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. 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: 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, the final payment, the waiver may be in substantially the following form: A person may not require a claimant to furnish a waiver that is different from the forms in subsections (1) and (2). The time period for serving a notice of nonpayment shall be measured from the last day of furnishing labor, services, or materials by the lienor and may not be measured by other standards, such as the issuance of a certificate of occupancy or the issuance of a certificate of substantial completion. If for any reason the completion of an improvement is abandoned or though the improvement is completed, materials delivered are not used therefor, a person who has delivered materials for the improvement which have not been incorporated therein and for which he or she has not received payment may peaceably repossess and remove such materials or replevy the same and thereupon he or she shall have no lien on the real property or improvements and no right against any persons for the price thereof, but shall have the same rights in regard to the materials as if he or she had never parted with their possession. The action may be instituted independently of any other action, or in connection with a summons to show cause under s. 713.21, or as a counterclaim or cross-claim to any action to enforce or to determine the validity of the lien. When an improvement is made by a lessee in accordance with an agreement between such lessee and her or his lessor, the lien shall extend also to the interest of such lessor. 67-254; s. 7, ch. The Florida Uniform Federal Lien Registration Act was enacted without reference to statutory placement by ch. Post or posting means placing the document referred to on the site of the improvement in a conspicuous place at the front of the site and in a manner that protects the document from the weather. 725.01, Fla. Stat. s. 10, ch. The liability of the lender shall in no event be greater than the amount of undisbursed funds at the time the notice should have been given unless the failure to give notice was done for the purpose of defrauding the contractor. A notice of nonpayment that includes sums for retainage must specify the portion of the amount claimed for retainage. 713.03 and 713.04 shall attach at the time of recordation of the claim of lien and shall take priority as of that time. This paragraph does not prevent any person from withholding any payment, or any part of a payment, in accordance with the terms of a contract for services, labor, or materials, or pursuant to a bona fide dispute regarding the amount due, if any, for such services, labor, or materials. That the lien is subject to enforcement under law and that the owner or lienholder, if any, has the right to a hearing as set forth in subsection (5). Contain notice that any proceeds from the sale of the vehicle remaining after payment of the amount claimed to be due and owing to the lienor will be deposited with the clerk of the circuit court for disposition upon court order pursuant to subsection (8). Notice must be sent by certified mail, return receipt requested, at least 15 days before the date of the sale. Florida Contract Law Statutes: The Basics. 79-244; s. 1, ch. TO: Owner (name and address from certificate of payment), Lienor (name and address from claim of lien). A notice to owner pursuant to s. 713.06 that has been timely served on the contractor satisfies the requirements of this paragraph. 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 Title Information System. 90-109; s. 8, ch. When the person contracting for improving real property has no interest as owner in the land, no lien shall attach to the land, except as provided in s. 713.12, but if removal of such improvement from the land is practicable, the lien of a lienor shall attach to the improvement on which he or she has performed labor or services or for which he or she has furnished materials. This section may not be construed to adversely affect the lien and bond rights of lienors who are not in privity with the owner. 25048, 1949; s. 36, ch. 97-102. 3747, 1887; RS 1737; GS 2203; RGS 3510; CGL 5371; s. 36, ch. 90-109; s. 6, ch. A service charge of $4.25 shall be collected and retained by the tax collector who processes the application. 16042, 1933; s. 36, ch. It is a complete defense to any action to enforce a lien under this part, or against any lien in any action in which the validity of the lien is an issue, that the lien is a fraudulent lien; and the court so finding is empowered to and shall declare the lien unenforceable, and the lienor thereupon forfeits his or her right to any lien on the property upon which he or she sought to impress such fraudulent lien. Persons who are not in privity with an owner and who perform labor or services or furnish materials constituting a part of an improvement under the direct contract of another person shall have rights to a lien on real property as provided in s. 713.06. 82-229; s. 22, ch. 2019-73. 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 person in this state, or in the United States or in any foreign country, shall, by this part, be held to have given to the lender, lenders, or person making such advance, a statutory lien of prior dignity to all other encumbrances, saving and excepting liens for labor and liens in favor of landlords, upon all the timber-getting, all the crops, and products grown or anything else made or grown by said person, through the assistance of said loan or advances; provided, that the lien above-given shall not be created unless the person obtaining or procuring such loan or advance shall give to the person making such loan or advance an instrument of writing consenting to said lien; and the same shall be recorded in the office of the clerk of the circuit court of the county wherein such business of planting, farming, or timber-getting is conducted. Application is hereby made to obtain a permit to do the work and installations as indicated. 