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Florida Statutes - Real And Personal Property

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• Florida Real And Personal Property Code Section 689.01; How real estate conveyed.
  No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any ...
• Florida Real And Personal Property Code Section 689.02; Form of warranty deed prescribed.
  (1) Warranty deeds of conveyance to land may be in the following form, viz.: "This indenture, made this _____ day of _____ A.D._____, ...
• Florida Real And Personal Property Code Section 689.03; Effect of such deed.
  A conveyance executed substantially in the foregoing form shall be held to be a warranty deed with full common-law covenants, and shall just as ...
• Florida Real And Personal Property Code Section 689.04; How executed.
  Such deeds shall be executed and acknowledged as is now or may hereafter be provided by the law regulating conveyances of realty by ...
• Florida Real And Personal Property Code Section 689.045; Conveyances to or by partnership.
  (1) Any estate in real property may be acquired in the name of a limited partnership. Title so acquired must be conveyed or encumbered in ...
• Florida Real And Personal Property Code Section 689.05; How declarations of trust proved.
  All declarations and creations of trust and confidence of or in any messuages, lands, tenements or hereditaments shall be manifested and proved by some writing, ...
• Florida Real And Personal Property Code Section 689.06; How trust estate conveyed.
  All grants, conveyances, or assignments of trust or confidence of or in any lands, tenements, or hereditaments, or of any estate or interest therein, shall ...
• Florida Real And Personal Property Code Section 689.07; "Trustee" or "as trustee" added to name of grantee, transferee, assignee, or mortgagee transfers interest or creates lien as if additional word or words not used.
  (1) Every deed or conveyance of real estate heretofore or hereafter made or executed in which the words "trustee" or "as trustee" are added to ...
• Florida Real And Personal Property Code Section 689.071; Florida Land Trust Act.
  (1) SHORT TITLE.--This section may be cited as the "Florida Land Trust Act." (2) DEFINITIONS.--As used in this section, the term: (a) "Beneficial ...
• Florida Real And Personal Property Code Section 689.072; Real estate interests transferred to or by a custodian or trustee of an individual retirement account or qualified plan.
  (1)(a) A conveyance, deed, mortgage, lease assignment, or other recorded instrument that transfers an interest in real property in this state, including a leasehold ...
• Florida Real And Personal Property Code Section 689.075; Inter vivos trusts; powers retained by settlor.
  1(1) A trust which is otherwise valid and which complies with s. 737.111, including, but not limited to, a trust the principal of ...
• Florida Real And Personal Property Code Section 689.08; Fines and common recoveries.
  Conveyance by fine or by common recovery shall never be used in this ...
• Florida Real And Personal Property Code Section 689.09; Deeds under statute of uses.
  By deed of bargain and sale, or by deed of lease and release, or of covenant to stand seized to the use of any other ...
• Florida Real And Personal Property Code Section 689.10; Words of limitation and the words "fee simple" dispensed with.
  Where any real estate has heretofore been conveyed or granted or shall hereafter be conveyed or granted without there being used in the said deed ...
• Florida Real And Personal Property Code Section 689.11; Conveyances between husband and wife direct; homestead.
  (1) A conveyance of real estate, including homestead, made by one spouse to the other shall convey the legal title to the grantee spouse in ...
• Florida Real And Personal Property Code Section 689.111; Conveyances of homestead; power of attorney.
  (1) A deed or mortgage of homestead realty owned by an unmarried person may be executed by virtue of a power of attorney executed in ...
• Florida Real And Personal Property Code Section 689.115; Estate by the entirety in mortgage made or assigned to husband and wife.
  Any mortgage encumbering real property, or any assignment of a mortgage encumbering real property, made to two persons who are husband and wife, heretofore or ...
• Florida Real And Personal Property Code Section 689.12; How state lands conveyed for educational purposes.
  (1) The title to all lands granted to or held by the state for educational purposes shall be conveyed by deed executed by the members ...
• Florida Real And Personal Property Code Section 689.13; Rule against perpetuities not applicable to dispositions of property for private cemeteries, etc.
  No disposition of property, or the income thereof, hereafter made for the maintenance or care of any public or private burying ground, churchyard, or other ...
• Florida Real And Personal Property Code Section 689.14; Entailed estates.
  No property, real or personal, shall be entailed in this state. Any instrument purporting to create an estate tail, express or implied, shall be deemed ...
• Florida Real And Personal Property Code Section 689.15; Estates by survivorship.
  The doctrine of the right of survivorship in cases of real estate and personal property held by joint tenants shall not prevail in this state; ...
• Florida Real And Personal Property Code Section 689.17; Rule in Shelley's Case abolished.
  The rule in Shelley's Case is hereby abolished. Any instrument purporting to create an estate for life in a person with remainder to her ...
• Florida Real And Personal Property Code Section 689.175; Worthier title doctrine abolished.
  The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the ...
• Florida Real And Personal Property Code Section 689.18; Reverter or forfeiture provisions, limitations; exceptions.
  (1) It is hereby declared by the Legislature of the state that reverter or forfeiture provisions of unlimited duration in the conveyance of real estate ...
• Florida Real And Personal Property Code Section 689.19; Variances of names in recorded instruments.
  (1) The word "instrument" as used in this section shall be construed to mean and include not only instruments voluntarily executed but also papers filed ...
• Florida Real And Personal Property Code Section 689.20; Limitation on use of word "minerals."
  Whenever the word "minerals" is hereafter used in any deed, lease, or other contract in writing, said word or term shall not include any of ...
• Florida Real And Personal Property Code Section 689.225; Statutory rule against perpetuities.
  (1) SHORT TITLE.--This section may be cited as the "Florida Uniform Statutory Rule Against Perpetuities." (2) STATEMENT OF THE RULE.-- (a) A nonvested property ...
• Florida Real And Personal Property Code Section 689.25; Failure to disclose homicide, suicide, deaths, or diagnosis of HIV or AIDS infection in an occupant of real property.
  (1)(a) The fact that an occupant of real property is infected or has been infected with human immunodeficiency virus or diagnosed with acquired immune ...
• Florida Real And Personal Property Code Section 689.261; Sale of residential property; disclosure of ad valorem taxes to prospective purchaser.
  (1) A prospective purchaser of residential property must be presented a disclosure summary at or before execution of the contract for sale. Unless a substantially ...
• Florida Real And Personal Property Code Section 689.27; Termination by servicemember of agreement to purchase real property.
  (1) Notwithstanding any other provisions of law and for the purposes of this section: (a) "Closing" means the finalizing of the sale of property, upon ...
• Florida Real And Personal Property Code Section 692.01; Conveyances by corporations.
  Any corporation may execute instruments conveying, mortgaging, or affecting any interest in its lands by instruments sealed with the common or corporate seal and signed ...
• Florida Real And Personal Property Code Section 692.02; Validation of conveyances.
  Conveyances by corporations of lands in this state, heretofore executed, which have been sealed with the common or corporate seal of such corporation and signed ...
• Florida Real And Personal Property Code Section 692.03; Validity of conveyances by certain foreign corporations recorded for 7 years; limitation.
  (1) Whenever any conveyance, by the surviving directors or trustees of a foreign corporation, which has been dissolved for any cause, or which has had ...
• Florida Real And Personal Property Code Section 692.04; Validation of deeds and similar instruments executed by corporations.
  All deeds and other instruments relating to the conveyance, transfer, lease, assignment, release, subordination, encumbrance, or satisfaction of any right, title, interest, claim, lien, or ...
• Florida Real And Personal Property Code Section 692.101; Conveyances to or by trustees of unincorporated churches.
  (1) Every deed or other instrument transferring real property to named or unnamed trustees of a named unincorporated church, including a deed or instrument executed ...
• Florida Real And Personal Property Code Section 694.01; Conveyances executed between 1817 and 1822.
  All deeds of conveyance, bills of sale, mortgages or other transfers of property, either real or personal, within the limits of this state, made and ...
• Florida Real And Personal Property Code Section 694.02; Married women's conveyances validated.
  All sales, conveyances, transfers, or mortgages made prior to February 14, 1835, by married women of their real estate of inheritance where the husbands of ...
• Florida Real And Personal Property Code Section 694.03; Married women's conveyances by attorney validated.
  Any deed, release or conveyance executed and acknowledged before the passage of the act approved February 20, 1875, entitled, "An Act to authorize married women ...
• Florida Real And Personal Property Code Section 694.04; Conveyances by married women; defective acknowledgments validated.
  All conveyances, contracts, transfers, or mortgages of real property or of any interest in it, including relinquishments of dower, executed by a married woman before ...
• Florida Real And Personal Property Code Section 694.05; Certain other conveyances validated.
  Any deed or conveyance heretofore executed and acknowledged in accordance with the provisions of the act approved February 24, 1873, entitled "An Act providing for ...
• Florida Real And Personal Property Code Section 694.06; Deeds executed by State Board of Education.
  All deeds conveying lands granted to or held by the state for educational purposes heretofore executed by the members of the State Board of Education ...
• Florida Real And Personal Property Code Section 694.07; Certain grant of lands confirmed.
  The state does hereby grant and confirm to purchasers, grantees and assigns of the several railroad companies which accepted the provisions of the act entitled, "...
• Florida Real And Personal Property Code Section 694.08; Certain instruments validated, notwithstanding lack of seals or witnesses, or defect in acknowledgment, etc.
  (1) Whenever any power of attorney has been executed and delivered, or any conveyance has been executed and delivered to any grantee by the person ...
• Florida Real And Personal Property Code Section 694.09; Certified copies admissible in evidence.
  A copy of any of the instruments referred to in s. 694.08 duly certified, under the hand and seal of office of the officer ...
• Florida Real And Personal Property Code Section 694.10; Certain titles not affected.
  Nothing in s. 694.08 contained shall be taken or held to validate or perfect any title to any land as against one or more ...
• Florida Real And Personal Property Code Section 694.11; Certain deeds of county commissioners validated.
  All deeds of conveyance of lands in this state heretofore made and executed prior to the year 1915 by the board of county commissioners of ...
• Florida Real And Personal Property Code Section 694.12; Validation of instruments in which name of corporation is incorrectly set out.
  All deeds of conveyance, bills of sale, mortgages, or other transfers of real or personal property within the limits of this state, heretofore made and ...
• Florida Real And Personal Property Code Section 694.13; Ratifying, validating, and confirming conveyances of real estate by county commissioners, district school boards, or boards of bond trustees or commissioners of drainage or other special improvement districts.
  (1) All conveyances of real estate heretofore made by any of the several counties of the state or the county commissioners thereof, or any district ...
• Florida Real And Personal Property Code Section 694.14; Validation of deeds executed by guardians appointed under Veterans' Guardianship Law.
  Any deed of conveyance, executed bona fide and for a valuable consideration authorized and approved by order of the probate court, by any limited guardian ...
• Florida Real And Personal Property Code Section 694.15; Validation of conveyances by board of trustees.
  All conveyances and releases of any interest in lands, title to which was vested in the Board of Trustees of the Internal Improvement Trust Fund ...
• Florida Real And Personal Property Code Section 694.16; Conveyances by merger or conversion of business entities.
  As to any merger or conversion of business entities prior to June 15, 2000, the title to all real estate, or any interest therein, owned ...
• Florida Real And Personal Property Code Section 694.17; Validation of conveyances to custodian or trustee of an individual retirement account or qualified plan.
  All conveyances, deeds, mortgages, lease assignments, or other recorded instruments transferring an interest in real property in this state to a custodian or trustee, which ...
• Florida Real And Personal Property Code Section 695.01; Conveyances to be recorded.
  (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, ...
• Florida Real And Personal Property Code Section 695.015; Conveyances by law between governmental agencies, recording.
  All laws which purport to convey title to real property from one governmental agency or political subdivision to another shall be recorded in the public ...
• Florida Real And Personal Property Code Section 695.02; Blank or master form of instruments may be recorded.
  (1) Any person may have a blank or master form of mortgage or other instrument conveying, transferring or reserving an interest in, or creating a ...
• Florida Real And Personal Property Code Section 695.03; Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.
  To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness ...
• Florida Real And Personal Property Code Section 695.031; Affidavits and acknowledgments by members of armed forces and their spouses.
  (1) In addition to the manner, form and proof of acknowledgment of instruments as now provided by law, any person serving in or with the ...
• Florida Real And Personal Property Code Section 695.032; Provisions not applicable to transactions under chapter 679, Uniform Commercial Code.
  Section 695.03 shall not apply to any of the transactions within the scope of chapter 679 of the Uniform Commercial ...
• Florida Real And Personal Property Code Section 695.04; Requirements of certificate.
  The certificate of the officer before whom the acknowledgment or proof is taken, except for a certificate legalizing or authenticating the signature of a person ...
• Florida Real And Personal Property Code Section 695.05; Certain defects cured as to acknowledgments and witnesses.
  All deeds, conveyances, bills of sale, mortgages or other transfers of real or personal property within the limits of this state, heretofore or hereafter made ...
• Florida Real And Personal Property Code Section 695.06; Certain irregularities as to venue validated.
  Whenever, in the acknowledgment to any deed or other instrument relating to real estate, heretofore recorded in this state, it shall appear, either from the ...
• Florida Real And Personal Property Code Section 695.07; Use of scrawl as seal.
  A scrawl or scroll, printed or written, affixed as a seal to any written instrument shall be as effectual as a ...
• Florida Real And Personal Property Code Section 695.08; Prior use of scrawl as seal.
  All written instruments heretofore or hereafter made with a scrawl or scroll, printed or written, affixed as a seal are declared to be sealed instruments, ...
• Florida Real And Personal Property Code Section 695.09; Identity of grantor.
  No acknowledgment or proof shall be taken, except as set forth in s. 695.03(3), by any officer within or without the United States ...
• Florida Real And Personal Property Code Section 695.10; Proof by others.
  Where the grantors and witnesses of any instrument which may be recorded are dead, or cannot be had, the judge of the circuit court, or ...
• Florida Real And Personal Property Code Section 695.11; Instruments deemed to be recorded from time of filing.
  All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court of any county in the ...
• Florida Real And Personal Property Code Section 695.12; Imperfect record.
  Whenever any instrument authorized or required by law to be recorded in any county either has been or may be so imperfectly or erroneously recorded ...
• Florida Real And Personal Property Code Section 695.13; Want of certificate of record.
  Whenever any instrument authorized or required by law to be recorded shall appear to be recorded in the appropriate record book in the proper office, ...
• Florida Real And Personal Property Code Section 695.14; Unsigned certificate of record.
  Whenever any unsigned certificate on such record of the instruments mentioned in s. 695.13 shall contain the date of filing or of recording such ...
• Florida Real And Personal Property Code Section 695.15; Recording conveyances lost by fire.
  Whenever the record in the office of the clerk of the circuit court of any county in this state of any deed, conveyance, contract, mortgage, ...
• Florida Real And Personal Property Code Section 695.16; When mortgage or lien is destroyed.
  Whenever any mortgage or other lien required by law to be recorded, to be good and effectual against creditors or subsequent purchasers for a valuable ...
• Florida Real And Personal Property Code Section 695.17; United States deeds and patents may be recorded.
  Deeds and patents issued by the United States Government and photographic copies made by authority of said government from its records thereof in the general ...
• Florida Real And Personal Property Code Section 695.18; Indorsement by clerk.
  Upon recording said deed, patent or certified copy, the clerk of the court shall indorse thereon and also upon the record made by her or ...
• Florida Real And Personal Property Code Section 695.19; Certified copies of recorded instruments may be recorded.
  Certified copies of deeds, mortgages, powers of attorney and all other instruments of any kind which have been or may hereafter be duly recorded or ...
• Florida Real And Personal Property Code Section 695.20; Unperformed contracts of record.
  Whenever anyone shall have contracted to purchase real estate in the state, prior to January 1, 1930, by written agreement requiring all payments to be ...
• Florida Real And Personal Property Code Section 695.22; Daily schedule of deeds and conveyances filed for record to be furnished property appraiser.
  After October 1, 1945, the several clerks of the circuit courts shall keep and furnish to the respective county property appraisers in the counties where ...
