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Florida Statute 713.13 | Lawyer Caselaw & Research
F.S. 713.13 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 713
LIENS, GENERALLY
View Entire Chapter
F.S. 713.13
713.13 Notice of commencement.
(1)(a) Except for an improvement that is exempt under s. 713.02(5), an owner or the owner’s authorized agent before actually commencing to improve any real property, or recommencing completion of any improvement after default or abandonment, whether or not a project has a payment bond complying with s. 713.23, shall record a notice of commencement in the clerk’s office and post either a certified copy thereof or a notarized statement that the notice of commencement has been filed for recording along with a copy thereof. The notice of commencement must contain all of the following information:
1. A description sufficient for identification of the real property to be improved. The description must include the legal description of the property and the street address and tax folio number of the property if available or, if the street address is not available, such additional information as will describe the physical location of the real property to be improved.
2. A general description of the improvement.
3. The name and address of the owner, the owner’s interest in the site of the improvement, and the name and address of the fee simple titleholder, if other than such owner. A lessee who contracts for the improvements is an owner as defined in s. 713.01 and must be listed as the owner together with a statement that the ownership interest is a leasehold interest.
4. The name and address of the contractor.
5. The name and address of the surety on the payment bond under s. 713.23, if any, and the amount of such bond.
6. The name and address of any person making a loan for the construction of the improvements.
7. The name and address within the state of a person other than himself or herself who may be designated by the owner as the person upon whom notices or other documents may be served under this part; and service upon the person so designated constitutes service upon the owner.
(b) The owner, at his or her option, may designate a person in addition to himself or herself to receive a copy of the lienor’s notice as provided in s. 713.06(2)(b), and if he or she does so, the name and address of such person must be included in the notice of commencement.
(c) If the contract between the owner and a contractor named in the notice of commencement expresses a period of time for completion for the construction of the improvement greater than 1 year, the notice of commencement must state that it is effective for a period of 1 year plus any additional period of time. Any payments made by the owner after the expiration of the notice of commencement are considered improper payments.
(d) A notice of commencement must be in substantially the following form:

Permit No.      Tax Folio No. 

NOTICE OF COMMENCEMENT

State of 

County of 

The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement.

1. Description of property:   (legal description of the property, and street address if available)  .

2. General description of improvement: .

3. Owner information or Lessee information if the Lessee contracted for the improvement:

a. Name and address: .

b. Interest in property: .

c. Name and address of fee simple titleholder (if different from Owner listed above): .

4.a. Contractor:   (name and address)  .

b. Contractor’s phone number: .

5. Surety (if applicable, a copy of the payment bond is attached):

a. Name and address: .

b. Phone number: .

c. Amount of bond: $ .

6.a. Lender:   (name and address)  .

b. Lender’s phone number: .

7. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes:

a. Name and address: .

b. Phone numbers of designated persons: .

8.a. In addition to himself or herself, Owner designates     of     to receive a copy of the Lienor’s Notice as provided in Section 713.13(1)(b), Florida Statutes.

b. Phone number of person or entity designated by owner: .

9. Expiration date of notice of commencement (the expiration date will be 1 year after the date of recording unless a different date is specified) .

WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE SITE OF THE IMPROVEMENT BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT.

  (Signature of Owner or Lessee, or Owner’s or Lessee’s Authorized Officer/Director/Partner/Manager)  

  (Signatory’s Title/Office)  

The foregoing instrument was acknowledged before me by means of ☐ physical presence or sworn to (or affirmed) by ☐ online notarization this   day of  ,   (year)  , by   (name of person)   as   (type of authority, . . . e.g. officer, trustee, attorney in fact)   for   (name of party on behalf of whom instrument was executed)  .

