The 2023 Florida Statutes (including Special Session C)
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. . . time and manner prescribed in the contract and promptly making payments to all persons defined in s. 713.01 . . . work contracts as provided by this subsection which restricts the classes of persons as defined in s. 713.01 . . .
. . . Appellants assert we should look to the definition of the term contained in section 713.01(28), Florida . . . Section 713.01(28) defines “subcontractor” as: a person other than a materialman or laborer who enters . . . Section 713.01(20) defines “materialman” as: any person who furnishes materials under contract to the . . . Section 713.01(8) defines “contractor” as: a person other than a materialman or laborer who enters into . . . a contract with the owner of real property for improving it ... § 713.01(8), Fla. . . .
. . . The definition section of the Construction Lien Law, section 713.01, does not define court. . . .
. . . Sections 713.3471(2)(b); 713.01(8) (defining “contractor”); and 713.01(28) (defining “subcontractor”) . . .
. . . See § 713.01(8), (18), Fla. Stat. (2010). . . . introductory matter we must consider whether Premier Finishes is the contractor, defined by section 713.01 . . . See § 713.01(18)(a) (defining “lienor” as a contractor); see also § 713.05 (explaining that a contractor . . . , as defined in section 713.01(8), who conforms with certain requirements shall have a lien based upon . . . entering into the contract, it is the actual party to the contract or the contractor pursuant to section 713.01 . . .
. . . See § 713.01(16), Fla. Stat. (2008) (defining “laborer”). . . .
. . . to the homeowners to induce their payments, in violation of Florida’s Construction Lien Law, Section 713.01 . . .
. . . Section 713.01(15) of the Mechanics’ Lien Statute defines an “improvement” to mean “any building, structure . . .
. . . Section 713.01(8) defines “contractor” as a person other than a materialman or laborer who enters into . . . purpose of this analysis that Adams Homes is a contractor within the definition found within section 713.01 . . . Under section 713.01(20) “materialman” means any person who furnishes materials under contract to the . . . Finally, under section 713.01(28), a “subcontractor” means a person other than a materialman or laborer . . .
. . . Lien Law in a section entitled “Definitions,” it did not define the term “prevailing party,” see § 713.01 . . .
. . . See § 713.01(15), (19), Fla. Stat. . . . See' § 713.01(27), Fla. Stat.; see also § 713.06(1). . . . .” § 713.01(12), Fla. Stat. (emphasis added). . . . See § 713.01(22), Fla. Stat. . . . See §§ 713.01(27), 713.06(1), Fla. Stat. . . .
. . . Stat., s. 713.01(14), F.S.A. defines ‘real property for the purposes of the mechanics lien law. . . .
. . . See § 713.01(26), Fla. . . . See, e.g., §§ 489.105(3), 713.01(7), Fla. Stat. (1999). The use of a more specific term is telling. . . .
. . . time and manner prescribed in the contract and promptly make payments to all persons defined in s. 713.01 . . . time and manner prescribed in the contract and promptly make payments to all persons defined in s. 713.01 . . .
. . . Compare § 713.01(19), Fla. . . .
. . . lien under this section except those lienors specified in it, as their designations are defined in § 713.01 . . . must meet the definition of materialman, laborer, subcontractor, or sub-subcontractor as defined in § 713.01 . . . determining factor is whether a temporary help firm falls within the definition of subcontractor. § 713.01 . . . 2001, the legislature addressed this situation and amended the definition of subcontractor under § 713.01 . . . to include “a temporary help firm as defined in § 443.101.” § 713.01(27), Fla.Stat. (2001). . . . . § 713.01(26), Fla. Stat. (Supp.1998) (emphasis added). . . .
. . . . § 713.01(14), Florida Statutes (2001). . . .
. . . Section 713.01(5), Fla. . . .
. . . See Oho Rev.Code § 713.01. . . .
. . . Seagraves defined the term “contract” in the construction lien context, reading the definition in section 713.01 . . .
. . . VL Orlando contends that pursuant to sections 713.06 and 713.01, Skilled Services, as a labor pool, does . . . under this section except those lienors specified in it, as their designations are defined in section 713.01 . . . Sections 713.01(14) and (22), read in pertinent part: (14) “Laborer” means any person other than an architect . . . file and foreclose a lien turns on whether it falls within the term “others” as utilized by subsection 713.01 . . .
. . . . § 713.06(1) (emphasis added); see also id. at § 713.01(a) (defining “direct contract”). . . . See § 713.01(6), Fla. Stat. (Supp.1998). . . .