• Florida Real And Personal Property Code Section 695.25; Short form of acknowledgment.
  The forms of acknowledgment set forth in this section may be used, and are sufficient for their respective purposes, under any law of this state. ...
• Florida Real And Personal Property Code Section 695.26; Requirements for recording instruments affecting real property.
  (1) No instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of shall be recorded ...
• Florida Real And Personal Property Code Section 696.01; Contracts for sale of realty must be acknowledged in order to be recorded.
  No contract, agreement, or other instrument purporting to contain an agreement to purchase or sell real estate shall be recorded in the public records of ...
• Florida Real And Personal Property Code Section 696.02; Assignments of contracts for sale of realty not entitled to record unless original is recorded or entitled to record.
  No assignment of any contract, agreement, or other instrument purporting to contain an agreement to purchase or sell real estate shall be recorded in any ...
• Florida Real And Personal Property Code Section 696.03; When agreement executed by agent or attorney may be recorded.
  No contract or agreement or other instrument purporting to contain an agreement to sell or purchase real estate, which has been executed by an agent ...
• Florida Real And Personal Property Code Section 696.04; What instruments affected by ss. 696.01-696.03.
  Sections 696.01-696.03 shall apply to all contracts and instruments, which had not been recorded on June 6, 1927; but nothing therein contained ...
• Florida Real And Personal Property Code Section 696.05; Photographic recording by clerk of circuit court.
  (1) In every county in this state, the clerk of the circuit court may record any and all instruments filed for record by photographic process, ...
• Florida Real And Personal Property Code Section 696.06; Photographic recording by county court judge.
  (1) In every county in the state, the county court judge may record any and all instruments filed for record by photographic process, this phrase ...
• Florida Real And Personal Property Code Section 697.01; Instruments deemed mortgages.
  (1) All conveyances, obligations conditioned or defeasible, bills of sale or other instruments of writing conveying or selling property, either real or personal, for the ...
• Florida Real And Personal Property Code Section 697.02; Nature of a mortgage.
  A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of ...
• Florida Real And Personal Property Code Section 697.03; Cooperative association mortgages.
  (1) Hereafter, any mortgage or other instrument given by a cooperative association for the purpose of creating a lien on real or personal property, or ...
• Florida Real And Personal Property Code Section 697.04; Future advances may be secured.
  (1)(a) Any mortgage or other instrument given for the purpose of creating a lien on real property, or on any interest in a leasehold ...
• Florida Real And Personal Property Code Section 697.05; Balloon mortgages; scope of law; definition; requirements as to contents; penalties for violations; exemptions.
  (1) Any conveyance, obligation conditioned or defeasible, bill of sale, or other instrument of writing conveying or selling real property for the purpose or with ...
• Florida Real And Personal Property Code Section 697.06; Prepayment of note.
  Any note which is silent as to the right of the obligor to prepay the note in advance of the stated maturity date may be ...
• Florida Real And Personal Property Code Section 697.07; Assignment of rents.
  (1) A mortgage or separate instrument may provide for an assignment of rents of real property or any interest therein as security for repayment of ...
• Florida Real And Personal Property Code Section 697.08; Equity skimming.
  (1) It is unlawful for any person, with intent to defraud the owner of real property, to engage in equity skimming, which is, to: (a) ...
• Florida Real And Personal Property Code Section 697.10; Liability for error in mortgage deed or note.
  In any action relating to real property, if the court shall find that any person has prepared an instrument which due to an inaccurate or ...
• Florida Real And Personal Property Code Section 698.01; To be recorded.
  No chattel mortgage shall be valid or effectual against creditors or subsequent purchasers for a valuable consideration and without notice unless it be recorded, or ...
• Florida Real And Personal Property Code Section 698.02; Acknowledgment.
  To entitle such mortgage to record, its execution must be acknowledged or proved in the manner provided for mortgages of real ...
• Florida Real And Personal Property Code Section 698.03; Power of sale may be included in certain mortgages; exercise of power.
  (1) In all mortgages to, or in favor of, the Government of the United States or any agencies thereunder making agricultural loans, or to secure ...
• Florida Real And Personal Property Code Section 698.04; Sale under power.
  In case of any sale of property under a power of sale as provided in s. 698.03, the sale may be conducted by the ...
• Florida Real And Personal Property Code Section 698.05; Remedy concurrent.
  Nothing in ss. 698.03 and 698.04 shall prevent the holder of any such mortgage from foreclosing such mortgage in equity; the remedy by ...
• Florida Real And Personal Property Code Section 698.08; Notice given by filing for record of chattel mortgages generally, to extend 7 years.
  (1) The notice given to third persons by the filing for record of any mortgage or other security instrument, except mortgages or other instruments given ...
• Florida Real And Personal Property Code Section 698.09; Extension of period of notice.
  The effect as to third persons of the filing of any such instrument for record, may, in all respects, including the preservation of priority thereof, ...
• Florida Real And Personal Property Code Section 698.11; Duties of clerk in connection with extension.
  The clerk of the circuit court shall file such affidavit, reindex the instrument mentioned therein, and enter on the index of such instrument a reference ...
• Florida Real And Personal Property Code Section 698.12; Chapter not applicable to transactions under Uniform Commercial Code.
  The provisions of this chapter shall not apply to transactions governed by any of the provisions of the Uniform Commercial Code, but shall remain applicable ...
• Florida Real And Personal Property Code Section 701.01; Assignment.
  Any mortgagee may assign and transfer any mortgage made to her or him, and the person to whom any mortgage may be assigned or transferred ...
• Florida Real And Personal Property Code Section 701.02; Assignment not effectual against creditors unless recorded and indicated in title of document; applicability.
  (1) An assignment of a mortgage upon real property or of any interest therein, is not good or effectual in law or equity, against creditors ...
• Florida Real And Personal Property Code Section 701.03; Cancellation.
  Whenever the amount of money due on any mortgage shall be fully paid, the mortgagee or assignee shall within 60 days thereafter cancel the same ...
• Florida Real And Personal Property Code Section 701.04; Cancellation of mortgages, liens, and judgments.
  (1) Within 14 days after receipt of the written request of a mortgagor, the holder of a mortgage shall deliver to the mortgagor at a ...
• Florida Real And Personal Property Code Section 701.041; Title insurer; mortgage release certificate.
  (1) DEFINITIONS.--For purposes of this section: (a) "Mortgage" means a mortgage or mortgage lien on an interest in real property in this state, including ...
• Florida Real And Personal Property Code Section 701.06; Certain cancellations and satisfactions of mortgages validated.
  All cancellations or satisfactions of mortgages made prior to the enactment of chapter 4138, Acts of 1893, by the mortgagee or assignee of record of ...
• Florida Real And Personal Property Code Section 702.01; Equity.
  All mortgages shall be foreclosed in equity. In a mortgage foreclosure action, the court shall sever for separate trial all counterclaims against the foreclosing mortgagee. ...
• Florida Real And Personal Property Code Section 702.03; Certain foreclosures validated.
  All mortgage foreclosures heretofore made, or now pending, wherein there has been annexed to the bill of complaint in such cause, an uncertified copy of ...
• Florida Real And Personal Property Code Section 702.035; Legal notice concerning foreclosure proceedings.
  Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of ...
• Florida Real And Personal Property Code Section 702.04; Mortgaged lands in different counties.
  When a mortgage includes lands, railroad track, right-of-way, or terminal facilities and station grounds, lying in two or more counties, it may be ...
• Florida Real And Personal Property Code Section 702.05; Mortgaged lands sold for taxes.
  Any person who has a lien by mortgage or otherwise upon lands sold for taxes may, within the time allowed by law for redemption, redeem ...
• Florida Real And Personal Property Code Section 702.06; Deficiency decree; common-law suit to recover deficiency.
  In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should ...
• Florida Real And Personal Property Code Section 702.065; Final judgment in uncontested proceedings where deficiency judgment waived; attorney's fees when default judgment entered.
  (1) In uncontested mortgage foreclosure proceedings in which the mortgagee waives the right to recoup any deficiency judgment, the court shall enter final judgment within ...
• Florida Real And Personal Property Code Section 702.07; Power of courts and judges to set aside foreclosure decrees at any time before sale.
  The circuit courts of this state, and the judges thereof at chambers, shall have jurisdiction, power, and authority to rescind, vacate, and set aside a ...
• Florida Real And Personal Property Code Section 702.08; Effect of setting aside foreclosure decree.
  Whenever a decree of foreclosure has been so rescinded, vacated, and set aside and the foreclosure proceedings dismissed as provided in s. 702.07, the ...
• Florida Real And Personal Property Code Section 702.09; Definitions.
  For the purposes of ss. 702.07 and 702.08 the words "decree of foreclosure" shall include a judgment or order rendered or passed in ...
• Florida Real And Personal Property Code Section 702.10; Order to show cause; entry of final judgment of foreclosure; payment during foreclosure.
  (1) After a complaint in a foreclosure proceeding has been filed, the mortgagee may request an order to show cause for the entry of final ...
• Florida Real And Personal Property Code Section 703.01; County commissioners authorized to require clerk to make abstracts.
  The county commissioners in and for any county of this state, whenever the said board deems it advisable, may require the clerk of the circuit ...
• Florida Real And Personal Property Code Section 703.02; Abstracts of real estate upon petition; service charge of clerk.
  Upon a petition of a majority of the registered voters of any county of this state, the board of county commissioners of said county, if ...
• Florida Real And Personal Property Code Section 703.03; What abstract to show.
  The said abstract books shall be so ruled and headed as to show the description of the property, the names of the grantors and grantees, ...
• Florida Real And Personal Property Code Section 703.04; Abstracting tax sales.
  Whenever the board of county commissioners deems it advisable, it shall have abstracted any or all of the tax sales relating to any real estate ...
• Florida Real And Personal Property Code Section 703.05; Service charge of clerk for furnishing abstract.
  When the records of the county have been abstracted, the service charge of the clerk for making an abstract shall be as provided in s. ...
• Florida Real And Personal Property Code Section 703.06; Board may purchase abstract books.
  Upon a petition of a majority of the registered voters of any county in this state, the board of county commissioners of said county, if ...
• Florida Real And Personal Property Code Section 703.07; Abstracts of records destroyed by fire; purchase of abstract books by county; proceedings.
  (1) When the records, or any material part thereof, in any county in this state, concerning the title to property have been heretofore destroyed by ...
• Florida Real And Personal Property Code Section 703.08; Copies of abstracts as evidence.
  The abstracts, copies, minutes, maps, and plats of said county purchased under the provisions of s. 703.07 shall thereupon be placed in the office ...
• Florida Real And Personal Property Code Section 703.09; Condemnation of abstracts by county when records have been destroyed.
  When the records, or any material part thereof, in any county in this state, concerning the title to property, have been destroyed by fire or ...
• Florida Real And Personal Property Code Section 703.10; Order to show cause; enjoining owners from removing abstracts beyond jurisdiction of court.
  Upon the presentation of such petition to such judge, she or he shall make an order requiring the owner or custodian of such abstracts, copies, ...
• Florida Real And Personal Property Code Section 703.11; Order granting petition; jury to assess compensation; copies of original abstracts.
  Upon the day fixed, or any day to which the hearing may be adjourned, if no person shall appear, or if no sufficient cause be ...
• Florida Real And Personal Property Code Section 703.13; Payment of compensation and delivery of abstracts; petitioner to pay cost.
  Upon the rendition of the verdict, the said judge shall make an order that, upon the payment into court for the use of the defendant, ...
• Florida Real And Personal Property Code Section 703.14; Penalty for failure to deliver abstracts.
  Any person or the officers of any corporation in possession of, or having under their control such abstracts, copies, minutes, extracts, maps, or plats who ...
• Florida Real And Personal Property Code Section 703.15; Abstracts acquired by condemnation.
  Upon the filing of such abstracts, copies, minutes, maps, or plats, or such copies thereof, in the office of the clerk of the circuit court ...
• Florida Real And Personal Property Code Section 703.17; Alteration of abstracts condemned by county for use of the public.
  Any person or persons making any erasure, alteration, interlineation, or interpolation in any abstracts, copies, minutes, extracts, maps, or plats, or in any copies thereof ...
• Florida Real And Personal Property Code Section 703.18; Refusing to make abstract.
  Any person or any employee thereof, who may be engaged in such business of making abstracts, writing, entries, or maps in any county in which ...
• Florida Real And Personal Property Code Section 703.19; Filing untrue copies of abstracts ordered filed for use of public.
  Any person making copies of abstracts, copies, minutes, extracts, maps, or plats, where copies are prayed for under the provisions of ss. 703.09-703....
• Florida Real And Personal Property Code Section 704.01; Common-law and statutory easements defined and determined.
  (1) IMPLIED GRANT OF WAY OF NECESSITY.--The common-law rule of an implied grant of a way of necessity is hereby recognized, specifically adopted, ...
• Florida Real And Personal Property Code Section 704.02; When lands enclosed, person using easement to maintain gates.
  When the land on which the statutory easement referred to in s. 704.01(2) shall be in use, or afterwards put to the use ...
• Florida Real And Personal Property Code Section 704.03; "Practicable" defined.
  For the purposes of this chapter the word "practicable," as used in s. 704.01, shall be held and construed to mean "without the use ...
• Florida Real And Personal Property Code Section 704.04; Judicial remedy and compensation to servient owner.
  When the owner or owners of such lands across which a statutory way of necessity under s. 704.01(2) is claimed, exclusive of the ...
• Florida Real And Personal Property Code Section 704.05; Easements and rights of entry.
  (1) The rights and interests in land which are subject to being extinguished by marketable record title pursuant to the provisions of s. 712.04 ...
• Florida Real And Personal Property Code Section 704.06; Conservation easements; creation; acquisition; enforcement.
  (1) As used in this section, "conservation easement" means a right or interest in real property which is appropriate to retaining land or water areas ...
• Florida Real And Personal Property Code Section 704.07; Solar easements; creation; remedies.
  (1) Easements obtained for the purpose of maintaining exposure of a solar energy device shall be created in writing and shall be subject to being ...
• Florida Real And Personal Property Code Section 704.08; Cemeteries; right of ingress and egress for visiting or maintenance.
  The relatives and descendants of any person buried in a cemetery shall have an easement for ingress and egress for the purpose of visiting the ...
• Florida Real And Personal Property Code Section 705.101; Definitions.
  As used in this chapter: (1) "Local government" means the board of county commissioners of a county or the commission or council of any municipality ...
• Florida Real And Personal Property Code Section 705.1015; County or municipal code inspectors or code enforcement officers; duties.
  Employees of a county or municipality whose duty it is to ensure code compliance or enforce codes and ordinances may be designated by the governing ...
• Florida Real And Personal Property Code Section 705.102; Reporting lost or abandoned property.
  (1) Whenever any person finds any lost or abandoned property, such person shall report the description and location of the property to a law enforcement ...
• Florida Real And Personal Property Code Section 705.103; Procedure for abandoned or lost property.
  (1) Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on public property and is of such nature ...
• Florida Real And Personal Property Code Section 705.104; Title to lost or abandoned property.
  (1) Title to lost or abandoned property is hereby vested in the finder upon the expiration of the 90-day custodial time period specified in ...
• Florida Real And Personal Property Code Section 705.105; Procedure regarding unclaimed evidence.
  (1) Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or clerk ...
• Florida Real And Personal Property Code Section 705.106; Recovery from person wrongfully in possession.
  Whenever any property described in this chapter, chapter 706, or chapter 707 is ascertained to be wrongfully withheld and the person in possession refuses to ...
• Florida Real And Personal Property Code Section 705.17; Exceptions.
  The provisions of ss. 705.101-705.106 of this chapter shall not be applied to any personal property lost or abandoned on the campus ...
• Florida Real And Personal Property Code Section 705.18; Disposal of personal property lost or abandoned on university or community college campuses or certain public-use airports; disposition of proceeds from sale thereof.
  (1) Whenever any lost or abandoned personal property shall be found on a campus of an institution in the State University System or a campus ...