  (Signature of Notary Public - State of Florida)  

  (Print, Type, or Stamp Commissioned Name of Notary Public)  

Personally Known   OR Produced Identification  

Type of Identification Produced   

(e) A copy of any payment bond must be attached at the time of recordation of the notice of commencement. The failure to attach a copy of the bond to the notice of commencement when the notice is recorded negates the exemption provided in s. 713.02(6). However, if a payment bond under s. 713.23 exists but was not attached at the time of recordation of the notice of commencement, the bond may be used to transfer any recorded lien of a lienor except that of the contractor by the recordation and service of a notice of bond pursuant to s. 713.23(2). The notice requirements of s. 713.23 apply to any claim against the bond; however, the time limits for serving any required notices shall, at the option of the lienor, be calculated from the dates specified in s. 713.23 or the date the notice of bond is served on the lienor.
(f) The giving of a notice of commencement is effective upon the filing of the notice in the clerk’s office.
(g) The owner must sign the notice of commencement and no one else may be permitted to sign in his or her stead.
(h) The authority issuing a building permit must accept a recorded notice of commencement from an owner or the owner’s authorized agent if the notice of commencement is in the form provided in paragraph (d).
(2) If the improvement described in the notice of commencement is not actually commenced within 90 days after the recording thereof, such notice is void and of no further effect.
(3) The recording of a notice of commencement does not constitute a lien, cloud, or encumbrance on real property, but gives constructive notice that claims of lien under this part may be recorded and may take priority as provided in s. 713.07. The posting of a copy does not constitute a lien, cloud, or encumbrance on real property, nor actual or constructive notice of any of them.
(4) This section does not apply to an owner who is constructing improvements described in s. 713.04.
(5)(a) A notice of commencement that is recorded within the effective period may be amended to extend the effective period, change erroneous information in the original notice, or add information that was omitted from the original notice. However, in order to change contractors, a new notice of commencement or notice of recommencement must be executed and recorded.
(b) The amended notice must identify the official records book and page where the original notice of commencement is recorded, and a copy of the amended notice must be served by the owner upon the contractor and each lienor who serves notice before or within 30 days after the date the amended notice is recorded.
(6) Unless otherwise provided in the notice of commencement or a new or amended notice of commencement, a notice of commencement is not effectual in law or equity against a conveyance, transfer, or mortgage of or lien on the real property described in the notice, or against creditors or subsequent purchasers for a valuable consideration, after 1 year after the date of recording the notice of commencement.
(7) A lender must, prior to the disbursement of any construction funds to the contractor, record the notice of commencement in the clerk’s office as required by this section; however, the lender is not required to post a certified copy of the notice at the construction site. The posting of the notice at the construction site remains the owner’s obligation. The failure of a lender to record the notice of commencement as required by this subsection renders the lender liable to the owner for all damages sustained by the owner as a result of the failure. Whenever a lender is required to record a notice of commencement, the lender shall designate the lender, in addition to others, to receive copies of notices to owner. This subsection does not give any person other than the owner a claim or right of action against a lender for failure to record a notice of commencement.
History.s. 1, ch. 63-135; s. 9, ch. 65-456; s. 35, ch. 67-254; s. 14, ch. 77-353; s. 7, ch. 80-97; s. 4, ch. 88-397; s. 6, ch. 90-109; s. 2, ch. 91-102; s. 4, ch. 96-383; s. 1766, ch. 97-102; s. 14, ch. 98-246; s. 6, ch. 2001-211; s. 9, ch. 2005-227; s. 8, ch. 2007-221; s. 2, ch. 2011-212; s. 5, ch. 2012-211; s. 6, ch. 2023-226.
Note.Former s. 84.131.

F.S. 713.13 on Google Scholar

F.S. 713.13 on Casetext

Amendments to 713.13


Arrestable Offenses / Crimes under Fla. Stat. 713.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 713.13.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TRUMP ENDEAVOR LLC, v. FERNICH, INC. d b a, 216 So. 3d 704 (Fla. Dist. Ct. App. 2017)

. . . person in addition to himself or herself to receive a copy of such lienor’s notice, as provided in s. 713.13 . . .