87-74; s. 8, ch. Operator means the person in charge of operations on lands or leaseholds for oil or gas purposes or for any oil or gas pipeline. Construction means construction, maintenance, operation, or repair in connection with any oil or gas pipeline or in connection with, or necessary for, the production of oil or gas, either in the development thereof or in working thereon in the subtractive process. Further, this paragraph does not prohibit a lender from disbursing construction funds at any time directly to the owner, in which event the lender has no obligation to make proper payments under this paragraph. (name of the lienors customer, as set forth in the lienors Notice to Owner, if such notice has been served), (date of request for sworn statement of account). If by law the county recorder and custodian of the official records of a county is other than the clerk of the circuit court, a reference in this section to the clerk of the circuit court shall be deemed to be the county recorder so designated by law. The notice must be either delivered personally or sent by certified mail, return receipt requested, to the last known address of the customer. 96-383; s. 1768, ch. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. 2007-221; s. 8, ch. 94-119; s. 6, ch. 97-102. However, the mold may not be sold if there is a good faith dispute or litigation between the molder and the customer concerning either the quality of the products made or fabricated by use of the mold or the amount due. A person who is performing or is about to perform labor or is furnishing or is about to furnish materials for personal property may deliver to the owner a written cautionary notice that she or he will do so. Liens for labor or services on personal property. A notice of termination is effective to terminate the notice of commencement at the later of 30 days after recording of the notice of termination or the date stated in the notice of termination as the date on which the notice of commencement is terminated, if the notice of termination has been served pursuant to paragraph (1)(f) on the contractor and on each lienor who has a direct contract with the owner or who has served a notice to owner. 87-74; s. 4, ch. 97-102. This may include the failure to pay on time, leaving the job unfinished, substituting inferior goods or products, failure to deliver the goods agreed to, and more. Upon discharge of the amount of the mobile home transport companys lien allowed under paragraph (b), the mobile home transport company must issue a certificate of discharged lien on a form provided by the department to each registered owner of the mobile home attesting that the amount of the mobile home transport companys lien allowed under paragraph (b) has been discharged. 92-25; s. 837, ch. 67-254; s. 7, ch. 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. 92-25, Laws of Florida, and was added as part IV of chapter 713 by the editors. When the owner has properly retained all sums required in this section to be retained but has otherwise made improper payments, the owners real property shall be liable to all laborers, subcontractors, sub-subcontractors, and materialmen complying with this chapter only to the extent of the retentions and the improper payments, notwithstanding the other provisions of this subsection. 2007-221. The owner may make proper payments on the direct contract as to lienors under this section, in the following manner: If the description of the property in the notice prescribed by s. 713.13 is incorrect and the error adversely affects any lienor, payments made on the direct contract shall be held improperly paid to that lienor; but this does not apply to clerical errors when the description listed covers the property where the improvements are. A notice of commencement that is recorded within the effective period may be amended to extend the effective period, change erroneous information in the original notice, or add information that was omitted from the original notice. 3747, 1887; RS 1735; GS 2201; RGS 3508; CGL 5369; s. 36, ch. 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 be perfected and entered against such land or against the leasehold estate, notwithstanding the failure of such interest to ripen into legal title or the failure of such conditions subsequent to be fulfilled. A "sale" consists in the passing of title from the seller to the buyer for a price (s. 672.401). A notice of commencement must be in substantially the following form: (legal description of the property, and street address if available). 77-353; s. 5, ch. The address at which the vehicle or vessel is physically located. The ginner or classifier may withhold from the joint payment only the amount owed for ginning or classifying such cotton. The failure to give notice to the contractor under paragraph (a) renders the lender liable to the contractor to the extent of the actual value of the materials and direct labor costs furnished by the contractor plus 15 percent for overhead, profit, and all other costs from the date on which notice of the lenders decision should have been served on the contractor and the date on which notice of the lenders decision is served on the contractor. The posting of a copy does not constitute a lien, cloud, or encumbrance on real property, nor actual or constructive notice of any of them. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. Purchasing Statutes and Rules. If the mobile home is owned jointly by more than one person, the name of each registered owner must be placed on the list. The owner, contractor, or surety shall furnish a true copy of the bond at the cost of reproduction to any lienor demanding it. Any lienor who, regardless of privity, performs services or furnishes material to real property for the purpose of making it suitable as the site for the construction of an improvement or improvements shall be entitled to a lien on the real property for any money that is owed to her or him for her or his services or materials furnished in accordance with her or his contract and the direct contract. 67-254. 95-240; s. 818, ch. 77-353; s. 7, ch. 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 such action against any party liable therefor for such sums in excess of the lien as are due him or her or which the lienor might recover in an action on a contract against any party to the action from whom such sums are due him or her. 5143, 1903; GS 2209; RGS 3516; CGL 5379; s. 36, ch. The charges or fees of the Secretary of State, with respect to a notice or certificate filed under this section, or for searching records with respect thereto, are: For filing a notice of lien, which fee shall include the cost of filing a certificate of release or nonstatement for said notice of lien, $25. THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. 1-4, ch. In such a case, the amount of the mobile home transport companys lien allowed by paragraph (b) may be increased to include no more than $500 of the reasonable costs and attorneys fees incurred in obtaining the judgment. 98-135; s. 32, ch. The mobile home transport company, the landlord or his or her agent, or any subsequent purchaser for value is not responsible to the tenant or any other party for loss, destruction, or damage to the mobile home or other personal property after coming into possession of the mobile home under this section, provided the mobile home transport company, the landlord, or their agents use reasonable care in storing the mobile home. For the purpose of perfecting her or his lien under this part, every lienor, including laborers and persons in privity, shall record a claim of lien which shall state: The name of the lienor and the address where notices or process under this part may be served on the lienor. Unlawful to remove property upon which lien has accrued. Under penalties of perjury, the undersigned certifies that the bond recorded with this certificate conforms with s. 713.245, F.S., that the bond is in full force and effect, and that the contractor has been paid $ for the labor, services, and materials described in the Claim of Lien filed by dated , (year), and recorded , (year), in Official Records Book at Page of the Public Records of County, Florida. The remedies specified in subsection (4) do not apply: To the extent of a bona fide dispute regarding any portion of the contract price. The owner, at his or her option, may designate a person in addition to himself or herself to receive a copy of the lienors notice as provided in s. 713.06(2)(b), and if he or she does so, the name and address of such person must be included in the notice of commencement. WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. 5143, 1903; GS 2190, 2196; RGS 3495, 3502; CGL 5349, 5363; s. 44, ch. 2006-187; s. 9, ch. 97-102. For purposes of this subsection, a solar project means installing, uninstalling, or replacing solar panels on single-family residential property, multifamily residential property, or commercial property. 65-456; s. 35, ch. Lienors receiving money shall execute partial releases, as provided in s. 713.20(2), to the extent of the payment received. 99-5; s. 5, ch. 75-227; s. 5, ch. 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 other person in making such disbursements to the same extent as the owner is entitled to rely upon the same. 80-97; s. 15, ch. If a proceeding to enforce a lien is commenced in a court of competent jurisdiction within the time specified in s. 713.22 and, during such proceeding, the lien is transferred pursuant to this section or s. 713.13(1)(e), an action commenced within 1 year after the transfer, unless otherwise shortened by operation of law, in the same county or circuit court to recover against the security shall be deemed to have been brought as of the date of filing the action to enforce the lien, and the court shall have jurisdiction over the action. 76-83; s. 1, ch. 2007-221. "Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. s. 7, ch. 55.202 and 55.203. 98-246; s. 4, ch. A lienor or the lienors agent may not charge fees or costs, other than those authorized in this section or ss. Construction contracts are required to contain several specific items, such as the licensee's number (see "Selecting your contractor"), energy information and insulation ratings for various components. Upon the nonpayment of such sums in accordance with the rules of such hotels, apartment houses, roominghouses or boardinghouses, the keeper thereof may instantly eject such transient guests or tenants therefrom. (signature of lienor or lienors representative). A check of the law enforcement report for a tag number or other information identifying the vehicle or vessel, if the vehicle or vessel was towed at the request of a law enforcement officer. The negligent inclusion or omission of any information in the notice of nonpayment that has not prejudiced the contractor or surety does not constitute a default that operates to defeat an otherwise valid bond claim. When the payment due is insufficient to pay all bills of lienors giving notice, the owner shall prorate the amount then due under the direct contract among the