• Florida Real And Personal Property Code Section 705.19; Abandonment of animals by owner; procedure for handling.
  (1) Any animal placed in the custody of a licensed veterinarian or bona fide boarding kennel for treatment, boarding, or other care, which shall be ...
• Florida Real And Personal Property Code Section 707.18; Owners of strayed animals may enter pasture of another to seek for same.
  It shall be lawful for the owner or owners of any cattle or other domestic animals or the agent or agents of said owners to ...
• Florida Real And Personal Property Code Section 707.19; Owner of strayed animals to notify owner of pasture of intention to enter.
  The owners of any cattle or other domestic animals or their agent or agents, desiring to enter any pasture of another for the purpose as ...
• Florida Real And Personal Property Code Section 707.20; Duty of owner of pasture to facilitate entry.
  The owner or owners, their agent or agents shall facilitate the entering into any pasture owned by them or controlled by their agent or agents ...
• Florida Real And Personal Property Code Section 707.21; Refusing entrance to pasture to seek strayed domestic animals.
  Any person or owner of any pasture, who refuses to allow entrance or who hinders any owner or owners of cattle or other domestic animals, ...
• Florida Real And Personal Property Code Section 708.05; Husband not liable for antenuptial debts of wife.
  The husband shall not be liable to pay the debts of the wife contracted before marriage, but the property of the wife shall be subject ...
• Florida Real And Personal Property Code Section 708.08; Married women's rights; separate property.
  (1) Every married woman is empowered to take charge of and manage and control her separate property, to contract and to be contracted with, to ...
• Florida Real And Personal Property Code Section 708.09; Married women's rights; agreements with husband, power of attorney, etc.
  Every married woman may enter into agreements and contracts with her husband, may become the partner of her husband or others, may give a power ...
• Florida Real And Personal Property Code Section 708.10; Married women's rights; construction of law.
  This law shall not be construed as: (1) Relieving a husband from any duty of supporting and maintaining his wife and children; (2) Abolishing estates ...
• Florida Real And Personal Property Code Section 709.01; Power of attorney; authority of nominee when principal dead.
  If any agent, constituted by power of attorney or other authority, shall do any act for his or her principal which would be lawful if ...
• Florida Real And Personal Property Code Section 709.015; Power of attorney; authority of agent when principal listed as missing.
  (1) The acts of an agent under a power of attorney or other authority shall be as valid and as binding on the principal or ...
• Florida Real And Personal Property Code Section 709.02; Power of appointment; method of release.
  Powers of appointment over any property, real, personal, intangible or mixed, may be released, in whole or in part, by a written instrument signed by ...
• Florida Real And Personal Property Code Section 709.03; Power of appointment; property held in trust.
  If property subject to a power of appointment is held in trust by a person, firm or corporation other than the donee or donees of ...
• Florida Real And Personal Property Code Section 709.04; Power of appointment; effect of release.
  Any power of appointment wholly released by a written instrument signed by the donee or donees of such power shall be, in legal effect, completely ...
• Florida Real And Personal Property Code Section 709.05; Powers of appointment; validation of prior releases.
  All releases, in whole or in part, of powers of appointment heretofore executed in a manner that conforms with the provisions of this law be ...
• Florida Real And Personal Property Code Section 709.06; Powers of appointment included in law.
  Powers of appointment referred to in this law shall include not only those recognized as such by general law but also those designated as such ...
• Florida Real And Personal Property Code Section 709.07; Power of appointment; effect of release on title to property.
  No such release, in whole or in part, of a power of appointment shall affect the title to property of any bona fide purchaser for ...
• Florida Real And Personal Property Code Section 709.08; Durable power of attorney.
  (1) CREATION OF DURABLE POWER OF ATTORNEY.--A durable power of attorney is a written power of attorney by which a principal designates another as ...
• Florida Real And Personal Property Code Section 709.11; Deployment-contingent power of attorney.
  A deployment-contingent power of attorney, which may be signed in advance and go into effect upon the deployment of the principal, shall be afforded ...
• Florida Real And Personal Property Code Section 710.101; Short title.
  This act may be cited as the "Florida Uniform Transfers to Minors ...
• Florida Real And Personal Property Code Section 710.102; Definitions.
  As used in this act, the term: (1) "Adult" means an individual who has attained the age of 21 years. (2) "Benefit plan" means a ...
• Florida Real And Personal Property Code Section 710.103; Scope and jurisdiction.
  (1) This act applies to a transfer that refers to this act in the designation under s. 710.111(1) by which the transfer is ...
• Florida Real And Personal Property Code Section 710.104; Nomination of custodian.
  (1) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian ...
• Florida Real And Personal Property Code Section 710.105; Transfer by gift or exercise of power of appointment.
  A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for ...
• Florida Real And Personal Property Code Section 710.106; Transfer authorized by will or trust.
  (1) A personal representative or trustee may make an irrevocable transfer pursuant to s. 710.111 to a custodian for the benefit of a minor ...
• Florida Real And Personal Property Code Section 710.107; Other transfer by fiduciary.
  (1) Subject to subsection (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the ...
• Florida Real And Personal Property Code Section 710.108; Transfer by obligor.
  (1) Subject to subsections (2) and (3), a person not subject to s. 710.106 or s. 710.107 who holds property, including, but not ...
• Florida Real And Personal Property Code Section 710.109; Receipt for custodial property.
  A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this ...
• Florida Real And Personal Property Code Section 710.111; Manner of creating custodial property and effecting transfer; designation of initial custodian; control.
  (1) Custodial property is created and a transfer is made whenever: (a) An uncertificated security or a certificated security in registered form is either: 1. ...
• Florida Real And Personal Property Code Section 710.112; Single custodianship.
  A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this act by ...
• Florida Real And Personal Property Code Section 710.113; Validity and effect of transfer.
  (1) The validity of a transfer made in a manner prescribed in this act is not affected by: (a) Failure of the transferor to comply ...
• Florida Real And Personal Property Code Section 710.114; Care of custodial property.
  (1) A custodian shall: (a) Take control of custodial property; (b) Register or record title to custodial property if appropriate; and (c) Collect, hold, manage, ...
• Florida Real And Personal Property Code Section 710.115; Powers of custodian.
  (1) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their ...
• Florida Real And Personal Property Code Section 710.116; Use of custodial property.
  (1) A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the ...
• Florida Real And Personal Property Code Section 710.117; Custodian's expenses, compensation, and bond.
  (1) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties. (2) Except for ...
• Florida Real And Personal Property Code Section 710.118; Exemption of third person from liability.
  A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make ...
• Florida Real And Personal Property Code Section 710.119; Liability to third persons.
  (1) A claim based on: (a) A contract entered into by a custodian acting in a custodial capacity; (b) An obligation arising from the ownership ...
• Florida Real And Personal Property Code Section 710.121; Renunciation, resignation, death, or removal of custodian; designation of successor custodian.
  (1) A person nominated under s. 710.104 or designated under s. 710.111 as custodian may decline to serve by delivering a valid disclaimer ...
• Florida Real And Personal Property Code Section 710.122; Accounting by and determination of liability of custodian.
  (1) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of ...
• Florida Real And Personal Property Code Section 710.123; Termination of custodianship.
  The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of: (1) ...
• Florida Real And Personal Property Code Section 710.124; Applicability.
  This act applies to a transfer within the scope of s. 710.103 made after October 1, 1985, if: (1) The transfer purports to have ...
• Florida Real And Personal Property Code Section 710.125; Effect on existing custodianships.
  (1) Any transfer of custodial property as now defined in this act made before October 1, 1985, is validated notwithstanding that there was no specific ...
• Florida Real And Personal Property Code Section 710.126; Uniformity of application and construction.
  This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act ...
• Florida Real And Personal Property Code Section 711.50; Short title.
  Sections 711.50-711.512 may be cited as the "Florida Uniform Transfer-on-Death Security Registration ...
• Florida Real And Personal Property Code Section 711.501; Definitions.
  In ss. 711.50-711.512, unless the context otherwise requires, the term: (1) "Beneficiary form" means a registration of a security which indicates the ...
• Florida Real And Personal Property Code Section 711.502; Registration in beneficiary form; sole or joint tenancy ownership.
  Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather ...
• Florida Real And Personal Property Code Section 711.503; Registration in beneficiary form; applicable law.
  A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of ...
• Florida Real And Personal Property Code Section 711.504; Origination of registration in beneficiary form.
  A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ...
• Florida Real And Personal Property Code Section 711.505; Form of registration in beneficiary form.
  Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD," or by the words "pay on death" or ...
• Florida Real And Personal Property Code Section 711.506; Effect of registration in beneficiary form.
  The designation of a transfer-on-death beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A ...
• Florida Real And Personal Property Code Section 711.507; Ownership on death of owner.
  On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the ...
• Florida Real And Personal Property Code Section 711.508; Protection of registering entity.
  (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary ...
• Florida Real And Personal Property Code Section 711.509; Nontestamentary transfer on death.
  (1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner ...
• Florida Real And Personal Property Code Section 711.51; Terms, conditions, and forms for registration.
  (1) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations ...
• Florida Real And Personal Property Code Section 711.511; Rules of construction.
  (1) Sections 711.50-711.512 shall be liberally construed and applied to promote their underlying purposes and policy and to make uniform the laws ...
• Florida Real And Personal Property Code Section 711.512; Application of ss. 711.50-711.512.
  Sections 711.50-711.512 apply to registrations of securities in beneficiary form made before, on, or after January 1, 1995, by decedents dying on ...
• Florida Real And Personal Property Code Section 712.01; Definitions.
  As used in this law: (1) The term "person" as used herein denotes singular or plural, natural or corporate, private or governmental, including the state ...
• Florida Real And Personal Property Code Section 712.02; Marketable record title; suspension of applicability.
  Any person having the legal capacity to own land in this state, who, alone or together with her or his predecessors in title, has been ...
• Florida Real And Personal Property Code Section 712.03; Exceptions to marketability.
  Such marketable record title shall not affect or extinguish the following rights: (1) Estates or interests, easements and use restrictions disclosed by and defects inherent ...
• Florida Real And Personal Property Code Section 712.04; Interests extinguished by marketable record title.
  Subject to the matters stated in s. 712.03, such marketable record title shall be free and clear of all estates, interests, claims, or charges ...
• Florida Real And Personal Property Code Section 712.05; Effect of filing notice.
  (1) Any person claiming an interest in land or a homeowners' association desiring to preserve any covenant or restriction may preserve and protect the same ...
• Florida Real And Personal Property Code Section 712.06; Contents of notice; recording and indexing.
  (1) To be effective, the notice referred to in s. 712.05 shall contain: (a) The name or description of the claimant or the homeowners' ...
• Florida Real And Personal Property Code Section 712.07; Limitations of actions and recording acts.
  Nothing contained in this law shall be construed to extend the period for the bringing of an action or for the doing of any other ...
• Florida Real And Personal Property Code Section 712.08; Filing false claim.
  No person shall use the privilege of filing notices hereunder for the purpose of asserting false or fictitious claims to land; and in any action ...
• Florida Real And Personal Property Code Section 712.09; Extension of 30-year period.
  If the 30-year period for filing notice under s. 712.05 shall have expired prior to July 1, 1965, such period shall be extended ...
• Florida Real And Personal Property Code Section 712.095; Notice required by July 1, 1983.
  Any person whose interest in land is derived from an instrument or court proceeding recorded subsequent to the root of title, which instrument or proceeding ...
• Florida Real And Personal Property Code Section 712.10; Law to be liberally construed.
  This law shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a ...
• Florida Real And Personal Property Code Section 713.001; Short title of part.
  This part may be cited as the "Construction Lien ...
• Florida Real And Personal Property Code Section 713.01; Definitions.
  As used in this part, the term: (1) "Abandoned property" means all tangible personal property that has been disposed of on public property in a ...
• Florida Real And Personal Property Code Section 713.015; Mandatory provisions for direct contracts.
  Any direct contract between an owner and a contractor, related to improvements to real property consisting of single or multiple family dwellings up to and ...
• Florida Real And Personal Property Code Section 713.02; Types of lienors and exemptions.
  (1) Persons performing the services described in s. 713.03 shall have rights to a lien on real property as provided in that section. (2) ...
• Florida Real And Personal Property Code Section 713.03; Liens for professional services.
  (1) Any person who performs services as architect, landscape architect, interior designer, engineer, or surveyor and mapper, subject to compliance with and the limitations imposed ...
• Florida Real And Personal Property Code Section 713.04; Subdivision improvements.
  (1) Any lienor who, regardless of privity, performs services or furnishes material to real property for the purpose of making it suitable as the site ...
• Florida Real And Personal Property Code Section 713.05; Liens of persons in privity.
  A materialman or laborer, either of whom is in privity with the owner, or a contractor who complies with the provisions of this part shall, ...
• Florida Real And Personal Property Code Section 713.06; Liens of persons not in privity; proper payments.
  (1) A materialman or laborer, either of whom is not in privity with the owner, or a subcontractor or sub-subcontractor who complies with the ...
• Florida Real And Personal Property Code Section 713.07; Priority of liens.
  (1) Liens under ss. 713.03 and 713.04 shall attach at the time of recordation of the claim of lien and shall take priority ...
• Florida Real And Personal Property Code Section 713.08; Claim of lien.
  (1) For the purpose of perfecting her or his lien under this part, every lienor, including laborers and persons in privity, shall record a claim ...
• Florida Real And Personal Property Code Section 713.09; Single claim of lien.
  A lienor is required to record only one claim of lien covering his or her entire demand against the real property when the amount demanded ...
• Florida Real And Personal Property Code Section 713.10; Extent of liens.
  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 ...
• Florida Real And Personal Property Code Section 713.11; Liens for improving land in which the contracting party has no interest.
  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 ...
• Florida Real And Personal Property Code Section 713.12; Liens for improving real property under contract with husband or wife on property of the other or of both.
  When the contract for improving real property is made with a husband or wife who is not separated and living apart from his or her ...
• Florida Real And Personal Property Code Section 713.13; Notice of commencement.
  (1)(a) Except for an improvement that is exempt pursuant to s. 713.02(5), an owner or the owner's authorized agent before actually ...
• Florida Real And Personal Property Code Section 713.132; Notice of termination.
  (1) An owner may terminate the period of effectiveness of a notice of commencement by executing, swearing to, and recording a notice of termination that ...
• Florida Real And Personal Property Code Section 713.135; Notice of commencement and applicability of lien.
  (1) When any person applies for a building permit, the authority issuing such permit shall: (a) Print on the face of each permit card in ...
• Florida Real And Personal Property Code Section 713.14; Application of money to materials account.
  (1) Any owner, contractor, subcontractor, or sub-subcontractor, in making any payment under, or properly applicable to, any contract to one with whom she or ...
• Florida Real And Personal Property Code Section 713.15; Repossession of materials not used.
  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 ...
• Florida Real And Personal Property Code Section 713.16; Demand for copy of contract and statements of account; form.
  (1) A copy of the contract of a lienor or owner and a statement of the amount due or to become due if fixed or ...
• Florida Real And Personal Property Code Section 713.165; Request for list of subcontractors and suppliers.
  (1) An owner of real property may request from the contractor a list of all subcontractors and suppliers who have any contract with the contractor ...
• Florida Real And Personal Property Code Section 713.17; Materials not attachable for debts of purchaser.
  Whenever materials have been furnished to improve real property and payment therefor has not been made or waived, such materials shall not be subject to ...
• Florida Real And Personal Property Code Section 713.18; Manner of serving notices and other instruments.
  (1) Service of notices, claims of lien, affidavits, assignments, and other instruments permitted or required under this part, or copies thereof when so permitted or ...
• Florida Real And Personal Property Code Section 713.19; Assignment of lien.
  A lien or prospective lien, except that of a laborer, may be assigned by the lienor at any time before its discharge. The assignment may ...
• Florida Real And Personal Property Code Section 713.20; Waiver or release of liens.
  (1) The acceptance by the lienor of an unsecured note for all or any part of the amount of his or her demand shall not ...
• Florida Real And Personal Property Code Section 713.21; Discharge of lien.