. . . it found that appellant was not a “laborer” as defined in the Florida Construction Lien Law, section 713.01 . . .
. . . Section 713.01(5) defines a contract as “an agreement for improving real property, written or unwritten . . .
. . . See § 713.01(7). One can foresee innumerable situations where that is a practical impossibility. . . .
. . . See § 713.01(4), Fla. . . .
. . . corporation otherwise provides by ordinance, any future use of such land shall be in conformity with sections 713.01 . . .
. . . Therefore, if amended Ordinance § 1268.03 is a “districting or zoning” ordinance regulated under § 713.01 . . .
. . . Florida Statutes section 713.01(16) defines “lienor” as a contractor, subcontractor or laborer who “has . . . “henor giving notice” as “any henor ... who has duly and timely served a notice to the owner....” § 713.01 . . . defining a “lienor” as one who “has a lien or prospective lien upon real property under this part,” § 713.01 . . . notice to owner (and meet other prerequisites) for “lien[s] upon real property under this part.” § 713.01 . . .
. . . See §§ 255.05, 713.01(16)(c), Fla. Stat. (1995); see also American Casualty Co. v. . . . time and manner prescribed in the contract and promptly make payments to all persons defined in s. 713.01 . . . See § 713.01(16)(c); Duval Asphalt Prods., Inc. v. E. . . .
. . . Section 713.01(10) of the Florida Statute defines “extras” as “labor, services or materials for improving . . . Stat. § 713.01(10) (1996). . . .
. . . Fla.Stat. 713.01(10) (1995). . . .
. . . Section 713.01 defines both “commencement of the improvement” and “improvement.” . . . Sections 713.01(3) and (11), Florida Statutes (1991), provide: (3) “Commencement of the improvement” . . .
. . . Id. at 713.01(2). . . .
. . . Section 713.01(1), Florida Statutes, defines “architect” as a person or firm authorized to practice architecture . . .
. . . The current concept of “lienors” in the mechanics’ lien law, sections 713.01-713.37, Florida Statutes . . . Under section 713.01(10), this protection is extended to “sub-subcontractors” and materialmen supplying . . . and manner prescribed in the contract and promptly make payments to all persons who are defined in s. 713.01 . . . The 1977 version of section 713.01 defined “contractor,” “laborer,” “materialman,” “subcontractor,” and . . . time and manner prescribed in the contract and promptly make payments to all persons defined in s. 713.01 . . .
. . . specially fabricated for this job, nor were they incorporated into the project, as required by sections 713.01 . . . (14)(e) and 713.01(9), Florida Statutes (1989), attorney’s fees are not recoverable under section 627.428 . . . This position is supported by the definition in section 713.01(9) itself and by such cases as Clutter . . .
. . . . § 713.01, Fla.Stat. (1989). . . . .
. . . construction of the kiosk consisted of specially fabricated materials within the meaning of section 713.01 . . . , placed, made or done on land or other real property for its permanent benefit (emphasis added). § 713.01 . . .
. . . the time and manner prescribed in the contract and promptly make payments to all persons defined in s.713.01 . . . only in dicta, the court suggests that section 255.05 should be read in pari mate-ria with section 713.01 . . . materials” is sufficiently ambiguous to permit our consideration of the greater specificity in section 713.01 . . .
. . . See § 713.01(10), Fla.Stat. (1981). Id. at 1105 (citations omitted, emphasis added). . . .
. . . .” § 713.01(9), Fla. Stat. (1989). . . . Law, because each of the definitions for these terms refers to them as “a person” or “any person.” § 713.01 . . . According to Section 713.01(9), Florida Statutes (1989) a “laborer” has been defined as: “(9) ‘Laborer . . .
. . . . § 713.01(3), Fla.Stat. (1985). . . .
. . . Section 713.01(7), Florida Statutes (1987), which defines “improve”, and section 713.-01(8), Florida . . . Section 713.01(7) provides as follows: (7) “Improve” means build, erect, place, make alter, remove, repair . . . Section 713.01(8) provides as follows: (8) " 'Improvement' means any building, structure, construction . . .
. . . Section 713.01(9), Florida Statutes (1989), defines a laborer as: [A]ny person other than an architect . . . Goodwin, 355 So.2d 217, 218 (Fla. 1st DCA 1978); see § 713.01(9), Fla.Stat. . . . contract with a subcontractor for the performance of any part of such subcontractor’s contract.” § 713.01 . . . laborer, and thus, exempt from the statutory notice requirement, fails as a matter of law. §§ 255.05(2), 713.01 . . .