HILLER, v. PHOENIX ASSOCIATES OF SOUTH FLORIDA, INC., 189 So. 3d 272 (Fla. Dist. Ct. App. 2016)

. . . specified in s. 713.22 and, during such proceeding, the lien is transferred pursuant to this section or s. 713.13 . . .

COOL GUYS, LLC d b a v. JOMAR PROPERTIES, LLC,, 84 So. 3d 1076 (Fla. Dist. Ct. App. 2012)

. . . specified in s. 713.22 and, during such proceeding, the lien is transferred pursuant to this section or s. 713.13 . . .

MHB CONSTRUCTION SERVICES, L. L. C. a v. RM- NA HB WATERWAY SHOPPES, L. L. C. a, 74 So. 3d 587 (Fla. Dist. Ct. App. 2011)

. . . the construction began, Landlord executed and recorded a notice of commencement pursuant to section 713.13 . . . provided a concise statement of the purpose served by a notice of commencement pursuant to Section 713.13 . . . Indeed, Section 713.13(l)(a), Florida Statutes, requires with Notice of Commencement information including . . . Contrary to MHB’s assertion, we do not read section 713.13, Sasso Air Conditioning, Inc., or any other . . . We also note that the Notice of Commencement properly complied with the requirements of section 713.13 . . .

STOCK BUILDING SUPPLY OF FLORIDA, INC. d b a K A v. SOARES DA COSTA CONSTRUCTION SERVICES, LLC,, 76 So. 3d 313 (Fla. Dist. Ct. App. 2011)

. . . See § 713.13(l)(a), Fla. Stat. (2005). . . . Indeed, Section 713.13(l)(a), Florida Statutes, requires with Notice of Commencement information including . . . See § 713.13(l)(a), Fla. Stat. (2005). . . .

LASALLE BANK NATIONAL ASSOCIATION, v. BLACKTON, INC., 59 So. 3d 329 (Fla. Dist. Ct. App. 2011)

. . . Pursuant to section 713.13, the notice of commencement filed by Independence would be effective for one . . .

J. S. L. CONSTRUCTION COMPANY, a L. v. LEVY, 994 So. 2d 394 (Fla. Dist. Ct. App. 2008)

. . . See, e.g., § 713.13, Fla. Stat. (1999); § 713.135, Fla. Stat. (1999) (same). . In Stresscon v. . . .

PROFESSIONAL PLASTERING STUCCO, INC. v. BRIDGEPORT- STRASBERG JOINT VENTURE,, 940 So. 2d 444 (Fla. Dist. Ct. App. 2006)

. . . In compliance with sections 713.13 and 713.23(1), the bond was attached to the notice of commencement . . .

BRIDGEPORT, INC. f k a CGU f k a v. TAMPA ROOFING COMPANY,, 903 So. 2d 306 (Fla. Dist. Ct. App. 2005)

. . . However, the owner did not file a notice of commencement pursuant to section 713.13, and neither the . . .

MICK, v. LEVEL PROPANE GASES, INC., 168 F. Supp. 2d 804 (S.D. Ohio 2001)

. . . . § 713.13 for alleged zoning violations. See City of Marion v. . . .

O. KELLER, v. NEWMAN SONS, INC,, 756 So. 2d 120 (Fla. Dist. Ct. App. 2000)

. . . See § 713.13, Fla. Stat. (Supp.1998). . . .

SASSO AIR CONDITIONING, INC. v. UNITED COMPANIES LENDING CORPORATION,, 742 So. 2d 468 (Fla. Dist. Ct. App. 1999)

. . . Indeed, Section 713.13(l)(a), Florida Statutes, requires with Notice of Commencement information including . . . Section 713.13(1)(a), Florida Statutes (1995), provides “[e]xcept for an improvement that is exempt . . . .