  A lien properly perfected under 1this chapter may be discharged by any of the following methods: (1) By entering satisfaction of the lien upon the ...
• Florida Real And Personal Property Code Section 713.22; Duration of lien.
  (1) No lien provided by this part shall continue for a longer period than 1 year after the claim of lien has been recorded, unless ...
• Florida Real And Personal Property Code Section 713.23; Payment bond.
  (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 ...
• Florida Real And Personal Property Code Section 713.235; Waivers of right to claim against payment bond; forms.
  (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 ...
• Florida Real And Personal Property Code Section 713.24; Transfer of liens to security.
  (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 ...
• Florida Real And Personal Property Code Section 713.245; Conditional payment bond.
  (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 ...
• Florida Real And Personal Property Code Section 713.25; Applicability of ch. 65-456.
  This act shall take effect on July 1, 1965, but shall not apply to any act required to be done within a time period which ...
• Florida Real And Personal Property Code Section 713.26; Redemption and sale.
  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 ...
• Florida Real And Personal Property Code Section 713.27; Interplead.
  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 ...
• Florida Real And Personal Property Code Section 713.28; Judgments in case of failure to establish liens; personal and deficiency judgments or decrees.
  (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 ...
• Florida Real And Personal Property Code Section 713.29; Attorney's fees.
  In any action brought to enforce a lien or to enforce a claim against a bond under this part, the prevailing party is entitled to ...
• Florida Real And Personal Property Code Section 713.30; Other actions not barred.
  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 ...
• Florida Real And Personal Property Code Section 713.31; Remedies in case of fraud or collusion.
  (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 ...
• Florida Real And Personal Property Code Section 713.32; Insurance proceeds liable for demands.
  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 ...
• Florida Real And Personal Property Code Section 713.33; Disbursing agent and others may rely on owner's notices.
  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, ...
• Florida Real And Personal Property Code Section 713.345; Moneys received for real property improvements; penalty for misapplication.
  (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 ...
• Florida Real And Personal Property Code Section 713.346; Payment on construction contracts.
  (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 ...
• Florida Real And Personal Property Code Section 713.3471; Lender responsibilities with construction loans.
  (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 ...
• Florida Real And Personal Property Code Section 713.35; Making or furnishing false statement.
  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 ...
• Florida Real And Personal Property Code Section 713.36; Effective date.
  Chapter 63-135 shall take effect at 12:01 a.m., October 1, 1963. The rights of all persons with respect to an improvement that ...
• Florida Real And Personal Property Code Section 713.37; Rule of construction.
  This part shall not be subject to a rule of liberal construction in favor of any person to whom it ...
• Florida Real And Personal Property Code Section 713.50; Liens upon property.
  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 ...
• Florida Real And Personal Property Code Section 713.56; Liens for labor on and with machines, etc.
  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 ...
• Florida Real And Personal Property Code Section 713.57; Liens for labor on logs and timber.
  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 ...
• Florida Real And Personal Property Code Section 713.58; Liens for labor or services on personal property.
  (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 ...
• Florida Real And Personal Property Code Section 713.585; Enforcement of lien by sale of motor vehicle.
  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 ...
• Florida Real And Personal Property Code Section 713.59; Liens for labor in raising crops.
  In favor of any person performing any labor in, or managing or overseeing, the cultivation or harvesting of crops; upon the crops cultivated or ...
• Florida Real And Personal Property Code Section 713.595; Liens for labor or services in ginning cotton.
  (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 ...
• Florida Real And Personal Property Code Section 713.596; Molder's liens.
  (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 ...
• Florida Real And Personal Property Code Section 713.60; Liens for labor on or for vessels.
  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 ...
• Florida Real And Personal Property Code Section 713.61; Liens for manufacturing and repairing articles.
  In favor of any person who shall manufacture, alter or repair any article or thing of value; upon such article or ...
• Florida Real And Personal Property Code Section 713.62; Liens for furnishing articles to be manufactured.
  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 ...
• Florida Real And Personal Property Code Section 713.63; Liens for furnishing locomotives, machinery, etc.
  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 ...
• Florida Real And Personal Property Code Section 713.64; Liens for furnishing material for vessels.
  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, ...
• Florida Real And Personal Property Code Section 713.65; Liens for care and maintenance of animals.
  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 ...
• Florida Real And Personal Property Code Section 713.655; Liens for professional services of veterinarians.
  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, ...
• Florida Real And Personal Property Code Section 713.66; Liens for feed, etc., for racehorses, polo ponies and race dogs.
  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 ...
• Florida Real And Personal Property Code Section 713.665; Liens for furnishing pest control.
  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 ...
• Florida Real And Personal Property Code Section 713.67; Liens for board, lodging, etc., at hotels, etc.
  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 ...
• Florida Real And Personal Property Code Section 713.68; Liens for hotels, apartment houses, roominghouses, boardinghouses, etc.
  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 ...
• Florida Real And Personal Property Code Section 713.69; Unlawful to remove property upon which lien has accrued.
  It is unlawful for any person to remove any property upon which a lien has accrued under the provisions of s. 713.68 from any ...
• Florida Real And Personal Property Code Section 713.691; Landlord's lien for rent; exemptions.
  (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 ...
• Florida Real And Personal Property Code Section 713.70; Lien for service of stallions and other animals.
  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 ...
• Florida Real And Personal Property Code Section 713.71; Liens for loans and advances.
  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 ...
• Florida Real And Personal Property Code Section 713.73; Priority of foregoing liens.
  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 ...
• Florida Real And Personal Property Code Section 713.74; Acquisition of liens by persons in privity with the owner.
  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 ...
• Florida Real And Personal Property Code Section 713.75; Acquisition of liens by persons not in privity with the owner.
  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 ...
• Florida Real And Personal Property Code Section 713.76; Release of lien by filing bond.
  (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 ...
• Florida Real And Personal Property Code Section 713.77; Liens of owners, operators, or keepers of mobile home or recreational vehicle parks; ejection of occupants.
  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 ...
• Florida Real And Personal Property Code Section 713.78; Liens for recovering, towing, or storing vehicles and vessels.
  (1) For the purposes of this section, the term: (a) "Vehicle" means any mobile item, whether motorized or not, which is mounted on wheels. (b) "...
• Florida Real And Personal Property Code Section 713.785; Liens for recovering, towing, or storing mobile homes.
  (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. (...
• Florida Real And Personal Property Code Section 713.79; Liens for interior design services.
  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, ...
• Florida Real And Personal Property Code Section 713.801; Definitions.
  As used in this part, the following terms shall have the following meanings unless the context clearly requires another meaning: (1) "Interest holder" means a ...
• Florida Real And Personal Property Code Section 713.803; Entitlement to lien.
  Any person who, under contract with an interest holder or operator, performs any labor or furnishes any material or service used or furnished to be ...
• Florida Real And Personal Property Code Section 713.805; Property subject to lien.
  Liens created under s. 713.803 shall extend to: (1) The leasehold interest or that portion thereof covered by an assignment, farmout agreement, or operating ...
• Florida Real And Personal Property Code Section 713.807; Subcontractors' lien.
  Any person who shall, under contract, perform any labor or furnish any material or service as a subcontractor under an original contractor, or for or ...
• Florida Real And Personal Property Code Section 713.809; Forfeiture or failure of title.
  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 ...
• Florida Real And Personal Property Code Section 713.811; Notice to purchasers of oil and gas.
  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 ...
• Florida Real And Personal Property Code Section 713.813; Liability of interest holder to subcontractors.
  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 ...
• Florida Real And Personal Property Code Section 713.815; Date lien arises.
  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 ...
• Florida Real And Personal Property Code Section 713.817; Parity of liens; exception.
  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 ...
• Florida Real And Personal Property Code Section 713.819; When single claim of lien sufficient.
  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, ...
• Florida Real And Personal Property Code Section 713.821; Claim of lien.
  The manner of perfecting a lien under this part shall be the same as that provided in s. 713....
• Florida Real And Personal Property Code Section 713.823; Release of lien by filing bond.
  Any lienee may release her or his property from any lien under this part in the manner provided by s. 713....
• Florida Real And Personal Property Code Section 713.825; Duration of lien.
  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 ...
• Florida Real And Personal Property Code Section 713.901; Florida Uniform Federal Lien Registration Act.
  (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 ...
• Florida Real And Personal Property Code Section 715.02; Prohibiting recovery from seller of forfeited deposit or down payment made by check, draft, or obligation refused through no fault of seller.
  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 ...
• Florida Real And Personal Property Code Section 715.03; Laundries and drycleaners; disposition of unclaimed articles.
  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 ...
• Florida Real And Personal Property Code Section 715.06; Real estate; exploration for minerals.
  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 ...
• Florida Real And Personal Property Code Section 715.065; Jewelry stores; television or radio repair stores; disposition of unclaimed articles.
  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 ...
• Florida Real And Personal Property Code Section 715.07; Vehicles or vessels parked on private property; towing.
  (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 ...
• Florida Real And Personal Property Code Section 715.10; Disposition of Personal Property Landlord and Tenant Act; short title.
  Sections 715.10-715.111 may be cited as the "Disposition of Personal Property Landlord and Tenant ...
• Florida Real And Personal Property Code Section 715.101; Application of ss. 715.10-715.111.
  (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 ...
• Florida Real And Personal Property Code Section 715.102; Definitions of terms used in ss. 715.10-715.111.
  As used in ss. 715.10-715.111, unless some other meaning is clearly indicated, the term: (1) "Landlord" means any operator, keeper, lessor, or ...
• Florida Real And Personal Property Code Section 715.103; Lost property.
  Personal property which the landlord reasonably believes to have been lost shall be disposed of as otherwise provided by law. However, if the appropriate law ...
• Florida Real And Personal Property Code Section 715.104; Notification of former tenant of personal property remaining on premises after tenancy has terminated.
  (1) When personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, through ...
• Florida Real And Personal Property Code Section 715.105; Form of notice concerning abandoned property to former tenant.
  (1) A notice to the former tenant which is in substantially the following form satisfies the requirements of s. 715.104: Notice of Right to ...
• Florida Real And Personal Property Code Section 715.106; Form of notice concerning abandoned property to owner other than former tenant.
  (1) A notice which is in substantially the following form given to a person who is not the former tenant and whom the landlord reasonably ...
• Florida Real And Personal Property Code Section 715.107; Storage of abandoned property.
  The personal property described in the notice either shall be left on the vacated premises or be stored by the landlord in a place of ...
• Florida Real And Personal Property Code Section 715.108; Release of personal property.
  (1) The personal property described in the notice shall be released by the landlord to the former tenant or, at the landlord's option, to ...
• Florida Real And Personal Property Code Section 715.109; Sale or disposition of abandoned property.
  (1) If the personal property described in the notice is not released pursuant to s. 715.108, it shall be sold at public sale by ...
• Florida Real And Personal Property Code Section 715.11; Nonliability of landlord after disposition of property.
  (1) Notwithstanding the provisions of s. 715.101, after the landlord releases to the former tenant property which remains on the premises after a tenancy ...
• Florida Real And Personal Property Code Section 715.111; Assessing costs of storage.
  (1) Costs of storage for which payment may be required under ss. 715.10-715.111 shall be assessed in the following manner: (a) When ...
• Florida Real And Personal Property Code Section 715.12; Construction Contract Prompt Payment Law.
  (1) This section may be cited as the "Construction Contract Prompt Payment Law." (2) This section applies only to written contracts to improve real property ...
• Florida Real And Personal Property Code Section 716.01; Declaration of policy.
  It is hereby declared to be the policy of the state, while protecting the interests of the owners thereof, to possess all unclaimed and abandoned ...
• Florida Real And Personal Property Code Section 716.02; Escheat of funds in the possession of federal agencies.
  All property within the provisions of subsections (1), (2), (3), (4) and (5), are declared to have escheated, or to escheat, including all principal and ...
• Florida Real And Personal Property Code Section 716.03; Department to institute proceedings to recover escheated property.
  When there exists, or may exist, escheated funds or property under this chapter, the Department of Financial Services shall demand or institute proceedings in the ...
• Florida Real And Personal Property Code Section 716.04; Jurisdiction.
  Whenever the Department of Financial Services is of the opinion an escheat has occurred, or shall occur, of any money or other property deposited in ...
• Florida Real And Personal Property Code Section 716.05; Money recovered to be paid into State Treasury.
  When any funds or property which has escheated within the meaning of this chapter has been recovered by the Department of Financial Services, the department ...
• Florida Real And Personal Property Code Section 716.06; Public records.
  All records in the office of the Chief Financial Officer or the Department of Financial Services relating to federal funds, pursuant to this chapter, shall ...
• Florida Real And Personal Property Code Section 716.07; Recovery of escheated property by claimant.
  (1) Any person who claims any property, funds, or money delivered to the Treasurer or Chief Financial Officer under this chapter, shall, within 5 years ...
• Florida Real And Personal Property Code Section 717.001; Short title.
  This chapter may be cited as the "Florida Disposition of Unclaimed Property ...
• Florida Real And Personal Property Code Section 717.101; Definitions.
  As used in this chapter, unless the context otherwise requires: (1) "Aggregate" means the amounts reported for owners of unclaimed property of less than $50 ...
• Florida Real And Personal Property Code Section 717.102; Property presumed unclaimed; general rule.
  (1) All intangible property, including any income or increment thereon less any lawful charges, that is held, issued, or owing in the ordinary course of ...
• Florida Real And Personal Property Code Section 717.103; General rules for taking custody of intangible unclaimed property.
  Unless otherwise provided in this chapter or by other statute of this state, intangible property is subject to the custody of the department as unclaimed ...
• Florida Real And Personal Property Code Section 717.1035; Property originated or issued by this state, any political subdivision of this state, or any entity incorporated, organized, created, or otherwise located in the state.
  (1) All intangible property, including, but not limited to, any interest, dividend, or other earnings thereon, less any lawful charges, held by a business association, ...
• Florida Real And Personal Property Code Section 717.104; Traveler's checks and money orders.
  (1) Subject to subsection (4), any sum payable on a traveler's check that has been outstanding for more than 15 years after its issuance ...
• Florida Real And Personal Property Code Section 717.105; Checks, drafts, and similar instruments issued or certified by banking and financial organizations.
  (1) Any sum payable on a check, draft, or similar instrument, except those subject to ss. 717.104 and 717.115, on which a banking ...
• Florida Real And Personal Property Code Section 717.106; Bank deposits and funds in financial organizations.
  (1) Any demand, savings, or matured time deposit with a banking or financial organization, including deposits that are automatically renewable, and any funds paid toward ...
• Florida Real And Personal Property Code Section 717.107; Funds owing under life insurance policies.
  (1) Funds held or owing under any life or endowment insurance policy or annuity contract which has matured or terminated are presumed unclaimed if unclaimed ...
• Florida Real And Personal Property Code Section 717.1071; Lost owners of unclaimed demutualization, rehabilitation, or related reorganization proceeds.
  (1) Property distributable in the course of a demutualization, rehabilitation, or related reorganization of an insurance company is deemed abandoned 2 years after the date ...
• Florida Real And Personal Property Code Section 717.108; Deposits held by utilities.
  Any deposit, including any interest thereon, made by a subscriber with a utility to secure payment or any sum paid in advance for utility services ...
• Florida Real And Personal Property Code Section 717.109; Refunds held by business associations.
  Except as otherwise provided by law, any sum that a business association has been ordered to refund by a court or administrative agency which has ...
• Florida Real And Personal Property Code Section 717.1101; Unclaimed equity and debt of business associations.
  (1)(a) Stock or other equity interest in a business association is presumed unclaimed 3 years after the earliest of: 1. The date of the ...
• Florida Real And Personal Property Code Section 717.111; Property of business associations held in course of dissolution.
  All intangible property distributable in the course of a voluntary or involuntary dissolution of a business association which is not claimed by the owner for ...
• Florida Real And Personal Property Code Section 717.112; Property held by agents and fiduciaries.
  (1) All intangible property and any income or increment thereon held in a fiduciary capacity for the benefit of another person is presumed unclaimed unless ...