. . . See § 713.01(6), Fla.Stat. (1987). . . .
. . . time and manner prescribed in the contract and promptly make payments to all persons defined in s. 713.01 . . .
. . . .” § 713.01(4), Fla.Stat. (1987). . . .
. . . See § 713.01(6), Fla.Stat. (1987). FECP filed a general denial. . . . improvement shall be prima facie evidence of incorporation of such materials in the improvement.” § 713.01 . . .
. . . However, section 713.01(6) provides that to “furnish materials” means to supply materials which are incorporated . . . Clearly, section 713.01(6) and 713.-06(2)(a) establish that the furnishing of any materials which are . . .
. . . The name and address of the owner as defined in s. 713.01, his interest in the site of the improvement . . .
. . . Chapter 713, Part I, Mechanic’s Liens, provides in pertinent part: 713.01 Definitions. — As used in this . . .
. . . . § 713.01-.37 (1984). . Rodgers actually filed three counterclaims. . . .
. . . See § 713.01(2), Fla.Stat. . City of Miami v. . . .
. . . Because section 713.01(14), Florida statutes (1987), precludes claimants from obtaining liens on public . . .
. . . In enacting section 713.01(11), Florida Statutes (1985), the Florida legislature did not include the . . .
. . . See Section 713.01(12), Florida Statutes, for definition of “owner." . . .
. . . It is supported also by that portion of section 713.01(6) which provides that “[t]he delivery of materials . . . On the other hand, we think that Essex’s reliance on that portion of section 713.01(6) which refers to . . . (Lienor’s signature and address). . 713.01. . . .
. . . Ceco Corp., 242 So.2d 464 (Fla. 3d DCA 1970); § 713.01(3), Fla.Stat. (1985). . . .
. . . and affirm the trial court’s implicit finding that the appellees were laborers as defined by section 713.01 . . . Section 713.01(9) provides that a laborer is “any person other than an architect, landscape architect . . . express or implied agreement for improving real property between the owner and any other person. §§ 713.01 . . . (1) and 713.01(4), Fla.Stat. (1985). . . . The ap-pellees were, therefore, laborers as defined in section 713.01(9). . . .
. . . I think it no less than obvious that sections 713.23(1)(d) and 713.01(6), Florida Statutes (1985) are . . . Section 713.01(6), Florida Statutes (1985) provides that: 'Furnish materials’ means supply materials . . .
. . . time and manner prescribed in the contract and promptly make payments to all persons defined in s. 713.01 . . .
. . . Bishop Signs, Inc. is a contractor within the definition of section 713.01(2), Florida Statutes (1985 . . .
. . . Plaintiff qualifies as a laborer under Section 713.01(9), Florida Statutes, and is therefore exempt from . . . Plaintiff qualifies as a laborer under § 713.01(9), Florida Statutes, even though Plaintiff is a corporation . . .
. . . Furthermore, M & G specifically sought relief under the mechanic’s lien statute, §§ 713.01-713.37, Fla . . .
. . . lien under this section except those lienors specified in it, as their designations are defined in s- 713.01 . . . . 713.01 Definitions. — As used in this part: (7) “Improve” means ... perform any labor or services or . . . Section 713.01(8), Florida Statutes, requires that an improvement, in order to support a mechanic’s lien . . .
. . . INA argues that this language of the bond is the equivalent of the language in section 713.01(6), Florida . . .
. . . See § 713.01(3), Fla.Stat. (1983); International Community Corporation; Sewer Viewer, Inc.; Meredith . . .
. . . Leek urged the subcontractors and materialmen to file mechanics’ liens, under Section 713.01 et seq. . . .
. . . . § 713.01(14), Fla. Stat. (1983). . . . time and manner prescribed in the contract and promptly make payments to all persons defined in s. 713.01 . . .
. . . See generally §§ 713.01-713.37, Fla.Stat. . . .
. . . .” § 713.01(9), Fla.Stat. (1981). . . . Section 713.01(1), Florida Statutes (1981), however, defines the term “contract” as “an agreement for . . . Neither of these two contracts comes within the statutory definition of “contract” under Section 713.01 . . . (1), nor can they be the “properly authorized contract” referred to in Section 713.01(9), Florida Statutes . . . Neither of the contracts alleged in the complaint is a “properly authorized contract” under Section 713.01 . . . property but were not paid the wages due to them are “laborers” as that term is defined by Section 713.01 . . . Section 713.01(9), Florida Statutes (1981), provides: “ ‘Laborer’ means any person ... who, under properly . . . It seems clear from the plain language of Section 713.01(9) that the plaintiff-workers who, it is alleged . . . or furnish any materials in ... equipping any improvement with fixtures or permanent apparatus.” § 713.01 . . . According to Section 713.01(3), the contract price with respect to labor is “the amount agreed upon by . . .
