The 2023 Florida Statutes (including Special Session C)
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. . . Farrey's construction lien had been transferred from the property to a lien transfer bond under section 713.24 . . . construction liens were subsequently transferred from the property to a lien transfer bond pursuant to section 713.24 . . . claim of lien is released from the property upon its transfer to a lien transfer bond under section 713.24 . . . released from the lien claimed, and such lien shall be transferred to said security.' " (quoting § 713.24 . . .
. . . They argued that under sections 713.22 and 713.24, Florida Statutes, the property was released from the . . . See § 713.24(1), Fla. Stat. (2016). . . . See §§ 713,22(2), 713.24(4); see also Hiller v. Phoenix Assocs. of So. . . .
. . . Buck, 594 So.2d 280, 283 (Fla. 1992) (holding that a surety’s lien-transfer bond under section 713.24 . . . Fla. 4th DCA 2012) (“In the event Jomar is unable to pay the difference, or to increase the [section 713.24 . . .
. . . appeals the trial court’s order denying her motion for release of a transfer bond filed under section 713.24 . . . Indian Palms, Inc., 323 So.2d 282, 283 (Fla. 2d DCA 1975) (“Now obviously the purpose of s.713.24, supra . . . See § 713.24(1). . . . Importantly, section 713.24(4) provides for the scenario where, as in this case, a claim was pending . . . Pursuant to the “unless otherwise shortened by operation of law” language in section 713.24(4), section . . .
. . . See § 713.24(1), Fla. Stat. (2013); Allied Gen. Contractors v. . . .
. . . Thereafter, the liens were transferred to bonds pursuant to section 713.24. . . . Attaway opposed the motion based upon the mandatory provision of section 713.24(3). . . . Section 713.24 addresses transfer of liens to security. . . . We have already held that section 713.24(3) is mandatory with respect to venue. . . . The claim of lien had been transferred to a bond pursuant to section 713.24. . . .
. . . Pursuant to section 713.24, Florida Statutes, Jomar transferred the construction lien to a bond in the . . .
. . . the surety on the transfer bond, Accredited Surety and Casualty Company, Inc., finding that section 713.24 . . . Section 713.24, Florida Statutes, governing the transfer of liens to security, permits a person with . . . See § 713.24(1), Fla. Stat. . . . The courts, however, refused to apply the one-year time limitation in section 713.24(4) to bar a claim . . . The language of section 713.24(4) has remained unchanged at all times relevant to this appeal. . . .
. . . These rights include, for example, the right to “bond off" the lien claim (section 713.24), and rights . . .
. . . delivery of the bond shall be transferred to it with the same effect as liens transferred under s. 713.24 . . .
. . . Subsequently, McKinley posted a bond transferring each claim of lien to security, pursuant to section 713.24 . . . Section 713.24(1) permits “any person having an interest in the real property upon which the lien is . . .
. . . delivery of the bond shall be transferred to it with the same effect as liens transferred under s. 713.24 . . .
. . . Conditional payment bond (1)Notwithstanding any provisions of ss. 713.23 and 713.24 to the contrary, . . .
. . . Royal Marble moved to increase the security pursuant to section 713.24(3), Florida Statutes (2003). . . . pay its attorney’s fees and costs incurred in the action to enforce the lien,” and (3) that section 713.24 . . .
. . . struck Smith’s pleadings for failing to pay a $28,000 increase in the transfer bond pursuant to section 713.24 . . . Section 713.24, Transfers of liens to security, provides in part: (1) Any lien claimed under this part . . . Prior to the transfer, the county court had denied Carpet King’s motion pursuant to section 713.24(3) . . . In 1998, the legislature amended section 713.24(3), Florida Statutes (1997), to add: If the court finds . . . See, e.g., § 713.24(3), Fla. Stat. (1967); § 84.241(3), Fla. Stat. (1965). . . .
. . . National Union claimed that, under section 713.24(3), Florida Statutes, the suit could only be filed . . . Section 713.24(3), Florida Statutes, has both a jurisdictional element arid a venue element. . . . transfer bonds and claims that have been transferred to bonds via section 713.245(4), by way of section 713.24 . . .
. . . after which the appellees transferred the construction lien to a security bond pursuant to section 713.24 . . . action against the security bond in a court of competent jurisdiction as required by sections 713.22 and 713.24 . . . See § 713.24(3), Fla. Stat. (2000); see also Current Control, Inc. v. Bankers Ins. . . . See §§ 713.22(1) & (2); 713.24(4), Fla. Stat. (2000). . . .