• Florida Real And Personal Property Code Section 717.113; Property held by courts and public agencies.
  All intangible property held for the owner by any court, government or governmental subdivision or agency, public corporation, or public authority that has not been ...
• Florida Real And Personal Property Code Section 717.115; Wages.
  Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder's business that have not been claimed by ...
• Florida Real And Personal Property Code Section 717.116; Contents of safe-deposit box or other safekeeping repository.
  All tangible and intangible property held by a banking or financial organization in a safe-deposit box or any other safekeeping repository in this state ...
• Florida Real And Personal Property Code Section 717.117; Report of unclaimed property.
  (1) Every person holding funds or other property, tangible or intangible, presumed unclaimed and subject to custody as unclaimed property under this chapter shall report ...
• Florida Real And Personal Property Code Section 717.118; Notification of apparent owners of unclaimed property.
  (1) It is specifically recognized that the state has an obligation to make an effort to notify owners of unclaimed property in a cost-effective ...
• Florida Real And Personal Property Code Section 717.119; Payment or delivery of unclaimed property.
  (1) Every person who is required to file a report under s. 717.117 shall simultaneously pay or deliver to the department all unclaimed property ...
• Florida Real And Personal Property Code Section 717.1201; Custody by state; holder relieved from liability; reimbursement of holder paying claim; reclaiming for owner; defense of holder; payment of safe-deposit box or repository charges.
  (1) Upon the payment or delivery of property to the department, the state assumes custody and responsibility for the safekeeping of property. Any person who ...
• Florida Real And Personal Property Code Section 717.121; Crediting of dividends, interest, or increments to owner's account.
  Whenever property other than money is paid or delivered to the department under this chapter, the owner is entitled to receive from the department any ...
• Florida Real And Personal Property Code Section 717.122; Public sale of unclaimed property.
  (1) Except as provided in paragraph (2)(a), the department after the receipt of unclaimed property shall sell it to the highest bidder at public ...
• Florida Real And Personal Property Code Section 717.123; Deposit of funds.
  (1) All funds received under this chapter, including the proceeds from the sale of unclaimed property under s. 717.122, shall forthwith be deposited by ...
• Florida Real And Personal Property Code Section 717.124; Unclaimed property claims.
  (1) Any person, excluding another state, claiming an interest in any property paid or delivered to the department under this chapter may file with the ...
• Florida Real And Personal Property Code Section 717.12403; Unclaimed demand, savings, or checking account in a financial institution held in the name of more than one person.
  (1)(a) If an unclaimed demand, savings, or checking account in a financial institution is reported as an "and" account in the name of two ...
• Florida Real And Personal Property Code Section 717.12404; Claims on behalf of a business entity or trust.
  (1)(a) Claims on behalf of an active or dissolved corporation, for which the last annual report is not available from the Department of State ...
• Florida Real And Personal Property Code Section 717.12405; Claims by estates.
  An estate or any person representing an estate or acting on behalf of an estate may claim unclaimed property only after the heir or legatee ...
• Florida Real And Personal Property Code Section 717.12406; Joint ownership of unclaimed securities or dividends.
  For the purpose of determining joint ownership of unclaimed securities or dividends, the term: (1) "TEN COM" means tenants in common. (2) "TEN ENT" means ...
• Florida Real And Personal Property Code Section 717.1241; Conflicting claims.
  (1) When conflicting claims have been received by the department for the same unclaimed property account or accounts, the property shall be remitted in accordance ...
• Florida Real And Personal Property Code Section 717.1242; Restatement of jurisdiction of the circuit court sitting in probate and the department.
  (1) It is and has been the intent of the Legislature that, pursuant to s. 26.012(2)(b), circuit courts have jurisdiction of proceedings ...
• Florida Real And Personal Property Code Section 717.1243; Small estate accounts.
  (1) A claim for unclaimed property made by a beneficiary, as defined in s. 731.201, of a deceased owner need not be accompanied by ...
• Florida Real And Personal Property Code Section 717.1244; Determinations of unclaimed property claims.
  In rendering a determination regarding the merits of an unclaimed property claim, the department shall rely on the applicable statutory, regulatory, common, and case law. ...
• Florida Real And Personal Property Code Section 717.1245; Garnishment of unclaimed property.
  If any person files a petition for writ of garnishment seeking to obtain property paid or delivered to the department under this chapter, the petitioner ...
• Florida Real And Personal Property Code Section 717.125; Claim of another state to recover property; procedure.
  (1) At any time after property has been paid or delivered to the department under this chapter, another state may recover the property if: (a) ...
• Florida Real And Personal Property Code Section 717.126; Administrative hearing; burden of proof; proof of entitlement; venue.
  (1) Any person aggrieved by a decision of the department may petition for a hearing as provided in ss. 120.569 and 120.57. In ...
• Florida Real And Personal Property Code Section 717.1261; Death certificates.
  Any person who claims entitlement to unclaimed property by means of the death of one or more persons shall file a copy of the death ...
• Florida Real And Personal Property Code Section 717.1262; Court documents.
  Any person who claims entitlement to unclaimed property by reason of a court document shall file a certified copy of the court document with the ...
• Florida Real And Personal Property Code Section 717.127; Election to take payment or delivery.
  The department may decline to receive any property reported under this chapter that the department considers to have a value less than the expense of ...
• Florida Real And Personal Property Code Section 717.128; Destruction or disposition of property having insubstantial commercial value; immunity from liability.
  If the department after investigation finds that any property delivered under this chapter has insubstantial commercial value, the department may destroy or otherwise dispose of ...
• Florida Real And Personal Property Code Section 717.129; Periods of limitation.
  (1) The expiration before or after July 1, 1987, of any period of time specified by contract, statute, or court order, during which a claim ...
• Florida Real And Personal Property Code Section 717.1301; Investigations; examinations; subpoenas.
  (1) The department may make investigations and examinations within or outside this state of claims, reports, and other records as it deems necessary to administer ...
• Florida Real And Personal Property Code Section 717.1311; Retention of records.
  (1) Every holder required to file a report under s. 717.117 shall maintain a record of the specific type of property, amount, name, and ...
• Florida Real And Personal Property Code Section 717.1315; Retention of records by claimant's representatives and buyers of unclaimed property.
  (1) Every claimant's representative and buyer of unclaimed property shall keep and use in his or her business such books, accounts, and records of ...
• Florida Real And Personal Property Code Section 717.132; Enforcement; cease and desist orders; fines.
  (1) The department may bring an action in any court of competent jurisdiction to enforce or administer any provision of this chapter, any rule or ...
• Florida Real And Personal Property Code Section 717.1322; Administrative and civil enforcement.
  (1) The following acts are violations of this chapter and constitute grounds for an administrative enforcement action by the department in accordance with the requirements ...
• Florida Real And Personal Property Code Section 717.1323; Prohibited practice.
  No person may knowingly enter false information onto the Internet website of the Bureau of Unclaimed ...
• Florida Real And Personal Property Code Section 717.133; Interstate agreements and cooperation; joint and reciprocal actions with other states.
  (1) The department may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine ...
• Florida Real And Personal Property Code Section 717.1331; Actions against holders.
  The department may initiate, or cause to be initiated, an action against a holder to enforce a subpoena or recover unclaimed property. If the department ...
• Florida Real And Personal Property Code Section 717.1333; Evidence; estimations; audit reports, examiner's worksheets, investigative reports, other related documents.
  (1) In any proceeding involving a holder under ss. 120.569 and 120.57 in which an auditor, examiner, or investigator acting under authority of ...
• Florida Real And Personal Property Code Section 717.134; Penalties and interest.
  (1) The department may impose and collect a penalty of $500 per day up to a maximum of $5,000 and 25 percent of the ...
• Florida Real And Personal Property Code Section 717.1341; Invalid claims, recovery of property, interest and penalties.
  (1)(a) No person shall receive unclaimed property that the person is not entitled to receive. Any person who receives, or assists another person to ...
• Florida Real And Personal Property Code Section 717.135; Power of attorney to recover reported property in the custody of the department.
  (1) A power of attorney executed by a claimant to a claimant's representative for compensation to recover or assist in the recovery of property ...
• Florida Real And Personal Property Code Section 717.1351; Acquisition of unclaimed property.
  (1) A person desiring to acquire ownership of or entitlement to property reported to the department under s. 717.117 must be an attorney licensed ...
• Florida Real And Personal Property Code Section 717.1355; Theme park and entertainment complex tickets.
  This chapter does not apply to any tickets for admission to a theme park or entertainment complex as defined in s. 509.013(9), or ...
• Florida Real And Personal Property Code Section 717.136; Foreign transactions.
  This chapter does not apply to any property held, due, and owing in a foreign country and arising out of foreign ...
• Florida Real And Personal Property Code Section 717.138; Rulemaking authority.
  The department shall administer and provide for the enforcement of this chapter. The department has authority to adopt rules pursuant to ss. 120.536(1) ...
• Florida Real And Personal Property Code Section 717.1381; Void unclaimed property powers of attorney and purchase agreements.
  (1) Protecting the interests of owners of unclaimed property is declared to be the public policy of this state. It is in the best interests ...
• Florida Real And Personal Property Code Section 717.139; Uniformity of application and construction.
  This chapter shall be applied and construed as to effectuate its general purpose of protecting the interest of missing owners of property, while providing that ...
• Florida Real And Personal Property Code Section 717.1400; Registration.
  (1) In order to file claims as a claimant's representative, acquire ownership of or entitlement to unclaimed property, receive a distribution of fees and ...
• Florida Real And Personal Property Code Section 717.1401; Repeal.
  This chapter shall not repeal, but shall be additional and supplemental to the existing provisions of ss. 43.18, 43.19, and 402.17 and ...
• Florida Real And Personal Property Code Section 718.101; Short title.
  This chapter shall be known and may be cited as the "Condominium ...
• Florida Real And Personal Property Code Section 718.102; Purposes.
  The purpose of this chapter is: (1) To give statutory recognition to the condominium form of ownership of real property. (2) To establish procedures for ...
• Florida Real And Personal Property Code Section 718.103; Definitions.
  As used in this chapter, the term: (1) "Assessment" means a share of the funds which are required for the payment of common expenses, which ...
• Florida Real And Personal Property Code Section 718.1035; Power of attorney; compliance with chapter.
  The use of a power of attorney that affects any aspect of the operation of a condominium shall be subject to and in compliance with ...
• Florida Real And Personal Property Code Section 718.104; Creation of condominiums; contents of declaration.
  Every condominium created in this state shall be created pursuant to this chapter. (1) A condominium may be created on land owned in fee simple ...
• Florida Real And Personal Property Code Section 718.1045; Timeshare estates; limitation on creation.
  No timeshare estates shall be created with respect to any condominium unit except pursuant to provisions in the declaration expressly permitting the creation of such ...
• Florida Real And Personal Property Code Section 718.105; Recording of declaration.
  (1) When executed as required by s. 718.104, a declaration together with all exhibits and all amendments is entitled to recordation as an agreement ...
• Florida Real And Personal Property Code Section 718.106; Condominium parcels; appurtenances; possession and enjoyment.
  (1) A condominium parcel created by the declaration is a separate parcel of real property, even though the condominium is created on a leasehold. (2) ...
• Florida Real And Personal Property Code Section 718.107; Restraint upon separation and partition of common elements.
  (1) The undivided share in the common elements which is appurtenant to a unit shall not be separated from it and shall pass with the ...
• Florida Real And Personal Property Code Section 718.108; Common elements.
  (1) "Common elements" includes within its meaning the following: (a) The condominium property which is not included within the units. (b) Easements through units for ...
• Florida Real And Personal Property Code Section 718.1085; Certain regulations not to be retroactively applied.
  Notwithstanding the provisions of chapter 633 or of any other code, statute, ordinance, administrative rule, or regulation, or any interpretation thereof, an association, condominium, or ...
• Florida Real And Personal Property Code Section 718.109; Legal description of condominium parcels.
  Following the recording of the declaration, a description of a condominium parcel by the number or other designation by which the unit is identified in ...
• Florida Real And Personal Property Code Section 718.110; Amendment of declaration; correction of error or omission in declaration by circuit court.
  (1)(a) If the declaration fails to provide a method of amendment, the declaration may be amended as to all matters except those described in ...
• Florida Real And Personal Property Code Section 718.111; The association.
  (1) CORPORATE ENTITY.-- (a) The operation of the condominium shall be by the association, which must be a Florida corporation for profit or a Florida ...
• Florida Real And Personal Property Code Section 718.112; Bylaws.
  (1) GENERALLY.-- (a) The operation of the association shall be governed by the articles of incorporation if the association is incorporated, and the bylaws of ...
• Florida Real And Personal Property Code Section 718.1124; Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner.
  If an association fails to fill vacancies on the board of administration sufficient to constitute a quorum in accordance with the bylaws, any unit owner ...
• Florida Real And Personal Property Code Section 718.113; Maintenance; limitation upon improvement; display of flag; hurricane shutters.
  (1) Maintenance of the common elements is the responsibility of the association. The declaration may provide that certain limited common elements shall be maintained by ...
• Florida Real And Personal Property Code Section 718.114; Association powers.
  An association has the power to enter into agreements, to acquire leaseholds, memberships, and other possessory or use interests in lands or facilities such as ...
• Florida Real And Personal Property Code Section 718.115; Common expenses and common surplus.
  (1)(a) Common expenses include the expenses of the operation, maintenance, repair, replacement, or protection of the common elements and association property, costs of carrying ...
• Florida Real And Personal Property Code Section 718.116; Assessments; liability; lien and priority; interest; collection.
  (1)(a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed ...
• Florida Real And Personal Property Code Section 718.117; Termination.
  (1) Unless otherwise provided in the declaration, the condominium property may be removed from the provisions of this chapter only by consent of all of ...
• Florida Real And Personal Property Code Section 718.118; Equitable relief.
  In the event of substantial damage to or destruction of all or a substantial part of the condominium property, and if the property is not ...
• Florida Real And Personal Property Code Section 718.119; Limitation of liability.
  (1) The liability of the owner of a unit for common expenses is limited to the amounts for which he or she is assessed for ...
• Florida Real And Personal Property Code Section 718.120; Separate taxation of condominium parcels; survival of declaration after tax sale; assessment of timeshare estates.
  (1) Ad valorem taxes, benefit taxes, and special assessments by taxing authorities shall be assessed against the condominium parcels and not upon the condominium property ...
• Florida Real And Personal Property Code Section 718.121; Liens.
  (1) Subsequent to recording the declaration and while the property remains subject to the declaration, no liens of any nature are valid against the condominium ...
• Florida Real And Personal Property Code Section 718.122; Unconscionability of certain leases; rebuttable presumption.
  (1) A lease pertaining to use by condominium unit owners of recreational or other common facilities, irrespective of the date on which such lease was ...
• Florida Real And Personal Property Code Section 718.1225; Federal Condominium and Cooperative Abuse Relief Act of 1980; applicability.
  It is the intent of the Legislature that the provisions of Title VI of Pub. L. No. 96-399, other than the exceptions stated in ...
• Florida Real And Personal Property Code Section 718.123; Right of owners to peaceably assemble.
  (1) All common elements, common areas, and recreational facilities serving any condominium shall be available to unit owners in the condominium or condominiums served thereby ...
• Florida Real And Personal Property Code Section 718.1232; Cable television service; resident's right to access without extra charge.
  No resident of any condominium dwelling unit, whether tenant or owner, shall be denied access to any available franchised or licensed cable television service, nor ...
• Florida Real And Personal Property Code Section 718.124; Limitation on actions by association.
  The statute of limitations for any actions in law or equity which a condominium association or a cooperative association may have shall not begin to ...
• Florida Real And Personal Property Code Section 718.125; Attorney's fees.
  If a contract or lease between a condominium unit owner or association and a developer contains a provision allowing attorney's fees to the developer, ...
• Florida Real And Personal Property Code Section 718.1255; Alternative dispute resolution; voluntary mediation; mandatory nonbinding arbitration; legislative findings.