GULFSIDE PROPERTIES CORPORATION, a v. CHAPMAN CORPORATION,, 737 So. 2d 604 (Fla. Dist. Ct. App. 1999)

. . . concluded that because Gulfside failed to sign its notice of commencement as owner as required by section 713.13 . . . Chapman counters that section 713.13(l)(g) requires that the owner must sign the notice of commencement . . . See § 713.13(l)(g), Fla. Stat. (1993). . . .

FEDERAL DEPOSIT INSURANCE CORP. v. LACENTRA TRUCKING, INCORPORATED, a a KJK a d. b. a. Mr. a, 157 F.3d 1292 (11th Cir. 1998)

. . . . § 713.13(l)(a), before “actually commencing” to improve real property an owner must file a Notice of . . . Ann. § 713.13(l)(a) (West 1989). . . . Id. § 713.13(2) & (5). The events of this case are set out chronologically. . . . Ann. § 713.13. Id. at 475. . . .

FLORIDA WOOD SERVICES, INC. a v. OSPREY LINKS JOINT VENTURE,, 720 So. 2d 591 (Fla. Dist. Ct. App. 1998)

. . . shall record and post a notice of commencement for the recommenced construction, as provided in s. 713.13 . . .

SCOTT, P. E. v. ROLLING HILLS PLACE INC., 688 So. 2d 937 (Fla. Dist. Ct. App. 1996)

. . . . § 713.13, Fla. Stat. (1993). . . . .

E. STUNKEL, v. GAZEBO LANDSCAPING DESIGN, INC., 660 So. 2d 623 (Fla. 1995)

. . . of the improvement” means the time of filing for record of the notice of commencement provided in s. 713.13 . . .

MURSTEN CONSTRUCTION COMPANY v. C. E. S. INDUSTRIES, INC. d b a, 588 So. 2d 1061 (Fla. Dist. Ct. App. 1991)

. . . The owner did not file a Notice of Commencement pursuant to section 713.13, Florida Statutes (Supp.1988 . . .

LACENTRA TRUCKING INC. KJK d b a Mr. v. FLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI, a, 586 So. 2d 474 (Fla. Dist. Ct. App. 1991)

. . . recordation of the notice of commencement can constitute “actual commencement” within the meaning of section 713.13 . . . Section 713.13 requires an owner of real property to file a notice of commencement before actually beginning . . . Section 713.13(l)(a), Florida Statutes (1989). . . . Subsection (2) of section 713.13, however, provides as follows: If the improvement described in said . . . The foregoing provisions were replaced with the text of what is now section 713.13(2) as set out above . . .

A. FORT, v. B. LOPEZ,, 580 So. 2d 227 (Fla. Dist. Ct. App. 1991)

. . . further hold that the failure of the owners to record a notice of commencement as required by section 713.13 . . .

ANDREA PHENES DESIGNS UNLIMITED, INC. a v. R. McCLURE, 554 So. 2d 637 (Fla. Dist. Ct. App. 1989)

. . . court erred in entering judgment on the pleadings for appellee based upon its interpretation of section 713.13 . . .

L. SUCHMAN, v. NATIONAL HAULING, INC., 549 So. 2d 200 (Fla. Dist. Ct. App. 1989)

. . . .” § 713.13(l)(a)4, Fla.Stat. (1983). See Roof Structures, at page 1139. . . . affidavit under subparagraph (3)(d)l. or abandonment, whichever shall occur first, [emphasis supplied] .§ 713.13 . . . provides in pertinent part: 713.13 Notice of commencement.— (l)(a) An owner or his authorized agent . . .

NAPOLITANO v. SECURITY FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION, J. L. L., 533 So. 2d 948 (Fla. Dist. Ct. App. 1988)

. . . Under section 713.13, Florida Statutes (1981), an owner or his authorized agent, before actually commencing . . . Notably, under section 713.13, Florida Statutes (1981), only an owner or his authorized agent can record . . . commencement for an owner, a duty is created and the bank becomes an authorized agent pursuant to section 713.13 . . .