. . . The transfer of the underlying mechanic’s lien on the subject property to a bond pursuant to Section 713.24 . . .
. . . Subsection 713.24(3) provides for venue in the county where the security was deposited. . . . Statutes, and should be distinguished from a case filed against a lien transfer bond issued under section 713.24 . . . The Fifth District in Halls Ceramic Tile also relied on sections 713.24(3) and 713.23(g), Florida Statutes . . . Those subsections substantially mirror sections 713.24(3) and 713.23(f), Florida Statutes (2000), respectively . . .
. . . YCS and the insurance company transferred the lien to surety bonds pursuant to Section 713.24, Florida . . . Two months later, DCC filed a complaint against YCS, seeking relief under Section 713.24, and also seeking . . .
. . . ICNA posted a surety bond that transferred the hen to the bond, as permitted under section 713.24, Florida . . .
. . . Walbridge transferred this claim of lien to a bond in the amount of $235,166.90 pursuant to Section 713.24 . . . Instead, Roberts Plumbing contends, as it did below, that pursuant to section 713.24(3), its suit had . . . In Morganti, the Fourth District held that pursuant to section 713.24(3), an action to recover on a bond . . . Section 713.24(1) provides: Transfer of liens to security (1) Any lien claimed under this part may be . . . Ironically, it has been suggested that the Morganti court may have misanalyzed section 713.24(3) as a . . .
. . . During the proceedings below, JPI obtained a transfer bond under section 713.24, Florida Statutes, and . . .
. . . court lacked subject matter jurisdiction to entertain an action on a surety bond pursuant to section 713.24 . . .
. . . lacked the authority to increase the penal sum of its surety bond under the 1998 version of section 713.24 . . .
. . . surety, American Diversified Insurance Company (ADIC), filed a bond in Polk County pursuant to section 713.24 . . .
. . . first sentence of section 713.245(1), which reads: Notwithstanding any provisions of ss. 713.23 and 713.24 . . .
. . . .” § 713.24(1), Fla. Stat. (1993). . . .
. . . mandamus and an emergency motion directing the clerk to disburse the cash bond pursuant to section 713.24 . . .
. . . not been a proper s. 713.23 payment bond, then in that event [the subcontractor] could look to the s. 713.24 . . . The 713.24 transfer bond did not give it any additional rights. . . .
. . . that, in the claim of attorney fees in a foreclosure action against a transfer-of-lien bond, section 713.24 . . .
. . . Hardaway’s Count IV of its Amended Counter Claim is an action under § 713.24, Florida Statutes, on the . . . Fla.Stat. § 713.24(3) (1995). . . . Roberts & Schaefer set forth the argument that since Florida Statutes Section 713.24 confers jurisdiction . . . In its holding, the district court adopted a very strict construction' of Florida Statute § 713.24. . . . Fla-Stat. § 713.24(3) (1995) (emphasis added). . . .
. . . This case involves an action brought on a bond which is executed pursuant to section 713.24, Florida . . .
. . . In reaching this conclusion, the court said: While section 713.24(3) allows a trial court to order the . . .
. . . Pursuant to section 713.24, Florida Statutes (1989), Vincent J. . . . The court explained: While section 713.24(3) allows a trial court to order the party providing the bond . . .
. . . Coppenbarger posted a transfer bond pursuant to section 713.24, Florida Statutes (1991), with Preferred . . . Coppenbarger has argued that because a mechanism exists under section 713.24(3), Florida Statutes, for . . . the lienor to receive an unsecured judgment, Coppenbarger urges, would thwart the purpose of section 713.24 . . .
. . . The lien had been transferred to a lien transfer bond issued pursuant to section 713.24, Florida Statutes . . . Regency Insurance Company argue that the lien was excessive and should be reduced pursuant to subsection 713.24 . . .
. . . However, we do not agree with the district court that section 713.24 only authorizes payment of costs . . . 280 (Fla.1992), the omission of this language repealed the $100 cost recovery limitation on section 713.24 . . . Section 713.24(l)(b), Florida Statutes (1987), provides in pertinent part: (b) Filing in the clerk’s . . .
. . . The second issue on appeal is whether the 1987 revisions to section 713.24 of the Florida Statutes make . . . Case law interpreting section 713.24, prior to 1987, held that attorney’s fees were limited to $100. . . . In 1987, the legislature amended section 713.24 by increasing the amount to be allocated to costs to . . . While section 713.24(3) allows a trial court to order the party providing the bond to either purchase . . . Section 713.24(3), Florida Statutes (1987), provides in pertinent part: Any party having an interest . . .