  (1) DEFINITIONS.--As used in this section, the term "dispute" means any disagreement between two or more parties that involves: (a) The authority of the ...
• Florida Real And Personal Property Code Section 718.1256; Condominiums as residential property.
  For the purpose of property and casualty insurance risk classification, condominiums shall be classed as residential ...
• Florida Real And Personal Property Code Section 718.202; Sales or reservation deposits prior to closing.
  (1) If a developer contracts to sell a condominium parcel and the construction, furnishing, and landscaping of the property submitted or proposed to be submitted ...
• Florida Real And Personal Property Code Section 718.203; Warranties.
  (1) The developer shall be deemed to have granted to the purchaser of each unit an implied warranty of fitness and merchantability for the purposes ...
• Florida Real And Personal Property Code Section 718.301; Transfer of association control; claims of defect by association.
  (1) When unit owners other than the developer own 15 percent or more of the units in a condominium that will be operated ultimately by ...
• Florida Real And Personal Property Code Section 718.302; Agreements entered into by the association.
  (1) Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association prior to assumption of control ...
• Florida Real And Personal Property Code Section 718.3025; Agreements for operation, maintenance, or management of condominiums; specific requirements.
  (1) No written contract between a party contracting to provide maintenance or management services and an association which contract provides for operation, maintenance, or management ...
• Florida Real And Personal Property Code Section 718.3026; Contracts for products and services; in writing; bids; exceptions.
  Associations with less than 100 units may opt out of the provisions of this section if two-thirds of the unit owners vote to do ...
• Florida Real And Personal Property Code Section 718.303; Obligations of owners; waiver; levy of fine against unit by association.
  (1) Each unit owner, each tenant and other invitee, and each association shall be governed by, and shall comply with the provisions of, this chapter, ...
• Florida Real And Personal Property Code Section 718.401; Leaseholds.
  (1) A condominium may be created on lands held under lease or may include recreational facilities or other common elements or commonly used facilities on ...
• Florida Real And Personal Property Code Section 718.4015; Condominium leases; escalation clauses.
  (1) It is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in land leases or other leases ...
• Florida Real And Personal Property Code Section 718.402; Conversion of existing improvements to condominium.
  A developer may create a condominium by converting existing, previously occupied improvements to such ownership by complying with part I of this chapter. A developer ...
• Florida Real And Personal Property Code Section 718.403; Phase condominiums.
  (1) Notwithstanding the provisions of s. 718.110, a developer may develop a condominium in phases, if the original declaration of condominium submitting the initial ...
• Florida Real And Personal Property Code Section 718.404; Mixed-use condominiums.
  When a condominium consists of both residential and commercial units, the following provisions shall apply: (1) The condominium documents shall not provide that the owner ...
• Florida Real And Personal Property Code Section 718.405; Multicondominiums; multicondominium associations.
  (1) An association may operate more than one condominium. For multicondominiums created on or after July 1, 2000, the declaration for each condominium to be ...
• Florida Real And Personal Property Code Section 718.501; Powers and duties of Division of Florida Land Sales, Condominiums, and Mobile Homes.
  (1) The Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business and Professional Regulation, referred to as the "division" in ...
• Florida Real And Personal Property Code Section 718.5011; Ombudsman; appointment; administration.
  (1) There is created an Office of the Condominium Ombudsman, to be located for administrative purposes within the Division of Florida Land Sales, Condominiums, and ...
• Florida Real And Personal Property Code Section 718.5012; Ombudsman; powers and duties.
  The ombudsman shall have the powers that are necessary to carry out the duties of his or her office, including the following specific powers: (1) ...
• Florida Real And Personal Property Code Section 718.5014; Ombudsman location.
  The ombudsman shall maintain his or her principal office in Leon County on the premises of the division or, if suitable space cannot be provided ...
• Florida Real And Personal Property Code Section 718.50151; Advisory council; membership functions.
  (1) There is created the Advisory Council on Condominiums. The council shall consist of seven appointed members. Two members shall be appointed by the President ...
• Florida Real And Personal Property Code Section 718.502; Filing prior to sale or lease.
  (1)(a) A developer of a residential condominium or mixed-use condominium shall file with the division one copy of each of the documents and ...
• Florida Real And Personal Property Code Section 718.503; Developer disclosure prior to sale; nondeveloper unit owner disclosure prior to sale; voidability.
  (1) DEVELOPER DISCLOSURE.-- (a) Contents of contracts.--Any contract for the sale of a residential unit or a lease thereof for an unexpired term of ...
• Florida Real And Personal Property Code Section 718.504; Prospectus or offering circular.
  Every developer of a residential condominium which contains more than 20 residential units, or which is part of a group of residential condominiums which will ...
• Florida Real And Personal Property Code Section 718.505; Good faith effort to comply.
  If a developer, in good faith, has attempted to comply with the requirements of this part, and if, in fact, he or she has substantially ...
• Florida Real And Personal Property Code Section 718.506; Publication of false and misleading information.
  (1) Any person who, in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from ...
• Florida Real And Personal Property Code Section 718.507; Zoning and building laws, ordinances, and regulations.
  All laws, ordinances, and regulations concerning buildings or zoning shall be construed and applied with reference to the nature and use of such property, without ...
• Florida Real And Personal Property Code Section 718.508; Regulation by Division of Hotels and Restaurants.
  In addition to the authority, regulation, or control exercised by the Division of Florida Land Sales, Condominiums, and Mobile Homes pursuant to this act with ...
• Florida Real And Personal Property Code Section 718.509; Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund.
  All funds collected by the division and any amount paid for a fee or penalty under this chapter shall be deposited in the State Treasury ...
• Florida Real And Personal Property Code Section 718.604; Short title.
  This part shall be known and may be cited as the "Roth Act" in memory of Mr. James S. Roth, Director, Division of Florida Land ...
• Florida Real And Personal Property Code Section 718.606; Conversion of existing improvements to condominium; rental agreements.
  When existing improvements are converted to ownership as a residential condominium: (1)(a) Each residential tenant who has resided in the existing improvements for at ...
• Florida Real And Personal Property Code Section 718.608; Notice of intended conversion; time of delivery; content.
  (1) Prior to or simultaneous with the first offering of individual units to any person, each developer shall deliver a notice of intended conversion to ...
• Florida Real And Personal Property Code Section 718.61; Notices.
  (1) All notices from tenants to a developer shall be deemed given when deposited in the United States mail, addressed to the developer's address ...
• Florida Real And Personal Property Code Section 718.612; Right of first refusal.
  (1) Each tenant, who for the 180 days preceding a notice of intended conversion has been a residential tenant of the existing improvements, shall have ...
• Florida Real And Personal Property Code Section 718.614; Economic information to be provided.
  The developer shall distribute to tenants having a right of first refusal, if any: (1) Information in summary form regarding mortgage financing; estimated down payment; ...
• Florida Real And Personal Property Code Section 718.616; Disclosure of condition of building and estimated replacement costs and notification of municipalities.
  (1) Each developer of a residential condominium created by converting existing, previously occupied improvements to such form of ownership shall disclose the condition of the ...
• Florida Real And Personal Property Code Section 718.618; Converter reserve accounts; warranties.
  (1) When existing improvements are converted to ownership as a residential condominium, the developer shall establish reserve accounts for capital expenditures and deferred maintenance, or ...
• Florida Real And Personal Property Code Section 718.62; Prohibition of discrimination against nonpurchasing tenants.
  When existing improvements are converted to condominium, tenants who have not purchased a unit in the condominium being created shall, during the remaining term of ...
• Florida Real And Personal Property Code Section 718.621; Rulemaking authority.
  The division is authorized to adopt rules pursuant to the Administrative Procedure Act to administer and ensure compliance with developers' obligations with respect to condominium ...
• Florida Real And Personal Property Code Section 718.622; Saving clause.
  (1) All notices of intended conversion given subsequent to the effective date of this part shall be subject to the requirements of ss. 718.606, ...
• Florida Real And Personal Property Code Section 719.101; Short title.
  This chapter shall be known and may be cited as the "Cooperative ...
• Florida Real And Personal Property Code Section 719.102; Purpose.
  The purpose of this chapter is to give statutory recognition to the cooperative form of ownership of real property. It shall not be construed as ...
• Florida Real And Personal Property Code Section 719.103; Definitions.
  As used in this chapter: (1) "Assessment" means a share of the funds required for the payment of common expenses, which from time to time ...
• Florida Real And Personal Property Code Section 719.1035; Creation of cooperatives.
  (1) The date when cooperative existence shall commence is upon commencement of corporate existence of the cooperative association as provided in s. 607.0203. The ...
• Florida Real And Personal Property Code Section 719.104; Cooperatives; access to units; records; financial reports; assessments; purchase of leases.
  (1) RIGHT OF ACCESS TO UNITS.--The association has the irrevocable right of access to each unit from time to time during reasonable hours when ...
• Florida Real And Personal Property Code Section 719.105; Cooperative parcels; appurtenances; possession and enjoyment.
  (1) Each cooperative parcel has, as appurtenances thereto: (a) Evidence of membership, ownership of shares, or other interest in the association with the full voting ...
• Florida Real And Personal Property Code Section 719.1055; Amendment of cooperative documents; alteration and acquisition of property.
  (1) Unless otherwise provided in the original cooperative documents, no amendment thereto may change the configuration or size of any cooperative unit in any material ...
• Florida Real And Personal Property Code Section 719.106; Bylaws; cooperative ownership.
  (1) MANDATORY PROVISIONS.--The bylaws or other cooperative documents shall provide for the following, and if they do not, they shall be deemed to include ...
• Florida Real And Personal Property Code Section 719.1064; Failure to fill vacancies on board of administration; appointment of receiver upon petition of unit owner.
  If an association fails to fill vacancies on the board of administration sufficient to constitute a quorum in accordance with the bylaws, any unit owner ...
• Florida Real And Personal Property Code Section 719.1065; Power of attorney; compliance with chapter.
  The use of a power of attorney that affects any aspect of the operation of a cooperative shall be subject to and in compliance with ...
• Florida Real And Personal Property Code Section 719.107; Common expenses; assessment.
  (1)(a) Common expenses include the expenses of the operation, maintenance, repair, or replacement of the cooperative property; costs of carrying out the powers and ...
• Florida Real And Personal Property Code Section 719.108; Rents and assessments; liability; lien and priority; interest; collection; cooperative ownership.
  (1) A unit owner, regardless of how title is acquired, including, without limitation, a purchaser at a judicial sale, shall be liable for all rents ...
• Florida Real And Personal Property Code Section 719.109; Right of owners to peaceably assemble.
  (1) All common areas and recreational facilities serving any cooperative shall be available to unit owners in the cooperative or cooperatives served thereby and their ...
• Florida Real And Personal Property Code Section 719.110; Limitation on actions by association.
  The statute of limitations for any actions in law or equity which a cooperative association may have shall not begin to run until the unit ...
• Florida Real And Personal Property Code Section 719.111; Attorney's fees.
  If a contract or lease between a cooperative unit owner or association and a developer contains a provision allowing attorney's fees to the developer, ...
• Florida Real And Personal Property Code Section 719.112; Unconscionability of certain leases; rebuttable presumption.
  (1) The Legislature expressly finds that many leases involving use of recreational or other common facilities by residents of cooperatives were entered into by parties ...
• Florida Real And Personal Property Code Section 719.114; Separate taxation of cooperative parcels; survival of contractual provisions after tax sale.
  (1) Ad valorem taxes and special assessments by taxing authorities shall be assessed against the cooperative parcels and not upon the cooperative property as a ...
• Florida Real And Personal Property Code Section 719.115; Limitation of liability.
  (1) The liability of the owner of a unit for common expenses is limited to the amounts for which he or she is assessed for ...
• Florida Real And Personal Property Code Section 719.1255; Alternative resolution of disputes.
  The Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business and Professional Regulation shall provide for alternative dispute resolution in ...
• Florida Real And Personal Property Code Section 719.202; Sales or reservation deposits prior to closing.
  (1) If a developer contracts to sell a cooperative parcel and the construction, furnishing, and landscaping of the property submitted or proposed to be submitted ...
• Florida Real And Personal Property Code Section 719.203; Warranties.
  (1) The developer shall be deemed to have granted to the purchaser of each parcel an implied warranty of fitness and merchantability for the purposes ...
• Florida Real And Personal Property Code Section 719.301; Transfer of association control.
  (1) When unit owners other than the developer own 15 percent or more of the units in a cooperative that will be operated ultimately by ...
• Florida Real And Personal Property Code Section 719.302; Agreements entered into by the association.
  (1) Any grant or reservation made by a cooperative document, lease, or other document, and any contract made by an association prior to assumption of ...
• Florida Real And Personal Property Code Section 719.3026; Contracts for products and services; in writing; bids; exceptions.
  Associations with less than 100 units may opt out of the provisions of this section if two-thirds of the unit owners vote to do ...
• Florida Real And Personal Property Code Section 719.303; Obligations of owners.
  (1) Each unit owner, each tenant and other invitee, and each association shall be governed by, and shall comply with the provisions of, this chapter, ...
• Florida Real And Personal Property Code Section 719.304; Association's right to amend cooperative documents.
  (1) If there is an omission or error in any cooperative document, or in other documents required by law to establish the cooperative, the association ...
• Florida Real And Personal Property Code Section 719.401; Leaseholds.
  (1) A cooperative may be created on lands held under lease or may include recreational facilities or other common elements or commonly used facilities on ...
• Florida Real And Personal Property Code Section 719.4015; Cooperative leases; escalation clauses.
  (1) It is declared that the public policy of this state prohibits the inclusion or enforcement of escalation clauses in land leases or other leases ...
• Florida Real And Personal Property Code Section 719.402; Conversion of existing improvements to cooperative.
  A developer may create a cooperative by converting existing, previously occupied improvements to such ownership by complying with parts I and VI of this ...
• Florida Real And Personal Property Code Section 719.403; Phase cooperatives.
  (1) A developer may develop a cooperative in phases, if the original cooperative documents or an amendment to the cooperative documents approved by the unit ...
• Florida Real And Personal Property Code Section 719.501; Powers and duties of Division of Florida Land Sales, Condominiums, and Mobile Homes.
  (1) The Division of Florida Land Sales, Condominiums, and Mobile Homes of the Department of Business and Professional Regulation, referred to as the "division" in ...
• Florida Real And Personal Property Code Section 719.502; Filing prior to sale or lease.
  (1)(a) A developer of a residential cooperative shall file with the division one copy of each of the documents and items required to be ...
• Florida Real And Personal Property Code Section 719.503; Disclosure prior to sale.
  (1) DEVELOPER DISCLOSURE.-- (a) Contents of contracts.--Any contracts for the sale of a unit or a lease thereof for an unexpired term of more ...
• Florida Real And Personal Property Code Section 719.504; Prospectus or offering circular.
  Every developer of a residential cooperative which contains more than 20 residential units, or which is part of a group of residential cooperatives which will ...
• Florida Real And Personal Property Code Section 719.505; Good faith effort to comply.
  If a developer, in good faith, has attempted to comply with the requirements of this part, and if, in fact, he or she has substantially ...
• Florida Real And Personal Property Code Section 719.506; Publication of false and misleading information.
  (1) Any person who, in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from ...
• Florida Real And Personal Property Code Section 719.507; Zoning and building laws, ordinances, and regulations.
  All laws, ordinances, and regulations concerning buildings or zoning shall be construed and applied with reference to the nature and use of such property, without ...
• Florida Real And Personal Property Code Section 719.508; Regulation by Division of Hotels and Restaurants.
  In addition to the authority, regulation, or control exercised by the Division of Florida Land Sales, Condominiums, and Mobile Homes pursuant to this act with ...
• Florida Real And Personal Property Code Section 719.604; Short title.
  This part shall be known and may be cited as the "Roth Cooperative Conversion Act" in memory of Mr. James S. Roth, Director, Division of ...
• Florida Real And Personal Property Code Section 719.606; Conversion of existing improvements to cooperative; rental agreements.
  When existing improvements are converted to ownership as a residential cooperative: (1)(a) Each residential tenant who has resided in the existing improvements for at ...