M. FOY, III, v. P. MANGUM, Jr., 528 So. 2d 1331 (Fla. Dist. Ct. App. 1988)

. . . shall record and post a notice of commencement for the recommenced construction, as provided in s. 713.13 . . .

DESIGN ALUMINUM, INC. v. DeSANTI A., 521 So. 2d 285 (Fla. Dist. Ct. App. 1988)

. . . language in, and obvious purpose of, the statutory section requiring the Notice of Commencement, section 713.13 . . .

W. McCURRY, Jr. v. M. EPPOLITO M., 506 So. 2d 1110 (Fla. Dist. Ct. App. 1987)

. . . shall record and post a notice of commencement for the recommenced construction, as provided in s. 713.13 . . . This is evident from the language of Sections 713.07(4) and 713.13(l)(a), Florida Statutes. . . . Section 713.13(l)(a) provides: (l)(a) An owner or his authorized agent before actually commencing to . . . When the owner complies with the provisions of Sections 713.07(4) and 713.13, he is entitled to set-off . . . See Sections 713.07(4) and 713.13(l)(a), Florida Statutes. . . .

FLORIDA STEEL CORPORATION, v. ADAPTABLE DEVELOPMENTS, INC., 503 So. 2d 1232 (Fla. 1986)

. . . . § 713.13, Fla.Stat. (1981), requires an owner to record a notice of commencement in the county where . . . shall record and post a notice of commencement for the recommenced construction, as provided in s. 713.13 . . .

HARDRIVES COMPANY St. v. TRI- COUNTY CONCRETE PRODUCTS, INC., 489 So. 2d 1211 (Fla. Dist. Ct. App. 1986)

. . . from the owner’s negligence in failing to record a notice of commencement in accordance with section 713.13 . . . valid, but dismissed the negligence cause of action for the owner’s failure to comply with section 713.13 . . .

In SOUTHERN EXPRESS AIRWAYS, INC., 59 B.R. 636 (Bankr. S.D. Fla. 1986)

. . . This results in the lien on the seized aircraft securing the sum of $713.13. . . . respect to the Piper Chieftain aircraft with registration number N35892 but only if the obligation of $713.13 . . . Adding that figure to the landing fees of $219.80 results in a total sum of $713.13. . . . .

STANDARD HEATING SERVICE, INC. v. GUYMANN CONSTRUCTION, INC., 459 So. 2d 1103 (Fla. Dist. Ct. App. 1984)

. . . See § 713.13,' Fla.Stat. (1981). . . . The fact that the name and address of the surety was not given in the notice, as required by section 713.13 . . .

SYMONS CORPORATION, v. TARTAN- LAVERS DELRAY BEACH, INC. d b a, 456 So. 2d 1254 (Fla. Dist. Ct. App. 1984)

. . . states that if the description of the property in the notice of commencement prescribed by Section 713.13 . . . Indeed, Section 713.13(l)(a), Florida Statutes, requires with Notice of Commencement information including . . . Section 713.13, Florida Statutes (1983), requires the owner to list his name, address, etc. on a notice . . .

E. V. CONSTRUCTION CO. v. O. NEWMAN J., 418 So. 2d 291 (Fla. Dist. Ct. App. 1982)

. . . V. duly filed and recorded the notice of commencement required by Sec. 713.13, Fla.Stat. (1979). . . .

G. L. ROYAL, Jr. F. d b a F. a v. CLEMONS, d b a, 394 So. 2d 155 (Fla. Dist. Ct. App. 1981)

. . . account of a direct contract prior to recording the notice of commencement provided for in Section 713.13 . . .

VIKING BUILDERS, INC. v. E. FELICES G., 391 So. 2d 302 (Fla. Dist. Ct. App. 1980)

. . . problem was eliminated by that revision providing for a written recorded notice of commencement (Section 713.13 . . .

RINGLING BROS. BARNUM BAILEY COMBINED SHOWS, INC. v. HART d b a s, A. d b a, 390 So. 2d 367 (Fla. Dist. Ct. App. 1980)

. . . In the instant case appellant failed to file a notice of commencement as required by Section 713.13, . . .

