The 2023 Florida Statutes (including Special Session C)
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. . . See §§ 85.011, 713.06, Fla. Stat. . . .
. . . determination that Paint Spot substantially complied with the statutory lien provisions in section 713.06 . . . Trump asserts that strict compliance with 713.06(2)(a) was required of Paint Spot, and that the trial . . . For our purposes, the relevant provisions are found in section 713.06, Florida Statutes (2018). . . . Section 713.06(1) provides: A materialman or laborer, either of whom is not in privity with the owner . . . Section 713.06(2)(a) provides: All lienors under this section, except laborers, as a prerequisite to . . .
. . . . § 713.06(1) (“A materi-alman or laborer, either of whom is not in privity with the owner, or a subcontractor . . .
. . . Code § 713.06 (“The planning commission of any municipal corporation may frame and adopt a plan for dividing . . .
. . . Development because Marble had not served a notice to owner on Weston Development pursuant to section 713.06 . . . who is in privity with the owner is not required to serve a notice to owner, as required by section 713.06 . . . Marble was therefore not required to file a section 713.06(2)(a) notice to owner after it commenced work . . .
. . . Section 713.06, Florida Statutes (2008), allows for a lien on real property where the lienor has served . . . See § 713.06(2)(a), Fla. Stat. . . . It was undisputed that Barber did not serve the notice required by section 713.06(2)(a). . . .
. . . The First Notice Created a Lien Governed by Section 713.06, not Section 713.23. . . . Where a contractor does not have a statutory bond in place, section 713.06, Florida Statutes (2004), . . . See § 713.06(1), Fla. Stat. . . . See § 713.06(2)(a), Fla. Stat. . . . Sections 713.05 and 713.06 involve unbond-ed liens. . . . .
. . . Subsection (2) provides: An owner has the right to rely on a contractor’s affidavit given under section 713.06 . . .
. . . See § 713.06, Fla. Stat. (2005). . . . .
. . . We find, pursuant to section 713.06(3)(d)l., Florida Statutes (2007), that the contractor did not need . . . Section 713.06(3)(d)l. provides, in pertinent part: When the final payment under a direct contract becomes . . . According to the owner, the contractor did not comply with section 713.06(3)(d)l. because the contractor . . . The first district decided Craftsman based on a pre-1998 version of section 713.06(3)(d)l. . . . Another amendment which the legislature made to section 713.06(3)(d)l. in 1998 was to insert the word . . .
. . . effectively vacating a lien for failure to furnish a final payment affidavit, as required by section 713.06 . . .
. . . Sections 713.05 and 713.06(3)(d), Florida Statutes (2008), provide that when final payment becomes due . . . Section 713.06(3)(d)l. further provides that “[t]he contractor shall have no lien or right of action . . .
. . . , the right to “bond off" the lien claim (section 713.24), and rights to a final affidavit (section 713.06 . . .
. . . .; see also § 713.06(1). . . . See §§ 713.01(27), 713.06(1), Fla. Stat. . . .
. . . Section 713.06(3)(d)l. requires a contractor to give the owner a “final payment affidavit” when “the . . . Section 713.06(3)(c)5., makes the requirements of section 713.06(3)(d)l. applicable to this case. . . . Section 713.06(3)(c)5. provides that even “[i]f the contract is terminated before completion, the contractor . . . (holding that, under section 713.06(3)(c)5., a contractor must comply with the final payment affidavit . . . requirements set forth in 713.06(3)(d)1., even where the contract was terminated before completion and . . .
. . . . § 713.06(1), Fla. . . . this section except those lienors specified in it, as their designations are defined in § 713.01.” § 713.06 . . .
. . . Section 713.06(3)(d), Florida Statutes (2000), requires the contractor to give the owner an affidavit . . . materials furnished under the direct contract while in default for not giving the owner the affidavit.” § 713.06 . . . failed to submit the affidavit five days before filing the original complaint as required by section 713.06 . . .
. . . Ohio Rev.Code § 713.06. . . . .
. . . . § 713.06.. . . . Id. § 713.06(3)(c)(2) (emphasis added). . . . See id. § 713.06(3)(d). . . . Ann. § 713.06. . . . See id. § 713.06(3)(d). . . .
. . . . § 713.06. . . . Id. § 713.06(3)(c)(2) (emphasis added). . . . See id. § 713.06(3)(d). . . . Ann. § 713.06. . . . See id. § 713.06(3)(d). . . .
