the final bill, and conditioned for the payment of any judgm…

Fla. Stat. § 713.77 Liens of owners, operators, or keepers of mobile home or recreational vehicle parks; ejection of occupants

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A lien prior in dignity to all others except a lien for unpaid purchase price shall exist in favor of the owner, operator, or keeper of a mobile home park or recreational vehicle park for rent owing by, and for money or other property advanced to, any occupant thereof upon the go…

Fla. Stat. § 713.78 Liens for recovering, towing, or storing vehicles and vessels

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(1) For the purposes of this section, the term:(a) “Equivalent commercially available system” means a service that charges a fee to provide vehicle information and that at a minimum maintains records from those states participating in data sharing with the National Motor Vehicle …

Fla. Stat. § 713.785 Liens for recovering, towing, or storing mobile homes

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(1) As used in this section, the term:(a) “Mobile home transport company” means a person regularly engaged in the business of transporting mobile homes.(b) “Store” means a mobile home transport company has legal possession of a mobile home either on the mobile home transport comp…

Fla. Stat. § 713.79 Liens for interior design services

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Any person who, as part of his or her services performed as an interior designer, furnishes any articles of furniture, including, but not limited to, desks, tables, lamps, area rugs, wall hangings, photographs, paintings or other works of art, or any items of furnishing, subject …