florida contract law statutes
77-353; s. 10, ch. Except as provided in s. 713.12, a lien under this part shall extend to, and only to, the right, title, and interest of the person who contracts for the improvement as such right, title, and interest exists at the commencement of the improvement or is thereafter acquired in the real property. 96-383; s. 1764, ch. The failure to furnish the statement within 30 days after the demand, or the furnishing of a false or fraudulent statement, deprives the person who fails to furnish the statement, or who furnishes the false or fraudulent statement, of his or her rights under the bond. No lienor under this section shall be required to serve a notice to owner as provided in s. 713.06(2) or an affidavit concerning unpaid lienors as provided in s. 713.06(3). A notice of commencement must be in substantially the following form: (legal description of the property, and street address if available). A check of the vehicle for a vehicle identification number. s. 2, ch. Upon the filing of a demand for hearing, a hearing shall be held before the proposed or scheduled date of sale of the vehicle. 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. Signed: (Name of person recording notice). 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. 8474, 1921; CGL 5366; s. 36, ch. If the transaction involves the transfer of multiple liens, an additional charge of up to $10 for each additional lien shall be charged, from which the clerk shall remit $2.50 to the Department of Revenue for deposit into the General Revenue Fund. 22858, 1945; s. 36, ch. 2003-257; s. 6, ch. The lessee is a mobile home owner who is leasing a mobile home lot in a mobile home park from the lessor. 2005-227; s. 7, ch. 2021-124. 2005-164; s. 10, ch. Law impairing the Obligation of Contracts." Disney's lawsuit asks for the court to overturn the board's decision to revoke the development agreement, leaving the agreement in place, and also . 88-397; s. 17, ch. The physical location of the vehicle or vessel. 67-254; s. 10, ch. When the tenant is the head of a family, personal property owned by her or him in the value of $1,000 is exempt from the lien provided by this section. 1, 6, ch. The Department of Highway Safety and Motor Vehicles shall charge a fee of $3 for each certificate of destruction. This shall not preclude the rendition of other judgments or decrees in the action. (general description of services or materials) for the improvement of the real property identified as (property description) under an order given by (lienors customer). If true, the contract would be unenforceable. s. 1, ch. 92-203; s. 825, ch. 63-135; s. 35, ch. WARNING! Except with written consent of the contractor, before paying any money directly to any lienor except the contractor or any laborer, the owner shall give the contractor at least 10 days written notice of his or her intention to do so, and the amount he or she proposes to pay each lienor. 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). 63-135; s. 9, ch. 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. 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. 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. For purposes of serving notice on any other lienor under this subsection, the lender may rely upon the name and address of the lienor listed in the notice to owner. 75-227; s. 5, ch. Notice of commencement means the notice recorded as provided in s. 713.13. 2003-177; s. 13, ch. Stat. Issuance of a certificate of discharged wrecker operators lien under this paragraph does not discharge the entire amount of the wrecker operators lien claimed under subsection (2), but only certifies to the department that the amount of the wrecker operators lien allowed by paragraph (b), for which the department will prevent issuance of a license plate or revalidation sticker, has been discharged. A lien shall exist from the time of delivery of either notice for the amount unpaid on the contract of the owner with the person contracting with the lienor and the delivery of the notice shall also create a personal liability against the owner of the personal property in favor of the lienor giving the notice, but not to a greater extent than the amount then unpaid on the contract between the owner and the person with whom the owner contracted. The injured party may only recover if the damages are a proximate result of the material breach. 4582, 1897; ss. Allowance items are a part of the contract when accepted by the owner. 65-456; s. 35, ch. A general description of the improvement. For purposes of this section, the term information means the nature and quantity of the labor, services, and materials furnished or to be furnished by a lienor and the amount paid, the amount due, and the amount to become due on the lienors account. The named insured who receives any proceeds of the policy shall be deemed a trustee of the proceeds, and the proceeds shall be deemed trust funds for the purposes designated by this section for a period of 1 year from the date of receipt of the proceeds. In all other cases, in the office of the clerk of the circuit court of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien. The person in charge of the towing service, garage, repair shop, or automotive service, storage, or parking place shall obtain such information from the applicable law enforcement agency within 5 days after the date of storage and shall give notice pursuant to paragraph (a). . 98-135; s. 7, 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. That charges have accrued and include an itemized statement of the amount thereof. Extras or change orders means labor, services, or materials for improving real property authorized by the owner and added to or deleted from labor, services, or materials covered by a previous contract between the same parties. However, the department shall deny any dispute and maintain the registered owners name on the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under s. 320.03(8) if the wrecker operator has provided the department with a certified copy of the judgment of a court which orders the registered owner to pay the wrecker operators lien claimed under this section. This claim is known as a construction lien. 65-456; s. 35, ch. Clerks office means the office of the clerk of the circuit court of the county in which the real property is located. 16042, 1933; s. 36, ch. A lienor who serves a fraudulent notice of nonpayment forfeits his or her rights under the bond. 67-254; s. 1, ch. When a vehicle is sold by a lienor in accordance with this law, a purchaser for value takes title to the vehicle free and clear of all claims, liens, and encumbrances whatsoever, unless otherwise provided by court order. A lienor who executes a lien waiver and release in exchange for a check may condition the waiver and release on payment of the check. If the mobile home is owned jointly by more than one person, each registered owner must dispute the mobile home transport companys lien in order to be removed from the list. Upon payment of the charges owed, the lienor must release the vehicle to the paying owner, lienholder, or agent thereof. If a lienor under this section who is not in privity with the owner serves a notice on the owner in accordance with the provisions of s. 713.06(2), payment of lienors by the owner under this section shall be governed by s. 713.06(3)(c), (d), (e), (f), (g), (h), and (4). Upon determining the respective rights of the parties, the court may award damages, attorneys fees, and costs in favor of the prevailing party. The notice of lien may not be sent to the registered owner, the insurance company insuring the vehicle or vessel, and all other persons claiming a lien thereon less than 30 days before the sale of the vehicle or vessel. 