. . . the contractor had failed to timely file and serve the contractor’s affidavit, pursuant to section 713.06 . . . Sections 713.06(3)(d) and 713.22 of the Florida Statutes govern the outcome of this case. . . . prerequisite to the institution of any action to enforce his or her lien under this chapter ....” § 713.06 . . .
. . . err in finding that Renar’s final contractor’s affidavit complies with the requirements of section 713.06 . . . Delivery of a contractor’s final affidavit is mandated under section 713.06(3)(d)l, Florida Statutes, . . . Section 713.06(3)(d)l requires that the contractor give the owner written assurance that potential lienors . . . inducing the Bells and their lender to make full and final payment to Renar in compliance with chapter 713.06 . . .
. . . VL Orlando contends that pursuant to sections 713.06 and 713.01, Skilled Services, as a labor pool, does . . . Section 713.06, Florida Statutes (1997), reads in pertinent part: (1) A materialman or laborer, either . . . direct contract of another person shall have rights to a lien on real property as provided in section 713.06 . . .
. . . the subcontract, Phelps -properly and timely served a notice to owner on Klein pursuant to section 713.06 . . .
. . . . § 713.06, Fla. Stat. . . . Id. § 713.06(3)(c)1. . . . Id. § 713.06(3)(c)l. . . . Id. § 713.06(3)(c) (Supp.1998). . . . subsection 713.06(2). . . . .
. . . Cabinets of Clearwater, Inc., 700 So.2d 15, 17-18 (Fla. 2d DCA 1997) (examining sect created by section 713.06 . . . language creating the lien in section 713.05 is almost identical to the lien creating language in section 713.06 . . . The reasons Zalay articulates for including section 713.29 attorney’s fees within the section 713.06( . . .
. . . excuse Chapman from complying with the applicable provisions of the construction lien law, section 713.06 . . . See § 713.06(2)(e), Fla. . . . See § 713.06(2)(a), Fla. Stat. (1993). . . . “[T]he plain language of section 713.06 indicates the legislature’s intent that service of a written . . . notice which includes the warnings contained in section 713.06(2)(c) is a prerequisite to perfecting . . .
. . . construction of the term “adverse effect,” has its genesis in the statutory interplay between section 713.06 . . . Section 713.06(2)(a) requires the timely filing of the notice in order to perfect a lien. . . . Section 713.06(2)(a) provides: All lienors under this section, except laborers, as a prerequisite to . . .
. . . See section 713.06(2)(a), Florida Statutes. . . .
. . . FWS timely and correctly served its Notice to Owner pursuant to section 713.06, Florida Statutes (1995 . . . Osprey relied upon subsection 713.06(1), Florida Statutes (1995), in concluding that it could not be . . . desires to recommence construction, he may pay all lienors in full or pro rata in accordance with s. 713.06 . . . from JM’s supplier after it received a copy of FWS’s notice to owner in accordance with subsection 713.06 . . .
. . . it was not required to provide the Watsons with any notice to owner of its hen, pursuant to section 713.06 . . .
. . . HAJOCA made the final payment without obtaining the contractor’s affidavit that is required by section 713.06 . . . Section 713.06(2)(a) provides that, as a prerequisite to perfecting a lien under chapter 713, a subcontractor . . . The 1977 amendment did not dispense with the requirement in section 713.06(3)(d)5 that the owner retain . . . notice of commencement or demand and receive from the contractor the affidavit [required by subsection 713.06 . . .
. . . claim, alleging that Summerton had failed to file a final contractor’s affidavit as required by section 713.06 . . . obligated to make the final payment under the terms of the parties’ construction contract because section 713.06 . . . Section 713.06(3)(d)l, Florida Statutes (1993), provides that the contractor shall file an affidavit . . .
. . . improper payments and that their property was entitled to the limitation of lien described in section 713.06 . . . The Zalays maintain that section 713.06(3)(h) limits the amount of the liens against their home to the . . . We conclude that the limitation in section 713.06(3)(h) is intended to define the extent of the lien . . . Although the Zalays,’ .argument relies primarily on section 713.06(3)(h), it is instructive to examine . . . section 713.06(1), Florida Statutes (1993): A materialman or laborer, either of whom is not in privity . . .
