Title XL, Real and Personal Property

If a lien, as provided for in this part, is imposed on an assignment, farmout agreement, operating agreement, or other equitable interest or legal interest in land or in a leasehold estate, which interest is contingent upon the happening of a condition subsequent, such lien may b…

No lien under this part, to the extent that it may extend to oil or gas or the proceeds from the sale thereof, shall be effective against any purchaser of such oil or gas until the purchaser has received proper written notice of said claim. Such notice shall state the name of the…

Nothing in this part shall be deemed to fix a liability upon an interest holder greater than the amount for which the interest holder would be liable to the original contractor. Payment made by the interest holder to the original contractor prior to notice of a subcontractor’s li…

The liens provided for in this part arise on the date of furnishing of the first item of material or service or the date of performance of the first labor. Upon compliance with the provisions of s. 713.821, such lien shall be preferred to all other titles, charges, liens, or encu…

All liens arising by virtue of this part upon the same property shall be of the same class, except that liens of persons for the performance of labor shall be preferred to all other liens arising by virtue of this part.History.—s. 1, ch. 75-51.

All labor performed, and materials and services furnished, by any person entitled to a lien under this part shall, for the purposes of this part, be considered to have been performed or furnished under a single contract, regardless of whether or not the same was performed or furn…

The manner of perfecting a lien under this part shall be the same as that provided in s. 713.08.History.—s. 1, ch. 75-51.

Any lienee may release her or his property from any lien under this part in the manner provided by s. 713.76.History.—s. 1, ch. 75-51; s. 836, ch. 97-102.

No lien provided by this part shall continue for a period longer than 1 year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction.History.—s. 1, ch. 75-51.

(1) SHORT TITLE.—This section may be cited as the “Florida Uniform Federal Lien Registration Act.”(2) SCOPE.—This section applies only to federal tax liens and to other federal liens, notices of which, under any act of Congress or any regulation adopted pursuant thereto, are requ…

This chapter may be cited as the “Uniform Commercial Real Estate Receivership Act.”History.—s. 1, ch. 2020-106.

For the purposes of this chapter, the term:(1) “Affiliate” means:(a) With respect to an individual:1. A companion of the individual;2. A lineal ancestor or descendant, whether by blood or adoption, of:a. The individual; orb. A companion of the individual;3. A companion of an ance…

(1) Except as otherwise provided in subsection (2), the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate under the circumstances.(2) The court may issue an order under this chapter without written or oral notice to the advers…

(1) This chapter applies to a receivership initiated in a court of this state for an interest in real property and any incidental personal property related to or used in operating the real property.(2) This chapter does not apply to:(a) Actions in which a state agency or officer …

The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.History.—s. 1, ch. 2020-106.

(1) The court may appoint a receiver:(a) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or its revenue-producing potential:1. Is being subjected to or is in danger of …

(1) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.(2) Except as otherwise provided in subsection (3), a person is disqualified from appointment as receiver if the pers…

(1) Except as otherwise provided in subsection (2), a receiver shall post with the court a bond that:(a) Is conditioned on the faithful discharge of the receiver’s duties;(b) Has one or more sureties approved by the court;(c) Is in an amount the court specifies; and(d) Is effecti…

Upon appointment of a receiver, the receiver has the status of a lien creditor under:(1) Chapter 679 as to receivership property or fixtures; and(2) Chapter 695 as to receivership property that is real property.History.—s. 1, ch. 2020-106.