63-135; s. 35, ch. OWNERS ELECTRONIC SUBMISSION STATEMENT: Under penalty of perjury, I declare that all the information contained in this building permit application is true and correct. Any contractor or lienor under contract to furnish labor, services, or materials for improvements being made by a lessee may serve written demand on the lessor for a copy of the provision in the lease prohibiting liability for improvements made by the lessee, which copy shall be verified under s. 92.525. A person, firm, or corporation who knowingly and intentionally fails to make the payment required under this subsection commits a misapplication of construction funds, punishable as provided in s. 713.345. 4352, 1895; GS 2207; s. 1, ch. If the date of the sale was not included in the notice required by subsection (3), notice of the sale must be given to the person in whose name the mobile home is registered at her or his last known address, to the mobile home park owner, and to all persons claiming a lien on the mobile home as shown on the records of the Department of Highway Safety and Motor Vehicles or of the corresponding agency in any other state. Notice shall be delivered personally to the purchaser or by registered or certified mail. The owners property is not exempt from liens filed under this part. 67-254. The amount of storage fees owed at the time of the notice. Persons who provide services pursuant to this section shall permit vehicle or vessel owners, lienholders, insurance company representatives, or their agents, which agency is evidenced by an original writing acknowledged by the owner before a notary public or other person empowered by law to administer oaths, to inspect the towed vehicle or vessel and shall release to the owner, lienholder, or agent the vehicle, vessel, or all personal property not affixed to the vehicle or vessel which was in the vehicle or vessel at the time the vehicle or vessel came into the custody of the person providing such services. 2001-211; s. 3, ch. If the lender is permitted under the loan documents to make disbursements from the loan contrary to the original loan budget without the borrowers prior consent, the lender is responsible for serving the notice to the contractor or other lienor required under this subsection. The name of the person or the corresponding law enforcement agency that requested that the mobile home be recovered, towed, or stored. 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 judgment which may be recovered on said lien, with costs. Said liens shall be superior to any and all claims, liens and mortgages, whether recorded or unrecorded, including, but not limited to, any lessors or vendors lien, and any chattel mortgage, which theretofore may have been or thereafter may be created against such racehorse, polo pony or race dog, and to the claims of any and all purchases thereof. Molder means any person who fabricates, casts, or otherwise makes or uses a mold for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product for a customer. 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. A temporary injunction against the person who received the payment, subject to the bond requirements specified in the Florida Rules of Civil Procedure. Notice by certified mail, return receipt requested, shall be sent within 7 business days after the date of storage of the mobile home to the registered owner at the owners last known address, and all persons of record claiming a lien against the mobile home. 2007-221; s. 18, ch. Whenever a lender is required to record a notice of commencement, the lender shall designate the lender, in addition to others, to receive copies of notices to owner. s. 7, ch. If the person against whose interest the lien applies is a trust that is not covered by subparagraph 1., in the office of the Secretary of State. 87-74; s. 813, ch. 97-102; s. 5, ch. 90-109; ss. 90-307; s. 76, ch. 67-254; s. 9, ch. At any time before the proposed or scheduled date of sale of a vehicle, the owner, the customer, or a person claiming an interest therein or lien thereon may request to inspect the vehicle. 92-148; s. 806, ch. 1999, 1874; RS 1740; GS 2206; RGS 3513; CGL 5374; s. 44, ch. 80-97; s. 4, ch. Any remaining amount is to be paid to the customer, if the customers address is known, or to the Chief Financial Officer for deposit in the General Revenue Fund if the customers address is unknown to the molder at the time of the sale. 77-354; s. 6, ch. A statement that the owner has, before recording the notice of termination, served a copy of the notice of termination on the contractor and on each lienor who has a direct contract with the owner or who has served a notice to owner. A check of the vessel for a vessel registration number. 90-109; s. 805, ch. s. 12, ch. The Department of Business and Professional Regulation shall promptly open an investigation into the matter and, if probable cause is found, shall furnish a copy of any investigative report to the state attorney or statewide prosecutor who furnished a copy of the indictment or information and to the owner of the property which is the subject of the investigation. 2003-179; s. 3, ch. The prevailing party in an action under this paragraph may recover reasonable attorneys fees and costs. In favor of any veterinarian who renders professional services to an animal at the request of the owner of the animal, the owners 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 such services were rendered. 67-254; s. 804, ch. 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. Upon receipt by the Department of Highway Safety and Motor Vehicles of written notice from a wrecker operator who claims a wrecker operators lien under paragraph (2)(d) for recovery, towing, or storage of an abandoned vehicle or vessel upon instructions from any law enforcement agency, for which a certificate of destruction has been issued under subsection (11) and the vehicle has been reported to the National Motor Vehicle Title Information System, the department shall place the name of the registered owner of that vehicle or vessel on the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under s. 320.03(8). Upon presentation of the certificate of discharged lien by the registered owner, the department shall immediately remove the registered owners name from the list of those persons who may not be issued a revalidation sticker under s. 320.03. 97-102; s. 6, ch. Any architect, landscape architect, interior designer, engineer, or surveyor and mapper who has a direct contract and who in the practice of his or her profession shall perform services, by himself or herself or others, in connection with a specific parcel of real property and subject to said compliances and limitations, shall have a lien upon such real property for the money owing to him or her for his or her professional services, regardless of whether such real property is actually improved.