. . . Craftsman argues, however, that section 713.06(3)(d)(l), Florida Statutes, only requires that the final . . . that McElhany was not a lienor since it had failed to file the notice to owner required by section 713.06 . . . Section 713.06(3)(d)2 sets out the procedure for payment by an owner and refers to “henors” who have . . . to file a notice to owner does not remove it from the definition of “henor” for purposes of section 713.06 . . . This interpretation of the term “lienor” is consistent with the primary purpose of section 713.06(3)( . . . . § 713.06(3)(d)l., Fla.Stat. (1993). . . . McElhany Electric was not a “lienor who ha[d] not been paid in full,” § 713.06(3)(d)l., Fla.Stat. (1993 . . .
. . . See § 713.06(3)(d)(l), Fla. Stat. (1985). . . . The court explained that the requirement of a timely affidavit under section 713.06(3)(d)(l) “is to protect . . .
. . . admitted that he served them on June 11, 1992, with the contractor’s affidavit required by section 713.06 . . .
. . . . § 713.06(3)(d), and which is a condition precedent to distribution of final payment pursuant to the . . . Section 713.06(3)(d)(l) provides, in part, that: (d) When final payment under a direct contract becomes . . . Fla.Stat. § 713.06(3)(d)(l) (1995). . . .
. . . resulted in a waiver of the requirement that Kajak file a contractor’s final affidavit pursuant to section 713.06 . . . foreclosure action was filed by Kajak as a counterclaim does not alter the statutory requirement of 713.06 . . .
. . . FURNISH SERVICES, FOR THE PURPOSE OF TIMELY PROVIDING A NOTICE TO OWNER IN ACCORDANCE WITH SECTION 713.06 . . . that the forty-five-day period for giving notice to the owner of a possible lien claim under section 713.06 . . . Section 713.06(2)(a) requires a notice to owner to be posted within forty-five days after a subcontractor . . . Co., 367 So.2d 737, 739 (Fla. 4th DCA 1979); § 713.06(1), Fla.Stat. (1991) (“[A] subcontractor ... has . . . begins to furnish services or materials for the purpose of giving notice to the owner under section 713.06 . . .
. . . Section 713.06(3)(d), Florida Statutes (1987), provides in pertinent part: (d) When a final payment under . . . In the case sub judice, Paulk alleged compliance with section 713.06(3)(d), as well as satisfaction of . . .
. . . . § 713.06(2)(a). Failure to serve this notice is a complete defense to enforcement of the hen. Id. . . .
. . . owner within forty-five days after commencing to furnish service or materials, as required by section 713.06 . . . to when services are actually furnished, and when notice should be given in accordance with section 713.06 . . . FURNISH SERVICES, FOR THE PURPOSE OF TIMELY PROVIDING A NOTICE TO OWNER IN ACCORDANCE WITH SECTION 713.06 . . . before commencing, or not later than 45 days after commencing to furnish his services or materials.... § 713.06 . . .
. . . Section 713.06(2)(a) requires that all lienors not in privity with the owner, except laborers, as a prerequisite . . . rule 1.090(a) apply to the time period within which notice must be served on the owner under section 713.06 . . .
. . . The notion is that the purposes of the notice to owner provisions of section 713.06 have been satisfied . . . See § 713.06, Fla.Stat. (1991). . . .
. . . appellant failed to serve a written notice to owner upon the Jennings in the form required by section 713.06 . . . Section 713.06(2)(c) was amended to provide in part: “The notice must be in substantially the following . . . There is no indication that a proper notice could be “served” as required by section 713.06(2)(a), by . . . Thus, the plain language of section 713.06 indicates the legislature’s intent that service of a written . . . with support for its assertion that orally reciting the warnings and information contained in section 713.06 . . .
. . . mechanic’s lien claim for failing to prove service of the contractor’s affidavit provided for in section 713.06 . . .
. . . not the unlicensed practice of law for a nonlawyer to prepare the Notice To Owner required by section 713.06 . . .
. . . Florida Statute Section 713.06(3)(d) provides that when final payment becomes due under a contract: The . . . Fla.Stat. § 713.06(3)(d). . . .
. . . . § 713.06(2), Fla.Stat. (1987). . . . No lienor under this section shall be required to serve a notice to owner as provided in s. 713.06(2) . . .