COORDINATED CONSTRUCTORS, v. FLORIDA FILL, INC., 387 So. 2d 1006 (Fla. Dist. Ct. App. 1980)

. . . PROPER PAYMENTS DEFENSE Upon recording of the notice of commencement, pursuant to Section 713.13, Florida . . .

COMBS, d b a s v. ST. JOE PAPERMAKERS FEDERAL CREDIT UNION,, 383 So. 2d 298 (Fla. Dist. Ct. App. 1980)

. . . No Notice of Commencement as required by Section 713.13, F.S. was recorded by either Trend or the Credit . . . 713.06(2)(a), F.S.; that the owner failed to file a Notice of Commencement of Construction under Section 713.13 . . .

WOOL WHOLESALE PLUMBING SUPPLY, INC. a v. E. ABDO, a, 365 So. 2d 216 (Fla. Dist. Ct. App. 1978)

. . . abandoned the job on June 12, 1976 and well before the owners filed a notice of commencement pursuant to § 713.13 . . . which exceeded the amount of the lien claimed, prior to the filing of a notice of commencement under § 713.13 . . .

BAUMGARTNER CONSTRUCTION COMPANY, INC. a I. W. v. C. L. HARRELL,, 364 So. 2d 802 (Fla. Dist. Ct. App. 1978)

. . . Section 713.13(1), Florida Statutes (1975), requires an owner to file a notice of recommencement after . . . abandonment as does Section 713.07(4) which concludes that the notice be filed as provided in Section 713.13 . . . However, Section 713.13(4), Florida Statutes (1975), clearly states that Section 713 does not apply to . . .

AMERICAN FIRE AND CASUALTY COMPANY, v. DAVIS WATER WASTE INDUSTRIES, INC. d b a a J. Jr. E. J. d b a a J., 358 So. 2d 225 (Fla. Dist. Ct. App. 1978)

. . . materials for subdivision improvements, from the necessity of filing a notice of commencement under § 713.13 . . .

ADAMS, d b a v. L. McDONALD, 356 So. 2d 864 (Fla. Dist. Ct. App. 1978)

. . . Section 713.13, Florida Statutes- (1975) requires an owner before commencing to improve his real property . . .

ACCO, INC. v. BISCAYNE FEDERAL SAVINGS AND LOAN ASSOCIATION, a, 352 So. 2d 884 (Fla. Dist. Ct. App. 1977)

. . . In that case we held that the mortgagees could not invoke the provisions of Section 713.13(5), Florida . . . J., CROSS, J., and MILLER, ROBERT, Associate Judge, concur. . § 713.13(5), F.S.A. . . .

C. a k a A. C. v. GREEN S POOL SERVICE, INC. A. I. A., 347 So. 2d 1081 (Fla. Dist. Ct. App. 1977)

. . . See Section 713.13(1), Florida Statutes (1971). . . .

SOUTHERN COLONIAL MORTGAGE COMPANY, INC. v. E. MEDEIROS, 347 So. 2d 736 (Fla. Dist. Ct. App. 1977)

. . . I agree with the foregoing except that I disagree that section 713.13(5) of the Florida Statutes (1975 . . . “ . any interest in real property from the owner or under him . . . .” under the intent of Section 713.13 . . . My second reason for disagreeing is that it is most inconsistent to hold that Section 713.13(5) would . . . It is unquestioned that the language employed in 713.13(5) is unfortunate and steps should be taken to . . . Section 713.13(5) provides: Unless otherwise provided in the notice of commencement or a new or amended . . . mortgagees have presented a very convincing argument that the legislature intended by enacting Section 713.13 . . . For these reasons we hold that the mortgagees were not entitled to invoke Section 713.13(5) to gain priority . . .