lienors giving notice pro rata in the manner prescribed in subsection (4). The registered owner of the mobile home may dispute the mobile home transport companys lien by notifying the department of the dispute in writing on forms provided by the department, if at least one of the following applies: The registered owner presents a notarized bill of sale proving that the mobile home was sold in a private or casual sale before the mobile home was recovered, towed, or stored. Florida's statute of frauds is located in Fla. Stat. 40, 1845; ss. An authority responsible for issuing building permit applications which accepts building permit applications in an electronic format shall provide public Internet access to the electronic building permit applications in a searchable format. The issuing authority shall verify that the name and address of the owner, the name of the contractor, and the location or address of the property being improved which is contained in the certified copy of the notice of commencement is consistent with the information in the building permit application. The lender shall not be liable to the contractor based upon the decision of the lender to cease further advances if the lender gives the contractor notice of such decision in accordance with this subsection and the decision is otherwise permitted under the loan documents. A person who executes a waiver in exchange for a check may condition the waiver on payment of the check. The traditional elements of a breach of contract damages claim are well known to every law student: 1) the existence of a valid contract; 2) a breach of that contract; and 3) damages caused by that breach. A person regularly engaged in the business of recovering, towing, or storing vehicles or vessels who comes into possession of a vehicle or vessel pursuant to subsection (2), and who claims a lien for recovery, towing, or storage services, shall give notice, by certified mail, to the registered owner, the insurance company insuring the vehicle notwithstanding s. 627.736, and all persons claiming a lien thereon, as disclosed by the records in the Department of Highway Safety and Motor Vehicles or as disclosed by the records of any corresponding agency in any other state in which the vehicle is identified through a records check of the National Motor Vehicle Title Information System or an equivalent commercially available system as being titled or registered. If attempts to locate the owner or lienholder are unsuccessful after a check of the records of the Department of Highway Safety and Motor Vehicles and any state disclosed by the check of the National Motor Vehicle Title Information System or an equivalent commercially available system, the lienor must notify the local law enforcement agency in writing by certified mail or acknowledged hand delivery that the lienor has been unable to locate the owner or lienholder, that a physical search of the vehicle has disclosed no ownership information, and that a good faith effort, including records checks of the Department of Highway Safety and Motor Vehicles database and the National Motor Vehicle Title Information System or an equivalent commercially available system, has been made. s. 8, ch. 1128, 1861; RS 1738; GS 2204; RGS 3511; CGL 5372; s. 36, ch. 67-254. For purposes of this paragraph, the term administrative fee means a lien fee or any fee imposed by the lienor or the lienors agent for administrative costs added to the amount due for towing and storing the vehicle or vessel. s. 6, ch. In determining the amounts for which liens between lienors claiming under a direct contract shall be paid by the owner or allowed by the court within the total amount fixed by the direct contract and under the provisions of this section, the owner or court shall pay or allow such liens in the following order: Liens of all persons other than the contractor. Any person who violates any provision of subsection (1), subsection (2), subsection (4), subsection (5), subsection (6), or subsection (7) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A final order, by the court, must also provide for immediate payment of any proceeds or awards, and the immediate release of the bond to the posting party, if applicable. Any person who uses a false or fictitious name, gives a false or fictitious address, or makes any false statement in any application or affidavit required under the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Fee Simple Titleholders Name (If other than owner), Fee Simple Titleholders Address (If other than owner). An owner of real property may request from the contractor a list of all subcontractors and suppliers who have any contract with the contractor to furnish any material or to perform any service for the contractor with respect to the owners real property or improvement to the real property. 4582, 1897; ss. e.g. s. 1, ch. The name and address of the owner, the owners interest in the site of the improvement, and the name and address of the fee simple titleholder, if other than such owner. 67-254; s. 1, ch. The term act is also used reversible with statutes. 2019-94. UNIFORMITY OF APPLICATION AND CONSTRUCTION. The vehicle or hull identification number on the notice of lien must match the vehicle or hull identification number of the vehicle or vessel that is the subject of the transfer of title. Liens for professional services of veterinarians. Oil or gas pipeline means any pipeline laid and designed as a means of transporting natural gas, oil, or gasoline, or their components or derivatives, and the right-of-way therefor. These charges may not exceed the maximum rates imposed by the ordinances of the respective county or municipality under ss.
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