. . . The record reflects substantial compliance with section 713.06(2)(a), Florida Statutes, by a timely mailing . . . Section 713.06(2)(d), Florida Statutes (1989), provides that: If a lienor has substantially complied . . .
. . . mechanic’s lien suit dismissed for failure to provide the contractor’s affidavit required by section 713.06 . . .
. . . Corp., 342 So.2d 1078 (Fla. 2d DCA 1977) (same); see also § 713.06(2)(c), Fla.Stat. (1987) (provides . . .
. . . MECHANIC’S LIEN FORECLOSURE Section 713.06, Florida Statutes (1987), requires, as a prerequisite to perfecting . . . The failure to timely serve the notice constitutes a complete defense to the enforcement of a lien. § 713.06 . . .
. . . Sections 713.05 and 713.06(3)(d), Florida Statutes, provide that when final payment under a direct contract . . . Section 713.06(3)(d)l., Florida Statutes, provides in part: The contractor shall have no lien or right . . .
. . . trial court permitted a corporation to recover as a “laborer” pursuant to the exception in Section 713.06 . . . the owners and not being a laborer, it was not entitled to the benefits of the exception in Section 713.06 . . . , and received upon the final payment, a No Lien Affidavit, or Release of Lien, pursuant to Section 713.06 . . . (Julson), was a “laborer” and thus, exempt from the notice requirements of section 713.06(2)(a), Florida . . .
. . . also on the ground that appellant failed to serve the Notice to Owner properly as required by section 713.06 . . . appel-lees cross-appeal the finding that appellant had met the Notice to Owner provisions of section 713.06 . . .
. . . . § 713.06(2)(a), Fla.Stat. (1985). We agree. . . . Section 713.06(2)(a) requires a lienor such as Gulf Coast Roofing to serve a notice on the owners not . . . notice, or to timely serve it, shall be a complete defense to enforcement of a lien by any person.” § 713.06 . . . was abandoned and any amount unspent out of the original contract price when the job is finished. §§ 713.06 . . . owner may designate "a person in addition to himself to receive a copy of such lienor's notice.” § 713.06 . . .
. . . . § 713.06(3)(d), stating that the Affidavit was executed “for the purpose of obtaining a final payment . . . no interest in the funds and, thus, the funds are not property of the estate, based on Fla.Stat. § 713.06 . . . Fla.Stat. § 713.06(3)(d)(2); see also, St. Petersburg Sheraton Corp. v. . . . devoid of any evidence that the Gerrings ever gave the notice to the Debtor required by Fla.Stat. § 713.06 . . . not property of the estate, especially in light of the Gerrings’ failure to comply with Fla.Stat. § 713.06 . . .
. . . These circumstances relieve the lien claimant of the statutory obligation of section 713.06(2)(a), Florida . . .
. . . (Fla. 2d DCA 1985), wherein the Second District held that the proper payments provision of Section 713.06 . . .
. . . No lienor under this section shall be required to serve a notice to owner as provided in s.713.06(2) . . . or an affidavit concerning unpaid lienors as provided in s.713.06(3). . . .
. . . Finally, on May 20, 1987, Sub executed a contractor’s final affidavit pursuant to section 713.06(3)(d . . .
. . . affirmative defense, raised Timbercraft’s failure to comply with the statutory requirements of section 713.06 . . . Timbercraft failed to furnish the Adamses with a contractor’s final affidavit, pursuant to section 713.06 . . .
. . . [hereinafter Steger’s], a subcontractor, recorded a mechanic’s lien pursuant to section 713.06, Florida . . .
. . . for summary judgment on the basis that King failed to file a notice to owner as required by section 713.06 . . .
. . . We conclude that the trial court erred by improperly applying the proper payments provisions of § 713.06 . . . Section 713.04 is silent as to the applicability of the proper payments provisions of section 713.06, . . . 225 (Fla. 4th DCA 1978), approved, 377 So.2d 164 (Fla.1979), this court held that the provisions of § 713.06 . . . The lienor in this case is not subject to § 713.06(2), which is the only one of these sections requiring . . . The final puzzling question then, is: If each section is separate and stands alone and only § 713.06( . . .