. . . See § 713.01(10), Fla.Stat. (1981). Affirmed. RYDER, C.J., and SCHOONOVER, J„ concur. . . .
. . . ignores the statutory definition of lienor which includes one who “has a lien or prospective lien _” § 713.01 . . .
. . . . § 713.01(10), Fla.Stat. (1983). . . .
. . . While section 713.06(1) limits liens to a total not to exceed the contract price, section 713.01(3) defines . . .
. . . .” § 713.01(8), Fla.Stat. (1983) (emphasis added). “ ‘Contract price’ means the amount agreed upon by . . . parties for performing all labor and services and furnishing all materials covered by their contract_” § 713.01 . . .
. . . the notice failed to strictly comply with the notice provisions of the Mechanics’ Lien Law, section 713.01 . . .
. . . . § 713.01(11), Fla.Stat. (1981). . . .
. . . This is provided by Section 713.01(10) Florida Statutes (1981). . . .
. . . used in a contractor’s affidavit is because a person or firm may be a “lienor” as defined in section 713.01 . . . They illustrate that a sub-subcontractor, a “lienor” under section 713.01(10)(c), could sub out his work . . . Section 713.01(10), Fla.Stat. (1981), defines “lienor” as follows: (10) “Lienor” means: (a) A contractor . . . Examine the last sentence of § 713.01(10). . . .
. . . Section 713.01(2) defines “contractor” as “a person other than a materialman or laborer who enters into . . .
. . . Sec. 713.01(1) simply states that * * * As used in this part: (1) ‘Contract’ means an agreement for improving . . . account to C.O.D. did not effect a new or different agreement or “contract” as statutorily defined by 713.01 . . .
. . . This appeal concerns the interaction of the Florida Mechanics’ Lien Law, Sections 713.01 to 713.37, and . . .
. . . materialman or laborer who enters into a contract with the owner of real property for improving it.... ” § 713.01 . . . as his own general contractor does not excuse claimant who is “contractor” within meaning of section 713.01 . . . However, this did not alter Hoenstine’s status as a “contractor” under section 713.01(2), since the contract . . .
. . . . § 713.01(14), Fla.Stat. (1979). . . . and manner prescribed in the contract and promptly make payments to all persons who are defined in s. 713.01 . . .
. . . Sec. 713.01(12), Fla.Stat. (1979) provides: “Owner” means a person who is the owner of any legal or equitable . . . See also Sec. 713.01(1) (“ ‘Contract’ means an agreement for improving real property, written or unwritten . . . , express or implied, and includes extras or change-orders as herein defined.”); Sec. 713.01(2) (“ ‘Contractor . . .
. . . a claim of mechanic’s lien and then instituted an action to foreclose the lien pursuant to Sections 713.01 . . .
. . . For definitions of the terms contractor, subcontractor, and subsubcontractor, we turn to section 713.01 . . .
. . . .) ¶ 713.01. . . .
. . . . § 713.01, et seq. . . .
. . . projects, § 255.05, Fla.Stat. (1979), serves much the same purpose as the Mechanics’ Lien Law, Sections 713.01 . . . which is itself expressly inapplicable to projects on state-or local-governmentally-owned property. § 713.01 . . .
. . . The “contract price” is defined in Section 713.01(3), Florida Statutes (1971). . . .
. . . The terms “owner” and “contractor” are separately and distinctly defined by Section 713.01(2) and 713.01 . . .
. . . Although not applicable in the present case, Section 713.01(7), Florida Statutes (1979), as amended by . . .
. . . . § 713.01(6), (Fla.Stat. 1973). . . .
. . . Compare Section 5355, C.G.L. (1927), with Sections 713.01(4), (12), 713.03, Florida Statutes (1977). . . .
. . . See Section 713.01(17), Florida Statutes. . . .
. . . Pursuant to § 713.01 et seq., Fla.Stat. (1977). . . .
. . . Section 713.01(19), Florida Statutes. . . . The presumption recognized in Section 713.01(6), Florida Statutes, relating to the incorporation of materials . . .