S S AIR CONDITIONING COMPANY, a v. A. CANTOR, 343 So. 2d 923 (Fla. Dist. Ct. App. 1977)

. . . owners did not file a notice of commencement of construction on the land, as required of them by Section 713.13 . . .

UNITED OF FLORIDA, INC. v. ILLINI FEDERAL SAVINGS LOAN ASSOCIATION UNITED OF FLORIDA, INC. v. MIDWEST FEDERAL SAVINGS LOAN ASSOCIATION OF MINOT,, 341 So. 2d 793 (Fla. Dist. Ct. App. 1977)

. . . Lakes, a large condominium complex in Manatee County, filed a notice of commencement under Section 713.13 . . . Section 713.13, Florida Statutes, which provides for notice of commencement, states in Subsection (5) . . . assignee of a mortgage could not thereby acquire “an interest in real property” as specified in Section 713.13 . . . these words having such a well understood meaning, we believe that if the legislature had meant Section 713.13 . . . we accepted the contention that a mortgage is an interest in real property for purposes of Section 713.13 . . .

RESNICK DEVELOPERS SOUTH, INC. v. CLERICI, INC. a, 340 So. 2d 1194 (Fla. Dist. Ct. App. 1976)

. . . The owner, on October 31, 1972, as provided by Section 713.13, Florida Statutes, recorded in the Public . . .

TORRES, v. C., 334 So. 2d 59 (Fla. Dist. Ct. App. 1976)

. . . cloud or encumbrance on said real property nor actual or constructive notice of any of the same.” . “713.13 . . .

AIR FLOW HEATING AND AIR CONDITIONING, INC. v. S. BAKER, 326 So. 2d 449 (Fla. Dist. Ct. App. 1976)

. . . and recorded a Notice of Commencement (of improvement to the subject real property) pursuant to sec. 713.13 . . .

JOSEPH SKILLKEN AND CO. v. CITY OF TOLEDO JOSEPH SKILLKEN AND COMPANY v. CITY OF TOLEDO, 528 F.2d 867 (6th Cir. 1975)

. . . Revised Code of Ohio § 713.13 provides: No person shall erect, construct, alter, repair, or maintain . . . Even prior to the enactment of Revised Code of Ohio § 713.13 the Ohio courts had upheld the right of . . . (Id. at 99-100, 174 N.E. at 153) Revised Code of Ohio § 713.13, enacted subsequent to Pritz and Rosenberg . . .

RUOCCO, v. P. BRINKER,, 380 F. Supp. 432 (S.D. Fla. 1974)

. . . . § 713.13, F.S.A. . F.S. § 713.07(2), F.S.A. . 407 U.S. at 96, 92 S.Ct. at 2002. . Id. . . . .

CONTINENTAL HOME PARKS, INC. a v. GOLDEN TRIANGLE ASPHALT PAVING CO. a, 291 So. 2d 49 (Fla. Dist. Ct. App. 1974)

. . . . § 713.13, F.S.A.1971, rendered all payments “improper” or only those proved to have been detrimental . . .

W. W. GAY MECHANICAL CONTRACTORS, INC. v. B. J. CASE, a, 275 So. 2d 570 (Fla. Dist. Ct. App. 1973)

. . . F.S. 713.13, F.S.A. . F.S. 713.06(3) (d)(5), F.S.A. . Trowbridge, Inc. v. . . .

ADOBE BRICK AND SUPPLY COMPANY, v. CENTEX- WINSTON CORPORATION L. a, 270 So. 2d 755 (Fla. Dist. Ct. App. 1972)

. . . commencement of improvement on real estate, which had been filed by the owner as provided for by § 713.13 . . .

HOUDAILLE INDUSTRIES, INC. v. UNITED BONDING INSURANCE COMPANY,, 453 F.2d 1048 (5th Cir. 1972)

. . . Section 713.13(1) (a) requires the filing of a notice of commencement “whether or not a project has a . . . Section 713.13(1) (e) requires that notice include “the name and address of the surety on the payment . . .