. . . Thereafter, in an attempt to comply with the provisions of section 713.06(2)(a) in claiming a lien on . . . and Vaughn on the claim of lien, appellant alleged that it had notified Vaughn as required by section 713.06 . . . Section 713.06(2)(a) clearly provides that as a prerequisite to perfecting a lien under chapter 713, . . . materials to the job site is the only act that may be classified as furnishing materials under section 713.06 . . .
. . . to the general contractor, Worldwide, within forty-five days of commencement as required by section 713.06 . . . of the ruling below, the failure to serve notice on the general contractor, as provided by section 713.06 . . . contributed to and rendered him unable to rely upon the materialman’s failure to serve its section 713.06 . . . The notice was timely served on the owner, Suchman. . 713.06 provides in pertinent part: § 713.06 Liens . . . the materialman and its contributions to the job during the forty-five day period provided by section 713.06 . . .
. . . 768.57 is significantly different in its pre-suit requirements from either section 768.28 or section 713.06 . . . filing of the notice required by section 768.28(6), Florida Statutes (1987) or affidavit under section 713.06 . . . Roberts, 530 So.2d 301 (Fla.1988), held that under section 713.06(3)(d)(l), Florida Statutes (1987), . . . Section 713.06(3)(d)(l) provides: (d) When the final payment under a direct contract becomes due the . . .
. . . the ground that Abray failed to provide Hodusa with the contractor’s affidavit referred to in section 713.06 . . . It is true that the contractor’s affidavit requirement is not found in section 713.04 but in section 713.06 . . . Hence, at first blush it would seem that .no part of section 713.06 would be applicable in the presence . . . Section 713.05, entitled “Liens of persons in privity,” specifically refers to section 713.06(3)(d): . . . owner and claims a lien under this section shall furnish the contractor’s affidavit required in s. 713.06 . . .
. . . recognized a theory in negligence as well as theories based upon breach of contract and violation of section 713.06 . . .
. . . . § 713.06(2) and the Notice To Contractor required by Fla.Stat. § 713.23(l)(d)? . . . Fla.Stat. § 713.06(2). . . . Section 713.06(2) sets forth a form which may be used as the . NTO. . . . It is the custom of the industry to combine the NTO required by § 713.06(2) and the preliminary notice . . . This opinion applies to the Notice To Owner (Fla.Stat. § 713.06(2)(a)) and preliminary notice (Notice . . .
. . . vacate the liens because Capital had failed to serve her with the notice of lien required by section 713.06 . . . The second ground for the motion was Capital’s failure to serve a notice of lien pursuant to section 713.06 . . . Rubinson with a notice of lien required by section 713.06(2)(a). . . . Section 713.06, Florida Statutes (1976) (“... failure to serve the notice ... shall be a complete defense . . .
. . . mechanic’s lien action based on Tomco’s alleged failure to comply with the notice requirements of § 713.06 . . .
. . . s lien amended complaint for failure to serve a timely notice upon the owner as required by section 713.06 . . .
. . . serve an affidavit stating that all bills have been paid, in accordance with the provisions of section 713.06 . . . Bonefish moved to dismiss, alleging that petitioner failed to comply with section 713.06(3)(d)l, Florida . . . The owner then moved to dismiss the complaint for noncompliance with section 713.06(3)(d)l. . . .
. . . desires to recommence construction, he may pay all lien-ors in full or pro rata in accordance with s. 713.06 . . .
. . . The issue to be resolved here is whether the trial court’s finding that Delta complied with sections 713.06 . . . (2)(a) and 713.06(3)(d), Florida Statutes (1983), of the mechanics’ lien statute were clearly erroneous . . . Shortly after contracting with HDC, Delta mailed a notice to owner, as required by section 713.06(2)( . . . Section 713.06(2)(a), Florida Statutes (1983), requires that a notice to owner be served on the owner . . . Section 713.06(3)(d), Florida Statutes (1983), requires service of a final affidavit on an owner by a . . .
. . . a contractor subject to the requirement of furnishing a contractor’s affidavit pursuant to section 713.06 . . .
. . . .” § 713.06(3)(a), Fla.Stat. (1985). Adams v. McDonald, 356 So.2d 864, 866 (Fla. 1st DCA 1978). . . .
. . . namely, that plaintiffs failure to file a contractor’s affidavit pursuant to Florida statutes section 713.06 . . .
. . . Further, the fact that the appellant did not file a "notice to owner” under Section 713.06(2)(a), Florida . . .