. . . circumstances present here, the section 713.23 payment bond should be treated as a transfer bond under section 713.24 . . . While section 713.23 itself draws an analogy to section 713.24, the .requirements for payment bonds and . . .
. . . Pursuant to section 713.24, Florida Statutes (1987), a judgment on a mechanic’s lien bears interest at . . .
. . . We note that the analogous provision in the mechanic’s lien law, section 713.24, Florida Statutes (1989 . . . See e.g. section 713.24, Florida Statutes (1989), which makes express provision for such a bond and fixes . . .
. . . Sartori then transferred the mechanic’s liens from the property to a surety bond pursuant to section 713.24 . . . Part I of Chapter 713 concerns mechanic’s liens and includes section 713.24. . . . Section 713.24, Florida Statutes is entitled “Transfer of liens to security” and sets forth the procedure . . . Aetna issued the bond in this case pursuant to section 713.24. . . .
. . . action to enforce any claim of lien or claim against a bond or other security under s. 713.23 or s. 713.24 . . .
. . . II Both parties agree that the second issue is controlled by section 713.24, Florida Statutes, as amended . . . This section states in relevant part: 713.24 Transfer of liens to security.— (1) Any lien claimed under . . . Prior to the amendment, section 713.24 limited costs to $100. . . . of costs, it repealed the $100 cost recovery limitation so that no limitation now exists on section 713.24 . . . In addition, as ap-pellee notes, section 713.24(3), Florida Statutes (1987), empowers the trial court . . .
. . . Section 713.24, Florida Statutes (1986), only authorizes payment of costs up to $500. . . . Fidelity had paid the judgment of foreclosure, plus interest, six months earlier. .Section 713.24 now . . .
. . . To remove the cloud on the title Cury posted a bond, pursuant to section 713.24, Florida Statutes (1985 . . . Under section 713.24(3), Florida Statutes, a lienor is entitled to seek an increase in the amount of . . .
. . . See § 713.24, Fla.Stat. (1985). . . .
. . . which denied petitioner’s motion for a change or substitution of surety, filed pursuant to section 713.24 . . .
. . . See § 713.24, Fla.Stat. (1985). . . .
. . . Section 713.24 Florida Statutes (1987) concerns transfer bonds. . . . It provides: 713.24 Transfer of liens to security. (1) Any lien claimed under part I may be transferred . . . appel-lee-owner’s real property to a surety deposit bond fully covering the lien pursuant to section 713.24 . . . Thus, if the benefits of the lien are fully secured by the bond provided for under section 713.24 supra . . . Section 713.24 does not, however, bar seeking an unsecured award of an attorney’s fee in excess of the . . .
. . . pendency of the proceeding, the real property subject to O’Kon’s lien was sold, and pursuant to section 713.24 . . .
. . . The issues raised in this appeal are: (1) whether, pursuant to sections 713.23 and 713.24, Florida Statutes . . . and the surety alleged that venue is proper only in Broward County, pursuant to sections 713.23 and 713.24 . . . delivery of the bond shall be transferred to it with the same effect as liens transferred under s. 713.24 . . . Pursuant to the provisions of 713.24— (1) Any lien claimed under part 1 may be transferred by any person . . . The court found the provisions of section 713.24 are— mandatory to the extent that any suit to recover . . .
. . . action to enforce any claim of lien or claim against a bond or other security under s. 713.23 or s. 713.24 . . .
. . . transferred the claim of lien from the real property to the bond, pursuant to the provisions of Section 713.24 . . . authority authorizes an attorney’s fee in excess of the amount of the payment bond provided in section 713.24 . . . Tartan-Lavers Delray Beach, 456 So.2d 1254 (Fla. 4th DCA 1984), holding that Section 713.24, Florida . . . Now obviously the purpose of § 713.24, supra, is to permit any owner, whether or not he is in privity . . . Thus if the benefits of the lien are fully secured by the bond provided for under § 713.24, supra, and . . .
. . . . § 713.24 (1985). . . .
. . . . § 713.24 (1985). . . .
. . . . § 713.24(3), § 713.23(1)(g), Fla.Stat. (1985); Morganti. . . .
. . . Upon the lienholder’s filing of a motion to increase security pursuant to section 713.24(3), Florida . . .