Except as otherwise provided by law other than this chapter, property that a receiver or an owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.Hi…

(1) Unless the court orders otherwise, on demand by a receiver:(a) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or …

(1) Except as limited by court order or the laws of this state other than this chapter, a receiver may:(a) Collect, control, manage, conserve, and protect receivership property;(b) Operate a business constituting receivership property, including preservation, use, sale, lease, li…

(1) An owner shall:(a) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver’s duties;(b) Preserve and turn over to the receiver all receivership property in the owner’s possession, custody, or control;(c) Identify all …

(1) Except as otherwise provided in subsection (5), after notice and opportunity for a hearing, the court may enter an order providing for a stay, applicable to all persons, of any act, action, or proceeding:(a) To obtain possession of, exercise control over, or enforce a judgmen…

(1) With court approval, a receiver may engage an attorney, an accountant, an appraiser, an auctioneer, a broker, or another professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court:(a) The identity a…

(1) For the purposes of this section, the term “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.(2) Before judgment is entered with respect to the receivership property in the action in which the receiver is appointed, with …

(1) For the purposes of this section, the term “timeshare interest” has the same meaning as in s. 721.05(36).(2) Except as otherwise provided in subsection (8), with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership propert…

(1) A receiver is entitled to all defenses and immunities provided by the laws of this state other than this chapter for an act or omission within the scope of the receiver’s appointment.(2) A receiver may be sued personally for an act or omission in administering receivership pr…

A receiver may file or, if ordered by the court, shall file an interim report that includes:(1) The activities of the receiver since appointment or a previous report;(2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the r…

(1) Except as otherwise provided in subsection (6), a receiver shall give notice of appointment of the receiver to creditors of the owner by:(a) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each credit…

(1) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.(2) The court may order one or more of the following to pay the reasonable and necessary…

(1) The court may remove a receiver for cause.(2) The court shall replace a receiver that dies, resigns, or is removed.(3) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over …

(1) Upon completion of a receiver’s duties, the receiver shall file a final report including:(a) A description of the activities of the receiver in the conduct of the receivership;(b) A list of receivership property at the commencement of the receivership and any receivership pro…

(1) The court may appoint a receiver appointed in another state, or that person’s nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if:(a) The pe…

A request by a mortgagee for the appointment of a receiver, the appointment of a receiver, or the application by a mortgagee of receivership property or proceeds to the secured obligation does not:(1) Make the mortgagee a mortgagee in possession of the real property;(2) Make the …

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that have enacted a similar law.History.—s. 1, ch. 2020-106.

This act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices describ…

This chapter does not apply to a receivership for which the receiver was appointed before July 1, 2020.History.—s. 1, ch. 2020-106.

In any action by any person against the seller of real property for any share of a forfeited deposit or down payment by a prospective purchaser, no check, draft, or other obligation of such prospective purchaser shall be construed to be a deposit and the action shall not be maint…

If any person shall fail to claim any garment, clothing, household article, or other articles delivered for laundering, cleaning, or pressing to any laundry or drycleaning establishment for a period of 6 months after the delivery of such article for laundering, cleaning, or proce…

Where title to the surface of real property and title to the subsurface and minerals on or under such real property is divided into different ownerships, then the surface owner and her or his heirs, successors, and assigns shall be entitled to explore, drill, and prospect such re…

If any person fails to claim any article of jewelry or other article delivered to a jewelry store or television or radio repair store for repair, cleaning, or adjustment, for a period of 6 months after such delivery for a television or radio repair store and 1 year after such del…

(1) As used in this section, the term:(a) “Vehicle” means any mobile item which normally uses wheels, whether motorized or not.(b) “Vessel” means every description of watercraft, barge, and airboat used or capable of being used as a means of transportation on water, other than a …

(1)(a) The owner or operator of a private property used for motor vehicle parking may establish rules and rates that govern private persons parking motor vehicles on such private property. Such rules and rates may include parking charges for violating the property owner’s or oper…

Sections 715.10-715.111 may be cited as the “Disposition of Personal Property Landlord and Tenant Act.”History.—s. 11, ch. 83-151.

(1) Sections 715.10-715.111 apply to all tenancies to which part I or part II of chapter 83 are applicable, and to tenancies after a writ of possession has been issued pursuant to s. 723.062.(2) Sections 715.10-715.111 provide an optional procedure for the disposition of personal…