. . . Section 713.06(3)(d)(1), Florida Statutes (1985), requires same of a contractor having one or more subcontractors . . .
. . . for a directed verdict on the ground that Renovations failed to comply with sections 713.08(5) and 713.06 . . . Section 713.06(3)(d)l provides in part that: The contractor shall give to the owner an affidavit stating . . . Sunair further contends that Renovations were required to file a contractor’s affidavit under section 713.06 . . . jurisdictional and a condition precedent to the filing of an action by the contractor to foreclose a lien. § 713.06 . . .
. . . Section 713.06(3)(d)l, Florida Statutes (1985), states the following: (d) When the final payment under . . . apparently did the trial judge, that the action was timely filed and that the five-day provision of section 713.06 . . . The essence of section 713.06(3)(d)l is the requirement that a contractor’s affidavit be furnished to . . . the owner has manifested its intention not to pay the claim, the five-day period provided by section 713.06 . . .
. . . Section 713.06(1), Florida Statutes (1985), provides: (1) A materialman or laborer, either of whom is . . . exceed the amount of the contract price fixed by the direct contract except as provided in [section 713.06 . . . of real property, the appellees had standing to utilize the mechanics’ lien law pursuant to section 713.06 . . . of whether any lienable funds existed on the Fairway Woods project under the provisions of sections 713.06 . . . (1) and 713.06(3), Florida Statutes (1985). . . .
. . . However, a mechanics lien is patently distinguishable because § 713.06(2)(a) specifically states, “the . . .
. . . Section 713.06(3)(d)l, Florida Statutes (1985), the controlling statute, provides as follows: The contractor . . . It is apparent without further discussion that Quality complied with section 713.06(3)(d)l prior to seeking . . . appear to have confused the pre-claim notice applicable to parties not in privity, prescribed in section 713.06 . . .
. . . Thomas, 284 So.2d 709 (Fla.lst DCA 1973); Sections 713.06(2)(a) and 713.31(2)(c) Florida Statutes (1981 . . .
. . . desires to recommence construction, he may pay all lien-ors in full or pro rata in accordance with s. 713.06 . . . Torres, 358 So.2d 101 (Fla. 3rd DCA 1978); and Section 713.06(1), Florida Statutes. . . .
. . . materialman, Monex served a notice to owner on Walt Disney World on March 19, 1982, pursuant to section 713.06 . . .
. . . Section 713.06(3)(d)(l) provides that: The contractor shall give to the owner an affidavit stating, if . . .
. . . steel it had supplied, and in June 1981 it filed a timely claim of a lien in accordance with section 713.06 . . . We found the owner entitled to the protection of section 713.06, Florida Statutes (1971), provided he . . . Subsections 713.06(d)(3)6 and 713.06(3)(e) provide that upon abandonment of a project before completion . . . In conclusion, section 713.06(1) provides that a materialman has a lien for any money that is owed to . . . OVERTON, J., concurs in part and dissents in part with an opinion. . § 713.06(2)(a) provides in part: . . .
. . . The owner alleged that the lender in violation of section 713.06(3), Florida Statutes (1983), had disbursed . . .
. . . contractor’s affidavit prior to suit as required for the foreclosure of a mechanic’s lien by section 713.06 . . .
. . . furnished the Golds with a sworn affidavit prior to instituting its action, as required by section 713.06 . . . We reject M & G’s contention that section 713.06(3)(d) is inapplicable because M & G was not a “voluntary . . . Section 713.06(3)(d) does not distinguish between voluntary and involuntary contractors. . . . Section 713.06(3)(d) provides in pertinent part: 1. . . .
. . . Pursuant to section 713.06(2), Florida Statutes (1985), Tri-County mailed a notice to owner to Richmond . . . To this end, section 713.06(2)(a) requires that a subcontractor or materialman not in privity with the . . . Section 713.06(2)(a) provides in part: (2)(a) All lienors under this section, except laborers, as a prerequisite . . . conclude that failure to serve a copy of the notice to owner on the contractor, as required under section 713.06 . . . served a notice to the owner and, if required, to the contractor and subcontractor as provided, in s. 713.06 . . .
. . . . § 713.06(2)(a). . . . purpose is fulfilled, the Florida Courts have waived the technical requirements of Florida Statute § 713.06 . . .
. . . . § 713.06(3)(d)(5), Fla.Stat. (1983). . . .