. . . As permitted by Florida Statutes, § 713.24 Fla.Stat., the lien was transferred to a security bond, issued . . .
. . . The owner transferred the lien to other security (bond, section 713.24(b)), and moved to dismiss the . . .
. . . After Rutenberg-Sarasota posted mechanics’ lien transfer bonds in accordance with section 713.24, Florida . . .
. . . Similarly, but conversely, it has been held that under section 713.24(3), Florida Statutes, where a material . . .
. . . Similarly, but conversely, it has been held that under section 713.24(3), Florida Statutes, where a material . . .
. . . presented by this appeal is whether a mechanic’s lien which is transferred to a bond pursuant to section 713.24 . . .
. . . enable the clerk of the circuit court to transfer liens from units to security pursuant to section 713.24 . . .
. . . as security for the Trustee’s lien, thereby releasing the real property from the lien pursuant to § 713.24 . . . The demand was made pursuant to § 713.24(4) of .the Florida Statutes, which specifies that a Claim of . . . 108 of the Bankruptcy Code on the statute of limitations including the one year date fixed by Chapter 713.24 . . .
. . . Court should enter a Final Judgment (there having been a transfer of lien to security pursuant to Sec. 713.24 . . .
. . . The conversion, by transfer, of a mechanics lien to a surety bond undertaken pursuant to section 713.24 . . . Section 713.24 does not, however, bar seeking an unsecured award of an attorney’s fee in excess of the . . .
. . . mechanic’s lien foreclosure where the claim of lien had been transferred to a bond pursuant to section 713.24 . . .
. . . Associates and the provider of a transfer bond pursuant to section 713.24, Florida Statutes (1981). . . .
. . . lien against the project, which lien was transferred to a surety bond on August 6, 1984, pursuant to § 713.24 . . .
. . . See § 713.24, Florida Statutes (1983). . . .
. . . deposit and transferred Symons’ lien from its real property to a cash deposit, pursuant to section 713.24 . . . principal, a lending institution, including attorney’s fees, was limited to $100.00, as provided in section 713.24 . . . Pursuant to section 713.24, Florida Statutes (1983), the property owner transferred the lien claim to . . .
. . . These liens were transferred to lien transfer bonds pursuant to section 713.24, Florida Statutes (1981 . . . On January 10, 1983, appellee’s mechanic’s lien was transferred to a section 713.24 lien transfer bond . . . count III, which sued ICC-T as principal and The Insurance Company of Florida as surety on the section 713.24 . . . See § 713.24(1), Fla.Stat. (1981) and Resnick Developers South, Inc. v. . . . dismissed after the mechanic’s lien had been transferred to the lien transfer bond pursuant to section 713.24 . . .
. . . Stel-Den transferred the lien to bond pursuant to Section 713.24(l)(b), Florida Statutes (1981). . . . Roof Structures] could have chosen to file an action in chancery in the Circuit Court pursuant to § 713.24 . . . Section 713.24(3), Florida Statutes (1981), in turn, states that [a]ny party having an interest in such . . . We had occasion to discuss the controlling effect of Section 713.24(3), Florida Statutes (1981), in Morganti . . .
. . . because the mechanic’s lien was “transferred” from the real property to a surety bond pursuant to section 713.24 . . . the clerk’s office a bond executed as surety by a surety licensed to do business in this state .... § 713.24 . . .
. . . attorney’s fees and costs, in favor of the materi-alman-appellee, Rinker, upon a bond posted under Sec. 713.24 . . .
. . . The lien was subsequently, prior to suit, transferred to bond pursuant to Section 713.24, Florida Statutes . . . At the time the lien was transferred to bond, the statute authorizing the transfer read as follows: 713.24 . . . See: Section 713.24(3), Florida Statutes (1975), which reads as follows: (3) Any party having an interest . . .
. . . Pursuant to Section 713.24, Florida Statutes, the lien was transferred from real property to other security . . . The applicable statutory provisions are Sections 713.24 and 713.29, Florida Statutes. . . . Transfer bonds are governed by Section 713.24. . . . Construed in para materia, Sections 713.24 and 713.29 provide that a surety’s liability for the prevailing . . . This is a legislative matter and one which is controlled by Section 713.24, Florida Statutes, supra, . . .
. . . to a point having California Coordinate System, Zone 6 coordinates of x=2,464,587.93 feet and y=415,-713.24 . . .