• Florida Real And Personal Property Code Section 719.608; Notice of intended conversion; time of delivery; content.
  (1) Prior to or simultaneous with the first offering of individual units to any person, each developer shall deliver a notice of intended conversion to ...
• Florida Real And Personal Property Code Section 719.61; Notices.
  (1) All notices from tenants to a developer shall be deemed given when deposited in the United States mail, addressed to the developer's address ...
• Florida Real And Personal Property Code Section 719.612; Right of first refusal.
  (1) Each tenant, who for the 180 days preceding a notice of intended conversion has been a residential tenant of the existing improvements, shall have ...
• Florida Real And Personal Property Code Section 719.614; Economic information to be provided.
  The developer shall distribute to tenants having a right of first refusal, if any: (1) Information in summary form regarding mortgage financing; estimated down payment; ...
• Florida Real And Personal Property Code Section 719.616; Disclosure of condition of building and estimated replacement costs.
  (1) Each developer of a residential cooperative created by converting existing, previously occupied improvements to such form of ownership shall disclose the condition of the ...
• Florida Real And Personal Property Code Section 719.618; Converter reserve accounts; warranties.
  (1) When existing improvements are converted to ownership as a residential cooperative, the developer shall establish reserve accounts for capital expenditures and deferred maintenance, or ...
• Florida Real And Personal Property Code Section 719.62; Prohibition of discrimination against nonpurchasing tenants.
  When existing improvements are converted to cooperative, tenants who have not purchased a unit in the cooperative being created shall, during the remaining term of ...
• Florida Real And Personal Property Code Section 719.621; Rulemaking authority.
  The division may adopt rules to administer and ensure compliance with a developer's obligations with respect to cooperative conversions concerning the filing and noticing ...
• Florida Real And Personal Property Code Section 719.622; Saving clause.
  (1) All notices of intended conversion given subsequent to the effective date of this part shall be subject to the requirements of ss. 719.606, ...
• Florida Real And Personal Property Code Section 720.301; Definitions.
  As used in this chapter, the term: (1) "Assessment" or "amenity fee" means a sum or sums of money payable to the association, to the ...
• Florida Real And Personal Property Code Section 720.302; Purposes, scope, and application.
  (1) The purposes of this chapter are to give statutory recognition to corporations not for profit that operate residential communities in this state, to provide ...
• Florida Real And Personal Property Code Section 720.303; Association powers and duties; meetings of board; official records; budgets; financial reporting; association funds; recalls.
  (1) POWERS AND DUTIES.--An association which operates a community as defined in s. 720.301, must be operated by an association that is a ...
• Florida Real And Personal Property Code Section 720.304; Right of owners to peaceably assemble; display of flag; SLAPP suits prohibited.
  (1) All common areas and recreational facilities serving any homeowners' association shall be available to parcel owners in the homeowners' association served thereby and their ...
• Florida Real And Personal Property Code Section 720.305; Obligations of members; remedies at law or in equity; levy of fines and suspension of use rights; failure to fill sufficient number of vacancies on board of directors to constitute a quorum; appointment of receiver upon petition of any member.
  (1) Each member and the member's tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing ...
• Florida Real And Personal Property Code Section 720.3055; Contracts for products and services; in writing; bids; exceptions.
  (1) All contracts as further described in this section or any contract that is not to be fully performed within 1 year after the making ...
• Florida Real And Personal Property Code Section 720.306; Meetings of members; voting and election procedures; amendments.
  (1) QUORUM; AMENDMENTS.-- (a) Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a ...
• Florida Real And Personal Property Code Section 720.307; Transition of association control in a community.
  With respect to homeowners' associations: (1) Members other than the developer are entitled to elect at least a majority of the members of the board ...
• Florida Real And Personal Property Code Section 720.3075; Prohibited clauses in association documents.
  (1) It is declared that the public policy of this state prohibits the inclusion or enforcement of certain types of clauses in homeowners' association documents, ...
• Florida Real And Personal Property Code Section 720.308; Assessments and charges.
  For any community created after October 1, 1995, the governing documents must describe the manner in which expenses are shared and specify the member's ...
• Florida Real And Personal Property Code Section 720.3086; Financial report.
  In a residential subdivision in which the owners of lots or parcels must pay mandatory maintenance or amenity fees to the subdivision developer or to ...
• Florida Real And Personal Property Code Section 720.309; Agreements entered into by the association.
  Any grant or reservation made by any document, and any contract with a term in excess of 10 years made by an association before control ...
• Florida Real And Personal Property Code Section 720.31; Recreational leaseholds; right to acquire; escalation clauses.
  (1) Any lease of recreational or other commonly used facilities serving a community, which lease is entered into by the association or its members before ...
• Florida Real And Personal Property Code Section 720.311; Dispute resolution.
  (1) The Legislature finds that alternative dispute resolution has made progress in reducing court dockets and trials and in offering a more efficient, cost-effective ...
• Florida Real And Personal Property Code Section 720.312; Declaration of covenants; survival after tax deed or foreclosure.
  All provisions of a declaration of covenants relating to a parcel that has been sold for taxes or special assessments survive and are enforceable after ...
• Florida Real And Personal Property Code Section 720.401; Prospective purchasers subject to association membership requirement; disclosure required; covenants; assessments; contract cancellation.
  (1)(a) A prospective parcel owner in a community must be presented a disclosure summary before executing the contract for sale. The disclosure summary must ...
• Florida Real And Personal Property Code Section 720.402; Publication of false and misleading information.
  (1) Any person who, in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from ...
• Florida Real And Personal Property Code Section 720.403; Preservation of residential communities; revival of declaration of covenants.
  (1) Consistent with required and optional elements of local comprehensive plans and other applicable provisions of the Local Government Comprehensive Planning and Land Development Regulation ...
• Florida Real And Personal Property Code Section 720.404; Eligible residential communities; requirements for revival of declaration.
  Parcel owners in a community are eligible to seek approval from the Department of Community Affairs to revive a declaration of covenants under this act ...
• Florida Real And Personal Property Code Section 720.405; Organizing committee; parcel owner approval.
  (1) The proposal to revive a declaration of covenants and a homeowners' association for a community under the terms of this act shall be initiated ...
• Florida Real And Personal Property Code Section 720.406; Department of Community Affairs; submission; review and determination.
  (1) No later than 60 days after the date the proposed revived declaration and other governing documents are approved by the affected parcel owners, the ...
• Florida Real And Personal Property Code Section 720.407; Recording; notice of recording; applicability and effective date.
  (1) No later than 30 days after receiving approval from the department, the organizing committee shall file the articles of incorporation of the association with ...
• Florida Real And Personal Property Code Section 721.01; Short title.
  This chapter shall be known and may be cited as the "Florida Vacation Plan and Timesharing ...
• Florida Real And Personal Property Code Section 721.02; Purposes.
  The purposes of this chapter are to: (1) Give statutory recognition to real property timeshare plans and personal property timeshare plans in this state. (2) ...
• Florida Real And Personal Property Code Section 721.03; Scope of chapter.
  (1) This chapter applies to all timeshare plans consisting of more than seven timeshare periods over a period of at least 3 years in which ...
• Florida Real And Personal Property Code Section 721.04; Saving clause.
  All timeshare plans filed pursuant to chapter 2-23, Florida Administrative Code, prior to July 1, 1981, shall be deemed to be in compliance with ...
• Florida Real And Personal Property Code Section 721.05; Definitions.
  As used in this chapter, the term: (1) "Accommodation" means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, campground, cruise ship ...
• Florida Real And Personal Property Code Section 721.056; Supervisory duties of developer.
  Notwithstanding obligations placed upon any other persons by this chapter, it is the duty of the developer to supervise, manage, and control all aspects of ...
• Florida Real And Personal Property Code Section 721.06; Contracts for purchase of timeshare interests.
  (1) Each seller shall utilize and furnish each purchaser a fully completed and executed copy of a contract pertaining to the sale, which contract shall ...
• Florida Real And Personal Property Code Section 721.065; Resale purchase agreements.
  (1) An owner who acquires a timeshare interest for her or his own use and occupancy and later offers it for resale, or any agent ...
• Florida Real And Personal Property Code Section 721.07; Public offering statement.
  Prior to offering any timeshare plan, the developer must submit a filed public offering statement to the division for approval as prescribed by s. 721....
• Florida Real And Personal Property Code Section 721.071; Trade secrets.
  (1) If a developer or any other person filing material with the division pursuant to this chapter expects the division to keep the material confidential ...
• Florida Real And Personal Property Code Section 721.075; Incidental benefits.
  Incidental benefits shall be offered only as provided in this section. (1) Accommodations, facilities, products, services, discounts, or other benefits which satisfy the requirements of ...
• Florida Real And Personal Property Code Section 721.08; Escrow accounts; nondisturbance instruments; alternate security arrangements; transfer of legal title.
  (1) Prior to the filing of a public offering statement with the division, all developers shall establish an escrow account with an escrow agent for ...
• Florida Real And Personal Property Code Section 721.09; Reservation agreements; escrows.
  (1)(a) Prior to filing the filed public offering statement with the division, a seller shall not offer a timeshare plan for sale but may ...
• Florida Real And Personal Property Code Section 721.10; Cancellation.
  (1) A purchaser has the right to cancel the contract until midnight of the 10th calendar day following whichever of the following days occurs later: (...
• Florida Real And Personal Property Code Section 721.11; Advertising materials; oral statements.
  (1)(a) A developer may file advertising material with the division for review. The division shall review any advertising material filed for review by the ...
• Florida Real And Personal Property Code Section 721.111; Prize and gift promotional offers.
  (1) As used herein, the term "prize and gift promotional offer" means any advertising material wherein a prospective purchaser may receive goods or services other ...
• Florida Real And Personal Property Code Section 721.12; Recordkeeping by seller.
  Each seller of a timeshare plan shall maintain among its business records the following: (1) A copy of each contract for the sale of a ...
• Florida Real And Personal Property Code Section 721.13; Management.
  (1)(a) For each timeshare plan, the developer shall provide for a managing entity, which shall be either the developer, a separate manager or management ...
• Florida Real And Personal Property Code Section 721.14; Discharge of managing entity.
  (1) If timeshare estates are being sold to purchasers of a timeshare plan, any contract between the owners' association and a manager or management firm ...
• Florida Real And Personal Property Code Section 721.15; Assessments for common expenses.
  (1)(a) Until a managing entity is created or provided pursuant to s. 721.13, the developer shall pay all common expenses. The timeshare instrument ...
• Florida Real And Personal Property Code Section 721.16; Liens for overdue assessments; liens for labor performed on, or materials furnished to, a timeshare unit.
  (1) The managing entity has a lien on a timeshare interest for any assessment levied against that timeshare interest from the date such assessment becomes ...
• Florida Real And Personal Property Code Section 721.165; Insurance.
  (1) The seller, initially, and thereafter the managing entity, shall be responsible for obtaining insurance to protect the accommodations and facilities of the timeshare plan ...
• Florida Real And Personal Property Code Section 721.17; Transfer of interest.
  Except in the case of a timeshare plan subject to the provisions of chapter 718 or chapter 719, no developer, owner of the underlying fee, ...
• Florida Real And Personal Property Code Section 721.18; Exchange programs; filing of information and other materials; filing fees; unlawful acts in connection with an exchange program.
  (1) If a purchaser is offered the opportunity to subscribe to an exchange program, the seller shall deliver to the purchaser, together with the purchaser ...
• Florida Real And Personal Property Code Section 721.19; Provisions requiring purchase or lease of timeshare property by owners' association or purchasers; validity.
  In any timeshare plan in which timeshare estates or personal property timeshare interests are sold, no grant or reservation made by a declaration, lease, or ...
• Florida Real And Personal Property Code Section 721.20; Licensing requirements; suspension or revocation of license; exceptions to applicability; collection of advance fees for listings unlawful.
  (1) Any seller of a timeshare plan must be a licensed real estate broker, broker associate, or sales associate as defined in s. 475.01, ...
• Florida Real And Personal Property Code Section 721.21; Purchasers' remedies.
  An action for damages or for injunctive or declaratory relief for a violation of this chapter may be brought by any purchaser or owners' association ...
• Florida Real And Personal Property Code Section 721.22; Partition.
  (1) No action for partition of any timeshare unit shall lie, unless otherwise provided for in the contract between the seller and the purchaser. (2) ...
• Florida Real And Personal Property Code Section 721.23; Securities.
  Timeshare plans are not securities under the provisions of chapter 517 or its ...
• Florida Real And Personal Property Code Section 721.24; Firesafety.
  (1) Any: (a) Facility or accommodation of a timeshare plan, as defined in this chapter, chapter 718, or chapter 719, which is of three stories ...
• Florida Real And Personal Property Code Section 721.25; Zoning and building.
  All laws, ordinances, and regulations concerning buildings or zoning shall be construed and applied with reference to the nature and use of the real estate ...
• Florida Real And Personal Property Code Section 721.26; Regulation by division.
  The division has the power to enforce and ensure compliance with the provisions of this chapter, except for parts III and IV, using the powers ...
• Florida Real And Personal Property Code Section 721.265; Service of process.
  (1) In addition to the methods of service provided for in the Florida Rules of Civil Procedure and the Florida Statutes, service of process may ...
• Florida Real And Personal Property Code Section 721.27; Annual fee for each timeshare unit in plan.
  On January 1 of each year, each managing entity of a timeshare plan located in this state shall collect as a common expense and pay ...
• Florida Real And Personal Property Code Section 721.28; Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund.
  All funds collected by the division and any amounts paid as fees or penalties under this chapter shall be deposited in the State Treasury to ...
• Florida Real And Personal Property Code Section 721.29; Recording.
  If any timeshare plan accommodations or facilities are located in any jurisdiction that does not have recording laws or will not record any document or ...
• Florida Real And Personal Property Code Section 721.301; Florida Timesharing, Vacation Club, and Hospitality Program.
  (1)(a) There is established the Florida Timesharing, Vacation Club, and Hospitality Program. The primary purpose of this program is to provide the opportunity for ...
• Florida Real And Personal Property Code Section 721.32; Effect of ch. 2000-302.
  This act shall take effect June 15, 2000; however, all documents filed and approved in accordance with this chapter prior to June 15, 2000, or ...
• Florida Real And Personal Property Code Section 721.50; Short title.
  This part may be cited as the "McAllister Act" in recognition and appreciation for the years of extraordinary and insightful contributions by Mr. Bryan C. ...
• Florida Real And Personal Property Code Section 721.51; Legislative purpose; scope.
  (1) The purpose of this part is to advance the purposes of this chapter as set forth in s. 721.02 with respect to multisite ...
• Florida Real And Personal Property Code Section 721.52; Definitions.
  As used in this chapter, the term: (1) "Applicable law" means the law of the jurisdiction where the accommodations and facilities referred to are located. (...
• Florida Real And Personal Property Code Section 721.53; Subordination instruments; alternate security arrangements.
  (1) With respect to each accommodation or facility of a multisite timeshare plan, the developer shall provide the division with satisfactory evidence that one of ...
• Florida Real And Personal Property Code Section 721.54; Term of nonspecific multisite timeshare plans.
  It shall be a violation of this part to represent to a purchaser of a nonspecific multisite timeshare plan as defined in s. 721.52(...
• Florida Real And Personal Property Code Section 721.55; Multisite timeshare plan public offering statement.
  Each filed public offering statement for a multisite timeshare plan shall contain the information required by this section and shall comply with the provisions of ...
• Florida Real And Personal Property Code Section 721.551; Delivery of multisite timeshare plan purchaser public offering statement.
  (1) The division is authorized to prescribe by rule the form of the approved multisite timeshare plan public offering statement that must be furnished by ...
• Florida Real And Personal Property Code Section 721.552; Additions, substitutions, or deletions of component site accommodations or facilities; purchaser remedies for violations.
  Additions, substitutions, or deletions of component site accommodations or facilities may be made only in accordance with the following: (1) ADDITIONS.-- (a) The timeshare instrument ...