. . . contractor filed a Notice of Bond and the lien was transferred to the security pursuant to Section 713.24 . . . Our review of Sections 713.23 and 713.24, Florida Statutes (1977), convinces us that the proper venue . . . the question of whether the cause of action is in rem in nature in view of the provisions of Section 713.24 . . .
. . . the payment bond are transferred to that bond with the same effect as liens transferred under section 713.24 . . . difficult to ascertain the legislative intent underlying the latter language because one statute (§ 713.24 . . .
. . . . § 713.24 and then filed this action in district court claiming that the IRS’s levy against Wynne had . . .
. . . A transfer bond in the amount of $61,322.29 was posted by Bell in compliance with Section 713.24, Florida . . .
. . . Pursuant to Section 713.24(1), Florida Statutes, the Schonfelds filed a surety bond with the court and . . . Although the amount of the bond is not indicated in the record, Section 713.24(l)(b) specifies that the . . . The motion relied upon Section 713.24(3), which provides: Any party having an interest in [the] security . . . Section 713.24(l)(b) requires that the amount of the bond be computed by considering the amount of the . . . Further, Hughes’ statutory interpretation that Section 713.24(3) may permit it to require “additional . . .
. . . Aristar had the mechanics liens transferred to a Section 713.24 bond with Safeco Insurance Company of . . . It would be unnecessary to obtain a new bond provided for in Section 713.24. . . . However, the law appears to be quite settled that the principal and surety on a Section 713.24 transfer . . . appear appropriate upon remand to provide that the parties take nothing from Safeco as a result of the 713.24 . . . sum of $130,776.20 contract retainage held by Aristar. f) Enter judgment in favor of Safeco on its 713.24 . . .
. . . the defendants substituted a surety bond for the land as security for the claim pursuant to section 713.24 . . .
. . . Section 713.24(4), Florida Statutes (1973) provides: If no proceeding to enforce a transferred lien shall . . . Section 713.24(1), Florida Statutes (1973) clearly provides that upon the filing of a certificate of . . .
. . . Section 713.24, Florida Statutes. . . .
. . . judgment dismissing Corry’s claim against Royal Indemnity Co. on a transfer bond provided under Chapter 713.24 . . . reciting the partnership’s desire to discharge the claim of lien by giving a bond pursuant to Section 713.24 . . . bond filed by the limited partnership and Royal had the effect prescribed for such a bond by Section 713.24 . . .
. . . 1977, relating to the modification of security deposits made pursuant to the provisions of Section 713.24 . . .
. . . Thereupon, the general contractor filed a transfer bond pursuant to Section 713.24, which provides in . . . Statutes (1975) is a complete defense to a suit on a subsequently filed transfer bond pursuant to Section 713.24 . . .
. . . Section 713.24, Florida Statutes (1975). . . .
. . . thereafter Sanchez had the lien removed from the realty and transferred to a bond pursuant to Section 713.24 . . . The mere fact that some interested party transfers a lien from property to a bond pursuant to Section 713.24 . . .
. . . Code § 502.6 (failure to register with the Securities Department of the State of Iowa); violation of § 713.24 . . .
. . . Company, as surety, filed a surety bond in the amount of $9,294.24 to fund the lien pursuant to Section 713.24 . . . Section 713.24, Florida Statutes (1971), provides that any person having interest in real property upon . . . an action to enforce any claim of lien or claim against a bond or other security under § 713.23 or § 713.24 . . .
. . . Continental Casualty Company, as surety, and had the lien transferred to this surety bond pursuant to Section 713.24 . . . after the commencement of this action, file a bond in this cause pursuant to the authority of F.S. 713.24 . . .
. . . The subcontractor’s action on a Section 713.24, Florida Statutes (1975), Transfer bond was filed as part . . . of the earlier cross-claim so as to satisfy the time requirement of Sections 713.21(3), 713.-22(1), 713.24 . . . lien, the general contractor caused the claim of lien to be transferred to a bond pursuant to Section 713.24 . . . The subsequent Section 713.24 transfer bond provided by the general contractor does not change the situation . . . The Section 713.24 transfer bond did not give the lien claimant any additional rights; it simply created . . .
. . . entry of the summary judgment, the owner transferred the lien to bond, pursuant to Florida Statutes § 713.24 . . . , the material portion which reads: 713.24 Transfer of liens to security (1) Any lien claimed under part . . . Indian Palms, Inc., 323 So.2d 282 (Fla. 2nd DCA 1975): Now obviously the purpose of § 713.24, supra, . . .