• Florida Real And Personal Property Code Section 721.56; Management of multisite timeshare plans; reservation systems; demand balancing.
  (1) The developer as a prerequisite for approval of his or her public offering statement filing or his or her phase filing must obtain an ...
• Florida Real And Personal Property Code Section 721.57; Offering of timeshare estates in multisite timeshare plans; required provisions in the timeshare instrument.
  (1) In addition to meeting all the requirements of part I, timeshare estates offered in a multisite timeshare plan must meet the requirements of subsection (...
• Florida Real And Personal Property Code Section 721.58; Filing fee; annual fee.
  (1) The developer of the multisite timeshare plan shall pay the filing fee required by s. 721.07(4)(a); however, the maximum amount of ...
• Florida Real And Personal Property Code Section 721.80; Short title.
  This part may be cited as the "Timeshare Lien Foreclosure ...
• Florida Real And Personal Property Code Section 721.81; Legislative purpose.
  The purposes of this part are to: (1) Recognize that timeshare estates are parcels of real property used for vacation experience rather than for homestead ...
• Florida Real And Personal Property Code Section 721.82; Definitions.
  As used in this part, the term: (1) "Assessment lien" means: (a) A lien for delinquent assessments as provided in ss. 721.16, 718.116, ...
• Florida Real And Personal Property Code Section 721.83; Consolidation of foreclosure actions.
  (1) A complaint in a foreclosure proceeding involving timeshare estates may join in the same action multiple defendant obligors and junior interestholders of separate timeshare ...
• Florida Real And Personal Property Code Section 721.84; Appointment of a registered agent; duties.
  (1) Any obligor may appoint a registered agent on whom notices and process may be served under s. 721.85. The statement of appointment must ...
• Florida Real And Personal Property Code Section 721.85; Service to notice address or on registered agent.
  (1) Service of process for a foreclosure proceeding involving a timeshare estate may be made by any means recognized by law. In addition, substituted service ...
• Florida Real And Personal Property Code Section 721.86; Miscellaneous provisions.
  (1) The procedures in this part must be given effect in the context of any foreclosure proceedings against timeshare estates governed by this chapter, chapter ...
• Florida Real And Personal Property Code Section 721.96; Purpose.
  The purpose of this part is to provide for the appointment of commissioners of deeds to take acknowledgments, proofs of execution, and oaths outside the ...
• Florida Real And Personal Property Code Section 721.97; Timeshare commissioner of deeds.
  (1) The Governor may appoint commissioners of deeds to take acknowledgments, proofs of execution, or oaths in any foreign country or any possession, territory, or ...
• Florida Real And Personal Property Code Section 721.98; Powers of the division.
  The division has no duty or authority to regulate, enforce, or ensure compliance with any provision of this ...
• Florida Real And Personal Property Code Section 723.001; Short title.
  This chapter shall be known and may be cited as the "Florida Mobile Home ...
• Florida Real And Personal Property Code Section 723.002; Application of chapter.
  (1) The provisions of this chapter apply to any residential tenancy in which a mobile home is placed upon a rented or leased lot in ...
• Florida Real And Personal Property Code Section 723.003; Definitions.
  As used in this chapter, the following words and terms have the following meanings unless clearly indicated otherwise: (1) The term "division" means the Division ...
• Florida Real And Personal Property Code Section 723.004; Legislative intent; preemption of subject matter.
  (1) The Legislature finds that there are factors unique to the relationship between a mobile home owner and a mobile home park owner. Once occupancy ...
• Florida Real And Personal Property Code Section 723.005; Regulation by division.
  The division has the power and duty to enforce and ensure compliance with the provisions of this chapter and rules promulgated pursuant hereto relating to ...
• Florida Real And Personal Property Code Section 723.006; Powers and duties of division.
  In performing its duties, the division has the following powers and duties: (1) The division may make necessary public or private investigations within or outside ...
• Florida Real And Personal Property Code Section 723.007; Annual fees; surcharge.
  (1) Each mobile home park owner shall pay to the division, on or before October 1 of each year, an annual fee of $4 for ...
• Florida Real And Personal Property Code Section 723.008; Applicability of chapter 212 to fees, penalties, and fines under this chapter.
  The same duties and privileges imposed by chapter 212 upon dealers in tangible property respecting the collection and remission of tax; the making of returns; ...
• Florida Real And Personal Property Code Section 723.009; Division of Florida Land Sales, Condominiums, and Mobile Homes Trust Fund.
  All proceeds from the fees, penalties, and fines imposed pursuant to this chapter shall be deposited into the Division of Florida Land Sales, Condominiums, and ...
• Florida Real And Personal Property Code Section 723.011; Disclosure prior to rental of a mobile home lot; prospectus, filing, approval.
  (1)(a) In a mobile home park containing 26 or more lots, the park owner shall file a prospectus with the division. Prior to entering ...
• Florida Real And Personal Property Code Section 723.012; Prospectus or offering circular.
  The prospectus or offering circular, which is required to be provided by s. 723.011, must contain the following information: (1) The front cover or ...
• Florida Real And Personal Property Code Section 723.013; Written notification in the absence of a prospectus.
  A mobile home park owner who enters into a rental agreement in which a prospectus is not provided shall give written notification to the mobile ...
• Florida Real And Personal Property Code Section 723.014; Failure to provide prospectus or offering circular prior to occupancy.
  (1) If a prospectus or offering circular was not provided to the prospective lessee prior to execution of the lot rental agreement or prior to ...
• Florida Real And Personal Property Code Section 723.016; Advertising materials; oral statements.
  (1) All advertising materials for, used by, or promoting any mobile home park shall be filed with the division by the developer, park owner, or ...
• Florida Real And Personal Property Code Section 723.017; Publication of false or misleading information; remedies.
  Any person who pays anything of value toward the purchase of a mobile home or placement of a mobile home in a mobile home park ...
• Florida Real And Personal Property Code Section 723.021; Obligation of good faith and fair dealings.
  Every rental agreement or duty within this chapter imposes an obligation of good faith and fair dealings in its performance or enforcement. Either party to ...
• Florida Real And Personal Property Code Section 723.022; Mobile home park owner's general obligations.
  A mobile home park owner shall at all times: (1) Comply with the requirements of applicable building, housing, and health codes. (2) Maintain buildings and ...
• Florida Real And Personal Property Code Section 723.023; Mobile home owner's general obligations.
  A mobile home owner shall at all times: (1) Comply with all obligations imposed on mobile home owners by applicable provisions of building, housing, and ...
• Florida Real And Personal Property Code Section 723.025; Park owner's access to mobile home and mobile home lot.
  A mobile home park owner has no right of access to a mobile home unless the mobile home owner's prior written consent has been ...
• Florida Real And Personal Property Code Section 723.027; Persons authorized by park owner to receive notices.
  Any person authorized by a park owner to receive notices and demands on the park owner's behalf retains such authority until the mobile home ...
• Florida Real And Personal Property Code Section 723.031; Mobile home lot rental agreements.
  (1) No rental agreement shall contain any rule or regulation prohibited by this chapter, nor shall it provide for promulgation of any rule or regulation ...
• Florida Real And Personal Property Code Section 723.032; Prohibited or unenforceable provisions in mobile home lot rental agreements.
  (1) A mobile home lot rental agreement may provide a specific duration with regard to the amount of rental payments and other conditions of the ...
• Florida Real And Personal Property Code Section 723.033; Unreasonable lot rental agreements; increases, changes.
  (1) If the court, as a matter of law, finds a mobile home lot rental amount, rent increase, or change, or any provision of the ...
• Florida Real And Personal Property Code Section 723.035; Rules and regulations.
  (1) A copy of all rules and regulations shall be posted in the recreation hall, if any, or in some other conspicuous place in the ...
• Florida Real And Personal Property Code Section 723.037; Lot rental increases; reduction in services or utilities; change in rules and regulations; mediation.
  (1) A park owner shall give written notice to each affected mobile home owner and the board of directors of the homeowners' association, if one ...
• Florida Real And Personal Property Code Section 723.038; Dispute settlement; mediation.
  (1) Either party may petition the division to appoint a mediator and initiate mediation proceedings. (2) The division upon petition shall appoint a qualified mediator ...
• Florida Real And Personal Property Code Section 723.0381; Civil actions; arbitration.
  (1) After mediation of a dispute pursuant to s. 723.038 has failed to provide a resolution of the dispute, either party may file an ...
• Florida Real And Personal Property Code Section 723.041; Entrance fees; refunds; exit fees prohibited; replacement homes.
  (1)(a) Entrance fees on new mobile home placements shall be specifically set forth in the prospectus or offering circular. Any such fee shall be ...
• Florida Real And Personal Property Code Section 723.042; Provision of improvements.
  No person shall be required by a mobile home park owner or developer, as a condition of residence in the mobile home park, to provide ...
• Florida Real And Personal Property Code Section 723.043; Purchase of equipment.
  No mobile home park owner or developer shall require a mobile home owner of the mobile home park to purchase from such mobile home park ...
• Florida Real And Personal Property Code Section 723.044; Interference with installation of appliances or interior improvements.
  A mobile home park owner or developer shall not charge any resident who chooses to install an electric or gas appliance in her or his ...
• Florida Real And Personal Property Code Section 723.045; Sale of utilities by park owner or developer.
  No mobile home park owner or developer who purchases electricity or gas (natural, manufactured, or similar gaseous substance) from any public utility or municipally owned ...
• Florida Real And Personal Property Code Section 723.046; Capital costs of utility improvements.
  In the event that the costs for capital improvements for a water or sewer system are to be charged to or to be passed through ...
• Florida Real And Personal Property Code Section 723.051; Invitees; rights and obligations.
  (1) An invitee of a mobile home owner shall have ingress and egress to and from the home owner's site without the home owner ...
• Florida Real And Personal Property Code Section 723.054; Right of mobile home owners to peaceably assemble; right to communicate.
  (1) No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall infringe upon the right of the ...
• Florida Real And Personal Property Code Section 723.055; Right of mobile home owner to invite public officers, candidates for public office, or representatives of a tenant organization.
  No provision contained in any bylaw, rental agreement, regulation, or rule pertaining to a mobile home park shall infringe upon the right of a mobile ...
• Florida Real And Personal Property Code Section 723.056; Enforcement of right of assembly and right to hear outside speakers.
  Any mobile home owner who is prevented from exercising rights guaranteed by s. 723.054 or s. 723.055 may bring an action in the ...
• Florida Real And Personal Property Code Section 723.058; Restrictions on sale of mobile homes.
  (1) No mobile home park owner or subdivision developer shall make or enforce any rule, regulation, or rental agreement provision which denies or abridges the ...
• Florida Real And Personal Property Code Section 723.059; Rights of purchaser.
  (1) The purchaser of a mobile home within a mobile home park may become a tenant of the park if such purchaser would otherwise qualify ...
• Florida Real And Personal Property Code Section 723.061; Eviction; grounds, proceedings.
  (1) A mobile home park owner may evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home only ...
• Florida Real And Personal Property Code Section 723.0611; Florida Mobile Home Relocation Corporation.
  (1) There is created the Florida Mobile Home Relocation Corporation. The corporation shall be administered by a board of directors made up of six members, ...
• Florida Real And Personal Property Code Section 723.06115; Florida Mobile Home Relocation Trust Fund.
  (1) There is established within the Department of Business and Professional Regulation the Florida Mobile Home Relocation Trust Fund, to be used by the department ...
• Florida Real And Personal Property Code Section 723.06116; Payments to the Florida Mobile Home Relocation Corporation.
  (1) If a mobile home owner is required to move due to a change in use of the land comprising a mobile home park as ...
• Florida Real And Personal Property Code Section 723.0612; Change in use; relocation expenses; payments by park owner.
  (1) If a mobile home owner is required to move due to a change in use of the land comprising the mobile home park as ...
• Florida Real And Personal Property Code Section 723.0615; Retaliatory conduct.
  (1) It is unlawful for a mobile home park owner to discriminatorily increase a home owner's rent or discriminatorily decrease services to a home ...
• Florida Real And Personal Property Code Section 723.062; Removal of mobile home owner; process.
  (1) In an action for possession, after entry of judgment in favor of the mobile home park owner, the clerk shall issue a writ of ...
• Florida Real And Personal Property Code Section 723.063; Defenses to action for rent or possession; procedure.
  (1) In any action based upon nonpayment of rent or seeking to recover unpaid rent, or a portion thereof, the mobile home owner may defend ...
• Florida Real And Personal Property Code Section 723.068; Attorney's fees.
  Except as provided in s. 723.037, in any proceeding between private parties to enforce provisions of this chapter, the prevailing party is entitled to ...
• Florida Real And Personal Property Code Section 723.071; Sale of mobile home parks.
  (1)(a) If a mobile home park owner offers a mobile home park for sale, she or he shall notify the officers of the homeowners' ...
• Florida Real And Personal Property Code Section 723.072; Affidavit of compliance with statutory requirements.
  (1) A park owner may at any time record, in the official records of the county where a mobile home park is situated, an affidavit ...
• Florida Real And Personal Property Code Section 723.073; Conveyance by the association.
  (1) In the event that an association acquires a mobile home park and intends to reconvey a portion or portions of the property acquired to ...
• Florida Real And Personal Property Code Section 723.074; Sale of facilities serving a mobile home subdivision.
  The owner of recreational facilities or other property exclusively serving a mobile home subdivision shall not sell such recreational facilities or other property unless she ...
• Florida Real And Personal Property Code Section 723.075; Homeowners' associations.
  (1) In order to exercise the rights provided in s. 723.071, the mobile home owners shall form an association in compliance with this section ...
• Florida Real And Personal Property Code Section 723.0751; Mobile home subdivision homeowners' association.
  (1) In the event that no homeowners' association has been created pursuant to ss. 720.301-720.312 to operate a mobile home subdivision, the ...
• Florida Real And Personal Property Code Section 723.076; Incorporation; notification of park owner.
  (1) Upon receipt of its certificate of incorporation, the homeowners' association shall notify the park owner in writing of such incorporation and shall advise the ...
• Florida Real And Personal Property Code Section 723.077; Articles of incorporation.
  The articles of incorporation of a homeowners' association shall provide: (1) That the association has the power to negotiate for, acquire, and operate the mobile ...
• Florida Real And Personal Property Code Section 723.078; Bylaws of homeowners' associations.
  In order for a homeowners' association to exercise the rights provided in s. 723.071, the bylaws of the association shall provide for the following: (...
• Florida Real And Personal Property Code Section 723.079; Powers and duties of homeowners' association.
  (1) An association may contract, sue, or be sued with respect to the exercise or nonexercise of its powers. For these purposes, the powers of ...
• Florida Real And Personal Property Code Section 723.0791; Mobile home cooperative homeowners' associations; elections.
  The provisions of s. 719.106(1)(b) notwithstanding, the election of board members in a mobile home cooperative homeowners' association may be carried out ...
• Florida Real And Personal Property Code Section 723.081; Notice of application for change in zoning.
  The mobile home park owner shall notify in writing each mobile home owner or, if a homeowners' association has been established, the directors of the ...
• Florida Real And Personal Property Code Section 723.083; Governmental action affecting removal of mobile home owners.
  No agency of municipal, local, county, or state government shall approve any application for rezoning, or take any other official action, which would result in ...
• Florida Real And Personal Property Code Section 723.084; Storage charges on mobile homes.
  (1) As provided by this section, any lien or charge against a mobile home for storage upon the real property on which the mobile home ...
• Florida Real And Personal Property Code Section 723.085; Rights of lienholder on mobile homes in rental mobile home parks.
  (1) It shall be unlawful for a mobile home park owner to execute on a writ of possession of a mobile home that is either ...
• Florida Real And Personal Property Code Section 723.086; Property and lienholder contracts.
  The property owner and lienholder may enter into any contract providing rights, duties, and obligations different from those set forth in this act, and the ...
• Florida Real And Personal Property Code Section 723.0861; Attorney's fees and costs.
  The prevailing party in any action brought to enforce the provisions of 1this section shall be entitled to reasonable attorney's fees and ...

Last modified: November 21, 2006